Author: Maarten Koning

Lady Fasnacht comes Back Home

The first spectators settle in the centre of Basel and eagerly await the Fasnacht Cortège. After a three-year absence due to Corona, the Cortège is taking place again this year. However, this was not without problems between Frau Fasnacht and Herr Canton Basel-Stadt.

Frau Fasnacht even wanted a divorce because she was not wanted for three years or only for a limited time. The Häbsetheater even devoted a play to it, but with a happy end. Frau Fasnacht reconciled and reunited with her beloved city on Monday morning, 27 February, at 04.00!

Impressions from Mimösli 2023

In short, the Vorfasnacht has begun. From windows, cellars and other rooms, one can hear the piccolos, tambourines and wind instruments of the cliques and Fasnächtler and Fasnächtlerinnen. Numerous events are held in theatres, cafes, restaurants and other places in honour of Frau Fasnacht.

Drama, violin, piano, cello, dance, fantastic sets and choreography, satire and performances by the cliques find their place.

Affiche Pfyfferli 2023

Impressions from Drümmeli 2023

The Kulturhaus Häbse (Mimösli), the Fauteuil theatre (Pfyfferli-Ensemble), the Volkshaus (Charivari), the event hall of the Messe (Drümmeli), the Arlecchino theatre (Schyssdräggziigli), the Marionette theatre (the Källerstraich) and performances for children in the city theatre and on street parades are just some of the events of Vorfasnacht.

It is cabaret and culture with a capital C, creative, innovative, well prepared, high-level, disciplined, satirical, always respectful of the subject and, above all, with outstanding commitment.

Fasnacht, part of the UNESCO world heritage, takes place from 27 February to 2 March, 04.00 AM.

Further information: Fasnachts-Comité Basel

Impressions from Charivari 2023

Kindervorfasnacht in the streets of  Basel 

The City and Bishopric of Chur

The history of the town of Chur (Canton Graubünden) dates back approximately 11,000 years. The area was already populated in prehistoric times. When the Romans conquered the area between 15 and 13 BC, the Rhaetian tribes inhabited the region. Chur (Curia) was the capital of the Roman province of Raetia Prima.

The beginnings of the bishopric of Chur date back to the 4th century. Chur (Curia) is one of the first Christian cities in Switzerland and one of the first dioceses north of the Alps. The first known bishop was Asinio, mentioned in a document from 451.
The size of the diocese corresponded to the Roman province of Raetia prima. It extended to the present-day canton of Graubünden (the principality of Liechtenstein, parts of Austria (Vorarlberg and Tyrol) and Italy (South Tyrol or Vinschgau).

The bishopric was called Churrätien or Rätien in the Middle Ages.
Bishop Tello was the last descendant of the Rhaetian dynasty of the Victorides. He built the so-called Tello Church in the 8th century. Today’s late Romanesque church was built on the foundation walls of this earlier church and consecrated on June 19, 1272.

The diocese of Chur belonged to the archbishopric of Milan until 843. After the Treaty of Verdun in 843 (a division of the Carolingian Empire into three independent kingdoms), the diocese was subject to the Archbishopric of Mainz until 1803.

Under the Carolingian rulers and the emperors of the Holy Roman Empire from 800 to 1300, the bishop gained significant political and economic power. From 1299, he was also granted jurisdiction over Chur and the surrounding villages. His secular power began to wane after 1400, however.

Emperor Frederick III (1415-1493) granted the city constitutional independence in 1464. The city’s new constitution (1465) was based on the five guilds (weavers, shoemakers, tailors, blacksmiths, and bakers). This constitution transferred political power from the bishop to the guilds. With the Reformation at the beginning of the 16th century, the bishop’s political influence continued to decline.

The seat of the government and parliament of the canton and the monument of the Drei Bünde

During the French Revolution and the Napoleonic campaigns, Graubünden became a theatre of war in 1798 and 1799. Chur was alternately in French and Austrian hands.

Since 1803, Graubünden has been a canton of the Swiss Confederation after initial competition from Ilanz (capital of the Graue Bund (the Grey League) and Davos (capital of the League of the Ten Jurisdictions (Zehngerichtenbund), Chur (capital of the League of the House of God (Gotteshausbund) was able to assert itself as the capital of the canton.

