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Kiel (dpa / lno) - Schleswig-Holstein's Justice Minister Claus Christian Claussen has warned against sweeping encroachments on fundamental rights to contain the corona pandemic.
The CDU politician does not consider night curfews or restrictions on the radius of movement to be suitable.
"In my opinion, such a general curfew is like a shotgun somewhere in the thicket - in the hope that something will be achieved with it somewhere," said Claussen of the German press agency.
For all encroachments on civil liberties, even if there are more than 200 infections within a week, proportionality must be maintained.
In Schleswig-Holstein a few days ago the district of Pinneberg and Flensburg had exceeded the incidence of 200 in the meantime.
With a seven-day incidence of over 200, districts and municipalities can restrict freedom of movement to 15 kilometers around the place of residence.
A 15-kilometer radius of movement has completely different effects in town and country, said Claussen.
“If you draw a 15-kilometer radius around your specific residential address in the center of Hamburg, you have potentially contact with half a million people.
If you do that on Pellworm - to take an extreme example - then those affected can meet with 1,500 islanders. "
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It also doesn't help to simply draw a radius around the whole place, said Claussen.
"Then you could move freely within Hamburg, but you would have problems getting from Husum to Niebüll."
"We always have to think about all the rules: Is it proportionate to intervene in the civil liberties?" Said the lawyer.
In the debate about possible tightening of the corona rules out of concern about the spread of virus mutations, the question should always be asked, "can we intervene" in people's rights.
"And if we come to the conclusion that this is not proportionate, not suitable and not necessary, then such restrictions of freedom must not be allowed."
The rule of law has worked well since the outbreak of the pandemic in Schleswig-Holstein, according to the longtime lawyer.
"We got along well with Coruna because we already had a relatively high degree of digitization in the courts and public prosecutors," said Claussen.
It is true that the two administrative courts in particular would have to decide on numerous lawsuits and urgent motions against the Corona regulations of the past few months.
«Some questions have now simply been clarified.
That is why the number of urgent proceedings has decreased somewhat. "
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According to the Ministry of Justice, 170 urgent proceedings have had a "Corona reference" at the administrative court in Schleswig alone since the beginning of the pandemic.
The local higher administrative court also decided in 92 first-instance standards control urgent proceedings.
In the past few months, there had been corrective decisions on individual restrictive corona policy measures.
© dpa-infocom, dpa: 210130-99-231210 / 2