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The regulation presented yesterday is often “very vague”.
© APA / HANS PUNZ
According to presiding attorney Rupert Wolff, lockdown regulation is often “very clumsy.” The room for interpretation in the case of exceptions is also too wide.
“Tested, but not yet perfect” is the second blocking rule from the point of view of the attorney president Rupert Wolff. This time the government is showing a more careful approach to restricting fundamental rights and freedoms than in March and has clearly tried to be more careful with regulations. But in the important area of curfews, the margin of interpretation is “extremely large” for some exceptions and, again, many problem cases can be expected.
Regulation often “very vague”
Much is “very vague” and not sufficiently explained. Citizens would not know what they are allowed to do and what not, and it will be “very difficult” for the executive to implement these regulations. So the question arises, how can you make a police officer, if he stops you at 11pm, as necessary, be “credible” that you just visited your grandmother? “It is inevitable that there will be many problematic cases,” which would then have to be cleared by the courts, Wolff said in an interview with the APA.
In addition, the exceptions listed in the ordinance of the general prohibition to exit between 8 p.m. and 6 a.m. remained too unclear. For this reason, it is not explained what the “exercise of family rights and the fulfillment of family duties” includes: if you can visit your heir or great-grandchildren after 8:00 p.m., or if this also applies to a same-sex couple with an adopted child.
Wolff complains that there is no explanation in the regulations of what is meant by “meeting the basic necessities of daily life.” To do this, you must first read the explanations about the Covid 19 Measures Law. Then discover that it also includes driving to your second home or taking care of animals.
Strict measures must be justifiable
What draws the lawyer’s attention is that the new lockdown ordinance simultaneously imposes more lenient measures (entry bans, mask and distance requirements) and “very hard” curfews. Under the underlying Covid law, curfews are the ultimate ratio in case more lenient measures are not enough to prevent the collapse of the healthcare system. Hopefully the Minister of Health can show conclusively why such a strict measure is necessary, Wolff said, noting that the VfGH has lifted Corona’s rules (such as minimum distance from restaurant tables) due to the lack of documentation.
The blockade regulation is, together with the March one, one of the most massive violations of fundamental rights and freedoms in the Second Republic. That is why special care, the greatest possible transparency and extensive communication are required. In this sense, the government has done everything possible, acknowledges the president of the Austrian Bar Association. This can be seen in the fact that curfews are only applied at night and not – as in March – continuously, or also in the fact that entry to any type of commercial premises is not prohibited.
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