The constitutional judges gave the traffic light a shock of reality. It’s not about an abstract legal debate. It is a national emergency where extraordinary measures must be taken.
The highest judges allow politics to make different decisions in different situations. When the grand coalition pulled the federal emergency brake in April 2021, only the elderly and high-risk patients were vaccinated.
In view of the skyrocketing number of infections, the Karlsruhe judges felt the curfews and contact restrictions were necessary and proportionate. However, the judges are critical of the school closings. What was okay back then, from their point of view, would not stand up to any examination by the highest judges in the country today.
The need is greatest with Michael Kretschmer and Markus Söder
As expected, the two Prime Ministers from Bavaria and Saxony are the loudest about the verdict. The need is greatest with Michael Kretschmer and Markus Söder. Their vaccination rates are below average and the occupancy of the intensive care beds is dramatically high. Nevertheless, both of them have not yet exhausted their leeway as heads of state.
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Since they know how unpopular it is to crack down on cracks in the pandemic, they prefer to hide behind a nationwide regulation. Symptomatic of this is the announcement by the CSU boss that the Bundesliga games in Bavaria will again take place without spectators. A long overdue step, but for that he would have needed neither the traffic lights nor the executive federal government.
Without a doubt, the future government made up of the SPD, Greens and FDP will have to move. There is hardly a way around a general compulsory vaccination against Corona – especially after the appearance of the South African variant. Compulsory vaccination will no longer break the fourth wave, but it will prevent the fifth wave.
The designated Federal Minister of Justice, Marco Buschmann, has already suggested voting in the Bundestag without being compulsory for parliamentary groups. On the one hand, that would be a face-saving solution for the FDP, the majority of which have so far rejected a general compulsory vaccination. On the other hand, such a broad compromise is possible on this topic. The FDP no longer wins a beauty award. But if it’s her business, it’s a viable option.
The constitutional court ruling is not a free ticket for a nationwide area-wide lockdown. But where such severe restrictions are necessary, they must also be possible. But what the citizens don’t feel like doing at all shortly before Christmas is mutual accusation.
It is not wise for the Union to raise the corona issue, on which it has been acting unsuccessfully for a long time, as an opposition issue. Söder is now attacking Olaf Scholz and attacking him because a health minister has not yet been nominated. But with the Bavarian Prime Minister you never know: Is it about himself or is it real concern for the country. The external effect of such filth is always the same: it is fatal.
The traffic light is also not well advised to point your finger at the countries and the Union. The SPD, FDP and the Greens often co-govern in the federal states, the SPD even in the federal government. Olaf Scholz will be elected Chancellor next week. Then he has to explain the missing ICU beds, the incidence figures and the deaths. At the height of the corona crisis, the current chancellor said: “No matter who is formally responsible. In the end I am responsible. ”
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