Advanced Search

RS 172.010 Act of 21 March 1997 on the Organization of Government and Administration (LOGA)

Original Language Title: RS 172.010 Loi du 21 mars 1997 sur l’organisation du gouvernement et de l’administration (LOGA)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

172.010

Government Organization and Administration Act

(LOGA)

21 March 1997 (State 1 Er January 2016)

The Swiss Federal Assembly,

See art. 173, para. 2, of the Constitution 1 , 2 Having regard to the Federal Council message of 16 October 1996 3 ,

Stops:

Title 1 Principles

Art. 1 Government

1 The Federal Council is the supreme executive and executive authority of the Confederation.

2 It consists of seven members.

3 He was assisted by the Chancellor of the Confederation.

Art. 2 Federal Government

1 The federal government is subordinate to the Federal Council. It consists of the departments and the Federal Chancellery.

2 The departments organize themselves in offices, which can be grouped together. They each have a general secretariat.

3 In addition to the provisions governing its organization, the federal government also includes decentralized administrative units.

4 Federal legislation may entrust administrative tasks to organisations and persons of public or private law who are external to the federal government.

Art. 3 Principles Governing the Business of Government and Administration

1 The Federal Council and the federal government act on the basis of the Constitution and the law.

2 They seek the common good, defend the rights of citizens and the competences of the cantons, and encourage cooperation between the Confederation and the cantons.

3 Their activity aims to achieve the objectives set and meets the criteria of good management.

Art. 4 Political responsibility

The Federal Council is collectively responsible for its government responsibilities.

Art. 5 Control of the tasks of Confederation

The Federal Council shall regularly examine the tasks of the Confederation and their execution and the organisation of the federal administration by applying the criteria of necessity and conformity to the objectives deriving from the constitution and The law. It develops, for the action of the state, forward-looking solutions.

Title 2 Government

Chapter 1 The Federal Council

Section 1 Functions

Art. 6 Government bonds

1 The Federal Council defines the objectives and means of its government policy.

2 It gives priority to government bonds.

3 It shall take all necessary measures to ensure government activity at all times.

4 It maintains the unity of Switzerland and encourages national solidarity while preserving the diversity inherent in federalism. It contributes to ensuring that other State bodies are able to carry out the tasks assigned to them by the constitution and the law in a timely and appropriate manner.

Art. 7 Legislation

The Federal Council is leading the preliminary phase of the legislative procedure, with the right of parliamentary initiative reserved. He submits to the Federal Assembly the draft constitutional amendments, laws and federal orders, and enacts ordinances to the extent that the constitution or legislation authorizes it.

Art. 7 A 1 Conclusion of international treaties by the Federal Council

1 The Federal Council may conclude only international treaties where such jurisdiction is conferred on it by federal law or by an international treaty approved by the Federal Assembly.

2 In addition, it may conclude only international treaties of minor significance. 2

3 Treaties that are minor in scope include treaties that:

A.
Do not create new obligations for Switzerland or lead to a waiver of existing rights;
B.
Are used for the implementation of prior treaties approved by the Federal Assembly and are limited to specifying rights and obligations or organizational principles already contained in the basic treaty;
C.
Address the authorities and deal with administrative and technical matters. 3

4 It is not considered to be a minor treaty, in particular treaties that:

A.
Fulfil one of the conditions laid down in Art. 141, para. 1, let. D, of the Constitution for the implementation of the optional referendum on international treaties;
B.
Contain provisions whose subject matter is the sole competence of the cantons;
C.
Result in a single expenditure of more than 5 million francs, or periodic expenditure of more than 2 million francs per year. 4

