Amendment of the Infection Protection Act: FDP warns of »embarrassment« in the Bundestag

The FDPGroup has significant doubts about the Draft of the Infection Protection Act and the planned express procedure in Bundestag voiced. The Bundestag should not "repeat the mistakes of the Prime Minister's Conference" and "make hasty and ill-considered decisions," warned the First Parliamentary Managing Director Marco Buschmann in a letter to the parliamentary group leaders of Union, SPD, Greens and Leftists.

Another embarrassment such as the so-called Easter rest, which was first announced and then had to be withdrawn, would not only damage the reputation of the German Bundestag, it says in the letter that SPIEGEL has received. "It would also do serious damage to fighting the pandemic because it would further undermine confidence in political crisis decisions."

Buschmann warned the other parliamentary group leaders against enforcing the urgent procedure with a two-thirds majority. Although this is possible according to the rules of procedure of the Bundestag, "we would be doing our parliamentary democracy a disservice and grist to the mill of their opponents," writes the FDP parliamentary executive. The rules of procedure are not a "fair weather rule". One of the rules of the game is to listen to external experts. Buschmann writes that he considers it “extremely unwise to simply brush these rules aside without need because they do not lead to the desired result”.

The FDP parliamentary group is therefore in favor of the legislative process "being carried out regularly". This can be done quickly because the current meeting week is followed by another.

In addition, there are doubts as to whether the proposed law meets the criteria of a so-called objection law. This does not require the approval of the Federal Council, but the Land Chamber can appeal to the mediation committee and at the end raise an objection. There are in the federal government's draft law "a whole series of individual regulations that raise the question of whether they are not in themselves in the Bundesrat consent is required, «writes Buschmann. "Each and every one of these regulations would make the entire draft subject to approval."

Infection Protection Act has financial consequences for countries

The planned Infection Protection Act affects the administrative sovereignty of the states and has financial consequences for them. For example, they would have to pay compensation for lost wages if the federal government ordered more than 200 school closings as planned in the event of a seven-day incidence of more than XNUMX school closings. Doubts about the qualification as an objection law would have to be properly examined, demands Buschmann: "If such a far-reaching law does not come about properly, all constitutional bodies involved in the legislative process - including the German Bundestag - will be discredited in the end."

In addition, Buschmann argues further, the draft contains measures "which have already been rejected as unlawful or unconstitutional by the administrative and higher administrative courts." The project therefore risked "seeing the verdict of unconstitutionality," said Buschmann. The serious encroachments on fundamental rights would lead to »everyone« being in Karlsruhe Could raise a constitutional complaint. “A flood of constitutional complaints threatens that Bundesverfassungsgericht to come. "