Bavarian Administrative Court: Shortening of convalescent status not permitted

Created: 02/12/2022Updated: 02/12/2022 15:22

By: Katarina Amtmann

The recovered status after a corona infection was reduced to 90 days in mid-January.

Now a court has decided.

© Karl-Josef Hildenbrand/dpa

The Söder government received a lot of criticism because of its decision to make vaccination compulsory for the facility.

Holetschek reacted angrily to a Pk.

All news in the ticker.

• Administrative court overturns controversial regulation on shortened convalescent status.

  But only in two cases (update from February 11, 4:10 p.m.).

• Health Minister Holetschek reacted angrily to allegations (see update from February 11, 12:56 p.m.).

• This news ticker is updated regularly.

+++ This news ticker has ended.

You can find the continuation here.+++

Update from February 11, 4:10 p.m .:

According to a Bavarian administrative court, the controversial reduction of the recovered status to three months after a corona infection is not permitted in its current form.

The court in Ansbach, Middle Franconia, granted the urgent applications of two recovered people on Friday.

Accordingly, the old convalescent status of six months still applies to the plaintiffs.

Initially, however, the court decision only applies to the two applicants.

As a spokesman for the Ansbach court reported, the judges had doubts that the new regulation was constitutional.

They object to the fact that the new regulation no longer specifies a specific period, but refers to the RKI website with regard to the period.

"By referring to the website, the legislature does not make this essential regulation about the status of convalescents themselves, but leaves it to an official institution," court spokesman Timm Waldmann explained the concerns of the chamber.

The court therefore already considered the new regulation to be inadmissible on the basis of the procedure.

The judges therefore refrain from examining exactly whether the reduction of the convalescent status is unconstitutional overall.

An appeal against the decision can now be lodged with the Bavarian Administrative Court in Munich.

Söder causes a stir with a mandatory vaccination course – Holetschek pissed off

Update from February 11, 12:56 p.m .:

Prime Minister Markus Söder said on Monday that the compulsory vaccination for health care and nursing, which should apply from mid-March, requires “generous transitional regulations”, which “de facto initially means a suspension of enforcement ' run out.

This triggered a storm of indignation.

The state government has now received backing from associations and municipalities.

The Bavarian District Association, the Bavarian Red Cross, the Lebenshilfe and the Association of Carers in Bavaria unanimously made it clear on Friday that the partial vaccination requirement cannot currently be implemented in this way.

There is a lack of uniform implementation instructions from the federal government.

In addition, the care of patients and those in need of care is in danger if many nursing staff have to be released at once, argued top representatives of the four organizations on Friday at a joint press conference with Bavarian Health Minister Klaus Holetschek in Munich.

"Tyranny": Holetschek criticizes FDP Minister of Justice Buschmann

Holetschek emphasized again on Friday: “We stand by facility-related compulsory vaccination.

But we see problems that need to be solved.” The federal government urgently needs to do this.

"We want this compulsory vaccination - but we want it to work." But he did not spare criticism.

Anyone pointing the finger at Bayern should ask themselves "what they have achieved so far in Berlin".

He was "a bit irritated when a Federal Minister of Justice now speaks of tyranny".

He demanded an apology from FDP politician Marco Buschmann.

Associations support state government: suspend partial vaccination requirements for the time being

The President of the Bavarian District Association, Christian Bernreiter, emphasized that on March 16 no one could legally issue an entry ban.

There are no indications as to how a uniform implementation can be made possible.

"The federal government delivered a car, but without an engine." The chairwoman of the Lebenshilfe for people with intellectual disabilities, Barbara Stamm, said: "We are not against the law - we are in favor of uniform implementation."

The President of the Association of Nurses in Bavaria, Georg Sigl-Lehner, called for the implementation of partial vaccination to be suspended before all questions were clarified.

He also emphasized that the staffing was "sewn on edge" - one could not even afford to put five percent of the employees out of service without endangering the security of supply.

According to Sigl-Lehner, the vaccination rate for nursing staff in Bavaria is currently around 86 percent.

For the rescue service, the state manager of the Bavarian Red Cross, Leonhard Stärk, even put the rate at over 90 percent.

However, all four organizations also called for speed with the planned general vaccination requirement - this had always been promised as the second step after the partial vaccination requirement.

Sigl-Lehner also argued that patients, residents and visitors to the facilities would otherwise not have to be vaccinated - and infections could enter the houses.

Söder causes a stir with a compulsory vaccination course - Holetschek reacts pissed off to allegations

Update from February 11, 11:06 a.m .:

The press conference with Bavaria’s Minister of Health started a few minutes ago.

Klaus Holetschek wants to make it clear in advance: "No one needs to worry that Bavaria is not law-abiding."

However, one believes that the law is "not yet ideal" when it is implemented.

This is one of the reasons why we have representatives from the field with us.

They want to show "that there are problems that need to be solved".

You co-passed the law because you believe in it.

