Justice – Hanover – Havliza on Corona demos: Often only marginally about the pandemic – Panorama
Hanover (dpa / lni) – According to Lower Saxony’s Justice Minister Barbara Havliza, the corona demonstrations are often only marginally about the pandemic. “Many of the participants ultimately said against everything that the state dictates to them, and they turn against it,” the CDU politician from the German Press Agency in Hanover. She observes “a questionable form of disenchantment with democracy and the state” in the demos.
Freedom of assembly and freedom of opinion are very important goods of the constitution. “But here people want to go as far as they can to provoke the rule of law and in some places to undermine it. If limits are crossed, we have to show a clear edge.” The police in Lower Saxony are currently doing an excellent job between offered de-escalation and tough action.
After crimes committed during corona demonstrations, the perpetrators should be held accountable more quickly in the future. “The public prosecutor’s offices in Lower Saxony were asked to use the accelerated procedure immediately in possible cases. Then a judgment should be reached as quickly as possible,” explained the minister. “Those affected should feel that their behavior has immediate consequences. That would probably have the character of a signal.” She cited injuring police officers as an example of an offense with accelerated proceedings.
According to the ministry, the search between the crime and the trial is reduced to a minimum in an accelerated procedure. In this way, perpetrators of minor crime can be effectively countered. This prevents, for example, perpetrators from going into hiding in the case of minor offenses because the conditions for pre-trial detention are not met. However, an accelerated procedure is not suitable for every type of crime – for example if the circumstances of the crime are disputed and complex evidence is required. The method has probably been around since the 1990s. Figures for 2021 are not yet available.
The Higher Administrative Court (OVG) in Lüneburg had overridden several corona measures in the state in the past few months, such as the 2G rule in retail. At times, Lower Saxony was the only federal state in Germany where people who were not vaccinated against the corona virus could go shopping.
With regard to the OVG, Havliza said: “The OVG in Lüneburg is not particularly strong compared to other courts. In Bavaria, the Administrative Court overturned 2G in retail just this week. The OVG Lüneburg has also confirmed many provisions from the Corona regulations, such as the Christmas rest.” It is an essential feature of a federal judiciary that courts in different federal states come to different decisions.
The minister spoke out in favor of compulsory vaccination for adults. “I think a kind of niche vaccination requirement for people over 50 is difficult. What do we do when a new variant comes along that also hits people under the age of 50 harder? Medium would be.” It is now the turn of the Federal Ministry of Health to formulate a corresponding draft law.
Havliza predicted that there will certainly be people who will sue against compulsory vaccination. That is her right. “However, I think compulsory vaccination is constitutionally possible. In my opinion, overburdening the health system is a legitimate purpose for compulsory vaccination.” If the federal government works professionally clean, a corresponding law will stand up in the courts.
Havliza warned against postponing compulsory vaccination because the course of the disease in the omicron variant of the coronavirus was milder. “We don’t know what’s coming next. I’m not only thinking of corona patients, but also of canceled operations and people with other illnesses. Those affected always have to worry that their operations will be postponed because beds for Covid “Patients are held up to it. In my opinion, we can only prevent this with compulsory vaccination.”
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