The ruling concerns legislative powers
Doctors had challenged restrictions on their professional freedom. The court found that the specific allocation rules did not prevent or contain infection and therefore could not rest on the federal infection-control power. It identified the Länder as principally responsible under the existing division of powers. [1]
AbilityWatch calls for an equal voice
AbilityWatch welcomed the opportunity to reopen a debate it considered too narrowly framed. Nancy Poser, a complainant in the earlier triage case, criticised the lack of serious discussion about distributing risks fairly. The organisation stressed that the duty to protect disabled people against discrimination remained and called for their participation.
Concern about different rules across states
BAG SELBSTHILFE warned on 6 November that divergent state rules could undermine trust. Its chief executive Martin Danner said: “Access to intensive care must not depend on the postcode.” The organisation called for the federal and state governments to establish a constitutionally compliant, nationwide solution.