coronavirus-in-belgium:-has-justice-really-invalidated-the-health-pass?

Coronavirus in Belgium: Has justice really invalidated the health pass?

If the justice of a European country were to suspend the sanitary pass because of the illegality of the measure, this would call into question the policy of fight against Covid – 16 many states. This would also give an additional argument to the detractors of the famous QR code. For several weeks, a message shared on Facebook announces that in Belgium , “the justice system suspends the Health Pass and inflicts 5. 000 euros fine to the Walloon government ”.

The message has been shared on social networks for several weeks. – Screenshot Words that did not escape the opposition , which welcomes such a decision: “Finally good news”, some say. “When is the turn of France? Others ask themselves. For them, such a decision in a neighboring country, while the vaccination pass is under discussion , would call everything into question.

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The message is based on a seemingly credible news site. In reality, it is the site Le mail du soir , which is customary for fake news, in particular on the current pandemic, as we already explained a year ago .

The procedure in question is as follows: the Belgian association Our right introduced at the end of November an interim action against the Covid Safe Ticket (CST) before several courts, – including that of Namur, mentioned in Facebook publications – and the Constitutional Council.

This association, which has been campaigning for several months against sanitary measures, considers that the CST “carries an unjustified interference with the right to cultural and social development, the right to peaceful assembly and the right to respect for private life and the protection of personal data ”. The CST, the Belgian equivalent of our health pass, is regulated in particular by

a decree adopted by the government Walloon on 21 October 2021 and entered into force in Wallonia on November 1

The decision in appeal known on January 7

Since this is a summary procedure, the aim is to obtain a rapid decision and to have the illegality (or not) of the measure.

As asserts the rtbe , the Walloon region was indeed condemned on 21 November to take the necessary measures “to put an end to this situation of apparent illegality of the use of CST in the Walloon region” within 7 days, under penalty of “Penalty of 5. euros per day late ”.

The next day, the region appealed against the decision of the court of first instance. Appeal that took place this week. “We pleaded yesterday – Tuesday 20 December – the call. The decision is expected for January 7, ”said to 20 Minutes the lawyer of Notre bon droit, Audrey Despontin.

A decision which does not invalidate the Belgian health pass The decision taken at first instance, which applies only to the region of Wallonia, does not make any changes to government policy, since the CST is still in force in the country. Its use has also been extended in Wallonia and Brussels until ‘to 15 April 2021.

The public life site , produced by the Directorate of Legal and Administrative Information, explains that “the summary judge is the administrative judge of the emergency. It does not judge the principal but makes it possible to obtain provisional and rapid measures, intended to safeguard the rights and freedoms of the citizens. »It is specified that he cannot in any case pronounce the annulment of a decision (in this case the implementation of the pass) .

If the Liège Court of Appeal decides, at the beginning of January, in favor of Our rightly so, the region will have to settle the penalty payment, namely 5. euros per day, to the association. And according to Belgian law,

the decree which regulates the CST could only be annulled by the Court constitutional itself.

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