Corona crisis: “If the authorities overshoot the mark, the courts are there to correct”

Mirror: At the weekend, numerous people demonstrated in Stuttgart or Berlin despite Corona bans. Do you understand that?

Friedrich Schoch: Naturally. Freedom of assembly and freedom of expression are important fundamental rights in a democracy, and it must be possible to make use of them even in times of crisis. This applies regardless of whether one takes a critical view of the composition of the groups or shares the content represented.

Mirror: Do you share the view that the state governments have intervened too massively in fundamental rights? There are barriers to contact, the practice of many professions is restricted, including freedom of assembly.

Schoch: These fundamental rights are subject to reservation, the legislator may impose restrictions or authorise the executive accordingly. The articles of the Basic Law concerned are mentioned in the law, so the constitutional citation requirement is complied with. The question of proportionality must be decided on a case-by-case basis.

Mirror: And what about that?