Facts
Christian Thommen and the BWIS referendum committee filed a complaint against the decree of the Cantonal Council of the Canton of Lucerne on accession to the Concordat on Measures Against Violence at Sports Events. The Federal Court examined the constitutionality of the Concordat provisions, in particular on exclusion zones, reporting requirements, and police detention.
The complainants argued that the Concordat violates various constitutional rights such as the primacy of federal law, the presumption of innocence, and the principle of proportionality. However, the Federal Court dismissed the complaint, insofar as it could be entered upon.
Considerations
The Federal Court concluded that the measures provided for in the Concordat are of an administrative nature and do not have a criminal character. They serve to avert danger and are therefore not in conflict with the presumption of innocence.
The requirements for the imposition of exclusion zones, reporting requirements, and police detention are sufficiently defined…