20.11.2020 – 09:42
Harald Nickel Attorneys at Law Partnership
HanauHanau (ots)
The amendment to the Infection Protection Act was overdue, but not enough. This is the conclusion reached by attorney Harald Nickel, Hanau, after the vote this week in the Bundestag. Nickel had already determined in a legal opinion in May of this year that the far-reaching encroachments on fundamental rights in the fight against the corona pandemic could not be legitimized by the previously applicable law. According to Nickel, this view was gradually followed by broad jurisprudence and ultimately also by politics.
What remains open, according to Nickel, is the question of damages and claims for compensation, which are not adequately regulated in the new version of the Infection Protection Act, neither for the past nor for the future. There is still a lack of a clear legal commitment by the legislature to existing claims for special victims, which are to be asserted in court beyond insufficient ‘voluntary services’: “All those affected who were required to make so-called special victims in the course of implementing the previous Corona measures are entitled for compensation or damages. ”
The amendment of the Infection Protection Act does not change the prospect of fighting these claims through legal action – on the contrary: The belated new regulation of the IfSG is a clear indication of the existence of claims for damages due to massive encroachments on fundamental rights without the necessary legal basis, according to Nickel, of the wants to set in motion as many model processes as possible in order to help the legitimate claims of a large number of companies and self-employed people to be given their rights. “Too many people affected still perceive themselves as petitioners. They are claimants whose rights are being challenged. The legislature was badly advised not to take this aspect into account in the new version of the Infection Protection Act. We have to change that,” said lawyer Nickel.
To the background:
Harald Nickel is a lawyer, specialist lawyer for tax law and lecturer in European public procurement law. He acts as an in-house or contract attorney for major companies and associations and as a permanent legal advisor and representative of several German cities and municipalities. He supports the initiative “Die Stadtretter” (Fraunhofer IAO) as legal advisor. As early as May 2020, Harald Nickel had drawn attention to the legal deficits of the Corona ordinances and the resulting legal consequences as part of the report “Compensation for financial losses due to operational restrictions / closings as a result of measures under the Infection Protection Act (IfSG), using the example of Hessen” . The report was commissioned by the Specialist Association for Integrative Care eV (FIV), Seligenstadt / Hessen, in mid-March 2020 and was published in early May 2020.
Press contact:
Harald Nickel
Tel.: +49 (0)151 55565555
Email: [email protected]
Original content by: Harald Nickel Rechtsanwälte Partnerschaftsgesellschaft, transmitted by news aktuell
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