The legal processing of the Corona regime finally picks up speed. A brave hairdresser from Karlsruhe has won a remarkable victory in front of the Baden-Württemberg Administrative court. The court declared the 3rd amendment to the Corona Ordinance of November 23, 2021-a devastating judgment for the ordinance of the Green-Schwarzen state government under Winfried Kretschmann.
formal sloppiness exposes government failure
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What the court, chaired by President Malte Graßhof, detailed reads like an indictment against the state government’s manual skills. The regulation, decided in a “circulation procedure,” was already formally illegal because Prime Minister Kretschmann did not immediately sign it in the original. A signed original only materialized at the beginning of December-at a time when the regulation had been in force for over a week and was destroying livelihoods.
But that’s not all the embarrassment: Even after the late signature,the regulation remained ineffective until December 15,2023. The reason? After the epidemic location of national scope, there was no sufficient legal basis in the Infection Protection Act. The correct citation of the relevant legislative regulations had also simply been forgotten.
A hairdresser fights against state arbitrariness
The plaintiff, a hairdressing operator, had to accept a significant loss of sales in 2021 and 2022. The state’s Corona regulations forced him to reduce personnel and close one of his two branches. The “G rules” for hairdressing visits, introduced on November 23, 2021, were the drop that caused the barrel to overflow.
His lawyer, David Schneider-Addae-Mensah, sums it up: the rapid sequence of ever-new “basic rights violating regulations,” sometimes weekly, not only overwhelmed citizens but also the regulator itself.”Apparently, they lost an overview,” the lawyer stated dryly.
Missed chance for basic processing
As gratifying as the judgment is for the Corona processing,there’s a bitter aftertaste. The court was limited to the formal defects and avoided dealing with the material legality of the Corona measures.If the judges had had the courage to also examine the constitutional dimension of the fundamental rights interventions, the judgment would probably have been even more devastating.
Schneider-Addae-Mensah hopes for further “innovative case law from Mannheim.” many citizens share this hope, still waiting for a thorough legal review of the Corona period. Because the question of whether the massive fundamental rights interventions were ever proportionate remains unanswered.
The state government is silent-temporarily
The state of Baden-Württemberg now has a month to appeal against the non-approval of the revision. So far, no such appeal has been filed at the Administrative Court, according to Mannheim. It will be interesting to see whether the state government has the courage to defend its actions before the Federal Administrative Court.
This judgment should be a wake-up call. it impressively shows the negligence and arrogance with which politics acted during the Corona period. Fundamental rights were curtailed in urgent procedures with little regard for due process.
What are your thoughts on this landmark ruling? Did you experience similar challenges during the Corona period? Share your experiences and opinions in the comments below! Don’t miss out on critical updates and in-depth analysis – subscribe to World today News for more impactful reporting.
