After the federal election in Germany, the SPD, Greens, and FDP in parliament agreed on a document titled “Termination of the epidemic situation of national importance,” aimed at ending Covid-19 measures and addressing legal frameworks for future pandemics. The document called for a fundamental revision of the Infection Protection Act, which was heavily criticized during the pandemic for its extensive measures and infringements on civil liberties. Representatives from all three parties now support revising the law, focusing on protecting fundamental rights and determining decision-making processes during future pandemics.
Green Party lawmaker Manuela Rottmann emphasized the need to clarify which rights should be protected during a pandemic, whether it is about saving lives or ensuring healthcare system functionality. The discussion also includes deciding who should make decisions during a health crisis and compensating for losses due to outbreak control measures. The SPD also supports revising the Infection Protection Act based on an evaluation report from external experts, emphasizing the need to identify effective measures and address the overreaching policies implemented during the Covid-19 pandemic, such as school closures.
The FDP also advocates for updating the law to better prepare for future health crises, taking into account evolving health risks and ensuring legal readiness at all levels. An expert committee established by the Bundestag called for a comprehensive reform of the Infection Protection Act to enhance preparedness for future pandemics. The evaluation report highlighted both the effectiveness and unintended consequences of pandemic measures, urging policymakers to consider the broader impact on society and individuals in future health crises.
Experts highlighted the legal issues surrounding decision-making processes during the pandemic, raising concerns about the executive branch’s power to deviate from existing laws and the inadequate involvement of the parliament in key decisions. The assessment also underscored the need for formalized legislative procedures to safeguard constitutional rights, signaling the urgency for a systematic review of the Infection Protection Act. Legal experts have expressed the importance of updating the law to address potential constitutional conflicts and ensure legal clarity in future health crises.
Proposed changes to the Infection Protection Act include defining containment measures based on specific risk levels, specifying the rights that may be restricted to protect public health, and ensuring that measures are targeted at the most vulnerable populations and time-limited. The Ministry of Health confirmed that it is currently reviewing proposals for revising the law, with input from various stakeholders and experts. The extensive review process aims to address concerns about the legal framework for pandemic response and improve the country’s preparedness for future health emergencies.
