An ex-president of the administrative tribunal of Nice has attacked the municipal order of the mayor of Nice imposing to wear the mask when outside in the city centre. The municipal official has been confirmed by the court.
The mayor LR of Nice Christian Estrosi has he usurped the powers of the commissioner and exceeded his powers ? This is what thinks Jean-Marc is The Guy. This ex-president of the administrative tribunal of Nice has attacked this Wednesday, the municipal decree requiring it to wear the mask outside and in a large part of the city center of the prefecture of the Alpes-Maritimes in order to combat the spread of coronavirus.
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Stressing that he was neither the trial of the mask, nor that of the mayor “in that debate as it can in difficult conditions for all”, Jean-Marc, The Guy recalled that the individual freedom to come and go was a fundamental principle protected by the Constitution. Impossible to touch except to provide for “measures appropriate and proportionate”, “justified and taken by the persons who have the authority to do that,” he insisted during and after the hearing.
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taking Sunday night to a municipal ordinance so that a prefectural order is expected in the week the mayor of Nice has exceeded its powers and is granted the power to substitute to the prefect : “it is a usurpation of powers, a manifest illegality”, according to Jean-Marc The Guy.
But the municipal ordinance imposing the mask outside in Nice was validated Wednesday by the administrative court, seized emergency by the former president of this court. The judge hearing the application gave wrong this lawyer in nice, according to an order seen by AFP. According to him, on the one hand, the mayor has acted within the framework of its police power in general. On the other hand, the order is “limited in time and space,” and “imposes restrictions justified by local circumstances” and “not detrimental to the consistency of measures taken by the State”.
“that trims freedoms’
Since Monday, wearing a mask outdoors is mandatory in Nice under the penalty of a fine of up to 10 hours to 01 hours in the morning in a large area bounded by the centre-city on the edge of the sea. The setpoint is taken over by municipal police officers, that may sanction, and by the speakers.
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“A Nice, it is in a system of science-fiction : we can be interpellated by the speaker, exactly as in ‘The Prisoner’ !”, protested at the exit of the court, Jean-Marc The Guy, in reference to the british series in which the hero is reproached by a voice numbered. “I don’t know if Christian Estrosi, wants to play the fathers Virtue, but all that trims freedoms. We are in the process of prohibiting people from living under the pretext of keeping them in good health. There are no more than prohibit residents of long-term care-not to see their grandchildren for two years!”, a-t-he added.
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In may, the League of Human rights (LDH) had forced Christian Estrosi, by an application to repeal a first decree imposing the mask all over Nice. The mayor had taken in extremis a stopped plagiarizing the government regulations in order to be in the nails of the legality.
