The federal and state governments want to end the corona pandemic with a uniform approach. There are many complaints against this. However, the Federal Constitutional Court does not consider the violation of the exit restrictions to be urgent.
Karlsruhe (dpa) – The Federal Constitutional Court has dismissed urgent motions against nighttime exit restrictions in the course of the Corona emergency brake. “It has not been decided that the exit restriction is compatible with the Basic Law,” the Karlsruhe court said Wednesday.
This question must be resolved in the main proceedings. Several plaintiffs had requested the court by order to temporarily suspend the nightly exit restriction (Az.: Ao 1 BvR 781/21).
The legislator sees the exit restriction as a means of limiting private meetings that have so far taken place in the evenings, including in private rooms. “It serves a fundamentally legitimate purpose,” the decision said. Nonetheless, the judges ruled that there was a dispute among experts as to whether the overnight exit restriction was appropriate to achieve the goal. However, there is no “obvious inappropriateness of such exit restrictions”.
“The nighttime exit restriction has a major impact on living conditions,” the report says. The consequences affected almost all areas of private, family and social contacts, as well as the scheduling of working hours. However, it falls during a period when activities outside an apartment or accommodation “do not have a very high quantitative significance”. Overall, the judges believe that the disadvantages of effective protection against infection would outweigh the disadvantages if the regulation were to be suspended.
A week and a half ago, the nationally binding rules for stricter corona measures came into effect. In provinces that have exceeded an incidence of seven days of 100 during three days, then, among other things, exit restrictions apply between 10 p.m. and 5 a.m. With Germany-wide uniform regulations, politicians want to prevent a patchwork quilt in the federal states and control the spread of the corona virus.
More than 250 cases against the tightened Infection Protection Act have already been filed with Germany’s highest constitutional court. According to earlier statements by a spokesperson, some are directed against the whole package, others only against individual points. Among the plaintiffs are lawyers, but also politicians, for example from the Bundestag.
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