Bavaria: After the VGH judgment – time for a corona balance – Bavaria

Comment from

Sebastian Beck

Afterwards you are always smarter – the old pun goes well with the state government’s corona policy. It was a good year and a half ago that Bavaria was transformed into an eerily empty and fearful country overnight by ordinance. The draconian measures were supported by almost all parties and the media at the time. The pictures from Italy, the reports of overcrowded intensive care units and funerals without relatives were too shocking. Vaccines were not yet in sight at the time – an almost hopeless situation.

In this respect, it is understandable in retrospect that the state government issued far-reaching exit restrictions. And yet the judgment of the Bavarian Administrative Court is correct and important. Because it reminds once again that the state’s interference in the civil liberties must be justified appropriately and properly, even in times of need.

Or asked banally: Why shouldn’t you be allowed to go outside the door alone during a pandemic? The judges at the Administrative Court are of the opinion that the Free State has violated the prohibition of excess. The criticism of the former constitutional judge Hans-Jürgen Papier of the Corona measures is aimed in the same direction: “The reaction was not generally, but sometimes quite irrational, contradictory, headless and in excess,” he said in an interview.

With the foreseeable end of the last corona restrictions, it will be time in Bavaria to critically review the measures. That would finally be a task for the state parliament, which has failed as a supervisory body in the past two years.

© SZ / kaa / lfr

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