The Taming of the Czech Executive
On Wednesday, 2/2/2022, the Czech Supreme Administrative Court quashed an executive measure imposing the so-called “2G rule” (geimpft/genesen, i.e. vaccinated/recovered) on selected service providers, most importantly restaurants and hotels. While the vocal opponents of vaccination celebrate the ruling and refer to the judiciary as ‘the last bastion of freedom’, there was some major misrepresentation of what the SAC has (not) established in this very viral judgment. The executive measure under review was not quashed because ‘the state must not force people into voluntary vaccination’, nor because ‘kicking the unvaccinated out of pubs is illegal and must stop’. Since the only legal argument for quashing the measure was the lack of competence of the Ministry of Health, it seems like there was much ado about nothing.
