International Review of Law (Jun 2021)
Summary jurisdiction as an inevitable necessity for confronting the judicial effects of the Covid-19 crisis – Analytical study of regulation No.304-2020 of the French law
Abstract
The effect of Covid-19 prompted governments to prevent recourse to the judiciary, in order to protect public health, without distinction between substantive and summary cases, for a period of not less than three months at least. On the contrary, the intervention of the French legislator was rapid and effective in issuing several exceptional legislations with respect to courts during this period, in addition to finding a balance between preserving health considerations, and the continuation of the judiciary in adjudicating summary cases. This research seeks to clarify the exceptional and legislative instruments stipulated by the French legislator with regard to summary cases. This is an analytical study of the regulation No.304-2020, through two searching points: the first one dealt with the legislative basis for organizing courts and adjudicating summary cases, while the second focused on clarifying the exceptional measures required for adjudicating in such cases during this period.
