5G-moratoria in violation of Federal law

The resistance against the new mobile radio standard 5G is growing almost on a daily basis. The cantons of Geneva, Jura and Vaud have imposed a Moratorium on 5G antennas, or consider such. In Bern, St. Gallen and Schwyz appropriate initiatives are proposed. Several smaller communities were 5G antennas for the military.

Last week, Swisscom chief Urs Schaeppi for the first time commented on the resistance to 5G, and divided. In his opinion, is in breach of such moratoria against Federal law. For the Swisscom it's a lot of money. Until the beginning of the year, the mobile operator has bought the 5G frequencies for nearly 196 million Swiss francs.

so Far, very cautious, has expressed the Federal government to the Initiatives at the local level. "It is the task of the cantons to assess such initiatives on the basis of the applicable Law," means it is about the information Website on the topic of "5G-networks – opportunities and needs while building in Switzerland".

communities can only be addressed by single antenna ban

On Schaeppis statements expressed by the Federal office for communications (Ofcom), but clearly critical to the local freeze. According to the environmental protection act and the regulation on protection against non-ionizing radiation of the Federal "comprehensive legislative competence". "It remains, therefore, no room for cantonal or municipal provisions for the protection of people from radiation of mobile radio systems; the adoption of such provisions would be competence contrary," writes a spokeswoman.

Andreas Stöckli, a Professor of law at the University of Freiburg, explains: "the cantons and the municipalities are able to prevent the construction of individual antennas by means of its own construction and planning, legal regulations only to a limited extent, for example from the point of view of the townscape protection."

Want to be called: cantons and communities can fight back against the individual antennas, for example, if these are to be built on top of a Church tower roof and the visual blight. But it's not about the politicians who have commented in the last few weeks, from St. Gallen to Geneva loudly. Rather, they are calling for a General cessation of building for antennas on the whole of the Canton area and exceed your skills.

The information provided by the Federal government and Stöckli are supported by Decisions of the Federal court. Zermatt and Bichelsee-Balterswil TG have tried to in front of the highest court, to prevent Swisscom-antennas in certain building zones, which was rejected by the judges in Lausanne, Switzerland.

5G opponents want to fight more

The legal situation is clear. Nevertheless, Urs Schaeppi has announced that Swisscom will waive lawsuits. However, the moratoria could be not only the providers, but also consumers under pressure. "The crucial factor for the appeal permission the question of whether the particular Person is affected by the in the law foreseen 5G Moratorium or in the future, once affected by it can be," said planning law expert Stöckli.

In the Anti-5G-camp, one of the concerns don't stop. "We support the moratoria. It is important that municipalities and cantons to put a sign against 5G and, thus, a discussion of toast," says Jerome Meier, from the Association "protection against radiation".

Bertrand book, CVP-parliamentarians in Geneva and Initiator of the 5G-moratorium, admits that the Moratorium, a claim would probably not hold up. Nevertheless, he says: "The 5G Development is proceeding too quickly. It is important that we discuss this in Geneva. And I hope that the discussion will soon be conducted also in the national Parliament."

In the Canton of Vaud is the Green Raphaël Mahaim behind the 5G Moratorium. He is more combative: "if a court should declare the 5G Moratorium as inadmissible, are more complaints against individual antennas due to the construction."

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(Sunday newspaper)

Created: 04.05.2019, 23:40 PM