Economic freedom
The economic freedom is in Switzerland a fundamental right , that is a right of defense of the individual against the state , which protects against the restriction of any private sector activity. The encroachment on the area of protection of economic freedom can be justified, provided that such encroachment is based on an overriding public interest, is based on an appropriate legal basis and, in addition, has the lowest possible, necessary extent. This right to freedom is guaranteed by Art. 27 of the Swiss Federal Constitution and in all 26 cantonal constitutions.
The comprehensive protection of economic freedom, which was previously guaranteed in Art. 31, today in Art. 27 of the Constitution, goes beyond what is understood in Germany and other countries as freedom of occupation and it is precisely in this that the fundamental regulatory decision of the can be seen Switzerland for a free economic order, which is also expressed in other provisions (Art. 94, 26, 96 Para. 1) of the Federal Constitution.
literature
- Hans Marti: The economic freedom of the Swiss federal constitution. Helbing & Lichtenhahn, Basel 1976, ISBN 3-7190-0669-7 .
- Johannes Reich: Principle of economic freedom. Evolution and dogmatics of Art. 94 Para. 1 and 4 of the Federal Constitution of the Swiss Confederation of April 18, 1999. Dike, Zurich / St. Gallen 2011, ISBN 978-3-03751-359-0 .
