In the discussion on whether the Bundestag should extend the Corona emergency in November, Bavaria's Prime Minister Markus Söder (CSU) contradicted Federal Health Minister Jens Spahn (CDU).

In consultations with the health ministers of the federal states, Spahn recently spoke out in favor of the "epidemic situation of national scope" not being extended any longer.

Söder warned against this step on Thursday.

Kim Bjorn Becker

Editor in politics.

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When this happens, “there is no longer any de facto legal basis - no matter what.

Neither for testing in school, nor for masks, nor for completely normal ideas like 3G plus, or 2G or 3G, ”Söder told Bayerischer Rundfunk.

At that moment, “not just Freedom Day, but then there is no longer any possibility.

To a certain extent, society is then also defenseless ”.

The Bundestag's determination that an epidemic situation applies enables the federal and state governments to react to new developments in the corona crisis with ordinances and to restrict citizens' rights without parliaments having to agree.

According to the Infection Protection Act, which also defines possible corona measures, there is an "epidemic situation" if there is a "serious risk to public health in the entire Federal Republic".

There are two criteria for this.

First, the World Health Organization (WHO) must have declared a "health emergency of international concern" and there must be fear that a threatening communicable disease - in this case the coronavirus - will be introduced into Germany.

Second, a “dynamic spread of a threatening communicable disease across several countries” must be imminent or taking place in Germany for a pandemic emergency to be declared.

To justify his demand for an end to the emergency, Spahn is said to have stated that the Robert Koch Institute (RKI) only classifies the risk for vaccinated people as "moderate".

At the same time, he advocated that distance and mask rules should continue to apply even after the end of the emergency. This was "absolutely necessary", wrote Spahn in mid-October to the party and parliamentary leaders of the SPD, Greens and FDP. The FAZ has the letter; the three parties in Berlin are currently working towards the formation of a new federal government.

Experts disagree with Söder's statement that with the end of the "epidemic situation" there will be no legal basis for further corona measures. In the event that the emergency expires, the special protective measures listed in the Infection Protection Act would no longer apply, said administrative lawyer Hinnerk Wißmann from the University of Münster to the German press agency. "However, the federal states, which are already responsible for this, can continue to use the powers if the state parliaments so decide."

In Section 28a of the Infection Protection Act, the federal states explicitly have the option of continuing to apply corona measures after the end of an "epidemic situation", provided that the respective state parliament so decides. The law states that a federal state can apply the corresponding corona measures after the end of the "epidemic situation" "as long as and as long as there is a specific risk of the epidemic spread of the coronavirus disease-2019 (COVID-19) in a country “And the parliament in the country concerned decides that the measures should continue to be applied.

Spahn also pointed out this approach to the coalition partners in his letter. He also outlined an alternative. Accordingly, Paragraph 28a of the Infection Protection Act could be changed by the Bundestag so that the corona measures, which the state governments have been able to enact by ordinance so far, are no longer linked to the existence of a nationwide "epidemic situation". This would allow the state governments to update their Corona ordinances without needing a state parliament resolution.

Meanwhile, the federal states insist on a legally secure framework in order to be able to maintain corona measures through autumn and winter.

In a draft resolution for the annual meeting of the prime ministers this Thursday, on which the German press agency reported, the heads of state chancellery are said to have agreed to ask the federal government to ensure this.

The nationwide seven-day incidence of new corona infections rose again on Thursday and is now 85.6.

As the Robert Koch Institute (RKI) announced on Thursday morning, citing data from the health authorities, 16,077 new infections with the corona virus were registered within one day.

The day before, the seven-day incidence was 80.4, a week ago it was 67.