The courts have not yet finished with the Peter Freitag-Jean-Marie Jacoby duo. And the latter has not yet finished with the courts either. The next episode of their legal battle will take place before the Constitutional Court, since although they have been acquitted of one offence, the others are still pending, awaiting answers to preliminary questions.

Freitag and Jacoby were early challengers of the health measures and the various covid laws during the pandemic. They were among the instigators of numerous demonstrations, notably the Polonaises solidaires. And they have never complied with rules they consider illegal. However, following police findings, the public prosecutor obtained a referral to the police court, part of the justice of the peace, to face charges for a series of offences.

The two men were first charged with using sound equipment in Luxembourg, notably on the Place d'Armes, in September and October 2021, for the broadcasting of music and the amplification of speeches. In a judgment of no less than 20 pages, the court acquitted them. It noted that no complaints had been registered, that the inconvenience to passers-by, customers, shopkeepers or catering establishments had been minimal, that the streets were sometimes almost empty because of the weather... A ban on the sound installation appeared unnecessary and not proportionate. "Consequently, in the particular context of the events that were organised, articles 21 and 22 of the police regulations of the City of Luxembourg were contrary to articles 24 and 25 of the Constitution," the court stated.

That leaves a series of five other offences targeting Freitag and/or Jacoby, for consuming alcohol on a public highway, failing to respect the curfew, and failing to wear a mask and/or social distancing. The cases were brought as one, and after a three-hour hearing, the court handed down a 46-page judgement... which suspends public action pending answers from the Constitutional Court.

The court, before proceeding further, wants to know whether the various articles of the covid law that Freitag, Jacoby or both are alleged to have violated conform with articles of the Constitution that guarantee the natural rights of the person, individual freedom, freedom of expression or the protection of privacy.

The court is also questioning the constitutionality of an article of the covid law, valid from 16 to 23 January 2021, which imposed social distancing for participants of demonstrations between 11 and 100 people, but not above 100 people.

Answers are not expected for several weeks.

This article was and has been edited and translated by Delano