TRANSLATED: ZINFOS974
The request to the State Council of Me Krikorian gave rise to an order made this Wednesday, April 22, which, in its reasons, gives reason to the lawyer, while rejecting his request for excess of power. City doctors can prescribe hydroxychloroquine, decides the Council of State.
It was a question of restoring the doctors in their right of prescription, it is done, in the reasons for the decision. Nevertheless, the Council of State rejected the request of Master Philippe Krikorian in that it judges that the Prime Minister and the Minister of Health have not committed an excess of power by effectively prohibiting city doctors from prescribe the famous molecule.
“The reasons for a jurisdictional decision are, sometimes, more loaded with normativity than its device” , comments the Marseilles lawyer, who considers that the order constitutes a paradoxical victory of the Common Good: “The pharmacists of dispensing will not be able any more legally refuse to issue the specialty, if available “ .
Asked about this decision, Maître Massimo Bianchi, in his capacity as voluntary intervener in this request, replied: “The Council of State gives us reason on the fundamentals, but had no other choice but to consolidate the government action which was manifestly constructed in the absence of scientifically valid data, just as much as in the light of an imperiousness in the global management of a crisis certainly sudden, but perfectly predictable. “
“In my opinion, nothing can justify the way in which this crisis was treated, as well as the communication established by the government which reflects a desire to infantilize French citizens. A people deserves, in my opinion, to be told the truth and not that one tries to make him admit fallacious arguments, which cannot mask the imperiousness evoked, in that one cannot translate the consequences of this humanitarian disaster by simple curves in search of a plateau , to reassure artificially instead of just telling the truth. Again, in France, form takes precedence over substance “ , regrets the lawyer.
“The Council of State could not follow us on the excess of power, but, within the limit of what is possible for it, a judge had the courage, at the end of the motivation, to give to the doctors authorization of prescription “ , says Master Bianchi.
Doctors can therefore prescribe the molecule and pharmacies must deliver it, it is still necessary that the stocks are sufficient, this is why Master Krikorian finishes:
“The National Representation, faced with a pandemic whose source is buried in the depths of the darkness of the human soul and which finds its rational explanation in the imperience and the gravity of the planetary state apparatuses, which are only equaled by the pusillanimity of certain learned societies, would be well advised to remember that “ignorance, oblivion or contempt for human rights are the only causes of public misfortunes and corruption of Governments” (Preamble to the Declaration of human and citizen rights of August 26, 1789, at full constitutional value) and vote without delay the opening of a parliamentary inquiry whose purpose, among other things, is to determine the causes of the cruel lack of supply to pharmacies in ‘pharmacy,especially in PLAQUENIL ©. “
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