German constitution rejects complaints against pandemic restrictions
Germany’s Constitutional Court upheld the legality of the restrictions imposed by Angela Merkel’s government last winter, coinciding with the third wave, known as emergency brakes. Several groups have denounced it, claiming it is unconstitutional.
The Court considers that closing schools and restricting communications were intended to protect the health and lives of citizens and to put the public interest of society first. He also maintains that it affected many fundamental rights, but concluded that they were proportionate. Measures such as school closures have been in place for two months, indicating to the court that they did not last longer than necessary.
A second ruling will also rule out restoring and non-essential retail closures. The emergency brake consisted that, from a particular incident, various measures were taken to avoid contacts throughout the Federal Territory. The jurisdiction in public health is usually the counties. The court’s decision comes hours before the government meets with regional leaders to agree on a common strategy for the fourth wave of the pandemic. Numerous voices, including that of Bavaria’s president, Markus Söder, are calling for new emergency brakes. The meeting was scheduled for December 9, but progress was made yesterday due to the worrying development of the epidemic.
Acting Foreign Minister Helge Braun said this system needs to be re-approved. “We got to the situation we wanted to avoid: the health system is saturated in some areas,” he said in an interview.
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