Editor in chief at IamExpat Media
Germany’s top court has ruled that the “emergency brake” COVID measures, employed by the federal government earlier this year, were constitutional. The decision could pave the way for further curbs such as curfews, contact restrictions, and school closures.
In place between April and June this year, the so-called “emergency brake” forced states or districts to impose far-reaching measures if the seven-day coronavirus incidence rate rose above 100 new infections per 100.000 people on three consecutive days.
Passed by the federal government to try to combat the spread of coronavirus, the law was considered controversial because Germany’s 16 federal states previously had a high degree of autonomy to determine their own restrictions. Its introduction therefore triggered a wave of lawsuits and constitutional complaints - more than 300 of them by the middle of August.
In its ruling today, the Federal Constitutional Court in Karlsruhe dismissed the complaints, concluding that the government’s contact restrictions and curfews were proportionate, in line with the constitution, and “as a whole served life and health protection” and supported the healthcare system.
In a separate ruling, the court declared that the suspension of face-to-face teaching did not violate children’s right to education, either, since primary and secondary schools continued to offer online lessons when schools were forced to close.
The emergency brake was allowed to expire at the end of June, but it is widely expected that Tuesday’s decision will help determine how the federal and state governments proceed against the pandemic in the coming weeks and months. The leaders are due to meet on Tuesday afternoon to discuss the verdict and possible further restrictions.
Helge Braun, head of the chancellery, told RTL that the court’s decision would show “which of two paths we should go down.” Incoming Vice-Chancellor Robert Habeck issued another call for tighter restrictions to slow down the spread of the virus. “What has to happen is absolutely clear: contacts must be reduced,” he said, adding that unvaccinated people should be banned from “all public facilities” apart from essential shops.