40 Jahre Schweizer Immissionsschutzrecht zwischen Anspruch und Wirklichkeit

Swiss environmental protection law recently marked its 40th anniversary – an occasion to reflect critically on its origins and current effectiveness. At its core lies a system of emissions control, established with strong popular support in 1971 and driven by the ambition to move beyond traditional, localized neighbor protection toward a comprehensive public law regime. However, this ambition was quickly curtailed by political and economic resistance, resulting in legislation that prioritizes technical and economic feasibility over constitutional protections.

 

Today, many types of emissions (air pollutants like ozone and fine particles, noise, vibrations, and light) remain insufficiently regulated. This article identifies three main reasons for this failure: (1) neglect of overarching constitutional and environmental principles; (2) systematic weakening of legal standards through broad exceptions and persistent implementation delays; and (3) an overly narrow, facility-based approach reliant on the state of technology. These issues have contributed to a regulatory "lock-in,” where emissions are perpetuated rather than mitigated.

 

To reverse this trend, the article calls for targeted reforms: stricter adherence to constitutional protections, careful limitation of exceptions, and a holistic, principle-based regulatory approach. The future success of Swiss emission control law depends on the seriousness by which these legal foundations are honored.