The Swiss National Council’s Foreign Affairs Committee’s Stand on the Mandatory Referendum on the EU Treaty
Eric Nussbaumer, a europhile Swiss SP National Councillor from Basel-Landschaft and President of the European Movement Switzerland, is eager to establish Switzerland’s institutional connection to the European Union. He proposes subjecting the negotiated treaty package to only a facultative referendum with a majority of the people and not to a mandatory referendum with both people and cantons.
“Political Elites” and “Constitutional Enemies”
Following a vote of 15 to 10 in the National Council’s Foreign Affairs Committee (APK-N), the committee decided to send a letter to the Federal Council stating their opposition to a mandatory referendum. This decision was supported by left-wing parties, the Free Democratic Party, and most centrist representatives, while members of the Swiss People’s Party voted against it.
The defeated Swiss People’s Party quickly criticized the decision, claiming that the other parties explicitly did not want a popular vote on the EU treaty, which sparked tensions. Both sides are adamant in their stance, with the Swiss People’s Party condemning the “political elites” and proponents of the treaty criticizing “populists” and “constitutional enemies.”
The Role of the Federal Council and the Federal Justice Department
The Federal Council has not yet made a definitive decision on the referendum issue, but it is expected to do so in the coming weeks. The Federal Justice Department’s surprising conclusion last year that there was no legal basis to subject the EU treaty package to a mandatory referendum was met with skepticism and was not binding on the Federal Council.
However, Eric Nussbaumer and the APK-N are explicitly referencing the Federal Justice Department’s opinion to guide the Federal Council’s decision-making process. They argue that their commission has extensively studied the issue and believes it is crucial to inform the Federal Council of their findings.
The Role of State Politicians
While the Foreign Affairs Committee is involved in the EU treaty referendum issue, the primary responsibility lies with the State Political Committees (SPK). The stance of the SPK, especially the Council of States’ SPK, which values federalism and the rights of small cantons, is crucial in determining how the EU treaty will be presented to voters.
The APK-N’s proactive approach does not change the fact that state politicians consider themselves responsible for addressing the EU treaty and referendum issues. The political landscape within the SPK differs from the APK-N, with many centrist senators supporting a mandatory referendum with a double majority.
No Vote on the Referendum sui generis
The crucial question is whether Parliament can voluntarily subject the EU treaty package to a mandatory referendum. This decision is not a legal one but a political one dependent on parliamentary majorities. The APK-N’s position on whether Parliament can subject the EU treaty to a “Referendum sui generis” remains uncertain and requires further debate.
Conclusion
The debate over the mandatory referendum on the EU treaty in Switzerland is complex and involves various political factions with differing opinions. As the Federal Council weighs its decision and state politicians assert their authority on the issue, the future of Switzerland’s relationship with the EU hangs in the balance.
FAQs
What is the APK-N’s position on the mandatory referendum on the EU treaty?
The APK-N supports subjecting the EU treaty package to a facultative referendum with a majority of the people but not to a mandatory referendum with both people and cantons.
What role does the Federal Justice Department play in the referendum issue?
The Federal Justice Department’s opinion on the legal basis for subjecting the EU treaty package to a mandatory referendum has influenced the ongoing debate among Swiss politicians.