PANDEMIC AND CONSTITUTION: THE GERMAN EXPERIENCE

The fight against the pandemic, which thus far has proved a success in Germany, has led to an unprecedented restriction on fundamental rights. Nevertheless, these restrictions have always followed the requirements and limits established by the Constitution, respecting the principle of proportionality and the essence of fundamental rights. The suspension of those rights is not recognised by the Constitution, the basic law. Health emergency management was essentially based on the ordinary federal law concerning protection against infections. The regulations of the Federation member states, which established the essential measures, were based on that. Judicial review of all restrictions was possible without any legal impediments. Until now, case law has only made corrections in a few cases. The requirements of the rule of law have remained untouched. Germany's federal structure has made it necessary to coordinate the measures adopted by the memb(e)r state governments. This has led to a plurality of measures which has nevertheless been justified (b)y the principle of proportionality.