But in this country it must be possible to point out problems.

One should now use the time to make adjustments so that it becomes a good law.

Then it becomes clear: Anyone who is pointing the finger at Bayern should ask themselves "what they have achieved in Berlin so far".

He was "a bit irritated when a Federal Minister of Justice now speaks of tyranny".

He asked Marco Buschmann (FDP) for an apology.

"We want this compulsory vaccination", but you want it to be implemented well, he clarifies.

Institution-related compulsory vaccination: Bernreiter agrees with Holetschek

Christian Bernreiter, President of the Bavarian District Association, agrees with Holetschek.

Implementation is currently not possible.

In practice, there are still “an awful lot of questions” about implementation.

He reports that Söder's advance provided relief.

Barbara Stamm (chairwoman of the Lebenshilfe for people with mental disabilities, Bavarian state association) also takes part in the press conference.

She says: It is important that we treat each other fairly even in such difficult times.

"Why don't we manage to come together in this country with calm and composure and expertise when it comes to difficult issues, where we have different areas of responsibility?

And why can't you see that there can be problems here in prison?” She is not against the law, but the prison “endangers lives,” she clarified.

Some facilities are currently no longer able to accommodate people with disabilities because there are not enough staff. 

Facility-related compulsory vaccination: "Great concern about implementation"

Georg Sigl-Lehner, President of the Association of Nurses in Bavaria, also comments.

"I'm coming straight from the practice," just three hours ago he was standing by the bed.

For two years he has been experiencing "what this pandemic means for care."

What is meant is “the flood of regulations” and infection protection laws that nursing has to implement.

Who takes over the work of the unvaccinated when they are no longer allowed to work?

Sigl-Lehner warns that one cannot even afford to take five percent out of service without consequences.

Leonhard Stark (state manager of the Bavarian Red Cross) takes the same line: "We were very worried about the implementation."

He pleads for a general obligation to vaccinate.

Holetschek's press conference in re-live

Holetschek comments on the institution-related vaccination requirement - press conference live

Update from February 11, 10:43 a.m .:

Markus Söder had triggered a debate with his statements on facility-related vaccination and received a lot of criticism.

Klaus Holetschek had also commented on this several times and urgently called for "guard rails" for implementation.

At 11 a.m. there will be a press conference with Bavaria's Minister of Health.

Representatives from aid organizations will also be there.

You can follow the press conference in the live stream (video above).

Update from February 11, 7.41 a.m .:

The incidence in Free State is 1811.4 on Friday (previous day: 1817.5).

Germany's leader remains the Eichstätt district with a value of 3896.6 (previous day: 3888.3).

Bavaria's other corona hotspots

• District of Neuburg-Schrobenhausen: 2494.6

• Regen County: 2465.3

• City of Rosenheim: 2446.9

In Munich, the value on Friday is 2165.4.

Institution-related compulsory vaccination: "We are talking about implementation times in prison"

Update from February 10, 5:15 p.m .:

The Bavarian state government has once again committed to the obligation to vaccinate employees in the healthcare and nursing sectors – but urgently called for “guard rails” for implementation.

"Neither the Prime Minister, nor the state government, nor anyone else questions this vaccination requirement," said Health Minister Klaus Holetschek (CSU) on Thursday in the state parliament in Munich.

"We're talking about implementation times in enforcement." Because at the moment implementation and enforcement are not possible.

"This law will not work like that, it will end in chaos." That is the clear realization when you talk to municipalities and associations about it.

"I've been saying for weeks: we need different enforcement rules."

Holetschek called on the federal government again to give implementation instructions for the new law - so that it can then be implemented.

Holetschek once again criticized the fact that at the federal level a decision on a general obligation to vaccinate was still a long time coming.

You wouldn't have the current debate "if you had made compulsory vaccinations in Berlin".

"You can't figure it out, you screwed it up and now you're trying to turn the tables," he said.

FDP man sharply criticizes Söder

Update from February 10, 1:11 p.m .:

The FDP economic politician Gerald Ullrich has accused Markus Söder of wanting to lure nurses from other federal states to Bavaria with his statements about compulsory vaccination.

"If Bavaria does not want to implement the institution-related vaccination requirement, this will have far-reaching consequences for neighboring federal states such as Thuringia," said Ullrich of the German Press Agency.

"Söder's going it alone could result in nurses commuting to Bavaria or emigrating in the future if they cannot work in their state."

Ullrich emphasized that only transnational solutions would make sense.

The maneuver of the CSU boss, on the other hand, could become “a Bavarian economic stimulus program for nursing staff”.

CSU boss Söder announced on Monday that he would suspend the implementation of the facility-related vaccination requirement, which will come into effect in mid-March.

It cannot be implemented in its current form, and the federal government must improve it, according to Söder.

Since then he has faced harsh criticism for this.

Update from February 10, 11:02 a.m .:

The Bavarian Administrative Court has dealt with the reduction of the recovered status to three months.

