Facts
On February 26, 2003, National Councillor Roland Wiederkehr founded the association "Freies Forum Schweiz" with its registered office in Zurich. On February 27, 2003, the association requested the Swiss Federal Chancellery to register it in the federal party register. The Federal Chancellery rejected the registration by order dated March 19, 2003. The association then filed a complaint with the Federal Council, which the Federal Office of Justice referred to the Federal Supreme Court.
Considerations
The Federal Supreme Court concluded that the administrative court appeal against the order of the Federal Chancellery was admissible. However, on the merits, it decided that the appellant did not meet the requirements for registration in the party register pursuant to Art. 76a of the Federal Act on Political Rights (BPR).
The Federal Supreme Court stated that a newly founded association like the appellant had not yet proven that it is capable of participating in the political will-formation on a permanent basis and with a minimum level of support from the electorate. The required minimum level of continuity and anchoring in the population was not yet given.
Furthermore, the legislator wanted to counteract further fragmentation of the lists in National Council elections. If one were to follow the…