The Bavarian State Government taking place by Minister Prosident Dr. Markus Soder on 16. Marz calls the disaster of Bavaria due to the Corona Pandemic now. Screenshot from the Youtube video of the Bavarian government
Theoretical search search for files in the state administration over "corona" in Bavaria
Several times I have in Bavarian Rundfunk a desperate of the Ministry of Health, who in terms of the health ministry "corona" intended for generally accessible scientific opinions on the Internet, which for the further procedure as a basis for decision-making "Epidemics" should have served, and that there is no file "corona" would give. The Minister of Health Melanie Huml has become so umvested and criticism. It was based on the management reports and associations of the Robert Koch Institute as well as the Bavarian State Office for Health and Food Safety.
According to the publications on the Internet, however, the opposite is to be amed that there are several files "corona" could give in different agencies and ministries.
The question arises which files for documentation of decisions in the case "corona" Legal and law had to be available.
The pandemic plan
There is a Bavarian pandemic plan of 15. February 2020, which after specifying the title page "continuously updated" should, published on the website of the Bavarian Ministry of Health.
However, this contaminated update is left to my knowledge until today, at least I did not find a publication. On page 13 of this plan are under point 1.4.2.2. To find organizational structures for crisis abolition. Reference is made to the:
Guidelines for the growth of major chases and other coordination efforts below the disaster threshold (Coordination Directive — Coordr), Announcement of the Bavarian State Government of 10. September 2007 AZ.: B III 2 — 2122-139 (Allmbl. S. 414) . An important instrument for the effective coating of a pandemic crisis at the top state level is the establishment of the coordination group Bayern according to the Coordination Directive. This should prevent the progression of the crisis to the stage of the catastrophic basis.
The coordination group Bavaria will be convened at the attention of the directly affected resort with the aim of ensuring the coordination of the necessary measures. In the case of an influenza abandemie, the directly affected, so that technically feather-leading department is usually the STMGP (Note D. Author: State Ministry of Health and Care). If life or health of a variety of people are in unusual exhibition danger or damaged, a convening is also considered by the Ministry of the Interior, for sports and integration.
The pandemic plan of 15. February was created in the context of COVID-19 events and is a first publication on the administrative trade in dealing with increasingly occurring diseases by a coronavirus. Thus, the plan is a first source for about existing files.
The disaster, the Ministry of Interior and other files
At 16. Marz was announced the catastrophic case for all Bavaria. The proclamation of the disaster with the ban on events and assemblies and further prohibited was the topic that dominated the media on this day.
Minister Prosident Soder recipiented the disaster in the Bavarian Radio. The results of the local elections were minor matter, which CSU has lost 5.2% of votes that have grunen 7.1% won. Greater media comments on the election results — as else elected, because the catastrophe was the most important.
The fundamental procedure of the administration in the event of a disaster is to be read in the Bavarian Catastrophe Protection Act (BayKSG). Gem. Kind. 5 BayKSG derives the civil protection workers and ensures that the maps are coordinated. Kind. 2 paragraph 1 BayKSG is:
A disaster in the meaning of this law is a daily life or health of a variety of people or the natural livelihoods or significant assets in unusual exhibition danger or damaged and the danger is repeated or the distortion can only be prevented and eliminated if under Head of the disaster protection workers The authorities, departments and organizations and the force used cooperates in civil protection.
Bayksg
The Ministry of the Interior, for Sport and Integration can take over the leadership of the disaster deployment in whole or in part or transferred to another subordinate catastrophe protection work. In the case "corona" Remained the management to defense the disaster at the Ministry of the Interior, at least no transfer was known to a subordinate authority.
From the 16. Marz 2020, ie on the day of the notice of the catastrophic, Interior Minister Herrmann has during the catastrophic in the day-to-day, later in weekly newsletters "Corona crisis" reported. These newsletters are an important source of documenting administrative action in terms "corona". In the newsletter of 24. May 2020 will report according to the statistical statistical overview of the organization in this disaster after the usual initiation:
Again and again, after ten weeks of detecting the catastrophic, the question of how it came to and how to organize themselves to become the situation Lord. To mitigate the bumper to be described in detail. I want to try it with a short presentation.
