Is it legal to condition access to public places to the health pass?


THE CHEKING PROCESS – On Monday, the Head of State announced the obligation of the famous sesame to access shopping centers, restaurants or cultural places. Legal measure or breach of the rule of law?

THE QUESTION. The announcement sparked an uproar on social media. In less than ten days, the health pass will be compulsory for over 12s in the “places of leisure and culture“Of more than 50 people, announced Monday Emmanuel Macron. It will then be extended to trains, planes, bars and restaurants, as well as hospitals, retirement homes and medico-social establishments. A list that could get longer afterwards. On Twitter, many Internet users denounce what they see as a “deprivation of liberties“, Some going so far as to speak of a”apartheid“, Of”authoritarianism“, Or”dictatorship“. In short, the end of the rule of law.

To carry out its project and set the general framework of the health pass, the executive nevertheless intends to go through an express bill. But many doubt the constitutionality of these new restrictions. What about under the law? Impose the vaccination certificate or a negative test

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