The Swiss will vote in a referendum on Sunday (November 25) on whether to amend the constitution to give domestic law priority over international treaties.
The Swiss People’s Party (SVP) — the biggest in parliament and with two seats in the seven-member cabinet — has pushed the idea. It sees a need to anchor the supremacy of domestic law so that regular citizens can wrest control from political elites.
The Swiss government has urged voters to reject the “Swiss Law, Not Foreign Judges” drive in the vote, saying it would force it to cancel treaties, weaken human rights protections and hurt the economy.
National Councillor from the SVP, Yves Nidegger, said if the initiative pass, it could avoid a situation like in 2014 when Swiss people chose to control their own immigration but the government went against their will.
“The government pretended to discuss with European Union regarding the consequences of this Constitutional change, by saying, ‘yes, the Constitution says that but this treaty is important for us and we will not apply the Constitution'”, he said.
Should the measure fail under the Swiss system of direct democracy, it could revive stalled negotiations between Switzerland and the European Union on a new umbrella treaty by the end of the year.
“We, in Switzerland, have jurists who are breathing the European’s air – since 1958, since Rome treaty – and who start thinking that treaty must be put above the internal law, including constitutional laws. This is a mistake”, Nidegger said.
But the message does not seem to resonate with voters as a Tamedia survey showed 58 percent of respondents opposed the plan, five points more than in the previous survey, while a poll for broadcaster SRF put opposition at 61 percent.
On October 11, a dozen of members of Swiss Business associations gathered in front of the Swiss Parliament in Bern to protest against the initiative.
“When Switzerland says yes to an agreement and ratifies it, we stick to our word, as a country, and as we do it as business people”, Jan Atteslander, the head of international relations and executive board member of Swiss Business Federation “Economie Suisse” said.
They installed 18 containers on the square to symbolize what Switzerland will lose if the initiative is adopted.
“The initiative that the Swiss People’s Party is doing at the moment is a real big threat to our exports, and that means to the wealth of our country”, Josef Maushart, the chief executive officer of Fraisa Holding AG said.
