Éléments sur la responsabilité juridique de l’État en cas de crise sanitaire

The question of the responsibility of the State in the context of the current health crisis has been raised by political actors, victims of COVID 19 and caregivers. Distinct from the criminal responsibility of political leaders, the responsibility of the State is subject to a system of administrative law which is mostly based on the notion of “failure to act”. Precedents have shown that its recognition requires some conditions to be filed which, when applied to the current period, call for a nuanced judgment.