Publications 03/24/2020

[COVID-19] Emergency law to deal with the epidemic : what are the most significant for the public sector ?

The emergency law to deal with the COVID-19 epidemic was definitively adopted by the National Assembly on March 22, 2020 and published in the Official Journal on March 24, 2020.

Information current as of the date of publication of this article.

Bignon Lebray deciphers some of the fundamental points that have an impact on public sector activities.

Why is this law necessary?

In order to strengthen the legal soundness of the Government's intervention, to temporarily restrict the freedom of movement and entrepreneurship.

So far, it is the Government that has intervened to adopt emergency measures by decree and order. Considering that the legislator has to intervene, pursuant to article 34 of the Constitution, to regulate and thus provide a framework for public freedoms, including the freedom to come and go and the freedom of enterprise, it is necessary to adopt a law to establish a solid legal framework for Government intervention and to confer on it the necessary powers within the limits set by the legislator.

Since the current provisions of the Public Health Code are considered fragile in this respect, articles 1 and 7 of the law are intended to amend the Public Health Code and strengthen the powers of the Government.

Furthermore, only one law can amend another law, and certain legislative provisions need to be adapted to deal with the situation (cf. below).

What measures are being taken as a matter of economic urgency and adaptation to the fight against the epidemic?

Art.9 - Local and regional authorities shall be entitled to engage in investment expenditure

As a natural consequence of the impact of the epidemic on the current municipal elections, the relevant local authorities have until July 31, 2020 to adopt their budgets (April 15 in normal times) and can make investments up to 7/12ths of the appropriations under the previous budget (as opposed to ¼ in normal times);

Art.11 - The government shall be entitled to take measures, by means of ordinances, that normally fall within the domain of the law, such as for example:

  • The implementation of direct or indirect aids: taking measures to aid natural and legal persons, as regards in particular cash flow support and funds financed by local authorities and institutions.
  • The adoption of measures for the award and execution of public contracts, designed to amend the mandatory provisions relating to payment periods, contractual penalties and cases of termination. In this respect, while the measures taken by the Government, in response to the epidemic, are considered by the Ministry of Economy and Finance to present two of the three fundamental cumulative conditions of force majeure (externality and unpredictability; cf.: //www.economie.gouv.fr/files/files/directions_services/daj/fiche-passation-marches-situation-crise-sanitaire.pdf), the third condition, relating to the absolute impossibility for the operator to execute its contract, must be analyzed on a case-by-case basis, depending on the projects concerned and the room for maneuver available to each operator to continue its activity (cf. our news flash published on March 19).
  • Adaptation of the rules for processing, enacting and appealing ex gratia and litigation against administrative decisions. As things stand, the usual rules continue to apply until the Government takes derogatory measures. Already provided for is the fact that the Government may take measures to adapt, interrupt, suspend or postpone the periods of nullity, lapse, foreclosure or limitation, and that these measures will be retroactive as of March 12, 2020.
  • Adaptation of the rules of governance applicable to local authorities, public establishments and administrative collegiate bodies, particularly with regard to dematerialized meetings.

What measures have been adopted with regard to municipal elections?

The second round of elections for municipal and community councils is postponed until June 2020 at the latest and will be fixed by decree, taken in the Council of Ministers of May 27. If impeded due to the health crisis, the term of office of municipal and community councilors will be extended for a period to be determined by law (art. 19). Various measures have been adopted to manage the consequences of this transitional situation on the organization and powers of local authorities and public establishments for intermunicipal cooperation.

With regard to the management of local authorities, in all cases the outgoing elected representatives will remain in office until a date to be fixed by decree, even in the municipalities in which voting took place in the first round and even if a first municipal council was able to elect the new mayor and deputies.

On the other hand, this retention of outgoing elected officials was expected in the following cases:

  • When a slate was elected in the 1st round, but the installation council could not be held, and this until the 1st installation council could be held.
  • In the event of a tie, and this until the 2nd round, (if it can take place in mid-June at the latest) or until a new complete ballot with a new 1st round and a possible 2nd round.

The team

Ilias
Dhaou

Associate

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Jean-François
Defudes

Partner

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Louise
Legrand

Associate

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Louise
Bras

Associate

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Gauthier
Pinabiaux

Associate

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Alexandra
Coeur

Associate

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Tessa
Serant

Associate

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Amandine
Racé

Associate

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Geoffroy
Tourin

Associate

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Lucas
Villain

Associate

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Mathilde
Mouret

Associate

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Julie
Mottier Mugnier

Associate

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Hanna
Gonod

Associate

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Lucie
Lavergne

Associate

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Emilie
De Ruyffelaere

Associate

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Pauline
Fournier Lesvenan

Associate

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Léa
Delorme

Associate

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Elisa
Messmer

Associate

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Marine
Ollagnon

Associate

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Guillaume
Douillard

Partner

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Paul
Camille

Associate

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Clémence
Desplancke

Senior associate

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Marie-Charlotte
Diriart

Partner

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Nadège
Ollier

Senior associate

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Mounira
Matouk

Associate

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Isabelle
Fokapu

Associate

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Thomas
Nogris

Senior associate

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Virginie
Brault-Scaillet

Partner

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Victoria
Stoop

Associate

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Matthieu
Bultel

Partner

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Charles-Eric
Thoor

Partner

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Tanguy
Nazaret

Senior associate

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Caroline
Cazaux

Partner

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Quentin
Keraval

Senior associate

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Edouard
De Limairac

Partner

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Delphine
Nowak

Partner

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Rachel
Devidal

Counsel

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Jérôme
Granotier

Partner

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Adrien
Morisse

Senior associate

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Mathieu
Bizet

Senior associate

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Lise-Aure
Jourdain

Counsel

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Philippe
Larivière

Partner

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Mathias
Clouye

Associate

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Dimitri
Nadelgaft

Senior associate

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François
Vibert

Counsel

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Jérémie
Boublil

Partner

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Elodie
Tournier

Senior associate

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Alice
Bauw

Paralegal

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Laurence
Moisy

Paralegal

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Jean-Marie
Tocchio

Partner

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Marie
Delmotte

Senior associate

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Martin
Wartelle

Associate

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Paul
Brisset

Partner

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Benjamin
Mourot

Partner

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Alain
Vamour

Partner

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Victor
Brouard

Associate

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Serge
Rastorgoueff

Partner

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Julien
Lecat

Partner

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Sébastien
Pinot

Partner

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Taous
Mabed

Partner

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Alexandre
Ghesquière

Partner

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Louis
Vallet

Partner

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Justine
Langer

Counsel

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Sophie
Frantzen-Bourez

Associate

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Delphine
Tagand

Counsel

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Neil
Robertson

Partner

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Nicolas
Moreau

Partner

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Axel
Gohaud

Associate

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Laetitia
Benoit

Partner

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Félicien
Hyest

Partner

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Barbara
Bertholet

Partner

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Ondine
Prévoteau

Partner

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Martin
Charron

Senior associate

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Tanguy
Dubly

Partner

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François
Vignalou

Partner

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Audrey
Bueche

Senior associate

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Pierre-Emmanuel
Scherrer

Partner

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Antoine
Arminjon

Partner

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Alban
Van de Vyver

Partner

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Antoine
Benoit

Partner

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Adèle
Durupt

Senior associate

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Louis
Bertrand

Associate

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Frédéric
Coulon

Partner

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