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Corona caused procedure flood of the Bavarian administrative courts
The Corona-crisis has brought the Bavarian administrative courts, it is a real method flood. Hundreds of proceedings and summary proceedings were or are still pending. Alone at the Bavarian administrative court, a spokeswoman for were to information already around 90 norm-of-control-fast-tracked-and 16-standard control procedure done in connection with the measures to curb the pandemic.
As a standard control refers to the process of judicial Review of legislation, with higher-ranking law such as the fundamental rights. 14 standard inspection emergency procedure and 60 standard control procedures were still pending, about the has not yet been decided. In addition, 16 of the complaints against the first instance were settled convictions, three, according to the court, still open.
Thematically, it was, according to a court spokeswoman initially the output restrictions in Bavaria in General, or to the provision, the need for a return from high-risk areas quarantined on their return. In addition, it came to freedom of Assembly and rules in the retail sector, where according to court information, a focus was. In particular, the differentiation according to the size of the sales area had been affected. “The mask of duty, as well as the arrangements for catering are made the subject of procedure.”
But it is not only the highest in Bavarian instance in administrative law has to do because of Corona a lot, the first instances. Of the six administrative courts in Ansbach, Augsburg, Bayreuth, Munich, Regensburg and Würzburg, a total of 129 procedure of the provisional legal protection and 35 the main thing were done in a procedure, such as the administrative court announced on request. Pending status 2 (. June) 55 proceedings on the merits and 26 fast-tracked.
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