Brandenburg Retains Individual Review Process for Covid Fines Despite Court Ruling
The state of Brandenburg has decided not to automatically revoke fines that were issued for breaches of certain Covid-19 regulations, despite recent decisions by the regional constitutional court that declared some pandemic-related measures from 2020 and 2021 invalid. The court found that specific rules, particularly those related to mask mandates, lacked sufficient clarity.
Following the court's rulings, there have been calls, notably from the Alternative for Germany (AfD) party, for the automatic annulment of all affected fines and the reimbursement of already paid penalties. However, Brandenburg's government has opted for a more measured approach. The current policy stipulates that fines will not be lifted en masse; instead, an established parliamentary commission is tasked with evaluating the issue, including the possibility of an amnesty law for those impacted by the invalidated rules.
Health Minister Britta Müller explained that the government is committed to a legislative process rather than immediate overturning of fines issued under now-invalid regulations. The minister emphasized that the administration must address justified criticism when measures are found to be overly vague or unlawful. Still, the government will not implement automatic refunds or dismissals of fines without due process.
The AfD maintains its stance against the Covid-19 regulations in general and is seeking comprehensive reimbursement for all individuals penalized under the now-defunct mandates. The party argues that citizens should not be held accountable for mistakes in state policy and deems the refusal to automatically refund fines as arbitrary.
Other political parties in the Brandenburg parliament hold a different view. The Social Democratic Party (SPD) emphasized that the court did not find the state's broader Covid response to be unconstitutional overall. Members of the Brandenburg Social Welfare Party (BSW), a coalition partner, advised those affected by fines to actively contest their penalties, as the court's decision only provides grounds for individual appeals rather than blanket annulments.
The constitutional court's decisions specifically addressed mask mandates in retail spaces and public venues during different periods in 2020 and 2021. The court determined that while the intention to protect public health was justified, the wording of some mandates did not clearly define circumstances under which masks were required, creating confusion for businesses and the public alike. As a result, fines linked to these ambiguous rules lack a legal basis.
Additionally, the court reviewed limitations placed on public gatherings and demonstrations, concluding that certain restrictions disproportionately infringed on the right to assemble. While the court acknowledged that masking requirements during the pandemic were generally justified to safeguard health, it identified deficiencies in the legal clarity and proportionality of some rules.
In summary, Brandenburg's government is taking a cautious approach, choosing not to implement an automatic process for lifting Covid-related fines. Instead, it encourages affected individuals to pursue appeals on a case-by-case basis, while the state parliament continues to examine the issue through legislative channels. The debate reflects the ongoing complexity in balancing public health measures with individual rights and legal certainty in the aftermath of the pandemic.