Judicial defeat for Lauterbach and Wieler: The corona debate must not only be conducted by the RKI

Created: 2022-02-04 20:26

By: Andreas Schmid

The adjustment of the convalescent status was unlawful.

The verdict is to be understood as a scolding for Lothar Wieler and Karl Lauterbach, commented Merkur.de political journalist Andreas Schmid.

© Chris Emil Janßen/Imago/fkn

The adjustment of the recovered status remains explosive.

Lauterbach and Wieler are the losers of a recent court ruling.

However, the debate does not end there.

A comment.

Munich – The adjustment of the recovered status to 90 days was probably illegal.

This was decided by the Administrative Court of Osnabrück.

The verdict is not yet final and only relates to a private plaintiff from Lower Saxony - but it still sends out a good signal in political Berlin.

And for criticism of the Ministry of Health and the Robert Koch Institute.

Recovered status: A communication disaster with no legal basis

Health Minister Karl Lauterbach (SPD) had personally set the course for the explosive adjustment in the Federal Council.

Since mid-January, the Robert Koch Institute has no longer decided on the status of those who have recovered, but rather the Robert Koch Institute.

According to the court, however, there was no legal basis for delegating this decision to the RKI.

Even if the verdict is not yet valid nationwide, one thing is clear: Lauterbach was at least steering in legally tricky waters.

The fact that Corona decisions are stopped by a court speaks in principle for the separation of powers in Germany, but is always to be understood as a reprimand for those responsible.

And Lauterbach appears as such when the RKI, a federal authority subordinate to the Ministry of Health, makes far-reaching decisions for millions of people.

Does the popular SPD minister not have his own shop under control?

"I was asked, 'When will the recovered status change?'

not included, ”said Lauterbach at the federal press conference.

This is surprising in that the RKI is actually in constant contact with the ministry.

Lauterbach also spoke of a "communication problem" that he considered "justifiable".

The description communication disaster would be much more appropriate.

The new regulation published without comment on the RKI website caused confusion for several days.

Also because the RKI President Lothar Wieler, who was much more media-shy compared to Lauterbach, failed to provide clarification.

The increasing criticism of physicians is therefore justified.

Recovered status: The scientific justification needs to be discussed

Authorities such as the Robert Koch Institute or the Standing Vaccination Commission, which also does not always act happily, are important players in times of pandemics, in order to contribute their expertise to successful politics. In their work, however, they should limit themselves to scientific advice - and not alienate the population themselves with cloak-and-dagger decisions.

After all, according to

information, the RKI is also dissatisfied with the way the 90-day rule was announced - which is justified with "scientific evidence". Evidence that the RKI seems to have exclusively. After all, Germany is the only country in which people after a corona infection are only considered to have recovered 90 days. Throughout the EU, the six months are still used, in Switzerland even twelve.

In a paper available to our editorial team, the Union reprimanded the federal government for not taking the situation in other countries into account.

Especially since the arguments are based on scientific evidence.

Members of the Corona Expert Council, such as virologist Hendrik Streeck, also have serious doubts about the usefulness of the 90-day rule.

Irrespective of legal criticism, the debate about the convalescent status must therefore be continued from a medical perspective.

However, not only by Karl Lauterbach and Lothar Wieler.