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MIL OSI Translation. Region: Germany / Deutschland –

Source: CDU CSU

11/17/2020

3. Civil Protection Act specifies the legal basis for regulations of the federal states

Tomorrow, Wednesday, the 2./3. Reading of the Third Law for the Protection of the Population in the Event of an Epidemic Situation of National Concern. The deputy chairmen of the CDU / CSU parliamentary group, Dr. Georg Nüßlein and Thorsten Frei:

Georg Nüßlein: “With the 3rd Civil Protection Act, the German Bundestag specifies in detail the measures that can be taken by the local authorities and the federal states in the context of the current corona pandemic. The new Section 28a of the Infection Protection Act is the basis for this. He gives detailed protective measures to contain the epidemic. Clear additional limits are set for particularly sensitive prohibitions such as gatherings, church services or visits to retirement and nursing homes. Such measures may only be taken if an effective containment of the corona infections would be significantly jeopardized despite all other protective measures.

With the law we are preparing very specifically for a difficult time ahead. We therefore enable hospitals to keep intensive care beds free for any Covid 19 patients. We ensure compensation payments for this. We are also expanding the test capacities. In the future, laboratory tests for the corona virus may also be carried out by veterinary technical assistants. In addition to human physicians, dentists and veterinarians will also be able to prove the coronavirus. And we create the conditions for vaccinations as soon as a suitable vaccine against Covid-19 is available. “

Thorsten Frei: “The 3rd Civil Protection Act ensures that the democratic legitimation of protective measures in the corona pandemic is even stronger. In view of the long duration of the pandemic of almost eight months, it is right that we specify the legal basis and define the standards for the federal and state governments. We give the states a clear framework for the protective measures and thus ensure more Bundestag influence and at the same time more legal security. Parliament defines clear criteria under which the legislator may act and, in accordance with the principle of materiality, also determines clear weighing criteria in the sense of the proportionality test. Parliament is thus setting guard rails for flexible government action. In future, federal state regulations must be justified and limited in time. In this way, the requirement for transparency is even better met. In this way, the protective measures that are already possible now will be placed on an even more solid legal basis in the future.

The background to the adjustments that have now been made is, not least, that in recent court judgments the question has repeatedly been asked whether the legal regulations are clear enough on the basis of which the federal states order measures to contain pandemic by ordinance. In this serious crisis in our country, the greatest possible legal certainty is required. Some of the protective measures have a deep impact on our fundamental rights. Citizens can therefore rightly expect that the interventions are based on a reliable foundation. We ensure this with the 3rd Civil Protection Act. The German Bundestag can regain the powers granted at any time by either declaring the epidemic situation of national scope to be over or by amending the Infection Protection Act. But it is also clear: The protective measures are now more necessary than ever – the number of infections must go down. “

MIL OSI

EDITOR’S NOTE: This article is a translation. Apologies should the grammar and / or sentence structure not be perfect.

MIL Translation OSI