Swissrespect is concerned about the rule of law

Founded during the U.S. crackdown on Swiss banks, the association has been defending legal certainty for the past fifteen years. Its co-founder, Jean-Daniel Balet, is now warning of what he sees as threats to the Swiss model.

Switzerland owes its prosperity to legal certainty. This is the conviction that the Swissrespect association has championed for nearly fifteen years. «When the law is clear, stable, and predictable, society runs as smoothly as well-oiled gears,» summarizes its co-founder, Jean-Daniel Balet. A banker by training, he now sees this legal certainty under threat from all sides: overregulation, short-term political thinking, polarized debates, incivility, and even a loss of cultural transmission.

This organization was founded in Geneva in 2012, when the Federal Council authorized the transfer to the United States of data on Swiss bank employees who were being prosecuted by U.S. authorities. Jean-Daniel Balet recalls a time when «the entire financial community was paralyzed and no one dared to speak out.» Together with a few close associates from the financial sector, he decided to take action. «We said, »Enough is enough.’” They then founded Swissrespect to denounce the Federal Council’s concessions and support Swiss citizens targeted by U.S. authorities.

The Three Pillars of Legal Security

The movement then became involved in various public debates: defending flat-rate taxation, calling for a return to the «magic formula» of the Seven Sages, opposing certain forms of retroactive taxation, and criticizing the outsourcing of sensitive data to foreign companies. Behind these seemingly disparate struggles, Jean-Daniel Balet sees a common thread: “The common thread is legal certainty.”

For him, this concept is not merely a matter of law in the technical sense, but rather the cornerstone of the Swiss model. «The magic of Switzerland is that we respect the law,» he asserts. He emphasizes three aspects: respecting others, earning respect, and adhering to one’s own rules. In his view, this stability explains why the Swiss Confederation attracts multinational corporations, global organizations, and capital. «Switzerland ranks seventh in the world in terms of the number of patents filed each year. People know that here, contracts will be honored.»

Jean-Daniel Balet also draws a connection between legal certainty and direct democracy. He advocates not so much for specific political positions as for the people’s right to debate and decide on sensitive issues. Regarding the SVP’s initiative against a Switzerland with 10 million inhabitants by 2050—on which citizens will vote on June 14—the observer believes that «the government should address this issue instead of scaring the public.» Similarly, Bern showed weakness by failing to implement the will expressed by the people in 2014, when they voted in favor of that same party’s initiative «against mass immigration.».

Overregulation and Retroactivity

Jean-Daniel Balet sees other reasons to be concerned about the rule of law. He notes a proliferation of laws, ordinances, and other regulations. «Every profession now has to spend time complying with the law instead of producing,» laments the Valais native. Doctors, farmers, and bankers are devoting an increasing portion of their resources to meeting administrative requirements, as documented in particular by the Swiss Employers’ Union.

Similarly, the former director of an independent wealth management firm is highly critical of the retroactive clause included in an increasing number of policy proposals. Last year, he vigorously opposed the Young Socialists’ initiative to introduce a federal tax of 50% on inheritances and gifts exceeding 50 million francs, which included such a provision.

According to Jean-Daniel Balet, the current problems are rooted in a deeper crisis in education. «The fundamentals are no longer being taught,» laments the Saviés native. He describes a society fascinated by technological progress but one that has lost its sense of long-term responsibility.

Swissrespect also plans to focus more on issues related to civic education and political literacy. In particular, the association is exploring tools to evaluate the campaign promises or track records of elected officials.

Graduate in philosophy and journalist by profession, Jonas Follonier is the founder and editor-in-chief of the Regard Libre.

You have just read an article from our special feature «Law in All Its Forms,» published in our print edition (Le Regard Libre N°127). Debates, analyses, cultural news: subscribe to support us and access all our content.