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Court rejects appeal against pandemic prevention measures – The rationale behind the decision

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Court rejects appeal against pandemic prevention measures - The rationale behind the decision

By decision of the President of the District Court of Nicosia dated January 24, 2022, a new interim application of 64 citizens of the Republic was rejected in its entirety, challenging the legality of decrees forbidding entry inside and outside, without holding a certificate of integrated form.

Typically, the Court, accepting the positions of the Attorney General, stressed that the disputed measures, based on the relevant Decree of the Minister of Health, are intended to protect citizens as a whole, which is a supreme duty of the State and is not considered reasonable and possible. because a small number of citizens want not to observe them, to endanger the health and life of the rest of the population.

In addition, the Court emphasizes in its judgment that the effectiveness of the requested decree is not solely concerned with safeguarding and protecting the allegedly violated rights or interests of applicants, but has a direct impact on the rights of the entire population, such as the consequences of untimely identification. Covid-19 cases and the non-detection of close contacts of confirmed cases, resulting in uncontrolled spread of the disease in a large part of the population. As the Court characteristically states, “in case of issuance of the requested decree, there is a risk that the disease will remain uncontrollable, with adverse consequences on the collective health.”

The Court also adds that the current situation requires compliance with the measures, as recommended by international organizations and the team of experts evaluating the epidemiological data in the Republic, therefore each relevant Decree of the Minister of Health has short-term effect, so that to sometimes take into account the reality regarding the development or reduction of Covid-19 disease and not to take measures disproportionate to what is necessary to reduce the disease.

Finally, it is noted that the Court accepted the position of the Advocate General and identified procedural issues of rejection, such as the fact that the applicants were not entitled to appeal together and to file a public action.

The Court ordered the applicants to pay the costs of the application.

The Attorney General was represented in the Court by the lawyers Mr. Theano Mavromoustaki, Senior Lawyer of the Republic, Elli Florentzou, Lawyer of the Republic A ', Marianna Tsagari, Lawyer of the Republic and Penelope Charalambous, Lawyer of the Republic.

Hadjipandela (Ministry of Health): Today with epidemiologists and maybe tomorrow the ministerial test to stay for Hospitals, Police, Fire Brigade, Teachers (audio)

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Source: politis.com.cy

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