Legislative response to Coronavirus (Switzerland)

Uhlmann, Felix; Scheifele, Eva

doi:10.1080/20508840.2020.1783076

Cited by 9 publications

(8 citation statements)

References 1 publication

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“…117 Still, in light of the indeterminacy of existing legal provisions, and given that parliamentary law is currently tailored to physical meetings, 118 the Councils would be well-advised to adopt an emergency statute or an emergency ordinance on phone and video meetings. 119 Virtual meetings would resolve the issue of a discriminatory exclusion of specifi c MPs due to their age or a pre-existing medical condition. 120 Moreover, the exclusion of any MP is problematic from the perspective of political representation.…”

Section: B Th E Meetings Of the Councilsmentioning

confidence: 99%

Switzerland: The (Missing) Role of Parliament in Times of Crisis

Ammann¹,

Uhlmann²

2022

Pandemocracy in Europe

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Th e authors thank Martin Wilhelm, MLaw, for his help with the editing of this chapter, and Konrad Lachmayer for his thoughtful suggestions and comments.1 F Brunner , M Wilhelm , and F Uhlmann , ' Das Coronavirus und die Grenzen des Notrechts: Ü berlegungen zu einer ausserordentlichen ausserordentlichen Lage ' ( 2020 ) 29 Aktuelle Juristische Praxis 685 , 691-92.2 Bundesgesetz ü ber die Bek ä mpfung ü bertragbarer Krankheiten des Menschen vom 28. September 2012 (SR 818.101). 3 M Andina , ' What Remains of Swiss Democracy Aft er Covid-19 Measures ? ' swissinfo.ch ( Bern , 22 May 2020 ) www.swissinfo.ch/eng/democracy-lab_what-remains-of-swiss-democracy-aft er-covid-19-/ 45773496 .4 C Lenz and P Loser , ' Die Demokratie macht Pause ' Tages-Anzeiger ( Zurich , 16 March 2020 ) 5; Y Pauchard and B Wuthrich , ' La d é mocratie Suisse se met en mode pause ' Le Temps ( Geneva , 18 March 2020 ) www.letemps.ch/suisse/democratie-suisse-se-met-mode-pause ; D Ryser and O W ü rgler , ' Wir haben ihn so geliebt, den Rechtsstaat ' Republik ( Zurich , 17 April 2020 ) www.republik.ch/2020/04/17/ wir-haben-ihn-so-geliebt-den-rechtsstaat . 5 Verordnung ü ber den Fristenstillstand bei eidgen ö ssischen Volksbegehren vom 20. M ä rz 2020 (SR 161.16). See G Biaggini , ' Der coronavirusbedingte Fristenstillstand bei eidgen ö ssischen Volksbegehreneine Fallstudie zur Tragf ä higkeit von Art. 185 Abs. 3 BV ' ( 2020 ) 121 Schweizerisches Zentralblatt f ü r 9 Switzerland: Th e (Missing) Role of Parliament in Times of Crisis ODILE AMMANN AND FELIX UHLMANN * I. Th e COVID-19 Pandemic, a Shutdown of Swiss Democracy ?Swiss legal scholars have described the COVID-19 pandemic as giving rise to an ' extraordinary extraordinary situation ' in Switzerland from a regulatory perspective, 1 an expression that alludes to the Swiss Federal Epidemics Act ' s 2 distinction between ' normal ' , ' special ' , and ' extraordinary ' epidemiological situations, and to the fact that the pandemic was so unprecedented that it was more than just ' extraordinary' . COVID-19 does not only have severe health, economic, and social implications: it also has an impact on democratic institutions, including in Switzerland. 3 In spring 2020, the press noted that Swiss democracy had ' paused ' ; 4 some legal scholars even talked about a ' shutdown of direct democracy ' aft er the adoption, on 20 March 2020, of the Ordinance on the Standstill of Deadlines for Federal Popular Votes. 5154 PIC-NC Report (n 31) 1588. 155 Glaser and Gfeller (n 32) para 45.Delegation to be taken within a short time ' . 154 Th ere is no reason why this assessment should not apply to larger committees and potentially even to Parliament as a whole. As Glaser and Gfeller rightly note, Parliament ' s status of ' supreme authority of the Confederation ' (Art 148(1) Cst.) is not a mere privilege: it also means that Parliament must step in, including and perhaps all the more so in times of crisis. 155

