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Could Health Minister Anschober ban travel (within Austria)?
That could be argued, says constitutional expert Funk. There are exceptions to the exit restrictions: family or professional obligations, but also “staying outside to relax physically and mentally”. And that could include a vacation. Funk explains as an example: “If someone says during a police check that they are going to Tyrol for a walk in the mountains, then that could be allowed.”
However, Anschober could block certain (travel) areas on the basis of the Epidemic Act. It already did so in the spring when individual communities in Tyrol were quarantined.
Could Anschober close all the hotels so he can’t travel during the fall break?
Not all, but those in certain (red) areas. Closing deals does not necessarily mean that the healthcare system will collapse, but Anschober would have to show that “softer measures” are not enough. That would de facto make travel, at least one night’s stay, impossible.
As in Spain or Italy, can you be told not to go more than a few hundred meters from your home?
No, the law does not mention restricting the radius of the place of residence, says Funk. It is designed for action purposes and is designed to restrict entry and stay. Nor can house arrest be ordered. Funk: “The wording of the Covid Measures Law does not give the wording of the Covid Measures Law to say that not everyone is allowed to leave their private homes during the fall holidays.”
