SHARE
COPY LINK

OPINION AND ANALYSIS

OPINION: Why Germany can’t break out of its Covid rules rut

Despite other countries getting rid of Covid regulations like mandatory masks on public transport, Germany remains devoted - while also allowing events without masks. Columnist Brian Melican asks why the country can't move on from inconsistent rules.

People board a train in Berlin in May 2022. People in Germany are still required to wear a medical face mask on public transport and on planes.
People board a train in Berlin in May 2022. Photo: picture alliance/dpa | Monika Skolimowska

If you’ve always dreamt of being able to travel in time, there’s now a surprisingly easy way to do it: just take the ICE from Brussels to Cologne. When you get on at Midi station, things are just like they were in Germany in July 2019: friendly guards greet passengers at the doors and, soon after departure, someone from the BordBistro comes through to first class with a tray of coffee; the weather is fine, the train is punctual, and everyone is beaming ear to ear. You can see they are, of course, because they’re not wearing masks.

Then, in one of the tunnels between Liège and Aachen, we speed into July 2022 Germany: “Meine Damen und Herren…” The jarring announcement tells passengers in four languages – and in no uncertain terms – that they have to wear a medical face-mask on public transport in Germany; they may remove it to eat and drink, but must not overextend the break, and must make sure that it always covers both their mouth and their nose; any deviation from this rule will result in them being removed from the train. Suddenly, the guards and waiters re-appear – and this time, they’re not smiling…

Okay, so this may not be genuine time travel, but it’s certainly a good piece of absurdist theatre and, what is more, a graphic example of just how dysfunctional the German approach to dealing with Covid has become. It’s not that Germany is the only country with an irrational fear of people catching corona on trains and buses (but not, say, in pubs, gyms, or shops): in the UK, France, and Belgium, public transport was one of the last non-clinical settings in which masks were still required; in Sweden, trains were the only one in which they were officially recommended. Yet, everywhere else, common sense eventually prevailed.

In Germany, meanwhile, the world’s largest beer festival and proverbial germ-den, the Oktoberfest, will be returning on 17th September, from when each of the 16 largest tents will be welcoming up to 10,000 guests belting out Schlager (and virus particles) from 11am to 11pm daily for two weeks straight. It will, however, still be illegal to take the underground to the festival site without wearing a mask.

READ ALSO: The worst of both worlds: Germany’s coronavirus policy pleases no one

In view of the manifest absurdity of the current situation – and the fact that we are now one of the few remaining European countries with any form of legally-required non-pharmaceutical interventions left in place – it’s worth asking what has gone wrong in Germany, a country which, in the first phase of the pandemic, took a more liberal, measured approach than many of its neighbours and which, since 1949, has tended to uphold constitutional freedoms to a laudably high degree.

People get on and off an S-Bahn train in Frankfurt.

People get on and off an S-Bahn train in Frankfurt, with many people wearing masks. Photo: picture alliance/dpa | Arne Dedert

READ ALSO: Germany’s current Covid mask rules

Politics in favour of ‘hardcore’ restrictions 

So why do we still have patently pointless busy-body laws? The first answer to that is: politics. In the coalition, two of the parties – the SPD and the Greens – are wedded to hardcore restrictions, trying to delay their removal in March and inserting back-doors for the states to keep them in place; it was only thanks to the FDP that there was any loosening at all, and to get rid of the bulk of restrictions elsewhere, they opted to sacrifice mask-free public transport use. (Their core voters are car-drivers). As with all bad compromises, however, no-one is satisfied – and everyone is gearing up for negotiations on what replaces the current fudged legal framework for remaining restrictions when it expires on 23rd September. 

Beyond the inevitable spat between a bullish FDP and panic-stricken SPD and Greens, the political problem in Germany is broader. The legislative instrument up for renewal is termed Infektionsschutzgesetz – literally: ‘infection protection law’ – while the state-level restrictions derived from it are called SARS-CoV-2-Eindämmungsverordnungen, which means ‘statutory orders to halt the spread of SARS-CoV-2′. As such, the political debate in Germany is still being held on the premise that we are able to control the spread of coronavirus and that there are state interventions which can prevent it from infecting the entire population.

