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Berlin (dpa) - The free voters are taking a double constitutional complaint against the federal emergency brake in the fight against the corona virus.
The aim is to defend the citizens' “rights to freedom”, said Federal Chairman Hubert Aiwanger at the presentation of the first complaint on Thursday in Berlin.
The Free Voters are initially opposing the nationwide night curfew in regions with a seven-day incidence over 100. With a second constitutional complaint, they want to bring down the planned emergency brake rule for retailers.
Before that, however, the Free Voters rely on Federal President Frank-Walter Steinmeier: They have already submitted their first constitutional complaint to him, according to their own statements - in the hope that he will not sign the amendment to the law, which should also be passed in the Bundesrat on the Thursday after the Bundestag .
Only then should the lawsuit be filed in Karlsruhe if necessary.
Aiwanger argued that the federal government had neither the competencies nor the means to “govern” downwards in this way without regional peculiarities being able to flow into it.
"The federal government is overreaching with a policy that does not make sense," he said, speaking of a major mistake that is constitutionally inadmissible.
"This approach by the federal government is detrimental to democracy because it undermines other institutions, states and municipalities."
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It is not about denying or questioning Corona, emphasized Aiwanger.
It is also not about worsening health protection, it said - on the contrary: State governments and district administrators could lead the fight against Corona much more precisely and thus more effectively.
Curfews could also be useful in one case or another - but not with a nationwide automatism.
"I am deeply amazed at the willingness with which the federal states give their skills to Berlin," said Aiwanger.
In Bavaria, the free voters sit in the government together with the CSU.
There they have been carrying the night curfews for a long time.
But that's not a contradiction in terms, argued Aiwanger.
This was supported in winter - and, among other things, it was enforced that the start is now at 10 p.m. and not at 9 p.m.
However, he announced an advance against the large coalition partner CSU that the regulation in its current form would not be extended again.
Or the regulation should only take effect from an even later time or if the incidence is higher than seven days.
© dpa-infocom, dpa: 210422-99-309473 / 2