In the letter to the leaders of the prospective traffic light coalition agreed with Chancellor Helge Braun (CDU), Spahn points out two ways in which this could be legally implemented. Either could Section 28a of the Infection Protection Act, in which the known Corona measures are listed, are changed in such a way that the measures are no longer linked to the existence of a nationwide “epidemic situation of national scope”. This would give the state governments a free hand to regularly update their Corona ordinances as before.
Alternatively, the federal states could also have the further applicability of this paragraph and thus the measures determined via their state parliaments – that would then be a kind of “Epidemic situation” at state level, so that masks, 3G or other measures can be arranged further. The Infection Protection Act expressly provides for this possibility.
“As Federal Minister of Health, I propose an agreement on how to proceed in this matter between the parties that are currently negotiating a governing coalition,” the letter says. Spahn himself had spoken out in favor of the Corona state of emergency at the federal level not to be extended again beyond November 25.