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Karlsruhe (dpa) - The Federal Constitutional Court has rejected urgent motions against night exit restrictions in the course of the Corona emergency brake.

"It has not been decided that the exit restriction is compatible with the Basic Law," said the court in Karlsruhe on Wednesday.

This question must be resolved in the main proceedings.

Several plaintiffs had requested that the court temporarily suspend the nocturnal exit restriction by way of an order (Az .: inter alia 1 BvR 781/21).

The legislature regards the exit restriction as a means to limit private get-togethers that have previously taken place in the evening hours, including in private rooms.

"It serves a fundamentally legitimate purpose," it says in the decision.

Nevertheless, the judges found that there was a dispute among experts as to whether the nocturnal exit restriction was suitable to achieve its goal.

However, one does not see "an obvious inappropriateness of such exit restrictions".

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"The nocturnal exit restriction affects the living conditions deeply," says the message. The consequences had an impact on almost all areas of private, family and social contacts as well as on the scheduling of working hours. However, it falls during a period in which activities outside of an apartment or accommodation “do not have a very significant quantitative significance”. Overall, according to the judges, the disadvantages for effective protection against infection would outweigh the disadvantages if the regulation were to be suspended.

The nationwide binding rules for stricter corona measures came into force a week and a half ago.

In counties that have exceeded a seven-day incidence of 100 for three days, exit restrictions then apply between 10:00 p.m. and 5:00 a.m., among other things.

With Germany-wide uniform regulations, politicians want to prevent a patchwork quilt in the federal states and get the spread of the corona virus under control.

More than 250 proceedings against the tightened Infection Protection Act have already been submitted to the highest constitutional court in Germany.

According to a spokesman's earlier statements, some are directed against the entire package of measures, others only against individual points.

Among the plaintiffs are lawyers, but also politicians, for example from the Bundestag.

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© dpa-infocom, dpa: 210505-99-482548 / 3

Information on constitutional complaints

Information on urgent applications in Karlsruhe

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