Federal popular initiative "Swiss law instead of foreign judges (self-determination initiative)"
The federal popular initiative “Swiss law instead of foreign judges ” , also known for short as the self-determination initiative (SBI), was a Swiss popular initiative . It demanded that the Federal Constitution should in future have priority over international law . The initiator was the SVP . The initiative was submitted with 116,428 valid signatures on August 12, 2016 and rejected by the people and the cantons on November 25, 2018 .
Emergence
When it became apparent that the automatic deportation planned with the deportation initiative (accepted in 2010) could not be implemented by law without further ado, the SVP first launched the enforcement initiative (rejected in 2016). After the Federal Supreme Court signaled to Parliament that an automatism without individual examination is not compatible with the Federal Constitution or the European Convention on Human Rights (ECHR), SVP National Councilor Hans-Ueli Vogt launched the idea of the self-determination initiative with a letter to former Federal Councilor Christoph Blocher .
The SVP declares that it wants to strengthen direct democracy and stop an alleged disempowerment of the electorate. The Federal Constitution should therefore take precedence over international law in the future (subject to mandatory provisions such as those against slavery and genocide ). For the Federal Supreme Court, in addition to the federal laws, only those international treaties that have been subject to the referendum should be authoritative (e.g. not the ECHR).
Initiative text
The federal constitution is amended as follows:
Art. 5 para. 1 and 4
1 The law is the basis and limitation of state action. The federal constitution is the supreme source of law for the Swiss Confederation.
4 Confederation and cantons observe international law. The Federal Constitution takes precedence over international law and takes precedence over it, subject to the mandatory provisions of international law.
Art. 56a Obligations under international law
1 The Confederation and the cantons do not enter into any obligations under international law that contradict the Federal Constitution.
2 In the event of an objection, they ensure that the obligations under international law are adapted to the requirements of the Federal Constitution, if necessary by terminating the relevant international treaties.
3 The mandatory provisions of international law remain reserved .
' Art. 190 . ' Mass Imaging legal
federal laws and international treaties, the approval decision has been subordinate to the referendum are binding for the Federal Court and the other authorities applying the law.
Art. 197 no. 12 Transitional provision to Art. 5 Para. 1 and 4 (Principles of the rule of law), Art. 56a (Obligations under international law) and Art. 190 (Applicable law)
With their acceptance by the people and the cantons, Articles 5 Paragraphs 1 and 4, 56a and 190 applicable to all existing and future provisions of the Federal Constitution and to all existing and future obligations of the Confederation and the cantons under international law.
Consultation in parliament
The Council of States recommended the initiative on March 13, 2018, with 36 to 6 votes, with no counter-proposal for rejection, as did the National Council on June 11, 2018 with 127 to 67 votes. In the final vote, this recommendation was confirmed by the National Council with 129 to 68 votes, and by the Council of States with 38 to 6 votes.
Opinion polls
Institute | Client | date | Yes | Rather yes | Tie No answer |
Rather no | No |
---|---|---|---|---|---|---|---|
LeeWas GmbH (PDF) | Tamedia | November 9, 2018 | 37 | 3 | 2 | 2 | 56 |
possibly Bern | SRG SSR | 3rd November 2018 | 29 | 8th | 2 | 8th | 53 |
LeeWas GmbH (PDF) | Tamedia | October 26, 2018 | 40 | 4th | 3 | 5 | 48 |
LeeWas GmbH (PDF) | Tamedia | October 9, 2018 | 41 | 4th | 2 | 3 | 50 |
possibly Bern | SRG SSR | October 7, 2018 | 24 | 15th | 6th | 13 | 42 |
Comments: Figures in percent. The date indicates the middle point in time of the survey, not the point in time when the survey was published.
Voting result
With a turnout of 47.7 percent, the initiative failed both because of the popular majority (33.8 percent yes-votes) and because of the majority of the cantons . The initiative did not win a majority in any canton .
Canton | Yes (%) | No (%) | Participation (%) |
---|---|---|---|
Aargau | 38.0 | 62.0 | 46.4 |
Appenzell Ausserrhoden | 37.7 | 62.3 | 52.1 |
Appenzell Innerrhoden | 47.0 | 53.0 | 47.3 |
Basel-Country | 36.7 | 63.3 | 48.2 |
Basel city | 27.5 | 72.5 | 55.9 |
Bern | 34.5 | 65.5 | 48.5 |
Freiburg | 27.4 | 72.6 | 43.7 |
Geneva | 24.7 | 75.3 | 44.1 |
Glarus | 44.5 | 55.5 | 43.8 |
Grisons | 35.0 | 65.0 | 47.5 |
law | 24.5 | 75.5 | 41.5 |
Lucerne | 33.1 | 66.9 | 51.2 |
Neuchâtel | 22.6 | 77.4 | 41.6 |
Nidwalden | 39.9 | 60.1 | 53.5 |
Obwalden | 39.9 | 60.7 | 54.8 |
Schaffhausen | 43.0 | 57.0 | 66.8 |
Schwyz | 47.1 | 52.9 | 52.1 |
Solothurn | 35.0 | 65.0 | 46.9 |
St. Gallen | 39.1 | 60.9 | 48.2 |
Ticino | 46.1 | 53.9 | 45.2 |
Thurgau | 40.9 | 59.1 | 47.4 |
Uri | 42.5 | 57.5 | 45.0 |
Vaud | 23.4 | 76.6 | 44.9 |
Valais | 32.4 | 67.6 | 51.7 |
train | 34.4 | 65.6 | 53.1 |
Zurich | 32.1 | 67.9 | 51.7 |
Swiss Confederation | 33.8 | 66.2 | 47.7 |
Web links
- Federal Chancellery dossier on the initiative
- Dossier at parlament.ch
- Website of the initiative committee "YES to self-determination"
- Website of the «NO to SBI» committee
- Website of the "Alliance of Civil Society" Committee
Individual evidence
- ↑ Federal Chancellery BK (Ed.): Politischerechte . ( admin.ch [accessed on October 28, 2018]).
- ↑ Voting documents for November 25, 2018. Federal Chancellery BK, accessed on August 4, 2018 .
- ^ Niccolò Raselli: Foreign judges? The popular initiative “Swiss law instead of foreign judges (self-determination initiative)” threatens the rule of law. In: History of the Present. October 25, 2017. Retrieved November 22, 2017 .
- ↑ SVP submits signatures . In: Neue Zürcher Zeitung , August 12, 2016.
- ^ Christof Forster: «Dangerous Initiative» . In: nzz.ch , March 13, 2018.
- ↑ sda: 17.046 Swiss law instead of foreign judges (self-determination initiative). Popular initiative. In: parlament.ch. Parliamentary Services, accessed June 24, 2018 .
- ↑ Official Bulletin. Retrieved June 24, 2018 .
- ^ The Sessions in Brief (sda) - Summer Session 2018. Accessed June 24, 2018 .
- ↑ Referendum on November 25, 2018. Accessed November 29, 2018 .