IL FAUT ABROGER LA LOI COVID !
THE COVID LAW MUST BE ABROGATED!
WHY?
Since February 17, 2022 almost all sanitary measures have been abandoned
Since April 1st the situation has returned to normal. Life should resume its usual course ...
However, the abandonment of these measures does not mean their cancellation but only their suspension!
Since 28th February 2020, Switzerland has been in a state of emergency. This state of emergency was implemented by the general police clause (art 165 Abs. 1 BV) and ratified 6 months later by the Covid law (urgent law therefore immediately applicable). This state of emergency is conditioned by the « Special Situation" in case of a serious threat to public health (art 6 EpG). This confers upon the executive bodies of the Confederation and the cantons special powers, such as the implementation of all the health measures listed in the LEp and in the Covid law.
This « Special Situation" is the basis for the entire health policy that we have experienced until 17 February 2022 or 31 March, respectively, and thus for the application of the LEp and Covid laws.
Yet, there is no longer any particular threat to public health either in fact or in law. The perpetuation of the state of emergency of the "Special Situation" is therefore completely contrary to the Constitution.
The conditions of Art. 6 Abs. 1 Bst. a Ziff. 1-3 EpG to justify it are no longer fulfilled since a long time.
In fact, all indicators are within the norm, i.e. there is no specific risk to public health: the overall case fatality rate of 0.15% of SARS-Cov-2 has never represented a greater risk than a seasonal influenza of medium severity. The lack of danger of the disease for children and adolescents is even more evident with a case-fatality rate of 0.0027%, i.e., tending towards 0.
This is further demonstrated by the fact that hospital capacities have never reached their limits throughout the country (despite reduction of beds during the "Covid period" to the present day).
Nor is there a high risk of infection and spread that the authorities would be unable to deal with or that could have a serious impact on the national economy.
If "the Special Situation" clearly cannot be based on Art. 6 Abs. 1 Bst. a EpG, then what about the fulfilment of the conditions of Art. 6 Abs. 1 Bst. b EpG?
It assumes that, because of the international public health emergency (in this case the "pandemic") which the WHO has declared, the Confederation would automatically be compelled to declare and maintain the legal status of the « Special Situation". However, there is no legal basis for such automaticity.
This is clear from the Message of the Federal Council on the revision of the EpG in 2011, and in the explanations relating to the popular vote of 22 September 2013, in which it states that "Switzerland's sovereignty will not be limited" and that a public health emergency of international concern declared by the WHO does not imply an automatic obligation for Switzerland - or the Federal Council - to declare or maintain special measures without examining the actual circumstances on Swiss territory.
Swiss federal authorities should not consider themselves "as a mere implementing body of the WHO": the Swiss people have not expressly authorized the WHO to intervene in a near-automatic way in the constitutional order and sovereignty of Switzerland (Art. 140 Abs. 1 Bst. a BV).
In addition, at the international level, the notion of sovereignty of WHO member states is explicitly preserved (Art. 3 Abs. 4 IGV) when transposing the said IHR into national law. Again, there is no mention of a mechanism of direct transposition of WHO measures into national law either in the IHR or in the WHO Convention.
At no time during the crisis did the WHO issue unilateral binding rules, so there is no obligation for Switzerland or other WHO member states to maintain a special legal status of "Special Situation" just because the WHO has not yet declared the crisis over.
It should be remembered that the WHO cannot substitute itself for the FC, as this would be contrary to the IHR and the Cst of the WHO at the international level and a violation of the constitutional order and sovereignty of Switzerland at the level of Swiss law.
Bundes verfassung : https://www.fedlex.admin.ch/eli/cc/1999/404/de
Covid Gesetz : https://www.fedlex.admin.ch/eli/cc/2020/711/de
Epidemiengesetz : https://www.fedlex.admin.ch/eli/cc/2015/297/de
IOANNIDIS, «Reconciling estimates of global spread and infection fatality rates of COVID-19: An overview of systematic evaluations», 26.03.2021, https://pubmed.ncbi.nlm.nih.gov/33768536/.
AXFORS/IOANNIDIS, «Infection fatality rate of COVID-19 in community-dwelling populations with emphasis on the elderly: An overview», Preprintt du 13.07.2021, https://www.medrxiv.org/content/10.1101/2021.07.08.21260210v1.full.pdf
Dazu bereits eingehend Juristen Komitee, «Deklaration von Schweizer Juristen: 2G-Zertifikatspflicht ist verfassungswidrig», 24.12.2021, https://juristen-komitee.ch/declaration-2g/, N 15 (nachfolgend: «2G-Deklaration»).
