Czech Supreme Court Abolishes Mask Obligation. What Happens Now?

The Supreme Administrative Court of the Czech Republic ruled on Tuesday that the government’s measure obliging people to wear FFP2 masks in indoor areas is not justified.

The court abolished the measure but the ruling will enter into force in three days, giving the health ministry time to react and provide sufficient justification for this measure.

If the ministry fails to do so, the obligation to wear masks in public transport, hospitals or public buildings will be annulled. The ministry immediately said it will respect the ruling and put measures in order.

The court in its ruling pointed out that the ministry had been so far “systematically ignoring” the court’s decisions and causing “legal uncertainty.”

Moreover, the court emphasized that all these unnecessary law disputes are costly and even cause congestion of courts.

In February 2021, the Prague Municipal Court ruled that the order to wear face-masks to stop the spread of coronavirus was not in violation of fundamental rights and freedoms.

The court also stated that such an order did not require the approval of the government, and can be directly ordered by the Ministry of Health during a state of emergency.

Lawyer Adam Černý filed the motion of annulment in November 2020, arguing that the order to wear face-masks was illegal, as the Ministry of Health did not have the authority to issue this order.