According to Koudelka’s lawyer, the Ministry of Health relies on the Public Health Protection Act, which allows it to impose a ban or order on certain activities to eradicate the epidemic or the danger of its occurrence.
According to Koudelka, however, it is not enough. “There is a constitutional principle that no one should be forced to do what the law does not require. If no law explicitly allows the Ministry of Health to impose an obligation to wear veils, this constitutional principle, which was introduced in response to the totalitarian period until 1989, when a number of obligations were laid down by mere by-laws, is violated, “said constitutional lawyer Zdeněk Koudelka.
The lawyer also points to the illogicality of the regulation. These also apply to regions where the threat of infection is minimal. “Perhaps it is permissible to impose an obligation by individual decision on a specific person with due justification. However, if the ministry imposes an obligation on people only for preventive reasons, when it itself states in its traffic light that, with the exception of Prague and the Karviná district, the territory of Bohemia, Moravia and Silesia has zero or negligible risk of infection, this is incorrect. No state of emergency has been declared, the state is in a normal constitutional regime, “Koudelka concluded in his blog on the Czech Justice website.
Another well-known constitutional lawyer, Jan Kysela, agrees with this opinion. “The legal situation has not changed since the spring. The Ministry of Health is still following the same provisions on the protection of public health. It is very vague, which was criticized in the spring. A special law was prepared, he fell asleep in the Chamber of Deputies, “Kysela told TN.cz.
We also asked the Ministry of Health for an opinion. We are waiting for an opinion.
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