The separation of powers in the aftermath of the pandemic in Germany

The presentation discusses whether delegating regulatory powers to the executive in the context of fighting the COVID-19 pandemic in Germany reflects a constitutional crisis with regard to the seperation of powers? A first part will sketch the constitutional framework for delegating regulatory powers. Against this background, a second part will discuss the constitutionality of the delegation of regulatory powers for non-pharmaceutical interventions in § 28a of the Infection Protection Act (IPA). Finally, the relationship of Parliament and the executive will be considered from the reverse perspective and the question adressed whether the statutory „emergency brake“ (§ 28b IPA) amounts to too much parliamentary steering?