Facts
On November 4, 2002, the Cantonal Council of the Canton of Zurich adopted an amendment to the Law on Public Social Assistance. The amendment primarily concerned assistance for asylum seekers, temporarily admitted persons, and persons in need of protection without a residence permit. The Social Democratic Party of the Canton of Zurich and two private appellants subsequently filed a constitutional appeal with the Federal Court.
The Federal Court did not enter into the appeal of the Social Democratic Party, as it lacked the legitimacy to file the appeal. However, the appeal of the two private appellants was considered admissible, as they are affected by the law as asylum seekers.
Considerations
The Federal Court examined whether the amendment to the Social Assistance Act violated the principle of the derogatory force of federal law. It concluded that Art. 83 of the Asylum Act, which regulates restrictions on welfare benefits, is not to be understood as an exhaustive regulation. The cantons remain fundamentally free to enact additional regulations in the service of combating abuse, as long as these do not conflict with the meaning and spirit of federal law.
The disputed provisions…