The Council of State is cautious about the "necessity and proportionality" of the vaccination pass, while the bill transforming the health pass into a vaccination pass arrives Wednesday in committee at the National Assembly.

Faced with Omicron, the government has accelerated its timetable: initially scheduled for entry into force at the end of January, this text will be examined by the Laws Committee at the National Assembly from Wednesday afternoon, after a hearing at 2:30 p.m. with the Minister of Health Olivier Véran.

The text will then be discussed in the Senate Chamber from January 5 and its entry into force is scheduled for January 15.

The end of the negative test

At this stage, the bill transforms the health pass into a vaccination pass "for access to leisure activities, restaurants and drinking establishments, fairs, seminars and trade shows or even interregional transport", in particular rail.

Contrary to what is in force today, "a test will not be enough", summarized Monday the Prime Minister Jean Castex.

The only presentation of a negative test would, however, remain valid "for access to health and medico-social establishments and services", which the Council of State would like to see also extended to "compelling reasons of a family nature".

The vaccination pass, an attack on freedoms?

In its opinion delivered on Monday, the Council of State noted that the vaccination pass "is likely to seriously undermine freedoms" and "can significantly limit the freedom to come and go and is likely to restrict freedom to come together and the right to collective expression of ideas and opinions ”. To limit this “violation of rights and freedoms”, he suggested that “the certificate of recovery” of Covid-19 could be considered “as a substitute for the proof of vaccination status”, “under defined conditions”.

The government also proposes to reserve the right to require "cumulative supporting documents", that is to say a negative test in addition to a vaccination certificate, when "the interest of public health and the 'state of health' could justify it.

12-17 year olds will be affected by the vaccination pass, "a coherent choice" according to the Council of State which has also deemed "necessary" the "verification of the identity of clients by professionals", to "prevent recourse to fraudulent documents ”.

Increased fight against false passes

Monday, Jean Castex confirmed that the managers of establishments open to the public "will have the possibility, in the event of proven doubt, to verify the identities themselves" of people presenting their vaccination pass.

The Prime Minister said he was "scandalized" by the false health passes and recalled that an increase in sanctions was provided for in the bill.

According to the Chancellery, the fact of presenting a pass belonging to others and the fact of transmitting a pass to others with a view to its fraudulent use will henceforth be punished from the first breach of a fixed fine of 1,000 euros against 135 euros currently.

And as usual, the possession of false pass will now be punished by 5 years of imprisonment and a 75,000 euros fine.

State of emergency in Réunion and Martinique

An amendment allowing administrative fines to be imposed on companies reluctant to set up telework will also be proposed by the government, the office of Labor Minister Elisabeth Borne said on Tuesday after a meeting. by videoconference with the social partners.

Jean Castex announced Monday "the use of telework (...) in all companies and for all employees for which it is possible at a minimum of 3 days per week and if possible 4 days", "from Monday and for one duration of three weeks ”.

Parliamentarians will finally be invited to extend the state of health emergency until March 31, 2022 in Martinique and to declare it until the same date in Reunion.

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  • Anti-covid vaccine

  • Covid 19

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  • Health pass

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