1 Introduced by ch. II 3 of the annex to the PMQ of Dec 13. 2002 on Parliament, in force since 1 Er Dec. 2003 ( RO 2003 3543 ; FF 2001 3298 5181).
2 New content according to the c. I 1 of the PMQ of Sept. 2014 on the competence to conclude international treaties of minor significance and provisional application of international treaties, in force since 1 Er May 2015 ( RO 2015 969 ; FF 2012 6959 ).
3 Introduced by ch. I 1 of the PMQ of Sept. 2014 on the competence to conclude international treaties of minor significance and provisional application of international treaties, in force since 1 Er May 2015 ( RO 2015 969 ; FF 2012 6959 ).
4 Introduced by ch. I 1 of the PMQ of Sept. 2014 on the competence to conclude international treaties of minor significance and provisional application of international treaties, in force since 1 Er May 2015 ( RO 2015 969 ; FF 2012 6959 ).

Art. 7 B 1 Provisional application of international treaties by the Federal Council

1 If the approval of an international treaty is the responsibility of the Federal Assembly, the Federal Council may decide or agree on its provisional application if the safeguarding of essential interests of Switzerland and a particular urgency require it.

1bis It waives the application on a provisional basis if the competent committees of the two councils oppose it. 2

2 The provisional application of an international treaty shall terminate if, within six months of the beginning of the provisional application, the Federal Council has not submitted to the Federal Assembly the draft federal order for Approval of the relevant treaty.

3 The Federal Council shall notify the Contracting States of the end of the provisional application.


1 Introduced by ch. I 1 of the 8 Oct PMQ. 2004 on the provisional application of international treaties, in force since 1 Er Apr 2005 ( RO 2005 1245 ; FF 2004 703 939).
2 Introduced by ch. I 1 of the PMQ of Sept. 2014 on the competence to conclude international treaties of minor significance and provisional application of international treaties, in force since 1 Er May 2015 ( RO 2015 969 ; FF 2012 6959 ).

Art. 7 C 1 Orders for Safeguarding the Interests of the Country

1 The Federal Council may rely directly on s. 184, para. 3, of the Constitution to adopt an order when the safeguarding of the interests of the country so requires.

2 It shall limit the period of validity of the order in an appropriate manner; this period shall not exceed four years.

3 He may extend the order once. Where appropriate, it lapses six months after the entry into force of its extension if the Federal Council has not submitted to the Federal Assembly a draft laying down the legal basis for its content.

4 In addition, the order lapses in the following cases:

A.
The project under para. 3 is rejected by the Federal Assembly;
B.
The legal basis provided for in para. 3 comes into force.

1 Introduced by ch. I 1 of the LF of 17 Dec. 2010 on the safeguarding of democracy, the rule of law and the capacity for action in extraordinary situations, in force since 1 Er May 2011 ( RO 2011 1381 ; FF 2010 1431 2565).

Art. 7 D 1 Orders for the preservation of external or internal security

1 The Federal Council can rely directly on s. 185, para. 3, of the Constitution to make an order for the purpose of dealing with existing or imminent disturbances that seriously threaten public order, external security or internal security.

2 The order lapses in the following cases:

A.
Within six months of its entry into force, the Federal Council has not submitted to the Federal Assembly:
1.
A project establishing the legal basis for the content of the order,
2.
A draft order of the Federal Assembly based on s. 173, para. 1, let. C, of the Constitution, intended to replace the order of the Federal Council;
B.
The project is rejected by the Federal Assembly;
C.
The statutory basis or order of the Federal Assembly that replaces the order in force.

3 The order of the Federal Assembly provided for in para. 2, paragraph a, c. 2, shall lapse no later than three years after its entry into force.


1 Introduced by ch. I 1 of the LF of 17 Dec. 2010 on the safeguarding of democracy, the rule of law and the capacity for action in extraordinary situations, in force since 1 Er May 2011 ( RO 2011 1381 ; FF 2010 1431 2565).

Art. 7 E 1 Decisions to safeguard the country's interests or to preserve external or internal security

1 The Federal Council can rely directly on s. 184, para. 3, or 185, para. 3, of the Constitution to make a decision when one of the following conditions is met:

A.
Safeguarding the country's interests;
B.
There is a need to deal with existing or imminent disturbances that pose a serious threat to public order, external security or internal security.

