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Berlin (dpa / bb) - Several Berlin MPs want to lodge a complaint with the Federal Constitutional Court against the exit restrictions in the new Federal Infection Protection Act.
"The curfew is not proportional," said Sven Kohlmeier from the SPD parliamentary group in the House of Representatives on Friday.
"Basic rights are restricted across the board without there being any evidence that this serves health protection."
However, the state must explain why the restriction of fundamental rights is proportionate in this case.
The «Tagesspiegel» (online) had previously reported on it on Friday.
FDP MP Stefan Förster also said on Friday that he did not consider the measure to be proportionate and that he would join the lawsuit. A balance must be weighed between the benefits of such measures and the restrictions on freedoms. In this case, he does not see that the benefit outweighs greater weight with nocturnal exit restrictions. Curfews are usually measures taken by dictatorships.
The parliamentary group leader of the Left in Berlin, Anne Helm, and the party's legal policy spokesman, Sebastian Schluesselburg, also consider the controversial regulation to be unconstitutional.
"We consider the curfew to be ineffective, disproportionate and unconstitutional," tweeted Schluesselburg on Friday.
That is why he and Helm had lodged a constitutional complaint in coordination with the Society for Freedom Rights (GFF).
This also applies to Förster and Kohlmeier.
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"If you interfere with fundamental rights, you have to see whether the measures are suitable at all," said Schlüsselburg to the "Tagesspiegel".
In the case of exit restrictions, this is not the case because the risk of infection outside is so low.
The Berlin Senator for Culture and Mayor Klaus Lederer (Left) criticized the emergency brake at the Left Party Congress in Berlin on Friday evening as “anti-social and purely symbolic”.
He spoke of a "civil law highly problematic and largely ineffective curfew".
The controversial emergency brake will automatically take effect from Saturday for all districts and cities in which a seven-day incidence of 100 was exceeded last Tuesday, Wednesday and Thursday.
The value indicates how many new infections per 100,000 inhabitants there were within a week.
In municipalities where the emergency brake applies, people are generally no longer allowed to leave their homes between 10 p.m. and 5 a.m.
Walking and jogging alone are allowed until midnight.
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© dpa-infocom, dpa: 210423-99-329257 / 2
Tweet from Sebastian Schluesselburg
Emergency brake in the Infection Protection Act, Paragraph 28 b
Report in the "Tagesspiegel"