As of: 04/22/2022 4:33 p.m
In an urgent decision, the Higher Administrative Court (OVG) of Mecklenburg-Western Pomerania suspended the state’s so-called “hotspot regulation” as a corona protection measure. Federal law forbids declaring the entire federal state a corona hotspot.
Mecklenburg-Western Pomerania cannot be declared a nationwide corona hotspot. That was decided by the OVG in Greifswald on Friday. According to the OVG, the court decision affects the distance requirement and the obligation to wear mouth and nose protection in public areas.
No new virus variant in circulation
The state parliament had approved the state government’s proposal to classify the entire country as a hotspot. According to the court, however, the legal requirements for this did not exist. For this, for example, a new and significantly more dangerous coronavirus variant than those previously known would have had to appear. Even if there is no new dangerous virus variant in circulation, a state government can decide on special corona rules. According to the court, this must be justified separately for each district – for example with an extremely large number of new infections or overloaded hospitals. Making the country a hotspot across the board is not enough. The state parliament approved the nationwide hotspot regulation on March 24th. It should expire next Wednesday.
CDU: “Defeat with announcement”
The health policy spokeswoman for the CDU parliamentary group, ex-Justice Minister Katy Hoffmeister, described the court decision as a “defeat with an announcement” for the state government: “I had warned in the state parliament against launching a clearly illegal regulation. The state government wanted this warning don’t hear.” Now she has received the receipt for this from the OVG.
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