Landrat BL Disagreement over the validity of a Basel 30 km/h speed limit initiative
The Justice and Safety Committee of the Basel District Council has declared the TCS's legislative initiative entitled "30 km/h on main roads - only with the consent of the people" to be partially legally valid. In doing so, it is contradicting the government, which sees the canton's sovereignty over cantonal roads as being violated by the proposal.
25.06.2024, 17:20
SDA
The initiative demands that a decision by the municipal council should no longer be sufficient for the introduction of a 30 km/h speed limit on cantonal roads, but that a referendum should be mandatory. In addition, other noise protection measures such as the installation of a whispering surface should be examined beforehand.
The Basel government declared the initiative legally invalid on the basis of a legal opinion. The initiative violates higher-level law in several respects - for example, the canton's sovereignty over cantonal roads as laid down in the Federal Constitution and the principle of separation of powers.
Valid or invalid?
The Justice and Security Committee of the cantonal parliament has now come to a different conclusion, as it explains in its report published on Tuesday. It is also based on a legal opinion.
The Commission takes the view that the initiative only aims to broaden the internal communal process that leads to an application for the introduction of a 30 km/h speed limit being submitted to the cantonal authorities. This is legally permissible.
Only one passage of the transitional provision could be seen as problematic, but this should not ultimately be the decisive factor. The committee decided by a large majority to declare the initiative partially valid.