The diocese has been directly subordinate to the Holy See, also known as the Vatican, since 1803. The Austrian territories (Vorarlberg and Tyrol) were separated from the diocese of Chur in 1816 and assigned to the two dioceses of Brixen and Trient. One thousand three hundred years of church history came to an end.

After separating these areas, the diocese’s territory was limited to the canton of Graubünden, parts of the canton of St. Gallen and the Principality of Liechtenstein. In 1819, large parts of the diocese of Constance were added to the diocese of Chur. Today, the diocese includes the cantons of Graubünden, Zurich, Schwyz, Obwalden, Nidwalden, Uri and Glarus.

The famous poet Giachen Caspar Muoth

Office building of the Lia Rumantscha

The city has 15 times more inhabitants (over 37,000) than it did 200 years ago. Today, Chur is a modern city with the seat of the cantonal government and parliament, the head office of the Rhaetian Railway, several museums (Rhaetian Museum, Graubünden Art Museum, Cathedral Treasure Museum, Prehistory Exhibition, Graubünden Photo Foundation and Forum Würth), the Lia Rumantscha, publishing houses and various other cultural institutions and tourist attractions.

(Source: Historisches Lexicon der Schweiz, J. Simonett, Chur; H. Schlapp, die Kathedrale von Chur, Coire, 2009; R. Kaiser, Churrätien im frühen Mittelalter, Bâle, 2008)

Impressions from Chur

 

Von Planta, Rotes Haus, with the heraldry

Benedikt Fontana Monument 

The Head of State of Switzerland

Articles 174-179 of the Federal Constitution contain the main provisions concerning the head of state. They describe the appointment and number of members of the Government (seven), their term of office (four years), the principles of collegiality and equality, the tasks and responsibilities of the Federal Chancellery, and the tasks and duties of the Head of State.

The President

The President and the Vice President are mentioned in Article. 176 of the Federal Constitution.

The President and the Vice-President (Vize) Bundespräsident(in) in German/ la (vice)-présidente or le (vice-)président in French/ il (vice) presidente in Italian / and  la (vice) presidenta/il (vice) president in Romansh) They are chosen by the United Assembly, comprising both chambers (the National Council and the Council of States), for a one-year term. Re-election is possible, but not consecutively.

Since 1890, the election has been based on seniority (Anciennitätsprinzip). The longest-serving member of the Government is first appointed as Vice-President for one year and, the following year, as President (Rotationsprinzip).

The President presides over the Government, but only as primus/prima inter pares (collegiality and equality principles). They are, therefore, not the Prime Minister nor the First Minister.

The primary presidential role consists of coordinating and preparing the Government’s meetings, fostering cooperation and coordination between and within the seven departments, and both chambers of Parliament. The President serves as a minister of one of the seven federal departments and maintains contact with the cantons.

The President occasionally represents the Government and the country at home and abroad. Regarding protocol,  the Presidency is the highest office in the country.

The President can influence the Government’s policy and attitude depending on his/her charisma, personality, and interests.

In foreign contacts and, for example, in their role as a mediator in (inter) national conflicts, tensions or disputes, the President can have a particular impact,  as the (recent) past has shown.

Conclusion

The absence of an elected Head of State for four, ten, or sometimes even sixteen years gives Swiss politics a permanent dynamic. It does not lead to rigidity, (parliamentary) clientele formation, or patronage networks.

A disadvantage is the need for an institution with prestige, tradition and (international) stature.

(Bron: A. Vatter, der Bundesrat, Basel, 2020).

St. Moritz, Bridge, Nature and Culture

The mineral springs in the Upper Engadine have been famous for centuries. The Romans and, before them, the Räthian tribes and their predecessors were already aware of the healing effects.

Moreover, the spring church of St. Mauritius (St. Moritz, St. Murezzan in Romansh) was already a popular place of pilgrimage in the Middle Ages, especially after Pope Leo X (1475-1521) solemnly promised pilgrims access to heaven in 1519.

Paracelsus, wall painting in nearby Samedan.

Renowned doctors, such as Paracelsus (1493-1541), praised the healing powers of mineral water. St Moritz, like the rest of Oberengadin, belonged to the Gotteshausbund. In 1577, the village adopted the Protestant faith.

