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Geneva, Switzerland (GenevaLunch) – Hopes of those who would like to see smoking banned throughout Switzerland were dashed even further Tuesday morning when the high court (Tribune fédéral) annuled Geneva’s ban on smoking in public places. The decision comes just two days after voters in Basel and Zurich approved smoking bans.

The court’s ruling covers the process, rather than the content of the law. The court considered appeals from two Geneva lawyers, Michel Amaudruz and Soli Pardo. It ruled that the regulation which went into effect after a popular initiative vote in February 2007 has no legal basis: the canton’s ruling body, the Grand Conseil, simply put into effect new rules based on the popular vote, rather than first establishing a legal basis for the new regulations. While the council has the right to effect new regulations without first passing laws to underpin them, this is acceptable only for urgent matters, and improved public health standards, while laudable, do not constitute an emergency.

The ruling could have an impact on how smoking bans are implemented in other Swiss cities. Citizens in Basel City and several Zurich communes voted 28 September to ban smoking in public areas including bars and restaurants. In Nidwalden, voters decided to leave it up to restaurant owners.

Related stories, “Le Tribunal fédéral annule le règlement genevois sur l’interdiction de la fumée,” Le Temps, 30 September 2008; “Trend in Switzerland to bank smoking,” Swissinfo, 29 September 2008.