德國新冠疫情下之不利性強制措施──以傳染病防治法為中心【醫事綜探】 試閱
Interfering Administrative Actions Against COVID-19 in Germany: Center on Communicable Disease Control Act
即使傳染病防治法已充分授權主管機關得採取強制性措施對抗特定傳染病,由於新冠疫情在德國傳染病史上的特殊性,使得主關機關必須有更大裁量空間因應。事實上,過去一段時期各邦政府健康部門所採取限制措施之強度及涉及對象皆為前所未有,其在行政法體系下之定位及適法性,是為本文關懷之重點。
Although responsible agencies are authorized by taking interfering actions against communicable disease, the Corona pandemic has led to more necessities for giving the agencies more room, so that they can react quickly und appropriately. In fact, the scope and length of interfering actions taken by the agencies during pandemic are hardly imaginable before the crisis. The article aims to find legitimate foundations of such actions under administrative law perspectives.
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