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What is a state of emergency in Germany?

  • March 19, 2020

Though disaster relief responses are administered by the German states (Bavaria already declared a state of emergency on Monday), the federal government in Germany has the option of declaring a nationwide state of emergency, which has never happened in the country’s post-war history.

Before the state of emergency: Infection protection law

There is an important caveat to begin with in the current situation: The German government may not even have to implement a state of emergency, as it is already using powers imparted under the “Infection Protection Law” of 2001.

This gives the government powers to limit some constitutionally-mandated freedoms during an epidemic: Namely, the freedoms of movement, assembly, and the inviolability of the home. However, if stronger powers are deemed necessary, then a state of emergency can be implemented.

Read more: Coronavirus and basic rights: What is the German state allowed to do?

What is a state of emergency?

The main purpose of a state emergency is to secure the government’s ability to act in a crisis. That means the declaration expands executive powers and restricts the powers of the parliament, which, in the event that parliamentarians cannot convene, can be reduced to a kind of skeleton assembly: a “Joint Committee” made up of 48 legislators: two-thirds of whom are members of the lower house, the Bundestag, and one-third of the upper house, Bundesrat.

The state of emergency was regulated in the German Emergency Acts, passed in 1968 after a long discussion, fueled in part by memories of the Nazi regime and how its rise to power was aided by emergency measures enacted in the Weimar Republic. The 1968 Acts were incorporated into various parts of the German constitution, or Basic Law.

  • Empty shelves in a German supermarket

    How is coronavirus affecting life in Germany?

    Food donations drop

    Panic-buying has left empty shelves in supermarkets — and food banks. With Germans snapping up canned goods and toilet paper to weather the outbreak, stores have fewer supplies left over to donate to the needy, said Jochen Brühl, head of Tafel Deutschland, which supports more than 1.5 million people with surplus groceries and other donations. Brühl encouraged those who had overreacted to donate.

  • A fan dressed as a ghost sits alone in a stadium

    How is coronavirus affecting life in Germany?

    Bundesliga suspended

    After playing one match behind closed doors, the Bundesliga has suspended its season until at least April 2. The Germany football league had considered playing matches behind closed doors until Paderborn’s coach Steffen Baumgart and defender Luca Kilian tested positive for COVID-19.

  • A sign blocking the entrance to the Leipzig Book Fair, saying No entrance

    How is coronavirus affecting life in Germany?

    Cultural cancellations

    Cultural life has also taken a hit, with major fairs and trade shows canceled or postponed. Among the casualties were the Leipzig Book Fair and the Musikmesse Frankfurt, Europe’s biggest music trade fair. Numerous clubs, galleries and museums have closed across the country, and the gala award show for the annual German film and television award, the Goldene Kamera, has been moved to November.

  • A man sits inside an empty Chinese restaurant in central Milan

    How is coronavirus affecting life in Germany?

    Not the ‘Wuhan flu’

    The Chinese origin of the virus has led to an increase in xenophobic sentiment in the places worst hit by the outbreak. Asian restaurants and stores — not just Chinese — have reported empty tables in countries hard hit by the pandemic, and people with Asian features have experienced discrimination. At a recent Bundesliga game in Leipzig, a group of Japanese fans was ejected from the stadium.

  • A Lufthansa Airbus 320-200 parks at Düsseldorf airport, behind a bright red light

    How is coronavirus affecting life in Germany?

    Flights grounded

    German airline Lufthansa has massively reduced its flight capacity as business and personal travel is cut back. The flagship carrier is now seeking state aid, according to a report from Germany business newspaper Handelsblatt. Lufthansa CEO Carsten Spohr will be attending a meeting with German Chancellor Angela Merkel, according to government sources.

  • A worker completes an electric car body at the assembly line at the plant of the German manufacturer Volkswagen AG (VW) in Zwickau, eastern Germany

    How is coronavirus affecting life in Germany?

    Car production crippled

    Car plants in China have been shut down since January, and major German automakers like Volkswagen and Daimler have said both sales and production have been hit by the epidemic. And with many automakers sourcing electric car parts from China, work at plants in Germany has also hit a stumbling block. Berlin has said it plans to financially support companies suffering coronavirus losses.

  • People visit the dome of the Reichstag building in Berlin

    How is coronavirus affecting life in Germany?

    Fewer tourists

    “The consequences for the German tourism sector are serious,” warned Guido Zöllick, head of the German Hotel and Restaurant Association. Already by the second week of March, 76.1% of members had reported a sharp decrease in bookings and a drop in revenue. The German parliament has banned tourists from visiting the glass dome of the Reichstag building until further notice.

  • Border authorities check the temperature of a traveler in the Czech Republic

    How is coronavirus affecting life in Germany?

    Border checks

    In an effort to prevent further spread, Germany has closed its borders with France, Luxembourg, Switzerland, Austria and Denmark. Authorities in Poland and the Czech Republic had already begun spot checks, measuring the temperature of travelers crossing main road borders out of Germany.

  • Stock photo of school chairs (picture-alliance/dpa/C. Seidel)

    How is coronavirus affecting life in Germany?

    School closures

    Preschools and primary schools across Germany have shut. The closures have affected more than 2.2 million children up to age 16 countrywide, according to Germany’s Federal Statistical Office. German television stations have adjusted their programming in response to the school closures.

    Author: Martin Kuebler


Read more: Opinion: Germany’s disappointing lack of leadership on coronavirus

The acts define different plans for four different states of emergency: states of defense (a military attack), states of tension (an intermediate stage before a state of defense), internal emergency (defined as a threat to the basic democratic order), and natural disasters.

