The Judicial Body deems Mask Mandates During the Pandemic Alignable with the Saxon Constitutional Norms
In 2020, around 38 individuals from the AfD group had voiced their dissent toward the coronavirus safeguard decree and put forth a petition for a legal review. They perceived the coronavirus safeguard decree of October 30, 2020, as being unconstitutional and, therefore, devoid of validity as a whole.
The Constitutional Court dismissed their appeal in its verdict, highlighting that the mask mandate aligns with the Saxon constitution as well as the Infection Protection Act. The court addressed the controversy surrounding the mask mandate directly. The AfD's petition was deemed inadmissible due to a lack of substantial justification regarding the other provisions in the coronavirus safeguard decree. The decree encompassed restrictions on contact or distances as well.
As per the verdict, the mandate for mask usage was appropriate considering the prevalent pandemic situation at the time. The court referred to the escalating number of infection cases and the surging number of intensive care patients as justification. Consequently, reducing contacts within the population to prevent a "critical national health emergency" was deemed rational.
Furthermore, the court stated that the mask mandate was proportional, given the potential collapse of the healthcare system due to an uncontrollable surge of Covid-19 patients. Under such circumstances, wearing a mask was considered a minor inconvenience. Moreover, exemptions were provided in exceptional cases, like when health reasons objected to the mask usage requirement. The court found no procedural flaws in the issuance of the decree. The ruling was made recently.
The pandemic situation in 2020 justified the mask mandate as stated in the court's verdict, considering the rising infection cases and intensive care patient numbers. The AfD's petition challenging the constitutionality of the coronavirus safeguard decree, including the mask mandate, was dismissed due to insufficient justification.