READ ALSO: German politicians clash over Covid rules for autumn 

In most other European countries, the Omicron wave led to the realisation that it was no longer possible to stop Covid spreading without opting for Chinese-level lockdowns – and to a slightly risky, yet thus far broadly successful strategic switch towards, on the basis of broad vaccination, using the milder variant to build up herd immunity at a lower cost in terms of sickness. While it is easy to understand just how difficult a plunge this is to take – applied too early (i.e. before inoculation), the herd immunity strategy was the reckless hallmark of Johnsonian/Trumpian policy – the facts of the matter are plain to see. Accordingly, from ex-WHO SARS research coordinator Klaus Stöhr to Andreas Gassen at the GP association, there is no shortage of epidemiologists and medical professionals in Germany arguing that now is the time.

People walk past a test centre in Frankfurt.

People walk past a test centre in Frankfurt. Photo: picture alliance/dpa | Arne Dedert

German angst over Covid remains

It isn’t the time, though, because – and this is the issue – Germans aren’t ready. That’s the other reason we still have these pointless busy-body laws: because the populace is willing to abide by them. Part of the reason the UK got rid of re-imposed coronavirus restrictions for good in February was because compliance was so low as to make a mockery of them: in a country where ONS statistics estimate that 90 percent of the population has already had Covid and where mortality has plummeted, people no longer see the point in protecting themselves; ditto across the Channel, where, after complying to a surprisingly high degree with the excessive regulations in 2020, the French rediscovered their Gallic shrug this spring once they’d all had the disease.

We Germans, of course, are different. There has been no shortage of ink spilled on our national willingness to comply with even obviously pointless regulations and on our communal love of policing each other’s conduct (least of all by me). The problem with corona is that our notorious obsession with compliance is multiplied by another of our national traits: hypochondria. German sensitivity to illness has its good sides – even before Covid, we didn’t go into the office or to parties with streaming colds – but can, like all worthy characteristics, become pathological.

As political parties well know, a majority of Germans is still terrified of corona and has now come to view others’ mouths and noses primarily as a source of danger. After sandals at swimming pools, towels in saunas, and removing shoes at apartment doors, masks are now the next behavioural modification Germans are willing to make – and enforce – in their quest for marginally improved hygiene.

The stress, of course, is on ‘marginal’. As last week’s report on government restrictions underlined, masks can be a useful tool in stopping the spread of respiratory illness – provided, of course, they are worn properly and continuously. Germans beloved FFP2 masks do not seem to offer much more protection than other forms of face coverings. So forcing restaurant diners to put on a specific type of mask from the door to their table, where they then remove it to eat, drink, and be merry, is an exercise in pointlessness. Ditto on trains, where people also eat and drink (not least in the BordBistro…).

Of course, we didn’t really need an expert commission to tell us this: it is borne out by the fact that Germany’s highest ever rates of infection were back in March, when – along with a whole other range of bewildering regulations (anyone remember “2G+”?) – mask-wearing was in force and, moreover, while even famously light-touch Sweden (with whom our per-capita death rate is comparable) had absolutely no restrictions and an exceptionally low case-load.

A sign at the Cologne carnival in February 2022 saying entry is '2G-plus' - only for vaccinated/recovered people who can show a negative test, or boosted people.

A sign at the Cologne carnival in February 2022 saying entry is ‘2G-plus’ – only for vaccinated/recovered people who can show a negative test, or boosted people. Photo: picture alliance/dpa | Thomas Banneyer

This and other glaringly obvious incongruities, however, won’t stop German Health Minister Karl Lauterbach and his like from trotting out their tired mantra that a high seven-day incidence means that restrictions are needed (regardless of hospitalisation or the overall burden of illness) and that restrictions must mean masks. It won’t stop Germans from agreeing with him, either: our unappealing assumption that we know best means that, rather than asking why our death rate is so high after two years of uninterrupted Covid restrictions of one form or another, we simply assume that neighbouring countries must somehow be wrong.

READ ALSO: School closures in Germany ‘cannot be ruled out’, says minister 

So expect plenty more exercises in cross-border train-travel pointlessness – along with the widespread re-imposition of indoor mask-wearing, hand-disinfection, and testing requirements this autumn. When it comes to coronavirus, it’s Groundhog Day in Germany – and, really, our time loop is stuck somewhere back in 2020/21. The train to 2022 leaves from Cologne every two hours at 42 minutes past.

