In Switzerland, in the Canton of Valais, on 24 November 2024, a vote was held on the law called “ Loi sur le climat” , approved by a large majority by the Cantonal Parliament in December 2023. The law aimed to achieve climate neutrality 10 years earlier than federal legislation, therefore by 2040 instead of 2050.
However, the text was rejected following a popular amazon database referendum, which passed with 55.83% of votes against, against 44.17% of votes in favour . The referendum initiative was promoted by the UDC Valaisana , the right-wing party, the majority in Switzerland, and by the association of small and medium-sized enterprises of the Canton ( l'Union Valaisanne des Arts et des Metiers ), asserting that there was an excessive economic burden and that it was a regulation that set unrealistic and unattainable objectives, as well as superfluous, given that a federal law for achieving climate neutrality already exists.
Before delving into the commentary on the matter, it is important to carry out a brief analysis of the Swiss legal system and, in particular, of the methods of direct democracy that are implemented in it.
Switzerland, more than any other State, is in fact characterised by a high degree of popular participation, which is developed with numerous instruments of intervention in the political life of the country.
In fact, the Swiss Constitution provides for the institution of the popular initiative (articles 138-139b) and two different types of referendum, mandatory ( article 140 ) and optional ( article 141 ).
Neither form of referendum is subject to any type of judicial control of admissibility, nor is there a minimum quorum of voters to be reached, as happens in Italy.
The optional referendum, in particular, can be promoted, within 100 days of the publication of a federal law, by citizens collecting the 50,000 signatures necessary to submit it to the scrutiny of the popular vote; in the case in question, however, the referendum was on a cantonal scale, requiring the collection of 3,000 signatures.
That in Switzerland the will of the people plays a decisive role is also demonstrated by the fact that the Swiss Constitution itself opens with the words "In the name of Almighty God, the Swiss People and the Cantons (...) have given themselves this Constitution" and that art. 1 places the People, together with the Cantons, at the basis of the Swiss Confederation.
As already clarified, the institution of the optional referendum is commonly used in the Swiss legal system, but in this case the issue takes on particular interest as it is already the second occasion in which the Swiss people reject a law aimed at limiting the effects of climate change, disavowing a decision taken in parliament.
In fact, in June 2021 , Swiss citizens went to the polls to vote on the amendment of the federal law on CO2 and, again following an optional referendum, in that case too the electorate rejected the legislative text.