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

Kläser, Julian (2014). The Swiss Public Initiative against Mass Immigration (‘Masseneinwanderungsinitiative’): Caught between Constitutional Sovereignty and Pacta Sunt Servanda. European Journal of Migration and Law, 16(4), pp. 559-564. Brill 10.1163/15718166-12342069

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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.

Item Type:

Journal Article (Original Article)

Division/Institute:

02 Faculty of Law > Department of Economic Law > Institute of Tax Law

UniBE Contributor:

Kläser, Julian

Subjects:

300 Social sciences, sociology & anthropology > 340 Law

ISSN:

1388-364X

Publisher:

Brill

Language:

English

Submitter:

Monika Scherler

Date Deposited:

17 Dec 2014 16:52

Last Modified:

16 Jun 2017 16:42

Publisher DOI:

10.1163/15718166-12342069

Uncontrolled Keywords:

Swiss Constitutional Law, European Union Law, Public International Law, free movement of persons

BORIS DOI:

10.7892/boris.60729

URI:

https://boris.unibe.ch/id/eprint/60729

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