27-04-2020

Committee on Petitions

Highlights of this week’s committee meeting

Thursday, 30 April 2020, 10.00 – 12.00

Brussels

Room József Antall (JAN) 2Q2 and via videoconference

Petitions related to COVID-19

(with the remote participation of petitioners)

- Petition 0269/2020, by a British citizen on help to protect the residents and asylum seekers from COVID-19 in the Aegean islands

- Petition 0307/2020, by a German citizen on travel restrictions imposed by the Czech Republic, Poland, Austria and Denmark because of COVID-19

- Petition 0329/2020, by an Italian citizen on empowering the EU to address global challenges, from COVID-19 to social, economic and climate crisis

- Petition 0355/2020, by a Spanish citizen on the coronavirus crisis

Remote votes

- Opinion on Recommendations on the negotiations for a new partnership with the United Kingdom of Great Britain and Northern Ireland (2020/2023 (INI)), rapporteur Gheorghe Falcă (EPP, RO)

- Draft Motion for a Resolution on additional funding for biomedical research on Myalgic Encephalomyelitis (2020/2580(RSP))

The next PETI meeting is scheduled for 19 May 2020 (tbc).

The full list of petitions and meeting documents will be available here:

https://emeeting.europarl.europa.eu/emeeting/committee/agenda/202004/PETI?meeting=PETI-2020-0430_1P&session=04-30-10-00

NB: In an effort to reduce the spread of the COVID-19 virus, Parliament is reducing the need for physical meetings on its premises, without compromising its role of democratic scrutiny nor its ability to approve the necessary legislative measures to combat the virus and support the public, consumers, businesses and emergency services.

The required social distancing of 1.5 m will be respected on EP premises at all times. Any parliamentary activities, like committee and plenary meetings, which are still taking place will be web-streamed and can be followed by the media without requiring their physical presence on EP premises. MEPs, Commissioners and Council representatives will be able to participate remotely.

Link to the full press release: https://curia.europa.eu/jcms/upload/docs/application/pdf/2020-04/cp200051en.pdf

Languages: bg es cs da de et el en fr hr it lv lt hu mt nl pl pt ro sk sl fi sv

Court of Justice of the European Union PRESS RELEASE No 51/20 Luxembourg, 27 April 2020
 
Continuity of the European public administration of justice: the Court of Justice of the European Union provides for hearings to resume from 25 May 2020
 
In accordance with the lockdown measures adopted by the public authorities of Luxembourg and its neighbouring countries, the institution has, since 16 March 2020, established a modus operandi based on the widespread working from home, the primary objective being to protect people’s health and to contribute to combating the pandemic.
Thanks to adjustments to its internal organisation and the use of remote working technologies, the institution has ensured that its judicial activities could continue, with 106 cases disposed of and 29 Opinions delivered since 16 March. In view of the restrictions on movement applicable both in Luxembourg and in the majority of the Member States, hearings at the Court of Justice and at the General Court have nevertheless had to be postponed.
In the light of the health measures and scenarios for the resumption of activities adopted by the public authorities, particularly in Luxembourg, the institution’s modus operandi will change with effect from 25 May 2020.
The widespread working from home will continue in principle. That decision is in line with the recommendation of the authorities of the host State which consists, in the case of administrations and undertakings, in promoting teleworking throughout the period of emergence from lockdown. It also takes into consideration the high level of activity that can currently be carried out remotely.
Furthermore, if conditions allow, it has been decided that hearings may once again be held during the period from 25 May to 15 July 2020.
This resumption of hearings will be accompanied by the introduction of hygiene and social distancing protocols to ensure that the health of everyone involved in the organisation and conduct of hearings is protected. In particular, the representatives of the parties concerned will receive detailed explanations from the registries of the two Courts.
The Court is thus adapting with care to developments relating to the coronavirus pandemic. With the anticipated resumption of hearings, it is taking the necessary steps to ensure full continuity in the public service offered to European litigants, whilst protecting its staff and contributing to the public health objectives of the fight against the pandemic.
 

As a citizen of the Slovak Republic, I am monitoring with understanding the steps of the government, which seek to minimize the negative impact of the COVID-19 pandemic on the citizens of this country. However, as a Public Defender of Rights, I have to express some concerns regarding the constitutional legality of some of the measures that have been adopted recently.
I mean not only the form of the adopted measures, but also the extent of limitation on the exercise of the fundamental rights and freedoms of certain groups of citizens of the Slovak Republic and the possible imposition of sanctions for violations of the adopted restrictions.
On 25 April 2020 the Public Health Authority adopted a measure relating to the prohibition to enter for all persons over 65 years of age to the outlets from Monday to Friday at the time from 9:00 am until 11:00. At other time or other days is not for them enabling to supply these services.
In addition, non-compliance with the provisions of this measure is defined as a tort pursuant to Section 57, paragraph 33(a) of the Act Number 355/2007 Collection of Laws. Compliance with the rules is monitored by the regional offices of the Public Health Authority which is competent to fine up to 20 000 € pursuant to Section 57, paragraph 41(a) of the Act number 355/2007 collection of Laws.
The relevant question is whether in times of emergency the fundamental rights and freedoms can be restricted by the Slovak government in terms of constitutional law and also by a budgetary organization, which is the Public Health Authority. This raises the question of whether the Public Health Authority according to measure of 21 April 2020 also restricted our fundamental rights and freedoms (specifically freedom of movement) in an acceptable way.
The acceptable way in context of principle of maintaining proportionality, which includes the requirement of suitability / adequacy of the intervention (adequacy in term of able to achieve the desired goal) and the necessity of intervention.
Legislation must be in accordance with respect for fundamental rights. Therefore, if there is another legislation which achieves the same objective with less interference with the law, it is necessary to apply such an arrangement.
I am therefore convinced that the measure of the Public Health Authority of 21 April 2020 exceeds the permissible limits and absent the requirements of proportionality. This measure is inapplicable, and consequently unenforceable against individuals.

This conclusion is evident when we answer the questions: Who and how will be entitled to control the
actual age of persons entering to the outlets? On the basis of what data will the regional office of the
Public Health Authority impose sanctions? What should do working retirees who are and must be at a
limited time in the workplace (e.g. doctors)? What is the point of an absolute ban of visiting outlets on
Saturdays and Sundays for people over the age of 65?
As the Public Defender of Rights, I urge the Government of the Slovak Republic to start to act in this
matter as soon as possible. I suggest to the government to consider the constitutionality, necessity and
appropriateness certain adopted measures during the COVID-19 pandemic.