The organizational structure with which we work is a mixture of already existing organizational units of the general organizational organization and specially designed parts of a special construction organization. Much has developed out of the often surprisingly arousing location and is considered much, as a saying is saying that it has become. … Thus, the technical concerns already widened within the state government. In addition to the STMGP, the Ministry of Culture (Schools), the Science and Ministry of Application were in particular. Universities, Museums, Theater), the Ministry of Economic Affairs, the Ministry of Transport (Z.B. Good transportation, long-distance traffic, OPNV), the consumer protection ministry (certification of protective equipment), the State Chancellery (mainly political coordination of the state government, coordination with the Federal Government and the other countries), the Ministry of Finance (all measures cost money) and of course "my" Interior Ministry (Police, Rescue Service, Disaster Protection, Municipal Affairs), including the subordinate business areas. ..
But also within Bavaria, the coordination effort rose continuously. If one goes into consideration according to a divergent situation, schools shut down immediately on kindergarten and kitas, but also has consequences for the care of children at home and thus the working life of the parents. If the STMGP is intended to increase the capacity in intensive care beds, this concerns all the only those from the counties and county-free city, ie municipal, hospital instruments, the state-borne university clinics, but also private clinics. If the clinics of a region are no longer sir, the patient’s population, must possibly. be controlled across district and district boundaries. Must starting up, adopted and commercial prohibitions, focus on focus on quarantine acceptance, must be ordered by increasing laws, as well as general convictions or legal regulations. If the Confederation controls the limits to neighboring states stronger, this will demand the Bavarian border police. If outgoing reservations come, they have to be monitored for police. If support staff must be procured at other administrative branches, it must be allocated to the election and tainting properly. For all that, it needs a tightly organized reporting system and an effective information control, otherwise there is a surprising information flood or the loss of important information and at worst information schaos.
Everyone knows it from themselves. If you have a tricky situation to loose, you ask yourself, what have I been to resources yourself, who could give me. Help and what needs the can? The requirements were clear. All Bavaria is affected, so every solution must intervene in the entire state territory. It’s not done with a few support forces, it will need thousands. And there are ad hoc occurring, gorgeously even further scaling location developments probably, so it’s needed to handle crisis and unpredictable situations. Everything can best make the safety abilities and disaster protection against the background of their original orientation. Thus, the solution approach was present, even if this catastrophe is completely different from other than convimate natural disasters or human coarse loss events.
With the determination of the disaster with me on 13. Marz 2020 has resulted in a four-stage structure in the result. The ministerial political governance is instrumentalized in the catastrophic staff in the state chancellery. This usually means daily as a videoconferencing under the direction of the State Chancenom and the Deputy Chief of Stk. High-ranking representatives are at least the ministries mentioned, at least the Minister of Health and I. Here, strategic things are discussed and turnings that the Council of Ministers must, for example, the confusion or easing of restrictions and legislative initiatives etc., prepared.
Newsletter of 24. May 2020
This newsletter refers to several administrative centers in which files or. A documentation about the reporting had to be available.
This newsletter contains an amazing statement in addition to the organizational structures: "With the determination of the catastrophic basis by me on 13. Marz 2020 …" The Minister of the Interior claims he has the disaster on the 13th. Marz 2020 already found. Only on 16. Marz 2020 — with a delay of three days — this determination of the population was recognized and — at least according to the onset of the Minister of the Interior — initiated urgently necessary measures. The municipal elections were thus only instead of living in a catastrophic state, one "official confirmation" For the discomfort that had detected parts of the population, lacked.
That "Discomfort" Had different causes, some already held actionism for externally, others were almost panicked from fear of the virus. Determination is that in kind. 4 ABS. 1 Sentence 2 BayKSG should be discontinued the detection of the catastrophic incident of the public. How goods probably amed the choice if the catastrophe has already been announced on Friday? The importance of the allegedly necessary health protection of the population by excluding the catastrophic and introduction of allegedly necessary measures? What was it that the establishment of the Minister of the Interior has needed three days to the public?
