Now the curfew is a case for the Federal Constitutional Court: numerous complaints have been filed.
The opponents of the rule provide several arguments.
Karlsruhe - Since Saturday there has been a nationwide curfew between 10 p.m. and 5 a.m. in areas with an incidence * over 100. The night curfew is probably the most controversial point of the so-called Corona emergency brake.
Is it particularly effective - or even counterproductive, because people then increasingly meet indoors?
And: Does the curfew interfere too strongly with fundamental rights?
Without "tough measures such as night curfews", no country has broken the third wave of the pandemic so far, said Angela Merkel (CDU *) on Friday.
But shortly after the emergency brake came into force, 25 lawsuits were pending before the Federal Constitutional Court, which were directed against the curfews or the overall package.
The number should have increased again over the weekend.
Will the Karlsruhe judges stop the curfew?
Nocturnal exit lock: These counter-arguments are brought before the Federal Constitutional Court
According to
the federal chairman of the Free Voters, Hubert Aiwanger, the federal government
has neither the competencies nor the means to “govern” downwards in this way without
regional peculiarities being able to flow in. "The federal government is becoming overbearing with a policy that does not make sense," he said. He describes the curfews as a "major mistake that is constitutionally inadmissible". “This approach by the federal government is detrimental to democracy because it undermines other institutions, states and municipalities.” The Free Voters were one of the first to turn to the Federal Constitutional Court. The SPD MP Florian Post followed, as did the FDP.
On Sunday, the Society for Freedom Rights (GFF) announced that it had filed constitutional complaints in Karlsruhe.
The GFF is an association that specializes in strategic litigation.
Ulf Buermeyer, the chairman, was already a research assistant at the Federal Constitutional Court.
His proposal is supported by politicians from the SPD *, FPD *, the Greens * and the Left *.
The GFF wants to "expressly commit to the goal of fighting pandemics" and not overturn the entire emergency brake law, said Buermeyer.
The limits of the constitution would have to be respected.
This is no longer the case.
Curfew is a case for the Federal Constitutional Court - but the problem is likely to lie elsewhere
At first it was completely open whether the Federal Constitutional Court would actually classify the night curfew as unconstitutional. The “freedom of the person” is laid down in the second article of the Basic Law. However, the constitutional judges could also agree that the temporary character weighs more heavily and that the curfew will avert a greater disaster in the pandemic *.
Since the beginning of the new regulation, however, another problem has likely prevailed with regard to curfews: whoever is outside after 10 p.m. is difficult for regulatory authorities to understand. "A comprehensive control of the curfews is hardly possible for the police and the responsible regulatory authorities of the municipalities," says Dietmar Schilff, vice-head of the police union, the
Bild am Sonntag
. (
kat
) *
Merkur.de is an offer from IPPEN.MEDIA
.
