Mr Uhlmann, a new already occasions from 150 participants in licence in Switzerland are required. Why are you interested in the as a law Professor?
With the step, the health of the population should be protected. At the same time, he has for the organisers and the visitors to the concerned occasions, of course, very drastic consequences. Here are classic questions of public interest and the proportionality of administrative legal point of view. To address these adequately, it is necessary to specify the prohibitions further.
Many of the organizers are pissed off, Some referred to the obligations to the public as "disproportionate". Assume that the ban will have a legal aftermath?
Yes, I believe so. It is probably only a matter of time until the courts will deal with forbidden with the Event. The difficulty is that it is likely to take a while before the first sentences are like this. If an organizer is planning in two weeks a big concert, he can prevent a rejection with a complaint, little more. It is, however, a whole series of concerts is responsible, he can hope that the court makes a judgment with Prejudice and he will get the green light for future events.
Felix Uhlmann is a Professor of constitutional and administrative law at the University of Zurich and has analysed for his lecture, "General administrative law" the impact of the event ban. Photo: Florian Bärtschiger
the organisers Can expect compensation if you win in a court of rich?
Such claims will be examined. Particularly optimistic, I would not be as the organizer, but: The epidemic act provides, under certain circumstances, compensation for individuals in quarantine, but not for the cancellation of events. A state liability lawsuit is likely to fail in most cases.
Of the Parliament – from the left as from the right – already, the Calls for compensation to the organiser by the Federal government, according to. Could be decided to such compensation retroactively?
Yes, the Parliament has a largely free Hand – both on a national as well as at the cantonal and municipal level. Is to comply with the procedures of the legislation, but acceleration opportunities exist. Even faster the governments can act.
we Make a step further: What is, from a legal point of view, at all events? Could, in theory, fall is also the Intercity from Zurich to Bern under the ban?
The policies of the Federal government not see that in the Moment before. From the point of view of the interest of the health of a train journey, or a school lesson but as an event like a concert. The Federal Council may at any time impose restrictions for the public transport. In particular, if the warning level is increased in accordance with the epidemic law again – and we move from the "special" in the "extraordinary situation".
"Political Correctness is out of place here."
in the cantons of some of the events with less than a thousand participants are allowed to continue, others were banned, makes for resentment. Is it possible to define legally waterproof, who must still get a permit?
Rigid rules, would be for the responsible convenient. But it would be wrong. Ultimately, each occasion must be assessed individually. In a first step, aspects of the health check. May be it is critical, if 500 students crowded in the auditorium seats, as if 999 people to circulate on a larger surface lots. Additional risk factors: Are in the audience many old people? Or those who have just come back from Italy? Political Correctness is out of place here.
we Take the Zurich Opera house: the average age of visitors is higher than elsewhere – and yet, the performances can be performed with a slightly reduced number of seats. Is it legally tenable?
The need to check the Canton exactly. What is clear is that Just because the number of seats was reduced to just below the Thousand-person mark, is still protected no one. The regulation of the Federal Council, the assessment leaves it to the cantons. I see quite some points that are critical: in addition to the advanced age of the audience, the long duration of the demonstration.
"Threatens to be a promoter of the Ruin, this is a strong conflicting interest."
Some organizers fear in case of cancellation of your event to your existence. Allowed to play in such Considerations when Granting a permit to a role?
From my point of view, Yes. Of course, the health police investigations come first. In a second step, it is necessary to look, but: What are the arguments lie as a counter-weight in the weighing pan? Threatens a promoter of the Ruin, this is a strong conflicting interest. To take into account the public interest, keyword, traffic, education, or culture.
In Italy, all schools and universities were closed. You will find it understandable that Switzerland renounced?
at The Moment already. There is a public interest in seeing that the school takes place. In addition, the health police, it would be little misleading when the kids stayed home and the grandparents would care for some of the most vulnerable groups. Depending on the risk situation developed, would be a closure of schools or public TRANSPORT but it is quite conceivable
What are the cancellation ails you personally the most?
I'm in Basel since the case is clear: the cancellation of The carnival, of course!
Created: 05.03.2020, 11:58 PMUpdated Date: 05 March 2020, 12:03