The Supreme Administrative Court (SAC) has dealt another heavy blow to the Justice Ministry’s measures restricting the operation of restaurants and accommodation as part of the fight against the coronavirus pandemic. The Court overturned an emergency measure that prohibited people without completed vaccinations or from entering restaurants, clubs, and short-term accommodation after an illness.
According to SJC Chief Justice Peter Mikeš, the ministry had no basis in the Pandemic Act for restricting services.
The state must not force people to be vaccinated
The Court also pointed out, referring to the ministry’s reasoning, that the measure’s aim cannot be to force citizens into vaccination, which is voluntary.
The Court decided on the one-week deadline, which has now come into force. Given the current epidemic situation, the management of which, according to the verdict, is in the hands of the executive, not the judiciary.
The court is also hearing other lawsuits
The Court decided to cancel the measure following a lawsuit filed by a woman from Brno. The repealed provisions prohibit customers from entering food service establishments, music, dance, gambling, and similar social clubs, discos, and casinos and from using short-term and recreational accommodation services unless they meet what the ministry calls “infection-free” conditions. These conditions are either completing vaccination or having contracted COVID-19 within the last 180 days. Only in exceptional circumstances is it possible to prove oneself by means of a PCR test.
The SJC has other actions on the table against existing measures, and they may be overturned on similar grounds.