Pourquoi le pass sanitaire ne peut pas vous être imposé. On vous explique tout !
Nous avons toujours soutenu que tous les textes liberticides de Macron et ses petits soldats violent les libertés et les droits imprescriptibles de l’Homme. Et contreviennent à de nombreux textes français, européens et internationaux qui consacrent ces droits et ces libertés.
Voir la lettre que nous avons envoyée aux 577 députés le 20 juillet dernier.
Depuis l’allocution surréaliste de Macron le 12 juillet dernier et le vote à la grande Chambre d’enregistrement du gouvernement de la loi du 5 août 2021, nous vivons avec ce que les médias ont baptisé le pass sanitaire.
Au-delà de ces considérations de fond, nos cabinets d’avocats planchent aussi sur la forme de ces textes liberticides pour y trouver des failles.
Dans ce cadre et selon le cabinet d’avocats REACTION19, avec lequel travaille notre syndicat, le pass sanitaire, que le gouvernement et ses petits soldats de l’Assemblée Nationale ont prolongé jusqu’au 31 juillet 2022, n’est pas applicable.
Pour télécharger la note juridique du cabinet REACTION19, cliquez ici.
Pour la faire courte, le Parlement a modifié la loi du 31 mai 2021 en ce qui concerne la durée d’application du pass sanitaire.
La nouvelle date limite possible est le 31 juillet 2022.
Cependant, selon l’article 1er de la loi du 31 mai, le législateur a précisé que :
« À compter du 2 juin 2021 et jusqu’au 31 juillet 2022 inclus, le Premier ministre peut, par décret pris sur le rapport du ministre chargé de la santé, dans l’intérêt de la santé publique, aux seules fins de lutter contre la propagation de l’épidémie de COVID-19 si la situation sanitaire le justifie et au regard de la circulation virale et de ses conséquences sur le système de santé appréciées en tenant compte des indicateurs sanitaires tels que le taux de vaccination, le taux de positivité des tests de dépistage, le taux d’incidence ou le taux de saturation des lits de réanimation (…) ».
Ainsi, il ressort que le décret du 1er juin 2021, dans sa rédaction prise en application de la loi du 31 mai 2021 telle que modifiée par la loi du 5 août 2021, ne respecte plus la loi nouvelle pour apprécier la prorogation du pass sanitaire, jusqu’au 31 juillet 2022.
Ceci est d’autant plus certain que le site « Vie publique.fr » de la République française, mis à jour le 11 novembre 2021, donc après la loi du 10 novembre, affirme ce qui suit :
« Parmi les mesures possibles figure aussi le pass sanitaire, créé par la loi du 31 mai 2021 et étendu depuis août 2021 jusqu’au 15 novembre 2021 à de nombreuses activités de la vie quotidienne (aller au restaurant, au cinéma, prendre le TGV). Le pass sanitaire ne peut être maintenu : « qu’aux seules fins de lutter contre la propagation de l’épidémie de COVID-19. Sur amendement des députés, le gouvernement doit aussi prendre en compte plusieurs indicateurs comme le taux de vaccination, le taux de positivité des tests de dépistage, le taux d’incidence ou le taux de saturation des lits de réanimation ».
Il ressort ainsi de la note rédigée par l’État Français que « parmi les mesures possibles » pour prolonger légalement le « pass-sanitaire » à une date postérieure au 15 novembre dernier, le gouvernement est dans l’obligation absolue de prendre un nouveau décret en application de la loi du 10 novembre 2021 sur la base des nouvelles conditions pour imposer ces mesures restrictives de liberté.
Donc il ressort de manière claire que le « pass-sanitaire » n’est plus en vigueur, compte tenu de la caducité évidente des dispositions contenues dans le décret du 1er juin 2021, qui n’a pas été pris en application de la loi du 10 novembre 2021 qui, elle, autorise, le cas échéant, le Premier Ministre à proroger le « pass sanitaire » au-delà du 15 novembre 2021, mais à de nouvelles conditions sanitaires plus restrictives !
LE « PASS-SANITAIRE » N’EST DONC PAS VALABLE ! CQFD
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