In an expedited norm control procedure, the judges rejected an application that was directed against the regulation, as did

reported.

A spokesman explained the decision to the Radiosener: “Since the Bavarian regulation regarding the status of convalescents refers in full to the Federal Protection Exception Ordinance, this alone determines whether the status is valid for three or six months.

The effectiveness of the Bavarian regulation is independent of this."

The question of the duration of the recovered status is therefore a question of federal law and not of the Bavarian Infection Protection Measures Ordinance.

Streeck comments on Söder's withdrawal from partial vaccination

Update from February 10, 9:55 a.m .:

The Bavarian government around Markus Söder had caused a lot of criticism with the temporary move away from partial vaccination.

In the meantime, Minister of Health Klaus Holetschek has made it clear that the general obligation to vaccinate must come quickly and that the facility-related obligation to vaccinate will continue to be adhered to.

But in order to do justice to their “sense and purpose at all”, “reasonable and pragmatic implementation times” are needed.

Söder made a

similar statement to

Holetschek spoke of a postponement of a "few weeks" (see previous update).

How does virologist Hendrik Streeck feel about this?

"Just like the general obligation to vaccinate, I am skeptical about the facility-related obligation to vaccinate," he said in the

interview.*

“The effects of the introduction of facility-based compulsory vaccination will vary greatly from region to region.

The staffing situation may worsen in some clinics and nursing homes.

In other regions it will not matter.

It is good if politicians allow this consideration to flow into their decision," says the Bonn doctor, who is also part of the expert council that advises the government.

Söder with Corona turnaround?

After heavy criticism, Holetschek speaks up - now everything sounds completely different

Update from February 10, 8:51 a.m .:

 The Bavarian state government now wants to introduce compulsory vaccination for healthcare workers a little faster than Prime Minister Markus Söder initially promised.

Bavaria still thinks the introduction of facility-related compulsory vaccinations is a good idea, emphasized Health Minister Klaus Holetschek on Thursday on

However, their introduction will be postponed by a “few weeks” because many questions are still open.

Söder, on the other hand, had spoken of “the most generous transitional regulations” on Monday, which “de facto initially amounted to a suspension of enforcement”.

"For how many months, we will see." The state government had thus triggered sharp criticism.

In all likelihood, however, a punctual start of the facility-related compulsory vaccination on March 15th is still not to be expected in Bavaria.

Holetschek said in the

that the implementation has simply not yet been clarified.

“Of course the law makes sense.

But it also has to be feasible in practice.” For his part, Holetschek accused the Federal Government and Chancellor Olaf Scholz of not making any progress in introducing a general obligation to vaccinate.

Holetschek had already made a similar statement to the

on Tuesday .

"So that we do not misunderstand each other: Of course, the general obligation to vaccinate must come, and as quickly as possible," said the CSU politician of our newspaper*.

And the Free State also continues to adhere to the facility-related vaccination requirement.

But in order to do justice to their “sense and purpose at all”, “reasonable and pragmatic implementation times” are needed.

Söder makes a similar statement when asked.

After a hard accusation: Söder speaks to students - and names three important points for more relaxation

First report from February 10, 7:27 a.m .:

Munich – The Robert Koch Institute * reports a seven-day incidence of 1817.5 for Bavaria on Thursday.

It has thus fallen slightly compared to Wednesday (1840.4).

Germany's hotspot number 1 is currently the district of Eichstätt (3888.3).

Eichstätt with Germany's highest incidence: These are Bavaria's other corona hotspots

• City of Rosenheim: 2505.1 (second largest hotspot in Bavaria, fourth in Germany)

• District of Neuburg-Schrobenhausen: 2504.9 (third largest hotspot in Bavaria, fifth nationwide)

• District of Fürstenfeldbruck: 2428.9 (fourth in Bavaria, eighth nationwide)

High incidences also in Munich – relaxed corona rules since Wednesday

The districts of Weilheim-Schongau (2397.6), Dachau (2354.4) and the city of Munich (2321.9) follow in the next places.

Despite the high incidence, the Corona * rules have been relaxed since Wednesday - there is an overview here.

Among other things, the curfew was canceled without replacement, 3G instead of 2G now applies to the hairdresser and more spectators are allowed again at cultural and sporting events.

Corona in Bavaria's schools - Piazolo defends himself against accusations

The high number of infections can also be felt in the schools, said Minister of Education Michael Piazolo at a press conference on Tuesday.

But the accusation that contagion would be allowed in schools is “a huge and malicious insinuation”.

After all, there are many measures for one reason: protection.

After talking to students: Söder names three points for easing

Prime Minister Markus Söder (CSU*) confirmed this: "Another exciting exchange with students: we are there for our children and listen," he assured with a post on Twitter on Wednesday.

“School should be as everyday and safe as possible.

With tests*, masks* and vaccinations*, more is possible again.

We want good final preparations, but without additional pressure to perform," wrote the CSU boss for a picture of himself with a group of students.