Assessment of the effectiveness of the  Swiss constitutional popular initiative –  a few remarks regarding the legal framework  based on the analysis of the practical application

The Swiss constitutional popular initiative is often perceived as a prime example of such institution. It is characterized by its direct type (it is directly submitted to the vote of the people), it can be presented in a form of either a draft proposal or an idea for a future amendment, it is not thematically limited and finally, the conditions for its approval are not too rigorous. For its assessment to be complete, its practical application also needs to be analyzed. Since it is only the Federal Constitution that can be amended in a way of the popular initiative, usually the amended provisions need to be subsequently concretized by lower-rang legal acts which can allow the Federal Assembly to neutralize the goals of the initiative committee. In order to assess the effectiveness of this institution, the initiatives submitted to the vote of the people and the cantons between 2001 and 2014 were analyzed, with a particular attention being paid to the accepted initiatives and the subsequent legislative process commenced to enact legal acts aiming at concretizing the constitutional provisions.

Helvetica Constitution (1798) – the first constitution of Switzerland

The constitution of the Helvetic Republic of 1798 was the first act of constitutional rank in the history of the State. Developed by the Swiss, foreign institutional solutions separate Swiss tradition contained and to the resistance of the cantons has been imposed by force under the pressure of the French troops. For 5 years of duration, based on her settlement had taken place political experiment where a total rupture with the centuries-old model of Confederation of cantons to the State of a „One and indivisible”. The Constitution also created the first legislative authority of the Republic (the Senate and the Great Council), the Executive – Directorate and Judicial power – the Supreme Court. In addition, a set of freedoms and civil liberties.

Plans for the Anschluss of Switzerland during the Second World War

Since 1933, when Adolf Hitler became the Chancellor of Germany, to the end of World War II the independence of Switzerland was constantly threatened. Nazi propaganda from the beginning talked about the unification of the German peoples under the banners of the Third Reich. However, Swiss neutrality gave the Germans such great material benefits that it ultimately stopped them before the execution of the annexation plans.

The scientific objective of the study was to assess the risk associated with crime of foreign nationals in Switzerland in the years 2009–2015 as a threat to public security, including predictions concerning the development of the analysed phenomenon in the future. The practical purpose of the study was to recommend a strategy for the management of the analysed issues. In the research process, the author applied qualitative research methods, including query of the sources and analysis of statistical data, as well as analysis of risk using the FEMA methodology based on data from the years 2009–2015. The research fills a gap in studies on crime of foreign nationals in Switzerland. Article not only constitutes a diagnosis of the current nature and scale of crime of foreign nationals, but it also includes an arithmetic prediction concerning the evolution of the phenomenon in the future, in the context of it being a potential threat to public security in Switzerland.

The article presents maters of contemporary Labour Law and Alternative Dispute Resolution (ADR) in Switzerland, regulated – or “outlined” – for the first time only recently. Amongst main things the study refers to such matters as: arbitration and collective employment contracts, mediation, and arbitrability of international and domestic labour disputes. These are presented thoroughly and compared with conclusions, and future options.