analysis
New law
Obligation to vaccinate in Austria: an obligation that isn’t one?
Even the new law cannot silence the loud no to compulsory vaccination in Austria.
© Georg Hochmuth / APA / DPA
Austria has introduced compulsory vaccination – at least on paper. But the project is about to fail. This calls into question the country’s pioneering role. And could still prove to be instructive for German politics.
It had taken a long time. Throughout the day, MPs discussed the pros and cons of universal vaccination. The decision was eagerly awaited because Austria would be the first country in Europe to introduce compulsory vaccination. In the evening the time had come: 137 parliamentarians voted for the new law, 33 against. However, the verdict did not come as a complete surprise. A majority had already emerged in advance – which may have been due to the government’s rigid approach.
The Austrian coalition had presented a law that members of the National Council could vote on. German politicians miss what happened in Austria. Instead of pushing through the compulsory vaccination with conviction, people in this country are content with an egg dance. Olaf Scholz and Karl Lauterbach let it be known that they welcome compulsory vaccination. However, one does not want to mess with the population. The decision should therefore be made solely by the MPs elected by the population – implementation included. The first proposals have already been made, but are currently not supported by a majority among parliamentarians.
Austria’s advance could therefore be described as consistent. The new law was pushed through despite numerous concerns from epidemiologists and authorities. But not even a week after the new regulation came into force, the image of the pioneer is crumbling. Instead of implementing the law with all severity, the government is boycotting its ambitious project itself.
No general conditions for compulsory vaccination
This mainly has to do with the implementation. A phased plan should solve the problem. Unvaccinated people should be given additional information and reminders in the first few weeks. In addition, random checks should be carried out. The government threatens anyone who refuses to do so with staggered administrative penalties. A fine of 600 euros could be due every few weeks. Unvaccinated people would pay a maximum of 3,600 euros for their status. If you can’t do that, you go to prison for a short time. All of this should apply to people over the age of 18.
But the plan was watered down from the start. For example, the 3G rule still applies in the workplace. And even that counts according to the Austrian Trade Union Confederation only in places where people come into contact with each other. Truck drivers who sit alone in their cabin or foresters are exempt from the rule, do not even have to show a negative test. Although employees in care facilities must present proof of 2G, they can also bypass this if they can show a negative PCR test. This must not be older than 72 hours, Vienna is an exception with 48 hours.
The vaccination requirement should also not be taken seriously because the government launched a general wave of easing at the beginning of the month. From February 12th, the 2G rule will no longer apply in retail. Tourism and gastronomy are to follow a week later. Austrian cuisine can then be enjoyed again without proof of vaccination or recovery, but with a negative corona test. In addition, the lockdown for unvaccinated people was lifted more than a week ago.
Didn’t the Austrians take the law so seriously?
When the candy melts away
The announced incentives are at least a further indication of this. With carrot and stick they wanted to drive people into the vaccination centers. A vaccination fleet was considered as a treat – a means of not appearing quite so rigorous. Every tenth person vaccinated could have won vouchers worth 500 euros. The state wanted to spend a billion euros on the project. But now it’s broken. Austria’s largest public broadcaster, ORF, had crossed the line. He had already started a similar campaign on his own in the fall. However, the broadcaster did not want to be exploited by politicians and refused to accept “government orders”.
“The talks with the ORF have shown that the ORF – due to legal concerns – sees itself unable to handle this project organizationally or to support this project,” said the Austrian federal government. A lawyer who advised the broadcaster said it was illegal to pay people to comply with the law. However, there is nothing to be said against the action taken by the ORF in the autumn, since it was an incentive to vaccinate voluntarily.
Vaccination opponents put pressure on
There is also opposition from the population. That was to be expected, however. Austria’s citizens are considered to be particularly skeptical about vaccination. The vaccination rate is currently almost 70 percent among those who have been vaccinated twice. Almost 76 percent have just been vaccinated, and at least a little more than half of the citizens have already received a booster (As of February 10, 2022).
The loud no against compulsory vaccination is reflected, among other things, in the result of a local council election in Lower Austria. There, the conservative ÖVP lost 20 percentage points – while the vaccination-skeptical party People, Freedom, Fundamental Rights (MFG) jumped to 17 percent. “There is a great deal of distrust in the system,” said Günther Ogris from the Sora Institute in Upper Austria, who examined the voting behavior of MFG voters. The party was founded last year and has already won victories in other regions. But it shouldn’t be long-lasting, Ogris estimates. He assumes that the party will disappear again after the pandemic.
But the turquoise-black coalition does not only have to defend its vaccination obligation politically. As already expected by legal experts, the Constitutional Court has received a first application to review the constitutionality. According to lawyers, it should be the prelude to many corresponding lawsuits. “Law review procedures at the Constitutional Court usually last between four and six months, a short period of time in international comparison,” said a Constitutional Court spokeswoman. The appeals against penalties from the administrative courts for violations of the vaccination requirement can ultimately end up with the Constitutional Court.
German lesson
Recently, the question of the proportionality of compulsory vaccination has been repeatedly discussed in the Austrian media. The Omicron variant could make it obsolete. And the low utilization of the hospitals, with which the government justified its relaxation ambitions, makes the vaccination requirement wobble.
Whatever the outcome of the story with the Austrian vaccination requirement, it is already an instructive example for Germany. The concept should be thoroughly thought through before it is implemented at lightning speed. This includes legal and epidemiological framework conditions. Experts have been saying for weeks: According to the current scientific status, compulsory vaccination is not an effective remedy against the omicron variant. That may make them obsolete. It is also questionable to what extent it can be maintained in summer, when the incidences are declining again anyway.
The Federal Government should at least keep these questions in the back of its mind – because at present a general obligation to vaccinate is once again becoming a distant prospect. If the facility-related vaccination requirement is already shaky, how should this measure be maintained across the board?