Corona regulation

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Basic data
Title: Ordinance of the state government on infection protection measures against the spread of the SARS-Cov-2 virus
Short title: Corona regulation
Abbreviation: CoronaVO
Type: Ordinance
Scope: Baden-Württemberg
Issued on the basis of: Section 32 (1) Infection Protection Act
Legal matter: Special administrative law
Original version from: March 16, 2020 ( Journal of Laws p. 117 )
Entry into force on: 17th March 2020
Last revision from: 23 June 2020 ( Journal of Laws p. )
Entry into force of the
new version on: 		June 24, 2020
Expiry: October 31, 2020
Weblink: CoronaVO
Please note the note on the applicable legal version.

The Corona Ordinance - CoronaVO (official title: Ordinance of the state government on infection protection measures against the spread of the SARS-Cov-2 virus) was issued on the occasion of the COVID-19 pandemic in Baden-Württemberg on June 23, 2020 and came into effect on June 24, 2020. June partially and July 1, 2020 in full. The basis is Section 32 of the Infection Protection Act . The Corona regulation replaced the identical regulation of May 9, 2020, this replaced the identical regulation of March 17, 2020 and this replaced the identical regulation of March 16, 2020.

content

The content of the ordinance of the state government on infection protection measures against the spread of the SARS-Cov-2 virus in the version of March 16, 2020 ( Journal of Laws p. 117 ) was the closure of schools and daycare centers from March 17, 2020 and emergency care at these . In addition, all colleges and universities in the country were prohibited from studying, the freedom of assembly was restricted, visiting clinics, retirement and nursing homes and facilities for the disabled were set, and the operation of restaurants was only allowed under strict conditions. Cultural institutions of all kinds, educational institutions of all kinds, cinemas, swimming pools, sports facilities, libraries, prostitution businesses, discos, clubs and bars had to cease operations. The regulation should expire on June 15, 2020.

First revision

The ordinance of the state government on infection protection measures against the spread of the SARS-Cov-2 virus ( Journal of Laws p. 120 ) was announced on March 17th, replacing the CoronaVO of March 16. In addition to the contents of the version of March 16, the list of facilities to be closed around playgrounds, football fields, amusement parks, animal parks and all retail outlets (with the exception of retail [es] for food, weekly markets, pick-up and delivery services, beverage markets , Pharmacies, medical supply stores, drugstores, petrol stations, banks and savings banks, post offices, hairdressers, dry cleaners, laundrettes, newspaper sales, farm shops, Raiffeisen, DIY, horticultural and pet supplies markets and wholesalers ). The regulation should expire on June 15, 2020.

Ordinance amending the CoronaVO

On March 20, 2020, the state government's ordinance amending the Corona Ordinance ( Journal of Laws p. 133 ) was announced and came into force on the following day. With the change, more than three people were prohibited from lingering in public spaces . In addition, all gatherings, including those in private, with more than five people were banned. Trips from the risk areas to Baden-Württemberg were only allowed to work, to deliver goods and for special personal reasons (e.g. death). Restaurants had to close, the pick-up and delivery service was still permitted. Hairdressers, nail salons and the like had to close. Hotels and pensions had to close for tourists, business travelers were still allowed to be accepted. The distribution points for the food banks were allowed to resume operations.

Second regulation to amend the CoronaVO

With the second ordinance of the state government amending the Corona Ordinance ( Journal of Laws p. 135 ), the provisions of the federal-state resolution on spatial distancing were essentially implemented. From the entry into force on March 22, 2020, staying in public spaces was only permitted with one additional person who did not live in the household. In public spaces, a minimum distance of 1.5 meters from other people had to be kept wherever possible. Company canteens were also allowed to reopen.

Third regulation amending the CoronaVO

The third regulation of the state government to amend the Corona regulation ( Journal of Laws p. 153 ) came into force on March 29, 2020. In addition to small changes regarding the opening and closing of individual retailers, the taking of exams at the universities for police and justice , violations of the Corona Ordinance were declared administrative offenses . In addition, it was stipulated that open retailers must ensure the minimum distance to be observed by means of access controls or other suitable measures.

Fourth regulation amending the CoronaVO

On April 10, 2020, the fourth amendment by the state government to amend the Corona Ordinance ( Journal of Laws p. 181 ) came into force. In terms of content, the ordinance has been expanded to include the authorization of the Ministry of Social Affairs for measures to enter and leave the country , a comprehensive ban on prostitution and the restriction of dental treatments and measures in the state initial reception facilities .

