The Judicial Council is critical of outgoing Cabinet proposals to extend the Corona Pass to, for example, workplaces (with a negative test result, vaccination certificate or recovery certificate) and “2G” (corona corridor only for vaccinations or for people who have recovered).) some sectors. This is clear from the council’s advice going back to November 17th. Outgoing Minister De Jong did not send it to the House of Representatives on Thursday, so it is only published now.
The advice states that the proposals are now unclear. For example, the idea is that powers are used only if it is necessary for reasons of public health. “When such a need arises, it is not materialized,” the council says. The judiciary also finds that a “looming point” is missing. The proposal determines every three months whether an extension is necessary. “When will the situation be such that such a restriction of fundamental rights is no longer proportionate?”
The Judicial Council also deplores the reasons for which these measures were taken. Use of powers is based on advice from the outbreak management team. “However, it is not the job of the OMT but of the legislature to verify basic rights,” the advice states.
Regarding the use of the Corona Entry Card in the workplace, the board says it should become clearer what the consequences are for employees and employers if employees are unable to show the Corona Card. It is said that this matter is very ambiguous now. And if someone does not abide by the rules, who is being punished? “Will the employer or perhaps the employee also be penalized? The retailer and/or the customer? The school and/or the student?”
Peter Umtzegt and Niki Boe-Fuyig (JA21) asked questions about advice in the House of Representatives. The two parliamentarians want to know from the outgoing cabinet, among other things, why the advice was sent to the House of Representatives so late, and are asking for an extensive response from responsible ministers to the judges’ criticism. In January, the House of Representatives will again discuss the 2G system and the extension of the Corona entry ticket to workplaces.
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