The German Federal Constitutional Court rejected the appeals concerning the traffic ban, contact restrictions and the closure of schools on the basis of the regulations in force when a “national epidemiological situation” was declared. The German Supreme Court has ruled that the measures imposed in April, which lasted for two months, were compatible with the constitution and the principle of proportionality, even though the restrictions constituted an interference with the exercise of citizens’ fundamental rights. But since life and health had to be protected, the restrictions served a “legitimate purpose”. In order to achieve this, the exponential growth of the pandemic had to be stopped, a collapse of the health system had to be avoided, and health care had to be provided everywhere in Germany.
Extraordinary teleconference on the pandemic
The court ruling clearly supports those calling for tougher national restrictions, such as Bavarian Prime Minister Marcus Zeder. A condition, however, would be to re-declare a “national epidemiological situation”. Only in this way could traffic restrictions and lockdowns for schools, kindergartens and shops be imposed. The Social Democrats, Greens and Liberals, the parties that will form the next government, currently disagree with such a step. The course of the pandemic in the light of the decisions of the constitutional court is being discussed today in an extraordinary teleconference by the Chancellor, Angela Merkel, and the candidate of the Chancellor of the Social Democrats, Olaf Soltz, with the prime ministers of the 16 German states.
DW – Panagiotis Kouparanis, Berlin
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