According to the #Bundesverwaltungsgericht (#BVerwG), the #exit restriction based on the Bavarian #Infection Protection Measures Ordinance of March 27, 2020, as amended by the Amendment Ordinance of March 31, 2020 (#BayIfSMV) was disproportionate. This follows from the press release No. 70\/2022 of 22.11.2022. In order to achieve the legitimate goal of reducing physical contact with people outside one’s own household to an absolute minimum (\u00a7 4 para. 1 sentence 1 #BayIfSMV), milder measures such as #contact restrictions, which would have allowed staying outdoors with members of one’s own household, would have been available. Therefore, the severe encroachment on the #fundamental rights of the addressees, namely the all-day ban on leaving one’s own home to spend time outdoors, was unlawful. The fact that leaving one’s own apartment was permitted for valid reasons according to \u00a7 4 para. 2, 3 #BayIfSMV does not change this. Cogent in this sense were e.g. occupational activities, #doctor’s visits, shopping, the exercise of custody and contact rights, accompaniment of minors, #escorting, #funerals in the closest family circle as well as #sports and exercise in the fresh air alone or with members of the own household and without any other #group formation. Meanwhile, one was not even allowed to sit alone on a park bench to read a book, as this was not associated with #sport or exercise. For the supervision of the observance of the #exit restriction the #police was appointed.<\/p>\n
Already the lower court, the Bavarian #Verwaltungsgerichtshof (#BayVGH) had considered the #exit restriction as too narrow and therefore disproportionate. The fact that the #executive tends to overshoot the mark during the #pandemic has already been pointed out by attorney Prof. Dr. Dr. Karsten Fehn and attorney and tax advisor Dr. Dr. Bernd Josef Fehn in their specialist paper<\/p>\n
“Measures for #pandemic control and the principle of #proportionality using the example of amateur equestrian sports, SpuRt – #Sport und #Recht 2022 (Issue 2\/2022), p. 86 to p. 91”<\/p>\n
pointed out. Once again, blind actionism especially of #health policy proves to be wrong.<\/p>\n","protected":false},"excerpt":{"rendered":"
According to the #Bundesverwaltungsgericht (#BVerwG), the #exit restriction based on the Bavarian #Infection Protection Measures Ordinance of March 27, 2020, as amended by the Amendment Ordinance of March 31, 2020 (#BayIfSMV) was disproportionate. This follows from the press release No. 70\/2022 of 22.11.2022. In order to achieve the legitimate goal of reducing physical contact with […]<\/p>\n","protected":false},"author":4,"featured_media":5333,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":"","_links_to":"","_links_to_target":""},"categories":[46,47],"tags":[],"class_list":["post-5738","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-blog-en","category-medical-law"],"acf":[],"permalink_manager":null,"_links":{"self":[{"href":"https:\/\/fehn.mdk24.de\/en\/wp-json\/wp\/v2\/posts\/5738","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fehn.mdk24.de\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fehn.mdk24.de\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fehn.mdk24.de\/en\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/fehn.mdk24.de\/en\/wp-json\/wp\/v2\/comments?post=5738"}],"version-history":[{"count":0,"href":"https:\/\/fehn.mdk24.de\/en\/wp-json\/wp\/v2\/posts\/5738\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/fehn.mdk24.de\/en\/wp-json\/wp\/v2\/media\/5333"}],"wp:attachment":[{"href":"https:\/\/fehn.mdk24.de\/en\/wp-json\/wp\/v2\/media?parent=5738"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fehn.mdk24.de\/en\/wp-json\/wp\/v2\/categories?post=5738"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fehn.mdk24.de\/en\/wp-json\/wp\/v2\/tags?post=5738"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}