Is Markus Söder stopping home vaccination? It doesn’t look like that. Unvaccinated nurses will soon have to deal with the health department. The consequences of the hiccup are not yet foreseeable.
The FDP sees a possible tyranny due to Markus Söder’s (CSU) recent corona maneuver – the SPD accuses Bavaria of irresponsibility.
However, both sides seem to want to avoid further escalation – now the introduction in Bavaria is only to be postponed by a few weeks. However, the dispute over the obligation to vaccinate nursing and hospital staff is likely to damage the reputation of the corona management as a whole – the effects on the much larger project of general obligation to vaccinate are not yet foreseeable.
The status of the dispute over the institution’s obligation to vaccinate:
The law passed in December with a large majority of the Bundestag and Bundesrat applies. Employees in nursing homes and clinics must submit proof of being vaccinated or recovered by March 15th or a certificate that they cannot be vaccinated. Söder had announced the temporary “suspension of enforcement”. Otherwise chaos threatens because of open questions. The German Association of Cities argued in a similar way – it should be clarified: “Should unvaccinated people usually no longer be allowed to work after March 15?” Or should they be allowed to continue working if operations would otherwise be disrupted?
Söder against the federal government – giving in in sight:
Federal Minister of Justice Marco Buschmann (FDP) warned on Twitter that if the government chooses which laws to adhere to, “tyranny is not far off”. Bavaria’s Health Minister Klaus Holetschek (CSU) has now announced a foreseeable end to the Bavarian blockade: the introduction will be postponed by a “few weeks” due to many open questions.
The prospects for unvaccinated workers:
There is an obligation to provide proof. Employers must inform the health authorities about employees without proof. According to the government, those affected may continue to be employed until the respective office has made the decision on a possible ban on entry or work. First of all, the Office has discretionary powers. However, if an employee ends up losing their job in a home or clinic due to a lack of vaccination, they do not have to lose their entitlement to unemployment benefits. There is also discretion at the employment agency. Legally, it depends on whether the person concerned is available for the labor market, also in other sectors.
Söder’s motives for the maneuver:
From the former co-leader of the “Team Caution” the buzzwords “a sense of proportion” and “hope” are more likely to be heard today. In Bavaria alone, Söder is pushing ahead with easing. As a reminder: In autumn 2023 there will be elections in Bavaria. When it came to compulsory vaccination, the health ministers of the federal states had also called for an “implementation time” – and, according to Söder’s government, counties and associations are up in arms. Health authorities, which are already overburdened, would have to listen to those affected and make decisions on a case-by-case basis. Behind the concerns is also the concern that too many nurses will migrate if there is partial vaccination.
Can a state suspend a federal law?
Not really. “Only the federal legislature can decide whether to suspend a federal regulation,” explains a spokesman for the Federal Ministry of the Interior. In the event of illegal execution by the state administration, the supervisory rights provided for in Article 84 of the Basic Law apply: “The federal government exercises supervision that the states implement the federal laws in accordance with the applicable law.” It can, for example, send representatives to the highest state authorities. In the end, the Federal Council can decide whether the country has violated the law.
Possible hope for opponents of compulsory care vaccination:
You can hope that the Federal Constitutional Court will temporarily suspend the provisions. Karlsruhe will decide on an urgent application against the law this Friday. Most recently, around 300 plaintiffs lodged 74 constitutional complaints against compulsory nursing vaccinations in Karlsruhe.
Possible effects on the general obligation to vaccinate:
Saxony-Anhalt’s Prime Minister Reiner Haseloff warns of the possible effects. The CDU politician told the dpa: “If it is not possible to get facility-related vaccination requirements sensibly on the way, then I see little chance for general vaccination requirements.” The background is that it is not yet certain whether a general vaccination requirement will get a majority in the Bundestag and to what extent it would be followed by current opponents of vaccination. The coalition said on Thursday that the Bundestag should discuss the applications for general compulsory vaccination that will be available next week. Then the legislative process, including the Federal Council, should be completed by Easter.
Source: Stern
David William is a talented author who has made a name for himself in the world of writing. He is a professional author who writes on a wide range of topics, from general interest to opinion news. David is currently working as a writer at 24 hours worlds where he brings his unique perspective and in-depth research to his articles, making them both informative and engaging.
