Facts
The appellant, a resident of the Canton of Schwyz, challenged the cantonal ordinance of 14 October 2020 on measures to combat the Covid-19 epidemic. The Federal Court examined whether the Cantonal Council of Schwyz was competent to enact this ordinance. The Federal Court concluded that the Cantonal Council was entitled to enact the ordinance as an implementing ordinance to the Federal Epidemics Act. Although the measures originally provided for in the ordinance, such as the prohibition of events with more than 10 or 30 persons, constitute serious infringements of fundamental rights, for which a formal-statutory basis would generally be required, Art. 40 of the Epidemics Act, on which the ordinance is based, provides a sufficiently specific legal basis that transfers the competence to the cantons to enact implementing ordinances. Given the unpredictability and dynamics of the fight against the pandemic, a certain margin of discretion for the enforcement authorities is constitutionally permissible. Since the appellant did not raise any substantiated objections to the proportionality of the measures, a detailed examination was unnecessary.Considerations
The Federal Court concluded that the Cantonal Council of Schwyz was competent to enact the challenged ordinance to combat the Covid-19 epidemic. The ordinance is based on Art. 40 of the Epidemics Act, which transfers the competence to the cantons to enact measures to prevent the spread of communicable diseases. Although the measures contained in the ordinance, such as the event ban, constitute…