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Germany: Police raid on Weimar judge after he ruled against wearing face masks in schools

Weimar - After a judgment by a Weimar family judge against the corona mask requirement in schools, the police searched his living and working rooms. The raid was preceded by the start of preliminary proceedings by the Erfurt public prosecutor's office on suspicion of perversion of the law, reports the dpa news agency.

Accordingly, the question is whether the judge has arbitrarily exceeded his jurisdiction with his decision. In an interim order at the beginning of April, the lawyer ordered that children at two schools in Weimar would not have to wear masks in class, contrary to the Ministry of Education's hygiene policy. The resolution also prohibited the school management from stipulating minimum distances, protective masks and corona tests.

The family judge relied on three reports that deny the effectiveness of several corona measures. He also stated that schools played no part in the course of the pandemic. In contrast, the Weimar Administrative Court recently declared the use of masks in class to be legal in an urgent procedure. The administrative judges classified the decision of the family judge as "obviously unlawful".

Family courts are not allowed to issue orders to authorities
They justified this, among other things, with the fact that the family court had no authority to issue orders to authorities and their representatives. There was no legal basis for this competence. According to the dpa, administrative courts make decisions about hygiene policies.

The "Critical Judges Network" condemned the raid, in which a mobile phone and other evidence had also been seized. “In our opinion, it is a blatant encroachment on judicial independence. With this measure, no judge in Germany will dare to make a decision that goes in this direction, ”said a spokesman for the association to Tichys Einblick. In addition, the search is likely to be illegal.

The decision of the family judge is "unusual", but it moves "completely" in the sense of the previous legal dogmatics. "A perversion of the law is only possible in the case of blatant and arbitrary violations of the applicable law, and only if this is done deliberately. Actual indications of such a blatant case are not discernible."

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