Even during the assessment process, there were a record number of critical statements against the federal law on compulsory vaccination, including from the Carinthian Initiative for Fundamental Rights and Freedoms. Attorney Bernhard Fink sees higher penalties after objections.
20.01.2022 12.35
Online since today, 12.35 p.m
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Constitutional Minister Karoline Edtstadler (ÖVP) said in the Ö1 morning journal that everything had been done to ensure that the law held – more on that in oe1.ORF.at Player. The federal government also announced an incentive and rewards package related to mandatory vaccination on Thursday – more on that in Incentive and Reward (news.ORF.at). Specifically, there should be a lottery.
Compared to the first draft, there are definitely improvements in the Vaccination Act, said lawyer Fink: “I think that it is constitutional in principle, but of course there are some vulnerable points.”
High penalties for objections for Fink “questionable”
Fink is very critical of the provision that appeals against penal orders can cost those affected more expensively. Anyone who is unable to provide proof of vaccination during controls from mid-March faces a fine of up to 600 euros and up to four times. In the case of objections, the fine can increase to up to 3,600 euros.
Fink sees this as a “legal no-go”. In the Administrative Penal Act, the general principle applies that an objection to a penal order may not lead to a more severe penalty being imposed in due process. This is a violation of the prohibition on deterioration. “I don’t think that’s a good sign for the population and also constitutionally questionable.”
Partial vaccination for certain professional groups as an alternative
Basically, Fink sees the obligation to vaccinate as the ultima ratio, as a last resort to prevent the health system from being overloaded and further lockdowns. From his point of view, the federal government failed to convince the population of the vaccination with more education and advertising. “One could also have considered introducing partial vaccination requirements, as is the case in Italy. Especially in the area of health workers, it would have been possible under the Epidemic Act for the Minister of Health to issue a regulation according to which health workers would have to be vaccinated throughout.” That means that vaccination is only compulsory for certain professional groups or as in Italy for over 50s only.
Some regulations from the Minister of Health and the Federal Government are still to be expected in order to implement the obligation to vaccinate. “You will also have to wait and see how they are designed – whether they are in accordance with the law and whether they can be reconciled with the constitution overall,” said Fink from the Initiative for Fundamental Rights and Freedoms.
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