At this point I allow myself a personal note: I hold the disease that can be drawn by SARS-COV-2, for one of many serious infectious diseases, which sometimes leads to death. Whether the cause of death on harms is based on mostly aged organs or for misconducting in the medical system or their own — perhaps careless — handling of the disease is unknown. It is just as unknown, how high the mortality is, everything is based on estimates, or. Incomplete and little meaningful quantities.
There are plenty of about 1.4 million people worldwide on tuberculosis and that for decades, I have no outcry in memory. Incidentally, tuberculosis is transmitted by droplet infection, such as SARS-COV-2 too. However, the transmission loss due to dread and aerosols is only discussed with SARS-COV-2 violently medial and politically. The year about 50.000 people in Germany who die of unused side effects of medicines remain unnosted by the media as the 20.000 people who die on infections with hospital germs. Every life is worth living and every death is regrettable.
A comprehensive overview of the current state in terms of Corona, in particular the importance of the published numbers, offers the theses paper 4.0 of 30. August, which was created by an interdisciplinary working group of generally accepted experts.
In various newsletters of Interior Minister Herrmann is described who participated in the various meetings, there was one "State-owned" and a meeting of the "Fugk", This is the lodging group catastrophic protection. It also had to give documentation.
In the newsletter of 17. June 2020, about three months after the disruption of the catastrophic basis, the Council of Ministers has decided that the statement of the catastrophic at the end of the 16. June 2020 should end. Accordingly, there was a lifting of the catastrophic with the following wording:
Corona Pandemic: Determination of the End of Disaster in Bavaria
Announcement of the Bavarian Ministry of the Interior, for sports and integration of 16. June 2020, AZ. D4-2257-3-35 The Bavarian State Ministry of the Interior, for Sport and Integration shall be followed by the following notice:
The end of the on 16. Marz 2020 detected catastrophe in the Free State of Bavaria Maens Art. 4 ABS. 1 Sentence 1 of the Bavarian Catastrophe Protection Act (BayKSG) is carried out at the end of the 16. June 2020 found.
Reason:
At 16. Marz 2020 was found on the existence of a disaster in the Free State of Bavaria due to the Corona Pandemic (Baymbl. No. 115). The infection numbers are now strongly jerked. They have been moving for some time as well as the other billion indicators at a low level. The danger in the sense of art. 1 ABS. 2 BayKSG can therefore be turned on otherwise as in the interaction of the communicating in civil protection under the direction of the disaster protection workers contributors. An event in the sense of the species. 1 ABS. 2 Bayksg is no longer available. Therefore, the end of the catastrophe is type. 4 ABS. 1 sentence 1 of BayKSG.
Joachim Herrmann
Noteworthy here is that, in contrast to the proclamation of the catastrophic, the determination of the termination of the disaster in the media — if supervised — only a small message was worth. Why was this joyful event, the catastrophe is averted, the Bavarian population more or less hide?
Small import into the administrative law for the file management — conclusion for the case "corona"
The administration is bound by law and law, so it is in kind. 20 paragraph 3 Basic Law):
The legislation is bound to the commitment-based order, the executive violence and the case-law are bound by law and law.
In short, administration is every action of a strangers of public violence if there is no legislation or case law. This means the handling of the proclaimed catastrophic case, even the determination of the catastrophic system, is administrative action. Administration is of the three state resorts the "executive", That’s what she is doing the decisions of legislation and the case-law.
The administrative procedure is principally insoflining unless there are form rules, it is determined in the Administrative Procedure Act. Thus, at the discretion of the authorities, as it is — under binding to law and law — a management procedure leads.
However, participants have a right to file inspection. From this right in turn, there is a bid of the complete activity of the files. The author is therefore obliged to document all essential advances. There is a court decision that in defective file management can enter a burden of proof. This means that instead of the authority has to prove a misconduct, the author has to prove that they did everything right.
In terms of corona this would be an interesting approach. What decisions were political nature and what decisions was administrative action, executed by the executive to ward off a catastrophe?
Already the statement in the newsletter, that before the meeting with the flee group civil protection the "State-owned" has taken place, raises the question of who informed or instructed.
