Facts
The Federal Tribunal has been seized with an appeal against the decree of the Grand Council of the Canton of Fribourg declaring the nullity of a cantonal popular initiative entitled "For the Gratuitousness of Public Transport". This initiative aimed to introduce in the cantonal constitution an article guaranteeing free, high-quality and environmentally-friendly public transport.
The State Council of the Canton of Fribourg had considered that this initiative was contrary to superior law, in particular to Article 81a paragraph 2 of the Federal Constitution, which provides that the prices paid by users of public transport must cover an appropriate share of the costs.
Considerations
The Federal Tribunal dismissed the appeal and confirmed the nullity of the initiative. It proceeded with a literal, historical, systematic and teleological interpretation of Article 81a paragraph 2 of the Federal Constitution and concluded that this federal constitutional provision is incompatible with the total gratuitousness of public transport provided for by the cantonal initiative.
According to the Federal Tribunal, Article 81a paragraph 2 of the Federal Constitution aims to strike a balance between the fact that public transport must not be too cheap, in order to avoid too high a demand, and the fact that it must not be too expensive either, in order to continue to promote the transfer from road to rail. The wording "the prices paid by users of public transport cover an appropriate share of the costs" therefore excludes that this share be zero, as provided for by the cantonal initiative.
The Federal Tribunal also rejected the…