ABSTRACT In order to cope with the Covid-19 crisis, the French Parliament has adopted an Act creating a new emergency powers regime, dubbed state of health emergency, which is currently in force. The present paper aims at analysing and providing a critical appraisal of this regime. In particular, it will be demonstrated that this regime is rather imbalanced in that it confers important powers to the executive with limited checks and balances. It will also be contended that the creation of a new regime was not necessary, and that it would have been wiser to amend the existing state of emergency.

中文翻译：

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重新发明轮子……并超越基本自由？法国的 Covid-19 流行病和“卫生紧急状态”

摘要 为了应对 Covid-19 危机，法国议会通过了一项法案，创建了一个新的紧急权力制度，称为卫生紧急状态，目前正在生效。本文旨在分析和提供对该制度的批判性评价。特别是，将证明这种制度相当不平衡，因为它赋予行政部门重要的权力，但制衡有限。也有人争辩说，没有必要建立新的制度，修改现有的紧急状态会更明智。