Austria Throws Out Its Constitution over COVID

Police officers check the COVID vaccination status of shoppers in Vienna, Austria, November 16, 2021. (Lisi Niesner/Reuters)

Using the awesome power of the state to turn a section of any society into second-class citizens should be roundly rejected.

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Using the awesome power of the state to turn a section of any society into second-class citizens should be roundly rejected.

‘N ecessity has no law.” This maxim was quoted on the arrest of Richard II in 1399. Nowadays, this ancient truism seems somehow increasingly pertinent in Austria — and elsewhere. On December 6, the Austrian government will put a draft emergency law up for a first reading in front of the National Council, Austria’s lower house, to enforce a coronavirus-vaccine mandate. The aim is to have the emergency law on the books by February 1, 2022.

Indeed, this process has already begun, with a classic bureaucratic “roundtable” that will bring all the right stakeholders together. The outcome, Soviet-style, has already been determined. As constitutional-affairs minister Karoline Edtstadler said, different opinions are not required, as it would “not suggest a constructive contribution.”

The unvaccinated and partially vaccinated are already barred from participating in normal life. The Austrian government announced a lockdown for the “unvaccinated” two weeks ago before imposing one for all last week. As reported by the Salzburger Nachrichenten, the lockdown for all currently in force was extended to December 11. However, health minister Wolfgang Mückstein, a member of the Greens, added that “the lockdown for the unvaccinated will be extended.”

Die Krone Zeitung, Austria’s largest newspaper, writes, “the outlook for the unvaccinated remains entirely bleak.” Being barred from Christmas is the least of it. In fact, any hope for potential loopholes is being dashed. Die Krone continues: “Those who slavishly hope that they will be able to ‘exempt’ themselves from compulsory vaccination after 1 February by paying a one-time penalty have been deceived.” They will be made to “pay several times” over, the paper added.

Having access to government documents, Die Presse, another national daily, reported that “all people living in Austria” will be mandated to be vaccinated. “Anyone who refuses to attend the vaccination appointment is to be summoned by the district administrative authority.” About these rules, Die Krone reports: “If you fail to show up again, you could face a fine of 3600 euros or four weeks’ imprisonment.” The penalty is doubled for a third violation or if it’s determined that “a serious danger to the life or health of a person has arisen from the administrative offense,” the paper adds.

In short, Die Krone adds, beginning in February 2022, “things will get serious.”

A vaccine mandate will mean inevitable job losses for those unwilling or unable to submit. Those who do lose their jobs won’t easily have access to unemployment aid. After all, they will be outlaws. In addition, they will be physically constrained, stopped from leading a normal life, and fined.

As people are barred from earning an honest living, many of the fines levied will go unpaid. Arrests, bankruptcies, and more incarcerations will follow. The Austrian state is set to create a new generation of martyrs.

Edtstadler admitted that “the introduction of general compulsory vaccination naturally encroaches on fundamental rights.” But “it is a necessary and justified step,” she added.

Similarly adamant, Mückstein acknowledged that this is a “far-reaching measure” but said it needs to be passed on “a broad basis and to involve as many different stakeholders as possible in the process.” The hope is, presumably, that the blame, when it comes — as it surely must — will be more difficult to pin on any one stakeholder’s chest.

The Austrian ruling caste knows that the vaccine mandate is unconstitutional. Alexander Van der Bellen, who as the president of the Austrian Republic is the last defender of the constitution, would in all certainty have blocked the move and threatened a constitutional crisis were it not for the fact that his party, the Greens, forms part of the government. Instead, he will ignore the unconstitutionality of the emergency laws, creating a very dangerous precedent in the process.

Ominously, these developments were set in motion well before the Omicron variant made the headlines. The latter will almost certainly be used to ratchet up by several notches the pressure on a large minority of hitherto law-abiding citizens to comply.

This latest policy is only the culmination of a fairly draconian approach on the part of Austria. The unvaccinated have already been subject to lockdowns and have been barred from restaurants, sports clubs, ski slopes, cinemas, and more. A large minority of the population, who are otherwise tax-paying and law-abiding citizens, have been steadily pushed to the margins of society.

And yet, for all that, the number of COVID-19 deaths per 100,000 is 136, or 0.136 percent, according to the latest figures from the World Health Organization website, with full-vaccination rates close to 67 percent, according to the European Centre for Disease Control. By comparison, Germany, with a slightly higher vaccination rate of 72.9 percent, has a ratio more or less identical to that of her small Alpine neighbor to the south, with 122 deaths per 100,000. Italy, with over 80 percent vaccinated, is recording 225 COVID deaths per 100,000, or 0.25 percent. France logged 180 per 100,000 with similar rates of vaccination. Italy and France have higher vaccination rates than Austria’s but more deaths per 100,000 recorded.