2 The Federal Council shall inform the competent body of the Federal Assembly within 24 hours of its decision.


1 Introduced by ch. I 1 of the LF of 17 Dec. 2010 on the safeguarding of democracy, the rule of law and the capacity for action in extraordinary situations, in force since 1 Er May 2011 ( RO 2011 1381 ; FF 2010 1431 2565).

Art. 8 Federal Government Organization and Management 1

1 The Federal Council establishes a rational organization of the federal government and modifies it when circumstances so require. To do so, it may derogate from legal provisions in the field of organization, unless the Federal Assembly expressly restricts its jurisdiction in matters of organization. 2

2 It develops the efficiency of the federal government and its capacity for innovation.

3 It provides consistent and systematic oversight of the federal government.

4 In accordance with the special provisions, it controls the decentralised administrative units as well as the bodies external to the administration which are responsible for administrative tasks of the Confederation.

5 If appropriate, the Federal Council sets the strategic objectives of the following autonomous entities:

A.
Persons of public or private law:
1.
Do not belong to the central federal government,
2.
Which have been created by federal legislation or whose capital and votes are held by the majority of the Confederation,
3.
Who are responsible for administrative tasks;
B.
EPF domain. 3

1 New content according to the c. I of the PMQ of 22 March 2002 on the adaptation of disp. Federal law in the field of organisation, in force since 1 Er Feb 2003 ( RO 2003 187 ; FF 2001 3657 ).
2 New content according to the c. I of the PMQ of 22 March 2002 on the adaptation of disp. Federal law in the field of organisation, in force since 1 Er Feb 2003 ( RO 2003 187 ; FF 2001 3657 ).
3 Introduced by ch. I 2 of the LF of 17 Dec. 2010 relative to the participation of the Ass. Fed. The piloting of self-governing entities, which has been in force since 1 Er Jan 2012 ( RO 2011 5859 ; FF 2010 3057 3095).

Art. Enforcement and Jurisdiction

1 The Federal Council shall ensure the implementation of normative acts and other decisions emanating from the Federal Assembly.

2 It shall exercise administrative jurisdiction in cases where the legislation confers jurisdiction on it.

Art. 10 Information

1 The Federal Council provides information to the Federal Assembly, the cantons and the public.

2 It shall inform, in a coherent, timely and continuous manner on its assessment of the situation, its planning, its decisions and the measures it takes.

3 Special provisions relating to the safeguarding of overriding interests, whether public or private, are reserved.

Art. 10 A 1 Federal Council Spokesperson

1 The Federal Council appoints a spokesperson from among the members of the Directorate of the Federal Chancellery.

2 The spokesperson for the Federal Council:

A.
Informs the public about the mandate of the Federal Council;
B.
Advises the Federal Council and its members on information and communication matters;
C.
Coordinates information between the Federal Council, departments and the Federal Chancellery.

1 Introduced by ch. I of the PMQ of 24 March 2000 ( RO 2000 2095 ; FF 1997 III 1401, 1999 2324). New content according to the c. I of the PMQ of Sept. 2012, in force since 1 January 2014 (RO 2013 4549; FF 2002 1979 , 2010 7119).

Art. 11 Public Relations

The Federal Council cultivates its relations with the public and is informed of the views of the public and its concerns.

Section 2 Procedures and organization

Art. 12 Principle of collegiality

1 The Federal Council takes its decisions as a collegial authority.

2 The members of the Federal Council defend the decisions taken by the College.

Art. 12 A 1 Debriefing of information

1 Members of the Federal Council and the Chancellor of the Confederation regularly inform the Federal Council on their dossiers, in particular on the risks and difficulties they may present.

2 The Federal Council may require its members and the Chancellor of the Confederation to provide him with specific information.


