The state exists for almost 171 years, although the number of complaints against Federal referendums before the Federal court only since 2007. Previously, the Federal Council had the last word, if anyone wants to made in the case of elections, or votes is a violation of the free education. A political authority was thus for the right protection. That explains why on Wednesday in Switzerland for the first Time ever, a national referendum was cancelled.
After the Complaint was introduced, it took a while until it was used. The first substantial decision is said to have fallen in 2011, says state law Professor Markus Schefer University of Basel. “With its judgment, to vote on the corporate tax reform II, the Federal court showed that it takes his new job seriously.”
The court rejected the complaint of the SP, recognised that the Federal Council was influenced by the publication of false Numbers the result of the vote. On a cancellation, it is renounced only because it identified the negative consequences for Switzerland as a to severe. The Reform was, at the time of the complaint, for several years, the company had long since adapted to. A cancellation would have led in accordance with the Federal court in this Situation of great legal uncertainty.
And the social detectives?
Meanwhile, prosecutors would have recognized but, what are the possibilities of the new complaint, offer legal, says state law Schefer. In 2018, there was a Boom. In the case of five out of ten national polls, complaints were filed in the Federal court.
In the case of the Hornkuh Initiative and the self-determination initiative the complaints due to formal reasons would not allow it. The money game law, it rejected the complaint. And in the case of the full-money initiative, it is recognized that although an improper interference of the national Bank and the financial Director conference in the referendum campaign, in the face of a 75 percent ” no ” votes, it did not affect the outcome but decisive, the Federal court.
Still pending his or her decision is to vote over the social detectives. Here, too, booklets have been published, among other things, in Voting the wrong Numbers – as in the vote for the marriage penalty , which has cancelled the Federal court yesterday. However, the no was to the social detectives with 65 percent.
How to cantonal and municipal level,
In the case of cantonal and municipal people, the Federal court can decide since 1911 on complaints decide. And it has this cancelled repeatedly. The most spectacular case was in the ‘ 80s, the exchange of the Laufentals from the Canton of Berne in the Canton of Basel-land. Several years after the citizens had voted in favour of remaining in the Canton of Bern, it became known that this had supported his supporters with money from the black funds. The repetition of the vote was in 1989, a ‘ Yes ‘ to the change of Canton.
Its well-established legal practice for the cantonal and municipal level, in turn, the Federal court will now also be national, says state law Schefer. He speaks of a two-stage model: First, the Federal court examined whether a choice has been unduly influenced. And then, whether the result has been decisively changed.
(editing Tamedia)
Created: 11.04.2019, 09:20 PM
