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Time and again there were legal concerns about regulations in the Corona crisis. Therefore, GroKo wants to adapt the Infection Protection Act to better ensure the measures. The Bundestag should vote on it on Wednesday.
The SPD has confirmed a grand coalition agreement to enhance the planned revision of the Infection Protection Act. This gives the crown protection measures more legal certainty, said SPD parliamentary group health policy spokesperson Sabine Dittmar and legal policy spokesperson Johannes Fechner in Berlin.
Anchor “special protection measures”
Specifically, a new paragraph 28a will be inserted, which regulates “special protection measures” against the spread of the crown. You should individually list what steps may be necessary, for example contact restrictions and distance requirements or mask requirements in public spaces. Bans, restrictions or closures of stores and events are also mentioned.
The new regulation will be approved on Wednesday first by the Bundestag and then directly by the Bundesrat. The background is criticism and legal doubts about the previous approach of the federal and state governments when establishing restrictions. The Union and the SPD had submitted a first draft on this. The revised draft has now reportedly been coordinated within the federal government and coalition groups, as well as with the federal states.
Objective: more uniformity and legal clarity
For restriction ordinances, a general public obligation to motivate will be introduced so that the essential reasons for decisions are transparent. According to the draft, there is also an obligation to set a time limit. The revised Infection Protection Act is also likely to restrict the powers of state governments. It is also legally stipulated that the social and economic effects of the crown protection measures must be taken into account and, in particular, social isolation must be avoided.
According to Dittmar and Fechner, the requirements for protective measures against the crown are specified in this way. Furthermore, the measures should be defined in the future in law, leading to greater federal uniformity and legal clarity.
According to the two SPD deputies, the federal government is also legally obliged to report to the Bundestag periodically on the evolution of the epidemic situation. The lack of participation by parliament was a major point of criticism from the opposition.
