Weekly Updates from the German Parliament, Bundestag
In a significant shift, German federal states have been granted the authority to impose tiered pandemic restrictions based on hospitalization incidence thresholds under the updated Infection Protection Act. This legal reorganization, established in a November 2021 agreement involving Chancellor Merkel, Chancellor-in-waiting Olaf Scholz, and the 16 state premiers, aims to ensure clarity and consistency in applying protective measures during the pandemic phase.
The hospitalization incidence (number of hospitalized COVID-19 patients per 100,000 inhabitants in seven days) has replaced the previously criticized seven-day infection incidence as the central decision metric for imposing pandemic measures. If hospitalizations exceed 3 per 100,000, public leisure facilities must adopt the "2G" rule (access for vaccinated or recovered individuals only). If hospitalizations exceed 6 per 100,000, a stricter "2G+" rule (vaccinated or recovered plus tested) applies. If hospitalizations exceed 9 per 100,000, further measures such as contact restrictions are to be introduced.
To provide legal certainty for this period, the relevant laws and regulations have been extended or introduced to underpin the federal states’ authority to enact these measures without nationwide lockdowns. The November 2021 amendment to the Infection Protection Act explicitly reinforces this framework, clarifying the role of hospitalization rates, ICU occupancy, and vaccination rates as legal bases for restrictions.
In other developments, the Committee for Election Review, Immunity, and Rules of Procedure was established, with its members elected on November 11, 2021. The main committee, chaired by the President of the Bundestag, is also active during this period. The factions of SPD, B'90/Die Grünen, and FDP are introducing a bill to allow the federal states to implement moderate protective measures until March 20, 2022.
Blank vaccination certificates and their trade will be made punishable, and the expansion of criminal laws regarding the forgery of health certificates is planned. Forgery of vaccination certificates will also be punishable. The suspension of the annual minimum income threshold in the Artists' Social Security Act is extended until the end of 2022. The Corona Occupational Health and Safety Ordinance measures are extended until March 20, 2022, as are the regulations for simplified access to basic security.
The pandemic is not yet overcome, and the virus is currently spreading rapidly among the unvaccinated, necessitating the continuation of effective but fundamental rights-compliant protective measures by the federal states. More than two-thirds of people in Germany are vaccinated, reducing the strain on hospitals compared to last year. Upon the establishment of the permanent committees, the Main Committee will be dissolved, and all pending drafts will be transferred to the responsible committees. The DIVI register will record capacities for children's intensive care beds in the future.
The Petitions Committee resumes its work to handle citizens' petitions during the transition period after the federal election. The suspension of the annual minimum income threshold in the Artists' Social Security Act is extended until the end of 2022. The Corona Occupational Health and Safety Ordinance measures are extended until March 20, 2022. The regulations for simplified access to basic security are extended until March 20, 2022. Special regulations for parental sick leave allow for 30 days instead of 10, or 60 days instead of 20 for single parents, until the end of 2022.
In a move to support single parents, special regulations for parental sick leave allow for 30 days instead of 10, or 60 days instead of 20 for single parents, until the end of 2022. The special regulation for the entitlement claim for parents of children in care facilities is extended until March 20, 2022. The chair of the Main Committee is held by the President of the Bundestag.
In response to the increasing forgery of health certificates, plans are underway to expand criminal laws regarding the forgery of health certificates. Penalties for issuing, using, or possessing forged vaccination certificates or test certificates will be established. This measure aims to maintain the integrity and validity of health certificates during the ongoing pandemic.
As the pandemic continues to evolve, the German government and federal states are adapting their response strategies to ensure the protection of public health while preserving fundamental rights. The implementation of tiered pandemic restrictions, the establishment of committees, and the extension of various regulations reflect this ongoing effort to navigate the pandemic effectively.
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