Fifth regulation amending the CoronaVO

With the fifth ordinance of the state government amending the Corona ordinance ( Journal of Laws p. 189 ), studies at colleges and universities were allowed to resume in digital form. In addition, the closure of schools and day-care centers has been extended until May 3, 2020. The exceptions to the opening for retailers have been expanded to include all shops with less than 800 square meters of retail space, as well as car, bicycle and booksellers regardless of size and for libraries and archives in general. In addition, the Ministry of Social Affairs was authorized to issue statutory ordinances that regulate the details of data transfer between the health department and the police for reasons of infection protection. Article 1 came into force on April 18, and Article 2 on April 20, 2020.

Sixth regulation amending the CoronaVO

Article 1 of the sixth ordinance of the state government amending the Corona ordinance ( Journal of Laws p. 192 ) came into force on April 27, 2020 and expanded the emergency care at schools and day-care centers and led to an obligation to wear everyday masks in local public transport and in Retail one. Article 2, in force from May 4, 2020, regulates the partial resumption of school operations and authorizes the Ministry of Culture to issue further regulations to regulate the resumption of school operations.

Seventh regulation amending the CoronaVO

The seventh ordinance of the state government amending the Corona ordinance ( Journal of Laws p. 206 ) came into force on May 4, 2020. It allowed exceptions to the ban on organizing and gathering for religious events, and an ordinance issued by the Ministry of Culture regulates further details. It also allowed zoos, botanical gardens, museums, memorials and playgrounds to open from May 6, 2020 according to guidelines from the Ministry of Social Affairs. Private educational institutions, for example those of the chambers of crafts, were allowed to resume operations in preparation for and taking the exams. The responsible ministries were authorized to issue further regulations. Music and youth art schools were also allowed to resume operations, subject to restrictions. In addition, regulations from the separately issued Corona Ordinance Section 111a SGB V have been transferred to the CoronaVO and regulations for residents of old people's and nursing homes have been added, since both ordinances expired on May 3, 2020.

Second revision

The new version of May 9, 2020 ( Journal of Laws p. 266 ), valid from May 11, 2020, replaced the version of March 17, last amended on May 2. In addition to the restrictions and relaxations described in the previous version, the new version of the CoronaVO allowed two households to stay in public space, service providers close to the body were allowed to reopen to customer traffic with hygiene requirements, and the mask requirement was extended to include rail-bound passenger transport and airports. In addition, it was regulated that sports activities in the open air were permitted again subject to certain conditions; the exact design was regulated in a further statutory instrument. In addition, starting on May 18, 2020, it contains the opening of restaurants and leisure facilities in the outdoor area, as well as the partial opening of camping sites and holiday apartments with self-sufficiency, the Ministry of Social Affairs was authorized with further ordinances to permit the operation of facilities and to define regulations.

First regulation to amend the CoronaVO

The First Ordinance to Change the Corona Ordinance ( Journal of Laws p. 289 ) came into force on May 18, 2020 and regulated the resumption of the operation of day-care centers, outdoor leisure facilities and passenger shipping from May 18, 2020, of amusement parks and hotels as well as campsites from May 29, 2020, as well as the reopening of private and public sports facilities as well as swimming and indoor swimming pools for swimming lessons from June 2, 2020. In addition, the change allowed the largely resumption of educational operations at educational institutions for vocational training, as well as the relaxation the prohibition of visits to old people's and care facilities through separate legal ordinances.

Second regulation to amend the CoronaVO

The second ordinance amending the Corona Ordinance ( Journal of Laws p. 325 ) was not announced on May 26, 2020 and came into effect in part on May 27. The main change was a ban on events with more than 500 people up to and including August 31, 2020. With the change from May 27, events in private were again allowed with up to ten people. In addition, the change allows the opening of cultural institutions with fixed seats for up to 100 people from June 1st and from June 2nd of bars and pubs. The Ministry of Social Affairs and the Ministry of Economic Affairs were authorized by the amendment to issue further ordinances, which regulate the specific regulations for the opening of tourist offers and cultural institutions with permanent seats. The change has extended the contact restriction and distance requirement to June 14th.

