French Public Health Code
In forceI. - Individual measures involving quarantine and placement and maintenance in isolation are ordered by a reasoned individual decision of the representative of the State in the department on a proposal from the Director General of the Regional Health Agency. This decision specifies the appeal procedures and deadlines, as well as the procedures for referring the matter to the liberty and custody judge.
Placement and maintenance in isolation are subject to medical confirmation of the infection of the person concerned. They shall be ordered by the State representative in the département on the basis of a medical certificate.
The measures mentioned in the first paragraph of this I may be appealed by the person concerned at any time to the liberty and custody judge in whose jurisdiction the place of quarantine or isolation is located, with a view to having the measure lifted. The liberty and custody judge may also be asked to do so by the public prosecutor with territorial jurisdiction, or may take action of his or her own motion at any time. The judge shall rule within seventy-two hours by means of a reasoned order which shall be immediately enforceable.
The measures referred to in the same first paragraph may only be extended beyond a period of fourteen days following a medical opinion establishing the need for this extension.
When the measure prohibits the person concerned from leaving the place where quarantine or isolation is taking place for more than twelve hours a day, it may not be continued beyond a period of fourteen days without the liberty and custody judge, to whom the matter has previously been referred by the State representative in the département, having authorised the extension.
A decree of the Conseil d'Etat specifies the conditions for application of this I. This decree defines the procedures for forwarding the medical certificate provided for in the second paragraph of this I to the Prefect. It also specifies the conditions for regularly informing the person who is the subject of these measures.
II. - The individual measures decreed by the representative of the State in the département in application of this article are strictly necessary and proportionate to the health risks incurred and appropriate to the circumstances of time and place. The public prosecutor with territorial jurisdiction will be informed immediately of such measures.
III. - Compliance with the measures taken pursuant to this article is monitored by the officials authorised for this purpose under article L. 3136-1. To this end, they may go to the person's place of accommodation at any time to check that he or she is present, with the exception of times when he or she is authorised to be absent and between 11pm and 8am.
