The Green Pass is illegal. The Court of Namur, in Wallonia, reignites the clash over the vaccination certificate and the measures to combat the Covid pandemic. The judges of the capital of the French-speaking region of Belgium reject the anti-Coronavirus measures and order local authorities to withdraw the provisions in force, on pain of a daily fine of 5,000 euros for each day. The request of the citizens of the Notre Bon Droit association (our right) has been accepted.
Victory of the no-vax over the pro-vaccinists? History seems to repeat itself, but it’s not so much a vaccine issue per se. The Namur court disputes the implications for the respect of privacy in the procedures for requesting the Covid Safe Ticket (the name given to the Green Pass in Belgium), necessary to go to restaurants, bars and closed places such as gyms. There is also the risk of discrimination for those who do not have it.
In essence, the principle of proportionality does not appear to be respected. This is the crux of the matter. The decision ends up reviving the debate on vaccines, certificates and so on, but there is in the background the possibility that the regional decree behind the introduction of the Green Pass obligation may have been poorly written. A modification of the provision could settle the legal question, which however will continue.
The Wallonia region has announced that it will appeal, and that for this reason, as there is an ongoing dispute, the Covid certificate will not disappear. On the contrary, the obligation to exhibit it will remain until the final judgment. Meanwhile, the clash is renewed and a domino effect is feared.
A similar case is pending in the Brussels court. The Charta21 association has asked for the suspension of the reading of Covid certificates. Also in this case the alleged violation of the rules on the protection of personal and sensitive data is contested.