In France, end of the suspense this Thursday. The Constitutional Council will render its decision on the new health bill passed on August 1. A text criticized because it restricts freedoms ...

Health law: the Élysée awaiting the decision of the Constitutional Council

The Élysée Palace, February 25, 2021. AP - Thomas Coex

Text by: RFI Follow

5 mins

In France, end of the suspense this Thursday.

The Constitutional Council will render its decision on the new health bill passed on August 1.

A text criticized because it restricts freedoms.

What arouse a little excitement at the top of the state.

Publicity

“

We do not expect the law to be sacked.

Officially, Matignon, like the Elysee, has no "

major concerns

" about the decision of the Constitutional Council.

The bill provides for the extension of the health pass to daily activities, the compulsory vaccination of several professions and the compulsory isolation of the sick. The Council of State has globally

validated the text

which has been relaxed by Parliament, the principle of the health pass has already been validated by the Council on May 31, but its extension - as well as the rest of the law - raise new questions and behind the scenes, some within the executive are worried, reports our journalist from the RFI political service,

Anthony Lattier

A minister says he is not "

completely serene

Several jurists point to the weaknesses of certain measures of the law.

Partial censorship of the text could fuel the

protest

against the health pass, which is growing from Saturday to Saturday.

More than 200,000 people took to the streets on July 31 accusing this bill of being liberticidal.

The Prime Minister's entourage wants to believe that this movement "

will weaken once the pass has entered into force

►

Also to listen to: Clément Beaune: "The sanitary pass is not a punishment or a drift" (Morning guest)

This Thursday, the Constitutional Council must therefore decide, four days before its planned entry into force.

The wise men were approached by deputies, senators but also the Prime Minister, surely anxious to calm the debates in this way.

In the event of bad news, a deputy of the majority explains that in any case, the law has already achieved its objective: namely, to accelerate the vaccination.

What could get stuck

So far the Constitutional Council has never retested a measure taken in the context of the health crisis, but this Thursday it could express reservations on certain points, in particular concerning the famous health pass which conditions access to places in the presentation of proof of test or vaccination.

Among these places, there are care establishments.

The presentation of a pass would be mandatory to enter, except in an emergency.

Health professionals, starting with the order of physicians, denounce an obstacle to access to care.

How do you tell at the door of a hospital that it is an emergency if no examination can be performed?

►

To read also: Constitutional Council: points of the health bill that are debating

Another conditioned access that could get stuck is that to shopping centers.

The text provides that the health pass can be imposed there by the prefects if the epidemic reaches a threshold set by the Prime Minister.

Several constitutional experts note that it is up to the legislator to set these rules.

The threshold should therefore appear in the bill.

The government could also be censored on the mandatory isolation of positive cases: 10 days with a two-hour leave of absence, and in emergencies.

In May 2020, the Constitutional Council had already recalled that beyond 12 hours of imprisonment per day, recourse to justice was necessary.

Finally, as it stands, the text does not seem clear enough on the consequences for a professional who refuses to be vaccinated.

Suspension of the employment contract ... Does this mean dismissal?

Members also stress that this article may pose a threat to precarious workers who could see their contract broken.

► Also to listen: Thibault Mercier: "The sanitary pass will create a surveillance society" (Morning guest)

Health law: the Elysee awaiting the decision of the Constitutional Council

Health law: the Élysée awaiting the decision of the Constitutional Council

What could get stuck

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