The verdict from Bern is clear: the new Ticino measures against the virus are illegal. Affected companies would therefore not receive compensation for short-time work.
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By deciding to close all construction sites in the canton, the Ticino government is violating the requirements of the Federal Council.
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In principle, the case is clear: leadership in the corona crisis lies with the Federal Council. In consultation with the cantons, he announced the extraordinary situation last week, which gives him far-reaching competence. But now, once again, a canton is getting in the way: from the perspective of the Ticino government, the federal measures against the virus are too timid. It implemented additional tightening measures on Sunday, which will initially apply until the end of the week. All private companies must shut down operations, except for essential areas such as food or pharmaceuticals. All construction sites have to close and new requirements apply to the hotels.
All of these resolutions go beyond the requirements of the Federal Council. The verdict from Bern is therefore clear: the Ticino regime is illegal. The director of the Federal Office of Justice (FOJ), Martin Dumermuth, told the media on Monday. This was communicated to the Ticino government “very clearly”. There is no comment from the Federal Council itself, as it has not yet discussed the case. Upon request, spokesman André Simonazzi referred the FOJ director, who had clearly stated the legal situation.
“Crisis windows” are a possible compromise
What now? The situation is delicate. The fight against the virus cannot endure a conflict between the Confederation and the cantons. This may explain the reluctance of the Federal Council. In southern Switzerland, where the number of sick people and deaths is the highest, it would be badly received if Bern would put Bellinzona under massive pressure. Other cantons also believe that the Federal Council must go further.
Nobody is interested in escalation. A tripartite delegation from the Federal Council met with the heads of the cantonal governments on Monday. Subsequently, a possible compromise was outlined: FOJ director Dumermuth confirmed that one was thinking about the introduction of “crisis windows”. The Federal Council could thus allow cantons particularly affected to impose additional measures for a certain period of time. It remains to be seen how this can be regulated without creating a federal patchwork and the Federal Council surrendering uniform leadership.
The legal situation in Ticino remains unclear for the time being. This could have serious consequences for the regional economy. If a company stops operating due to an unlawful cantonal requirement, it is not entitled to short-time work compensation. The employees would suffer. According to the FOJ director, it is unclear whether the canton is liable for the damage in such cases. It seems certain that the companies have good chances of success if they contest the canton’s rulings.
The Ticino government sticks to its decisions
In Ticino you don’t want to give in. “We are confident that we can make the Federal Council’s decisions understandable,” said Christian Vitta, President of Ticino, on Monday. The measures are still in force and they would take into account the special situation in the canton. He is probably alluding to the possibility of a “crisis window”. According to Vitta, Ticino is one to two weeks ahead of the spread of the virus in the rest of Switzerland. It was therefore no longer possible to wait for the tightening to prevent an excessive increase in the number of cases.
At least the Ticino construction companies will hardly defend themselves by taking legal action. “We will not make a recurrence because, among other things, we have asked the cantonal government to stop construction sites,” says Nicola Bagnovini, director of the Ticino section of the master builder association. Applications for short-time work and replacement payments were premature given the legal ambiguity. According to Bagnovini, stopping construction is a painful cut. But it is the only way not to add to the precarious situation on the building.
Too little construction workers and material
Operation on several Ticino construction sites came to a standstill days ago. Lately, many cross-border commuters have been absent from construction and craft businesses because they were in quarantine or stuck at the border for hours. In addition, there are hardly any building materials left due to the nationwide restrictions on sales. Bagnovini also calls on the Confederation to give the cantons more leeway – above all in Ticino, because Europe’s largest corona virus crisis area is right on the doorstep.
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