The Sages of the Palais-Royal look Thursday on the conformity of the law establishing the health pass, voted on July 25 by Parliament, with the principles of the Constitution.
Europe 1 returns to the most controversial points of the text, and which could be censored at the end of their examination.
DECRYPTION
Will the law establishing the health pass and the obligation for certain professions to be vaccinated come out of its examination by the Constitutional Council intact?
The response is expected Thursday.
The Wise Men give their opinion during the day on the referral they received immediately after the law was passed on July 25 by Parliament.
Several measures of this text will be looked at closely with, as a reading grid, their proportionality or not in relation to the health objectives pursued.
Compulsory isolation in the face of the freedom to come and go
The law provides in particular for compulsory isolation for a period of ten days for any person who tests positive for Covid-19.
But is the resulting restriction of freedom proportionate to the objective of combating the circulation of the virus?
The law provides that the people in question will be able to leave their homes between 10 a.m. and noon every day, as well as in case of emergency.
But will this flexibility be deemed sufficient by the Constitutional Council with regard to the principle of freedom to come and go?
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The hospital health pass in the face of the right to care
Another sensitive point of the law: the obligation to present your health pass when you go to the hospital, not for an emergency - in this case the admission is done even if you are not vaccinated - but for scheduled appointments.
During the debate in Parliament, the Minister of Health Olivier Véran had defended the objective of making health establishments "sanctuaries far from the Covid".
But for Carine Rolland, president of Médecins du Monde, in terms of access to care, there can be no discrimination: "For us, access to health must be unconditional for all. We do not understand that there can be two types of citizens, and that we do not have the same rights. There cannot be any discrimination in access to health care in this country ", she pleads with 'Europe 1.
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The sanction of employees without health pass
The Sages of the Constitutional Council are also expected on the fate of employees who work in establishments open to the public (restaurants, shopping centers, public transport, etc.). These employees, if they are not able to present a valid health pass, will see their employment contract suspended, as well as their remuneration, with the risk, after a certain time, that they will be made redundant. Although the word dismissal does not appear in the text, this point gave rise to controversy, including after the passage of the bill. Labor Minister Elisabeth Borne has not ruled out the possibility for the employer to dismiss employees who find themselves in this situation.
The Constitutional Council will probably have to reframe things. Knowing that reframing does not necessarily mean censoring passages of the law. The Wise Men can also set "reservations of interpretation", that is to say validate the text, but specify the way to apply it when several interpretations are possible.