After the Gütersloh-decision: guidelines for Lockdowns

The most recent Figures from the district of Gütersloh seem to give the judges the right, the offset on Monday, the Lockdown in the district of Gütersloh.There

After the Gütersloh-decision: guidelines for Lockdowns

The most recent Figures from the district of Gütersloh seem to give the judges the right, the offset on Monday, the Lockdown in the district of Gütersloh.There are hardly any new infections, and the so-called Seven-days-incidence is 35.5.On Monday, the indicator that calculates the number of new infections within a week to 100,000 inhabitants high, which was located just above the threshold of 50, at the peak of the mass outbreak in the case of Tönnies, it amounted to even 270,2.

Alexander Haneke

editor in the policy.

F. A. Z.

For the policy, the decision of the higher administrative court of Münster came as a surprise. Is the immediate decision of the Supreme administrative judges of North Rhine-Westphalia, the actually until Tuesday evening had a Lockdown for the district of Gütersloh offset, and for "likely unlawful", declared, and not clap for the government. Rather, it could serve as a guide for future infection outbreaks. Because of the decision in a series of earlier decisions of the Supreme courts, and it complements you.

The state is obliged to fast Acting

it Comes to a mass outbreak, does not have to be the policy quickly, even if you are in this Situation yet have enough information to decide, to weigh, is the line of dishes. Because the Executive is already committed because of their duty to Protect the citizens to take action. More unclear the Situation is, the more the discretion of the policy. As soon as it happened, however, more accurate information about Infection and risk situation, you must check the Executive and their decisions at any time. For this reason, the judges had also taken time and again to the fact that the measures should always be temporary.

The 13. The Senate of the higher administrative court stated in its decision of Monday that the strict protection measures at the beginning of the mass outbreak were not objectionable. The state government "have allowed time for educational measures to win, then on duty, based on the further procedure" to decide, - stated in the message of the court.

as soon As possible, must be corrected

But on Monday, the decision at the relevant time, it was already "possible and necessary" to adopt a "differentiated regime", as formulated by the court. The extensive ground tests had revealed that there was, especially in the North and East of the circle is hardly new infections. It was not so "(more) apparent" that the risk differs significantly from the other areas of the country, for which there is no Lockdown applies.

This means: Are there reliable Figures for this, that the infection happened within a County depending on the location, significantly different, is the coarse Grid is no longer permissible to send the entire circle in the Lockdown.

Legally obtained both from the principle of Proportionality, the principle of equality. Stating that the same may not be equal, but also Unequal, not without reason, treated in the same way. Citizens or businesses from the little-affected communities in the district of Gütersloh and must therefore not be treated without a reason different than those in the neighboring circle (and not, as in the heavily affected areas).

Updated Date: 07 July 2020, 11:20

You need to login to comment.

Please register or login.

RELATED NEWS