Whether or not Germany is still in the midst of a national pandemic is a matter of contention among political minds. Health Secretary Jens Spahn wants the coronavirus emergency lifted, but federal states are calling for uniform rules.
The future government partners must decide now. On Wednesday, the SPD, Greens and the FDP want to formally report on how the lockdown will continue and the obligation to wear masks.
Business Insider exclusively learned: The special rights won’t be extended beyond November 25th. Instead, there should be a transitional regulation for the federal states that allows only minor infringements of fundamental rights.
Curfews, contact bans, closed shops – all these ruthless interference with basic rights during the Corona crisis in the last year and a half must disappear again in the mothball of the future. Representatives of the Social Democratic Party, the Green Party and the Free Democratic Party no longer want to extend the state of emergency caused by Corona as a basis for anti-epidemic measures. Business Insider learned this exclusively from the Traffic Sign Consortium partner circles. The three parties, which are currently negotiating the formation of a future government, officially called a press conference on Wednesday morning.
According to the current situation, the plan is to completely delete Section 28a of the Infection Protection Act. This regulates actions nationwide from the obligation to wear masks and third-generation proof, to closing retail stores. However, there must be a transitional regulation for the federal states, which, however, allows only low-threshold abuses of fundamental rights. The special rule for countries will be in effect until March 20, after which a kind of “Freedom Day” could also be pending for Germany as in Great Britain (you can read the full paper with BI+ here).
Country leaders fear inconsistent rules
At their annual conference last week, state leaders called for a legal framework that would remain in effect, at the national level, to protect coronavirus protection measures. The MPK’s decision said: “It is (…) of paramount importance that countries (…) are given the opportunity to continue to take necessary and appropriate measures to prevent the spread of COVID-19.” Federal Health Minister Jens Spahn (CDU) had previously spoken in favor of not continuing to establish a nationwide epidemic after November 25, even though the number of infections was increasing. The Federation in the Bundestag transferred responsibility for the new organization to the three traffic light parties. She said the proposal should come from the new federal government.
There is time pressure, because decrees issued by state governments use the identification of the “epidemiological situation of national importance” in the Bundestag as the legal basis for their own corona measures. The Bundestag can discuss an amendment to the law on protection against infection at the meeting of November 9 at the earliest. If the coronavirus emergency is not implemented nationwide, state parliaments will have to participate. In politics, there is a fear that too many patchwork rules will be loosened and renewed. Baden-Württemberg Premier Winfried Kretschmann (the Green Party) described Spahn’s initiative as a “wrong signal”.