Facts
The complainant, Rudolf Hausherr, appeals against the election of Erwin Walker as Government Representative of the Saanen district. Hausherr claims that Walker is not eligible for election because he is already Government Representative in the Obersimmental district and is not willing to relocate his residence to the Saanen district. The Grand Council of the Canton of Bern has dismissed the election complaint and validated Walker's election.
The election took place on 26 November 2000, and Hausherr filed an election complaint on 29 November 2000. The Grand Council dismissed the complaint on 2 April 2001. Hausherr then filed a constitutional complaint with the FJA.
Considerations
The FJA must examine whether the residence requirement for Government Representatives was violated. The residence requirement is enshrined in Art. 2 para. 2 of the Law on Government Representatives (RstG) and Art. 44 para. 2 of the Law on the Exercise of Political Rights (GPR). The Grand Council found that the residence requirement is compatible with the freedom of establishment, but an exception possibility for individual cases must be created.
However, the FJA found that the residence requirement for Government Representatives is objectively justified and does not provide for an exception. The Grand Council disregarded the residence requirement and validated the disputed election, although Walker does not have a residence in the Saanen district and is also not willing to relocate it there.
Therefore, the FJA decided that the contested decision of the Grand Council violates the statutory residence requirement…