SARS-CoV-2 Containment Measures Ordinance (Berlin)

from Wikipedia, the free encyclopedia
Basic data
Title: Ordinance on measures required to contain the spread of the new type of coronavirus SARS-CoV-2 in Berlin
Short title: SARS-CoV-2 containment measures regulation
Abbreviation: SARS-CoV-2-MaßnV
Type: Ordinance
Scope: Berlin
Issued on the basis of: Section 32 (1) Infection Protection Act
Legal matter: Special administrative law
Original version from: March 17, 2020 ( GVBl. P. 213 )
Entry into force on: March 18, 2020
Last revision from: March 22, 2020 ( GVBl. P. 220 )
Entry into force of the
new version on: 		March 23, 2020
Last change by: V of 19 May 2020 ( GVBl. P. 345 )
Effective date of the
last change: 		19th May 2020
Expiry: 5th June 2020
Weblink: Text of the regulation
Please note the note on the applicable legal version.
Ordinance as PDF as of March 24, 2020.

The SARS-CoV-2 Containment Measures Ordinance (SARS-CoV-2-Eind MaßnV) was originally issued on March 17, 2020 on the occasion of the COVID-19 pandemic in Berlin and came into force on March 18, 2020.

It replaced the SARS-CoV-2 containment ordinance of March 14, 2020 ( GVBl. P. 210 ).

history

The regulation was originally issued as the SARS-CoV-2 containment regulation on March 14, 2020.

First revision

The regulation was revised on March 17, 2020 as the SARS-CoV-2 Containment Measures Ordinance.

First regulation to amend the SARS-CoV-2 containment measures regulation

On March 19, 2020, the first ordinance amending the SARS-CoV-2 Containment Measures Ordinance was issued ( GVBl. P. 218 ). She added special regulations for workshops for people with disabilities to the ordinance.

Second regulation amending the SARS-CoV-2 containment measures regulation

On March 21, 2020, the second ordinance amending the SARS-CoV-2 Containment Measures Ordinance was issued ( GVBl. P. 219 ). It came into force on March 22, 2020 and added the regulation to the closure of restaurants, the ban on tourist overnight stays, the ban on gatherings of more than ten people and the requirement to have contact with people (apart from members of the own household) keep a minimum distance of 1.5 meters.

Second revision

The ordinance was revised on March 22, 2020 ( GVBl. P. 220 ). It was corrected on March 24, 2020 (GVBl. P. 224).

Ordinance amending the SARS-CoV-2 Containment Measures Ordinance

The ordinance was revised and fully reproduced by Article 1 of the ordinance of April 2, 2020 (GVBl. P. 234).

Second regulation amending the SARS-CoV-2 containment measures regulation

This amendment of April 9, 2020, in particular, revised the visiting regulations and quarantine regulations. It came into force on April 10th.

Third regulation amending the SARS-CoV-2 containment measures regulation

The Third Ordinance amending the SARS-CoV-2 Containment Measures Ordinance extends the validity of the SARS-CoV-2 Containment Measures Ordinance until the end of April 26th. It was issued on April 16, 2020 and came into force on April 18, 2020.

Fourth regulation amending the SARS-CoV-2 containment measures regulation

Article 1 of this amendment (GVBl. 2020 p. 263) redrafts the wording as a whole. The ordinance will now expire on May 10, 2020.

Fifth ordinance amending the SARS-CoV-2 containment measures ordinance

Article 1 of this amendment (GVBl. 2020 p. 287) redrafts the wording as a whole. The regulation will expire unchanged on May 10, 2020.

Court orders

OVG Berlin-Brandenburg

The Higher Administrative Court of Berlin-Brandenburg had on April 3, the appeal of a Berlin lawyer as inadmissible because it was not mandated by the (Berlin) legislature of judicial review of legislative acts under a law such as the SARS-CoV-2-EindmaßnV (ref. 11 S 13/20).

Federal Constitutional Court

In March 2020, a constitutional complaint against the SARS-CoV-2 Containment Measures Ordinance in the version of March 22, 2020 was lodged with the Federal Constitutional Court. The complainant asserted that the contact restrictions set out in Section 14 of the ordinance violated his fundamental rights to freedom of the person ( Article 2 of the Basic Law ) and freedom of movement ( Article 11 of the Basic Law ). The fundamental prohibition of public and non-public events, assemblies, gatherings and gatherings stipulated in § 1 of the ordinance affects his fundamental rights to the free practice of religion ( Art. 4 Basic Law ), freedom of assembly ( Art. 8 Basic Law ) and freedom of association ( Art. 9 Basic Law ) . The state interventions carried out by the ordinance are not covered by the authorization to issue ordinances in Section 32 of the Infection Protection Act. They are also disproportionate .

The Federal Constitutional Court did not accept the constitutional complaint for decision. Because constitutional complaints can in principle only be raised after the legal process has been exhausted , it referred the complainant to the administrative judiciary . The court also found that the constitutional assessment of the challenged provisions did not only depend on legal issues. Rather, virological, epidemiological, medical and psychological assessments and risk assessments are also important. Before an appeal is made to the Federal Constitutional Court, there is therefore a "need for a professional judicial preparation of the decision-making bases".

Constitutional Court of the State of Berlin

On April 17, the Constitutional Court of the State of Berlin rejected the application for the provisional suspension of various regulations of the SARS-CoV-2-MaßnV (file number: VerfGH 50 A / 20). A Berlin lawyer saw his rights being violated in an unconstitutional manner by the closure of libraries and the requirement not to leave his apartment. The court accepted the motion for decision, but declared it unfounded. It argued that the adverse consequences that would threaten the general public in the event of a suspension outweighed the complainant's disadvantages. The ruling contains a separate vote by two constitutional judges who consider the application to be "partially clearly justified".

See also

Web links

Commons : SARS-CoV-2 containment measures regulation (Berlin)  - collection of images, videos and audio files

Individual evidence

  1. ↑ https://www.berlin.de/corona/masshaben/verordnung/artikel.910134.php
  2. ↑ [1]
  3. ↑ Third ordinance amending the SARS-CoV-2 containment measures ordinance , Berlin.de, accessed on April 17, 2020
  4. ↑ Access to the lawyer: OVG Berlin does not check the corona rule , legal tribune online, April 3, 2020
  5. ↑ Federal Constitutional Court: Order of March 31, 2020 - 1 BvR 712/20. Retrieved April 8, 2020 .
  6. ↑ Unsuccessful urgent application by a lawyer in connection with the Covid19 pandemic , Berlin.de, April 17, 2020
  7. ↑ Berlin Constitutional Court rejects urgent application against corona rules , rbb online, April 17, 2020
  8. ↑ Full text, VerfGH 50 A / 20 , Citizens Service Berlin-Brandenburg