Facts
The Government of the Canton of Appenzell Outer Rhodes received a popular initiative in the form of a general suggestion aimed at introducing 12 car-free Sundays in the canton. Based on a legal opinion concluding that the initiative was contrary to federal law, the Grand Council declared the initiative invalid by a vote of 58 to 2. The appellant, as a citizen and member of the initiative committee, filed an appeal against this decision.Considerations
The DFC held that federal law reserves the sole competence of the Federal Council to enact general restrictions on motorized traffic throughout Switzerland, without the need for signage. Cantons are only authorized to restrict motorized traffic on specific roads, by issuing total traffic bans or functional traffic restrictions, and by signposting them in accordance with federal regulations.
The disputed initiative aims to generally prohibit private motorized traffic on a large part of the cantonal road network for 12 Sundays per year, which would require the adoption of regulations by…