Tuesday, November 30th, 2021
According to the judgment on the emergency brake
Spahn calls on Ampel to rethink
The Federal Constitutional Court confirms the legality of all corona measures of the lockdown spring. For Federal Health Minister Spahn, the ruling is a clear signal to the traffic light parties to take tougher measures again.
The extensive confirmation of the Corona measures by the Federal Constitutional Court last spring is, in the opinion of the Executive Minister of Health, Jens Spahn, a signal to the upcoming traffic light government. “The judgment creates clarity. The federal emergency brake was proportionate because the state had to protect the life and health of its citizens,” said Spahn. “This should now also offer orientation to the parties who have so far ruled out more stringent measures due to legal concerns.”
This means, even if Spahn does not name them, the upcoming governing parties SPD, Greens and FDP. The liberals in particular had repeatedly expressed doubts about the proportionality of the serious encroachments on fundamental rights. The traffic light alliance made the decision on further measures to contain the pandemic dependent on today’s decision by the Karlsruhe judges.
For CDU politician Spahn, the judgment is also important in retrospect, as the Federal Constitutional Court confirms that the outgoing federal government has not broken the law. Spahn nevertheless stated that the ruling did not result in the government’s omnipotence in pandemic times: “The verdict is not a license for arbitrary interference with fundamental rights,” Spahn continued. “Nationwide restrictions on public life must be limited in time, regionally differentiated and be based on the pandemic.”
Braun dampens expectations
That was the case with the emergency brake, said Spahn and demanded: “It should be like that again now. We need resolute government action to break the fourth wave.” Spahn, but also other representatives of the Union such as Chancellery Minister Helge Braun, are calling for a prime ministerial conference with the federal government as soon as possible in order to resolve stricter national measures. The traffic light parties, on the other hand, point out that many federal states in Union hands, including Bavaria and Saxony, have not yet exhausted the existing possibilities of the amended Infection Protection Act.
At the last federal-state conference the week before last, the participants agreed to check on December 9th whether the measures taken were sufficient. In fact, federal and state representatives want to speak to each other in an informal round today, Tuesday. According to Helge Braun, new resolutions are not expected.