Enforcement initiative breaks democratic rules
The popular initiative "On the enforcement of the deportation of criminal foreigners (enforcement initiative)" bypasses the legislature and restricts the courts. It thus breaks with basic rules of democracy and calls into question the rule of law. The Federal Council and Parliament therefore reject the enforcement initiative.
On February 28, 2016, the people and the cantons will vote on the Enforcement Initiative off. Today, President Simonetta Sommaruga, head of the Federal Department of Justice and Police, outlined the Federal Council's position. The Federal Council and Parliament recommend rejecting the initiative.
The enforcement initiative flouts the tried-and-true processes of democracy, the Federal Council writes. According to Federal Constitution it is the task of parliament to implement a popular initiative adopted by the people and the cantons by amending the law. After the deportation initiative was adopted at the end of 2010, parliament has fulfilled this mandate in the meantime and tightened the laws. Without waiting for these laws to be passed and without later taking the initiative to a referendum, the initiators chose the path of a new popular initiative before parliament could even begin with the legislative work, according to the Federal Council's statement.
Laws on deportation already tightened
With the enforcement initiative, the initiators, according to the Federal Council, want to enforce their personal idea of how the deportation initiative should be implemented. However, by providing for even stricter rules on expulsion, the enforcement initiative goes beyond the initiative at the time. Parliament had already completed the implementation work under the deportation initiative, he said. The laws on the deportation of criminal foreigners have been tightened. They are strict and provide for mandatory expulsion for serious crimes, bodily harm, violent crimes and sexual violence.
At the same time, the new laws allow courts to consider hardship cases, it is further emphasized. Thanks to this possibility, the new regulations would be more in line with the European Convention on Human Rights and be compatible with the fundamental principles of the Federal Constitution. Source: www.admin.ch/gov/de/start.html
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