The unvaccinated will be able to go to the restaurant, the court ruled. As of February 9, the government will revoke the covid certificates.
“The Supreme Administrative Court abolished the mandatory proof of vaccination or confirmation of overcoming Covid-19 in restaurants, clubs, casinos or hotels. If the Ministry of Health does not amend the regulation, it will expire in a week.
The court argued that the ministry had no support for a similar measure in the so-called pandemic law. The government announced on Wednesday evening that it would abolish the obligation to prove a vaccination or illness certificate by using services and entering cultural, sports and other events by Wednesday, February 9.
According to Judge Petr Mikeš, the pandemic law does not allow similar regulation of restaurants and hotels. A law on the protection of public health would allow regulation, but only in situations where the focus of the disease is the entire country and every citizen is suspected of being infected. However, the Ministry did not come up with such an argument in justifying the measures from the end of last year, ie under Minister Válka.
Mikeš justified the time delay in the seriousness of the current epidemic situation. “It is bad, the management of the epidemic is not in the hands of the judiciary, but the executive, we are only examining the legality of the measures. We wanted to give the Ministry of Health space to react to the situation, “he said.
The ministry can either prove that the situation is extremely bad and the whole country is the focus of Covid-19, or the government would have to declare a state of emergency and ensure the regulation of restaurants and hotels by crisis measures.
According to the Minister of Health Vlastimil Válka, the abolition of infectivity checks, for example in restaurants, would solve the approval of the amendment to the Pandemic Act. Coalition MPs finally succeeded on Wednesday evening.
The Minister of Health in the Chamber announced that if the amendment to the Pandemic Act applied, the measure would be legally uncontested. He described the measure as “undoubtedly correct”. The Chamber of Deputies discussed the pandemic law the next day. At the same time, the war believes that the maximum restrictions due to the coronavirus will be able to be released in March due to the development of the epidemic.
According to Prime Minister Petr Fiala, the decision shows that it is right that the government is trying to enforce the amendment to the pandemic law. According to Fiala, the amendment responds, among other things, to previous court verdicts on the repeal of certain anti-coronary measures.
“What is most important is that the legal environment we have to deal with the pandemic in the Czech Republic, which was prepared for us by the previous government, is not sufficient, and that we must continue to work to ensure that it is sufficient,” the prime minister added after the cabinet meeting.
According to Fiala, the vast majority of the new government’s measures have survived and have not been questioned.
At the same time, the Cabinet expects to propose the abolition of the pandemic alert at the February meeting of the Chamber of Deputies. The exact date is yet to be determined in the light of the development of the epidemic. Fiala said that the cabinet did not decide under the pressure of a court verdict, but on the recommendation of experts. “It only hastened the court’s decision,” the prime minister said. According to him, the obligation to wear respirators indoors will remain in force.The chairman of the KDU-ČSL deputies, Marek Výborný, said that he welcomed the seven-day deadline that the cabinet had to rectify the measures from the court. According to Výbor, at the same time, the government will not want to maintain the measures by declaring a state of emergency.
The head of the ANO movement, Andrej Babiš, said that the court’s decision confirmed that the pandemic law, which was currently resisted by the politicians of the current government last year, is unnecessary in its current form. “We have a crisis law and, if necessary, we have the opportunity to declare a state of emergency here. Both were tested and both worked. The current government is obsessed that whatever our government has done has been a priori wrong. And that’s how it turns out, “said Babiš.
The chairman of the opposition Freedom and Direct Democracy movement Tomia Okamura was not surprised by the decision of the SAC, in his opinion the regulation was unconstitutional. He also thanked the courts.”They have become the last bastion of law and protection of freedom. We see the problem in how long it takes the court to lift the illegal orders.
The Constitutional Court has already stated, among other things, that health information is a non-public private matter of which it is not obliged to inform, “Okamura added.The SAC did not rule out that it would delete other parts of the measures in the future, it received about ten other proposals. “At least one goes into great detail in the expert documents on which the Ministry of Health relied. Therefore, I cannot rule out that the scope of repealing the measures will be even greater, “Mikeš added.It also follows from the verdict that the current ministerial measures are not intended to indirectly force people to be vaccinated. “This would make voluntary vaccination a mandatory vaccination through an emergency measure, because people who have not been vaccinated would have no choice but to be vaccinated if they wanted to live normally,” Mikeš said.
The hotel and restaurant association does not expect the government to repeal the current measures, but it should at least return the opportunity to prove itself by a negative test. “We have previously stated that with this restriction, the government wants to bring people to the vaccination,” said the president of the association, Vaclav Starek. “For entrepreneurs, it is rather a satisfaction that the government is acting illegally, but business will not help. Ministers should learn lessons and not make similar decisions, “he added.
The Minister of Industry and Trade, Josef Síkela, announced on Wednesday after the government meeting that the government would set aside up to three billion crowns for compensation for entrepreneurs, and it will decide on the support in a week.