Test duty after leave: experts see only one obstacle - in spite of the basic right of intervention

Last week, the number of Corona infections within a day reached since June, a new record: On Thursday, the Robert-Koch-Institute (RKI) reported 815 new cases. B

Test duty after leave: experts see only one obstacle - in spite of the basic right of intervention

Last week, the number of Corona infections within a day reached since June, a new record: On Thursday, the Robert-Koch-Institute (RKI) reported 815 new cases. But why the infection fast pay right now, in the height?

A cause of the return of vacationers, according to the person in charge. In Federal States such as Berlin, Brandenburg, Mecklenburg-Western Pomerania, North Rhine-Westphalia or Schleswig-Holstein, the summer holidays have already started at the end of June. That is to say: Many people come back to your holiday - and could have infected with the Coronavirus, and in Germany more people to plug. An example of a family from Cottbus. This has made holiday in Majorca and was then tested positive for the Virus. The city of Cottbus had been reported previously for three months, not officially confirmed Corona cases. Currently, Spain is, according to the RKI, but not as a risk area classified.

Have stopped the vacationers in an area where there is an increased risk for infection with SARS-CoV-2, must commit the returnees, depending on the state in quarantine. But that is not certain enough: Many politicians, such as Bavarian Prime Minister Markus Söder (CSU) or the FDP-Chef Christian Lindner are asking for a Corona Test requirement for tourists from high-risk areas. The Bundestag member Karl Lauterbach goes even one step further: The SPD man want to leave all the holiday returnees, regardless of whether risk area or non - mandatory test.

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Corona-mandatory Testing is an intervention in freedom of action - but it is possible

But is that even legally possible? The Berlin-based lawyer Norman Buse says: "there is A legal duty to look after a return from vacation on Covid-19 test, represents a violation of the fundamental right of General freedom of action. In this law, which should grant the Individual to the free development of his personality, however, should be on the basis of the law intervened."

This means that There needs to be a statutory scheme is created, then a test obligation is a reality, the expert believes.

proportionality

According to Buse, the legislator must consider, however, the principle of proportionality: "the test of duty to first pursue a legitimate purpose that is in the effective containment of the infection event is without a doubt given."

in addition, the Test must be suitable to achieve the purpose, the containment of the Virus, or to promote. The legislator can justify the imposition of a mandatory Testing so that the Virus will spread by using the Tests slower than without the Test of vacationers from high-risk areas.

Furthermore, should there be, according to Buse no milder measure may achieve the same security with the same success. If so, is there any other method that would confirm a corona infection with a high level of security, or to exclude, but not such a violation of the fundamental right constituted, should this be preferred. But that is not currently in sight.

the protection of public health comes first before freedom of action of the Individual

taking into account the experience that some of the returnees from the tourist areas already have infections from the abroad, brought back, and the Virus has a high infection rate, from Buse, that the mandatory introduction of the test could be introduced by the legislature: "It is the different rights are here together to be balanced, so that the health of the total population, as well as the danger of a renewed lock downs with all the serious consequences compared to the General freedom of action of the Individual outweigh should."

It is also important to note that the traveler is aware that a vacation trip, the risk of infection for themselves and others is increased, and a number of travel warnings exist.

But not only returnees from high-risk areas could soon have to pull out of a Test requirement is: "Because the infection happen very dynamically, should be to contain the Virus probably also a General and mandatory Testing for Returning allowed," says Buse.

A statutory provision that a mandatory Testing needs to be, but have a decisive drawback: it would take some time. Regular days of the Bundestag and the Bundesrat in September, prior to special meetings would be time-consuming. The new law would be probably only at the end of the season is possible and would probably be too late.

"on a Transitional basis, one could rely on General clauses to avert danger in the police and regulatory laws of the Federal government and the States," says the legal scholar Thorsten Kingreen, University of Regensburg.

holidaymakers could even have to pay for Tests

a passing on the costs to those Affected, as it calls for about FDP-Chef Lindner, holds Kingreen admissible. "At least holiday travel takes you, of course, voluntary, and if the state bears the costs involved at the end of all taxpayers - even those who can afford a holiday." In the case of missions of the employer or of the employer, however, would be a duty.

Legally less vulnerable to an obligation to assume the costs, according to the lawyers, if you would only apply from a date in the future would be. "Or else Concerned could file a complaint against it on the grounds that the cost of the trip is not yet in sight were."

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Updated Date: 27 July 2020, 23:27

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