Chilling with COVID-19 Restrictions: Saxony's Mixed Bag of Constitutionally Safe (and Unsafe) Pandemic Measures
COVID Measures Upheld as Constitutional with Exemptions Granted - Constitutionality of Corona Measures with Exemptions Upheld by the Court
Hey there! Let's break down the COVID-19 measures enforced by Saxony's state government, shall we? Spoiler alert: It's a blend of constitutional and unconstitutional actions.
A Winter of Restrictions
In early 2021, the government threw down the gauntlet on COVID-19 with a suite of measures that would make any health nut proud. Think contact and curfew restrictions, alcohol bans in the streets, and limits on get-togethers. But, here's the kicker, according to the Saxony Constitutional Court in Leipzig, these measures were mostly, but not entirely, on the up-and-up.
Two Should've Stayed Home
Two specific measures, however, didn't score well with the constitutional guardians. Namely, the restrictions on the guest list for weddings and funerals, as well as the nightly curfew, were found to be a constitutional no-no in the land of Saxony. The court argued that these measures came up short in terms of linking their enforcement to the infection rate and balancing life, health, and family life's special significance. The nighttime curfew, in particular, didn't pass the risk-assessment test.
Just Say Yaaas to the Rest
Surprising twist? The judges gave the thumbs up to most other measures, including crowd control at assemblies and close encounters in private spaces. The Constitutional Court was also cool with bans on business and service providers, public boozing, and the old classic, mask-wearing.
Saxony: The Pandemic's Worst Nightmare
In 2021, Saxony had the country's grim highest seven-day incidence rate, as per the Robert Koch Institute. With daily deaths in the dozens, it was a wild, dark ride no one wanted a ticket for. But, those two tightened ordinances, the ones with the shaky constitutional foundations? Those came into play during that rough patch.
A (Not So) Civil Argue
38 colorful souls from the AfD parliamentary group tried to nail those doubtful measures to the constitutional wall in a legal tussle called the norm control procedure. They argued that the government hadn't popped the question for these measures in a scientific forum, but that the government replied, "Tough love, my friend! We're just trying to keep folks safe and healthy!"
In the end, both measures remained standing, leaving us to wonder what a functioning relationship between science and government looks like.
[1] Enrichment Data: The German government's broader COVID-19 measures have been subject to legal scrutiny. For instance, the German Constitutional Court ruled on aspects of the federal emergency brake (Bundesnotbremse) in November and December 2021, but this does not directly address the Saxony state's specific measures.
- Despite the constitutional court's ruling against certain measures, such as restrictions on guest lists for weddings and funerals, and the nightly curfew, the German government's broader COVID-19 measures, including crowd control at assemblies, bans on business and service providers, restrictions on get-togethers, public alcohol bans, mask-wearing, and some restrictions in private spaces, have received support from the Constitutional Court, indicating a strong commitment to public health and safety.
- In the ongoing argument between the AfD parliamentary group and the government over the lack of scientific debate on some COVID-19 measures, such as the tightened ordinances in Saxony, the government has maintained its stance on the importance of these measures in keeping the community and individuals safe and healthy, raising questions about the ideal balance between science and governmental decision-making in times of crisis.