Botschaft zur Revision des Bundesgesetzes über die Bekämpfung übertragbarer Krankheiten des Menschen (Epidemiengesetz, EpG), BBl 2011 311 ff., https://www.fedlex.admin.ch/eli/fga/2011/43/de, S. 364 (Hervorhebung hinzugefügt).
Volksabstimmung vom 22. September 2013, Erläuterungen des Bundesrates, https://www.bk.admin.ch/dam/bk/de/dokumente/Abstimmungsbuechlein/erlaeuterungen_desbundesrates-barrierefrei.pdf, p. 23: «Die Souveränität der Schweiz wird nicht eingeschränkt»
RÜEFLI / ZENGER, loc. (cit. 25), S. 107.
Internationale Gesundheitsvorschriften, angenommen an der 58. Weltgesundheitsversammlung am 23. Mai 2005, für die Schweiz in Kraft getreten am 15. Juni 2007 (IGV, SR 0.818.103; Stand: 11. Juli 2016), https://www.fedlex.admin.ch/eli/cc/2007/343/de.
WHAT BRINGS US TO THE ABROGATION OF THE COVID LAW?
What brings us to the abrogation of the Covid law?
There is no actual or even potential threat to public health in Switzerland and the fact that the WHO maintains a "public health emergency of international concern" does not constitute a legal basis for keeping the country in a "Special Situation" (Art. 6al1 Bst. b EpG)
In September 2020, the Parliament adopted the Covid law, which ratifies a state of emergency and confers to the FC extremely extended competences for a minimum of 10 years (and then 14 partial revisions of this urgent law!) on the basis of "extraordinary circumstances" (i.e. the threat to public health, which led to the status of « Special Situation" (6 Abs. 1 Bst. b EpG)) and to legitimize 19 months of state of emergency!
However, it is clear that we are no longer in a special situation and have not been since January 2021! There is therefore no longer any justification for maintaining the Covid Law. This law perpetuates a state of emergency that no longer exists and confers on the FC for 10 years extended powers, which are normally devolved to Parliament, thus representing a violation of the constitutional order.
Botschaft zur Revision des Bundesgesetzes über die Bekämpfung übertragbarer Krankheiten des Menschen (Epidemiengesetz, EpG), BBl 2011 311 ff., https://www.fedlex.admin.ch/eli/fga/2011/43/de, S. 364 (Hervorhebung hinzugefügt).
Volksabstimmung vom 22. September 2013, Erläuterungen des Bundesrates, https://www.bk.admin.ch/dam/bk/de/dokumente/Abstimmungsbuechlein/erlaeuterungen_desbundesrates-barrierefrei.pdf, p. 23: «Die Souveränität der Schweiz wird nicht eingeschränkt»
RÜEFLI / ZENGER, loc. (cit. 25), S. 107.
Internationale Gesundheitsvorschriften, angenommen an der 58. Weltgesundheitsversammlung am 23. Mai 2005, für die Schweiz in Kraft getreten am 15. Juni 2007 (IGV, SR 0.818.103; Stand: 11. Juli 2016), https://www.fedlex.admin.ch/eli/cc/2007/343/de.
This is nothing less than an abandonment of the primacy of the legislative power in favor of the primacy of the executive power. This is equivalent to a total revision of the Constitution in the greatest silence, even though this is only authorized by the approval of a double majority of the people and the cantons.
Parliament must therefore abrogate the Covid law at the earliest opportunity, i.e. during the next parliamentary session, as it has in fact become null and void, as there is no real threat to public health that would justify an increased competence of the Federal Council in disregard of the primacy of the legislative power.
All the conditions have been in place for a long time and it is high time to remove, not just suspend, all the excessive and unconstitutional health measures and powers of the FC by abrogating the Covid Act.
PETITION ADDRESSED TO THE FEDERAL PARLIAMENT FOR THE IMMEDIATE REPEAL OF THE COVID LAW
Petition drawn up by the MFR (Mouvement Fédératif Romand) and supported by the MSLC (Swiss Movement for Citizen Freedom), Réinfo Santé, CREE (Collectif Romand Educateurs Enseignants) and Law and Freedom.
Since February 17, 2022 almost all health measures have been abandoned. As of April 1, the situation returned to normal.
THERE IS NO LONGER AN EMERGENCY…
Life must therefore resume its natural and usual course.
THE TIME IS NOW TO REPEAL THE COVID LAW!
