"Every person is entitled to it by the state organs without arbitrariness and in good and faith to be treated "
of Dr. iur. Marianne Wüthrich, Zurich
In the last issue of "Current Concerns" (No. 36/2010) were asked the Federal Council candidates about their attitudes than the Swiss and their position as a politician. All four respondents (Johann Schneider-Ammann and Karin Keller-Sutter, FDP, Brigit Wyss, GP, and Jean-François Rime, SVP) known to the Swiss model, an independent, sovereign, directly democratic and federalist Switzerland, all featured four are behind the principle of neutrality, combined with the humanitarian commitment of Switzerland as the depositary of the Geneva Conventions and to the tradition of good offices, all four were in favor of food sovereignty and security. That the two SP candidates, the issues of "Current Concerns" could not or would not answer, leaves many questions.
can the same be expected from all authorities of the future federal councils: that they fulfill the task entrusted to them by the sovereign, in the serious and honest efforts to preserve the unique Swiss model, in constant and open interaction with the population, in know that the foundation of direct democracy in the deeply felt need and the will of the citizens is to make its active contribution to the community - for their community, for their District, for their country and for the other people around the world.
"Democracy is ultimately not a matter of form of government, but a matter of public sentiment." Thus, the Swiss historian Adolf Gasser wrote in 1947 ("community of freedom as a rescue of Europe", p. 10). Today, more than 60 years later, most of them Swiss, the Democratic People's sentiments still carry in my heart, but threatened it is from the outside: the direct-democratic, federal, neutral and small-scale organized Switzerland, the centralist and undemocratic EU bureaucracy in Brussels, a thorn in the side . For years, European politicians try, the small, to crack but weighty nuisance in the internal market of large companies. They are not afraid to harness and Swiss politicians for their purposes, some of which unfortunately go along with the bad game, either for personal lust for power, either from lack of conflict and lack of knowledge.
It is time to take so many of our politicians and government members to account and to remind them of the principles of law, they observed during the performance of their oath of office have vowed. For the free will of the citizens and the independent democratic decision based on it requires in the referendums that the people on the Compliance with the law and rely on the honesty of the authorities can.
The rule of law
"core concept of law is the reduction of state power in favor of individual freedom." 1 The basis of law is the principle of legality, which means the elimination of all state organs to the right. A corollary of the principle of legality, the principle of separation of powers. Purpose of law is "the protection of human dignity and individual freedom," accordingly, will the rule of law on individuals' protect against abuse and arbitrary action of state authorities. " The principle of legality
includes, for example, that the municipal council (the executive) may delegate his powers in the Municipal Code regulated neither an organizational development office nor a so-called "control group", but exercise its statutory duties and must account for himself.
The principle of separation of powers, so the division of state power in legislative, executive and judicial branches, must be monitored very carefully today by the citizens. Supreme power in a democracy is the legislature, in a direct democracy so the people of Switzerland, the sovereign. Under the influence of foreign governments, some whisperers tear on all three levels of government, however, bypassing the people - and sometimes the parliaments - more and more power for himself by they create outside of the legally established organization of the state institutions to new EU model, such as the Conference of Cantonal Governments, metropolitan clubs and regional conferences and, more recently Metropolitan conferences. The Swiss political landscape is flooded with such a strange understanding of our state structures which include partially and institutions outside the national borders and seemingly harmless as private clubs come along with no decision making powers. Our government and local councils and many government officials who were elected by us to fulfill their constitutional duties sitting instead in such clubs, together with professional with our tax dollars paid " Experts "and finally put - if we're lucky! - The parliaments and the electorate, the results of their years of "experts work" before the nod by. Frequently, however, is not voted on because it is supposedly not a "decision" to go, but only of a "informal discussion". None of this strange entity was constituted by the people, not the executive or politician - elected officials for such actions.
The principle of law "good faith"
"proves to be particularly consequential that the public many lies of our \u0026lt;Eliten> have destroyed more and more confidence and the classical principle of law of \u0026lt;Treu and Glauben>, the coexistence and cooperation is based on the premise that people act decently, called into question. is "(Dr. Thomas Huber Current Concerns No 36/2010).
For the rule of law all authorities by the Constitution to the protection of good faith required. In the Swiss Federal Constitution of 1999, this legal principle is stated explicitly, before he was implicitly
Federal Constitution BV Article 9:
protection against arbitrary and preservation of good faith
Each person is entitled to it by the state organs without arbitrariness and in good treated faith.
According to constitutional law doctrine protects BV Art 9, the confidence of private information and assurances in the authorities, including Article 9 prohibits inconsistent behavior of the authorities. A right of action, citizens, who have taken on false information irrevocable dispositions (see lecture notes Prof. W. Kälin, spring semester 2010). It is obvious that false representations and information from the authorities to influence before a national referendum for the purpose, the voting behavior of voters, as a clear breach of good faith must be assessed - whether the false information are now made in bad faith or not. But also distributed over a longer time constant repetition of untrue statements ("Laying a carpet Information") is contrary to Article 9 of the Federal Constitution.
