Swiss government rejects Kompass initiative over EU treaty uncertainty

The Swiss Federal Council has recommended rejecting the Kompass initiative, which would require both a popular majority and a majority of the cantons to approve the country’s package of agreements with the European Union, SRF reported.

The government says the initiative is unclear and would not achieve its intended goal. It supports a vote requiring only a majority of voters for the EU treaty package.

The initiative includes a transitional provision in case it is put to a vote after the EU package. Under that provision, an earlier approval of the package without a majority of the cantons would not be valid.

Justice Minister Beat Jans said treaties already in force were protected by a guarantee of continued validity. He said this would apply, for example, to Bilaterals I and Bilaterals II. For Bilaterals III, the new package of agreements with the EU, that protection would apply only if voters and the cantons approved it before accepting the Kompass initiative.

If the EU package were approved without a majority of the cantons and the Kompass initiative then passed, it would be unclear how to proceed, Jans said. The process for a possible new vote on Bilaterals III would remain open, creating legal uncertainty and sending an uncertain signal abroad.

Michael Schöll, director of the Federal Office of Justice, described the situation as a “political state of limbo” because it would be unclear what should happen with the constitutional mandate. Jans said Switzerland’s relationship with the EU would also be left in limbo.

The Federal Council considers a mandatory referendum, which requires approval by both voters and the cantons, to be unconstitutional for the new EU agreements.

The issue remains under discussion in Parliament. The Council of States is also considering requiring both a popular majority and a majority of the cantons for approval of the package. Parliament is expected to discuss the matter in the autumn. The Kompass initiative will next be considered by the National Council and the Council of States.

The initiative’s committee accuses the Federal Council of delaying the process because it fears the initiative could pass. The committee says the initiative would establish a generally applicable rule, rather than target a single case, and argues that the uncertainty cited by the government would arise only if the initiative were voted on after the new EU agreements.