GIVE PARLIAMENT BACK TO ITS TRUE FUNCTION!
Who is first and foremost to listen to and represent all the citizens of this country, and NOT to kneel before the decisions taken unilaterally (see arbitrarily) by the executive.
THE SECURITY OF THE CONSTITUTIONAL ORDER AND THE SAFEGUARDING OF SOVEREIGNTY PEOPLE !
If the "life before the Covid episode" seems to have returned, if spring has made us forget the restrictive health measures and violating the fundamental rights of which we have been the object,
NOTHING, absolutely NOTHING has changed...
The measures have not been canceled but only suspended!
At the slightest autumn cold, at the slightest positive test, they will be reactivated or even reinforced with the procession of psychological and financial suffering, the division of the population, the serious attack on fundamental rights that we have known and which leave indelible traces on the whole population and
even more strongly, on the most vulnerable people.
There has been NO EMERGENCY SITUATION SINCE AT LEAST JANUARY 2021 AND, TODAY, NO JUSTIFICATION IS ANY MORE admissible to oppose the definitive repeal of this law which gives all power to the Federal Council to the detriment of Parliament, thus removing its powers to manage a situation which is no longer unprecedented.
This delirium that we have been living for more than 2 years must stop now!
Parliament must resume its powers in accordance with the Constitution and put an end to the stranglehold of the Federal Council.
By adopting, on September 20, 2020, the Covid law, it ratified the state of emergency (triggered by the "special situation" article 6 LEp) in our country and conferred on the Federal Council extremely extensive powers for 10 years. !
It is neither more nor less than an abandonment of the primacy of the legislative power (Parliament and People) to the benefit of the executive power (Federal Council).
THIS IS EQUIVALENT TO A TOTAL REVISION OF THE CONSTITUTION IN THE GREATEST SILENCE! WITHOUT THE AGREEMENT OF THE PEOPLE!
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Citizens see themselves dispossessed of their Sovereignty and this is unacceptable!
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Constitutional order must be restored and the excessive and unconstitutional powers of the CF invalidated.
This is why we ask our elected members of Parliament, responsible for representing us with dignity and ensuring the protection of our rights, to resume their powers during the next parliamentary session and to put on the agenda:
1. THE IMMEDIATE REPEAL OF THE COVID 19 LAW.
2. THE ESTABLISHMENT OF AN INDEPENDENT INQUIRY COMMISSION ON THE MANAGEMENT OF THE COVID CRISIS
BECAUSE THE PEOPLE ARE SOVEREIGN
THE ABROGATION OF THE COVID LAW IN 10 POINTS (AND MANY MORE)
1. There is no more serious threat to public health.
2. There is no more "Special situation" as defined in Art. 6 of the EpidA.
3. All indicators are within the norm (lethality, absence of danger to children, capacity of intensive care
units under control despite suppression of beds during the Covid crisis, no high risk of infection, etc.)
4. The state of emergency enshrined in the Covid law no longer exists at least since January 2021.
5. WHO-declared public health emergency does not automatically lead to continued special situation
status.
6. Covid law gives the FC increased powers for 10 years, while the existence of a state of emergency is
missing.
7. Covid law violates the principle of supremacy of the legislative power over the executive power.
8. Yet the FC continues to apply the instructions of the WHO in violation of Swiss sovereignty, even
though international law (IHR and WHO Convention) explicitly protects Switzerland from this.
9. This constitutes a tacit modification of the constitutional order by abandoning the primacy of the
legislative power (Parliament and People) in favour of the executive power (Federal Council)
10. This major change to the Constitution was not subject to a double majority vote by the people
LINKS :
- BV fed : www.fedlex.admin.ch/eli/cc/1999/404/fr
- Covid-Gesetz : www.fedlex.admin.ch/eli/cc/2020/711/fr
- EpG : www.fedlex.admin.ch/eli/cc/2015/297/fr
- « Besondere Lage » ? Analzse und Konsequenzen :
https://juristen-komitee.ch/wp-content/uploads /2022/03/2022_03_10_JK-CB_Besondere-
Lage_Analyse-und-Konsequenzen.pdf
- Open letter « Pandemic Treaty » : www.reinfosante.ch/stopthetreaty
THERE IS NO LONGER AN EMERGENCY SITUATION
All conditions have been positive for a long time, it is time to abolish these measures restricting the freedom of citizens, not just suspend them!
Constitutional order must be restored and the excessive and unconstitutional powers of the FC invalidated.
