Il rispetto delle libertà e dei diritti fondamentali durante l’état d’urgence: utopia o realtà?

Following the terroristic attacks that occurred in Paris on the 13th November 2015, the French Cabinet approved a decree for the declaration of a state of emergency envisaged by a statute from April 3rd 1955 that provides for the application of certain measures that limit the enjoyment of rights and fundamental freedoms. The Conseil d’État has asked four question prioritairie de constitutionnalité to the Conseil constitutionnel which all show the difficulty of balancing the safeguard of the rights and the liberties with the public order.