D.The FDP calls on the federal government to present a concept for the orderly exit from special regulations in the corona pandemic by the end of the parliamentary summer break. Otherwise there is a risk that the epidemic situation of national scope could not be lifted only because since March 2020 “a difficult to understand tangle of regulations has emerged” that linked to such a state of emergency, according to a paper by the FDP parliamentary group. “The top priority in any exceptional situation is to return to normal as soon as possible,” demand the Liberals. The paper was available to the German Press Agency in Berlin on Sunday.
In the opinion of the FDP, the government coalition has extended the epidemic situation of national importance despite serious counter-arguments such as incidence, the situation in the hospitals or the vaccination rate. This allows the assumption that they are only continuing this constitutional state of emergency because its end would have significant effects on other regulations.
“In the debate about ending the state of emergency corona, the so-called epidemic situation of national scope is the pivotal point. The Union and the SPD have made it unnecessarily complicated to return to normal from this, ”said the First Parliamentary Managing Director of the FDP faction, Marco Buschmann, of the German Press Agency.
FDP criticizes the shift in power to the executive
The FDP calls for a cleansing of the table before the general election and for loosening the “fetters” between the individual regulations, in particular with a secure legal basis for protective measures. A new version of the Infection Protection Act (“Section 28a”) should not “be schematically linked to the presence of the epidemic situation”. Low-threshold measures such as hygiene concepts, compulsory masks or measures in the event of a local outbreak – so-called simple protective measures that do not deeply interfere with fundamental rights – should be able to be ordered below the threshold of an epidemic situation of national scope.
For planning and legal security in the health care system, the continued application of certain regulations for a transitional period should also be legally mandated. “Regulations must be identified that give the health system planning and legal security in view of the large special burdens. These must continue to apply for as long as necessary by means of an ordinance under parliamentary law, ”said Buschmann. “This also applies, for example, to regulations in the Federal Training Assistance Act or in the Family Care Leave Act that concern questions of social security.”
But that won’t happen overnight. “The German Bundestag can also meet at any time during the summer break and discuss draft laws. In any case, the FDP parliamentary group is ready for it, ”said Buschmann.
The FDP is fundamentally critical of the fact that the Federal Ministry of Health (BMG) receives extensive statutory authorizations as a result of a determination of the epidemic situation of national scope. “While ordinances usually specify laws, it is particularly problematic here that the BMG is allowed across the board to order regulations that deviate from parliamentary laws,” says the paper. The FDP criticizes this because “the axes of the separation of powers between parliament and the executive” would be shifted.