ABSTRACT
This chapter examines the institutional and legal framework of Switzerland's pandemic management, demonstrating that the cantons were the first to react to the pandemic but were disempowered when the national emergency regime unfolded and transformed the cantons into mere implementation agencies. Two parallel emergency regimes set the framework for the country's response and provided the federal executive with unprecedented powers: the Federal Epidemics Act empowered the Federal Council to enact health-related measures and constitutional emergency powers authorised it to adopt economic support measures. While the federal system was placed in emergency mode with ease, it proved unprepared to deal with a protracted emergency. When the Federal Council and the cantons started to share the responsibility of dealing with the emergency – and both remained inactive for too long – numerous legislative and institutional shortcomings became obvious. Most importantly, the federal intergovernmental relations were insufficiently equipped to operate in an emergency mode.
