German court overturns the 2G rule at universities – unvaccinated students can attend classes

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Until further notice, unvaccinated students with a negative corona test are again allowed to take part in face-to-face events at universities in Baden-Württemberg!

2G rule at universities: The administrative court in Mannheim temporarily suspended the 2G regulation, which only allowed vaccinated and convalescent access.

2G rule at universities

Unvaccinated student submits appeal

An unvaccinated student had submitted an urgent application because he saw the 2G rule as a disproportionate interference with his basic rights. His request to relax the contact restrictions for non-immunized people, however, was unsuccessful.

With the so-called alert level II, the 2G rule was introduced at colleges and universities in the southwest at the end of November. Exceptions apply to practical events such as laboratory internships, exams and visits to libraries. The universities are obliged by ordinance to check the evidence.

▶ In the opinion of the Administrative Court, the 2G rule contradicts the fundamental right to freely choose the training facility. According to the case law of the Federal Constitutional Court, the activities required in the course of training are fundamentally protected. The Corona Ordinance intervenes in this right “in a serious manner”.

The 2G restriction could jeopardize the successful completion of a semester, argued the Mannheim judges, according to the announcement. This could lead to an extension of the course or even jeopardize the overall success of the course.

2G rule at universities

Ministry of Education lets universities decide on the implementation

The Ministry’s regulation does not specify which precautions universities have to take so that non-immunized students can take part in the course of study.

This could, for example, be an obligation to regularly hold face-to-face events as so-called hybrid events, i.e. with transmission on the Internet, or to record them and make them available to non-immunized students quickly. “A more detailed regulation should be necessary in particular because of the effects on the freedom of students to train,” it said.

2G rule at universities

Court decision on unvaccinated students is FINAL and includes all universities in Germany

According to the information, the decision of December 15 is final. According to a spokesman for the court, it applies immediately and to all universities in the country. The ministry could now change its rules, for example. There was initially no reaction from the home of Science Minister Theresia Bauer (Greens).

Incidentally, it is the second time within a very short time that a court has overturned the 2G regulation in a certain area. It was only on Thursday that the Higher Administrative Court in Lüneburg classified the 2G rule for retail in Lower Saxony as disproportionate and suspended it.

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