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Potsdam (dpa / bb) - According to constitutional lawyer Thorsten Ingo Schmidt, the nightly exit restriction in regions with high numbers of infections in Brandenburg violates the Basic Law. "This is a serious interference and it is unconstitutional," said the Potsdam scientist of the German press agency. The exit restriction between 10 p.m. and 5 a.m. for a district or an independent city with over 100 new infections per 100,000 inhabitants in one week interferes with the freedom of the person under Article 2 and the freedom of movement under Article 11, as well as the general freedom of action under Article 2.

"Actually, it boils down to being at home from 10:00 p.m. to 5:00 a.m.," said the constitutional lawyer. "That can be justified with health protection, only then does the intervention have to be suitable, necessary and appropriate." The effect, however, is that there will be relocation effects, for example if everyone wanted to go for a walk at 9 p.m. “That can even be counterproductive, that is, there are more contacts during the day. You will meet fewer people outside at midnight than at noon, ”said Schmidt. "I have considerable doubts whether the measure is even suitable."

According to the lawyer, the exit restriction "misses the mark".

“There is no risk of infection when a lonely walker is out and about.

The danger is private meetings, ”said Schmidt.

“In my opinion, the exit restriction has significant disadvantages and is inappropriate.

Here an automatism is imposed from a seven-day incidence of 100, completely independent of the occupancy of the intensive care beds. "

A plus point is that the measures are only effective in individual counties and urban districts.

"That is more protective of fundamental rights than nationwide in the whole country."

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Prime Minister Dietmar Woidke (SPD) spoke on Saturday of a serious interference with fundamental rights, but defended it. "We only perform this procedure because we believe it is important to slow down the rate of infection."

Since Monday, a stricter corona emergency brake has been in effect in Brandenburg from a seven-day incidence of 100, including the exit restriction.

If the value of 200 is exceeded, not only secondary schools but also elementary schools and daycare centers will have to close.

In the federal emergency brake, according to the agreement of the parliamentary groups of the Union and the SPD, the exit restriction should come between 10 p.m. and 5 a.m., not from 9 p.m.

Jogging and walks should be allowed until midnight.

The Potsdam constitutional lawyer said: "The earlier it starts with the curfew, the more difficult it is to encroach on fundamental rights."

© dpa-infocom, dpa: 210420-99-271437 / 2

Chair of Public Law at the University of Potsdam