Waldmeier, DavidDavidWaldmeier2023-04-132023-04-132018https://www.alexandria.unisg.ch/handle/20.500.14171/101651The dogma of unlimited solvency of public authorities is reflected in the rules governing autonomous public bodies. A coherent framework of positive law to mitigate public insolvency is largely absent. However, progression of an insolvency is governed by the rule of law. In fact, a principle-based approach sheds light on typical patterns of an evolving financial crisis and reveals a staggered genuine «crisis law» for autonomous public entities of the Swiss Confederation and its cantons: crisis prevention law, crisis intervention supervision law, crisis intervention emergency law and crisis mitigation law. Due to the legal separation of the assets of an autonomous public body, fiscal rules usually do not cover autonomous public bodies. At the same time, legislators have frequently failed to enact special rules for individual autonomous public entities. As a result, crisis prevention law is incomplete. A threefold application of fiscal rules including core government, consolidated financial statement and individual public entity is therefore suggested. Janus-faced crisis intervention supervision law contains preventive and curative instruments to mitigate a (an imminent) solvency crisis. Crisis intervention emergency law allows to enact emergency federal acts and emergency ordinances as well as the urgent provision of corresponding financial means in order to conduct consolidation measures. With regard to crisis mitigation law, the only partially applicable bankruptcy framework is supplemented by the specific obligation to step in. This is an obligation sui generis based on public law to be distinguished from government guarantees as well as claims for government liability. In order to harmonize the current legal framework and to avoid emergency crisis mitigation departing from the rule of law in individual cases, legislators are encouraged to enact a framework law codifying principles of a holistic crisis law.deStaatsbankrottInsolvenzSchuldenbremseFinanzhaushaltVerselbstständigte VerwaltungseinheitNotrechtStaatshaftungVerwaltung / OrganisationBail-outbook