1 Introduced by ch. I of the PMQ of Sept. 2012, in force since 1 January 2014 ( RO 2013 4549 ; FF 2002 1979 , 2010 7119).

Art. 13 Proceedings

1 For matters of great importance or political significance, the Federal Council takes its decisions after having deliberated in common.

2 It can settle other cases by means of a simplified procedure.

3 The essential elements of the negotiations and the decisions of the Federal Council are fully documented. The minutes of the meetings, an instrument of management of the Federal Council, ensure traceability. 1


1 Introduced by ch. I of the PMQ of Sept. 2012, in force since 1 January 2014 ( RO 2013 4549 ; FF 2002 1979 , 2010 7119).

Art. 14 Guidelines

Where necessary, the Federal Council shall lay down the objectives and the broad lines necessary for the preparation of the cases referred to in Art. 13, para. 1.

Art. 15 Co-report procedure

1 Cases to be decided by the Federal Council are submitted to the members of the Federal Council for co-report.

2 The Federal Chancellery rules the procedure.

Art. 16 Convening of the sessions

1 The Federal Council holds meetings as often as necessary.

2 It was convened by the Chancellor of the Confederation at the request of the President of the Confederation.

3 Each member of the Federal Council may request at any time that the member meet.

4 In the event of an emergency, the President may derogate from the ordinary procedure of convening and deliberation.

Art. 17 Meetings and special meetings

The Federal Council deals with matters of primary importance at meetings and special sessions.

Art. 18 Chair and participants

1 The President of the Confederation directs the meetings of the Federal Council.

2 The Chancellor of the Confederation takes part in the deliberations of the Federal Council with a consultative vote. It may make proposals for the exercise of the powers of the Federal Chancellery. 1

3 The Vice Chancellors attend the sessions unless the Federal Council decides otherwise.

4 The Federal Council, if it considers it useful, invites officials and experts from the federal or external administration to give their opinion.


1 New wording of the sentence as per c. I of the PMQ of Sept. 2012, in force since 1 January 2014 ( RO 2013 4549 ; FF 2002 1979 , 2010 7119).

Art. 19 Decisions

1 The Federal Council can only take a decision in the presence of at least four of its members.

2 It shall take its decisions by a majority of the votes. Forbearance is permitted, but any decision must have at least three members.

3 The President shall vote. In the case of a tie, his or her vote doubles, except in the case of appointments.

Art. Recusal

1 Members of the Federal Council and the persons referred to in s. 18 recuses when they have a direct personal interest in a case.

2 The provisions of the Federal Act of 20 December 1968 on administrative procedure 1 Relating to recusal shall apply in respect of decisions and appeals.


Art. Closed Huis

The deliberations of the Federal Council and the procedure laid down in Art. 15 are not public. Information about them is governed by s. 10.

Art. 1 Supplements

1 The Federal Council shall appoint the alternate of each Head of Department.

2 Each member of the Federal Council shall make every effort to ensure that, in the event of an unexpected event, his or her alternate promptly receives all the necessary information on the important matters and the decisions to be taken.

3 The members of the Federal Council and their alternates shall ensure that the transmission of cases is carried out correctly.


1 New content according to the c. I of the PMQ of Sept. 2012, effective from 1 Er Jan 2014 ( RO 2013 4549 ; FF 2002 1979 , 2010 7119).

Art. 1 Delegations of the Federal Council

1 The Federal Council may, for certain cases, form part of delegations. These are generally three members.

2 Delegations prepare the deliberations and decisions of the Federal Council or process, on behalf of the Government College, with other authorities, Swiss or foreign, or with individuals. They have no decision-making authority.

3 Delegations regularly inform the Federal Council of their deliberations.

4 The Federal Chancellery heads the secretariat, which is responsible, inter alia, for drawing up the minutes of the delegations' deliberations and for holding the documentation.


1 New content according to the c. I of the PMQ of Sept. 2012, effective from 1 Er Jan 2014 ( RO 2013 4549 ; FF 2002 1979 , 2010 7119).

