According to the SAC, the office still “systematically ignores” its decisions. Next time, the court could cancel the measure immediately, without delay, which it acknowledged today. The verdict is available on the official notice board.
The SAC has previously issued two similar decisions. He repeatedly criticized the Ministry for shortcomings in the justification of similar measures. In particular, the impact of long-term respirator wear, as well as whether the health risks of wearing a respirator in some individual cases may outweigh the benefits of respiratory protection to prevent the spread of coronavirus, should be addressed. The court also requested that references to expert studies be added. However, according to the NSS, the ministry did not eliminate most of the shortcomings.
“In a state governed by the rule of law, it is not possible for the executive branch to disregard the clear opinion of the court and to obstruct the judiciary in upholding the principles of a democratic state governed by the rule of law. justification, which clearly stipulates the pandemic law. Nevertheless, the ministry is not able to meet this requirement, “said judge Petr Mikeš.
The court considered whether to repeal the measure with immediate effect or even retroactively. The obligation to wear respirators indoors would fall from day to day, including, for example, visits to medical facilities or social services. Therefore, he gave the ministry a short time to negotiate a remedy.
“The court realizes that it is undesirable that the obligation should not be imposed even for very risky situations for some time at all. Unfortunately, however, the Ministry of Health is gradually pushing the court if, despite repeated specific allegations, the court is unable to rectify deficiencies. to exclude in the future, as the court will have no other way to persuade the ministry to respect the clearly expressed legal opinion, “Mikeš added.
According to the SAC, repeated non-compliance with the court’s conclusions results in legal uncertainty. The result is also unnecessary costs incurred by the state for lost litigation and overcrowding in the system of administrative justice, where the SAC repeatedly points to the same mistakes.
The author of the proposal, which was approved by the court today, is a man who suffers from a long-term disease of the respiratory system. Wearing a respirator causes him difficulties. At the same time, it has a high level of antibodies after covid-19. He claims that wearing a respirator endangers his health more than not wearing it.
The Ministry will justify the measures on respirators according to the NSS verdict
The Ministry of Health will supplement the justification of the measure on wearing respirators indoors according to the requirements of the Supreme Administrative Court (SAC). Minister of Health Adam Vojtěch (for YES) told reporters that he could not imagine that it would not apply in the Czech Republic. The court today annulled the measure due to insufficient reasoning. Vojtěch stated that the measure is no exception in the world and it is a question of how detailed a justification will be enough for the court.
“I asked my colleagues to analyze this so that the justification we have to add within three days really corresponds to the previous judgments,” Vojtech said. He cannot imagine that the airway covering measure would not apply. “The court also did not say that the measure as such is wrong, that we could not take it. It said there was a problem in the justification, which I think is the better option. It gave us three days to complete it. And we have to do that,” he summed up. Minister.
The NSS criticized the measure as not being duly justified. Its decision shall enter into force three days after the judgment has become final, that is to say, after its delivery to both parties. “It is a question of what level of reasoning will be enough for the court. I do not know if it can be set exactly,” Vojtěch stated.
Respiratory protection is mandatory practically all over the world, the minister added. “It is not that the Czech Republic is an anomaly. It is a fundamental anti-epidemic measure recommended by the World Health Organization and others. To say that it is extensive, I do not stand in an international comparison,” he stressed.
Vojtěch does not yet know whether it will be necessary to convene a government meeting due to the amendment. “The normative text will not change, it will not be a new measure, only the justification will change. We have to discuss with lawyers whether it is necessary that only the justification is discussed by the government,” he said. If the ministry deems it necessary, Vojtěch will ask Prime Minister Andrej Babiš (ANO) for an extraordinary meeting of the cabinet.
Source: EuroZprávy.cz by eurozpravy.cz.
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