The Constitutional Council’s the decision fell yesterday (5 August).
The court approved the health pass rules but rejected the government’s proposal to make the 10-day quarantine period mandatory and “automatic” for people who test positive for Covid-19.
The self-isolation rules were as follows:
- Only allowed to leave the house between 10:00 a.m. and 12:00 p.m.
- Emergency departure authorized
- Going to do “strictly necessary” shopping that was not possible between 10am and 12 noon
Those found to break these rules could face a fine of up to € 1,500 for the first offense, and € 3,750 and up to six months in prison for three or more violations in 30 days.
But the court ruled that making self-isolation compulsory would be “neither necessary nor appropriate, nor proportionate”, and would deprive people of freedoms “without giving them a personal choice”.
After the court decision, self-isolation will remain recommended but voluntary.
In response, Prime Minister Matignon’s office said: “The government takes note of the cancellation of the isolation requirement for people diagnosed with the disease.
“The public authorities will endeavor to remind all people with Covid-19, including asymptomatic patients, of the need to scrupulously respect medical recommendations regarding isolation.
Vaccination compulsory but contracts cannot be broken
The court also approved compulsory vaccination for healthcare professionals and the need for some workers to present a health pass, but rejected the possibility of terminating short-term employment contracts if a worker does not present a health pass. valid pass or proof of vaccination.
She specifies: “By saying that the non-presentation of a health record constitutes a reason for early termination of a fixed-term contract, the legislator has introduced a difference in treatment between employees … which is unrelated to the objective”.
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