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Tuesday, November 03, 2020
A Dortmund judge has declared a crown protection ordinance ineffective. Three citizens had previously filed complaints against their fines. Although the ruling is not yet final, the decision is already being celebrated by critics of the current restrictions.
An unusual ruling in the Dortmund District Court is sparking debate on the internet: On Monday, a judge acquitted three men who had allegedly violated contact restrictions in force at the time in the spring. Their reasoning: such a serious violation of fundamental rights would require a formal act of parliament, and not just government regulation.
The ruling (Az. 733 Owi 64/20) is not yet final. According to the district court, the prosecution has already filed a complaint, which must now be resolved by the Hamm Higher Regional Court. According to the local court, the sentence was “fully justified” by the colleague and will be published shortly.
In forums of opponents of the protection of the crown, the judge’s verdict was described as innovative. A well-known lawyer on the scene quoted one of the acquitted as saying: “Today there was a trial in the Dortmund District Court in which we were charged with dangerous behavior to the public, of having three people together in Merkel Germany in a warm spring afternoon, an alleged violation against the Crown Protection Ordinance in North Rhine-Westphalia, which was valid at the time. But in court there was a lot of gossip for the state authorities! ”
The first confinement in Germany was legally justified with the Crown Protection Ordinance of March 22, to which the sentence refers. The ordinance said: “Meetings and gatherings in public spaces of more than 2 people are prohibited.”
The current sentence corresponds to a request from the leader of the SPD parliamentary group of North Rhine-Westphalia, Thomas Kutschaty. He said last week that Parliament had to participate. “Now we are massively intervening again on basic rights. (…) That cannot be done simply by ministerial decree, by ministerial ordinance,” Kutschaty told WDR5. Consequently, he called for a “crown law.”
It has been changed more than 20 times since the first NRW crown protection regulation in spring. According to the Superior Administrative Court, there are already 25 urgent appeals against the current version, which has been in force since Monday.
