L'état de droit sacrifié sur l'autel de l'urgence sanitaire?

The international health emergency caused by the Covid-19 outbreak is unprecedented. The purpose of this article is to compare the legal approaches adopted by France and Italy in order to deal with the epidemiological crisis that threatens the health of citizens as well as the essential principles of the rule of law. The choice of the legal basis for the current emergency measures is analysed after reviewing the regimes that the two European states have put in place over the years to face exceptional situations of a different kind: human-caused emergencies - such as terrorist attacks or wars - as well as natural disasters. Secondly, the article focuses on the implementation of the measures adopted by the organs of the state executive power to combat the spread of the epidemic, with particular regard to the sanctions for violations of confinement measures. As the French and Italian governments play a leading role in the fight against Covid-19 through law, the different types of control exercised vis-à-vis the executive power will also be considered. Finally, the article provides an overview of the possible consequences that the current health crisis could have in the post-Covid-19 era, to conclude that in such an exceptional situation, law must be able to deal with the new challenges posed by the coronavirus without questioning its fundamental principles.