Legislative response to Coronavirus (Switzerland)

IF 1.5 Q1 LAW

Theory and Practice of Legislation Pub Date : 2020-05-03 DOI:10.1080/20508840.2020.1783076

Felix Uhlmann, Eva Scheifele

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引用次数: 7

Abstract

ABSTRACT The Coronavirus is a stress test not only for society but also for the legal order. It is usually the government first to respond. Still, Parliaments play an important role in the time of crisis as well. This is especially the case the longer the pandemic lasts. The Swiss Federal Parliament has seized its operations early in the pandemic. It has reconvened in May for an extraordinary session. The main topic of this session was the approval of the government’s emergency measures. It was expected that the Parliament will also debate initiatives for emergency law from its members and that it will decide on its modus operandi. Also, the decision for an abortion of the session at the wake of the crisis was discussed. Proposals are to be expected to allow sessions by video conference. The paper will deal with the aforementioned questions from a legal perspective. It will analyse the nature of and the relationship between emergency law by the executive and the legislative branch. It focuses on the function of Parliament and its modus operandi in the moment of crisis. It will refer mostly to the Swiss Federal Parliament but will also, especially in comparison, take a look at cantonal law and practice. Some preliminary conclusions are offered at the end of the paper.

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对冠状病毒的立法回应(瑞士)

冠状病毒不仅是对社会的压力测试，也是对法律秩序的压力测试。通常是政府首先做出回应。尽管如此，议会在危机时期也发挥着重要作用。大流行持续的时间越长，情况尤其如此。瑞士联邦议会在大流行早期就开始了工作。它已于5月再次召开特别会议。这次会议的主要议题是批准政府的紧急措施。预计议会还将对其成员提出的紧急状态法倡议进行辩论，并将决定其运作方式。此外，还讨论了在危机发生后终止本届会议的决定。预计提案将允许通过视频会议进行会议。本文将从法律的角度对上述问题进行探讨。它将分析行政部门和立法部门制定的紧急状态法的性质和两者之间的关系。它侧重于议会的职能及其在危机时刻的运作方式。它将主要参考瑞士联邦议会，但也会，特别是在比较之下，看看各州的法律和实践。本文最后给出了一些初步结论。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

Theory and Practice of Legislation LAW-

CiteScore

4.50

自引率

10.00%

发文量

期刊介绍： The Theory and Practice of Legislation aims to offer an international and interdisciplinary forum for the examination of legislation. The focus of the journal, which succeeds the former title Legisprudence, remains with legislation in its broadest sense. Legislation is seen as both process and product, reflection of theoretical assumptions and a skill. The journal addresses formal legislation, and its alternatives (such as covenants, regulation by non-state actors etc.). The editors welcome articles on systematic (as opposed to historical) issues, including drafting techniques, the introduction of open standards, evidence-based drafting, pre- and post-legislative scrutiny for effectiveness and efficiency, the utility and necessity of codification, IT in legislation, the legitimacy of legislation in view of fundamental principles and rights, law and language, and the link between legislator and judge. Comparative and interdisciplinary approaches are encouraged. But dogmatic descriptions of positive law are outside the scope of the journal. The journal offers a combination of themed issues and general issues. All articles are submitted to double blind review.