Санитарното извънредно положение – път към една либерална демокрация
Sanitary emergency – a path to a liberal democracy

Summary/Abstract: Introduction: Faced with the challenge of the COVID19 crisis, France confirms the tendency to using “the state of emergency” as a tool to deal with various crisis. No one disputes the complex public health situation, but a question can be raised related to the new measure - “the state of sanitary emergency” that the government has resorted to as early as March 2020. Many experts (philosophers, historians, lawyers, journalists) question the legitimacy and effectiveness of this extraordinary measure, as well as the benefit of its banalization, holding on to its continuous prolongation, although the short time of operation of the state of emergency is a condition for its constitutional compliance. The paper is not discussing how restricting freedoms can defeat the pandemic. The article examines the question of how an alarming state of public health emergency can be used for a new type of government that suspends the constitution and prioritises the executive over the judiciary and legislative power. The question is whether the rule of law and democracy will be increasingly threatened

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