Important law missing

Experts: “Then we’ll be naked again”

After the pandemic, there was a lot of discussion and thought. There is no new epidemic law yet. The current one dates back to 1913.

(Bild: zVg, APA/Helmut Fohringer, Krone KREATIV)

Corona also hit Austria hard in 2020. It was poorly prepared, partly due to the lack of a current law. Despite major announcements, the government is no longer able to do this. This has been met with fierce criticism. And there are demands as to what the new law must be able to do.

Corona - here to stay. Four years ago, the virus brought chaos and confusion. It was recognized: There is an epidemic law. But this dates back to 1913, with a minor adaptation in 1950. Everyone agreed: we need a new law that reflects the current situation. And quickly.

The next government should fix it
Although there is a draft, Health Minister Johannes Rauch (Greens) announced a week ago that the law would no longer be possible in this legislative period. Too many stakeholders, too many interests. Also from the federal states. The next government should take care of it.

Health Minister Johanns Rauch announced that the new Epidemics Act will no longer be possible.

(Bild: APA/EVA MANHART)

This has caused astonishment and even anger. NEOS health spokesperson Gerald Loacker: "This government has failed at every reform. And if the Minister of Health lacks the courage to issue instructions to the provincial princes, even the best pandemic law will be useless." Federalism is a hurdle for the healthcare system and epidemics in general, says Christiane Druml, Chair of the Bioethics Commission.

"The next epidemic will leave us naked"
Environmental medicine specialist Hans Peter Hutter from the Medical University of Vienna warns: "Without a new law, we'll be left naked again when the next epidemic hits. And one thing is certain - the next one is sure to come." Lawyer Druml believes that a new law should have been passed decades ago, adapted to the relevant scientific findings. In September 2021, she and other experts discussed the question "What must a new epidemic law be able to do?" "We assumed that a current, modern law would be passed in the next six months. You can see how you can be wrong."

But what does the new law need?
"We need rules to be prepared. What do we do if polio comes back to Austria and the unprotected fall ill? We would have to intervene immediately. This is only possible with a law that works at state and federal level. Epidemics don't respect district borders." 

Of course, a law must also be subject to review by the Constitutional Court and clearly reflect scientific progress. Provide for possible tests and vaccinations. "This means that it must be possible to take all protective measures, from tests to vaccinations. All scientific findings that are evidence-based must be adhered to."

A law must be well prepared, says Hutter, who is assisted by Druml. There also needs to be a central coordination office in the Ministry of Health, which can be monitored by parliament. It must be prevented that a patchwork of laws emerges again, which complicates and hinders action.

Key point: data collection
Key for Hans Peter Hutter: access to Austria-wide data is needed. The weakness of the system has been painfully exposed by coronavirus. "Otherwise there is a lack of knowledge about developments. This has long been common practice in other countries." An authorization for the government or the responsible minister must also be anchored in the law. But first a new government is needed from the fall. That could take some time. And it must be assumed that a new epidemic law will not be at the top of the priority list.