The Triage-Gesetz, a Selektionsgesetz for Germany. Some brief reflections on who governs the choices and the limits of law

La Triage-Gesetz, una Selektionsgesetz per la Germania. Alcune brevi riflessioni su chi governa le scelte e sui limiti del diritto

Abstract

In Germany, the Bundestag passed the Triage-Gesetz, thus meeting the demands of the Bundesverfassungsgericht on the distribution of scarce health care resources in times of pandemic and the risks of discrimination against persons with disabilities. However, it has not been able to find solutions that could be considered conform with constitutional values. All this leads to reflections on the role of the state and its relationship to the market, as well as on the limits of law and on (un)avoidable choices.