Court ruling allows return of unvaxxed health workers

Court ruling allows return of unvaxxed health workers

The Council of State has paved the way for unvaccinated health workers to return to work after ruling that the extension until the end of the year of their mandatory inoculation is unconstitutional.

The top administrative court, to which the union representing public hospital staff (POEDIN) had appealed, ruled that the regulation extending the mandatory vaccination of health workers until the end of the year is unconstitutional, because the authorities should have, as specified, re-evaluated the necessity of the measure. It also annulled the ministerial decision that determined the procedure for the recruitment of temporary staff. 

The CoS took into account previous decisions of the plenary session which had deemed that measures taken to protect public health against Covid-19 must be periodically reviewed by the competent state bodies depending on the existing epidemiological data and the evolution of valid scientific assumptions. 

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