Popular initiative (Switzerland)

from Wikipedia, the free encyclopedia

The popular initiative ( French initiative populaire , Italian iniziativa popolare , Rhaeto-Romanic iniziativa dal pievel ) is a Swiss political right that can be exercised by voters at federal, cantonal and municipal level. The direct democracy of Switzerland has two fundamentally different instruments of direct political interference. With the instrument of the popular initiative, the sovereign decides on the inclusion of a new provision in the constitution. With the instrument of the referendum , the sovereign seizes the final decision-making authority over new laws.

Federal coat of arms
Federal popular initiatives since 1891
As of August 10, 2020
Popular initiatives started (480)
come about 343
did not materialize 122
at the signature stage 15th
submitted, no decision has yet been made 0
Popular initiatives that have come about (343)
Voted 216
withdrawn 101
written off (done) 2
declared invalid 4th
pending ( Federal Council , Parliament or ready to vote ) 19th
Coordinated popular initiatives (216)
of people and the cantons ( cantons )
approved 		22
(10.5%)

Federal popular initiative

In the case of a federal popular initiative , Swiss voters demand a revision of the federal constitution of the Swiss Confederation . In order for a popular initiative to come about at the federal level, 100,000 signatures from voters must be collected within 18 months . Once this has been achieved, the entire Swiss electorate can finally - mostly two to three years later - submit their comments to the ballot box. Like any constitutional amendment also requires the adoption of a federal popular initiative, together with the consent of the majority also of those voting, the cantons (majority of cantons). Popular initiatives come from citizens , interest groups and parties , not from the government or parliament .

It seldom happens that the Swiss electorate accepts a popular initiative: only 22 have been accepted since its introduction in 1891. Since 1966, over 160 popular initiatives have taken place, over 100 of which have been voted on, but only 15 of them have been adopted in the referendum. In the direct democracy of Switzerland, however, popular initiatives are an essential impetus for change. Even the threat of an initiative can be enough for the legislature to take action.

A distinction must be made between the popular initiative for a total revision of the Federal Constitution and that for a partial revision , with the latter either being submitted in the form of an elaborated draft or a general suggestion . However, only the draft for a partial revision of the constitution is of practical importance. A popular initiative for a total revision came about only once: the associations “ National Front ”, “Swiss Young Conservatives”, “ Landsgemeinschaft - Das Aufgebot ” and “ New Switzerland ” submitted over 78,000 valid signatures for this in 1934. This front initiative was unsuccessful in the referendum of September 1935.

Process of the federal popular initiative for a partial revision of the federal constitution

Preliminary examination

Before the start of collecting signatures for a federal popular initiative to partially revise the Federal Constitution , the Federal Chancellery must first submit the initiative text for preliminary examination. She is also responsible for translating the text and comparing the language versions. In addition, the Federal Chancellery checks whether the title meets the legal requirements (not misleading, advertising or confusing), the composition of the initiative committee (which must consist of 7-27 voters) and the list of signatures for completeness (including title and wording of the Initiative, reference to criminal law provisions, unconditional withdrawal clause ) and verified the publication date in the Federal Gazette .

Collection of signatures

With the publication in the Federal Gazette, the collection period of 18 months begins, in which 100,000 valid signatures must be collected. Whereas in the past, people often collected in front of urns for this purpose, this method took a back seat with the introduction of postal voting. Many committees are now organizing regular collection campaigns on busy streets and squares or distributing the list of signatures by mail . Online platforms also support the collection (the prepaid PDF sheets currently have to be printed out, signed and handed over to the post office).

Certificate of voting rights

The signature lists are to be sent to the respective residential communities within the collection period , which will review and, if necessary, certify the voting rights of the signatories . Since, for example, the signatures of those who have since moved away or who have died are not certified, the voting rights certificates are usually obtained continuously.

Submission and formation

The signature lists must then be submitted to the Federal Chancellery in the Federal Palace in good time, in their entirety and separately for each canton . This then determines whether the required number of 100,000 valid signatures has been reached and whether the popular initiative has thus formally come about. Most of the time, the initiators organize a handover of the signature sheet in front of the Federal Palace in Bern.

Federal Council advice

A popular initiative that has come about formally is discussed by the Federal Council within one year . If he proposes a counter-proposal to the initiative, he can extend the treatment period to one and a half years. The deliberations of the executive ultimately lead to the Federal Council's message on the relevant popular initiative. This initially always deals with the validity of the initiative, i.e. the requirements of the unity of form , the unity of matter and compatibility with the mandatory provisions of international law . The factual feasibility of the initiative is also assessed as an unwritten requirement . The implications, mainly of a legal nature, are also examined if the initiative is adopted; international comparisons of law are sometimes used. Technical statements are also obtained. The embassy addresses the two parliamentary chambers and then recommends approval or rejection of the initiative. This recommendation, as well as the question of validity, are only of an advisory nature (parliament, people), as are the results of the deliberations of the legislature that is now coming into play. The decision-making power rests with the people (the voters).

Parliamentary deliberations

The popular initiative will be discussed within two and a half years of submission by the parliament, i.e. the estates and the national council. If a counter-proposal is proposed to the initiative, the two councils can extend their treatment period to three and a half years. (If an indirect counter-draft is in the process of adjusting the differences, a second extension of the deadline by a further year can be decided.) After the question of validity has been (formally) clarified and almost without exception answered positively, the two chambers should come to one of the following decisions in agreement :

  • Consent to the initiative
    • without counterproposal
    • with a direct counter-draft (draft constitution, preferred in the key question)
  • Rejection of the initiative
    • without counterproposal
    • with a direct counter-draft (draft constitution, preferred in the key question)
    • with indirect counter-draft (bill)

In all these cases, the Parliament's decision has the character of a recommendation for the attention of the electorate.

Referendum

As soon as the parliamentary decision is available, after the final vote of the two councils, the Federal Council will arrange the voting date. This cannot be fixed later than ten months afterwards. For such an initiative for a partial revision of the Federal Constitution is adopted, it must be a double More reach: the majority of valid votes (so-called popular majority ), while a majority of the valid votes in a majority of cantons (so-called cantons ).

