THE MAYOR, THE ADMINISTRATIVE POLICE AND THE PANDEMIC: THE AFFIRMATION OF THE PRE-EMINENCE OF THE STATE

Mayors should have been key players in the fight against COVID-19, in view of their powers in sanitary matters that come under their administrative policing powers. History has already justified this. The law of August 16-24, 1790, gave mayors policing powers in sanitary matters; this text was the basis of Article L. 2212 of the CGCT (General Local Authorities Code), empowering mayors to take all measures needed to ensure public health. Other texts were issued along these lines. Today, however, it is the state that has strengthened its powers in terms of sanitary policing. Ultimately, mayors remained limited to complementing the role of the state, under the control of the administrative judge.