Member comments

  1. Hello. It might be something to consider that there are many people that are immune compromised and they cannot avoid public transport. But, they can avoid the gym, Oktoberfest, restaurants, etc. Masks save lives and it makes sense to continue using them in situations where there are people that are at risk. That is my soapbox speech 😉

Log in here to leave a comment.
Become a Member to leave a comment.

OPINION AND ANALYSIS

OPINION: How bureaucracy is slowly killing Germany

Germany is struggling so much under the weight of bureaucracy that it would take even more red tape to make things better, writes Jörg Luyken. Is there any hope for the beleaguered Bundesrepublik?

OPINION: How bureaucracy is slowly killing Germany

In the summer of 2022, I attended a Q&A session that Olaf Scholz held with members of the public in the city of Magdeburg. Coming only a few months after the Russian invasion of Ukraine, most of the questions centred on sanctions, energy costs and Berlin’s response to the war.

But the response I found most revealing was on the dull topic of tax reform.

An audience member asked Scholz why the VAT rate on dog food is seven percent but on baby food it is 19 percent. Parts of the system “don’t seem very coherent to me,” the man said with obvious understatement.

READ ALSO: Bureaucracy and high taxes: Why Germany is becoming less attractive for business

“I don’t think you’ll find anyone who understands the list of VAT exceptions,” Scholz replied with a grin, adding that “at any rate I don’t understand it.”

“But I can tell you that all attempts to change it have ended in a massive disaster,” he continued. “If we were to lay an empty table today, we would definitely do differently. But the system is there now and I think we will have to live with it for a while yet.”

It was a fascinating answer. Essentially, Scholz admitted that there are some regulations that are so complex that no one really understands them anymore. But trying to simplify them just isn’t worth the effort.

It reminded me of a story I once heard about Cairo’s famously dysfunctional traffic system.

Legend has it that Egypt invited a group of Japanese planners to come up with a way to fix it. But the Japanese were so befuddled by what they found that they advised the Egyptians to leave things exactly as they were. The system was so confusing that any attempt to tamper with it might only make things worse.

A similar thing could be said of Germany’s regulatory system. It can be contradictory and infuriatingly slow, but open the can of worms of trying to simplify it and you will probably live to regret it.

private pension plans spain

VAT is just one more confusing piece of German bureaucracy. Photo: Mathieu Stern/Unsplash

Summer snow and other oddities of German red tape

VAT serves as a notorious example. But, wherever you look in German life, you will find egregious cases of sprawling and overlapping regulations.

A few amusing examples:

In August 2022, the town of Esslingen in Baden-Württemberg wanted to organise a summer fête to help local restaurants get back on their feet after Covid. The idea was to build temporary food huts that restaurants could rent cheaply. But planning authorities insisted the huts be built to take the weight of heavy snowfall – during a month with average temperatures of 19C. The fête went ahead, but the eventual costs were “exorbitant,” city officials said.

Last winter, the town of Tübingen acted on an appeal from the federal government to cut gas usage. They decided to switch off street lights between 1 am and 5 am, something that would cut energy costs by 10 percent. Shortly afterwards though, they had to backtrack. The measure contravened a regulation on providing light for pedestrians. In the event of an accident they could have been sued.

A landlord in Hanover recently recounted her efforts to turn an empty attic into student housing. Her planning application was first rejected by fire authorities who said that the branches of a tree were blocking an escape route. Their proposal to cut the tree back was then turned down by the city authority for green spaces, which argued that trees form “a vital part of the city scenery” and “must be protected at all costs.”

Flood of new rules

It is not as if politicians aren’t aware that over-regulation is having a stifling effect on society’s ability to function and adapt.

In its coalition agreement, Scholz’ ‘traffic light’ government committed itself to cutting bureaucracy 63 times. There is an entire section in the agreement on how they planned to cut down official paperwork.

READ ALSO: Germany unveils new plan to be more immigrant and digital friendly

But changing such a deep-seated German mentality is a different matter.

In a withering report published in November, the government’s own bureaucracy watchdog, the Normenkontrollrat, concluded that under the current government the costs of bureaucracy “have reached a level that we’ve never seen before.”

