The establishment of a new emergency regime in France: when the exception risks becoming trivialised

Abstract

In March 2020, France introduced a new state of emergency, the outcome of circumstances rather than more considered legislative reflection. Analysing French legal history, however, reveals that exceptional and extraordinary regimes have been put in place almost continuously since 2015. Through this contribution, an attempt will be made to understand the impact of this posture on the democratic edifice, realizing a state of the art of recent jurisprudential and doctrinal trends