Status: May 20th, 2021 7:40 p.m.
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The legal restrictions to contain the corona pandemic, which apply nationwide until the end of June, remain in place for the time being. The Federal Constitutional Court rejected urgent motions and a constitutional complaint.
From Gigi Deppe,
ARD legal editors
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The Federal Constitutional Court published four resolutions. Four resolutions dealing with contact restrictions, closed retail, cultural institutions and schools.
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The court rejected all urgent motions and a constitutional complaint against the corona measures. However, it expressly points out that this does not decide whether all these regulations are compatible with the Basic Law. Now the judges would only have weighed up the advantages and disadvantages of the various measures in an urgent procedure.
Restriction of private meetings understandable
As far as the restriction of private gatherings is concerned, the judges point out that there are exceptions for those who have been vaccinated and those who have recovered. Because the elderly relatives could be vaccinated, one could meet with them. And because the children under 14 are excluded from the calculation, everyday life in the families is easier to organize.
In addition, the whole thing is regionally limited, linked to the incidence value of over 100 and only valid until June 30th. Legislators understandably viewed the situation as worrying, especially because of the new virus variants. His assessments have a comprehensible basis. The legislature’s weighing up is initially in order.
Reseller claims rejected
The urgent requests from retailers were also rejected. Here the court again points out that, in the long term, when the main issue is being negotiated, one has to think about equal treatment. It seems plausible that the losses in the clothing, shoe and electronics markets, which are only allowed to sell after registration or testing, are higher than in the shops, which are generally expected to open with a mixed range.
But here, too, the court again cites the counter-argument: the worrying infection situation and the possibility that the health system will be overloaded. Here, too, the judges say again: The legislative considerations are in order.
Frank Bräutigam, ARD legal expert, on the decision of the Federal Constitutional Court on the Corona emergency brake
tagesschau24 6:00 p.m., May 20, 2021
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Application by a student for face-to-face teaching unsuccessful
The other procedures fail more for formal reasons. The youngest applicant – a child attending elementary school – lives in a district where the incidence value is now well below 100. So face-to-face classes can now take place there.
The child was unsuccessful with its urgent application, as it can only assert the violation of its own basic rights and cannot sue on behalf of other children.
Restricted culture complaint failed
The constitutional complaint about closed cultural institutions also fails. The constitutional judges are relatively strict: Those who have turned to the court about this matter would not have given sufficient explanations. For example, you should have written something to ensure that infections among visitors and performers cannot be ruled out – even with good ventilation and a limited number of spectators.
In addition, not everything has been deleted: culture can still be offered on the Internet.
The constitutional judges have thus given the most important measures of the “Federal Emergency Brake” their preliminary blessing. At the beginning of May they had already refused to stop the curfew in a number of urgent decisions.
The Federal Constitutional Court throws down further urgent applications against the federal emergency brake
Gigig Deppe, SWR, 20.5.2021 · 18:56
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