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The draft law of the Ministry of Health is being reviewed again. Wide-ranging violations of fundamental rights should be made possible.
Vienna The government wants to give itself broad legal options in the fight against the corona pandemic. The bill to amend the law to be approved on September 23 is now in parliament. There had been massive criticism of the plans beforehand; some of these plans are no longer reflected in the text.
In addition, possibilities for curfews and entry bans should be created. For public space, in general, what the Health Minister Rudolf Anschober (Greens) wanted to enforce in the blockade by regulation should apply. However, this was later classified as illegal by the Constitutional Court.
An entry ban with exceptions will now be enshrined in law: anyone who has to help someone can leave. Those who work or have to meet their “basic necessities of daily life” too – what the latter include is not legally defined. “It should also be guaranteed to always stay outdoors for physical and mental relaxation. It is questionable whether this also includes a coffee with a friend.
The state regulates privately
But it should also be possible to regulate parts of the private sector. The bill provides for a ban on entry to “certain private areas”. The explanations indicate that this could mean club rooms, private sports facilities, or premises not rented for residential purposes. It is also explicitly stated: Entry bans may not be imposed under any circumstances on private living areas. This also includes cellar compartments, garages, and the like.
Other measures include arranging mouth and nose protection or distance regulations. If the rules are violated, fines of up to 1,450 euros are imposed or, alternatively, prison terms of up to four weeks. Mandatory exams could soon be held in schools ordered by the minister (without notifying parents). The Crown Commission is now also legally anchored for the first time, but not how it is composed.
Anschober had announced that he would like to better involve parliament in far-reaching decisions in the future; He’s trying to keep the promise with this bill. In the future, ordinances that are of special relevance to fundamental rights will require the approval of the main commission. Solo: State and district captains can pronounce regional tightening. Media: if exit restrictions are issued across the country, parliament is involved, if a district captain orders such violations of fundamental rights, no. The social spokesman for Neos, Gerald Loacker, criticizes it: “The district captain who is not democratically legitimized can intervene in a more massive way than the minister,” he tells the “press.” But Loacker also finds words of praise for the new design: “The formalities for the gastronomy are not going according to plan. It’s good.”
Originally, “companies, organizers and associations” should have been obliged to keep the personal contact details of guests, visitors, customers and employees for 28 days. The gastronomy protested. Now it is only planned that data on cross-border travel will be available to the Ministry of Health on request. Hotels, airlines and railways are explicitly mentioned. The regulation should only focus on data that is already available.
Additional review period
The president of the FPÖ club, Herbert Kickl, is not satisfied with the draft, he speaks of “political-health martial law and continuous overexploitation of basic and civil rights”. The draft sets the stage for another blockade.
The SPÖ is still busy with the analysis: the draft arrived very late on Monday night. “However, when we push it, there is at least one more review period that was not planned in advance. For us it was important ”, the deputy director of the SPÖ club, Jörg Leichtfried, tells the“ press ”. The health committee will also meet one more time before the draft is adopted on September 23. The amendment was presented to the National Council on Monday.
