Controversial statements from constitutional expert Benjamin Kneihs in the ORF “ZiB 2”. Only one of them: serial penalties are possible with mandatory vaccination.
A vaccination requirement is legally absolutely possible and compatible with the Austrian constitution, according to constitutional expert Benjamin Kneihs in the ORF “ZiB 2”. “Of course, the devil always sleeps in the details,” says the expert, “but basically I don’t see a problem there, in principle”. One of the “devilish details”, however, is the age at which the mandatory vaccination will apply. In the case of minors “who cannot decide for themselves”, Kneihs does not dare to say whether this would be legally valid.
The situation is different with the penalties for those who ignore the compulsory vaccination and would persistently refuse to receive a corona vaccination. “3,600 euros are the usual maximum rate for administrative fines, according to the constitutional expert, with a view to the amount of fines for those who refuse to be vaccinated who are already haunted by draft laws. However, according to Kneihs, the punishment is adapted to the financial circumstances of the person concerned anyway, so not always in full Wear come.
Even serial penalties are possible!
But then comes the big but: Those who refuse can always be fined, says Kneihs. For example, if unvaccinated people are given new vaccination dates over and over again. If the deadlines were not kept, it would set a new penalty every single time. The goal is of course not to issue as many penalties as possible, but to encourage people to vaccinate, according to the constitutional expert.
But it “has to be a certain height to be effective,” said Kneihs. And: “If someone just does not want to pay, then it will be enforced”, that is, attached, said the constitutional expert. If the money were uncollectible, there would only be a substitute custodial sentence, which is common but not absolutely necessary, according to Kneihs. What would also be conceivable and legally possible: To demand a (also monthly) deductible from unvaccinated persons or to offer them to the cash register for hospitals and doctor visits. For all of the points mentioned, however, it depends on how they are formulated in the law.
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