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Section: B Th E Meetings Of the Councilsmentioning

confidence: 99%

Switzerland: The (Missing) Role of Parliament in Times of Crisis

Ammann¹,

Uhlmann²

2022

Pandemocracy in Europe

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“…These acts have immediate force and override corresponding executive measures. Unlike the latter, they can also deviate from constitutional provisions and can resolve contradictions between existing federal laws and executive decrees (Caroni and Schmid 2020;Uhlmann and Scheifele 2020). On 25 September 2020 the controversial 'COVID-19 Gesetz' was passed to create the legal foundation for the continuation of emergency measures that otherwise would have expired.…”

Section: Findings: Patterns Of Parliamentary Policy-making Power During the Covid-19 Pandemicmentioning

confidence: 99%

Parliaments in times of crisis: COVID-19, populism and executive dominance

Bolleyer

2021

West European Politics

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This article assesses the extent to which European governments' legal strategies (i.e. the choices of and changes in the legal foundation(s) authorising executive action) to address the COVID-19 pandemic enhanced executive autonomy to the detriment of parliamentary policy-making power, defined as the formal ability of parliaments to constrain executive rule making. Approaching the reduction in parliamentary policy-making power as one indication of 'executive aggrandisement', it contrasts the prominent claim in the literature that populist governments tend to use emergencies to weaken formal checks on executive power with a hypothesis derived from research on crisis policy making, associating such tendencies with unified executives lacking internal checks and balances. Assessing six European governments' legal strategies between January 2020 until the present (spring 2021), the formal weakening of parliaments' role in law making was -overall -more pronounced among 'unified executives' than governments including major populist parties, pointing to a source of 'democratic vulnerability' in emergency situations transcending Central Eastern Europe.

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“…Aristotle, on the other hand, argues that "all regimes which take care of the common good are justified by the principle of absolute justice. [3]…”

Section: A Axiology Of Legal Principlethe Balancing Of Public Interest and Private Interestmentioning

confidence: 99%

“…If a volunteer, or a few volunteers, or a grassroots organization can restrict civil rights at will because of the epidemic, the epidemic or a state of emergency could become an umbrella of lawlessness, and thus this period could become lawlessness, which is not tolerated by a society under the rule of law. [3] In retrospect to the case introduced above: Xiaogan law enforcement officers dressed in military uniforms directly into citizens' homes for inspection. The question of whether the law enforcement officer was a soldier was not examined in the case.…”

Section: A Debate On the Legality Of The Subject Of Law Enforcementmentioning

confidence: 99%

The Realistic Dilemma of Citizen Rights Derogation and the Theoretical Response of Administrative Law From the Perspective of Public Health Emergency

Fang¹

2021

Proceedings of the 6th International Conference on Economics, Management, Law and Education (EMLE 2020)

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This paper features high-profile cases during the pandemic to analyze the legitimacy of the strict enforcement of administrative law and how the law itself serves as the legal basis for such actions, drawing references from the value of laws and the cultural heritage. Besides, the author points out various malpractices in the process of law enforcement in the hope of helping it strike the right balance between public interests and individual rights so that social stability and individual liberty can both be taken care of. The conclusion of this article is that China's law-based anti-epidemic has set a model for all countries in the world. In the process of public health administrative emergency law enforcement, it is necessary to adhere to strict law-based administration on the basis of grasping the scope of rights derogation and protecting the basic rights of citizens, really achieving strict, fair and civilized law enforcement, and then realizing the integrated construction of a country under the rule of law, a government under the rule of law, and a society under the rule of law. This article uses the following research methods, such as investigation and research method, literature analysis method, comparative research method, and empirical research method.

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Legislative response to Coronavirus (Switzerland)

Cited by 9 publications

References 1 publication

Switzerland: The (Missing) Role of Parliament in Times of Crisis

Switzerland: The (Missing) Role of Parliament in Times of Crisis

Parliaments in times of crisis: COVID-19, populism and executive dominance

The Realistic Dilemma of Citizen Rights Derogation and the Theoretical Response of Administrative Law From the Perspective of Public Health Emergency

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