St. Moritz had 183 inhabitants in 1803 (the creation of the canton of Graubünden). In 1870, the village had a population of 400 inhabitants. However, after 1870, the numbers increased sharply. Today, the village has more than 5 000 inhabitants (about 3 200 Swiss and 1 800 foreigners, apart from the many dual nationalities).

Segantini Museum

Engadiner Museum 

Several galleries, beautiful museums (the Segantini Museum, Museum Engiadinais (Engadiner Museum), the Berry Museum, the Forum Paracelsus, the Mili Weber Museum) and a library with an extensive collection of literature, photos and documents on the history and culture of St Moritz and the Engadine, bear witness to the rich culture and fascinating history.

The village also boasts many works of art and several art trails. Notable monuments include the Leaning Tower (Schiefer Turm), the Grand Hotels and several churches and secular buildings.

‘We were what you are, and you will be what we are” (Puter idiom)

The leaning tower (der Schieferturm)

The 12th-century tower was part of St. Mauritius Church, which was demolished in 1890. The building beats the Tower of Pisa!

1856 marks the beginning of the rich Grand Hotel’s history, with the Kulm Hotel (then known as Pension Faller) in 1856. Back then, the mainly English summer guests came only for the summer season. Johannes Badrutt (1819-1889), the owner and founder of the Kulm Hotel, invited them to his hotel at Christmas. If they were not satisfied, he would also pay the travel expenses.

Grand Hotel des Bains Kempinski

Kulm Hotel

Hotel Victoria

Badrutt’s Palace

Indeed, they travelled to the Oberengadin and returned only after Easter, tanned and satisfied. They were the first winter tourists in the Alps and discovered a new world: the dry and white winter holidays full of sunshine instead of the damp, cold and dark winter in England. Winter tourism in the Alps had been launched, with the 1928 and 1948 Winter Olympics being the highlights.

In 1868, the first English skating club was founded; in 1880, the first curling club on the continent; in 1887, the skeleton club; in 1893, the first golf club in Switzerland.

In 1896 the first cricket match on a frozen lake took place; in 1906, the first horse races on snow and in 1907, on a frozen lake. The first FIS World Ski Championships were held in 1934, and in 1960, the first polo match in the Alps took place.

Special mention should be made of the construction of the Cresta Run in 1885 from St. Moritz to Celerina and the birth of the bobsleigh archetype in St. Moritz. On 21 December 1897, the St. Moritz Bobsleigh Club (SMBC) was founded.

Since 1941, St Moritz has also been home to Europe’s first international bridge tournament, which still exists. And not only that. The Bridge Host at Suvretta House is the last of the Mohicans of his generation, offering bridge lessons and fun to guests five months a year. A tradition from the years 1925-1940!

But St. Moritz also means nature. Lake St. Moritz and the Alps are a balm for the soul in all seasons.

Hanselmann confiserie

The library

Commemoration of Count Jules de Bylandt (1863-1907), killed on the Cresta Run on February 18th, 1907.

The Olympic Village St. Moritz

The first Winter Olympics in St Moritz (canton of Graubünden) began on 11 February 1928. Four hundred sixty-four athletes (including twenty-seven women) from 25 countries participated in six sports and 14 disciplines until 19 February, comprising speed skating, figure skating, ice hockey, bobsleigh and skeleton, skiing, ski jumping, cross-country skiing, and Nordic combination.

Poster and the path to the  Olympic stadium

The choice of St Moritz at 1,856 metres was no accident. The village had been a winter sports resort for decades, and numerous facilities were already in place. Therefore, the organisation’s investments were ‘only’ CHF 700,000, including CHF 250,000 for a new ski jump hill.

The Olympic stadium was very modest. There was no village for athletes. They stayed, mostly at their own expense, in hotels. The atmosphere in and outside the games was Olympic in the true sense of the word. The athletes were amateurs. About 40,000 spectators and 330 press representatives attended the event. Radio was also present.

Opening ceremony 1928

Also, or even in 1928, the weather did not always cooperate: it was 25 degrees on 14 February and 10 degrees with rain the day after. Consequently, the 10,000-metre skating event did not take place.