Counter proposal

Sometimes the Federal Council and the Federal Assembly develop a counter-proposal to an initiative, which then usually goes less far than the initiative itself - in expectation that the counter-proposal and not the initiative will be accepted.

Until 1988 one had to agree to either the status quo (with no ), the initiative or the counter-proposal (single yes) . So it turned out that proponents of a change were divided, after all they had to decide either for the counter-proposal or for the initiative. Opponents of a change had an easy time of it, which was increasingly criticized.

For this reason, the Federal Decree of December 19, 1986 on the voting procedure for popular initiatives was drafted with a counter- draft, which was adopted in one of the referendums on April 5, 1987, which, since April 5, 1988, has been laid down in the Federal Act on Political Rights - see « Double yes with key question » .

Since then, one can agree to both the initiative and the counter-proposal and indicate the preference with the key question, which ultimately decides which variant should come into force if both are accepted.

A counter-proposal can also result in an initiative being withdrawn by the initiative committee because a proposal from parliament is much more likely to be adopted. In such a case, the initiative acts as an impetus for change.

history

After the instrument of the popular initiative had already been included in the constitutions of the cantons of Aargau, Basel-Landschaft, Thurgau, Schaffhausen, Lucerne and St. Gallen in the 1830s, it was also incorporated into the federal constitution of 1848. Articles 111 to 114, which regulate the revision of the Federal Constitution, do not, according to today's understanding, allow a clear interpretation of whether a partial revision or a total revision was meant. However, according to the legal understanding of the time, the text was interpreted as a total revision, so partial revisions were not possible through the popular initiative.

" If fifty thousand Swiss citizens entitled to vote demand the revision of the Federal Constitution, [...] the question of whether a revision should take place or not must be submitted to the Swiss people for a vote ", stated Article 113. At the time, 50,000 voters were just under 8 Percent of eligible voters.

From the 1860s onwards, opportunities for initiatives to partially revise the constitution and to initiate changes to the law (legislative initiatives) quickly spread in the cantons. The legislative initiative also provided for a federal draft constitution that was rejected in 1872. Nevertheless, the 1848 regulation was retained in the Federal Constitution of 1874. During the following years, fear of loss of power prevailed among the elites; After the introduction of the people's rights in the canton of Zurich, Alfred Escher said that whoever assumed the infallibility of the people was no better than the Catholics, who believed in the infallibility of the Pope (who in those years demonized the liberal world of 1848 - and with him the Catholic Conservatives). Salomon Vögelin expressed another reason: "This is where fear sits: With the right of initiative, the social question will find its way into the council chambers." After repeated corresponding demands and a «people's initiative» already submitted on August 3, 1880 by the derisively «itinerant preacher», Schaffhauser Wilhelm Joos, the Catholic conservatives gave up their resistance in 1884 due to the experience gained with the referendum and so it became 1891 the popular initiative for a partial revision of the constitution introduced. Just 14 months later, the first corresponding initiative to ban slaughter was submitted and accepted in 1893. The efforts to introduce a legislative initiative at the federal level, however, failed, for example a corresponding professional initiative in 1904 , parliamentary motions in 1918 and 1930 , a popular initiative in 1958 and a parliamentary initiative in 1986 .

After the instrument of the people's initiative except during the Great Depression was the 1930s and during the 1950s, rarely used, it enjoys since the 1970s, large popularity.

criticism

Conflict with fundamental rights

A popular initiative at the federal level can now be declared invalid (which practically never happens) if it violates the unity of matter, the unity of form or mandatory international law (see also «Preliminary examination» in «Procedure ...» above). Since - as some critics feel - more and more popular initiatives come about and are submitted, which do not violate mandatory international law , but violate fundamental constitutional rights or violate international law - or would do so if they were implemented - the question arises as to whether the referendums will be made to be above popular law or not.

National Councilor Thérèse Meyer-Kaelin ( CVP ) named the popular initiative “ Against the building of minarets ” as an example. The initiative does not violate any mandatory international law, since the European Convention on Human Rights is not part of mandatory international law. On March 11, 2009, a parliamentary initiative (dated October 5, 2007) was adopted according to which the Federal Constitution was to be amended in such a way that a popular initiative is invalid if it materially violates the protection of fundamental rights and the procedural guarantees of international law .

Laws instead of constitutional articles

Certain critics consider the fact to be problematic that the initiative can only bring about a constitutional change , but not a change in the law . This can result in provisions being included in the Federal Constitution which are not considered to be “constitutional”. They would rather be at the legal level. An example: The protection of the moorland (and the ban on creating arsenals in moorland) is regulated in the constitution instead of in an analogous provision in the Nature and Heritage Protection Act or in the Environmental Protection Act ( Rothenthurm Initiative ) . The number of initiatives written in the constitution increased after the complete revision of the constitution in 1999, on the occasion of which it was freed from old braids.

Since in Switzerland the practical is more in the foreground, also in political life, this rather “constitutional cosmetic” problem is not of great importance.

Implementation of the initiative

The National Council and Council of States were accused from various quarters of watering down the concerns of popular initiatives; Examples are the Alpine Initiative , the Mass Immigration Initiative or the Second Home Initiative . Basically, the constitutional text is a mandate to issue a corresponding ordinance. This ordinance must harmonize various requirements. The texts of popular initiatives always did not correspond to the promises of the initiators, who, as in the example of the mass immigration initiative, changed their own opinion out of opportunity and submitted an actually contradicting initiative text. This can be foreseen if initiatives are "used as a means of party-political power play". In the case of the rejected No Billag initiative , a comment in the NZZ called the free-hand reinterpretation of the constitutional text by the initiators in the voting campaign a "fog petarde - a volte that undermines the seriousness of the initiators. (...) This is how direct democracy becomes more confrontational and more unpredictable - but ultimately less ineffective. " Approval to an initiative out of mere protest increases this devaluation.

