Ineffective & disproportionate? Germany’s new lockdown law sparks flurry of Constitutional Court complaints, including by MPs
Germany’s new law granting Berlin sweeping powers when it comes to imposing harsh Covid-19 restrictions has sparked a wave of indignation and prompted dozens of complaints filed with the Constitutional Court.
A total of 65 complaints have been filed against the so-called Infection Protection Act to date, the Federal Constitutional Court in Karlsruhe confirmed to the German media. A court spokesman also admitted that the real number of lawsuits could be higher since new ones are filed “all the time” and the court is not always able to process them in time.
Most claims were reportedly filed by individual complainants, including several German MPs. One of them is Florian Post, a member of the Social Democratic Party – a junior member of Chancellor Angela Merkel’s government coalition. Others include a Green MP, Canan Bayram, and a member of the right-wing Alternative for Germany (AfD) party, whose identity was not revealed.
The Liberal Free Democrats also lodged a complaint against the law with the Constitutional Court on Monday afternoon. The usually business-friendly party argued that the measures imposed by the law, such as the curfew and “other encroachments on fundamental rights,” are disproportionate and sometimes ineffective.
It is not known when the court will pass its judgement on the issue. It is also unclear whether the claimants should first reach out to some lower-ranking courts before filing the lawsuits directly in Karlsruhe.
The controversial law imposes binding restrictions on all German states and even individual communities as soon as they exceed a seven-day average infection rate of 100 cases per 100,000 people. The rules once again put severe limitations on private and public gatherings, as well as demanding that Germans stay home between 10pm and 5am, with exceptions for some emergency cases and professional activities. Non-essential shops would have to limit their number of customers or close entirely, depending on the situation, while people would also be required to work from home whenever possible.
It was passed by the Bundestag on April 21 following a heated debate despite vehement criticism from the opposition, and was approved by the Bundesrat later the same week. The law eventually came into force last Saturday.
The development also sparked negative public reaction as thousands took to Berlin’s streets just as the MPs were debating the legislation. The rally ended in scuffles with police and some 150 arrests.
Currently, 15 out of 16 German states have to apply the restrictions since they are all above the 100 per 100,000 people infection rate threshold. The Constitutional Court gave no indication that it would suspend the law pending the outcome of the lawsuits.
The Liberty Beacon Project is now expanding at a near exponential rate, and for this we are grateful and excited! But we must also be practical. For 7 years we have not asked for any donations, and have built this project with our own funds as we grew. We are now experiencing ever increasing growing pains due to the large number of websites and projects we represent. So we have just installed donation buttons on our websites and ask that you consider this when you visit them. Nothing is too small. We thank you for all your support and your considerations … (TLB)
Comment Policy: As a privately owned web site, we reserve the right to remove comments that contain spam, advertising, vulgarity, threats of violence, racism, or personal/abusive attacks on other users. This also applies to trolling, the use of more than one alias, or just intentional mischief. Enforcement of this policy is at the discretion of this websites administrators. Repeat offenders may be blocked or permanently banned without prior warning.
Disclaimer: TLB websites contain copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available to our readers under the provisions of “fair use” in an effort to advance a better understanding of political, health, economic and social issues. The material on this site is distributed without profit to those who have expressed a prior interest in receiving it for research and educational purposes. If you wish to use copyrighted material for purposes other than “fair use” you must request permission from the copyright owner.
Disclaimer: The information and opinions shared are for informational purposes only including, but not limited to, text, graphics, images and other material are not intended as medical advice or instruction. Nothing mentioned is intended to be a substitute for professional medical advice, diagnosis or treatment.