Art. 13 Subject matter and principles
1 This Act regulates special powers of the Federal Council to combat the COVID-19 epidemic and to respond to the effects of the measures to combat the disease on society, the economy and the public sector.
2 The Federal Council shall use these powers only to the extent that they are required to respond to the COVID-19 epidemic. In particular, it shall not use these powers if the same objective can be achieved using regular or emergency legislative procedures.
2bis The Federal Council shall be guided by the principles of subsidiarity, efficacy and proportionality. It shall aim for the shortest and least severe restriction of economic and social life possible, by ensuring that the Confederation and the cantons exhaust all the options provided by precautionary measures, testing and vaccination strategies and contact tracing beforehand.4
3 It shall consult the cantonal governments and the umbrella organisations for the social partners when drawing up measures that relate to their responsibilities.5
4 It shall inform Parliament regularly, in good time and comprehensively about the implementation of this Act. It shall consult the relevant committees beforehand about planned ordinances and amendments to ordinances.
5 In emergency cases the Federal Council shall inform the presidents of the relevant committees. They shall inform their committees without delay.
6 When ordering measures, the Federal Council and the cantons shall be guided by any available data, comparable with regard to time and the regions concerned, that indicate that the healthcare system is in danger of becoming overburdened, the mortality rate is increasing or the disease is becoming more virulent.
3 Applies until 31 Dec. 2031 (Art. 21 para. 6).
4 Inserted by No I of the FA of 18 Dec. 2020 (Culture. Hardship Cases. Sport, Unemployment Insurance, Fixed Penalty Fines) (AS 2020 5821; BBl 2020 8819). Amended by No I of the FA of 19 March 2021 (Hardship Cases, Unemployment Insurance, Childcare, Creative Artists, Events), in force from 20 March 2021 to 31 Dec. 2021 extended to 31 Dec. 2031 (AS 2021 153, 878 No II para. 3; BBl 2021 285, 2515).
5 Amended by No I of the FA of 19 March 2021 (Hardship Cases, Unemployment Insurance, Childcare, Creative Artists, Events), in force from 20 March 2021 to 31 Dec. 2021 extended to 31 Dec. 2031 (AS 2021 153, 878 No II para. 3; BBl 2021 285, 2515).