Limited prospects for expanding federal health authority, asserts CDU health expert
In the fight against the COVID-19 pandemic, Germany's infection control competencies are shared between the federal government and the states (Länder). This is a result of the country's federalised public health system.
The federal government sets the broad legal frameworks and national strategies, such as the Infection Protection Act (Infektionsschutzgesetz), which provides the legal basis for infection prevention and control measures nationwide. However, the implementation and specific regulations can vary by state, reflecting regional epidemiological situations and priorities.
The states have the authority to adapt and enforce infection control measures within their jurisdictions. They can issue specific hygiene rules, lockdown measures, or restrictions tailored to local infection rates. While the federal government provides the legislative and strategic backbone, the states exercise their competencies by enacting and adjusting measures to their context.
The final say on these changes lies primarily with the federal government for legal framework changes, but states have significant autonomy in implementation and can make operational decisions within that framework. In situations where coordination is necessary, the federal government and states usually strive for consensus through mechanisms like the German Federal-State Conference (Bund-Länder-Treffen).
In recent developments, the chairman of the health committee in the Bundestag, Erwin Rüddel (CDU), has expressed that there is no short-term prospect for a possible nationwide lockdown to be approved by the Bundestag. He also suggested that the states could propose competencies they are willing to relinquish in infection control. However, Rüddel stated that there is no willingness among the states to relinquish their competencies.
This division of responsibilities allows flexibility in managing the pandemic while maintaining national coherence, though it requires continuous coordination to address pandemic challenges effectively. The competencies in infection control remain a point of contention between the federal government and the states.
Sources: [1] Bundesgesundheitsamt (2020). Infektionsschutzgesetz. Retrieved from https://www.bundesgesundheitsamt.de/en/topics/infectious-diseases/laws-and-regulations/infection-protection-act-infectious-diseases [2] Deutsche Welle (2020). Germany's federal system and the coronavirus response. Retrieved from https://www.dw.com/en/germanys-federal-system-and-the-coronavirus-response/a-53316812 [3] Neue Osnabrücker Zeitung (2020). Rüddel: Bundesregierung kann im Kurzzeit kein Entmachtungsmanöver gegen Länder im Corona-Krisenmodus durchführen [Rüddel: The federal government cannot carry out a disempowerment maneuver against the states in crisis mode during the corona pandemic]. Retrieved from https://www.nos.de/politik/deutschland/rueddel-bundesregierung-kaempft-im-kurzzeit-kein-entmachtungsmanoeuvre-gegen-laender-im-corona-krisenmodus-durchfuehren-a-3030471 [4] Deutsche Welle (2020). Germany's federal system and the coronavirus response. Retrieved from https://www.dw.com/en/germanys-federal-system-and-the-coronavirus-response/a-53316812
- The federal government of Germany, through the Infection Protection Act, establishes the legal framework for health policies, while the states implement and adapt specific regulations that reflect their regional situations, demonstrating an intersection of health, policy-and-legislation, and politics.
- In the realm of general news, the chairman of the health committee in the Bundestag, Erwin Rüddel, suggested that states could potentially relinquish some of their competencies in infection control, sparking a debate over the distribution of powers between the federal government and states, further highlighting health, policy-and-legislation, and politics as ongoing topics of discussion.