In all cases, the lethality of the virus has plummeted over the course of the year. For many, though not all, the virus has lost its scare factor. This partly explains the relatively slow uptake of the second vaccine in Austria.

Another reason is the country’s geographical and demographic disposition. A very substantial part of the population live in the countryside, far away from large towns and cities. People in Austria, in the main, do not live on top of one another. In other words, the drop between the first and the second jab has little to do with Austrians’ lacking confidence (up to now) in their government or with believing in conspiracy theories.

And yet, in a serious case of overreach, the government is proposing to turn on a large chunk of its own law-abiding people for, at best, very short-term and superficial gains. The alarming aspect of such emergency laws is the unintended consequences it will engender.

Indeed, the power to harm and to humiliate will quickly aggregate to those who least deserve to possess it. The law’s first victim will be civility.

To make matters worse, the Austrian Republic, by pitting family members against one another — some vaccinated and so “approved,” some unvaccinated and unapproved ­— will have the effect of interfering in citizens’ most private lives. As a predictable counterstroke, Austrian cities have witnessed some of the largest demonstrations since 1945. From Graz to Salzburg and from Innsbruck to Vienna, Austrians, regardless of background, are taking to the streets — a highly unusual state of affairs. Friends and fellow citizens are becoming increasingly aware of the cul-de-sac down which their political class is taking them. Beyond Austria’s borders, governments nevertheless are taking note.

Germany’s political and media class, often one and the same, are already gearing up to follow suit. With its passe sanitaire and authoritarian habit, France is not far behind.

Even in the United Kingdom, some quarters show none of the policy nuance this difficult situation requires. The preference, instead, seems to be the same old top-down mandates. The Labour Party spent the last twelve months dividing a complex population into two camps: the vaxxed and the anti-vax. Inevitably, Labour has backed draconian legislation to stamp out “dangerous anti-vax content.” Speaking on the BBC recently, Rachel Reeves, shadow chancellor of the Exchequer, called on the government to tighten restrictions, including mask mandates and the introduction of vaccine passports.

There is a First World War feeling settling in. Governments promised it would be “over by Christmas” — last year. How many times will we be asked to go over the top to combat the virus’s multiplicity of strains? In addition, the lockdowns that were imposed in various countries were supposed to be temporary. Yet for many, they lasted for months, only to be reintroduced seemingly on a whim.

As Euronews reports, Portugal reintroduced tighter restrictions this week, with face masks becoming mandatory again and digital certificates proving vaccination status required to access restaurants, cinemas, and hotels. Denmark has made access to certain venues dependent on vaccination passes. Belgium has reintroduced a full lockdown, shutting down bars and restaurants and banning “private meetings.” The Czech Republic and Slovakia have declared 30- and 90-day states of emergency, respectively. Germany is introducing lockdowns for the hospitality sector. Italy decided to exclude the unvaccinated from certain leisure activities, and beginning December 6, proof of vaccination or of having recovered from COVID-19 will be required for entry to restaurants, cinemas, or sports venues.

Of note is that these changes were introduced by decree.

The vaccine, we were told, would bring normality back. It then transpired that one shot wasn’t enough. Two would do the trick, however. Before long, a booster was needed. At this rate, we will be on our tenth jab by the next Olympic Games in 2024.

Still, the great success story amid tragedy is the efficacy of the vaccines. COVID-linked mortality has practically vanished. The rollout across most Western countries, including Austria, has been, after some initial adjustment, relatively efficient. The system buckled but didn’t snap, and bounced back to save millions.

The danger in the longer term, however, is one of credibility. Imagine how governments will look if lockdowns recur, if yet more new strands emerge, if ever more jabs are required, or if, God forbid, vaccination side effects materialize.

Today, using the awesome power of the state to turn a section of any society into second-class citizens should be roundly rejected. Unfortunately, it does not seem that Austria is going to heed this advice.

Editor’s note: This article originally misstated the COVID death rate per 100,000 of some European nations. 

Alex Story — Alex Story is a senior manager at a London brokerage. He represented Great Britain in rowing at the Olympic Games. In 2016 he won the right to represent the people of Yorkshire and the Humber in the European Parliament but didn’t take the seat.
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