Third regulation amending the CoronaVO

The third ordinance amending the CoronaVO was not announced on June 9, 2020 and came into force on June 10 and June 15, respectively. Overall, the validity of the ordinance and in particular the contact restriction and the distance requirement have been extended to July 1st. The number of people allowed to stay in public space was increased to ten, and private events with up to 20 participants or an unlimited number of participants, if they were all related, were again permitted. In addition, the Ministry of Social Affairs was empowered to issue ordinances to reopen public saunas and the Ministry of Transport to start bus traffic.

Fourth regulation amending the CoronaVO

The fourth regulation amending the CoronaVO was announced on June 16 and came into force on June 29. The change made it possible to start operations under pandemic conditions in the country's day-care centers and primary schools.

Third revision

The third revision came into effect in part on June 24, 2020 and in full on July 1, 2020. The aim of the new version was to make the Corona Ordinance clearer and to combine individual Corona Ordinances, such as the Corona Ordinance on amusement parks, the Corona Ordinance on restaurants, the Corona Ordinance on retailers and others in one ordinance. In addition to the provisions of the individual Corona ordinances, the content also includes the still existing distance requirement and the mask requirement, an ongoing ban on operating discos and brothels, a maximum number of people of 20 for meetings in private and public spaces, and the limitation of the maximum number of people for events July 1st to less than 250 people, from August 1st to less than 500 people. The regulations for events are expected to expire on October 31, all other regulations on August 31, 2020.

Basis for further regulations

With the third ordinance of the state government amending the Corona Ordinance of March 28, 2020, violations of the CoronaVO were declared administrative offenses. A separate catalog of fines would be issued for these.

On the basis of the Corona Ordinance in conjunction with the Infection Protection Act, the Ministry of Social Affairs (including Corona Ordinance WfMB of March 18, 2020, as well as several amendment regulations of this and the Corona Regulation Entry of April 10, 2020 and several amendment regulations of this), the Ministry of Education ( including Corona Ordinance on religious events and meetings of March 21, 2020, including several revisions of these and the Corona Pandemic Examination Ordinance of April 29, 2020), the Ministry of Economic Affairs (including Corona Ordinance on hairdressers and Corona Ordinance on Retail), the Ministry of Transport ( including Corona regulation for coaches) and the Ministry of the Interior (Corona regulation for data processing).

Court decisions

An urgent application against the CoronaVO submitted to the Administrative Court in Mannheim was given a negative decision, the court found that the risk to life and limb was more important than the business interests of three arcade operators.

After the city of Stuttgart prohibited a rally to strengthen basic rights with reference to the applicable CoronaVO , an activist submitted an urgent application to the administrative court, which was ruled negative. After exhaustion of the legal process of the administrative jurisdiction , he called the Federal Constitutional Court , this demanded a statement from the city of Stuttgart. The city stated that it cannot impose any conditions under which the demonstration would be possible during the pandemic. This blanket rejection went too far for the constitutional judge and issued an interim order. After joint discussions between the city and the demonstration applicant, the demonstration took place in compliance with the distance regulations.

Before the administrative court in Sigmaringen , a shop operator complained that she had to keep her shop with over 800 square meters of retail space closed, even if she only made 800 square meters accessible to customers through partitions. In the opinion of the administrative court, the CoronaVO allowed such separations and gave the plaintiff right. The country announced that it would not appeal the decision and changed the policy on opening retail facilities, so retailers with separate sales areas were allowed to reopen from April 23rd.

See also

Web links

Individual evidence

  1. ↑ Baden-Württemberg: Urgent application against Corona regulation failed. In: n-tv.de. ntv news television, April 24, 2020, accessed May 3, 2020 .
  2. ↑ Demo in Corona times: Karlsruhe constitutional judges overturn Stuttgart's ban. ka-news.de, April 19, 2020, accessed on May 3, 2020 .
  3. ↑ Christiane Goos: Ulm: Retail business is allowed to open after separating a sales area of ​​800 m². In: Verwaltungsgericht-sigmaringen.justiz-bw.de. Administrative Court of Sigmaringen, April 22, 2020, accessed on May 8, 2020 .
  4. ↑ Baden-Württemberg allows opening for shops with separate sales areas. In: swr.de. Sündwestrundfunk, April 22, 2020, accessed on May 8, 2020 .