Private home Coronavirus inspection opposition by legal professionals
In a recent interview, ex-Federal Constitutional Court Vice President Ferdinand Kirchhof dismissed SPD politician Karl Lauterbach's call for COVID-19 checks in private homes, cheekily branding it "counterproductive." Kirchhof opined that the key to managing the pandemic lies in the majority of the population following the established rules "willy-nilly." Legal eagle Kirchhof noted that while it's within the law's grasp to enforce rules in select cases, threatening the cooperative population with the police could undermine overall acceptance of the measures, making it self-defeating.
Constitutional law expert Ulrich Battis echoed Kirchhof's sentiments, slamming Lauterbach's proposal as alarmist. Battis cautioned that it smacked of an impending police state, with officers knocking on doors and conducting checks, a notion far from reality. Both experts agreed that COVID-19 checks within private homes could, theoretically, be constitutional. However, they stressed the need for concrete, sufficient suspicion prompting the police to investigate, and absolute bewilderment at the idea of random checks.
Such exceptional measures would only be sanctioned if physical wellbeing is jeopardized, such as instances of child abuse. In cases where two COVID-positive individuals are attending a private gathering, it would be prudent for the police to conduct checks, albeit not in a dragnet operation where apartments were checked for light, the experts reasoned.
Jörg Radek, vice chairman of the police union GdP, also weighed in, emphasizing that Lauterbach's demand was a disregard for proportionality. He warned of a dangerous slide into a neighbor-rat culture, with busybodies exploiting the situation to settle scores. Radek contended that effective communication and understanding of measures would inspire greater compliance among the populace, minimizing the need for police involvement.
Photo: Apartment building, courtesy DPA
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Insights:Under Germany's Basic Law, essential principles of privacy and home sanctity protect private residences. Consequently, any COVID-19 checks in private homes would necessitate a robust legal basis and proportionality argument. Yet, their constitutionality remains uncertain, with no clear legislation or judicial sanctions determining their legality to date. In essence, such an approach could face fierce resistance from both the public and constitutional law experts.
- The constitutional law experts, including Ferdinand Kirchhof and Ulrich Battis, expressed concern over SPD politician Karl Lauterbach's proposal for COVID-19 checks in private homes, arguing that it could be seen as a step towards a police state.
- Jörg Radek, vice chairman of the police union GdP, argued against Lauterbach's demand for COVID-19 checks, stating that it disregards proportionality and could lead to a neighbor-rat culture.
- Both experts agreed that while COVID-19 checks within private homes could be constitutional under certain circumstances, such as instances of child abuse or private gatherings involving two COVID-positive individuals, they stressed the need for a robust legal basis, sufficient suspicion, and absolute caution to avoid encroaching on privacy rights.
