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In view of the changed security situation in Europe, a number of bourgeois security politicians no longer want to wait for the outcome of the so-called Stop F-35 initiative. From a constitutional point of view, there is nothing to be said against it, the expert explains.
On Wednesday, the members of the security policy commissions of the National Council and the Council of States met in a hangar in Emmen (LU). There they were presented with the largest armament project of the next few years: the US F-35 stealth jet.
Darko Savic, the project manager of the Federal Office for Armaments Armasuisse, explained to the members of parliament that time was of the essence. If Switzerland does not complete the purchase by the end of March 2023, the contract will lapse. “Then there is a risk that our planes will be delivered later and not at the fixed prices,” says Savic. Because more and more countries want to buy the F-35, the jets could also become more expensive.
So far, the Federal Council actually wanted to wait for the outcome of the so-called stop F-35 initiative. But it hasn’t even been submitted yet.
The legal force of an initiative only arises at the moment when we have accepted the initiative.
Constitutional lawyer Felix Uhlmann explains: The Bundesrat could theoretically sign the purchase agreement. “In principle, he can now procure these jets. An initiative has no suspensive effect,” says the professor of constitutional and administrative law at the University of Zurich. “The legal force of an initiative only arises at the moment when we have accepted the initiative.”
Yes to the initiative would not change much
But what would happen if the Federal Council signed the purchase agreement, but the electorate later accepted the initiative? The constitution would then say: “The federal government does not procure any F-35 combat aircraft.” Then the purchase contradicts the text of the constitution, explains constitutional lawyer Uhlmann.
The Federal Council would not have to sell the jets again. The initiative would not have any retroactive effect, Uhlmann adds. There is nothing about this in the text of the Constitution.
Legally, the situation seems clear. That is why many bourgeois security politicians now want the Federal Council to stop waiting for the initiative.
Federal Council should be authorized to purchase
“We are discussing whether we want to authorize the Federal Council to sign the purchase agreement after the National Council and Council of States have approved the purchase of the F-35,” says Werner Salzmann. The Bernese SVP Council of States is President of the Security Policy Commission of the Council of States.
Salzmann assumes that the Council of States will deal with the army message and thus the purchase of the F-35 in the summer session. It would be the turn of the National Council in the autumn session. The Federal Council could then sign the purchase agreement.
I find that a very strange understanding of democracy.
F-35 opponent Priska Seiler Graf (National Councilor SP/ZH) is outraged by the actions planned by the bourgeoisie: “I find that a very strange understanding of democracy. I’m against changing the normal rules of the game.”
In terms of democratic policy, not waiting for the initiative would be at least unusual, says constitutional lawyer Felix Uhlmann. “It has a certain tradition that one waits for initiatives.”
There was already a vote
However, the Federal Council could also argue that the population had already voted on it. In 2020, a slim majority approved the 6 billion loan for new fighter jets. It is also unusual for the population to vote twice on practically the same topic, says expert Uhlmann.
However, the state government will probably only accelerate the purchase of the F-35 if asked to do so by parliament.