New COVID-19 Measures Act clarifies powers: Curfew regulations and entry bans possible

Nov 1, 2020 Benn-Ibler Rechtsanwälte

A revision of the COVID-19 Measures Act has made the powers to deal with the pandemic more concrete and detailed. Included in this revision is the authorization to impose curfews and far-reaching entry bans.

In its new version, the COVID-19 Measures Act authorizes to "regulate the entering and the passing through of business premises, places of work, certain places and public places in their entirety, to regulate the use of means of transport as well as curfew regulations as health policing measures to prevent the spread of COVID-19" (Sec. 1 Para. 1).

The individual measures are described in more detail in the Act. With regard to the entering and passing through of certain places and public places in their entirety, it can be determined with immediate effect at the emergence of COVID-19, in which number and at which time or under which conditions and requirements these places may be entered and passed through (Sec. 4). However, the entering of public places in their entirety cannot be prohibited (Sec. 4 Para. 2).

Curfew regulations can be established if it is essential to prevent the spread of COVID-19, to prevent an imminent collapse of medical care or similar emergency situations, and entry bans are not sufficient (Sec. 5 Para. 1). In this way the leaving of the private living area is limited to certain purposes.

These purposes include the five (essentially already provided for under the old "curfew regulations"):

1. Averting immediate danger to life, limb and property,

2. Care of and assistance to persons in need of support as well as exercising family rights and fulfilling family obligations,

3. Covering the basic needs of daily life,

4. Professional purposes, if necessary, and

5. Spending time outdoors for physical and mental recovery.

BGBl. I No. 104/2020