Dhe future government alliance of the SPD, FDP and the Greens wants to present its first joint law, discuss it and have it passed in the Bundestag and Bundesrat – long before the Chancellor of the new coalition has been elected and the ministers appointed. The three future governing parties have not only been holding tough talks about the details of their coalition agreement for weeks with a total of almost 300 negotiators. They also agreed on a template relatively smoothly, which should form the new basis for possible corona restrictions.
So that your draft law can be discussed quickly in the newly constituted Bundestag, a special committee, the so-called main committee, is to be set up there to ensure the usual parliamentary process. This main committee takes over the function of the usual technical committees in parliament, which have not yet been formed. Because the question of which MP will take on which function in those committees will only be clarified once it has been established who will take over which functions in the future federal government from the coalition partners’ political personnel reserves.
The schedule agreed by the future governing parties stipulates that their corona amendment will be available for the first reading in the Bundestag next week, that the main committee will then be set up, which will then immediately hold a hearing on the future corona restriction rules in the draft law and that a week later the second and third readings will follow in the Bundestag.
Special meeting of the Federal Council on November 19
A special meeting of the Federal Council, which also has to approve the amendment, is scheduled for Friday, November 19, the state of Rhineland-Palatinate has already applied for it. As soon as the Federal President signs the bill, it will take effect – just under three weeks before the day in the first week of December for which the election of Olaf Scholz as Federal Chancellor has been envisaged.
There are factual and political reasons for the three parties willing to govern during their engagement to generate such a pace of legislation. The still incumbent Federal Minister of Health Jens Spahn had already announced weeks ago – the number of infections was much lower than currently – that the exception clauses in the Infection Protection Act, which are based on a so-called “pandemic emergency of national importance”, should not be extended again. In any case, the old federal government could not have brought about another extension with a cabinet resolution; it would have had to be confirmed by the new Bundestag.
The Free Democrats, who want to belong to the new government, would hardly have approved this action by the old cabinet. So they pushed ahead with a new regulation with their future partners. The political motivation was to no longer leave the Berlin stage of action to Minister Spahn, but also to the incumbent Chancellery Minister Helge Braun, who always coordinated the agreements between the federal government and the federal states, and in the end even to the executive Chancellor Angela Merkel.
The factual reasons for acting quickly, on the other hand, are increasing day by day. At the beginning, the FDP wanted that November 25th, on which the current “pandemic emergency” expired, to be rated as a small “day of freedom”. In the meantime this day has moved into the next spring. For the time being, a new catalog of restrictions should apply, which the new governing parties provide in their draft law. It is smaller than the old list of restrictions, and in addition to the already accepted regulations such as mask and distance requirements, it also includes the option for the federal states, certain freedoms only convalescent, vaccinated and tested (3 G) or only convalescent and vaccinated (2 G) to grant.