Health pass: the Council of State largely validates the government's bill

The Council of State has taken a step forward. By his opinion to the government, he validated today the constitutionality and the conventionality of the bill which should extend the health pass. But he clarified this high-stakes text and purely and simply called the expansion of the health pass to large shopping centers. The wise men of the Royal Palace wandered, all Monday morning, between two pitfalls: the question of restrictive measures concerning targeted populations and that of attacks on activities essential to everyday life, which must remain a legal foil. absolute. Opposite this narrow door, the Council of State had as its compass the principles of proportionality and equality.

, summarizes a great lawyer.

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It is in the light of the protection of health as a fundamental freedom which is essential in these times of crisis, that the Council of State has validated the compulsory vaccination of certain populations such as nursing staff and home helpers for vulnerable people. The administrative judge relies on the case law of the European Court of Human Rights (ECHR), which leaves a large margin of maneuver to the States. While this principle did not pose a problem, the Council of State wanted to ensure consistency between all health personnel. Thus he advises to extend the obligation to all those providing care to people, regardless of their title. If on the merits, the Council of State is not opposed to sanctions in the event of failure to vaccinate,he pointed out, however, that the consultation of the bodies specific to the public service was formally not respected. Still in terms of sanctions, if it does not oppose criminal sanctions for those having to control health passes, the Council of State recommends that it is not a matter of an offense but that they obey the regime. tickets.

The other major dispute in the bill concerns the extension of the health pass to leisure activities (theater and cinema), catering or drinking establishments, services and establishments welcoming vulnerable people, large establishments and shopping centers. , but also to long-distance transport, where it was only reserved for trade fairs or trade shows. The Council of State has purely and simply revoked the Sanitary Pass for supermarkets. Indeed, he believes that there would be a difference in treatment between food brands with independent entrances and those nested in multi-activity centers. In this regard, the wise men of the Royal Palace intend to be attentive to

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It also carried out definition work by excluding the sanitary pass from collective and administrative catering.

This fine division of borders also applies to long-distance transport.

As a key to analysis, and bordered by the case law of the Constitutional Council and the ECHR, the Council of State proposed tolerance in the event of an emergency or imperative of health if the health pass was not presented.

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Finally, the principle according to which the reception of a positive test delivered by a laboratory would be worth an obligation of an isolation of 10 days controlled by the police force, is validated. The question of personal data accessible to the police was central in the judge's reflection. If the prefectures have the files, there is no question that the police have access to health data. Finally, the Council of State supports the right to appeal to the detention and liberty judge and does not want night checks after 9 p.m. Anticipating the many referrals to come on the subject by organizing a strong summer permanence, in anticipation of a possible social and legal fever.Out of 200 Covid texts presented since the first confinement 112 were examined by the Council of State in less than five days.