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Constitutional Court rejects urgent applications against compulsory vaccination for nursing staff
The vaccination requirement for staff in clinics and care facilities can come into force on March 15th. The Federal Constitutional Court refused to stop compulsory vaccination. With the decision announced on Friday, urgent applications from numerous affected parties were unsuccessful. The First Senate of the Federal Constitutional Court justified its decision with the weighing of consequences that is usual in summary proceedings. Accordingly, the disadvantages for the plaintiffs are no more serious than the disadvantages for vulnerable groups that would arise if vaccination were to be temporarily suspended. As justification, the Karlsruhe constitutional judges referred to the assessment of experts, according to which Covid 19 vaccinations “provide a relevant – albeit declining – protection also with regard to the omicron variant of the virus. The Bavarian Minister of Health Klaus Holetschek meanwhile defended Bavaria’s plans to introduce the facility-related compulsory corona vaccination with a “few weeks” delay. There are still too many unanswered questions. For example, how the enforcement and the controls of the compulsory vaccination should look like. Basically, Bavaria still thinks the facility-related compulsory vaccination is a good idea, Holetschek said: “Let’s use the time now to make adjustments and make improvements. So that this becomes a good and sensible law. And I believe that those who are now pointing the finger in the direction of Bavaria should think about what they have achieved in Berlin so far, if you don’t mind.” With the current decision of the Federal Constitutional Court, only the urgent applications were rejected The main proceedings remain pending.The First Senate pointed out that the constitutional complaints were not obviously unfounded.
Meanwhile, the Bavarian Health Minister Holetschek defended the plans to introduce facility-related corona vaccination later.