Far from cutting back paperwork, the traffic light coalition has loaded companies, administrators and citizens with a whole raft of new rules, the watchdog said. “Ever more regulations have to be observed and implemented in less and less time,” it concluded.

The frustration is being felt most acutely by local administrators, who say that they just don’t have enough staff to cope anymore.

An open letter sent to Scholz by town councils in Baden-Württemberg pleaded that “things can’t go on like this. Ever more laws and regulations, all too often containing mistakes …are simply resulting in an unmanageable flood of tasks.”

Meanwhile, Germany’s revered Mittelstand, or small and medium sized family businesses, has warned that over-regulation is the single biggest threat to their future viability. A survey among middle-sized companies last year showed that they were far more concerned about regulation than energy prices. Other surveys have shown that a majority of companies don’t understand the regulations they are expected to follow, while two thirds say they make no sense.

“Enormous bureaucratic burdens are combining with labour shortages, lengthy administrative procedures, permanently high energy prices and high taxes in a blow to the future of our business location,” warns Marie-Christine Ostermann, head of the association of family business.

READ ALSO: Why German family businesses are desperately seeking buyers

Stuck in the analogue era

For some though, the problem isn’t the regulation itself, it is the fact that there are not enough bureaucrats to deal with it all. After all, they argue, the rules are there to ensure that everyone’s concerns are accounted for.

“An unbureaucratic administration would be a nightmare,” protested economist Georg Cremer in a recent article for Die Zeit. “Sure, there can be too much of a good thing… (but) a prosperous social life is absolutely dependent on the government and administration being bound by law.”

Germany’s welfare system, Cremer points out, requires an army of bureaucrats who assess each claimant’s case based on things like the age of their children and their specific rental needs. “Undoubtedly, the welfare system is over-regulated”, he admits, but we also shouldn’t forget that any attempt to simplify it would make it less fair.

The Deutsche Institut für Wirtschaft, a left-wing economic think tank, has therefore argued that the answer to Germany’s woes is not to strip back regulation, but to employ more staff and push on with the digitisation of key services.

That sounds good in principle. But, when it comes to modernising Germany’s ossified public institutions, it is easier said than done.

A law passed in 2017 obliged local administrations to offer close to 600 of their services online by the end of 2022. A year past that deadline, just 81 of the services have been made available across the country.

The reason for the delays? Local governments are using software that is incompatible with the services developed by the federal government. Meanwhile bureaucrats often display a “grievous” lack of knowledge of how to use a computer, a recent analysis by consumer website Verivox found.

Bürgeramt

A man walks to the Bürgeramt, one of the many centres of German bureaucracy. Photo: picture alliance/dpa | Martin Schutt

A German Javier Milei?

In September of last year, Scholz appeared to have finally recognised that things have gone too far.

Doing a good impression of an anarcho-capitalist then running to be president of Argentina, the chancellor gave a rousing speech to the Bundestag in which he called on the country to unite against the scourge of excessive regulation.

“Only together can we shake off the blight of bureaucracy, risk aversion and despondency that has settled over our country for years and decades,” he said. “It is paralyzing our economy and causing frustration among our people who simply want Germany to function properly.”

Two months later, Scholz announced he had reached a “historic” agreement with the federal states to speed up planning processes and to make life “palpably” easier for German citizens.

The agreement, since praised by the Normenkontrollrat as “having a lot of potential,” will mainly muzzle environmental agencies, thus allowing LNG terminals, wind turbines and motorways to be built through sensitive natural environments.

The jury is still out on whether it will simplify your everyday life.

At the start of this year more new laws came into force, including the government’s now notorious gas heating ban.

One that passed with less attention was a decision to abolish child passports. Under the old system you could take your child to your local Bürgeramt and they would give you a Kinderpass on the spot for €13.

READ ALSO: How Germany can make life easier for foreign parents

Now, all children are required to have proper documents that are valid for six years. The hitch? The passport (which costs €40 and takes six weeks to arrive) is only valid as long as your child’s face remains recognisable.

“The new system makes absolutely no sense for children under six,” the lady at the Bürgeramt told me when I applied for my newborn baby’s first passport this week. “A baby’s face changes so much that you’ll have to get a new one after a year anyway.”

This article originally appeared in The German Review, a twice weekly newsletter full of analysis and opinion on German politics and society. You can sign up to read it here.

SHOW COMMENTS