Prime ministers speak to Scholz and Merkel after the constitutional court ruled
It is not supposed to be a Prime Minister’s Conference, but it meets in the same round: On Tuesday at 1 p.m. after the Federal Constitutional Court’s decision on the federal emergency brake, the federal and state governments will come together to talk about the Corona crisis.
Schancellor Angela Merkel (CDU) and future Chancellor Olaf Scholz (SPD) will be talking to the heads of state tomorrow, Tuesday at 1 p.m. even before the next Prime Minister’s Conference. WELT learned this from several independent sources.
Tomorrow’s decision by the Federal Constitutional Court on the so-called federal emergency brake is to be discussed in the telephone vote. The new crisis team and the current corona situation should also be an issue. In it, Germany’s top political judges want to give important information on the constitutional limits of pandemic policy.
The discussion topics of the round should also be further possible restrictions on public life. Among other things, it should be about the 2G-plus rule for events inside and outside of closed rooms, about a general closure of clubs and discos and capacity limits for the games of the Bundesliga.
The new crisis team, which the future traffic light coalition intends to install in the Chancellery, will also be presented to the group. He is to steer the nationwide fight against pandemics under the leadership of the Bundeswehr General Carsten Breuer.
MPK chairman Wüst called for a federal-state vote
On Monday, the North Rhine-Westphalian Prime Minister Hendrik Wüst (CDU) called for the federal-state conference to be brought forward quickly. “The situation requires swift, determined and above all cohesive action,” said the current chairman of the Conference of Ministers of Presidents (MPK) of the “Rheinische Post”. A joint vote is needed “in the next few days, preferably tomorrow”.
Science provides clear recommendations. The spread of the new omicron variant of the corona virus also shows that there is no more time to be lost. “The virus knows no government break, which is why, in addition to effective measures in the federal states, a nationwide coordinated approach to key issues is urgently needed,” Wüst told the newspaper.
This includes uniform standards for “significant” contact reductions, the preparation of a general vaccination requirement and the establishment of a new crisis team at the federal government. Wüst warned that one could not wait until a new chancellor was elected. The next conference of heads of government is currently planned for December 9th.
Groundbreaking decision on Tuesday
The Federal Constitutional Court will publish a decision on the main issue of the Corona federal emergency brake for the first time on Tuesday. The Karlsruhe judges want to clarify whether and to what extent the legislature may oblige the population to restrict the contact and exit (AZ: 1 BvR 781/21 and others) and cause schools to be closed in order to contain the corona pandemic. (AZ: 1 BvR 971/21 and 1 BvR 1069/21).
The statutory federal emergency brake, the so-called “Fourth Civil Protection Act”, which came into force on April 23, 2021 and expired at the end of June 2021, was intended to prevent the spread of the coronavirus. For example, nocturnal exit restrictions, contact restrictions in private households or school lessons from home were set with an incidence of over 165 on three consecutive days.
Many citizens saw this as an inadmissible interference with their fundamental rights. By the end of July, 8,572 people had turned to the Federal Constitutional Court in 281 constitutional complaints and other urgent motions.
On May 31, 2021, the constitutional judges rejected numerous applications to stop the federal emergency brake in an urgent decision (AZ: 1 BvR 794/21). Whether the law is unconstitutional can only be clarified in the main proceedings. The restrictions served to protect the health of the population and thus a “legitimate purpose”. It is not obvious that the exit restrictions against the corona pandemic are “obviously not suitable, not necessary or inadequate”. The court has not yet issued an urgent decision on school closings.
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