Constitutional judge: Corona curfew was unlawful

Pandemic - Constitutional judge: Corona curfew was unlawful

Thuringia's Constitutional Court has declared the extension of a nightly curfew during the Corona period unconstitutional.

This legislation, enacted in January 2022, affected all people who were not vaccinated or had not recovered from an infection. The contested ordinance, which at the time included the extension of nightly curfews, did not meet the formal requirements, according to the Constitutional Court judges in Weimar on Wednesday. In addition, they found it to be in violation of the right to physical mobility.

This decision applies only to the validity period of the ordinance from January 21 to February 6, 2022, and not to the entire Corona pandemic, according to a court spokeswoman.

The AfD state parliamentary fraction had demanded a review of the January 21, 2022 ordinance. The focus of the review was, among other things, the legality of the restrictions on access, contact, and curfews for unvaccinated and recovered people at the time. In other respects, the Constitutional Court rejected the norm control application of the AfD as inadmissible.

1. The pandemic, specifically the Coronavirus (Covid-19), has led to various health restrictions across Germany, one of which was a nightly curfew in Thuringia, which the Constitutional Court has deemed unconstitutional.
2. This contested ordinance, enacted in January 2022, imposed restrictions on the movement of those who were not vaccinated or had not recovered from an infection.
3. The Constitutional Court in Weimar has found the extension of nightly curfews under this ordinance to be in violation of the right to physical mobility.
4. The court's decision only applies to the validity period of the ordinance from January 21 to February 6, 2022, and does not apply to the entire Corona pandemic.
5. The AfD state parliamentary fraction in Thuringia had demanded a review of the January 21, 2022 ordinance, focusing on the legality of the restrictions for unvaccinated and recovered people.
6. However, in other matters, the Constitutional Court dismissed the norm control application by the AfD as inadmissible.

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