opinion
Free State of Bavaria
Markus Söder and the institution-related vaccination requirement: a legal system like in the swinger club
Markus Söder: Prime Minister (or better: Regent) of the Free State of Bavaria
© Matthias Balk / DPA
With their refusal to implement the facility-related vaccination obligation, Markus Söder and the Union are damaging the rule of law. This raises the question: Does the Basic Law also apply in Bavaria?
It’s the question of the week: Does the Basic Law also apply in Bavaria? Wait a minute, let’s look at the original version of May 23, 1949: “This basic law applies initially in the areas of the states of Baden, Bavaria…” The preamble to the current version also says: “This basic law thus applies to the entire German people” – which there lives in the vastness between Wesel and Görlitz, Kiel and: Berchtesgaden.
Markus Söder changes from the “Caution” team to the “Not like that!”
Unsuspecting northerners could succumb to the bold idea that all federal laws would automatically be applied in Bavaria as well. But the federal state is not called a free state for nothing. And his regent Markus Söder. The former captain in the “Caution” team briefly played in the “Eye of Measure” team after the transfer, but is now playing for the “So nicht!” team. In any case, Söder is the lateral thinker and has announced that he will not implement the facility-related vaccination requirement in Bavaria, which will actually apply nationwide from mid-March.
That Söder called for such a compulsory vaccination in November by decision of the Prime Ministers’ Conference? Does not matter. That 36 out of 38 CSU members of the Bundestag approved the law in December? Equal. And that Söder’s state government also said “yes” in the Bundesrat? So please!
So there should be so much consideration for local color. Could, however, set a precedent: NRW might then abolish the obligation to wear seat belts. Saarland allows incest, Saxony introduces the Thaler and Lower Saxony the imperial system of measurement: 226.8 miles would henceforth lie between Emden and Goslar. Then a pint or 568.26128524935 milliliters! Will the German legal system function in the future according to the motto of dim swinger clubs: everything can, nothing has to?
In these countries, the corona measures are relaxed
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A bad omen for compulsory vaccination?
In any case, Söder’s advance is already having real effects: In the meantime, the entire sister party CDU – formerly known as the Rechtsstaat party – no longer seems to want to comply so completely with the law that has just been passed. One federal state after the next is now reporting concerns. Whether non-vaccinated nurses are not less bad than non-existent ones. Whether those unwilling to be vaccinated will continue to receive wages. Who controls how often, with what and why. All legitimate questions. Questions that need to be clarified – ideally before the law is passed, not after.
Not a good omen for the general obligation to vaccinate, which is to be discussed in the Bundestag in the first reading next week. Is it dead before it’s even decided?