Seized in summary proceedings by individuals, the Council of State maintained the obligation to present the health pass in six shopping centers in the Alpes-Maritimes. The institution considers that the obligation pursues a public health objective.
The Council of State referred to in summary proceedings on September 13 rejected the request from individuals to suspend the obligation to present the health pass in six shopping centers in the Alpes-Maritimes, considering in particular that this obligation pursued a public health objective.
The prefect of the Alpes-Maritimes has decided to make access in the department to shopping centers of more than 20,000 square meters subject to the presentation of the health pass, from September 1 to 15 inclusive. Faced with this decision, individuals urgently appealed to the summary judge, denouncing in particular “a serious and clearly illegal infringement of several fundamental freedoms”.
Given the health situation in the department, the Council of State however considered that requiring a health pass at the entrance to shopping centers was a measure “necessary, appropriate and clearly proportionate to the public health objective pursued” .
In addition, the health pass “does not create any discrimination between vaccinated and unvaccinated people” since it can also be obtained following a negative test.
Finally, “there are many shops likely to allow poor people with a health pass to access essential goods and services at a reasonable distance from each of the six shopping centers concerned”, underlines the Council of State, which concludes that the measure does not seriously infringe fundamental freedoms.
Since mid-August, the prefects could decide to impose the health pass for surfaces of more than 20,000 square meters in the departments where the incidence rate of the epidemic exceeded 200 per 100,000 inhabitants over a week.
However, prefectural decrees were suspended by the administrative justice in some departments, confirmed in others. What to lose the consumers, accuse the professionals of the sector.
Last week, the government announced the easing of the restriction. It is now only valid in 64 shopping centers of more than 20,000 square meters, located in nine departments: Alpes-Maritimes, Bouches-du-Rhône, Corse-du-Sud, Gard, Hérault, Rhône, Seine-Saint -Denis, Var, Vaucluse.
In total, according to the government, 178 shopping centers in 27 departments have been affected at one time or another by a health pass obligation, out of the 341 centers of more than 20,000 square meters in the country.