Parts of the Corona Protection Ordinance were not only ineffective in Austria. In Germany, the Federal Administrative Court ruled on Wednesday that the total ban on gatherings in April 2020 was disproportionate.
The corresponding passage of a Saxon Corona protection regulation was classified as ineffective. At that time, meetings were allowed only if prior approval was obtained. Saxony and other states had banned gatherings in April 2020.
The complete ban was “a serious interference with freedom of assembly,” the court said. Individual approvals would have changed little. The regulation was not at all clear under what conditions meetings could have been responsible despite the pandemic. According to the administrative court in Leipzig, the state government should have regulated the exceptions “in order to at least allow open-air gatherings with a limited number of participants again, taking into account protective requirements.”
The 36-year-old complained
The gathering ban could have been based on the Infection Protection Act, it said, and other protective measures probably wouldn’t have been as effective, but the target was disproportionate to the seriousness of the fundamental rights breach. A 36-year-old who wanted to demonstrate against a restriction of fundamental rights complained to the Ministry of Health in Dresden. He was initially unsuccessful at the lower court of the Saxon Higher Administrative Court.
Source: Krone
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