Bavarian Infection Protection Act

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Basic data
Title: Bavarian Infection Protection Act
Abbreviation: BayIfSG
Type: State Law
Scope: Free State of Bavaria
Issued on the basis of: Art. 74 No. 19, Art. 72 para. 1 GG
Legal matter: Special administrative law
Issued on: March 25, 2020 ( GVBl. P. 174 )
Entry into force on: March 27, 2020
Expiry: December 31, 2020
Weblink: Text of the law
Please note the note on the applicable legal version.

The Bavarian Infection Protection Act (BayIfSG) is a state law that the Bavarian State Parliament passed almost unanimously on March 25, 2020. The only vote against was that of the non-attached MP Markus Plenk . The reason for the law was the COVID-19 pandemic in Bavaria .

content

The BayIfSG contains provisions to safeguard public health in the event of a health calamity it in the Free State of Bavaria . In addition to and in addition to the competencies under state law , it is intended to expand the scope of action of the Bavarian State Government in the event of a disaster , which the Federal Infection Protection Act does not open up.

A health emergency exists "if a communicable disease within the meaning of the Infection Protection Act occurs or threatens to occur in such numerous or severe forms in the Bavarian population that the security of supply through the public health system appears to be seriously jeopardized." The state government can proclaim it on the basis of the BayIfSG as a collegiate body. (Art. 1 para. 1 sentence 1 BayIfSG, § 2 No. 3 IfSG). As part of a parliamentary control, the state parliament was expressly empowered to check the existence of a health emergency at any time and to declare its removal. The law is limited to October 31, 2020, but can be extended. The declaration of a disaster in accordance with the Bavarian Disaster Protection Act (BayKSG) remains expressly unaffected (Art. 1 Para. 1 Clause 3 BayIfSG).

Medical, nursing or sanitary material subject to a prohibition of obligations can be confiscated in favor of acute care . In addition, the competent authority can oblige suitable production companies to produce a specific type and quantity of medical, nursing or sanitary material immediately and with priority. Measures with an expropriating effect are subject to compensation.

In the event of a health emergency, all persons who - especially in the area of voluntary work - have sufficient medical or nursing competence to be able to provide auxiliary or temporary services, for example fire brigades , rescue services and welfare organizations , can also be called upon after notification by the Association of Statutory Health Insurance Physicians in Bavaria, suitable retired doctors. The competent authority can also require any suitable person to provide services, material and work, insofar as this is necessary to cope with the health emergency.

The district administrative authorities are usually responsible for enforcing the BayIfSG .

criticism

An expert opinion by the Scientific Services of the German Bundestag doubts the legality of the BayIfSG, at least in part. In particular, the authorization of the Federal Ministry of Health in § 5 Paragraph 2 No. 4 IfSG to take measures by way of ordinance to ensure the supply of items of personal protective equipment and products for disinfection at the federal level could conflict with the provision in Art. 2 BayIfSG, accordingly Having to hand over goods to the Free State of Bavaria. An obligation of doctors and nursing staff as in Art. 5 Para. 2 BayIfSG was considered for the federal law, but was expressly not made. Despite the competing legislative competence , the BayIfSG could therefore be null and void in accordance with the federal principle of federal law breaks state law ( Art. 31 GG).

See also

Web links

Individual evidence

  1. ↑ Corona: State Parliament passes law on "Health Emergency" BR , March 25, 2020.
  2. ↑ Florian Rötzer: Health emergency: "Every suitable person" should be able to be used to "provide services" heise.de, March 22, 2020.
  3. ↑ State government is now allowed to declare a health emergency in Bavaria Süddeutsche Zeitung , March 25, 2020.
  4. ↑ Dirk Uwer , Norman Koschmieder: Corona pandemic disaster : Obliged to help Legal Tribune Online , March 26, 2020.
  5. ↑ Information on the coronavirus, update from March 25th. In: stmi.bayern.de. March 28, 2020, accessed March 25, 2020 .
  6. ↑ cf. Bavarian Disaster Protection Act (BayKSG) of July 24, 1996 (GVBl. P. 282)
  7. ↑ State Parliament in Bavaria approves the new Infection Protection Act ärzteblatt.de , March 25, 2020.
  8. ↑ Section 65 of the Ordinance on Responsibility of June 16, 2015 (GVBl. P. 184) in the version of Art. 9a (3) BayIfSG of March 25, 2020.
  9. ↑ Legislative competence for infection protection Scientific services of the German Bundestag, elaboration of April 9, 2020.
  10. ↑ Bundestag report: Bavarian corona pandemic law not legal? Doctors newspaper , April 15, 2020.
  11. ↑ Opinion: Doubts about the Bavarian Infection Protection Act Bayerischer Rundfunk , April 15, 2020.
  12. ↑ Scientific service of the Bundestag: Bavaria's Infection Protection Act unconstitutional? Legal Tribune Online , April 15, 2020.
  13. ↑ Bundestag lawyers doubt the Bavarian Infection Protection Act Bayerische Staatszeitung , April 15, 2020.