She wanted the Federal Constitutional Court to override all of the corona rules: lawyer Beate Bahner failed so badly – and now no longer wants to work as a lawyer.
The Federal Constitutional Court has rejected Heidelberg’s urgent application for the Corona rules in Germany. It is not permitted. This decision (1 BvQ 26/20) is a clapper for the lawyer, who speaks of “horrible lies stories” and “Coronoia” in connection with the corona virus and has called the restrictions the “biggest legal scandal” in the history of the Federal Republic.
According to the decision of the 1st Chamber of the First Senate, also known as the “Basic Rights Senate”, Bahner’s drastically formulated urgent application did not meet various requirements for admissibility: Bahner could not go directly to the Federal Constitutional Court and skip the state level in order to “apply the corona rules in all To have the federal states put out of action until the decision is taken. Nor did it explain why it is not suing at the level of the countries that have adopted the corona rules.
Impact not carried out
Another decision by the court on Friday shows what that means: The Karlsruhe court ruled (1 BvQ 28/20) that Easter services remain prohibited in Hesse due to the corona pandemic, but with every renewal it has to be checked strictly whether the ban is still proportionate. The plaintiff had previously moved to the Hessian Administrative Court and had been unsuccessful there. He also made it clear why, as a devout Catholic, it hits him hard not to be able to attend a Holy Mass.
Not so Beate Bahner in her urgent application: she just wanted to overturn all corona rules across Germany without explaining how she is specifically affected by the corresponding restrictions. She should have explained that, the court said. It cites examples of regulations where this might not be the case: school and daycare closures, measures for incoming and return travelers or the regulations for initial reception facilities.
Bahner’s comments on the court’s request to have a demonstration against the protective measures preventively declared admissible become embarrassing. She did not provide any details about her call and did not explain what dimensions this could have with which participants: “A constitutional review is not possible on this basis.” And here, too, Bahner would have had to turn to lower courts, according to the Federal Constitutional Court.
Beate Bahner: “Couldn’t save rule of law from tyranny”
As a reaction on her homepage, Bahner announced that she had “unfortunately not been able to save the rule of law and the liberal-democratic basic order in Germany (…) from the worst global attack and the lightning-fast establishment of the most inhuman tyranny that the world has ever seen. “
She had formulated it just as drastically before. On Friday, she was also criticized on social networks for comparing the isolation of old and sick people with the “outrageous persecution and murder of Jews and other groups in the Third Reich”.
Investigation of calls on the homepage
Your homepage was available again on Friday. Provider 1 & 1 Ionos had removed them from the network on Thursday at the request of the police. Investigations are also underway against Bahner. The background to this is that in its applications and statements, it also called on people to go to nationwide demonstrations and to register demonstrations themselves. In addition, she had asked that the rules be ignored as resistance.
According to the subpoena issued by the police, which Bahner has published, the allegation of the public request to commit criminal offenses has been made. The authorities saw switching off their side as a step towards “eliminating the existing disturbance to public security”.
This procedure also caused misunderstanding. Critics see this as an attack on freedom of expression. Berlin law professor Niko Härting said to t-online.de that it must be possible to exaggerate or hysterically comment on the serious interference with fundamental rights.
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