Weimar Birthday Case
Re: Legality of Group Gatherings
Facts of the Case
- Dates: January 24 2021
- Location: Weimar, Germany
- Court: Weimar
- Case #:
- Plaintiff:
- Defendant: State
- Trial Type: Expedited
- Judge:
- Status: end
- Verdict: for the Plaintiff
Background
This is a case of a man who “celebrated a birthday with his seven friends” during a state imposed lockdown to prevent the spread of the disease known as Covid 19.
On the evening of 24.04.2020, the party was held in the backyard of the house in Weimar, Germany. “The eight participants in total were distributed among seven different households.
However, a stay in public space is only authorized alone, in the circle of members of his own household and, moreover, at most with another non-domestic person ”according to local regulations.” (https://ahrp.org/german-court-in-weimar-declares-lockdown-unconstitutional/)
Significance
This case is significant as the judgement of the court strikes down the decrees for lockdowns and other corona prevention measures.
Plaintiff’s Argument
…More information is needed…
Defendant’s Argument
…More information is needed…
Decision
The accused was acquitted and relieved of the need to pay a fine of 200 euros ($ 243). No sufficient reason for confinement
- The Weimar judge condemned a restriction limiting private gatherings to members of the same household and to a person outside of the same household, a rule which the accused had not respected. The judge said that the regional government itself had violated the “inviolably guaranteed human dignity” guaranteed by Article 1 of the German Basic Law by imposing such restrictions.
- According to the court, the government did not have sufficient grounds to impose these restrictions since there was no “epidemic situation of national importance” at the time and the health system was not at risk of failure. collapse, the Robert Koch Institute having reported that the multiplication coefficient of Covid-19 had then fallen below 1.
At no time is there any real danger that the health service will be overwhelmed by a “wave” of patients with COVID-19. According to the register established on March 17, 2020, an average of at least 40% of intensive care beds in Germany were permanently available. In Thuringia, 378 beds were registered occupied on April 3, 36 of which were in covid-19 patients. During this time, there were 417 vacant beds. On April 16, two days before the publication of the regulation, 501 beds were recorded occupied, 56 covid-19, and 528 beds were vacant … Thuringia recorded its highest number of covid-19 patients notified in the spring at 63 (April 28). Thus, at no time has the number of patients with COVID-19 reached a level that could have justified fears of an overflow of the health system.
This estimate of the real dangers of COVID-19 in spring 2020 is confirmed by an assessment of data from 421 clinics belonging to the Qualitätsmedizin Initiative, which found that the number of cases of acute respiratory infections (severe ARI) hospitalized in Germany in first half of 2020 was 187,174 – lower than the figure for the first half of 2019 (221,841 cases), even though that figure included cases of ARI caused by covid. The same analysis showed that the number of cases in intensive care was lower in the first half of 2020 than in 2019 …
- The judge also said that the regional government did not have the right to introduce such far-reaching measures since it was for the legislator to do so (parliament and not district courts).
- The Weimar court said the spring containment of Thuringia was a “catastrophically flawed policy decision, with dramatic consequences for almost every area of people’s lives . ”
The confinement imposed in Thuringia represents “the most complete and deepest restrictions on fundamental rights in the history of the Federal Republic, ” the court said, calling these measures a ” disproportionate ” attack against the ” foundations of our society. ”
Aftermath
- The Thuringian Regional Public Prosecutor’s Office lodged a complaint against the court decision, requesting that it be reconsidered and possibly overturned, with the case being handed over to another judge. The judgment must be “revised to develop the law and ensure a unified jurisdiction” regarding the containment and its violation, a spokesperson for the prosecutor’s office, Hannes Gruenseisen, told local media.
- The decision is not legally binding outside of Weimar, although each German court can render a judgment on the constitutionality of orders issued by any authority other than the Bundestag, federal parliament or regional parliament. Unless a law has been passed, each court can contradict the regulations if they appear unjustified
- This week, Chancellor Angela Merkel’s cabinet extended the restriction until mid-February. (https://www.rt.com/news/513443-german-court-covid-lockdown-unconstitutional/)
Further Research
- Read the original court ruling here:
- Read the English translation original court ruling here:
- https://www.panimmunity.org/legal/
References
https://ahrp.org/german-court-in-weimar-declares-lockdown-unconstitutional/ https://www.rt.com/news/513443-german-court-covid-lockdown-unconstitutional/ https://justice4poland.com/2021/03/04/german-court-in-weimar-declares-lockdown-unconstitutional/comment-page-1/
Keywords
cases in germany, rki