Chronological list of all popular initiatives since 1891

Popular initiatives adopted

date Title of the template Participation Proportion of yes votes Stands Yes: No. Core topic
August 20, 1893 For a ban on slaughter without prior stunning 49.18% 60.1% 10 3/2: 9 3/2 Shafts
July 5, 1908 For a ban on absinthe 49.31% 63.5% 17 6/2: 2 0/2 absinthe
October 13, 1918 Proportional election of the National Council 49.47% 66.8% 17 5/2: 2 1/2 National Council
March 21, 1920 For a ban on the establishment of casinos 60.22% 55.3% 13 2/2: 6 4/2 Casino
January 30, 1921 For the submission of open-ended international treaties or those concluded for a period of more than 15 years to the referendum (state treaty referendum) 63.11% 71.4% 17 6/2: 2 0/2 state contract
December 2, 1928 Kursaal Games (casinos) 55.52% 51.9% 13 3/2: 6 3/2 Casino
September 11, 1949 Return to direct democracy 42.52% 50.7% 11 3/2: 8 3/2 Direct democracy
November 28, 1982 To prevent abusive prices 32.91% 56.1% 16 2/2: 4 4/2 Price Supervisor
December 6, 1987 To protect the Moore - Rothenthurm Initiative 47.66% 57.8% 17 6/2: 3 0/2 moor
September 23, 1990 Stop building nuclear power plants (moratorium) 40.43% 54.5% 17 5/2: 3 1/2 Nuclear power plant
September 26, 1993 For a federal holiday (1st August initiative) 39.88% 83.8% 20 6/2: 0 Swiss national holiday
February 20, 1994 To protect the alpine region from transit traffic 40.86% 51.9% 13 6/2: 7 0/2 Relocation policy , protection of the Alps and the Alps # transit traffic
March 3, 2002 For Switzerland's accession to the United Nations Organization (UN) 58.44% 54.6% 11 2/2: 9 4/2 United Nations and Switzerland in the United Nations
February 8, 2004 Lifelong custody for non-treatable, extremely dangerous sexual and violent offenders 45.53% 56.2% 19 5/2: 1 1/2 Safekeeping
November 27, 2005 GMO-free initiative (GMO moratorium in agriculture) 42.24% 55.7% 20 6/2: 0 Genetic engineering
November 30, 2008 For the non-statute of limitations for pornographic crimes against children 47.52% 51.9% 16 4/2: 4 2/2 Sex offenses against children
November 29, 2009 Against the building of minarets 53.40% 57.5% 17 5/2: 3 1/2 Minarets
November 28, 2010 For the deportation of criminal foreigners (deportation initiative) 53.05% 52.9% 15 5/2: 5 1/2 Crime among foreigners
March 11, 2012 Federal popular initiative "Put an end to the endless construction of second homes!" 44.50% 50.6% 12 3/2: 8 3/2 Construction of second homes
March 3, 2013 Federal popular initiative "against rip-off" 46.7% 67.9% 20 6/2: 0 Shareholder rights, manager salaries
February 9, 2014 Federal popular initiative "Against mass immigration" 55.8% 50.3% 12 5/2: 8 1/2 Immigration
May 18, 2014 Federal popular initiative «Pedophiles should no longer be allowed to work with children» 54.9% 63.5% 20 6/2: 0 pedophilia

Popular initiatives with a high turnout (over 55%)

date Initiative title Participation Proportion of yes votes Stands Yes: No. result
November 4, 1894 Federal popular initiative "Sending part of the customs revenue to the cantons" 71.88% 29.3% 7 3/2: 12 3/2 Declined
October 23, 1910 Federal popular initiative "Proportional election of the National Council" 62.34% 47.5% 10 4/2: 9 2/2 Declined
June 2, 1918 Federal popular initiative "Introduction of the direct federal tax" 65.40% 45.9% 6 3/2: 13 3/2 Declined
January 30, 1921 Federal popular initiative "Repeal of military justice" 63.11% 33.6% 3: 16 6/2 Declined
December 3, 1922 Federal popular initiative "for the one-off property levy" 86.29% 13.0% 0:19 6/2 Declined
April 15, 1923 Federal popular initiative "Respect for people's rights in the customs issue" 65.76% 26.8% 0 1/2: 19 5/2 Declined
May 24, 1925 Federal popular initiative "Invalidity, old-age and survivors' insurance" 68.23% 42.0% 5 2/2: 14 4/2 Declined
March 3, 1929 Federal popular initiative "Grain Supply" 67.26% ¹ 02.7%  1 0:19 6/2 Declined
June 2, 1935 Federal popular initiative «Combating the economic crisis» 84.34% 42.8% 4 2/2: 15 4/2 Declined
September 8, 1935 Federal popular initiative "Total revision of the Federal Constitution" (so-called front initiative ) 60.90% 27.7% - Declined
November 28, 1937 Federal popular initiative «Prohibition of Freemasonry» 65.94% 31.3% 1: 18 6/2 Declined
March 9, 1941 Federal popular initiative "Reorganization of the alcohol system" 61.43% 40.2% - Declined
January 25, 1942 Federal popular initiative "Election of the Federal Council by the people and increasing the number of members" 61.97% 32.4% 0:19 6/2 Declined
May 18, 1947 Federal popular initiative "Economic reform and labor rights" 59.43% 31.2% 0:19 6/2 Declined
March 13, 1955 Federal popular initiative "Protection of tenants and consumers (continuation of price controls)" 55.52% 50.2% 6 2/2: 13 4/2 Declined
October 26, 1958 Federal popular initiative "Introduction of the 44-hour week" 61.84% 35.0% 1/2: 19 5/2 Declined
April 1, 1962 Federal popular initiative "for a ban on nuclear weapons" 55.59% 34.8% 4:15 6/2 Declined
June 7, 1970 Federal popular initiative «against foreign infiltration» 74.72% 46.0% 6 2/2: 13 4/2 Declined
20th October 1974 Federal popular initiative «Against foreign infiltration and overpopulation in Switzerland» 70.33% 34.2% 0:19 6/2 Declined
November 26, 1989 Federal popular initiative "for a Switzerland without an army and for a comprehensive peace policy" 69.18% 35.6% 2: 18 6/2 Declined
Federal popular initiative «pro Tempo 130/100» 69.15% 38.0% 6:14 6/2 Declined
June 6, 1993 Federal popular initiative "40 weapon slots are enough - environmental protection even in the military" 55.58% 44.7% 6 2/2: 14 4/2 Declined
Federal popular initiative "for a Switzerland without new combat aircraft" 55.58% 42.8% 3 2/2: 17 4/2 Declined
March 4, 2001 Federal popular initiative "Yes to Europe!" 55.79% 23.2% 0:20 6/2 Declined
Federal popular initiative "for more road safety through Tempo 30 in urban areas with exceptions (roads for everyone)" 55.79% 20.3% 0:20 6/2 Declined
March 3, 2002 Federal popular initiative "for Switzerland to join the United Nations Organization (UN)" 58.44% 54.6% 11 2/2: 9 4/2 Accepted
February 9, 2014 Federal popular initiative "Financing abortion is a private matter - relief of health insurance by removing the costs of abortion from the compulsory basic insurance" 55.5% 30.2% 1/2: 20 5/2 Declined
Federal popular initiative "Against mass immigration" 55.8% 50.3% 12 5/2: 8 1/2 Accepted
May 18, 2014 Federal popular initiative "For the protection of fair wages (minimum wage initiative)" 55.5% 23.7% 0:20 6/2 Declined
February 28, 2016 Federal popular initiative "For marriage and family - against the marriage penalty" 62.2% 49.2% 15 3/2: 5 3/2 Declined
Federal popular initiative "To enforce the deportation of criminal foreigners (enforcement initiative)" 62.6% 41.1% 3 3/2: 17 3/2 Declined
Federal popular initiative "No speculation with food!" 61.9% 40.1% 1 1/2: 19 5/2 Declined
1 The counter-proposal was accepted.

