“Caregiver, 25-year career, suspended without pay with a ban on living. This is the message written on the back of the blouse of a weeping woman sitting in the front row of the courtroom of the Mulhouse judicial court on Friday morning. They are about twenty inside listening to the pleadings of the two lawyers, Mr.e Chamy and Me Pierre, while a hundred people wait, in music, outside the court. The Mulhouse summary judge, Philippe Babo, examined, this Friday, the collective action of 207 plaintiffs, mostly nursing staff, who dispute the vaccination obligation imposed for the exercise of their profession.
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The courts of Colmar, a week earlier, and Épinal, Wednesday, may have declared themselves incompetent, considering that the case falls under administrative justice, Mr.e Chamy defends the role of guarantor of the individual freedom of the judicial judge. The Mulhouse lawyer, who carries all the appeals filed by more than 400 people throughout eastern France, recalls the supremacy of international treaties, above the Constitution.
Me André Chamy develops “why consent is inalienable”. He underlines that “all the treaties recall that for experimental treatments, the free and informed consent of the person is necessary. The Minister of Health Olivier Véran lies when he says that the vaccines are no longer in phase 3, therefore experimental ”, the lawyer from Mulhouse loses his temper, citing European regulations according to which“ no government can exert economic pressure , financial, discriminatory ”to force a person to be vaccinated.
“Confirm Colmar or analyze the term consent”
“When we deprive a professional of his salary, of the possibility of exercising his job, when his career is broken, how can we qualify that except that it is a pressure prohibited by European texts. It is a serious attack committed against democracy. Without consent, I am only a simple slave … You have two choices: follow the decisions of Épinal and Colmar or look and analyze once again the word which becomes the bible of my memory: consent ”, concludes Me Chamy.
“We are not here for a political platform but to speak the law”, replies Me Pierre according to whom, “far from discussing the substance, the action of my colleague is badly directed”. “The judicial judge, in matters of contesting the law or a regulation, is not competent, with some exceptions. However, the three cumulative conditions are not met, ”argues Alban Pierre. The Mulhouse lawyer therefore invites the interim judge to do the same as his counterparts in Colmar and Épinal and to declare himself incompetent.
The decision will be made on December 10.
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