27/10/22

Covid-19: measures to combat the pandemic scaled down once again

Based on the encouraging situation in the Grand Duchy of Luxembourg, with a highly infectious but not very pathogenic variant and a largely immunised population, Parliament has decided to once again relax the law of 17 July 2020 on measures to combat the Covid-19 pandemic (“Covid Law”). The law of 26 October 2022[1] was published yesterday and came into force today (the “Law”). Parliament’s aim is to "keep a Covid-19 law in force but ‘a minima’ until the end of March 2023 while keeping the option of revising the law quickly in the event of the emergence of a more pathogenic variant"[2].

The law’s main provisions are summarised below

  • Isolation period is reduced to four days and isolation orders are still equivalent to a valid medical leave.

This implies that if symptoms persist beyond the 4th day, the patient should contact their doctor for possible treatment and additional medical leave.

  • Certificates of medical contraindication to vaccination by the Health Director are no longer delivered.

However, this may pose certain difficulties when traveling to countries requiring this type of certificate.

  • Covid-19 vaccination certificates are no longer delivered to third-country nationals.

Such certificates are no longer necessary with the abolition of the CovidCheck regime.

  • The obligation to wear a mask in establishments for the elderly, in hospitals, in psycho-geriatric centres and in support and care networks remains.

The goal is to maintain the protection of vulnerable people (elderly people and people with predisposing chronic diseases who often visit hospitals).

  • Provisions relating to forced confinement have been repealed.

This provision, aimed at placing a person infected with Covid-19 in a hospital or any other appropriate place without their consent, had never been applied since the start of the pandemic and is no longer considered proportionate to the epidemiological situation.

The Covid Law, as amended by the new Law, is applicable until 31 March 2023.

The parliamentary proceedings also show that lawmakers, by publishing the Law, also decided to abolish systematic contact tracing. From now on, this will only be applied occasionally in the event of large clusters within a vulnerable population, for example in a care home. Similarly, the Health Directorate should update its test recommendations for the medical profession and the general public, limiting tests to symptomatic people, especially in cases of vulnerability.

Our Employment Law, Pensions & Benefits team is at your disposal to answer any questions you may have.

[1] Law of 26 October 2022 modifying the modified law of 17 July 2020 on measures to combat the Covid-19 pandemic.

[2] Bill of Law n°8077 of 6 October 2022 modifying the modified law of 17 July 2020 on measures to combat the Covid-19 pandemic.  

Author: Raphaëlle Carpentier

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