Wednesday 05 May 2021
Decision by the Constitutional Court
Urgent requests against curfew rejected
The Infection Protection Act provides for a nationwide exit restriction between 10 p.m. and 5 a.m. There is strong opposition to this regulation. The Federal Constitutional Court received more than 280 complaints – without success.
The corona curfew remains in force. The urgent petitions against federal nighttime exit restrictions have been rejected, said the Federal Constitutional Court. The First Senate justified its decision by stating that the consequences would be more serious if a stop was made now, but the curfew would later be declared constitutional.
In addition, according to the current legal situation, the period of validity of the challenged regulation is relatively tightly limited. The constitutional complaints remain pending. When will be decided on the main issue is open.
Two weeks ago, the Bundestag passed the so-called federal emergency brake. It has been in force since April 23 and for the first time regulates nationwide that numerous contact restrictions apply in cities and districts with an incidence value of 100 or more. The curfew between 10 p.m. and 5 a.m. was particularly controversial. During this time, people are only allowed to move in public for an important reason, for example because they go to or come from work or have to walk the dog. However, individuals are allowed to exercise until midnight.
The curfew is intended to reduce contacts and the rate of infection. In addition to the FDP, numerous citizens had appealed to the Federal Constitutional Court. In the meantime, the Karlsruhe court has received more than 280 constitutional complaints. In addition, urgent requests have been made to lift the curfew pending the final decision.
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