“I won't let Söder lock me up at home,” says lawyer Stephan Vielheimer.
At the same time, he corrects what he sees as a widespread misunderstanding of the Infection Protection Act.
In the fight against
Corona
*, a lawyer shoots against the line of the
Federal Government
of
Chancellor Angela Merkel
*.
He also
does not give
Bavaria's Prime Minister
Markus Söder
* a good report - he particularly resents a “euphemism” to the
CSU *
boss
.
He justifies his criticism in the
world
interview with the
Infection Protection Act
.
Munich - There has been a lot of dispute in the past few days about a
ban on accommodation
and a
general curfew
.
In several federal states, courts have
finally overturned
the
corona measures
.
A Munich lawyer accuses politicians of
"atypical measures"
in the fight against a
second wave of
the pandemic *.
“With the accommodation ban, the state does not prohibit any behavior that it considers
directly
dangerous.
In truth,
travel
is supposed to be
made more difficult and spoiled -
without
directing this
.
Nobody seriously claims that spending the night in the hotel itself represents a relevant corona risk - at least that does not follow from the study on the infectious
environment of
the
Robert Koch Institute (RKI), "
says
Stephan Vielmeier
, who specializes in labor law,
in an interview with the newspaper
Welt
.
Criticism of corona measures by the federal government: "Is not about maximum infection protection"
After the federal-state consultations with
Chancellor Angela Merkel * (CDU *),
Vielmeier misses
a "coherent overall concept".
In this context, he judges the
Infection Protection Act
to be “sleek” - only for the
immediate averting of danger:
“What critics often keep silent: The general clause in sentence 4 explicitly allows encroachment on freedom of assembly, freedom of movement and inviolability of the home,” he explains in the interview the content of the Infection Protection Act.
But now that Corona *
has become
a
permanent state
, it is not the executive, but the
legislature that is
asked: "According to the Basic Law, it is not about maximum protection against infection, but the best possible protection against infection while at the same time protecting other legal interests, such as the rights of children, to be trained. "
+
Several administrative courts have overturned the ban on accommodation that was passed after the federal-state consultations with Chancellor Angela Merkel (CDU).
© KENZO TRIBOUILLARD / POOL / AFP
Coronavirus in Germany: case law on the Infection Protection Act in sight
As far as the previous case law on the Infection Protection Act is concerned, Vielmeier (who emphasized in the course of the conversation that he was not an administrative lawyer himself) praised the
German courts
: "The judiciary was initially very generous with the executive and always took into account that the executive
as of March / April had
little knowledge and had
to act quickly
. "
Corona in Germany: Lawyer hands out against Söder - "Don't let me lock up"
Despite this admission to politics, Vielmeier, who has already taken the
Bavarian courts
because of corona measures
, does not
spare
criticism.
For example, the
CSU chief and Bavarian Prime Minister
and initially imposed
curfews
in the Free State (for frequent Heimer, a "euphemism"):
"I do not let myself Markus Söder locked up at home."
Lawyer rebukes Corona policy: "I will not let Markus Söder lock me up at home" https://t.co/h1wMYJlQKA pic.twitter.com/Qo1jdXUmj8
- WORLD (@world) October 18, 2020
The city-wide ban on
alcohol consumption
in Munich, decided by
Mayor
Dieter Reiter
, was, in Vielmeier's opinion, “not necessary”: “A lonely night-time beer in the Isar floodplain next to my office only endangers my liver, but not protection against infection.
Conversely, the
special drinker
and
shisha smoker was allowed
to stay seated.
That doesn't fit in the back and front, there is no overall concept. "
His conclusion on the Bavarian approach to combating corona: “Fundamentally wrong”.
Because: "The ban on safe behavior is unsuitable." In this context, he also doubts travel restrictions in Germany, a ban on serving from 10 p.m. and a curfew.
Is the corona mood in Germany changing?
Lawyer is certain: "Yes"
Does Vielmeier also have constructive criticism?
In his opinion, which corona measures should be retained?
The lawyer counts:
Minimum distance
no major events
Limitation of gastro visitors ("especially in closed rooms")
Mask requirement ("city-wide no, maybe yes in the pedestrian zone")
Since new pandemic rules have been devised every “week”, the population's approval for them has waned, believes Vielmeier - and they also have to be enforced.
"Allegedly, according to surveys, the approval of the corona measures is so high, but everyone makes their rules very selectively in practice," he warns.
(frs)
* Merkur.de is part of the Ippen-Digital editorial network.
List of rubric lists: © Kay Nietfeld / POOL / AFP