The two intended adjustments to emergency powers and the right of urgency would be sufficient – the government council announced on Thursday that there was no need for an additional emergency law.
Investigations carried out after a postulate from the cantonal council had shown that “the ability of all three state powers to act at all levels during the corona pandemic was fundamentally ensured,” according to the minutes of the government council meeting.
Action required after judgment
However, the administrative court overturned a Corona regulation. The government council had wanted to pay out compensation to day-care centers and day-care organizations.
The canton’s constitution requires a serious disruption or immediate threat to public safety, the court held. The government council cannot issue a regulation solely to protect against a social or economic emergency.
For reasons of legal certainty, the cantonal constitution should therefore expressly state that emergency ordinances and emergency measures are also possible in the event of economic and social emergencies. In addition, it should be explicitly anchored that it is also possible to deviate from cantonal laws.
Facilitate quick loans
In order to improve the canton’s ability to act in special situations, the constitution should also create the possibility for the cantonal council not only to enact laws as before, but also to enact compulsory credits with a two-thirds majority and a referendum against it to be postponed.
The government council will submit the two amendments to the cantonal council for further debate. Among other things, it examines the emergency measures as part of a parliamentary initiative.