The Court found that it found justified objections to the deficiencies of the justification of the measure.
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“The measure of 19 October lacks specific, comprehensible and substantiated considerations on the basis of which the court could effectively and responsibly examine whether it is really necessary to insist on the mandatory wearing of respiratory protective equipment to the extent currently set in order to achieve the declared objective,” he said. court in a press release.
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The court emphasized that it did not want to mitigate the threats associated with the epidemic and did not claim that the measures were not necessary or proportionate. However, it lacks their justification as well as the justification for exceptions.
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“The described defects are not purely academic shortcomings – they prevent the court from properly assessing individual objections, questioning the proportionality of the chosen solution,” the court said.
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The Municipal Court in Prague today annulled an extraordinary measure of the Ministry of Health of 19 October, which prohibits movement without drapes inside buildings and outside in municipalities. The measure will be canceled only from 21.11. Until then, the ministry can take new measures, without defects. M.Puci pic.twitter.com/R5zwYM2h8y
– Spokesperson of the Municipal Court in Prague (@MluvciV) November 13, 2020
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According to the court, the ministry only took over the justification from the earlier measures and did not explain why the previous measure was tightened. According to the relevant measure, as of October 21, the wearing of veils due to covid-19 has spread to the outdoor territory of municipalities or to cars.
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Earlier, the administrative court annulled the measures of Prague hygienists to close universities. This verdict had no real impact, as the schools were subsequently closed by a government decision. Even in this case, the court lacked a proper reasoning.
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