By sudouest.fr with AFP
This obligation has been in force in many departments and agglomerations since the last days of December.
The Council of State ruled on Tuesday, January 11 that the wearing of a protective mask against Covid-19 could only be imposed outside under certain conditions, but that the prefects could delimit large areas so that the rule is understandable .
Seized by an individual, the summary judge rejected a request to suspend the decision by which Prime Minister Jean Castex instructed the prefects to implement the obligation to wear a mask outdoors. This obligation has been in force in many departments and agglomerations since the last days of December.
For the summary judge of the Council of State, these provisions “must be justified by the epidemiological situation observed in the territory”.
“They can only be proportionate if they are limited to places and times of high population circulation that do not allow physical distancing to be ensured and to places where people can congregate, such as markets, gatherings on the road. public or shopping city centers ”, continues the high administrative court.
However “the prefect, when he determines the places and the times of compulsory wearing of the mask in the open air, is entitled to delimit areas large enough for the rule to be understandable and its application consistent”, adds the judge.
“Adapt if necessary”
“The Prime Minister will have to take into account any changes in scientific knowledge to adapt if necessary his instructions to the prefects, or even to put an end to this obligation if the usefulness of wearing a mask is no longer established”, indicates the Council of State. in a press release.
The pressure due to the fifth wave of Covid was further accentuated on the hospital, which has more than 25,000 patients, including nearly 4,000 in critical care, according to figures released Tuesday by Public Health France.
The number of new cases rose to 368,149, a new record.