The Council of State largely ratifies decrees imposing the general wearing of masks in Strasbourg and Lyon

The Council of State largely ratified on Sunday prefectural decrees imposing the general wearing of masks in Strasbourg, 12 other towns in the Bas-Rhin as well as in Lyon and Villeurbanne, according to orders sent to the press.

In first instance, administrative justice, seized by two Alsatian hospital practitioners and by the Lyon association “The Essentialists Auvergne-Rhône-Alpes“, Had ordered Thursday to the prefecture of Bas-Rhin and Friday to the prefecture of the Rhône to issue a new decree to limit the obligation to wear the mask to places and times particularly frequented.

Seized on appeal by the Minister of Health Olivier Véran, the summary judge of the Council of State estimated Sunday that it is “justified that the wearing of the mask be imposed in perimeters large enough to coherently encompass the areas at risk (…) so that this obligation is coherent and easy to apply for citizens». «However, these extended perimeters must be delimited – and be justified – by the existence of several areas with a high risk of contamination.“, Further specifies the institution in a press release.

Thus, the judge in summary proceedings asked the prefect of Bas-Rhin to limit this obligation to the city center in certain less dense municipalities and the prefect of the Rhône to exclude from this constraint people practicing physical or sports activities.

The government’s desire for a “standards»Systematic wearing of a mask

For the Council of State, “the simplicity and legibility of an obligation, such as that of wearing the mask, are necessary for its good knowledge and its correct application by the inhabitants“, Even if it is necessary”take into account the constraint»Represented by this wearing of the mask. Likewise, the Council of State rejected the idea of ​​an obligation applicable only at certain times: “schedules can be defined uniformly for an entire municipality or even for an entire department” if necessary. “The prefects of Rhône and Bas-Rhin must modify their decrees before Tuesday, September 8», Orders the Council of State.

During the hearing, Sunday at 11 am, the representative of the State, Charles Touboul, director of legal affairs at the Ministry of Health, pleaded in favor of “intelligible and understandable standard for all“. The lawyer for Alsatian hospital practitioners and the Lyon association, Me Régis Froger, asked him that administrative justice find the “middle ground“While the mask outside”is much less imperative than in a closed environment».


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