Popular initiatives pending

Popular initiatives ready for voting

Initiative title Initiative Committee Submitted Referendum
Federal popular initiative "For moderate immigration" (limitation initiative ) Committee for moderate immigration / SVP Switzerland August 31, 2018 September 27, 2020
Federal popular initiative "For responsible companies - to protect people and the environment" Development aid organizations, human rights organizations, environmental protection groups and trade unions October 10, 2016 November 29, 2020
Federal popular initiative "For a ban on the financing of war material producers" AL Zurich , Alternative Canton Zug , ATTAC Switzerland , BastA! , BDS Switzerland , DJS , GSP , GSOA , Greens , ICAN Switzerland , Young Alternative YES! , Young Greens , JUSO , WILPF Switzerland , VPOD , Sosf , SP June 21, 2018 November 29, 2020
Federal popular initiative "Yes to the ban on veiling" Egerkinger Komitee, Walter Wobmann , Raymond Clottu , Oskar Freysinger , Thomas Fuchs , Andrea Geissbühler , Andreas Glarner , Hermann Lei , Hans Moser , Yves Nidegger , Julia Onken , Lorenzo Quadri , Lukas Reimann 15th September 2017

Popular initiatives pending in parliament

Initiative title Initiative Committee Submitted Treatment period of the federal Councils
Federal popular initiative "Determination of federal judges by lottery (judicial initiative)" Justice Initiative Committee 26th August 2019
Federal popular initiative "Relieve wages, tax capital fairly" JUSO 2nd April 2019 October 2, 2021
Federal popular initiative "Yes to the ban on animal and human experiments - Yes to research paths with impulses for safety and progress" IG Tierversuchsverbots-Initiative 18th March 2019 September 18, 2020
Federal popular initiative "Stop the high-price island - for fair prices (fair price initiative)" AM Switzerland , BKW , FRC , Gastrosuisse , Hotelleriesuisse , STV , Foundation for Consumer Protection , Swissmechanic December 12, 2017 June 12, 2020 2
Federal popular initiative "For a Switzerland without synthetic pesticides" Committee «For Switzerland without synthetic pesticides» May 25, 2018 November 25, 2020
Federal popular initiative "For clean drinking water and healthy food - No subsidies for the use of pesticides and prophylactic antibiotics" Association “Clean Water for All”, Greenpeace Switzerland, BirdLife Switzerland, Animal in Focus , Swissveg , Pro Natura January 18, 2018 18th July 2020
Federal popular initiative "For strong care (care initiative)" Swiss professional association of nursing women and nurses 7th November 2017 May 7, 2020
Federal popular initiative "For more transparency in political financing (transparency initiative)" Pirate Party , Young Greens , Opendata.ch , Greens , JUSO , EPP , SP , BDP , Youth Session , Transparency International Switzerland October 10, 2017 April 10, 2020

Popular initiatives pending at the Federal Council

Initiative title Initiative Committee Submitted Treatment period of the Federal Council
Federal popular initiative "For lower premiums - cost brake in the health care system (cost brake initiative)" CVP Switzerland March 10, 2020 September 10, 2021
Federal popular initiative «A maximum of 10% of income for health insurance premiums (premium relief initiative)» Federal popular initiative «Premium Relief Initiative» January 23, 2020 July 23, 2021
Federal popular initiative "For a healthy climate (glacier initiative)" Swiss Climate Protection Association November 27, 2019 May 27, 2021
Federal popular initiative "No factory farming in Switzerland (factory farming initiative)" Sentience Politics , Greenpeace Switzerland , Fondation Franz Weber , Vier Pfoten , Tier im Fokus , Hiltl , Stiftung für das Tier im Recht u. v. m. 17th September 2019 March 17, 2021
Federal popular initiative "Yes to the protection of children and young people from tobacco advertising (children and young people without tobacco advertising)" Association "Yes to the protection of children and adolescents from tobacco advertising" September 12, 2019 March 12, 2021
Federal popular initiative "Against arms exports to civil war countries (correction initiative)" Alliance against arms exports to civil war countries December 11, 2018 June 11, 2020
Federal popular initiative "Promote organ donation - save lives" Comité d'initiative «Initiative pour le don d'organes», Swisstransplant 17th October 2017 17th April 2019
2 Treatment period extended due to a counter-draft

