Public Entertainment Closure Case

Public Entertainment Closure Case

Public Entertainment Closure Case

Re: the Legality of Closing Cinemas & Theatres for Covid

 

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Facts of the Case

  • Dates: December 2021
  • Location: Brussels
  • Court: Council of State
  • Case #:
  • Plaintiff: Actors & Theatre Union
  • Defendant: PM DeCroo
  • Trial Type:
  • Judge:
  • Status: End
  • Verdict: For the Plaintiff


Background

In December 2021, Prime Minister Alexander De Croo announced the closures, introduced to curb the spread of the Omicron variant of Covid-19. De Croo also restricted people from sports stadiums and imposed capacity limitations in stores, in addition to shutting down entertainment venues. Belgium was not the only European country to enact similar legislation, as Denmark and the Netherlands had done previously. [1]

A union representing actors, performers, and movie theatre owners petitioned the government to overturn its ruling. Thousands of entertainment workers and supporters marched in Brussels on Sunday, accusing the government of “contempt, discrimination, and abuse,” but to no avail, as Health Minister Frank Vandenbroucke told state broadcaster RTBF earlier on Tuesday that “there is no possibility to immediately revise the decision.” [1]

 

Significance

This case challenges the legality for government enforced closures

 

Plaintiff’s Argument

…More information is needed…

 

Defendant’s Argument

…More information is needed…

 

Relevant Prior Judgements/ Cases

A court in Wallonia declared earlier this month that requiring vaccination passes to enter cafes, restaurants, gyms, and other locations was illegal in the region. While the pass is a national government initiative, individual regions are in charge of enforcing its use. (Authorities in Wallonia, on the other hand, have appealed the ruling and stated that vaccine passes will continue to be required.) [1]

 

Decision

The government’s decision to close cinemas, theatres, and other entertainment venues in Belgium has been overturned. [1]

The judgment was made on Tuesday by Belgium’s Council of State, the country’s highest administrative court, nearly a week after Prime Minister De Croo announced the closures. [1]

 

Aftermath

…More information is needed…


Further Research

Court Documents:
  • Read the Court Ruling
In the news:
  • …More information is needed…

 

Media

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source: ….

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References

  1. Belgium’s court rules on Covid’s closure of cinemas and theatres after protest
  2.  

 

Keyword

Belgium, Brussels, Capacity, Cinema, Cinemas, Closure, Council of State, De Croo, Entertainment, Health Minister, Passes, Prime Minister, Stadiums, Theatres, Vandenbroucke, Wallonia


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Wallonia Covid Pass Case

Wallonia Covid Pass Case

Wallonia Covid Pass Case

Re: the Legality of using passes to access public spaces– turning rights into privileges

 

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Facts of the Case

  • Dates: Nov 12(?) 2021
  • Location: Wallonia, Belgium
  • Court: Namur city’s Court of First Instance
  • Case #:
  • Plaintiff: Notre bon droit
  • Defendant: City
  • Trial Type:
  • Judge:
  • Status: End
  • Verdict: For The Plaintiff


 

Background

A non-profit organization called ‘Notre bon droit’ (Our good right) initiated the procedure challenging the Wallonia region’s decree on the COVID pass. (1)

At the time of this case: Use of the COVID Safe Pass is mandatory all over the country when entering restaurants, gyms and cultural venues. But officially, regional governments are responsible for imposing the restrictive measures under the federal-state system. (1)

 

Significance

This case is a blow to the Covid Pass system which seeks to impose restrictions on rights- essentially turning rights into privileges.  The case upholds the fundamental rights of people to go about their daily lives. 

 

Plaintiff’s Argument

…More information needed…

 

Defendant’s Argument

  • According to the Belgian daily Le Soir, representatives of the Wallonia government failed to appear at a court hearing on Nov. 16 because no one dealt with the file in the public administration for five days due to a combination of a weekend and public holidays. (1)
  • The invitation letter was received on Nov. 10, but the day after was Armistice Day commemorating the end of World War I, a public holiday in Belgium. The holiday fell on a Thursday and was extended to a long weekend by most of the officials. (1)
  • The following Monday – Nov. 15. – was King’s Day, which grants a holiday for the public administration. (1)
  • As a consequence, nobody dealt with the file and the hearing took place in the absence of the Wallonia officials. (1)

 

Decision

  • The court ruled that use of a COVID pass is illegal and ordered the local government to pay a daily fine of €5,000 ($5,658) until they withdraw the measure, local media reported Wednesday. (1)
  • Namur city’s Court of First Instance ruled Tuesday that use of the COVID Safe Ticket (CST) was illegal in the Wallonia region.
  • According to the judgment, rules requiring everyone to show their CST before entering cafés, restaurants, gyms and cultural venues were curbing individual freedoms in a disproportionate way which does not serve the goal they pursue. (1)

 

Aftermath

The Wallonia region announced that they would not repeal the regulation and appealed immediately against the judgment. (1)

 

Further Research

…More information needed…

 

Media

source: ..

source: ….

source: …

 

References

 

Keyword

Belgium, Covid, digital, certificate, green, Pass, Wallonia, Notre bon droit


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