Health bill: the Council of State allows measures restricting freedom to pass

The net continues to tighten around public freedoms.

The opinion of the Council of State concerning the bill on the transformation of the sanitary pass into a vaccination pass operated in a surgical way some reservations and suggestions, but also recorded certain provisions which seemed, until then, made not to last. .

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Unsurprisingly, the Supreme Court validated the government's text.

To justify it, she recalls in the preamble of her opinion that this new vaccination pass is not only intended to limit the spread of the virus, as was the case for the health pass.

But it is also a question of

.

A principle in accordance with the constitutional value of health protection, affirms the Council of State.

Reservations and details

However, the latter does not try to minimize the other objective of this new law: that

.

Thus, the Council of State supports the reluctance of the government to introduce a real vaccination obligation which would raise other questions in terms of controls and which, to this end, would not abolish the existence of a vaccination pass. .

Another reserve formulated lip service by the wise men of the Royal Palace, the fact that there is no return trip planned for the vaccination pass and that, to go back, that is to say the simple health pass , a law will be necessary

The opinion contains three reservations and clarifications in part accepted by the government.

Here comes the concept of "compelling reasons".

While in 2020, he embodied the limitation to the ban on coming and going, that he now protects this constitutional principle.

The Council of State invokes it to suggest to the legislator

.

The "rigidity" of the bill

Sourcilleux, the Council of State also asks the legislator to

. The bill in fact made recent patients with Covid subject to the vaccination pass when they must meet a certain time limit before being vaccinated. Another reservation formulated lip service by the wise men of the Royal Palace, the fact that there is no return trip planned for the vaccination pass and that, to go back, that is to say the simple health pass , a law will be necessary. Without opposing it, the Council of State nevertheless considers thatin this regard

The Council of State also validates the principle that those professionals who were previously subject to the health pass, will now be subject to the vaccination pass.

In addition, it validates the fact that adolescents from 12 to 17 years old will be subject to the vaccination pass.

Since September 30, the latter were already at the sanitary pass.

What feed the mill of all the jurists who believe that all the binding measures which follow one another are necessary in time and are not ephemeral.

Professionals subject to vaccination

In the same vein, and in perfect parallelism of forms, the Council of State also validates the principle that those professionals who were previously subject to the health pass, will now be subject to the vaccination pass.

One way like any other to de facto expand the cohort of professionals subject to vaccination.

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These same professionals are also endowed with a new prerogative accepted by the Council of State: that of controlling identities in order to stem fraud in the vaccination pass.

To do this, it relies on what already exists, such as the possibility for a cafe owner to control the age of alcohol consumers.

However, he is careful to specify that this

can only take place

.

, squeaks a lawyer who is worried about later versions of these successive provisions.

Towards a pass with a negative test?

Because it is true that, to avoid confinement, the texts nonetheless continue to harden. Proof of this are two provisions: to guarantee the control of those coming from countries at risk and subjected to isolation because they tested positive,

will now have the possibility of accessing

" appearing in the system. "SI-DEP" information. This provision, already provided for in the text on the health pass, had fallen due to constitutional censorship of a correlated article.

Finally, the Council of State lets pass, without dwelling on it, a small poison pill which could, in the coming weeks, be activated if the contaminations intensify: the obligation, as in certain countries like Germany, to present not only the vaccination pass, but simultaneously a test.

,

says one, without blinking, within the senior administration.