Weekly affairs in Germany's federal parliament, the Bundestag
In a bid to adapt to the evolving dynamics of the COVID-19 pandemic, the German government has proposed a draft bill to amend the Infection Protection Act (Infektionsschutzgesetz). The key measures aim to strike a balance between effective pandemic control, protecting individual freedoms, and fostering economic activities.
The proposed changes revolve around three main areas: revised rules for the 3G rule, legal backing for mandatory home office, and enhanced autonomy for federal states to implement tailored pandemic control actions.
The 3G rule, which requires proof of vaccination, recovery, or a negative test for access to certain facilities, remains a cornerstone of Germany's pandemic response. However, the rule will now be adjusted to reflect evolving epidemiological criteria and the need to reduce burdens on society. The application of the 3G rule will vary depending on local infection rates and hospitalization incidence.
Regarding mandatory home office, the draft bill maintains or adapts the obligation for employers to enable work from home when feasible. This provision aims to reduce workplace transmission and public contacts, providing legal backing and clarity to home office expectations across sectors.
The bill also empowers federal states to implement measures suited to regional pandemic conditions. This includes the ability to activate or deactivate various restrictions based on indicators like hospitalization incidence, ICU occupancy, and vaccination coverage. This enhanced flexibility allows states to impose or ease measures such as contact restrictions, mask mandates, and access rules without waiting for federal consensus.
Hospitalization incidence thresholds remain key metrics. For instance, surpassing specific hospital admission rates triggers graduated response tiers, such as stricter 2G or 2G+ access rules, contact restrictions, and capacity limitations.
The draft bill also addresses issues of fraud, with the preparation and trade of blank vaccination certificates becoming punishable. Laws on forgery of health certificates will be expanded to include vaccination and test certificates. Doctors who issue false health certificates will be liable to prosecution.
The regulation, agreed upon with the Federal Ministry of Finance, is expected to be approved by the German Bundestag this week. Additionally, hospitals will receive an additional time-limited remuneration for the treatment of patients with a COVID-19 infection.
Other measures include the extension of regulations such as simplified access to basic security, measures under the COVID-19 Occupational Health and Safety Regulation, special regulations for parental sick leave, suspension of the annual minimum income threshold in the Artists' Social Security Act, special regulation for the entitlement claim for parents of children in care facilities, and the authorization for certain employers to process employee data for COVID-19 vaccination or serostatus.
Unauthorized issuance of vaccination or test certificates will lead to imprisonment of up to one year or a fine. A mandatory 3G rule will be implemented in workplaces and public transport, and the use of forged vaccination or test certificates will be comprehensively punished.
As of now, more than two-thirds of citizens are fully vaccinated, and the federal government will provide an additional 7 billion euros to statutory health insurers in 2022, bringing the total subsidy to 28.5 billion euros. This supplementary federal subsidy is designed to stabilize social security contributions below 40 percent.
In summary, the draft bill's key elements focus on adapting the 3G rule application, legally underpinning home office mandates, and empowering federal states to swiftly and regionally tailor pandemic measures according to defined hospitalization and infection metrics. These changes aim to create a flexibly designed legal framework that can effectively respond to the current health data nuances while protecting individual freedoms and fostering economic activities.
- The draft bill, which is expected to be approved by the German Bundestag this week, aims to strike a balance between effective pandemic control, protecting individual freedoms, and fostering economic activities.
- The proposed changes in the Infection Protection Act (Infektionsschutzgesetz) provide legal backing for mandatory home office, which aims to reduce workplace transmission and public contacts.
- The bill empowers federal states to implement tailored pandemic control actions based on indicators like hospitalization incidence, ICU occupancy, and vaccination coverage.
- The draft bill addresses issues of fraud, with the preparation and trade of blank vaccination certificates becoming punishable, and laws on forgery of health certificates expanded to include vaccination and test certificates.