Political will-formation is free from any documentation requirement, but the administrative trade needs to be documented and should be accessible to the public.
So this day-to-day meetings, under the direction of the Minister of the Interior Herrmann, had to give records, which attracted very far-reaching consequences. According to the newsletter of the Minister of the Interior, various representatives have reimbursed from resistors. In these agents, there must also be at least file marks on the seasonal reports.
The responsibility of the Ministry of the Interior as a catastrophic protection work
Federfuhrendende Due to the catastrophic basis, the Ministry of Interior was a catastrophic protection work. The various Bavarian infection protection regulations were all ied by the Bavarian Ministry of Health and Nursing, referring to § 9 of the Delegation Regulation (DELV).
Due to § 32 sentence 1 of the Infection Protection Act (IFSG) of 20. July 2000 (BGBl. I s. 1045), lasted by type. 1 and 2 of the law of 19. May 2020 (BGBl. I s. 1018) has been changed, in conjunction with § 9 no. 5 of the Delegation Ordinance (DELV) of 28. January 2014 (GVBL. S. 22, BAYRS 103-2-V), most recently by Regulation of 13. January 2020 (GVBL. S. 11) has been changed, prescribed the Bavarian Ministry of Health and Care ..
Other regulations, such as Z. B. the regulation on "Implementation of the Infection Protection Act (IFSG), the Bavarian Hospital Act (BayKRG) and the Bavarian Catastrophe Protection Act (BayKSG), the Emergency Plan Corona-Pandemie: General Communication to Wanting Substantial Patients in Hospitals Notice of the Bavarian Ministry of the Interior, for Sport and Integration and the Bavarian State Ministry of FUR Health and care of 8. May 2020, AZ. D4-2484-2-7 and G24-K9000-2020 / 134" were quite adopted by all ministries with reference to the catastrophe.
The emergency plan Corona pandemic to maintain the doctor’s care during the detected catastrophic system was considered as "Common Notice of the Bavarian Ministries of Interior, for sports and integration and health and care" adopt.
Company for the catastrophic basis was that the danger can only be removed, "If, under the direction of the Supreme Disaster Protection Agody, which cooperates in civil protection, cooperates, services, organizations and the force used." In the catastrophic protection law, applicable statutory provisions remain unused, as far as this law contains no conflicting regulations.
The Delegation Regulation was allowed to be unpathable in this disaster, as a single-aiming of any ministry or a government to the evidence of the disease registrator under particular observation, with reference to a delegation regulation, incorporating the insights of the Ministry of Interior as a catastrophic protection against the interaction of all institutions involved institutions. In addition, a law is ranted than a regulation.
Therefore, I come to the conclusion that at least the infection protection maw ordinances adopted at the time of the disaster failure were adopted by an Untituded Ministry. Due to the proclamation of the catastrophic, all participants had to be visible to the outside, as happened when adopting other regulations. The infection protection maw orders were apparently adopted by the Ministry of Health.
In several registry and ministries (Z. B. The State Office for Health, the Ministry of Education, the State Chancellery), as well as of the newsletters of the Minister of the Interior, there must be the procedures of the transactions in files together instead of individual fonts in files, even if the adoption of the Infection Protection Associations was a sole-ailing of the Ministry of Health.
However, I have already experienced that files are living organisms that have shrill and growth. In a matter, a file is in the time of the call of the administrative employees, I can pick up the file, to pick up to pick up without a trace. In the same matter, I was notified that a receipt of a habilited lawyer in the file was wrong, because instead of the stated six files, he has received only two acts, the other files are not existent. These allegedly non-existent files were first reconstructed, documents were copied with the authorities and summarized in files without attaching a reference to the reconstruction on the file. In the last file inspection, a reference to reconstruction was included on the files. There may be incomplete file copies that resulted in the breast tone of the conviction — and a supposed truth accordingly — false facts are asserted.
The theoretical tracking thing according to files in the case "corona" In Bavaria ends that there must be documentaries in the form of files. However, the question is in whose dominion and in what condition these are. This was the topic for a practical search search.
My belief in the rule of law is still maintained by the many people who comply with law and law and occur for it. Thank you all explainfully.