The corona crisis is completely changing public life in Germany. Is there even a curfew – as in Italy, Spain and France? What the laws regulate – and what doesn’t.
- Corona crisis: Italy, France, Spain and Belgium Curfews prescribed.
- In Germany there is because of the Corona virus* so far none Curfew for the citizens.
- Why one Curfew would be difficult to implement politically and legally in this country.
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Munich – Italy, France, Spain and Belgium – all of them have now imposed them: the Curfew. In the Corona crisis In particular, this means is intended to help the spread of the Coronavirus pandemic contain.
Corona crisis in Germany: Bavaria has declared a disaster
For many citizens, it can not only be observed on social media, the term curfew alone means uncertainty. State of emergency in Germany because of Corona after Bavaria has already declared the disaster?
“A formal Curfew there won’t be, but everyone should think again about what makes sense. Care is important, of course, but we must now do everything we can to prevent the bad outbreak. Nobody can give a guarantee that it will work, but it is the only effective measure, ”said the Bavarian Prime Minister Markus Söder in an interview with the ARD daily topics with the note “that this can change day by day”.
On Wednesday evening (March 18th, 2020) Angela Merkel wants to address the citizens in a TV address and ask them to participate in the measures.
“There is no curfew per se in Germany”
But what would one Curfew mean for the Germans? And what are the legal and political hurdles?
“A Curfew in itself there is in Germany Not. In my opinion, there is no legal regulation for this, ”explains a high-ranking lawyer in an interview with the Ippen Digital Central Editorial Office: “Should it be in Germany come as far – as now in France – then the federal government could / would have to enact a corresponding law. Or a regulation that should also be sufficient. “
Video: Police control dissolves party groups in Munich
Corona virus in Germany: There is no law for a curfew
Specifically, this means that the Bundestag and Bundesrat would have to pass a corresponding law in the urgent procedure in which one Curfew would be regulated and defined in detail.
That is during the Corona pandemic* Admittedly difficult because there is a ban on meetings of over 100 people everywhere in the Federal Republic.
Corona crisis: vote
Because of the corona crisis: an empty subway in Munich.
© picture alliance / dpa / Matthias Balk
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How heidelberg24.de* writes, there is at least one so-called No exit, also no exit called. This prohibition stipulates that citizens should no longer be allowed to leave their house or apartment.
Which legal extreme scenarios exist without formal legal ones Curfew yet? Paragraph 35 of the Basic Law, the German constitution, regulates the “maintenance or restoration of public security or order” in the event of natural disasters and particularly serious accidents.
Corona curfew: Bundeswehr in German cities?
The paragraph states, among other things, that in addition to the state police, the federal police and the armed forces can be used domestically – since the horrors of the Third Reich, the latter scenario is in Germany particularly delicate.
Not intended for domestic use (actually): the German Bundeswehr.
© picture alliance / dpa / Marcel Kusch
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“If the natural disaster or accident threatens the area of more than one country, the Federal Government (…) can use units of the Federal Border Guard and the armed forces to support the police forces”, it says in paragraph 3, paragraph 35.
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The corona crisis presents Germany with legal challenges
In France and Belgium The military has been helping to fight and counter terrorism in cities for years, Spain has in the Corona crisis just mobilized 11,000 soldiers to support the emergency services. For the Germans, army vehicles in their streets would be a completely new picture.
But whether this with a Curfew would go hand in hand, would first have to be legally and legally clarified. Like so much in times of Corona virus.
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* heidelberg24.de and merkur.de are part of the nationwide Ippen-Digital editors network
List of rubric lists: © picture alliance / dpa / Helmut Fohringer
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