On Monday, at APA’s request, it was said from his office that the work process had now started, details will follow.
If the regular law-making process is to be adhered to and the six-week period for review, which the Constitutional Service in the Federal Chancellery has repeatedly warned, is to be made possible, then the draft would have to be approved by the Council of Ministers as a government proposal around December 6th and sent for assessment.
In the December plenary session of the National Council (15/16 December), a so-called “launcher” for the law could be introduced during the assessment phase (in “first reading”) and assigned to the responsible committee – so that the project could then be carried out in the January plenary session can be decided. In the committee, the mandatory vaccination regulation could be attached to the “launcher” after completion of the assessment by amendment request – and the law then in the National Council plenum of 20./21. January to be debated and decided.
Video: Requirements for the CoV vaccination
After that, the Federal Council still has to approve the project, but this would require – if the vaccination requirement is to come into force on February 1 – a special meeting of the regional chamber. Because their next regular meeting after the January National Council plenum is not scheduled until February 3rd. After the Federal Council decision, the law still has to be signed by Federal President Alexander Van der Bellen and then announced.
One of the questions that needs to be clarified for the draft law is the amount of the penalty. A fine according to administrative law is planned. Constitutional Minister Karoline Edtstadler (ÖVP) has named graduated sanctions of up to 3,600 euros – in line with the considerations for the previously discussed mandatory vaccination for health professions.
3,600 euros would only be considered for “extremely serious” violations. In the “average case”, a penalty of 300 to 500 euros would be conceivable when imposed for the first time, said constitutional expert Peter Bußjäger (University of Innsbruck) on Monday in the Ö1 “Mittagsjournal”.
The lawyer and philosopher Hubert Niedermayr – author of the recently published book “Exit Covid! Plea for mandatory vaccination” – would consider an amount of 500 euros or more to be appropriate for first violations. An upper limit of 3,500 euros is known from the traffic fines area, which is understandable. The lower limit of 50 or 70 euros there would be “significantly too low” for mandatory vaccinations, he said in the Ö1 program “Punkt one”
How the compulsory vaccination will actually be implemented still has to be clarified. According to Edtstadler, unvaccinated people should first be invited to a vaccination appointment – and only if that doesn’t work, a fine should be imposed.
In any case, before the sentence is imposed, a first step must be taken with an official written request, says Niedermayr. This could also be the request with a deadline to get vaccinated. The fine would of course have to increase if several requests for vaccination are not followed, noted the lawyer who used to work as a lawyer.
Source From: Nachrichten
