Europeanization, Institutional Changes and Differential Empowerment

The issue of European integration is of utmost importance for contemporary Swiss politics, as underscored by the presence of three decision-making processes relating to bilateral agreements with the EU, and two additional processes with a strong European dimension (the telecommunication act and the immigration law), among the 11 most important processes of the early 2000s. Previous chapters have highlighted substantial differences between domestic and Europeanized decision-making processes in terms of institutional design and decision-making structures. Chapters 2 and 3 suggest that the peculiarities of the three decision-making processes relating to bilateral agreements go along with specific power configurations among political actors. Chapter 5 draws our attention to the impact of Europeanization on the specific decision-making structure at work in a given policy process.

The Swiss Public Initiative against Mass Immigration (‘Masseneinwanderungsinitiative’): Caught between Constitutional Sovereignty and Pacta Sunt Servanda

This article seeks to bring some clarity to the publicly held debate on the Swiss federal popular initiative to limit immigration as it was adopted on 9 February 2014 by the Swiss people. It considers the crux of the matter, which is the implementation of the new Swiss constitutional article in the context of public international law. The initiative is stuck in between Swiss constitutional sovereignty and Swiss treaty obligations flowing from the agreement on free movement of persons between the European Union and the Swiss Confederation. Specific attention is paid to the democratic element anchored in the Swiss Constitution which, in contrast to other systems where the judicial element prevails, is of high importance for whole the process of a bilateral contractual relationship between the European Union and the Swiss Confederation.