Direct Democracy: The Swiss experience Dr. iur. Magdalena Forowicz

1.Background 2.Overview of the Swiss direct democracy system 3.The importance of information dissemination and debate 4.The importance of mandatory referendums 5.Conclusion Outline

1. Background

Assembly voting: in 2 Cantons – AI and GL 2. Overview of the Swiss DD System

Initiatives and referendums 2. Overview of the Swiss DD System

Representation in the National Council

Representation in the Council of States

At the federal level: Mandatory referendum (since 1848): 218 (accepted 163; rejected 55)  constitutional amendments, important treaties, membership in collective security and supranational communities, emergency federal acts not based on the Constitution > 1 yr validity Optional referendum (since 1874): 177 (accepted 99; rejected 78)  50’000 signatures within 100 days  Federal laws and decrees, important treaties, emergency federal acts > 1yr validity Popular initiative (since 1981): 200 (accepted 22; rejected 178)  100’000 signatures within 18 months  Constitutional amendments  Counterproposals 2. Overview of the Swiss DD System

Majority system Proportional representation Concordance system Magic formula Cantonal autonomy, protected by the Constitution; 26 cantons as central bodies of the Swiss political sytem 2300 municipalities: elections and votes take place at the municipal level Municipalities are subject to cantonal law, but they have autonomy on local matters Municipal autonomy is protected by the Federal Tribunal against the cantonal government 2. Overview of the Swiss DD System

Campaigning phase: no party financing by the State no financial transparency of political actors role of the State kept to a minimum during the campaigning no political advertisement on TV and radio Information provided to citizens: The guarantee of political rights protects the freedom of the citizen to form an opinion and to give genuine expression to his or her will. 3. Information dissemination and debate

Information provided to citizens: Private actors: hardly any limitations Prohibition for the State to intervene Duty for the State to inform and correct wrong and/or misleading information State allowed to take position State legal interventions must be objective, proportional and transparent State propaganda and hidden financial support of one party are forebidden 3. Information dissemination and debate

Information brochure: Provided to every voter together with ballot papers three weeks before the vote Both sides have the right to inform the voters about their position The government and the parliament can inform about their own preferences and they can make recommendations Disortions or manipulations of information can be challenged before the court, before and/or after a vote. When found to be serious, they can lead to the postponement or annulment of the vote. 3. Information dissemination and debate

Information brochure

Greater acceptance rate for mandatory referendums (163 yes, 55 no) than public initiatives (22 yes, 178 no) and optional referendums (99 yes, 78 no) Topics that need submitted to the Swiss voters:  (Total or partial) amendments of the Federal Constitution;  accession to organisations for collective security or to supranational com- munities;  emergency federal acts that are not based on a provision of the Constitution and whose term of validity exceeds one year  exceptional obligatory/optional referendums: other types of treaties that are not mentioned in the provision (case-by-case basis, not codified, left to political decision)  any change in the number of cantons  any change in the territory between cantons Required majority:majority of voters and cantons 4. The importance of mandatory referendums

Topics that shall be voted on:  Popular initiatives for total revision of the Federal Constitution  Popular initiatives for partial revision of the Federal Constitution in the form of a general proposal that have been rejected by the Federal Assembly  The question whether a total revision of the Constitution should be carried out if both Chambers disagree Required majority: majority of voters (however, once a specific bill has been drafted it is submitted to the majority of the voters and of cantons) 4. The importance of mandatory referendums

Cantonal referendums: greater amount of topics must be submitted to a vote Examples of obligatory topics:  constitutional amendments  cantonal laws  international and inter-cantonal agreements  public initiatives with which the cantonal council disagrees, issues a counterproposal or does not want to implement  tax laws and their amendment  etc. 4. The importance of mandatory refendums

In some cantons, it is possible to launch an optional or obligatory referendum on financial matters (for expenses above a certain amount). Obligatory referendum available in JU, LU, UR, SZ, NW, FR, SO, SH, AI, AR, SG, GR, TG, Optional referendum available in ZH, BE, LU, UR, OW, NW, ZG, FR, SO, BS, BL, SH, AI, SG, GR, AG, TG, TI, VS, NE, GE, JU, VD 4. The importance of mandatory referendums

Obligatory cantonal referendums on financial matters CantonsObligatory referendum on financial matters One-time expenseRepetitive expenses LU >25'000'000 25'000'000 (total expense of single expenses) UR >1'000' '000 during at least 10 yrs SZ (when less than a majority ¾ of present MPs are in favour) >5'000'000>500'000 NW >5'000'000>500'000 FR New net expense which is higher than 1% of the total expenses of the last approved accounts SO >5'000'000>500'000 SH >3'000'000>500'000 AI >1'000'000 >250'000 during at least 4 yrs AR Amount >5 % of a tax unitAmount > 1% of a tax unit SG >15'000'000 >1'500'00 during at least 10 yrs GR >10'000'000>1'000'000 TG >3'000'000>600'000 JU Any expenses not established by law > 5% of the total expenses of the last budget Repetitive expense of 0.5% of the same amount

Replication of Swiss system difficult Some aspects may be helpful Adaptation to political culture and context Not forget progress made 5. Conclusion