Mayer considers a restriction for unvaccinated persons “certainly to be a permissible measure, if one assumes that the virologists are right, that we are in a dramatic situation and that such a lockdown is suitable to counter these dangers”. However, he can only give a precise constitutional assessment if he is familiar with the regulation.
The proverbial “devil is in the details”: A lockdown for unvaccinated people is hardly controllable. “How do you want to check in public space whether all the people who are there are also vaccinated,” asks the lawyer. Therefore, there is a risk that the measure will be “ineffective and therefore unconstitutional”, since there is no justification or the prospect of success. He assumes that there will also be lawsuits.
A lockdown for all demanded by virologists would be “a straight path” for Mayer, which would be “relatively easy to control”. Restricting vaccinated persons could also be justified “from a medical point of view”, since they are also “infectious, can also get sick and can pass the virus on,” said the constitutional expert. A lockdown for everyone would therefore be “the most suitable and probably also the most permissible means”.
Source From: Nachrichten
