Protection of fundamental rights in the coronavirus pandemic

Abstract

Has the situation of fundamental rights changed in times of the corona pandemic? One thing is certain: the protection of basic rights is not a one-way street that begins with the individual, but a promise of the Basic Law that must be implemented by all state powers. The legal system as such, not just the legal status of the individual, should be a free one. In the last few months, even the case law of the lower courts and the Federal Constitutional Court has proven to be rather pale. The merit of having brought about a fundamental change in the executive decision-making culture within the judiciary belongs in the perception of the author to the Supreme Administrative Court (OVG) Münster, which in its «Gütersloh decision» (OVG Münster, decision of 29.06.2020 - 13 B 940 / 20.NE - Lockdown Gütersloh) showed the way back to a normal proportionality test.