Popular initiatives pending in the count

Initiative title Initiative Committee Start of collection Submitted
- - - -

Popular initiatives pending in the signature stage

Initiative title Initiative Committee Start of collection Expiry of the collection period
Federal popular initiative "Integration of the national number in the license plate (license plate initiative)" Association license plate initiative 5th March 2019 November 16, 2020 3
Federal popular initiative "For a safe and trustworthy democracy (e-voting moratorium)" Association "For a safe and trustworthy democracy (e-voting moratorium)" March 12, 2019 23 November 2020 3
Federal popular initiative "For the future of our nature and landscape (biodiversity initiative)" Biodiversity initiative March 26, 2019 December 7, 2020 3
Federal popular initiative "Against the development of our landscape (landscape initiative)" Landscape initiative March 26, 2019 December 7, 2020 3
Federal popular initiative "For a generation-fair retirement provision (provision yes - but fair)" Provision YES - but fair 2nd April 2019 December 13, 2020 3
Federal popular initiative "Yes to the abolition of the time change" Secretariat RUI April 9, 2019 December 20, 2020 3
Federal popular initiative "Yes to more participation of the population in health and accident insurance" Theres Schöni 2nd July 2019 March 15, 2021 3
Federal popular initiative “Refinancing of nursing care - lower health insurance premiums! (Care financing initiative) » «Refinancing of nursing care - lower health insurance premiums! (Care financing initiative) » 27th August 2019 May 10, 2021 3
Federal popular initiative "Yes to tax-free AHV and IV pensions" "Tax-free pensions" September 24, 2019 June 4, 2021 3
Federal popular initiative "On-site assistance in the asylum sector" Asylum initiative (including Luzi Stamm ; SVP ) October 8, 2019 June 19, 2021 3
Federal popular initiative "For a health-compatible and energy-saving mobile radio" Mobile communications initiative 15th October 2019 June 26, 2021 3
Federal popular initiative "Mobile phone liability initiative" Mobile phone liability initiative October 22, 2019 3 July 2021 3
Federal popular initiative "For secure and sustainable old-age provision (pension initiative)" Young liberals Switzerland 5th November 2019 July 16, 2021 3
Federal popular initiative "Micro-tax on cashless payments" Micro-tax association February 25, 2020 November 5, 2021 3
Federal popular initiative "For a better life in old age (initiative for a 13th AHV pension)" Initiative for a 13th AHV pension March 3, 2020 November 14, 2021 3
3 Collection period extended due to the COVID-19 pandemic

statistics

The popular initiative instrument created in 1891 was rarely used until the 1970s. After that, the number of popular initiatives increased significantly, but there were no successes at the ballot box. From 1949 to 1982 not a single popular initiative was adopted. Only after the turn of the millennium did the proportion of successful initiatives increase significantly. Since 1891 the people and the cantons have been able to vote on a total of 216 initiatives. A good third of these votes have taken place since 2000. A total of 22 initiatives were accepted, ten of which have come through since the turn of the millennium alone.

In the 50th legislative period of the Swiss Federal Assembly (2015–2019), 16 popular initiatives came to the polls and were all rejected. Such a balance was last seen in the 45th legislature (1995 to 1999). In the four legislatures in between, at least one initiative was always adopted. The period between 2004 and 2014 is also known as the “decade of popular initiatives”. During this period, 9 submissions were accepted by the people and the cantons. On May 18, 2014, the popular initiative “Pedophiles should no longer be allowed to work with children” was the last popular initiative (as of summer 2019). Since then, a total of 25 initiatives have been voted on, all of which were unsuccessful. In 2017, the people did not have to vote on a single initiative. This has not been the case for 34 years.

The parties are repeatedly accused of using the popular initiative as an election vehicle. The popular initiative was originally intended as an outlet for political minorities. After 2000 in particular, significantly more initiatives were launched before and in election years. Eight referendums were launched in 2018; two fewer than 2017 and two more than 2016. In the years leading up to the 2015 and 2011 election years, 12 and 15 initiatives, respectively, were launched. A record-breaking 23 initiatives were launched in the election year 2011, in 2015 only 6. The two intermediate years 2016 and 2017, with an average of 8 launched initiatives, are in the long-term average, but well below that of the years 2009 to 2014 with 13 initiatives per year. The proportion of initiatives launched that have come about is stable. Around two thirds bring together the 100,000 required signatures.

General popular initiative

In order to take into account, among other things, the above- mentioned requirement of «fairness by level» of norms, a reform of the people’s law was developed which provides for a new variant of the right of initiative: the so-called «general people's initiative». The constitutional provisions stipulated that “the adoption, amendment or repeal of constitutional or legal provisions” could be demanded in a general proposal. In addition, the parliament would have formulated the request and decided whether the constitution or the legislation should be adapted. If the constitution had been changed, there would have been a mandatory referendum; Changes in the law would have been subject to the optional referendum. Parliament was also free to formulate its own (direct) counter-proposal in addition to the submission to implement the request for initiative . This could also have taken place at constitutional or legal level. Swiss voters approved the introduction of the general popular initiative in a referendum on February 9, 2003 with 70.3 percent (unanimous approval of the estates ), but with an unusually low turnout of around 28 percent. The Vox analysis also showed that around a quarter of those who voted did not know exactly what it was about.

The disadvantage for the initiators would have been that the Parliament determines the exact wording of a proposal and thus the concerns could be watered down. As part of the implementation of this new concept at the legal level, it has been shown that the new popular law is complex in terms of its practical application. The National Council assessed it as impractical and did not act on a corresponding bill (amendments to the Federal Act on Political Rights and the Parliament Act ). At the same time it accepted a parliamentary initiative to cancel the general popular initiative at constitutional level (in particular deletion of Art. 139a BV ). On the basis of the implementing legislation drawn up by the Federal Council , the two councils came to the conclusion that the new popular law could not be implemented. Difficulties were caused by the bicameral system , any counter-drafts , the different majority requirements for constitutional and legislative changes, as well as the ability of the initiators to appeal to the Federal Supreme Court if they were not satisfied with the draft. The resulting long duration of proceedings would have made popular law unattractive. On March 19, 2007, after the National Council , the Council of States also decided not to adopt the implementing legislation for the general popular initiative. In order to finally be able to repeal the constitutional article adopted in 2003 - as proposed by parliament - again the approval of the people and the cantons was required. On September 27, 2009, the federal decree of December 19, 2008 on the “ waiver of the introduction of the general popular initiative ” was approved by the people with 67.9 percent and a turnout of 41 percent; this time, too, all stands accepted the template.

