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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WelshAntiPassCase

WelshAntiPassCase

Welsh Anti Health Pass Case

Re: Legality of Health Passports to place conditions on Civil Liberties

 

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Facts of the Case

  • Dates: Nov 9 2021
  • Location: Wales, UK
  • Court:
  • Case #:
  • Plaintiff: Big Brother Watch
  • Defendant: State
  • Trial Type: Expedited
  • Judge:
  • Status: On Going
  • Verdict: TBD

 

Background

On November 9, 2021 NGO Big Brother Watch reported on their website that they have started the first Legal challenge against covid passports in Wales, calling it “Authoritarian, invasive and un-evidenced”.

 

*** If you have more information about this case & would like to contribute please contact us***

 

 

Significance

This is the first Legal challenge against covid passports in Wales, that would place health conditions on civil liberties such as employment, travel and potentially access to food and basic necessities.

 

Plaintiff’s Argument

…More information is needed…

 

Defendant’s Argument

…More information is needed…

 

Decision

…More information is needed…

 

Aftermath

  • …More information is needed…

 

Further Research

 

Media

Why No To Health Pass

source: Big Brother Watch

Big Brother On Law Suit (Nov 11 2021)

source: Big Brother Watch

References

  1. bigbrotherwatch.org.uk
  2. UK Column News (November 10, 2021)

 


Keywords

Wales, UK, Vaccine, Passport, Health, Digital, Certificate


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