Non-material damage directly democratic model for Switzerland
But the damage reached a much larger extent than the fact that the individual citizen would have cast his vote otherwise, he would have been properly informed. Substantive fears must be a whole number of referendums in recent years that the voting result would be different if the executive had properly informed. This would also apply only to a single vote, it would be bad enough. Far more serious, however, the moral prejudice caused to the direct democracy, as a such and for the moral and ethical status of the citizens. This is how Adolf Gasser as an essential characteristic of a healthy democracy, that they have a "altangestammtes and extremely vigorous self-management of their local and regional sub-associations" has, Gasser calls this the "ethical dimension of democracy" (see Current Concerns No 45/2006) . It is a peculiarity of the model of direct democracy that citizens feel responsible for their community and gain their active participation and living as well as their emotional quality of life. Therefore, it needs each of us, with all his might and with all constructive citizens and citizen groups put together for the preservation of the Swiss model einzu-
.
breach of good faith: relationship between Switzerland and the EU already
A classic example is the conflicting statements and the non-transparent behavior of the Federal Council concerning the relationship between Switzerland and the EU. On 19 August 2010 was President Doris Leuthard before the media and said after years of maneuvering by the Federal Council, this had come to the conclusion that the bilateral approach continues to be best suited for Switzerland. At the same time, the Federal stubbornly refuses to withdraw its deposited since 1992 in Brussels for EU membership, and everyone knows that all departments of the federal busy with nothing are to transpose EU law as continuous in Swiss law, on their own initiative and without external necessity. Also, the Federal Council has continued to take its various "European policy options", be it a framework agreement for the automatic adoption of EU legislation, this is the EEA or the EU accession of Switzerland. We ask the Federal Council and in particular of the two newly elected candidates that they push such a trust detrimental conduct a stop and now its constitutional obligation to protect the independence of Switzerland (Article 185 paragraph 1 BV) as well as to the repeatedly expressed people will keep clear: No to EEA and EU membership.
violated Federal neutrality
A second, equally serious breach of legitimate expectations is the flippant use of the principle of perpetual armed neutrality, Switzerland has taken over 200 years of great blessing. At the same time violates the Federal Council for many years his constitutional duty:
BV Article 185 paragraph 1: The Federal
take measures to safeguard the external security, independence and neutrality of Switzerland.
It would queue the Federal well, according to the still valid recommendation of Brother Klaus "the fence, not to put too much" and to the modest but urgent necessary role of neutral Switzerland reclaim small state as guardian of the Geneva Conventions and provider of humanitarian assistance and good offices. Instead, the Federal injured except for years against the firm will of an overwhelming majority of the people, the neutrality requirement and claims against their better knowledge of Swiss neutrality expression of the full NATO membership have room for everything, so to speak.
The list of anti-neutrality acts and false information of citizens is long: for example, the Federal Council concluded behind the back of the sovereign, the Partnership for Peace Agreement (PfP) with NATO, he has our army from the constitutional militia-Defense Forces converted into a NATO-compatible by force of servants and professional soldiers, he has the legal establishment of foreign missions nearly brought by a popular vote, as he was facing the people, it related to peace operations. Further, the Federal falsely claims himself a seat in Switzerland in the UN Security Council, a power tool par excellence were not, contrary to neutrality. Yes, not even the EU accession of Switzerland would be repeated, but no less false statement of the Federal Council in breach of the neutrality, although anyone can read in the newspaper that the EU, with its ESDP (European Security and Defence Policy) at various places in the world waging war. In this war, the Federal Alliance wanted to embed a year ago, the Swiss army even to participation in the so-called fight against pirates in the Gulf of Somalia ("Atalanta"), which was fortunately rejected by the National Council.
The Federal Council is to finally pursue a policy of neutrality, worthy of the name.
return to the ethical values of the Swiss model
for the implementation of what the Federal candidates have assured in an interview with Time-related issues, namely to work for the preservation of the sovereign, independent, just, democratic, federal and neutral Switzerland, we wish them the confidence and power.
At the conclusion was to a large Federal reminded the executive branch should take today as an example:
"The confrontation of our country with the process of European integration has forced our people to deal in turn take more of a higher order values. The result of this self-reflection is an enjoyable one. Widest circles of our people have once again clearly the value of our political institutions, federalism and direct democracy recognized. They feel instinctively how much the conservation of these institutions by the consistent continuation of our policy of neutrality is dependent. "(Federal Friedrich Traugott Wahlen, 1963, to the National Council) •
1 Walter Haller / Alfred Kölz, constitutional law, summary, Dübendorf 2002/2003 S.27f.
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