German travel ban for Obwexers EU-contrary
European law expert Walter Obwexer from the University of Innsbruck considers the travel ban imposed by Germany for private travelers from Tyrol via the Small and Large German Corner to be contrary to the EU. “The entry ban is undoubtedly not proportionate when it comes to simply passing through,” Obwexer explained to the Tyrolean daily newspaper (Tuesday edition).
“In these cases, people passing through from Tyrol do not pose a health risk in Germany because they are only allowed to pass through, but are not allowed to stay in Germany,” continues Obwexer. Entry and exit could be controlled. In any case, the associated administrative effort is not a justification for restricting fundamental freedoms, said the European law expert.
Obwexer hoped that the EU would still be active – if necessary, also through the legal process. “Even if a judgment should come too late, it would provide an important legal clarification of the room for maneuver the member states have in such a pandemic situation,” said Obwexer.