In the streets of Strasbourg, August 5, 2020. -

CHINA NOUVELLE / SIPA

The decision of the Council of State was awaited.

And the prefects of Bas-Rhin and Rhône won their case.

In two ordinances, the public institution largely ratified Sunday evening prefectural decrees imposing the general wearing of masks in Strasbourg, 12 other towns in the Bas-Rhin as well as in Lyon and Villeurbanne.

Olivier Véran gets involved

Administrative justice ordered the Bas-Rhin prefecture on Thursday and the Rhône prefecture on Friday to issue a new decree to limit the obligation to wear the mask to particularly frequented places and times.

Seized on appeal by the Minister of Health Olivier Véran, the summary judge of the Council of State therefore finally considered Sunday that it is "justified that the wearing of the mask is imposed in perimeters large enough to consistently encompass the risk areas (…) so that this obligation is consistent and easy to apply for citizens ”.

However, the institution attached conditions to its decision.

"These extended perimeters must be delimited - and be justified - by the existence of several areas at high risk of contamination", specifies in fact the Council of State.

Thus, the summary judge asked the prefect of Bas-Rhin to limit this obligation to the city center in certain less dense municipalities and the prefect of the Rhône to exclude from this constraint people practicing physical or sports activities.

Binding protection

For the Council of State, "the simplicity and legibility of an obligation, such as that of wearing a mask, are necessary for its good knowledge and its correct application by the inhabitants", even if it is necessary to "take into account the constraint ”represented by this wearing of the mask.

In the same way, the Council of State rejected the idea of ​​an obligation applicable only to certain hours: "the schedules can be defined in a uniform way for an entire municipality or even for an entire department" if necessary. .

The prefects of Rhône and Bas-Rhin have until September 8 to modify their decrees.

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