On social networks, the catchphrase “Do what I say, not what I do” is taken up by many Internet users, irritated by the vote, at dawn Thursday morning, of the bill transforming the health pass into a vaccination pass. “The deputies say: I’m passing a law that won’t apply to me. In this case, can citizens answer them: I do not apply a law that you have passed ? “, For example Hélène is indignant.
“That the health pass as a vaccine does not apply to the National Assembly and the Senate (…). Two weights two measures and he hopes to see the French with two fingers on the seam of the pants, to attention lol (sic) not even in a dream, ”plague Jacky. “The joke (in bad taste) of the day: the vaccination pass will not apply to the National Assembly and the Senate because several parliamentarians are not vaccinated …”, also criticizes Nicolas Meilhan, specialist in the economy.
In their viewfinder, a small amendment, number 226, registered among hundreds of others, which was not voted on Wednesday evening. It was tabled and presented by the LREM deputy of the 7th district of Hauts-de-Seine, Jacques Marilossian. This aimed to extend the obligation to present the vaccine pass to anyone wishing to access the National Assembly and the Senate. “It is a question of underlining the issue of coherence and exemplarity which obliges us all on these benches”, justified the elected official on the platform. Without arousing enthusiasm. His text was finally rejected by the government and the deputies. Small exception: parliamentary restaurants and Assembly bars, already subject to the health pass, should also be subject to the vaccination pass.
An unconstitutional decision?
If this text was not retained, it is in particular because some parliamentarians are not vaccinated, as explained by the LREM deputy of Pas-de-Calais, Jean-Pierre Pont, rapporteur of the committee on constitutional laws , legislation and general administration of the Republic. “Should we forbid them access to the hemicycle and to the deliberation?” Because let us be clear, that would be the consequence of this amendment if we adopted it. Even if I deplore the speeches in question (of the unvaccinated), I do not forget that these deputies also represent the people, including the 5 million unvaccinated people. This is why the constitutionality of the device presented in this amendment seems very fragile to me. “
It is indeed the fear of a catching up by the Constitutional Council which was able to slow down the vote of the deputies, because, some fear, of an “attack on democracy”. The elected officials whom we contacted evoke the “free exercise of the parliamentary mandate” and therefore the access to the debate and to the vote, guaranteed by a decision of the constitutional judges of 2008. “It is a pity because I was in favor, regrets the LR deputy for Oise, Maxime Minot. This amendment might have been symbolic. In the Republicans, I know only one deputy out of the 105 who is not vaccinated. It’s amazing to see MPs not vaccinated. “
The hemicycles in theory not the only ones exempted
Among those resistant to injection once morest Covid-19, we also find Martine Wonner. The Alsatian sanitary pass “did not feel worried” because, she indicates, she received “a certificate of recovery. No need for a pass, we’re sick, we’re not coming. Point ”.
Disappointed but not resigned, Jacques Marilossian, at the origin of this amendment, tells us that he wanted to “give it a shot, let the Constitutional Council give its opinion rather than anticipate it”.
This debate is not new. Last July, already, the president of the Palais Bourbon had explained that the health pass might not apply to the hemicycle because it would not pass “the control of the Constitutional Council”. The Hauts-de-Seine senator (LREM), Xavier Iacovelli, had also tried to include this amendment in law. Before experiencing the same refusal.
The parliamentary chambers are not the only places that should be free from any vaccination pass. As mentioned in a decree, places of worship and everyday public transport, such as the metro, the RER and the tram, are protected, via fundamental texts, by the freedom of worship and the freedom to come and go.
As far as events are concerned, they are also exempt. In theory. “The right to demonstrate is recognized in case law by the Constitutional Council under the name right of collective expression of ideas and opinions and the European Convention on Human Rights is very clear on this subject ”, explained in October to Le Figaro Benjamin Morel, lecturer in public law at the University of Paris-II. A right which can however evolve for reasons of public health (or security). “The proportionality criterion also takes into account the current health situation and the risks of the virus spreading”, added the professor.