On Monday, the Tallinn Administration Court heard Varro Vooglaid’s case against Republic of Estonia, in which he challenged Estonia’s requirement for a coronavirus certificate as a condition for exercising one’s fundamental rights.
“Today is the first and only meeting in this case that was very much us asking the questions and the state refusing to answer,” Vooglaid’s defense adviser Paul Keres remarked. The court will issue its decision on June 27.
The argument, according to Keres, is over whether persons who have been vaccinated and those who have not been vaccinated but have recovered from Covid should be treated differently than the administration did in its instructions. “Those who were vaccinated received a lengthy Covid certificate, yet those who had healed but refused to be inoculated received a considerably shorter one. We used a bunch of content to show that this was a case of unfair discrimination. Because the only difference between the two groups is that someone who has recovered are more resistant to illness than those that have been inoculated “Keres shared his story with ERR. “The government has made no remark on this issue and has refused to open a dialogue,” he continued.
The tribunal also heard arguments about whether the demand for a Covid certificate was permissible in first place. “The question is whether NETS (the Transmittable Diseases Prevention and Treatment Act – ed.) provisions allowing the state to require certifications are constitutional. Whether the Riigikogu has granted the power to the government with NETS is a question that needs to be answered “Keres made a suggestion. “While we live in a representative system, the Riigikogu has given over its decision-making power to the government. This means that almost all decisions affecting basic rights must be taken by parliament and cannot be delegated.”
The fact that coronavirus certifications and all other restrictions have been revoked has no influence on the matter, according to the attorney. “We can read stories that promise that they (proof – ed.) will come in the fall. The case has a strong deterrent effect. While the NETS will be changed, little will alter in the big picture. The government’s powers are unaffected, and no new restrictions are imposed. In its review of the new NETS, the Supreme Court stated as much. In administration court, we made the same arguments. Our goal is to prevent the government from issuing arbitrary and discriminatory coronavirus certificate rules “he stated
The lawyer acknowledged that the matter is intricate and comprised of numerous issues. “The issue of constitutionality is crucial from the standpoint of the rule of law. The kind of powers granted to the government by the NETS law have never been upheld in recent constitutional review practice.”
Vooglaid is requesting that the government directive no. 305 be completely revoked as of August 23, 2021. Sworn lawyer Paul Keres and lawyer Joonas Pder of the law company LEVIN are representing him.
Varro Vooglaid is one of the Organization for the Defense of the Family and Tradition’s founders and president (SAPTK).