May 21, 2026

Author: Lawyer Enrico Germano

The recent reform of the Police Act in the Canton of Ticino represents one of the most significant updates to cantonal public law in recent decades. It comes amid profound technological transformations, evolving security threats, and a growing need for coordination between institutional levels.

This law is already generating considerable discussion and a wealth of ink, partly because it touches on highly sensitive issues, such as preventive investigations and the potential for citizen profiling. Furthermore, the new Cantonal Law on Public Video Surveillance (LViSo), which is separate from the Police Act, will enter into force on July 1, 2026.

While this revision appears justified by the need to comply with the principles of the Swiss Federal Constitution, it also raises critical questions regarding the centralization of powers and the protection of fundamental rights.

The revision of the Police Act in Ticino, which aims to modernize the 1989 law, is currently under discussion, and the effective date has not yet been set. The aim is to redefine the general principles, powers, and organization of the Cantonal Police and introduce several important changes, particularly regarding organization, prevention, and operational tools.

1. The Legal Basis of the Reform
From a systematic perspective, the legislative review is based on the need to respect the constitutional principles of legality and proportionality. In particular, Article 5 of the Federal Constitution of the Swiss Confederation requires that all state activity be based on a legal basis and proportionate to the objective pursued.

As Pierre Tschannen observes “the principle of legality constitutes the very foundation of modern administrative action¹“. In police matters, this implies that any restriction of fundamental rights must be clearly provided for by law.

Furthermore, Article 36 of the Federal Constitution of the Swiss Confederation establishes that limitations on fundamental rights must have a sufficient legal basis, be justified by the public interest, and comply with the principle of proportionality.

The previous Ticino law, consisting of only 33 articles, was lacking in these areas, particularly regarding the use of technological tools and preventive powers.

2. Centralization and Municipal Autonomy
One of the most controversial aspects of the reform concerns the redefinition of responsibilities between the cantonal and municipal levels. This measure addresses a typical tension in federal systems: that between efficiency and decentralization.

According to Andreas Auer, municipal autonomy represents “an essential element of Switzerland’s institutional identity²“. It is not expressly codified in a uniform manner in the Federal Constitution, but is recognized and protected by the jurisprudence of the Swiss Federal Supreme Court.

The Ticino reform, however, by strengthening the role of the cantonal police, risks restricting this autonomy. As highlighted by some scholars, excessive centralization can lead to a loss of territorial knowledge and a reduction in the effectiveness of community policing.

In legal terms, the question is whether such a restriction is justified by an overriding public interest.

¹ P. Tschannen, Staatsrecht der Schweizerischen Eidgenossenschaft, 4ª ed., Berna, 2019, p. 123; 5. Auflage

² A. Auer, G. Malinverni, M. Hottelier, Droit constitutionnel suisse, vol. I, Berna, 2013, p. 412, edizione Stämpfli.