Cantonal popular initiative

Constitutional and legislative initiative

At the canton level, there are constitutional initiatives as well as legislative initiatives, whereby a vote on a proposal for a new law or a change in the law is required. The required number of signatures is specified in the respective cantonal constitution. A cantonal constitutional or legislative initiative must not violate federal law (Art. 49 BV). If there is a violation of the federal constitution, in particular the fundamental rights, or a federal law, the federal court (Switzerland) can declare a cantonal popular initiative invalid.

Single initiative

The canton of Zurich has also known the individual initiative since 1869: The initiative of an individual regarding changes to the cantonal constitution or a cantonal law is then treated as a parliamentary initiative, an authority initiative or a popular initiative if it has the support of at least 60 (out of a total of 180) members of the Cantonal Council finds.
The two regional parish cantons of Appenzell Innerrhoden and Glarus know the right of individual initiatives, but where such initiatives are mandatory to be submitted to the regional parish.

Authority initiative

The canton of Zurich is also familiar with the authorities' initiative: the initiative by an authority to amend the cantonal constitution or a cantonal law or to amend the constitution or laws.

Local people's initiative

The number of signatures required varies from municipality to municipality: in the three largest cities, for example, it is 3,000 ( Zurich and Basel ) and 4,000 ( Geneva ), while in Lucerne 800 and in the municipalities of Wolfhalden (1,700 inhabitants) and Hundwil (990 inhabitants) of which 40 are enough.

Depending on the cantonal or communal regulations, individual voters can also submit a communal popular initiative (individual initiative).

See also

Web links

Commons : Volksinitiative (Switzerland)  - collection of pictures, videos and audio files

