Should a double majority be introduced for Swiss-EU agreements?
Dominik Elser and Paul Richli cross swords
The debate is both legal and political: does approval of the new Swiss-EU agreement package require a simple popular majority, or a double majority of the people and the cantons? Two legal experts compare their arguments.
Dominik ElserMember of the committee of «Notre Droit» and the Swiss European Movement, Doctor of Law
No. The legal answer to this question is clear. The Constitution lays down the rules of our democracy and, in Art. 140, specifies the cases in which a double majority of the people and the cantons is required. Treaties of this type are not among them. The criteria are formal and exhaustive. In 2012, a popular initiative aimed at extending the mandatory referendum to international treaties failed to win any votes from the cantons. And in 2021, Parliament also refused to extend the list to cover international treaties.
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