On the State of Law and the Rule of Law in the Shadow of Coronavirus

Using comparative, systemic, hermeneutic, and anthropological methodologies and the case method the author examines the situation in the French legal system resulting from restrictive measures imposed by the Government as a result of the coronavirus pandemic. These measures restrict the constitutional freedoms of citizens, are introduced in violation of the principle of the legal hierarchy of legal norms and are contrary to the Constitution of France and to the Convention for the Protection of Human Rights and Fundamental Freedoms. The law which criminalizes only the fact that police reports on violations of the self-isolation regime have been drawn up three times within thirty days without being referred to a judge has been criticized. The principles of presumption of innocence and non bis in idem (the right not to be tried or punished twice) have been violated. The practice of the European Court of Human Rights and the powers of the judiciary in the event of the adoption by a legislator of non-binding legal rules are analyzed including the Court 's legal position, which imposes on national judges the obligation to interpret factual circumstances, national sources of law, any other acts in the light of the European Convention.