D.he pandemic does not take a break on its own. You have to force it on her. The fact that the federal government has to provide the framework for combating an epidemic is in the nature of things, as is the federal structure of the state. The federal government does not have to regulate everything in the same way and in detail that takes place between North Friesland and the Oberallgäu – even if the states beg for it. Of course, it remains difficult to fight the virus effectively and on a large scale, given the many unknown factors that are still involved in its spread. But the citizens – and the constitution – expect intelligent answers to specific dangerous situations, which offer adequate protection and impair fundamental rights as little as possible.
But the widespread Corona fatigue has long affected politics. In any case, the nonchalant legal anchoring of measures whose effectiveness has not been proven at all is forbidden. In addition, the happily advancing vaccination campaign, i.e. the status of those who have been vaccinated and those who have tested negative, must be sufficiently taken into account.
And completely independent of constitutional questions, also with regard to the treatment of the states (which have to pay for the whole thing): a differentiated and convincing justification for a “federal emergency brake” is more important than ever in order to really reach the population. After all, regardless of legal requirements and controls, one is fundamentally dependent on their acceptance and cooperation when it comes to the desired avoidance of contacts.
The problem, however, is: the goals are often not clear, the numbers look like they have been rolled. Of course you need limit values; but they are not sacraments. It is also embarrassing that the deplorable state of digitization in this country, which is closely related to the pandemic situation, is often no longer mentioned by those responsible, let alone improved. At most, Federal Minister of Economics Altmaier announces that if necessary he wants to “fly in the best digital online team from Estonia”. An oath of disclosure that no curfew can make up for.
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