The 9/11 attacks triggered a new practice of and renewed interest in emergency powers. Without doubt, the United States were at the forefront of the enhanced exercise of such powers, but France is a very interesting example of the many issues and challenges raised by states of emergencies' normalization. France has been governed under a state of emergency for more than half of the time that has elapsed since the attacks of 13 November 2015.
In January 2021, the French Constitutional Council published an important decision on the protection of the right to liberty during the state of sanitary emergency. The Constitutional Council decided that extending the duration of pre-trial detention without a decision made by a judge was contrary to article 66 of the Constitution. The decision implies that while authorities can resort to exceptional powers during a pandemic, they must still respect basic human rights.
13. September 2025
Giovanni Capoccia
12. September 2025
Anne Peters
12. September 2025
Anne Peters