The discussion about the legal admissibility of a 2-G regulation in German professional sport is gaining momentum.
On Tuesday, the German Football League (DFL) claimed on its website: “A 2G certificate in the medical-hygienic concept as a prerequisite for participation in games and training operations, i.e. for the legally protected occupation of the players, would be equivalent to an association-law vaccination requirement without there being any statutory provisions on the basis of which employers could set vaccination requirements for their employees. ”In addition, even for employees in professional groups in“ health-sensitive areas ”, a vaccination obligation was“ expressly denied ”.
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In contrast, the sports lawyer Rainer Cherkeh considers the introduction of mandatory vaccination for Bundesliga professionals after a lead time to be permissible and necessary. “There is no need for any 'statutory provisions' for the DFL to introduce mandatory vaccination on the part of the association,” argues attorney Cherkeh to the FAZ Regulate the basis of authorization. This also applies if the requirements of the association - as here - affect the personal area at the same time. "
He sees the league association as having the "responsibility and duty" to make the right to participate in league games dependent on compliance with the 2-G concept after notification and lead time, unless individual players cannot be vaccinated for health reasons.
If, on the other hand, the DFL remains inactive, responsibility will be shifted to the individual clubs.
The introduction of a 2-G regulation would only make sense nationwide and under the umbrella of the league association and thus for all 36 clubs in the First and Second Bundesliga.
In addition, the duty of care towards the players speaks for the introduction of the 2-G concept in Bundesliga games.
The league association, which recommends vaccination for all those involved in the game, said on Tuesday that the vaccination rate among players, coaches and supervisors of the 36 professional clubs was more than ninety percent.Keywords: