National Council committee also criticizes climate ruling
Published: Wednesday, May 29th 2024, 17:30
Updated At: Wednesday, May 29th 2024, 18:10
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The Legal Affairs Committee of the National Council has requested a declaration by the National Council during the summer session due to the ECtHR's climate ruling against Switzerland. The text corresponds to the wording of the declaration by its sister committee in the Council of States, the committee announced on Wednesday. The Council of States committee recently criticized the ruling as it unlawfully overstretches the law.
The National Council's Legal Affairs Committee is of the opinion that the Councils should send out a strong political signal by issuing identical declarations, as stated in the press release. The committee members decided in favor of a corresponding motion by 15 votes to 10.
A minority of the committee asked the National Council to reject the declaration. The minority felt that it was not appropriate for Parliament to comment on a binding decision by a court, even if the European Court of Human Rights (ECHR) is an international court, the RK-N went on to say.
The National Council is expected to decide on Thursday whether and when the matter will be added to the program for the current summer session.
Ruling meets with incomprehension
At the beginning of April, the ECtHR found a violation of the Convention on Human Rights in its ruling on the climate senior citizens case. According to the court, Switzerland had failed to fulfill its duties with regard to climate protection. The state must protect individuals from the consequences of climate change for life, health and quality of life. The ECtHR explicitly did not mention any measures to remedy the violation of the Human Rights Convention.
Swiss politicians reacted very differently to the decision. The red-green party and environmental associations welcomed the ruling. The conservative side said that it was dangerous for courts to play politics. The Legal Affairs Committee of the Council of States (RK-S) then criticized the ECtHR ruling and asked the small chamber to adopt the declaration of its Legal Affairs Committee. The Council of States should express its concern about the ECHR's actions.
"We recognize the value of the European Court of Human Rights, but we want to express our lack of understanding with this declaration," said RK-S President Daniel Jositsch (SP/ZH). Switzerland sees no reason to continue to comply with the ruling, according to the text, which the RK-N has now also adopted.
"Overstretched" legal development
The ruling in the case of Verein Klimaseniorinnen Schweiz exceeds the limits of dynamic interpretation, the statement continued. The ECtHR had "overstretched" the limits of permissible legal development.
With its approach, the ECtHR is exposing itself to the accusation of "inadmissible and inappropriate judicial activism", the text continues. The Court accepts that not only the Council of Europe states, but also the domestic actors of the member states question its legitimacy. This could weaken the effective protection of human rights.
In the declarations, the majority of the RK-S and RK-N called on the ECtHR to "once again attach greater importance to state sovereignty and the principle of consensus under international law". The judges in Strasbourg must respect the democratic processes of the contracting states.
According to the declaration, the Federal Council should also inform the Council of Europe that Switzerland is already doing a great deal to achieve the climate targets. It has complied with its international obligations to date. The Federal Council should therefore inform the relevant bodies of the Council of Europe that Switzerland sees no reason to comply with the ruling.
The climate seniors sharply criticized the RK-S in front of the media on Wednesday. The ruling of the ECtHR is binding for Switzerland and must not be ignored. If necessary, the Council of Europe will be informed. The climate seniors demand that Parliament "fulfill its responsibility".
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