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https://orf.at/stories/3175272/
"Mistake happened"
Anschober announces ministerial reform
Around 100 legal steps, including decrees and ordinances, have been implemented in the pandemic in the past few months. The Constitutional Court (VfGH) overturned parts of it last week. There was also harsh criticism of the current entry regulations. Minister of Health Rudolf Anschober (Greens) reacted to this and announced a reform in the Ministry of Health on Tuesday.
In the course of the reform, Anschober wants to undo a change of department by his predecessor Beate Hartinger-Klein (FPÖ). The health minister criticized this organizational reform as weakening the crisis. In the coming year, he also wants to put the 1913 epidemic law on a new footing.
The legal team should also be increased. After the “bang” of the VfGH, which declared parts of the Covid Measures Act to be inadmissible, these formulations must now be “quickly repaired”. The aim is to deal with the amendment in the National Council in September. There will also be an assessment for this. The court referred to the wording in the Covid Measures Act and saw no general exit bans covered by it.
Override distance rules
Ongoing proceedings in areas that were canceled by the VfGH are being discontinued, according to Anschober. A subsequent punishment would be examined, but was “legally highly sensitive”.
The distance rules were also part of the VfGH complaints. These will now be overridden in the next few days. This is no longer punished across Austria. Anschober nevertheless appealed to personal responsibility in dealing with contacts.
ÖVP club chairman August Wöginger also announced amendments at another press conference in view of the recent verdict by the constitutional judges, "so that there is the necessary legal basis". The ministries are now examining whether amendments are necessary. "If you need it, we are always ready to implement it."
"That was bad work"
In addition, the processes for the creation of legal acts are to be reorganized. The background to this is also the complaints about the entry regulation, which even Anschober takes a critical view: “It was bad work. Period. ”A number of errors had occurred. Anschober: "This must not be repeated."
Woman with face mask in front of a restaurant
The constitutional service in the Federal Chancellery must be involved more extensively before the publication of regulations, for example. For this, Anschober announced an instruction. That was a debt from his ministry, which was not fulfilled in the entry regulation. However, Anschober emphasized that it had nothing to do with rivalries and inconsistencies with the constitutional service. In addition, external controlling is needed. The incorrect entry regulation is now corrected at short notice. "But the content will remain. In the medium term, it should be put on a new footing and become more readable, ”Anschober said. This is important because there are currently some travel-related clusters.
Different interpretations
Lawyers only found "sloppiness" on Monday with the current entry ordinance. It was too imprecise and could be interpreted differently. The regulation was adopted late Friday evening and has been in effect since Monday. At the weekend, it caused confusion and misinterpretation.
It now applies that a mandatory PCR test is required to return to Austria from CoV risk areas. If this is not the case at the time of entry, those affected must return to their home quarantine and take the test within 48 hours. Under no circumstances can the quarantine leave third-country nationals - even if they submit a negative PCR test, unless they are resident or habitually resident in Austria.
While mandatory PCR testing was mentioned in a first press release, the ministry then interpreted the ordinance as an alternative to the (now mandatory) test that it was possible to remain in the ten-day quarantine - without testing. That is not the case. The test must definitely be rescheduled, according to the final information from the Ministry of Health.
NEOS pleased with "self-knowledge"
It was "positive to acknowledge that Minister of Health Anschober admitted mistakes and praised improvement", NEOS health spokesman Gerald Loacker responded in a broadcast. The "chaotic picture" of the past week but "certainly not" due to too few employees. Loacker called for “real national ruling” and greater involvement of the opposition.
The FPÖ has sharply criticized the "accumulation of errors" in the CoV regulations of the Ministry of Social Affairs. "If such a mistake had happened to a free minister, there would be a rustling in the leaf forest and there would be hail demands for resignation," party leader Norbert Hofer criticized in a broadcast. Chancellor Sebastian Kurz (ÖVP) has lost control of his government.
