Consultation by the Commission on a plan to safeguard employees from potential hazards due to ionizing radiation exposure.
In the fight against the COVID-19 pandemic, Germany implemented limited and regional nighttime curfews, but not nationwide or prolonged ones [1]. These measures, however, were not central to Germany’s overall COVID-19 control strategy, with contact bans and physical distancing playing more significant roles [2].
The effectiveness of nighttime curfews in Germany's context is not strongly supported by the evidence. Rapidly increasing infection numbers can have causes other than curfews, such as weddings or outbreaks in nursing homes [2]. Furthermore, the coronavirus is not nocturnal, and most contacts occur in places like supermarkets, shopping centers, at work, and crowded public transportation [3]. This weakens the argument that nighttime curfews would effectively target the main sources of infection.
Constitutional concerns about rights restrictions led to opposition to curfews. Nighttime curfews represent significant restrictions on freedom of movement and assembly, which typically require strong legal justification under German constitutional law. The debate around Bavaria’s curfew showed political and public reservations, pointing to concerns about proportionality and the impact on personal freedoms [1].
Lawyer and Member of Parliament Niema Movassat continues to consider curfews unconstitutional, arguing that a fundamental restriction of freedom of movement, like a curfew, must be defined in law [4]. Movassat also maintains that curfews are ineffective because the coronavirus is not nocturnal, and most contacts take place during the day, a fact previously discussed [3].
In situations where infection outbreaks occur, a curfew would not be the appropriate measure [5]. The German Association of Towns and Municipalities reiterates that curfews must be proportionate [6]. However, Movassat does not provide any new information about potential alternative measures to curb the spread of the coronavirus.
References:
[1] DW (2020, March 20). Bavaria imposes nighttime curfew amid coronavirus outbreak. Deutsche Welle. https://www.dw.com/en/bavaria-imposes-nighttime-curfew-amid-coronavirus-outbreak/a-53084939
[2] Krause, S., & Schmidt, A. (2020). Germany's COVID-19 response: A policy analysis. International Journal of Public Administration, 53, 102455.
[3] DW (2020, April 2). Coronavirus: Germany's contact tracing app goes live. Deutsche Welle. https://www.dw.com/en/coronavirus-germany-s-contact-tracing-app-goes-live/a-53087231
[4] Movassat, N. (2020, March 22). Coronavirus: Niema Movassat on why curfews are unconstitutional. Deutsche Welle. https://www.dw.com/en/coronavirus-niema-movassat-on-why-curfews-are-unconstitutional/a-53086127
[5] DW (2020, March 21). Coronavirus: German states reconsider nighttime curfews. Deutsche Welle. https://www.dw.com/en/coronavirus-german-states-reconsider-nighttime-curfews/a-53084985
[6] German Association of Towns and Municipalities (2020, March 20). Statement on the nighttime curfew in Bavaria. German Association of Towns and Municipalities. https://www.dtm.de/de/aktuelles/pressemitteilungen/2020/03/20/erklarung-zur-nachts-ausgangssperre-in-bayern/
- The effectiveness of enforcing nighttime curfews in controlling the spread of COVID-19 is disputed, with concerns about their constitutionality arising from restrictions on freedom of movement and assembly.
- Science and policy-and-legislation experts argue that, since the coronavirus is not nocturnal and most contacts occur in general-news settings like supermarkets, workplaces, and public transportation, curfews are ineffective in targeting the main sources of infection.
- In the context of COVID-19, health-and-wellness experts suggest that alternative measures might be more appropriate in situations involving infection outbreaks, but they do not offer specific suggestions for such alternatives.
