Federal popular initiative "Swiss law instead of foreign judges (self-determination initiative)"

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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

Voting results by cantons

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 .

  • Yes (0 0 ⁄ 2 stands)
  • No (20 6 ⁄ 2 stands)
    • Self-determination initiative - preliminary official final results
    Canton Yes (%) No (%) Participation (%)
    Kanton AargauKanton Aargau Aargau 38.0 62.0 46.4
    Canton of Appenzell AusserrhodenCanton of Appenzell Ausserrhoden Appenzell Ausserrhoden 37.7 62.3 52.1
    Canton of Appenzell InnerrhodenCanton of Appenzell Innerrhoden Appenzell Innerrhoden 47.0 53.0 47.3
    Canton of Basel-CountryCanton of Basel-Country Basel-Country 36.7 63.3 48.2
    Canton of Basel-StadtCanton of Basel-Stadt Basel city 27.5 72.5 55.9
    Canton BernCanton Bern Bern 34.5 65.5 48.5
    Canton of FriborgCanton of Friborg Freiburg 27.4 72.6 43.7
    Canton of GenevaCanton of Geneva Geneva 24.7 75.3 44.1
    Canton of GlarusCanton of Glarus Glarus 44.5 55.5 43.8
    canton of Grisonscanton of Grisons Grisons 35.0 65.0 47.5
    Canton of JuraCanton of Jura law 24.5 75.5 41.5
    Canton lucerneCanton lucerne Lucerne 33.1 66.9 51.2
    Canton of NeuchâtelCanton of Neuchâtel Neuchâtel 22.6 77.4 41.6
    Canton of NidwaldenCanton of Nidwalden Nidwalden 39.9 60.1 53.5
    Canton of ObwaldenCanton of Obwalden Obwalden 39.9 60.7 54.8
    Canton of SchaffhausenCanton of Schaffhausen Schaffhausen 43.0 57.0 66.8
    Canton of SchwyzCanton of Schwyz Schwyz 47.1 52.9 52.1
    Canton of SolothurnCanton of Solothurn Solothurn 35.0 65.0 46.9
    Canton of St. GallenCanton of St. Gallen St. Gallen 39.1 60.9 48.2
    Canton of TicinoCanton of Ticino Ticino 46.1 53.9 45.2
    Canton of ThurgauCanton of Thurgau Thurgau 40.9 59.1 47.4
    Canton of UriCanton of Uri Uri 42.5 57.5 45.0
    Canton of VaudCanton of Vaud Vaud 23.4 76.6 44.9
    Canton of ValaisCanton of Valais Valais 32.4 67.6 51.7
    Canton of ZugCanton of Zug train 34.4 65.6 53.1
    Canton ZurichCanton Zurich Zurich 32.1 67.9 51.7
    Federal coat of arms ÜÜÜSwiss Confederation 33.8 66.2 47.7

    Web links

    Individual evidence

    1. ↑ Federal Chancellery BK (Ed.): Politischerechte . ( admin.ch [accessed on October 28, 2018]).
    2. ↑ Voting documents for November 25, 2018. Federal Chancellery BK, accessed on August 4, 2018 .
    3. ^ 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 .
    4. ↑ SVP submits signatures . In: Neue Zürcher Zeitung , August 12, 2016.
    5. ^ Christof Forster: «Dangerous Initiative» . In: nzz.ch , March 13, 2018.
    6. ↑ sda: 17.046 Swiss law instead of foreign judges (self-determination initiative). Popular initiative. In: parlament.ch. Parliamentary Services, accessed June 24, 2018 .
    7. ↑ Official Bulletin. Retrieved June 24, 2018 .
    8. ^ The Sessions in Brief (sda) - Summer Session 2018. Accessed June 24, 2018 .
    9. ↑ Referendum on November 25, 2018. Accessed November 29, 2018 .