Speed skating, 5,000 meters

The second Winter Olympic Games in St. Moritz took place from January 30 to February 8, 1948. The Olympic stadium was again used; however, a village for athletes was still not in place, and the Olympic idea that participation is more important than winning remained the norm.

Poster 1948 and the opening ceremony 

In 1948, the weather was, again, unstable, around freezing point and thawing some days. Six hundred sixty-nine athletes, including seventy-seven women, from 28 countries, participated. Germany, Japan and the Soviet Union were not represented.

Fifty-nine thousand spectators and 570 press representatives followed the fifth Winter Olympics. The number of sports was still six, but with more disciplines in skiing. Television was introduced, featuring the BBC and three US channels.

As well as being an Olympic village, St Moritz was also a hub of sports pioneers in bobsleigh and skeleton, the first curling club outside the UK, professional ski instructors,  polo on ice ( the Snow-Polo World Cup), the ‘White Turf’ horse races (skiers pulled by horses on Lake St Moritz) and several new ski events.

St. Moritz shares the characteristics of most fashionable Swiss towns. The grandeur of the hotels and other tourist facilities complements the village-like and convivial atmosphere, as well as various high-class cultural events and organisations, and the magnificent natural surroundings.

(Source and further information: www.st.moritz.com)

The Municipalities

Definition

Each canton is subdivided into municipalities. The area of a canton is the sum of these municipalities, just as Switzerland is the sum of the twenty-six cantons.

The cantons are also subdivided into districts that cover several municipalities. Unlike municipalities, districts are not derived from the Federal Constitution but rather from the cantons’ constitutions.

Municipalities have a modest role in the Constitution. Only Art. 50 recognises their existence. The cantons have complete autonomy in setting up municipalities (Art. 50 (1).

The Confederation considers municipalities’ autonomy when legislating and making decisions (Art. 50 (2). Cities and mountain areas have a special place in this respect (Art. 50 (3).

Organisation and powers

The organisation of municipalities differs from canton to canton. Switzerland has around 2,200 communes. The largest is Zürich (c. 400,000 inhabitants), and the smallest is Corripo (canton of Tessin,) with 20 inhabitants. Scuol (canton of Graubünden) is the largest municipality, and Rivaz (Vaud) is the smallest.

The municipalities perform the tasks that cantons do not perform, following the principle of subsidiarity by which the three layers of Swiss constitutional law function: federal, cantonal, and municipal (Art. 3 and Art. 50 Federal Constitution).

In their constitutions, the cantons define their legal personality, government, administration, democratic representation and election system. These are the creations of the cantons; as such, they enjoy the autonomy each canton grants them.

Cantonal courts of law exist for disputes between municipalities and cantons. The Supreme Court (Bundesgericht) in Lausanne is the highest body of appeal.

Local authorities may sometimes refer cases directly to this supreme federal court.In two instances, cantonal courts adjudicate disputes between citizens and municipalities.

Types of municipalities.

The political municipality (Einwohnergemeinde or politische Gemeinde) encompasses all individuals residing within the municipality. The territorial element determines the status of the inhabitants. This municipality plays the most crucial role in state law. All voters exercise their political rights in their municipality’s federal, cantonal, and communal affairs (Federal Constitution, Article 39-2/4). Citizenship of the municipality is the basis and condition for acquiring cantonal citizenship and, thus, Swiss citizenship (Federal Constitution, Article 37-1).

Half of the cantons are citizens’ municipalities (Bürgergemeinde). It comprises all persons holding citizenship of the municipality. It is a community of persons.

All cantons have a church community (Kirchgemeinde) for every member of a specific church.

A Spezialgemeinde is responsible for carrying out specific tasks in certain cantons.

The representation of the citizens

The essential democratic pillars of each municipality are direct democracy and the parliament elected by the citizens or the assembly of citizens.

Each cantonal Constitution is based on the principle of subsidiarity and the citizens’ final say (direct democracy).

The assembly of citizens

Most municipalities do not have a parliament, but rather a citizens’ assembly, which serves as their legislative and supreme body. Assembly meetings are held several times a year or at the request of citizens or the municipal government. At these meetings, an agenda is put to the vote. Decisions are made based on a majority vote by raising hands or (if requested) by a secret ballot vote.

