What is in the draft law on the Infection Protection Act?


SThe PD, Greens and FDP have announced that they will not be extending the “epidemic situation of national importance”, which expires at the end of November. So far, it has been the basis for numerous and comprehensive instruments for combating pandemics. The traffic light parties now want to move to “targeted” instruments, regardless of the “special right” of the epidemic situation, as stated in the draft law.

It is to be debated in the Bundestag on Thursday and decided next week. What then will be allowed to combat the fourth wave? Who decides about it? And what about the schools? An overview of the most important questions.

What measures are possible in the future?

The measures to combat pandemic should continue to include distance requirements, mask requirements and 2-G and 3-G concepts. There are also hygiene concepts, for example for hotels and museums. For schools and universities, conditions can still be imposed and the specification of contact details, for example in restaurants, can be ordered.

Who decides about it?

As before, the federal government provides the framework within which the states decide whether to make use of the measures. The draft law does not provide for the participation of their parliaments. There it says: “A decision by the state parliaments appears in view of the lower level of intervention in the preventive measures required in the future. . . no longer required. This takes better account of the need for quick response options. “

What will not work in the future?

If the epidemic situation comes to an end, the federal states can no longer fall back on the large catalog of Paragraph 28a of the Infection Protection Act. This provides for extensive options, such as general exit and contact restrictions. Closing restaurants, shops or theaters should also no longer be possible in principle; there should no longer be a lockdown. Even a detour to the extensive catalog, which was only introduced in September, should no longer be possible in the future. It provides that a country – in the event that a national epidemic no longer exists – can have its parliament determined that it has been particularly affected by the pandemic. The many instruments are then available again. The draft law wants to delete this regulation.


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