“We should listen to what intensive care medicine tells us from practice,” said the lawyer. If the medical care system is actually on the verge of collapse, the state could intervene very far in fundamental rights. That also included Curfews. “But that is one of the measures that can only be imposed when gentler means no longer work.”
The Bonn constitutional lawyer also spoke against travel bans to Mallorca out. “If Germany were to prohibit the departure of Mallorca with a so far low incidence, this would have to apply to all countries for reasons of equality, i.e. a general ban on leaving the country”, explained Di Fabio. A general travel ban is only allowed if the pandemic situation requires it. Otherwise it must be accepted that people fly to Mallorca, go on vacation there and then have themselves tested on the return flight.
The former federal judge also does not consider it permissible to restrict the freedom of movement for vaccinated persons. If it is certain that there is no risk of transmission from a person, his freedom of movement should no longer be restricted. “If there is uncertainty about the assessment, something else can apply, but general appeals for solidarity no longer justify encroachments on fundamental rights,” said the constitutional lawyer. (epd)