the Council of State is cautious about the vaccination pass while the bill arrives in committee

The Laws Commission of the National Assembly examines the bill on Wednesday afternoon transforming the health pass into a vaccination pass. In an opinion issued on Monday, the Council of State wishes to see several corrective measures applied to this device.

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The Council of State is cautious about “necessity and proportionality” of the vaccine pass, while the bill transforming the health pass into a vaccine pass arrives Wednesday, December 29 in committee at the National Assembly. Faced with the Omicron variant, 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.

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 as well as interregional transport”, in particular rail. Contrary to what is in force today, “one test will not be enough”, Prime Minister Jean Castex summed up on Monday.

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 also like to see extended to “compelling reasons of a family nature”. In its opinion issued on Monday, the Council of State notes 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 the freedom to assemble and the right to collective expression of ideas and opinions”.

To limit this “infringement of rights and freedoms”, the administrative court suggests that “the certificate of reinstatement” of Covid-19 can be considered “as a substitute for proof of vaccination status”, And this “under defined conditions”. The government also proposes to reserve the right to demand a “accumulation of supporting documents”, i.e. a negative test in addition to a vaccination certificate, when “the interest of public health and the state of the health situation” could justify it.


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