Voting complaints have no chance before the Federal Supreme Court
Published: Thursday, Dec 12th 2024, 18:50
Volver a Live Feed
The Federal Supreme Court has unanimously rejected the appeals of the Greens and SP Women against the 2022 AHV vote. The vote will therefore not be annulled. According to the court, the legal consequences would not be manageable. The red-green camp was very disappointed, while the center-right welcomed the decision.
In the history of Switzerland, there has never been a repeat of a referendum. And for the time being, it will stay that way: the panel of judges, consisting of three men and two women, agreed that the consequences of repealing the vote would hardly be manageable, as both the part on increasing VAT and the part on the retirement age would have to be repealed.
The increase in VAT has been in force since the beginning of this year. A reversal is not possible. Furthermore, there would otherwise be no legal basis for the 0.4 percent higher VAT rate, it was said.
In addition, numerous arrangements have already been made with regard to the AHV Act, even though the amended law will not come into force until next year. The revision affects employers and employees. The 13th AHV pension was also adopted against the backdrop of the current controversial vote.
Complaints after forecast error
The Federal Supreme Court left open the question of whether the figures on the financial forecasts published by the Federal Council in the voting booklet were a blatant error. Opinions differed among the judges.
The Greens and the SP Women as well as a lawyer from Vaud lodged an appeal this summer after the error in the voting booklet on the financial forecasts became known. The Federal Council had written that the AHV's funding requirements from 2022 to 2032 would amount to around CHF 18.5 billion.
This figure was subsequently corrected downwards. An administrative investigation also showed that the Federal Social Insurance Office could not be blamed, it said.
"Women cheated out of a year's pension"
The claim that the AHV was on the brink of financial ruin and that there was no alternative to raising the retirement age for women was false during the referendum campaign and still is today, said SP Co-President Mattea Meyer after the decision in Lausanne.
Green Party President Lisa Mazzone also expressed her "anger and bitterness" at the rejection of the complaints. An error had been identified, but it had simply been trivialized.
The Swiss Federation of Trade Unions (SGB) was also disappointed. "Women are being cheated out of a year's pension," the SGB announced. This was despite the fact that the majority of women were clearly against the reform. The trade union Unia spoke of a "despondent" decision by the Federal Supreme Court. It is a serious blow for women in Switzerland.
The trade union umbrella organization Travailsuisse and the Syna trade union also criticized the decision. It is questionable whether the population would have agreed to the increase if the financial situation of the AHV had been presented correctly.
Civic camp sees "sensible" decision
There was a completely different tone from the ranks of the center, center-right and right: SVP National Councillor Barbara Steinemann described the Federal Court's decision as "very reasonable". It would be questionable in terms of the rule of law if the vote had been repeated on the basis of predictions, said the Zurich-based MP on request. The vote on the 13th AHV should also have been repeated.
The center respects the independent decision of the Federal Supreme Court. It strengthens trust in democracy and institutions, the party announced on the online portal X.
FDP Vice-President Andri Silberschmidt took note of the Federal Supreme Court's decision. The result of the vote was not only based on the numbers, but also on the need for equality.
The Swiss Employers' Association (SAV) and the Swiss Trade Association also welcomed the decision. An annulment would have raised numerous questions about how to proceed, they said in a press release. Furthermore, it is fair in terms of equal rights for women and men to have the same official reference age.
The Federal Council has taken note of the ruling. It is awaiting the detailed written reasons for the ruling and will draw the necessary conclusions, it said in a statement. The correctness of the data in the legislative process is central to opinion-forming and decision-making.
©Keystone/SDA
Spanish 
English 
German 
French 
Arabic