This week, Mainz lawyer Jessica Hamed, on behalf of her client, rejected all judges of the First Senate because of concerns about bias: The concern is justified because the First Senate at the hearing on the Bavarian Constitutional Protection Act, which also took place on Tuesday, without it would have been legally necessary to have ordered “2G-Plus-Plus” for all persons present, including those involved in the proceedings.
This means: Vaccinated persons also have to present a PCR test that is not older than 24 hours. If, for administrative reasons, the test did not arrive in good time before the start of the negotiations – which is quite conceivable given the overloading of laboratories – the plaintiff and their legal representative would automatically be excluded from the negotiations, although they were not at fault. The highest court thus created the “strictest corona rules in the republic”. The regulation is obviously in contradiction to the principle of the judicial public, so Hamed.
Hamed further explains the rejection request of her client by saying that she feared that she could be excluded from her own possible oral hearing as a person not vaccinated against Sars-CoV-2 and thus be impaired in her right to a fair hearing. In addition, she had to choose her lawyer based on vaccination status, which her client also refused.
Hamed told the newspaper Die Welt: “In my opinion, a court case with 2G-plus-plus rules is not controversial or dubious, but clearly unconstitutional.” one could claim right. “The court is the last bastion that must be freely accessible. Even 3G regulations are suitable for preventing people from watching. “
Criticism in this context also comes from the President of the Frankfurt Higher Regional Court. He explains that the courts of the republic are abstaining from such regulations in many places and may order 3G in order to comply with the principle of publicity and also points out that infections in the courtroom have remained rare exceptions so far.