Health bill: does recourse to the Constitutional Council threaten promulgation by Sunday?

by time news

Will it still be possible to get tested for Covid on Monday? The question is provocative, but the answer does not necessarily seem obvious. Two epidemic monitoring and data collection tools, SI-DEP (which allows test results to be recorded) and Contact Covid (for tracing), are due to end on Sunday July 31. The new health law, definitively adopted by Parliament on Tuesday, provides for their extension until June 30, 2023 for the first and until January 31, 2023 for the second. But will it be promulgated in time, that is to say by Sunday?

The question may arise because the Constitutional Council was seized on Wednesday by more than 60 deputies from La France insoumise. According to article 61 of the Constitution, the promulgation of the law is suspended until the Elders render their decision. They have a maximum of eight days to decide, as this is an urgent examination. Will they be able to do it in three or four days? “It’s up to him to go quickly, he has already done it,” replied LR deputy Philippe Gosselin in mid-July.

“The Constitutional Council can decide very quickly. It is organized for and it foresees the referrals and the arguments raised well in advance (which are very similar to those of last year on previous health texts) ”, abounds Bruno Daugeron, professor of public law at the University of Paris. -Cited. The constitutionalist does not consider it impossible for the Constitutional Council to render its decision on Saturday during the day, leaving time for the General Secretariat of the Government to launch the promulgation circuit. “It may be tight, but not impossible,” he summarizes.

“Avoid any interruption of information systems”

A government source also believes that “the Constitutional Council should be able to render its decision on time and the law be promulgated in stride”. This is in any case “the objective, to avoid any interruption of the information systems”. The referral is relatively short, since it only concerns two aspects of the law (other than the extension of SI-DEP and Contact Covid). The Ministry of Health does not wish to make an official decision, saying it is calmly waiting for the decision.

A hearing was also held this Thursday afternoon, during which the rebellious deputies defended their arguments. They dispute in particular the fact that a negative test could be imposed on travelers going from metropolitan France to overseas in the event of a risk of saturation of the health system on site, while the same possibility from abroad or overseas -sea towards “the national territory” applies in the event of a new dangerous variant. This constitutes, in their eyes, “a significant difference in treatment depending on the place of origin of the trip”.

“They made us understand that they will make their decision by the end of the week, precisely so as not to block (the promulgation of the text by Sunday) “Says Ugo Bernalicis, elected LFI. Contacted to find out when it intended to decide, the Constitutional Council was unable to answer us.

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