Gabon

Basic information Substance of the ruling  Accessibility of the case and further relevant links
Date Name of the case (or case number)   The body delivering the decision  Keywords, topic Executive part Brief summary Full text Page at the website of the issuing court Page in other databases Unofficial materials, press communications 
31 December 2021 No. 045/CC Constitutional Court Freedom of information Claim upheld The Plaintiffs claimed that a government Order (to adopt preventive measures) which aimed to control the spread of Covid-19 was unconstitutional on the grounds that it breached the principle of the hierarchy of norms and fundamental human rights and public and individual freedoms. The Court quashed the Order. On the merits, the Court first dealt with the alleged unconstitutionality of the Order as it breached the principle of the hierarchy of norms and the fundamental human rights and public and individual freedoms according to the claimants. Regarding violation of the principle of proportionality between the exceptional measures adopted by the Government and the protection of fundamental rights, public and individual freedoms, the Court noted that Art. 7 of law No. 003/2020 stipulated that measures to be adopted must strictly be proportionate to the health catastrophes and appropriate to the circumstances. Considering violation of the principle of res judicata of the decisions of the Constitutional Court, the Court pointed out that under Art. 92 of the Constitution, its decisions were not subject to any recourse. They hold authority over public, administrative, and judicial authorities and all physical and moral persons.     https://www.covid19litigation.org/case-index/gabon-constitutional-court-no-045cc-2021-12-31 https://journal-officiel.ga/18196-045-cc-/
24 December 2021 No. 0043/CC Constitutional Court Vaccination, Right to access to justice Claim upheld The Government of Gabon adopted a Governmental Order to prevent and combat the spread of Covid-19. The Plaintiffs claimed that some articles of the Order were unconstitutional because these articles were discriminatory as they infringed the principle of equality before the law by establishing two categories of citizenship, vaccinated and unvaccinated citizens. The Court quashed the challenged Order. n this law, the legislator defined the methods of intervention of public authorities in the management of these health disasters. From the provision, the Court considered that the legislature had, on one hand, prescribed mandatory formalities to be fulfilled by the Government when taking regulatory acts during exceptional situations of health disasters and, on the other hand, granted the Parliament the power of control and assessment of the measures, which must be strictly proportionate and appropriate to the circumstances . Yet, according to the Court, it was evident that the rules of procedure were not followed. As these rules were of public order, their non-observance led ipso facto to the nullification of the normative act concerned.     https://www.covid19litigation.org/case-index/gabon-constitutional-court-no-0043cc-2021-12-24 https://journal-officiel.ga/18063-0043-cc-/
4 April 2020 No. 019/CC Constitutional Court Property Claim partially upheld Due to the Covid-19 pandemic, the Government of Gabon wanted to make accommodations rent-free, so the Prime Minister petitioned the Constitutional Court seeking an advisory opinion on the temporary adoption of free rent. The Court found that the planned measures conformed with the Constitution and also to make rent free was necessary due to the pandemic.     https://www.covid19litigation.org/case-index/gabon-constitutional-court-no-019cc-2020-04-04 https://journal-officiel.ga/8069-019-cc-/
4 April 2020 Advisory Opinion on Request by the Prime Minister, No.018/CC Constitutional Court Freedom of movement of goods and capital, Healthcare management Advisory Opinion The Prime Minister asked the Constitutional Court for advice on declaring a state of emergency. The Cort found that the Covid-19 pandemic was justified the declaration of a state of emergency.     https://www.covid19litigation.org/case-index/gabon-constitutional-court-advisory-opinion-request-prime-minister-no018cc-2020-04-04 https://journal-officiel.ga/8068-018-cc/
26 March 2020 No. 017/CC Constitutional Court Public gathering, Assembly Claim upheld This case dealt with the organization of the election during Covid-19 pandemic, because a by-election was postponed. On January 7, 2021, the Prime Minister petitioned the Constitutional Court again to authorize the Elections as the Government had made the measures more flexible. This flexibility concerned the movement of persons, goods and services, and the increased number of people during public gatherings. The Court first authorized the postponement of the elections. And then, when the governmental measures to curb the pandemic were made more flexible, it authorized the organization of the elections.     https://www.covid19litigation.org/case-index/gabon-constitutional-court-no-017cc-2020-03-26 https://journal-officiel.ga/4728-017-cc-/