Initiatives

  1. ^ Federal popular initiative "for a ban on slaughter without prior stunning" . admin.ch. Retrieved May 18, 2010.
  2. ^ Federal popular initiative “for a ban on absinthe” . admin.ch. Retrieved May 18, 2010.
  3. ↑ Federal popular initiative “Proportional election of the National Council” . admin.ch. Retrieved May 18, 2010.
  4. ^ Federal popular initiative «for a ban on the establishment of casinos» . admin.ch. Retrieved May 18, 2010.
  5. ↑ Federal popular initiative “for submitting state treaties with an unlimited term or concluded for a period of more than 15 years to the referendum (state treaty referendum)” . admin.ch. Retrieved May 18, 2010.
  6. ^ Federal popular initiative «Kursaalspiele (casinos)» . admin.ch. Retrieved May 18, 2010.
  7. ^ Federal popular initiative "Return to direct democracy" . admin.ch. Retrieved May 18, 2010.
  8. ^ Federal popular initiative «to prevent abusive prices» . admin.ch. Retrieved May 18, 2010.
  9. ↑ Federal popular initiative “for the protection of moors - Rothenthurm initiative” . admin.ch. Retrieved May 18, 2010.
  10. ^ Federal popular initiative "Stop building nuclear power plants (moratorium)" . admin.ch. Retrieved May 18, 2010.
  11. ^ Federal popular initiative "for a federal holiday without work" (1st August initiative) ' . admin.ch. Retrieved May 18, 2010.
  12. ^ Federal popular initiative «to protect the Alpine region from transit traffic» . admin.ch. Retrieved May 18, 2010.
  13. ^ Federal popular initiative "for Switzerland to join the United Nations Organization (UN)" . admin.ch. August 25, 1998. Retrieved May 18, 2010.
  14. ^ Federal popular initiative «Lifelong custody for non-treatable, extremely dangerous sexual and violent offenders» . admin.ch. Retrieved May 18, 2010.
  15. ^ Federal popular initiative "for food from GMO-free agriculture" . admin.ch. Retrieved May 18, 2010.
  16. ↑ Federal popular initiative “for the non-statute of limitations for pornographic crimes against children” . admin.ch. Retrieved May 18, 2010.
  17. ^ Federal popular initiative "Against the building of minarets" . admin.ch. Retrieved May 18, 2010.
  18. ^ Federal popular initiative "for the deportation of criminal foreigners (deportation initiative)" . admin.ch. Retrieved May 18, 2010.
  19. ↑ Federal popular initiative "End the endless construction of second homes!" . admin.ch. Retrieved March 11, 2012.
  20. ^ Federal popular initiative «Against rip-offs» . admin.ch. Retrieved May 18, 2010.
  21. ↑ Federal popular initiative “Against mass immigration” . Retrieved July 26, 2011.
  22. ↑ Federal popular initiative “Pedophiles should no longer be allowed to work with children” . admin.ch. October 20, 2009. Retrieved May 18, 2010.
  23. ^ Federal popular initiative “Sending part of the customs revenue to the cantons” . admin.ch. Retrieved May 18, 2010.
  24. ↑ Federal popular initiative “Proportional election of the National Council” . admin.ch. Retrieved May 18, 2010.
  25. ^ Federal popular initiative “Introduction of the direct federal tax” . admin.ch. Retrieved May 18, 2010.
  26. ^ Federal popular initiative «Repeal of Military Justice» . admin.ch. Retrieved May 18, 2010.
  27. ↑ Federal popular initiative “One-off property tax” . admin.ch. Retrieved May 18, 2010.
  28. ↑ Federal popular initiative “Respect for people's rights in the customs issue” . admin.ch. Retrieved May 18, 2010.
  29. ↑ Federal popular initiative “Invalidity, Old Age and Survivors' Insurance” . admin.ch. Retrieved May 18, 2010.
  30. ↑ Federal popular initiative «Grain Supply» . admin.ch. Retrieved May 18, 2010.
  31. ^ Federal popular initiative “Combating the Economic Crisis” . admin.ch. Retrieved May 18, 2010.
  32. ↑ Federal popular initiative “Total revision of the Federal Constitution” . admin.ch. Retrieved May 18, 2010.
  33. ^ Federal popular initiative «Prohibition of Freemasonry» . admin.ch. Retrieved May 18, 2010.
  34. ^ Federal popular initiative “Reorganization of the alcohol system” . admin.ch. Retrieved May 18, 2010.
  35. ^ Federal popular initiative "Election of the Federal Council by the people and increase in the number of members" . admin.ch. Retrieved May 18, 2010.
  36. ^ Federal popular initiative «Economic reform and labor rights» . admin.ch. Retrieved May 18, 2010.
  37. ↑ Federal popular initiative “Protection of tenants and consumers (continuation of price controls)” . admin.ch. Retrieved May 18, 2010.
  38. ^ Federal popular initiative “Introduction of the 44-hour week” . admin.ch. Retrieved May 18, 2010.
  39. ^ Federal popular initiative «Ban on nuclear weapons» . admin.ch. Retrieved May 18, 2010.
  40. ↑ Federal popular initiative “Ueberfremdung” . admin.ch. Retrieved May 18, 2010.
  41. ^ Federal popular initiative «Against foreign infiltration and overpopulation in Switzerland» . admin.ch. Retrieved May 18, 2010.
  42. ^ Federal popular initiative "for a Switzerland without an army and for a comprehensive peace policy" . admin.ch. Retrieved May 18, 2010.
  43. ^ Federal popular initiative «pro Tempo 130/100» . admin.ch. Retrieved May 18, 2010.
  44. ↑ Federal popular initiative "40 weapon positions are enough - environmental protection even in the military" . admin.ch. Retrieved May 18, 2010.
  45. ^ Federal popular initiative “for a Switzerland without new combat aircraft” . admin.ch. Retrieved May 18, 2010.
  46. ↑ Federal popular initiative "Yes to Europe!" . admin.ch. Retrieved May 18, 2010.
  47. ↑ Federal popular initiative “for more road safety through Tempo 30 in urban areas with exceptions (roads for everyone)” . admin.ch. Retrieved May 18, 2010.
  48. ^ Federal popular initiative "for Switzerland to join the United Nations Organization (UN)" . admin.ch. August 25, 1998. Retrieved May 18, 2010.
  49. ↑ Federal popular initiative “Abortion financing is a private matter - relief of health insurance by removing the costs of abortion from the compulsory basic insurance” . admin.ch. January 26, 2010. Retrieved May 18, 2010.
  50. ↑ Federal popular initiative “Against mass immigration” . Retrieved July 26, 2011.
  51. ^ Federal popular initiative "For the protection of fair wages (minimum wage initiative)" . Retrieved March 7, 2011.
  52. ^ Federal popular initiative "For moderate immigration (limitation initiative)" . Retrieved May 11, 2018.
  53. ↑ Federal popular initiative “For responsible companies - to protect people and the environment” . Retrieved November 5, 2017.
  54. ^ Federal popular initiative “For a ban on the financing of war material producers” . Retrieved October 2, 2017.
  55. ^ Federal popular initiative “Yes to the ban on veiling” . Retrieved November 5, 2017.
  56. ↑ Federal popular initiative “Determination of federal judges by lottery procedure (justice initiative)” . Retrieved June 14, 2018.
  57. ^ Federal popular initiative "Relieve wages, tax capital fairly" . Retrieved October 3, 2017.
  58. ↑ Federal popular initiative “Yes to the ban on animal and human experiments - Yes to research paths with impulses for safety and progress” . Retrieved October 3, 2017.
  59. ^ Federal popular initiative "Stop the high-price island - for fair prices (fair price initiative)" . Retrieved October 2, 2017.
  60. ↑ Federal popular initiative “For a Switzerland without synthetic pesticides” . Retrieved July 3, 2018.
  61. ↑ Federal popular initiative "For clean drinking water and healthy food - No subsidies for the use of pesticides and prophylactic antibiotics" . Retrieved October 2, 2017.
  62. ^ Federal popular initiative “For strong care (care initiative)” . Retrieved October 2, 2017.
  63. ↑ Federal popular initiative “For more transparency in political financing (transparency initiative)” . Retrieved October 2, 2017.
  64. ↑ Federal popular initiative “For lower premiums - cost brake in the health care system (cost brake initiative)” . Retrieved October 22, 2018.
  65. ↑ Federal popular initiative “Maximum 10% of income for health insurance premiums (premium relief initiative)” . Retrieved October 27, 2019.
  66. ^ Federal popular initiative "For a healthy climate (glacier initiative)" . Accessed December 31, 2019.
  67. ↑ The glacier initiative came about . Accessed December 31, 2019.
  68. ↑ Federal popular initiative "No factory farming in Switzerland (factory farming initiative)" . Retrieved June 14, 2018.
  69. ^ Federal popular initiative “Yes to the protection of children and young people from tobacco advertising” . Retrieved March 22, 2018.
  70. ^ Federal popular initiative "Against arms exports to civil war countries (correction initiative)" . Retrieved January 5, 2019.
  71. ↑ Federal popular initiative “Promote organ donation - save lives” . Retrieved November 5, 2017.
  72. ↑ Federal popular initiative “Integration of the national number in the license plate ( license plate initiative)” . Retrieved October 27, 2019.
  73. ^ Federal popular initiative “For a safe and trustworthy democracy (e-voting moratorium)” . Retrieved October 27, 2019.
  74. ^ Federal popular initiative “For the future of our nature and landscape (biodiversity initiative)” . Retrieved October 27, 2019.
  75. ^ Federal popular initiative "Against the building of our landscape (landscape initiative)" . Retrieved October 27, 2019.
  76. ↑ Federal popular initiative "For a generation-fair retirement provision (provision yes - but fair)" . Retrieved October 27, 2019.
  77. ^ Federal popular initiative "Yes to the abolition of the time change" . Retrieved October 27, 2019.
  78. ^ Federal popular initiative "Yes to more participation of the population in health and accident insurance" . Retrieved October 27, 2019.
  79. ↑ Federal popular initiative “Refinancing of nursing care - lower health insurance premiums! (Care financing initiative) » . Retrieved October 27, 2019.
  80. ↑ Federal popular initiative “Yes to tax-free AHV and IV pensions” . Retrieved October 27, 2019.
  81. ↑ Federal popular initiative “Help on site in the asylum sector” . Retrieved October 27, 2019.
  82. ^ Federal popular initiative “For a health-compatible and energy-saving mobile radio” . Retrieved October 27, 2019.
  83. ↑ Federal popular initiative «Mobile radio liability initiative» . Retrieved October 27, 2019.
  84. ↑ Federal popular initiative “For secure and sustainable old-age provision (pension initiative)” . Retrieved January 16, 2020.
  85. ↑ Federal popular initiative «Micro-tax on cashless payments» . Retrieved March 14, 2020.
  86. ↑ Federal popular initiative "For a better life in old age (initiative for a 13th AHV pension)" . Retrieved March 14, 2020.

