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 |
March 3. 2023. | Arrêt n° 00178 | Constitutional Court of Luxembourg | Right to privacy | The Constitutional Court of Luxembourg held that mandatory mask wearing with reasonable medical exemptions was constitutional during the public health emergency. | Mandatory mask wearing was ordered in Luxembourg, but exceptions were provided on medical grounds and for such public places, where at least two meters were left between the persons. A woman refused to wear a mask in an airplane, where proper distance could not be kept. A criminal investigation was opened against her, and she contested the constitutionality of the mandatory mask wearing rule, which meant in her view a violation of right to privacy. The criminal judge suspended the proceeding and turned to the Constitutional Court with a request for preliminary ruling. The Constitutional Court held, that mandatory mask wearing served an important social purpose, and meant a strong necessity during the public health emergency, while reasonable medical exceptions were also provided. Therefore, the impugned regulation was constitutional. | https://www.stradalex.lu/fr/slu_src_publ_leg_mema/toc/leg_lu_mema_202303_114/doc/mema_etat-leg-acc-2023-03-03-a114-jo | |||
November 25. 2022. | Arrêt n° 00172 | Constitutional Court of Luxembourg | Right to privacy; right to equality; discrimination | The Constitutional Court of Luxembourg held that the exclusion of those persons from certain public places, who have not been vaccinated, did not wear a mask or did not have a negative Covid-19 test was constitutional. | The regulation excluded those persons from several public places, who have not been vaccinated, did not wear a mask, or did not have a negative Covid-19 test. A criminal proceeding was opened against a person allegedly violating these rules, who contested the constitutionality of the applicable regulation on the ground of the violation of right to equality and right to privacy. The criminal judge suspended the proceeding and turned to the Constitutional Court with a request for preliminary ruling. The Constitutional Court held, that the contested differentiation was reasonable during the public health emergency, therefore, it confirmed the constitutionality of the impugned regulation. | https://www.stradalex.lu/fr/slu_src_publ_leg_mema/toc/leg_lu_mema_202212_605/doc/mema_etat-leg-acc-2022-11-25-a605-jo | |||
September 30. 2022. | Arrêt n° 00170 | Constitutional Court of Luxembourg | Freedom of movement; freedom of assembly | The Constitutional Court of Luxembourg held that the public health restrictions ordered for combatting the Covid-19 pandemic were constitutional. | In a criminal proceeding, the defendant contested the constitutionality of various public health restrictions, such as mandatory mask wearing, distance keeping and limited number of participants in gatherings. The criminal judge suspended the proceeding and referred a request for preliminary ruling to the Constitutional Court concerning the constitutionality of the impugned measures. The Constitutional Court held that the authorities made a proper balance between the competing rights and interests, the impugned measures were necessary and proportionate to combat the virus, therefore, the constitutionality of the public health restrictions were confirmed. | https://www.stradalex.lu/fr/slu_src_publ_leg_mema/document/mema_etat-leg-acc-2022-09-30-a509-jo?access_token=2aed733b3c31e3ed22813bd163041f49be5fc886 |