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In several federal states, housing bans have already been repealed, either by the states themselves or by the courts. In Schleswig-Holstein, however, the administrative judges rejected the corresponding urgent request.
The Higher Administrative Court of Schleswig-Holstein has rejected an urgent request against the ban on accommodation in the state. A family from the Recklinghausen district of North Rhine-Westphalia, who wanted to go on vacation to Sylt from Friday, had submitted the application.
If the implementation of the accommodation ban were now suspended, people from areas of domestic risk could come to Schleswig-Holstein for tourist purposes without being controlled, the judges said in the justification. In light of figures released Thursday on the rise in new infections, this could put the public health system at risk, “especially since the spread of the coronavirus is often undetected and difficult to control.”
The Schleswig judges emphasized that in view of the rapid increase in infections across the country, the state government was not obliged to wait until the situation in Schleswig-Holstein developed in a manner similar to that in the national risk areas. Taken together, the interest of the general population in protecting against the spread of the coronavirus outweighs the interests of the applicant family on a tourist trip. Because it is up to them to “make” the Sylt vacation “quickly” using a negative corona test. According to the 3rd Senate justices, the test is financially reasonable.
Sentences in Lower Saxony and Baden-Württemberg
The administrative judges of Lower Saxony and Baden-Württemberg had previously declared the ban on accommodation in their federal states illegal. The Lower Saxony Higher Administrative Court had argued that the accommodation ban “was not a necessary protection measure under the infection protection law”. It is doubtful whether the ban is appropriate and necessary.
The Mannheim Administrative Court justified the decision on an urgent motion by stating that the ban disproportionately interferes with the fundamental right to freedom of movement and is therefore likely to be unconstitutional.
Saxony and Saar also without prohibition
Subsequently, Saarland and Saarland also lifted the ban on accommodation for people at Corona hotspots. However, it was not the courts but the state governments that took care of this.
Saxony Prime Minister Michael Kretschmer said after a meeting with district administrators and mayors that the accommodation ban affects people “who have nothing to do with the disease.” Design type is not provided.
“The accommodation ban is out of date, because from the current point of view it no longer contributes to positively influence the infection process,” Saarland Prime Minister Tobias Hans said, justifying the decision. “The risk of infection overnight in a hotel while observing hygiene concepts is significantly lower than in other areas.” Also, testing capabilities would be depleted in the wrong place.
Söder: The accommodation ban will be gradually lifted
Later, the Prime Minister of Bavaria, Markus Söder, also distanced himself from the controversial national regulation. The restrictions for travelers from areas with a particularly high number of infections “are not in fact the important thing in the fight against the epidemic. This will now also be exhausted little by little”, said the head of CSU in the program ZDF “Markus Lanz “. This is also due to the fact that the courts partially take advantage of the bans. Söder said with a view to Bavaria: “It will also be our case that we let it come to an end little by little.” The prerequisite is that people adhere to the new and more stringent contact restrictions.
On Thursday, the Bavarian government decided that the accommodation ban for travelers from Corona hotspots should remain in effect until further notice. But it should be checked regularly until after the fall break.
