Opposing "Freedom Day": Stance by a Previous Constitutional Court Justice
In recent news, several key figures in Germany have weighed in on the ongoing COVID-19 measures. Former Constitutional Court President Hans-Jürgen Papier and Andreas Gassen, head of the National Association of Statutory Health Insurance Funds, have expressed their views on the matter.
Papier, in an interview reported by the Funke media group's Saturday editions, has stated that he does not see the current situation as justifying a state-mandated 2G solution. The 2G rule, which refers to events where only vaccinated or recovered individuals, or tested but unvaccinated individuals, are allowed to participate, is currently a topic of debate.
Gassen, on the other hand, has suggested a "Freedom Day" similar to the UK, where COVID-19 restrictions would be lifted prematurely. However, Gassen opposes this step given the ongoing health situation.
Papier also specifies conditions for applying the 2G rule at events. According to him, a high-risk situation must be present for its enforcement. He further points out that ignoring "various legally significant circumstances," such as the current infection situation, healthcare system strain, and vaccination rate, would be irrational in setting a fixed date.
The accuracy of antigen tests is currently limited, which is a concern in the context of the 2G rule. Papier does not see the current situation as justifying a state-mandated 2G solution, stating that the conditions for such a solution are not met at present.
It's worth noting that private entrepreneurs have the freedom to implement a 2G solution for their services or events, based on the fundamental right to contract freedom. This means that while the state may not enforce a 2G solution, individual businesses can choose to do so.
In conclusion, while some are pushing for a "Freedom Day" and the widespread implementation of the 2G rule, experts like Papier caution against such moves. They argue that the current situation does not warrant such drastic measures and that careful consideration of various factors is necessary before any decisions are made.
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