Constitutional Council: Narrow door appeal

Jean Mizrahi, Polytechnicien, company director, former senior civil servant has submitted an appeal against the vaccination pass to the Constitutional Council. You must read this document with its implacable legal arguments!
The Constitution limits to only a few people the right to refer a matter to the Constitutional Council in order to have it review the constitutionality of a law before its promulgation. Called “external contribution” or “narrow door” (expression used by Doyen Vedel in 1991) it is an informal document by which any citizen can submit to it in an unofficial, but nevertheless public, way a reasoned note aiming at defending or criticizing the text voted by the Parliament.

Eight Point Argument

This is the “narrow” path used by Jean Mizrahi who presents an eight-point argument.

1. The current situation is no longer exceptional, so it does not justify an obstacle to the normal functioning of French society, and even less a questioning of the principles defended by the Constitution.
2. The vaccine pass has no value in terms of health (the vaccine does not limit the circulation of the virus, it could even be a factor of acceleration).
3. This project hijacks the laws in force that protect the patient (Data from the WHO and the European Medicines Agency show that vaccination against SARS-CoV2 generates abnormal side effects). Data from the WHO and the European Medicines Agency show that vaccination against SARS-CoV2 causes abnormal adverse events.
4. The government’s project, by forcing citizens to vaccinate in a roundabout way, violates the precautionary principle provided for in Article 5 of the Charter of the Environment of 2004.
5. The bill violates Article 5 and Article 11 of the Preamble of the Constitution of 27 October 1946.
6. The bill violates Article 4 of the Declaration of the Rights of Man and of the Citizen of 26 August 1789.
7. The bill violates Article 5 of the Declaration of the Rights of Man and of the Citizen of 26 August 1789.
8. More fundamentally, the bill violates Article 1 of the Declaration of the Rights of Man and of the Citizen of August 26, 1789 concerning the equal rights of citizens.
   

   The Declaration of Human Rights

   Jean Mizrahi concludes that this bill “introduces discriminatory measures that are proportionate neither to the real health situation in the country, nor to any nuisance caused by citizens who are not vaccinated. To introduce a vaccination passport prohibiting access to many places of everyday life and to means of transport essential to both private life and professional practice would be to record, even for a limited period, that it is legally possible to deprive certain citizens of their rights for a long time without them having in any way infringed the laws in force or even caused a nuisance to other citizens. It is also a disproportionate approach to the reality of this epidemic, which is not as serious as it could have been in 2020 and early 2021.

   For all these reasons explained in the present appeal, the Constitutional Council will reject the government’s project, so as not to call into question the great principles that underpin our Constitution, in particular the Declaration of the Rights of Man and of the Citizen of 1789. ”

Recourse Porte Etroite with annexes