Thursday April 22, 2021
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First constitutional complaint about the corona emergency brake
After the new Infection Protection Act was passed, the first constitutional complaint was received in Karlsruhe. The FDP also announces a lawsuit. A lawyer hopes that the Karlsruhe judges will temporarily stop the execution of the law by Federal President Steinmeier.
The first constitutional complaint has already been received in Karlsruhe against the new Infection Protection Act. The lawyer Claus Pinkerneil confirmed on request that he had turned to the Federal Constitutional Court. The parliamentary managing director of the FDP, Marco Buschmann, announced on Instagram that he and other members of the FDP parliamentary group would lodge a constitutional complaint against the Infection Protection Act. The Free Voters and the Society for Freedom Rights also want to sue the law.
The Federal Council has now cleared the way for the nationwide emergency brake to contain the corona pandemic. The Chamber of States passed the law passed by the Bundestag on Wednesday, which provides for nightly curfews, among other things.
Pinkerneil said he had serious doubts about the constitutionality of the law. His main impetus was the fact that the new regulation evaded the administrative judicial control. Only the constitutional complaint remains. He hopes that the Karlsruhe judges will temporarily stop the execution of the law by Federal President Frank-Walter Steinmeier. The court had already done this at the end of March when it prohibited Steinmeier from signing the ratification law for the EU Corona aid fund until the decision on the urgent application.
Ideally, such a hanging resolution could possibly already show a tendency of how Karlsruhe sees the law, said Pinkerneil. A court spokesman confirmed receipt of his constitutional complaint.
Buschmann from the FDP justified the planned constitutional complaint with “concerns” that remained after the law was passed. The measures are still tied to “bare incidence” and not to a more meaningful mix of criteria, criticized Buschmann on Instagram. He also criticized the incidence value of 165, which is decisive for school closings, for which it is not clear “which scientific connection point” there is for it.
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