"deportation initiative" in Switzerland: In or Out?
"deportation initiative" in Switzerland: In or Out?
Simona Pfister
In Europe, the fear of foreigners: After Thilo Sarrazin's controversial words on the future of Germany and the expulsion of many Roma in France, is now also in Switzerland, a stricter stance towards migrants required. The right edge politicizing Swiss People's Party (SVP) had already in February 2008 its "Initiative for the deportation of criminal aliens filed." The referendum shall provide in the text that anyone living in the country lose their right of residence without a Swiss passport when they commit certain crimes or have "improperly obtained benefits of the social or welfare."
The matters which the initiative to result in an expulsion and a subsequent ban on entry lead from 5 to 15 years include, among other things, murder, rape, human and drug trafficking, burglary and violent crimes. The aim, according to the initiators, which are met in the Swiss population existing need for more security and clear boundaries. Whether this will actually be decided at the next Sunday, when the original comes before the people.
Controversial template and counter-proposal in Parliament
The initiative has provided in advance for discussion in Parliament, and not just because of the seemingly arbitrary selection of laid down crime, economic crimes and the seriousness of an offense Release llig exclude. Some parliamentarians have been denied the fundamental validity of the referendum: It should not allow the vote because the "non-refoulement principle" - under which a foreigner can not be expelled to a country risk his life in the would - and would contradict the Federal Constitution, and mandatory international law. The majority found, however, the text of the initiative could be interpreted flexibly enough to prevent such violations.
Thus, the template but the people are presented, because under existing law must be declared invalid only to mandatory international law in violation of desire. Nevertheless held the Parliament, the initiative was difficult with the principles of the Federal Constitution to unite, because neither the proportionality of the regulatory Measures, or the guarantee is maintained at a single examination. It breaches, it also clearly against the European Convention on Human Rights (ECHR), which belongs to the non-binding international law. It has also complained that the word-oriented implementation of the initiative text was almost impossible, since "welfare fraud" does not set out facts constituted.
were quick so loud calls for alternatives, after all, one largely agreed that urgent action is called out immigration crime. Statistics on which proponents refer to the initiative always like to show clearly that the excessive amount of foreigners are among the offenders in Switzerland. However, these statistics do not distinguish between foreigners resident in Switzerland and those that are in transit differentiated. Only 36 percent of those breaking the law in Switzerland, are committed by foreign residents here. The basic mood of the people is another. Federal Council and Parliament drew up a counter-proposal, which now also coming Sunday will be submitted to the voters and to respect fundamental rights.
Not only the legislature and the government but also the center parties, the liberal FDP and the GLP, the Christian-oriented CVP and EVP, and the Civil BDP recommend these for adoption: He also proposed to the provisions Straffa aggravating llig become foreigners in order to allow a "uniform and consistent practice of the authorities in the eviction." Already, the cantonal courts and authorities have the option of migrants to a crime or a social service fraud disclosed.
However, it is complained that this happens too infrequently and too uniform. Therefore, foreigners in the future - in a proportionate manner - be expelled from the country if they are convicted of any offense to at least two years in prison. In 30 serious crimes, it is already at a penalty of one year imprisonment to deportation. Additionally, the counter-proposal from an article that reiterated the concern of the integration.
http://www.zenithonline.de/kultur/gesellschaft/?article=947&cHash=45092828e0
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