Updates: 14.09.2021 12:42
Brno – The question of whether the whole of the Czechia can be considered the focus of the spread of covid-19 must be dealt with by the enlarged Senate of the Supreme Administrative Court (SAC). Its decision is crucial for the interpretation of the competencies of the Ministry of Health outside the emergency. One of the three-member chambers turned to the enlarged senate, which does not agree with the previous decisions of the SAC, according to which the Czechia was no longer a big focus at the end of spring, and the ministry could not find support in the Public Health Protection Act when announcing certain measures. The so-called order for reference is available on the court’s website.
According to the Senate, which wants to deviate from the existing case law, covid-19 differs from most other diseases that can be maintained and regulated in local outbreaks, or their spread completely stopped, for example, as in the coronavirus MERS.
“In contrast, coronavirus COVID-19 (professionally SARS-CoV-2) has become a pandemic disease that has spread very rapidly around the world, with its infectivity constantly increasing due to several mutations, claiming a significant number of lives. and hospitalizations, which are well – known facts as well as the fact that the mass incidence of this disease has been recorded in all areas of the Czech Republic, “the resolution states.
The Senate, chaired by Jiří Palla, believes that in May and again and now the outbreak is the entire territory of the Czech Republic, which gives the Ministry of Health the power to decide on certain general prohibitions and restrictions under the Public Health Protection Act, without having to prove in every measure that practically every Czech is a suspect of the infection. This is, for example, the regulation of catering services, for which there is no support even in the pandemic law. If the enlarged senate were to agree with Pal and his colleagues, it would mean a turning point in the existing case law of the SAC.
“The current decision-making activity of the NSS state without declaring a state of emergency has made it impossible for the COVID-19 epidemic to effectively face and protect the lives and health of its inhabitants,” the resolution said. In essence, according to the Pall Senate, it forces the state to declare a state of emergency again if the pandemic situation worsens.
At the same time, the Board of Appeal pointed out that crisis measures during an emergency are under less control by the judiciary. The main competence has the Constitutional Court, which, however, can be addressed only by a limited circle of petitioners, especially groups of deputies and senators.
Former NSS chairman Josef Baxa, current vice-chairwoman Barbara Pořízková and judges Filip Dienstbier, Zdeněk Kühn, Petr Mikeš, Aleš Roztočil and Karel Šimka will sit in the enlarged senate.
Source: České noviny – hlavní události by www.ceskenoviny.cz.
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