Individual evidence

  1. ↑ admin.ch - The Federal Authorities of the Swiss Confederation: Popular Initiatives - Overview in Figures , Federal Chancellery (BK)
  2. ↑ Declared as done. See the explanations of the Federal Chancellery (click on individual cases)
  3. ↑ The first, the weirdest and the most successful initiatives in Tages-Anzeiger on July 5, 2016
  4. ↑ Bundesblatt 46/1934, page 593
  5. ^ Result of the vote of the federal popular initiative "for a total revision of the federal constitution" of 1935
  6. ↑ Simon Hehli: The instant referendum - Facebook democracy is getting closer: Next year an online community will start that should be able to hold a referendum in just one week. It is also a challenge to the parliament that has moved to the right. NZZ , November 20, 2015
  7. ↑ Federal decision of December 19, 1986 on the voting procedure for popular initiatives with counter-draft , on admin.ch
  8. ↑ (Federal Gazette 1987 III 377 388)
  9. ↑ Group initiative should not be in front of the people , NZZ, February 28, 2018
  10. ^ Bernard Degen: Popular initiative. In: Historical Lexicon of Switzerland .
  11. ↑ Swiss popular initiative: 125 years old and controversial on SRF from July 5, 2016
  12. ↑ Thomas Zaugg in Das Magazin 48/2014
  13. ↑ Federal Chancellery: Federal resolution regarding the petition for a revision of the Federal Constitution made by the popular initiative of August 3, 1880
  14. ↑ Direct democracy: The popular initiative is a success story in Neue Zürcher Zeitung from July 5, 2016
  15. ↑ a b 07.477 - Parliamentary Initiative: Validity of Popular Initiatives , Daniel Vischer ( GPS ), from March 11, 2009, on parlament.ch
  16. ↑ 08.3765 - Postulate: Popular initiatives and international law , State Political Commission NR, on parlament.ch
  17. ↑ Federal popular initiative “for the protection of moors - Rothenthurm initiative” , on admin.ch
  18. ^ Arnold Koller and the breeding billy goat , Tagesanzeiger, August 20, 2018
  19. ↑ More respect for the referendum
  20. ↑ Switzerland needs a cleansing thunderstorm , NZZ, December 16, 2016
  21. ↑ Limitation Initiative . Retrieved May 11, 2018.
  22. ↑ The Federal Council: Coronavirus: A federal referendum will take place on September 27, 2020 . In: admin.ch , April 29, 2020, accessed on April 29, 2020.
  23. ↑ «For responsible companies - to protect people and the environment» . Retrieved November 5, 2017.
  24. ↑ a b The Federal Council: Voting proposals for November 29, 2020 . In: admin.ch , July 1, 2020, accessed on August 10, 2020.
  25. ^ Alliance for a Prohibition of War Business . Retrieved October 2, 2017.
  26. ^ "Yes to the ban on veiling" . Retrieved November 5, 2017.
  27. ^ Justice Initiative . Retrieved June 14, 2018.
  28. ↑ Taxing capital instead of labor: JUSO Switzerland . Retrieved October 3, 2017.
  29. ↑ a b c d e f g h i j k l m n Ordinance on the deadline for federal referendums. March 20, 2020, accessed May 1, 2020 .
  30. ^ IG Tierversuchsverbots-Initiative . Retrieved October 3, 2017.
  31. ^ Association "Stop the high-price island - for fair prices" . Retrieved October 2, 2017.
  32. ↑ Committee «For a Switzerland without synthetic pesticides» . Retrieved October 2, 2017.
  33. ^ Association "Clean Water for All" . Retrieved October 2, 2017.
  34. ↑ Popular initiative for strong care . Retrieved October 2, 2017.
  35. ^ "Transparency Initiative" committee . Retrieved October 2, 2017.
  36. ↑ Initiative “For lower premiums - cost containment in the health care system” - CVP Switzerland . Retrieved October 22, 2018.
  37. ^ Association for Climate Protection Switzerland . Retrieved October 28, 2019.
  38. ↑ No factory farming in Switzerland . Retrieved June 14, 2018.
  39. ↑ Children without tobacco . Retrieved March 22, 2018.
  40. ^ Alliance against arms exports to civil war countries . Retrieved January 5, 2019.
  41. ↑ Promote organ donation - save lives . Archived from the original on November 7, 2017. Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Retrieved November 5, 2017. @1@ 2Template: Webachiv / IABot / www.swisstransplant.org
  42. ^ Association of license plate initiative . Retrieved October 28, 2019.
  43. ↑ a b dual initiative biodiversity and landscape . Retrieved October 28, 2019.
  44. ↑ RUI Secretariat . Retrieved October 28, 2019.
  45. ↑ SVP circles present new asylum initiative . Retrieved October 28, 2019.
  46. ^ Committee on Mobile Communications Initiative . Retrieved October 28, 2019.
  47. ^ Committee on Mobile Telecommunications Liability Initiative . Retrieved October 28, 2019.
  48. ↑ https://renten-sichern.ch/ . Retrieved January 16, 2020.
  49. ↑ https://mikrosteuer.ch/ . Retrieved March 14, 2020.
  50. ↑ https://www.ahvx13.ch/ . Retrieved March 14, 2020.
  51. ↑ Sven Altermatt: Five-year dry spell: Popular initiatives currently have no chance In: Aargauer Zeitung of May 27, 2019
  52. ^ Abolish general popular initiative again NZZ Online, February 22, 2008
  53. ↑ The general popular initiative is abolished. Der Bund , September 27, 2009, accessed on September 27, 2009 .