Facts
On 27 November 2011, the people of Neuchâtel accepted a constitutional decree introducing a new Article 34a entitled "minimum wage" into the Constitution of the Republic and Canton of Neuchâtel. The Grand Council of Neuchâtel amended the cantonal law on employment and unemployment insurance to establish a cantonal minimum wage. The appellants contested this legislative amendment, invoking a violation of economic freedom and the primacy of federal law.
The key facts are as follows
- The people of Neuchâtel accepted a constitutional decree introducing a cantonal minimum wage.
- The Grand Council of Neuchâtel amended the cantonal law on employment and unemployment insurance to establish a cantonal minimum wage.
- The appellants contested this legislative amendment, invoking a violation of economic freedom and the primacy of federal law.
Considerations
5. Economic freedom
The appellants invoke a violation of economic freedom, guaranteed by Article 94 of the Federal Constitution. The Federal Court examines whether the Neuchâtel legislative amendment falls within economic or social policy. It concludes that the legislative amendment pursues social policy objectives, in particular the fight against poverty and the improvement of workers' living conditions.
5.6. Individual economic freedom
The appellants also invoke a violation of individual economic freedom, guaranteed by Article 27 of the Federal Constitution. The Federal Court examines whether the cantonal legislative amendment imposes restrictions on the economic freedom of employers and whether these restrictions are justified by a public interest. It concludes that the legislative amendment pursues a recognized public interest and that the restrictions on economic freedom are proportionate.
7. Primacy of federal law
The…