Facts
The initiative committee submitted its municipal initiative "Hochdorf heats with renewable energy - even more so from 2030" to the Hochdorf Municipal Council for preliminary examination on August 8, 2019. The Municipal Council declared the initiative invalid on March 26, 2020, as it violated superior law and was not feasible.
The appeal against the voting rights complaint filed in response was rejected by the Government Council of the Canton of Lucerne. The Lucerne Cantonal Court confirmed this decision. Thereupon, Roman Bolliger filed a complaint in public law matters with the Federal Supreme Court.
Considerations
The Federal Supreme Court first examined the interpretation of the popular initiative. It concluded that the initiative contains a binding target and aims at a fundamental decision, without making detailed requirements for implementation.
The Federal Supreme Court saw the compatibility of the initiative with the cantonal Energy Act as well as with the guarantee of property and the guarantee of existing buildings under construction law. It stated that in principle, neither the guarantee of property nor the guarantee of existing buildings convey a claim to the retention of a legal order that has once been in force. The objective of the initiative can be understood as a step towards ecologically sustainable development.
With regard to the proportionality…