Dismissal of the appeal against the decision on the completion of a referendum

Facts

The Neuchâtel Socialist Party, Mélody Grossmann, Laure Décastel and Jordi Gabioud filed a public law appeal against the decision of the Federal Chancellery of 4 February 2020 establishing the completion of the referendum request against the amendment of the Federal Act on Loss of Earnings Compensation in the Event of Service and Maternity. They primarily request the annulment of this decision and, subsidiarily, the finding that the number of valid signatures has not been reached due to serious irregularities during the collection of signatures. The Federal Tribunal declared the appeal inadmissible.

Considerations

According to Article 80 paragraph 2 of the Federal Act on Political Rights (PRA), in its version in force since 1 January 2008, only decisions of the Federal Chancellery relating to the non-completion of a referendum may be appealed to the Federal Tribunal. The wording of the law is clear in this respect and does not allow for the interpretation that decisions on the completion of a referendum may also be challenged.

The Federal Tribunal notes that the reason for this legislative change is not clearly explained in the preparatory work or the…