The Council of State refuses to suspend the prefectural decree of the Alpes-Maritimes on access to shopping centers
The decision has fallen: the Council of State rejects the request to suspend the decree of the prefect of the Alpes-Maritimes which conditions access to six shopping centers on presentation of the health pass.
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In a press release published on Monday by the Council of State, the judge considers "that this obligation pursues a public health objective" and that "many shops exist nearby" in which people or people without a health pass can obtain basic necessities. For the Council of State, “the contested decree did not cause a serious and manifestly illegal attack on the fundamental freedoms invoked”.
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The urgent applications judge also recalls “that the health pass being issued on the basis of a vaccination certificate, but also of a PCR test or recovery certificate, there is no specific discrimination against unvaccinated people. ".
The decree applies until September 15
After the publication of the prefectural decree of the Alpes-Maritimes, individuals had seized the judge of the administrative court of Nice in order to suspend the prefectural obligation which imposes the health pass at the entrance of the six shopping centers of the Alpes-Maritimes . After an initial rejection of their request, the individuals appealed to the Council of State. The contested decree entered into force on September 1 and will apply until September 15, 2021.
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On the grounds of this request for suspension, the individuals invoked “a serious and manifestly illegal attack on several fundamental freedoms”. They also criticize this order for preventing some of the citizens (...) from accessing basic necessities" as well as "for preventing many workers working in the establishments concerned from going there, and , ultimately, it undermines the financial equilibrium of these establishments'.
At the end of August, several administrative courts had suspended the prefectural decrees imposing the health pass, in Yvelines, Essonne, Hauts-de-Seine and Haut-Rhin.
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