The coronavirus could be defined as a natural disaster, but since it makes mass gatherings like parliamentary sessions dangerous, the government may be forced to call the current crisis an internal emergency, as the democratic process is under threat.

Read more: What you need to know about the coronavirus

What does a state of emergency allow the government to do?

A state of emergency is defined differently in the different German states, but in general it gives the government extraordinary powers to take control of hospitals and medical equipment, centralize control of all emergency services, impose quarantines, and set up road blocks.

In Germany, depending on what kind of state emergency is called, it also allows for the restriction of certain freedoms otherwise defined in the Basic Law.

One of these freedoms has already been heavily circumscribed by the coronavirus: the freedom of movement, as defined in Article 11, which already says that freedom of movement may be limited “to combat the danger of an epidemic.” The danger of an epidemic is also defined as a reason to limit the inviolability of the home.

Read more: Coronavirus: Germany plans to mobilize military reservists

Similarly, Article 12 of the Basic Law, which guarantees the right to “occupational freedom,” also includes a paragraph saying that under a “state of defense,” citizens may be obliged by law to join “civilian services for defense purposes, including the protection of the civilian population.”

Meanwhile, Article 10, which guarantees the right to the privacy of mail and telecommunications, can also be restricted,” if the restriction serves to protect the free democratic basic order or the existence or security of the Federation or of a Land.”

  • Human hand cleaning a door handle

    Hands off! What can we touch during the coronavirus outbreak?

    Contaminated door handles

    Current research says the coronavirus family of viruses can survive on some surfaces, like door handles, for an average of four to five days. Like all droplet infections, SARS-CoV-2 can spread via hands and frequently touched surfaces. Although it hasn’t previously been seen in humans and therefore hasn’t been studied in detail, experts believe it spreads similarly to other known coronaviruses.

  • Plate of food being passed over a container of cutlery in a cafeteria

    Hands off! What can we touch during the coronavirus outbreak?

    Not so delicious

    A certain degree of caution is called for when eating lunch at your work cafeteria or in a cafe — that is, if they haven’t been closed yet. Technically, coronaviruses can contaminate cutlery or crockery if they’re coughed on by an infected person. But the German Federal Institute for Risk Assessment (BfR) states that “no infections with SARS-CoV-2 via this transmission route are known to date.”

  • Child's toy in focus with child out of focus in the background

    Hands off! What can we touch during the coronavirus outbreak?

    Virus-carrying teddy bears?

    Should parents be afraid of a possible infection from imported toys? It’s unlikely, say the BfR. As of yet, there are no cases of an infection via imported toys or other goods. Experts have so far assumed that the viruses have a relatively low environmental stability, but research does show that the pathogens can remain infectious for several days, especially in high humidity and cold settings.

  • Pacakges in a warehouse

    Hands off! What can we touch during the coronavirus outbreak?

    Packages, letters and shipped goods

    A recent study from the Rocky Mountain Laboratories in the US found the novel coronavirus can survive up to 72 hours on stainless steel and up to 24 hours on plastic and cardboard surfaces — in an ideal laboratory setting. But because the survival of the virus is dependent on many factors like temperature and humidity, the BfR says getting infected from handling the post is “rather unlikely.”

  • A woman holding her dog up to the window in Italy

    Hands off! What can we touch during the coronavirus outbreak?

    Can my dog infect me, or can I infect my dog?

    Experts consider the risk of pets being infected with the coronavirus to be very low. But they can’t yet rule it out. The animals themselves show no symptoms, so they don’t become ill. However, if they are infected, it is possible they could transmit coronaviruses via the air or via excretions (their poop).

  • People shopping for fresh vegetables at an outdoor market

    Hands off! What can we touch during the coronavirus outbreak?

    Fruit and vegetables: suddenly dangerous?

    “Unlikely.” According to the BfR, transmitting SARS-CoV-2 via contaminated food is not likely to happen and, so far, there are no proven cases of infection this way. As the viruses are heat-sensitive, heating food during cooking can further reduce the risk of infection. Of course, you should thoroughly wash your hands before cooking and eating — and this goes for anytime, regardless of corona!

  • Woman reaches into supermarket freezer

    Hands off! What can we touch during the coronavirus outbreak?

    Contaminated frozen food

    Although the SARS and MERS coronaviruses known to date don’t like heat, they are quite immune to the cold. Research shows they can remain infectious at minus 20 degrees Celsius for up to two years. But the BfR gives frozen food the all-clear. So far, there’s no evidence of SARS-CoV-2 infection via the consumption of any food, including frozen food.

  • Bat hanging upside down

    Hands off! What can we touch during the coronavirus outbreak?

    But leave those wild animals alone!

    The COVID-19 outbreak has prompted many extraordinary measures and China’s ban of the consumption of wild animals is no exception. There is compelling research to suggest the novel coronavirus originated in bats before being passed to humans via another intermediate animal. But it’s not the animals we need to blame — experts say humans are exposed to these viruses via our interaction with animals.

    Author: Julia Vergin (cs)


Perhaps more relevant for the current situation is Article 91, which outlines how police forces may be administered during an “internal emergency.” This finds that, “in order to avert an imminent danger to the existence or free democratic basic order,” the federal government can issue instructions to state governments, and therefore effectively take over their police forces.

As in a natural disaster, a threat to the free democratic order may also be used as a reason to deploy the armed services.

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Article source: https://www.dw.com/en/what-is-a-state-of-emergency-in-germany/a-52846653?maca=en-rss-en-all-1573-rdf

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