The great Silence of the cantons

No press conference, not even a media release, nothing: Only seven weeks until the vote on the gun law, but of the cantonal police Directors is nothing to hear. So far no official opinion of the cantons there is also a second template, on the 19. May will be voted on: As the Federal Council in mid-February his campaign to the tax-AHV-Deal opened, he had to do this alone. Two and a half years earlier, in the case of the corporate tax reform III, it was different: at that Time, the responsible Federal councillor Ueli Maurer was seconded by two cantonal Finance Directors.

to blame for the Silence of the cantons of the Federal court . In two landmark Judgments from the October and December 2018, it drew the attention of the cantons in the barriers. Some bodies have missed it in the Federal vote to fight a muzzle: the 15 inter-cantonal conferences, where for a specific Dossier to the competent cantonal councillors belong to. Voting recommendations of the police, the financial or the energy Directors are an "illegal Intervention" in the opinion of the citizens, the court – and had The was "instead of custody".

In the case of the cantonal governments, the judgments caused uncertainty and resentment. The direct consequence is that the conferences of the cantonal police as well as the financial Directors of the templates from the 19th century. May previously have expressed.

However, the cantons do not want the word prohibit. And in fact, the Federal court leaves open two back doors. The first: must report If the majority of the cantons is affected by a Federal template, the conference of cantonal governments (KDK). In the KDK, the representatives of the 26 cantons to vote in the name of their respective governments. The Federal court holds therefore for better legitimacy than the conferences of Specialist Directors, the "non-transparent".

The cantons react

This distinction was "questionable", because even the members of the conferences of Specialist Directors be democratically legitimized, criticized the St. Gallen government councillor Benedikt Würth (CVP), the President of the KDK. But now, with the cantons holding would have to live "with the new case-law".

And so the cantons have worked out in the last few weeks a new strategy: only the KDK vote to adopt recommendations to Federal templates. Next Friday the KDK plenary Assembly applications, for both templates of 19. May to announce a Yes-Parole. This requires, however, a qualified majority of at least 18 of the 26 stands.

A second back door is open to the Federal court, each of the cantonal governments: These may continue to submit recommendations to Federal templates, if you are "naming". In this point, the Federal court has relaxed its previous case-law, even – what KDK-President of the Würth Benedict very welcomed. So far, the Canton had to be affected by a Federal template more than other cantons, to a separate vote slogan to justify.

The Trick of the French-speaking

This provision in individual cantons is the use of a "Buebetrickli". The welschen financial Directors have of their governments mandate, despite the muzzle of the Federal court for the tax-AHV-template advertise. They are currently organising a press tour through the whole of Western Switzerland. The Federal court judgement was, for him, incomprehensible, says the Jurassic councillor Charles Juillard (CVP), the President of the financial Director conference and says: "The judgment forces us to detours now, to get the same result." Namely: a clear recommendation for a Vote of the cantons.

Also, the Federal Parliament will deal with the new case law of the Federal court. Councillor Raphaël Comte (FDP, NE) has filed last week a parliamentary Initiative. In it, he demanded that the Parliament makes a change in the law to the new Federal court to overturn the judgments.

How often the cantons in Swiss vote to fight to sign the word, has demonstrated the Bernese political scientist Rachel Freiburg house in April 2018, in her master's thesis: From 2000 to 2018, has quadrupled the number of cantonal intervention in Federal referenda.

(editing Tamedia)

Created: 26.03.2019, 22:50 PM