That seems to be quite a stark claim.
Are you implying that Federal Acts can lawfully be made in violation of Title 2 > Chapter 1 Fundamental Rights?
Could you please expound on that a bit more?
Renegotiating the FMOP with the EU is an impossible dream.
Either you have FMOP or not; it is binary!
For me this is a perversion of the referendum process.
The referendum process is to allow the people to propose changes.
The SVP have two Bundesrat and many in Nationalrat and in Standerat.
If they want to make changes they should do it via this political process.
If they cannot achieve success via the political process they should not attempt to make changes via the back door using the referendum process. This makes a mockery of democracy.
Consequently I always vote against such referenda.
This IS the political process in this country. And oi! We (the people) are not the back door.
How long have you lived here, mate?!
However, the ballot arrived today.
Through a series of agreements, the most important of which is the European Economic Area (EEA) agreement, Norway is part of a free trade area with the EU, shares equal access to the EU internal market, and allows free movement with all 30 EEA states. It is part of the Schengen border-free area and related immigration and police cooperation.
The free movement of persons is one of the core rights guaranteed in the European Economic Area (EEA), the extended Internal Market which unites all the EU Member States and three EEA EFTA States – Iceland, Liechtenstein and Norway.
It is perhaps the most important right for individuals, as it gives citizens of the 31 EEA countries the opportunity to live, work, establish business and study in any of these countries.
Going back to be a baby where you dont have to make any decisions for yourself. Thats Swiss politics. Say YES to the referendum!
Sorry, but what kind of quatsch is this!?
How are the SVP not 'the people'?
Is it a 'perversion' when any political party uses the referendum, or just when the SVP, who you obviously have a ranking hatred towards, do so?
Are all referendum's which are initiated from political parties a 'mockery of democracy', or just when they are initiated from the SVP?
Let me spell it out ... by asking a rhetorical question ... is it true or not that Norway, Lichtenstein and Switzerland all have differing/custom FMOP agreements?
may be true in regards to being part of the EU's 'Single Market', but that does not at all mean that the FMOP agreement is in and of itself non-negotiable.
And I am positive that you know this very well.
Chomp, I'm still waiting for a reply on this.
Nothing to worry about folks. Its unlikely to pass, considering the scale of the opposition to it.
And even if it squeaks through, the government are sensible enough to do what they did with the MES referendum - apply it so diluted it wont matter anyway.
I look forward to the next silly tantrum the SVP throw. Their hissy-fits always make me chuckle.
If it does not say goodbye to your future in Switzerland!
I have not seen any hard evidence for either of these two claims - and this while the anti-SBI groups refer to the SBI as being 'vague' and 'unclear'.
I have not signed a YES to the SBI yet, even though I have received the ballot in the mail a few days ago. I am holding out for any concrete evidence that either of those claims are true.
See, Switzerland has no president which signs off or veto's acts. That's the job of the people. Any new or changed act will not come in force till a cool of period of 100 days has passed. During this period the people can gather 50k signatures which will force a popular vote on the new or changed act. If the popular vote passes or less than 50k sign the referendum the act becomes the Swiss law. Even when it contradicts the constitution.
Now you may ask next: Why does that not lead to some kind of constitutional crisis or overturning from the constitutional court?
Answer is simple. First, there is no constitutional court! Second, the people which has the power to approve or deny any new or changed act is also the body which has the power to change the constitution in any way they wish. Instead of changing the constitution the people can approve a contradicting law directly.
... Any new or changed act will not come in force till a cool of period of 100 days has passed. During this period the people can gather 50k signatures which will force a popular vote on the new or changed act. If the popular vote passes or less than 50k sign the referendum the act becomes the Swiss law. Even when it contradicts the constitution.
The claim I was requesting clarification to was that Article 190 (The Federal Supreme Court and the other judicial authorities apply the federal acts and international law.) leads to the reality whereby In the Swiss legal system international law is the only source of human rights law that can protect the citizenry from a federal law that violates human rights.
It's still unclear to me how Article 190 supports this claim.
How is it then that the Federal Court judged the SVP "headscarf ban" initiative in the Valais to be 'invalid' due to it going 'against the freedom of religion and conscience' which 'is protected by the constitution'?
I have definitely read somewhere that the popular initiative is not without checks, and that initiatives can be dismissed on a couple grounds.
And say goodbye to any self determination-big daddy EU will take all that from you!
See Art. 139 https://www.admin.ch/opc/de/classifi...ndex.html#a139 of the Constitution what they are. But once a initiative on the federal level they passed a certain stage it can no longer be declared inadmissible.
New federal acts are created by referendum, recently a successful one was the new Energy Act voted on 21 May 2017 whereas the Federal Act on the 2020 Pension Reforms failed 24 September.
In summary you draft a referendum (The federal popular initiative (German: Eidgenössische Volksinitiative, French: Initiative populaire fédérale, Italian: Iniziativa popolare federale), collect enough signatures then have to pass a couple of hurdles. First hurdle is it is not blocked by Parliament and secondly it gets enough votes.
You could always read Pierre Cormon, Swiss Politics for Complete Beginners.
Last edited by marton; 02.11.2018 at 19:10.