Answer questions
Federal Minister of Health Jens Spahn wants to let the epidemic emergency run out in November. That would be a step towards normality – but not the end of all corona requirements. The most important questions and answers at a glance.
It has been in effect since March of last year and was most recently intended to create legal certainty for the measures taken by the countries in the corona pandemic: the epidemic situation of national importance. Federal Health Minister Jens Spahn (CDU) now wants to let this expire at the end of November – but this should by no means mean the end of all conditions.
When is the epidemic situation of national importance?
According to Paragraph 5 of the Infection Protection Act, it exists “if there is a serious risk to public health in the entire Federal Republic of Germany”. This is the case, for example, with the “dynamic spread of a threatening communicable disease” in several federal states.
Who decides whether the emergency exists?
The Bundestag always decides that. It determines by resolution that an epidemic situation will continue for three months, but can also revise this before this period has expired. If he does not take another decision, the emergency will expire after three months. It was last decided on August 25th and would therefore expire on November 25th without an extension.
What follows from the epidemic situation?
According to the Infection Protection Act, it is the basis for the restrictions in the pandemic, for which the federal states are mostly responsible. These include distance requirements, mask requirements, contact restrictions or the obligation to submit proof of vaccination, recovery or test.
The federal government also has special powers. In the event of an epidemic, for example, the Federal Ministry of Health is entitled to take measures by ordinance to secure the supply of drugs, vaccines, laboratory diagnostics, protective equipment or disinfectants.
And another regulation is linked to the epidemic situation: the obligation for employees in nursing homes, daycare centers and schools to provide information about their vaccination status, which was only introduced in September.
Can corona measures be maintained without the epidemic situation?
Yes. The end of the emergency does not mean that there will be no more restrictions in the future. Spahn advocates keeping the 3G principle and aha rules in the interior. And not least because of the increasing number of infections, it is unlikely that the mask requirement on buses and trains will fall at the end of November.
In order to allow these measures to continue to apply, the Infection Protection Act could be amended so that in future they are no longer linked to the epidemic situation – and the restrictions can consequently also apply if this no longer exists.
And the law in its current version also leaves a back door open. Because the measures can be maintained in individual federal states even without an epidemic situation – if there is a risk of spread. However, this must then be decided by the respective state parliament, which it can do for three months at a time.
