The offensive had come from all over. When the announcement of the establishment of a health pass in places of culture receiving more than 50 people from July 21, several organizations, unions and associations of the cultural sector * had stepped up to the plate before the Council of State to challenge the decision taken by the government and its decree. Among the arguments of the opponents, the choice of a very tight schedule between the announcement of the measure and its application. Too tight according to these actors of the cultural milieu who have chosen to seize the high administrative court in summary freedom (that is to say in accelerated procedure). They also underlined the difference in treatment with other sectors, such as catering, where the health pass will only take place at the beginning of August.And felt that it was not up to their employees to control the sanitary passes, "
police prerogative
”.
Read also: The government backpedal and authorizes cinemas to adopt a gauge of 49 people without a pass
The Council of State issued its conclusions on Monday and rejected the applicants' requests.
“
The summary judge observes that the law of May 31st allowed the Prime Minister to impose the presentation of a health pass for people wishing to access“ large gatherings ”(...) and that the health situation in France has recently deteriorated, with an increasing distribution of the Delta variant, which is particularly transmissible,
”explains the Council of State in a press release released on Monday.
The court therefore considers that there is no "
serious doubt as to the legality of the contested decree
".
The decree is not such as to seriously and manifestly unlawful interference with fundamental freedoms.
Press release from the Council of State
At the same time, the judge rejected the freedom summary proceedings on the grounds
"that the decree was not likely to seriously and manifestly unlawful interference with the fundamental freedoms invoked, the freedom of expression and the free communication of ideas, the freedom of creation. artistic, freedom of access to cultural works, freedom of enterprise and freedom of trade and industry as well as the right to free exercise of a profession ”
.
The Council of State finally underlines that
"the future law relating to the management of the health crisis should soon render null and void the contested decree, which will therefore still be in force only for a few days"
. A law which will be examined by the Constitutional Council on August 5, at the request, this time, of the government on the one hand, and the left-wing opposition, on the other.
* Among the applicants: the Society of Dramatic Authors and Composers, the Associated Choreographers Syndicate, the National Union of Directors, the Federation of Performing, Music, Audiovisual and Cinema Enterprises, the association Jazzé Croisé, the association Writers associated with theater, the National Union of artistic and cultural enterprises, the Federation of specialized vocal and instrumental groups, the National Federation of entertainment, cinema, audiovisual and cultural action CGT, the National Syndicate of Public Scenes, the Professional Syndicate of Producers, Festivals, Ensembles, Independent Music Distributors, the Les forces musicales syndicate, the France Festivals association,the French Federation of Music and Performing Festivals and the Force Ouvrière Federation of Arts, Entertainment, Press, Communication and Multimedia Unions.
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