Hand-raising originates from the medieval tradition of direct democracy in the communes, known as Landsgemeinde. It is still the only method in the cantons of Glarus and Appenzell Innerrhoden.

Larger municipalities cannot hold meetings for all citizens, but instead have a representative system in place. Everyone has the right to vote, but in practice, as in any association, foundation, or political organisation, only a few citizens actively participate.

Moreover, municipal law typically stipulates a secret ballot vote for essential decisions.

In most small(er) municipalities of German-speaking Switzerland and some French-speaking cantons, the citizens also elect the municipal government and the praesidium.

Parliament

Nearly all larger towns and municipalities have a directly elected parliament or municipal council (Gemeindeparlament, Grosser Gemeinderat, Conseil général, Einwohnerrat, Consiglio comunale, Conseil communal, Generalrat, Conseil municipal).

In Neuchâtel and Geneva, this is compulsory for all municipalities; in Vaud, it applies to municipalities with 1,000 inhabitants or more, and in Ticino, it applies to municipalities with 5,000 inhabitants or more.

The largest Swiss municipalities without a parliament are Solothurn and Rapperswil-Jona (in the canton of St. Gall).

The municipal government

The citizens also directly elect the municipal government (the executive). Its name varies from canton to canton: Stadtrat, Gemeinderat, administratiever Rat, Bezirksrat, Rat, Gemeindevorstand, Gemeindebehörde, Municipio, Municipalité, Conseil communal, Conseil adminitratif.

Smaller municipalities often delegate governmental powers to one elected citizen (Stadtpräsident, Gemeindepräsident, Gemeindeammam, Syndic, Maire, Sindaco).

The administration is as large as the municipality needs, and the canton permits (Art. 50 (1).

The system of militia (Milizsystem) also applies to elected officials or politicians at the municipal level.

Only some functions receive a salary, such as the mayor in the larger municipalities or the capacity of Stadtpräsident, Gemeindepräsident, Gemeindeammam, Syndic, Maire, and Sindaco.

(Source: A. Auer, Staatsrecht der schweizerischen Kantone, Bern 2016).

Regional Nature Park Val Calanca

Parco Val Calanca (canton of Graubünden) is Switzerland’s smallest nature park. The area borders the Hinterrhein Valley to the north, the Mesolcina (Misox) to the east, the canton of Ticino (Tessin) to the west, and the municipalities of Castaneda and Sta. Maria, San Vittore and Roveredo to the south. The current area includes the three municipalities of Buseno, Calanca and Rossa.

The change in the landscape due to the decline of traditional agriculture is unmistakable. However, many elements of this centuries-old landscape are still visible, the farms and settlements, arable terraces with dry stone walls, chestnut pastures, meadows and larch forests.

A unique cultural feature is the well-maintained network of mule tracks (Säumerwege). A well-developed network of paths was necessary for the steep Calanca valley with its scattered farms and hamlets.

While the rest of Graubünden invested in constructing motorways around 1900 (Although the use of cars was forbidden until 1925!), the steep valley remained dependent on mule tracks for longer.

Even at the beginning of the 20th century, a mule track was built instead of a motorway to Landarenca and Braggio! The ViaCalanca (www.viacalanca.ch) from Grono to Rossa goes along these traditional mule tracks.

The citizens of Buseno, Calanca, Rossa, and Santa Maria i.C. voted in a referendum to adopt the “Regional Nature Park” label on January 29, 2023. The federal authorities will formally recognise the park by the end of this summer.

(Source and further information: Parco Val Calanca)

The Cantons

Switzerland or the Swiss Confederation (Eidgenossenschaft) consists of twenty-six cantons (Article 1 Federal Constitution). This article also defines the territory of Switzerland: it consists of the areas of the cantons.

The cantons 

In alphabetical order (with their license plate indications in brackets), these are: Aargau (AG), Appenzell Ausserrhoden (AR), Appenzell Innerrhoden (AI), Bern (BE), Basel-Landschaft (BL), Basel-Stadt (BS), Fribourg (FR), Geneva (GE), Glarus (GL), Grisons/Graubünden (GR), Jura (JU), Lucerne (LU), Neuchâtel (NE), Nidwalden (NW), Obwalden (OW), Schaffhausen (SH), Schwyz (SZ), Solothurn (SO), St. Gall (SG), Thurgau (TG), Ticino (TI), Uri (UR), Valais (VS), Vaud (VD), Zug (ZG), Zurich (ZH).

