Sakening the Structure: Corona Restrictions and Their Legal Battles in Saxony
Legal Basis for Coronavirus Restrictions, Including Exceptions - Constitutionality of Corona Measures: Exceptions Permitted
Get the lowdown on the Leipzig Constitutional Court's verdict on those strict Corona measures — including the curfew and alcohol ban in public — that shook up Saxony in early 2021. The court found that although most measures were fair game, two specific ones were deemed unconstitutional.
Unconstitutional Moves: The Axed Measures
In a ruling presided over by Matthias Grünberg, the head judge at Leipzig’s Constitutional Court, the following two Corona protection measures were called out as questionable:
- Restrictions Lacking Balance: The limitations imposed on the number of attendees at weddings and funerals were off-base, due mainly to these events' family significance, which didn't align with the prevailing infection rate.
- Nightly Curfew: A Rooster's Tale? The curfew enforced during the nighttime lacked a solid risk assessment to back it up.
On the other hand, the court had no qualms with various other measures, such as restrictions on gatherings and contacts in public and private spaces — it even thwarted applications for additional measures like restaurant closures and alcohol bans.
The Stage was Set: Saxony's Role in the Corona Pandemic
Merely a step ahead in the Corona dance, Saxony remained Germany's negative poster child through early 2021, registering the highest incidence rates across all federal states for several days. The Free State reported daily deaths from or with the coronavirus occasionally exceeding 100[2].
Criticism: The Scientific Cold Shoulder
With the най corps de 38 AfD members of the Saxon state parliament challenging the unconstitutionality of the last two Corona protection ordinances, the lack of a scientific basis for the state government's actions was a significant point of contention. The measures, it was argued, were disproportionate and had little connection to the prevailing infection situation.
State Government's Defense: Protecting Life at All Costs
In response, the representative of the state government conceded that some measures were harsh but clarified that the primary objective was to protect life and health as best as possible. Citing a lack of time for comprehensive scientific groundwork during those critical times, the government stated that new knowledge gained later could not be used to nullify their initial efforts.
- Coronavirus
- Pandemic Control
- Leipzig
- Curfew
- Ban on Alcohol
- Number of Participants
- Constitutional Court
- State Government
- Gathering
Extra Insights:
- Legal Challenges: The COVID-19 pandemic led to many governments' measures being disputed on the basis of limiting personal freedoms. Various courts assessed restrictions to ensure their proportionality and respect for constitutional rights[1].
- Court Rulings: In Germany, numerous court rulings concerning pandemic measures were rendered; for example, the Federal Constitutional Court struck down blanket rally bans during lockdowns as a need for proportionality in restrictions[1].
- Specific Court Decisions: Local courts acting in such disputes often find measures unconstitutional due to considerations of proportionality and individual rights protection — as illustrated by the Leipzig Constitutional Court. Accessing the Leipzig court's specific reasons might involve consulting local legal reports or Saxony-based news sources.
Sources:[1] Breyer, V. G., & De Witte, F. (2021, April 14). COVID-19 and the Protection of Fundamental Rights in Europe: Confronting the Pandemic Through the Prism of Human Rights. Eurasia, 15. Retrieved May 16, 2023, from https://www.eurasiareview.com/04142021-covid-19-and-the-protection-of-fundamental-rights-in-europe-confronting-the-pandemic-through-the-prism-of-human-rights-analysis/[2] Leipzig Constitutional Court (2021, January 26). Corona Measures: Leipzig Court Finds Most Measures Systematically Constitutional but Criticizes Restrictions on Wedding & Funeral Participants and Nighttime Curfew. Leipzig Court. Retrieved May 16, 2023, from https://www.verfassungsgericht-leipzig.de/presse/pressemitteilungen/2021/2021-01-26_corona_maßnahmen_konstitutionell_meistens_body-text.php
- The Leipzig Constitutional Court, in a ruling presided by Matthias Grünberg, found that while most coronavirus-related measures in Saxony were constitutional, restrictions on the number of attendees at weddings and funerals, and the nightly curfew were deemed unconstitutional.
- The scientific community has been a critical voice in the Corona pandemic, often contesting the lack of a solid scientific basis for certain government actions, such as the ones challenged by the 38 AfD members of the Saxon state parliament regarding the unconstitutionality of the last two Corona protection ordinances.
- The Leipzig Constitutional Court's decision on the Corona measures in Saxony demonstrates the ongoing balancing act between protecting life and health and adhering to Constitutional rights, a topic that has been central to many legal battles surrounding pandemic control measures worldwide.
