National Council sees Swiss democracy disregarded in climate ruling
Published: Wednesday, Jun 12th 2024, 11:50
Volver a Live Feed
Following the Council of States, the National Council has also criticized the climate ruling of the European Court of Human Rights in a statement. According to the main arguments, the Court's ruling exceeded the limits of permissible legal development and disregarded Switzerland's democratic decision-making processes. The Federal Council must now take the declaration to the Council of Europe.
The declaration - similar to that of the Council of States - is entitled "Effective protection of fundamental rights by international courts instead of judicial activism". The Grand Chamber adopted it on Wednesday by 111 votes to 72 with 10 abstentions.
At the beginning of April, following a complaint by the Climate Seniors Association, the Court found that Switzerland had violated the Convention on Human Rights. It had failed to fulfill its duties with regard to climate protection. The state must do more to protect individuals from the consequences of climate change for life and health.
By adopting the declaration, the Grand Chamber followed the majority of its Legal Affairs Committee (RK-N). "An ultra-confusing judgment, as even international law experts find," said committee spokesman Philipp Matthias Bregy (center/VS). The National Council's declaration was not about a ruling on an international court or its non-recognition.
The declaration explicitly states that no "further" follow-up is to be given to the judgment. This implies that Switzerland has "already complied": A framework had already been created with the CO2 Act as well as the Electricity Act approved by the electorate last weekend. Switzerland has "long since fulfilled" its obligations under the ruling. The court had not taken this into account in its ruling.
Civilians see separation of powers as violated
Simone Gianini (FDP/TI) said that this was one of the reasons why the ruling was "judicial activism". The court violated the separation of powers. With the right to protection from climate change, the ECtHR had created a new human right.
The SVP parliamentary group - as well as the majority of the Center and FDP parliamentary groups - united behind the RK-N. "The politically motivated ruling violates the second pillar of the separation of powers, the legislature," said Barbara Steinemann (SVP/ZH).
A "right of appeal" is also being introduced, which is an arrogance for Swiss democracy. The ECHR had elevated itself to the status of a constitutional court and was thus undermining its own credibility, said Jean-Luc Addor (SVP/VS).
FDP National Councillor Hans-Peter Portmann (ZH) also pointed out in response to a question that the court's ruling may have set a precedent for collective or popular actions in Switzerland.
Opponents fear weakening of human rights
The National Council made its decision against the will of a left-green minority of the National Council, which also considered the separation of powers to be violated, but for diametrically different reasons. The ruling of the ECtHR should be respected - precisely in order to respect the separation of powers, said Beat Flach (GLP/AG) for the minority of the committee. There was no constitutional jurisdiction in Switzerland, so appealing to the ECtHR was the only way to complain in this regard.
The European Convention on Human Rights (ECHR), which forms the basis for the case law of the ECtHR, is important for the Swiss constitutional state and has developed it further, said Min Li Marti (SP/ZH). "Democracy and human rights are not contradictory, but complementary. The only ones engaging in activism here are us, not the ECHR," said Marti. "This debate is damaging our institution," said Aline Trede (Greens/BE). The ECHR's decision was democratically legitimized.
Flach also feared that the declaration could have a "negative impact on Switzerland's international reputation and on the ECHR itself". Other states could also ignore the Court's rulings in future, which would weaken human rights.
Climate seniors criticize declaration
The association Klimaseniorinnen criticized the adoption of the declaration on Wednesday as an "attack on the heart of the European human rights system by the Federal Assembly". The latter "calls into question the competence of courts to apply human rights to the major issues of the day".
The Federal Council now has a responsibility to limit the damage and underline the binding nature of ECtHR rulings.
The Federal Council intends to comment on the ECtHR ruling against Switzerland in August, as Justice Minister Beat Jans announced last Monday. He was not prepared to make an initial assessment. The Federal Council must fulfill its duty to report to the ECtHR within six months.
©Keystone/SDA
Spanish 
English 
German 
French 
Arabic