Bans, and the Coronavirus: What authority has the last word?

The novel Coronavirus is spreading in Germany. To date, almost 1300 cases were reported to the Robert Koch-Institute. Several measures were therefore taken in the country: home quarantine, short-time work and prohibitions of events. But what authority, and when to Say it? And how such decisions arise? The Essential regulates the national infection protection act. Responsible for the implementation of the countries, the delegate mostly to their local health offices are. Grow the problems and nationally, takes on the country level.


Corona is the test for our whole society

Infection protection law regulates the measures

The powers on the Basis of the German infection protection act are very far-reaching. After that, events or gatherings may be banned. People can’t be required to leave a place – if necessary by force. For the protection of other people can also be secreted “in a suitable hospital or in any other appropriate manner”, – stated in the law.

The authorities must also have extensive on private land, or in airplanes, buses, trains check. In particular, the police will help in case of doubt, in the way of assistance.

By regulation may also be regulated in a way that train passengers will be checked at the border and to the clarification of a corona suspicion not allowed to travel. Also, the authorities can withdrawals of Blood and smears of skin and mucous membranes require.

The Federal government is foreign

The Federal government before it is the outside, such as the Bayreuth state law Stephan Rixen explains. “As a result of federalism, the Federal government has primarily a coordinating, non-operational tasks and powers.” Usually coordinating the country’s Ministry of health kidney at the country level in such complex layers of processes. The situation is more serious, takes, according to his words is usually a crisis staff from several state ministries in charge. The staff maintains contact with the Robert Koch Institute (RKI), the Federal Ministry and to the local level.

All the state assemblies must always be proportionate, says the lawyer Rixen. Measures should not be in the blue hit, you need to be determined with a view to the Affected as well as spatially and temporally and may be limited. The measures apply immediately – you are not so stop, as a rule, first of all, in court. “The effective protection of health protection takes precedence over effective law,” says the expert. “Always, the principle of Proportionality applies”, emphasizes Rixen.

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