Mr. Neuhäuser, as a result of the Corona pandemic, the Federal government and the Länder have adopted since March massive bans and restrictions on basic rights, which have been appreciated for a long time by the judiciary. Are not the Executive and the judiciary shot it beyond that?

no. The parliamentary legislator has game because of his direct democratic legitimacy, an assessment of space in relation to the question of what behavior he practices – in the context of its commitment to the fundamental rights – as a social adequately looks at and what. Ultimately, the measures of the Federal government and the länder have had the goal, to avoid a collapse of the health system. This objective has been achieved in the Rest of the currently, Yes.

So also the Land of lower Saxony has made everything right?

In the point where the low, the Ministry has been preserved Saxon social by a prohibition of contact on the own plot or in their own home with other people, in my view, neither the proportionality of the parliamentary scrutiny reservation, has within 48 hours self-corrected.

Many authorities, which have contested citizens before administrative courts and higher administrative courts, were confirmed, others were tilted, and sometimes it was on the same topic – for example, the 800-square-meter restrictions in shops – different judgments. Have you worked as an administrative judge in Osnabrück and also on the decisions of a measure of the state government or a subordinate authority disagreed with?

We have declared to the administrative court Osnabrück both the prohibition of Contact in the own apartment, as well as the prohibition of the operation of the car wash pit and the permanent Closing of gyms ineffective. Unlike the Parliament, a Ministry, a Constitution, due to tighter binding, for example, of the principle of equality of the basic law and can treat similar situations only on the basis of objective criteria of Differentiation are different.

article 1 of the basic law: The Dignity of man is inviolable. The state went too far, because he would be the life of the people, on the everyone can decide, for important to be considered as the people, and, for example, residents of nursing homes or patients in hospitals, strict Isolation underwent?

The Individual may terminate his own life, but that is not, in the case of the contact prohibited in nursing homes, but also the functioning of the health system and the lives of others in focus. And it should be obvious that no one can receive a visit if this is the life of a third party is at risk. That this danger is real, one has seen dramatically in a nursing home in Würzburg eleven of the Corona of the dead.

have residents, governments and courts nursing home and their families, not possibilities have to admit, to decide on the Form and intensity of their contacts and to take responsibility for the possible consequences of responsibility?

Surely you know the sentence: "Where no plaintiff, there no judge." Administrative courts do not decide concrete disputes, contrary to taxes, but beyond the individual case of political decisions. And furthermore, the Situation of such a pandemic is not only for administration but also for the dishes. If you read a book from the back, you know how it turns out; at the time of a judicial decision you have to make a forecast decision, and this will regularly be as, that the protection of life priority.

Green, FDP and AfD in the lower Saxony state Parliament have brought to the state court of organstreit proceedings. They complain that the Executive governs since the beginning of the Corona of a pandemic on your own, without the involvement of the Parliament. They consider the allegations to be entitled to?

In fact, you can put the Constitution to the question of whether the exercise of basic rights of the Individual restrictions would have to be decided at the end of actions of the democratically legitimised legislature – instead of the legal regulations of the administration. I can't imagine that deputies of the Parliament of lower Saxony are of your self-identity as pleased to learn about the far-reaching measures of the Ministry of health from the newspaper.

After all, there is a infection protection act, to which the Executive relies.

The infection protection act of the Federal government but has not had such a pandemic in the view. Due to the General clause of the law were decided in our chamber in the past six years, only two cases with rats in a hoarder apartment. The practical relevance of the law was so far low. I hope that the Federal legislature to clarify according to the current experience of the requirements of the act and the action that the Executive will provide clearer.

you Share the concern that the increasing range of different decisions and opinions is not only water on the mills of the extremists, but also the fundamental trust in the wider circles of the population in the rule of law could shake?

people have the completely mistaken fear that Corona was invented, so that Bill Gates can leave you chipping, or the belief that a vegan cooking with the intellect of an Attila Hildmann may have uncovered a world of conspiracy, have also been completed, such as the Reich citizenship anyway with the rule of law and for substantive arguments is not accessible. Every crisis in history has resulted from the uncertainty of the Individual and the search for simple solutions such Confused.

But there are also many people with extremist positions on the hat of doubt, in the meantime, however, on the meaning and purpose of some of the prohibitions and restrictions. Different judicial decisions and political assessments in the länder are, in principle, the federalism, the due judicial independence and the principle of democracy and thus in the basic law so created. Here I would wish me, in fact – even so, the Affected judicial decisions are more likely to accept – a close coordinated behavior across länder borders. It is, however, convey to a citizen, only that to the extent that in lower Saxony a certain point in time corona-fitness studios need to be closed while he can train seven kilometers beyond the country's border without problems. I do not believe that the Virus detects the country border. In addition, the different decisions of the administrative courts, in my view, show very well the Functioning of the rule of law: These balance the Executive powers and the fundamental rights of the Individual in each particular case.

*The post ""The Virus knows no national boundaries"" is published by Dewezet. Contact with the executives here.

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Date Of Update: 04 June 2020, 21:26