Bundestag lawyers warn: The Robert Koch Institute has too much power!

Does the Robert Koch Institute headed by Lothar Wieler (60) have too much power? That is the conclusion of an expert study by the German Bundestag’s scientific service.

The reason for the study is the heavily criticized shortening of the recovery status of the Robert Koch Institute from six to three months. Since 14 January, the Robert Koch Institute has been able to independently determine how long after infection with the coronavirus a person can be considered to have recovered.

Previously, the COVID-19 exemption order stipulated that individuals were considered recovered for six months after infection. Now the ordinance refers to the website of the Robert Koch Institute: there, the authority determines how long convalescent status applies. With a click of the mouse, it is possible to determine who in Germany is considered convalescent and for how long.

Lawyers of the Bundestag warn that the Robert Koch Institute has too much power!

Who is considered vaccinated or recovered, and for how long, is “highly relevant to the exercise of fundamental rights.” This is because, in Germany, this status is “the basis for determining whether a person’s fundamental rights can be restricted by coronavirus measures or whether they can be exempted from them on the basis of a vaccination certificate or recovery status.” This determines whether people can go to restaurants or ride buses and trains without testing.

Lawyers for the Bundestag are “critical” of the fact that the regulation is left entirely to the executive because it is “of great importance for fundamental rights.” This means that it is no longer parliament that decides, but a body – the Robert Koch Institute.

The scientific service criticizes that after the amendment of the regulation “even the federal government (…) no longer regulates important aspects of the certificate of recovery regulation itself, but leaves this to another body, namely the Robert Koch Institute.”

Furthermore, there was no reason why the recovery status could not be changed “by adjusting the legal regulation in the ordinary legislative procedure”. There is no “scientific basis with respect to recovery status that would require such a rapid change in the current law.”

There is considerable “doubt” as to whether the IRK decision is “constitutional”

For German constitutional law expert Josef Franz Lindner (55, University of Augsburg), it is clear that the expert opinion “precisely and accurately points to the unconstitutionality of the regulation on the status of the recovered person.” Lindner said: “The decision on the length of the recovery period cannot be left to the Robert Koch Institute, and certainly not by simply referring to the Institute’s website.”

AfD Bundestag deputy René Springer (42, AfD) in an interview with BILD calls on the government to act “as soon as possible”. “Until then, the federal government must return to the old rule of 180 days for recoveries.” For him, the current regulation is clearly “unconstitutional”.

CDU health expert Erwin Rüddel (66) demands that the German parliament “quickly regain its decision-making powers”. For Rüddel, it is clear: “From a political point of view, leaving the decision regarding the shortening of the recovery status to the Robert Koch Institute was a serious mistake that must be corrected.”

source: www.bild.de

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