There are immense differences between the cantons in terms of surface area, population, urban and rural character, language, religion, and geological characteristics. Just as essential as this constitutional construction is the linguistic, cultural and political identity of the inhabitants of these sometimes centuries-old republics.

History

The creation of today’s cantons has been an ongoing process for centuries. As such, it is not fully covered in this contribution. These cantons already existed in 1848, although in 1979, Jura split off from the canton of Bern to form a new canton in its own right.

The system of cantons as constitutional constructions and democratic sovereign republics in a sovereign country is unique in Europe and possibly in the world.

Powers

The cantons and the (male) population created the Constitution, the Eidgenossenschaft, and the federal government in 1848 by referendum (Article 3 Constitution). Thus, the federal government is a creation of the cantons (and the people) and has no less, but never more, powers than those indicated in Article 3.

In all other fields, the cantons are sovereign. Each has its own Constitution, Parliament, government, healthcare system, education system, taxation, civil service, and jurisdiction (subject to the Federal Constitution and international treaties).

Article 50 of the Constitution confirms the national hierarchy: the Federal government, the Cantons and the Municipalities (the lowest level of constitutional entities).

In short, the cantons are democratic republics and sovereign states insofar as Article 3 does not delegate powers to the federal government.

The cantons are also represented at the federal level in the Standerät (Council of States) in the national Parliament.

In 1848, defence, foreign policy, and relations, as well as customs and currency, were the leading powers of the federal government. Since then, but especially after 1945, powers have been increasingly transferred to the federal government by the cantons (with the consent of the Council of States and the people, by a binding referendum). The transfer of power from cantons to the federal government is mentioned in Article 87 of the Constitution, which comprises 195 Articles.

The cantons are no longer sovereign in these areas but implement federal laws and decisions (Article 49(1) of the Constitution). The cantons are sovereign in this implementation process (Article 46(1) of the Constitution).

This also explains why the federal government has a relatively small number of civil servants: approximately 38,000. The Supreme Court in Lausanne (Bundesgericht) ultimately decides on questions concerning the implementation of federal law.

Cantonal and international treaties

Hundreds of treaties exist between two or more cantons: inter-cantonal law (Art. 48 Constitution) thus takes precedence over cantonal law.

International treaties, including those with the European Union, take precedence over cantonal law.

Foreign policy is an exclusive domain of the federal government (Art. 54). The government informs the cantons at an early stage about foreign policy that is also relevant for the cantons (Art. 55). The Conference of the Cantonal governments (Konferenz der Kantonsregierungen, located in the House of the Cantons in Bern) plays an essential role in this process. The relationship with the European Union — nowadays mainly the new (institutional) treaty with the European Union (the so-called Rahmenabkommen or accord-cadre) — is particularly crucial.

The cantons can conclude treaties with other countries if they belong to the powers of the canton and do not harm the law and policy of the federal government.

The cantons must inform the government before concluding treaties (Art. 56). Treaties with lower authorities in other countries are permitted without prior notice (Art. 56).

Constitutions

The constitutions of the twenty-six cantons differ from one another. Still, all share the democratic principles of the Federal Constitution (Art. 51). The citizens of the cantons have various ways of influencing the legislation and Constitution of the cantons using referendums.

Moreover, through the Standesinitiative (Article 160 Constitution), cantons can ask the federal Parliament to initiate legislation.

At least eight cantons can also invoke the optional referendum against federal laws (the cantonal referendum, Article 141 of the Constitution).

The cantons were and remain one of Switzerland’s two pillars (together with the people), embodying the originating constituting power  (le pouvoir constituant originaire). They have created the nation. The cantons are also imbued with a derived constituent power (le pouvoir constituent dérivé).

This means that the cantons (and the people) can adapt and change the Constitution and laws at any time. The founders of the Confederation always have the last say.

(Source: Häfelin, W. Haller, H. Keller, D. Thurnherr, Schweizerisches Bundesstaatsrecht, Basel 2020; www.admin.ch)