"Health pass" in France: the Council of State validates but relaxes the bill
The presentation of a “sanitary pass” in shopping centers is “likely to relate in particular to the acquisition of basic necessities, in particular food”.
AFP - LUDOVIC MARIN
Text by: RFI Follow
The Council of State validated this July 19 the essence of the bill providing for the vaccination obligation of caregivers, but revoked the obligation to present the "health pass" in large shopping centers and reduced the fines, have government sources announced Monday July 19 to AFP.
The text, in which also appears the extension of the "sanitary pass" to cafes, restaurants or trains, was examined Monday evening in the Council of Ministers before beginning its journey in Parliament on Tuesday.
In its opinion delivered on Monday and consulted by AFP, the Council of State therefore underlines that the presentation of a "health pass" in shopping centers is "
likely to particularly concern the acquisition of essential goods, in particular food
The court sees it as "
a disproportionate infringement of freedoms
", in particular for people who cannot be vaccinated for medical reasons and who will therefore have to be "
tested very regularly
" to access these centers.
The executive had proposed Sunday to limit this obligation to structures over 20,000 m2.
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45,000 euros from the fifth verbalization
In addition, the fine in the event of failure to comply with the obligation to control the “health pass” has been reduced to 1,000 euros, instead of a fine of 9,000 euros.
This relaxation is the result of discussions between the executive and the Council of State: the court had deemed disproportionate the first version of the government which therefore returned its copy by a corrective referral.
The Council of State however validated the sanction of one year in prison and a 9,000 euros fine, in the event of four verbalizations within 30 days.
And it will amount to 45,000 euros for legal persons from the fifth verbalization.
Mandatory 10-day isolation for people infected with Covid-19 has for its part been approved by the Council of State.
But in its opinion, the Council of State "
recommends to expressly specify (...) that the controls cannot take place at night
", the government thus retaining "
the time terminal
" of 9:00 pm.
And he suggests adding to the bill that isolation "
ceases to apply before the expiration of the ten-day period if a new test carried out shows that the interested
are no longer positive
" for Covid-19.
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