The Ministry of Public Health comments on the decision of the judge of urgent matters: We did not inform him according to the rules

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The media office of the Ministry of Public Health issued the following statement: “A decision issued by the Judge of Urgent Matters in Beirut regarding the obligation of the Ministry to vaccinate a citizen was published on social media sites, although the Ministry of Public Health did not inform according to the rules of this decision, which seems to be hasty to publish it. Bidding, the following remarks are made:

First – The aforementioned decision was issued pursuant to an order on a petition without consulting the Ministry of Health or its position in this regard. This is contrary to the simplest rules of litigation, especially with regard to the state and its administrations. This decision can be considered illegal, as it is not possible to impose a coercive fine on the state, and it is a composite decision with a media background.

Second – The issued decision is a flagrant violation of the principle of separation of powers upon which the Lebanese parliamentary system is based, especially as it was issued by a non-competent civil judge while the jurisdiction reverts to the administrative judiciary, and the theory on which the decision was based to implement its jurisdiction falls outside its proper legal position.

Third – In the facts, and according to the national plan that depends on the criteria of the age group and the date of registration, the sick case, it was found that the petitioner still has a limited time before determining the date of his vaccination, given that he was registered on February 14 or 25 thereof (two similar names on the platform).

Fourth – If the decision is based on the text of Article 579 of the Code of Civil Procedure, it is unlawful, so do not violate the rights of the concerned person who will be vaccinated sooner or later, especially since the Ministry of Public Health adopts the national platform for coordination with the central inspection to enhance transparency and control.

While the Ministry of Public Health confirms that it continues to implement the national plan for vaccination, bypassing some technical obstacles and the accumulation of confusion and skepticism, it expects partner public authorities and administrations to support them in bearing this national responsibility, especially since most countries with advanced capabilities face many difficulties in this field.

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