In combating the coronavirus pandemic in Germany, soft law has played an important, albeit not a central, role. Its use basically corresponds with that of “normal circumstances”. In accordance with the German constitutional order, almost all substantial decisions are made in a legally binding form. However, these are often prepared through or supplemented by soft law. This article shows that soft law has played an important role in fighting the pandemic and its effects in Germany, although there cannot be any doubt that legally binding forms of regulation have prevailed. At the same time, the current pandemic has shed light on the advantages and effects of soft law in the context of the German legal order.

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德国的冠状病毒和软法：一切照旧？

在德国与冠状病毒大流行作斗争时，软法发挥了重要作用，尽管不是核心。它的使用与“正常情况”基本对应。根据德国宪法秩序，几乎所有重大决定都以具有法律约束力的形式作出。然而，这些往往是通过软法准备或补充的。本文表明，软法在抗击疫情及其在德国的影响方面发挥了重要作用，尽管毫无疑问，具有法律约束力的监管形式已经盛行。与此同时，当前的疫情也揭示了软法在德国法律秩序背景下的优势和影响。