Art. 24 Organization Order

In the case of surplus, the Federal Council regulates the performance of its functions by way of an order.

Chapter 2 The President of the Confederation

Art. 25 Functions within the Government College

1 The President of Confederation heads the Federal Council.

2 The President of the Confederation:

A.
Ensures that the Federal Council fulfils its obligations in a timely, effective and coordinated manner;
A Bis . 1
Coordinates matters of major importance involving several departments or having a major impact on the country;
B. 2
Prepares the deliberations of the Federal Council, lists the objects to be examined and seeks to reconcile the views as appropriate;
B Bis . 3 May appoint a member of the Federal Council, within a certain period of time, to submit to the Federal Council a given object;
C.
Ensures that the Federal Council organizes and exercises effective oversight of the federal government;
D.
May request clarification of specific cases at any time and shall propose to the Federal Council the measures it deems appropriate.

1 Introduced by c. I of the PMQ of Sept. 2012, effective from 1 Er Jan 2014 ( RO 2013 4549 ; FF 2002 1979 , 2010 7119).
2 New content according to the c. I of the PMQ of Sept. 2012, effective from 1 Er Jan 2014 ( RO 2013 4549 ; FF 2002 1979 , 2010 7119).
3 Introduced by c. I of the PMQ of Sept. 2012, effective from 1 Er Jan 2014 ( RO 2013 4549 ; FF 2002 1979 , 2010 7119).

Art. 26 Presidential decisions

1 In the event of an emergency, the President of the Confederation has the power to order provisional measures.

2 If it is not possible to convene the Federal Council in ordinary or extraordinary sitting, the President of the Confederation shall decide instead.

3 Its decisions must be submitted after the ratification of the Federal Council.

4 The Federal Council may also authorize the President of the Confederation to deal with matters of an essentially formal nature.

Art. 27 Supplements

1 The Vice-President of the Federal Council shall be the alternate of the President of the Confederation; he shall assume all the obligations of the President of the Confederation in the event of his incapacity.

2 The Federal Council may delegate to the Vice-President certain powers of the President of the Confederation.

Art. 28 Representation

The President of the Confederation represents the Federal Council at home and abroad.

Art. Relations with the cantons

The President of the Confederation is responsible for the relations of the Confederation with the cantons when it comes to general matters of common interest.

Art. A 1 Presidential Service

1 The President of the Confederation has a presidential service which assists him in the exercise of his specific duties, in particular in the field of external relations, communication, protocol and organisational matters.

2 The Presidential Service is attached to the Federal Chancellery.


1 Introduced by ch. I of the PMQ of Sept. 2012, effective from 1 Er Jan 2015 ( RO 2013 4549 ; FF 2002 1979 , 2010 7119).

Chapter 3 The Chancellor of the Confederation

Art. Functions

1 The Chancellor of the Confederation is the Chief of Staff of the Federal Council.

2 The Chancellor of the Confederation:

A.
Assists the Federal Council and the President of the Confederation in carrying out their duties;
B.
Performs the duties of the Federal Assembly under the Constitution and the Act.
Art. Organization

1 The Chancellor of the Confederation heads the Federal Chancellery, in the same way as a federal councillor leads his department.

2 Vice Chancellors were the substitutes for the Chancellor of Confederation.

3 The organization and management of the Federal Chancellery shall be governed, unless otherwise prescribed by the Federal Council, by the provisions applicable to the whole of the Federal Government, excluding those relating to Departmental General Secretariats.

Art. 32 Advice and assistance

The Chancellor of the Confederation:

A.
Advises and assists the President of the Confederation and the Federal Council in the planning and coordination of government affairs;
B.
Develops and monitors the work program and business planning of the Federal Council for the President of the Confederation;
C. 1
Participates in the preparation of the proceedings and meetings of the Federal Council; it is responsible for establishing the minutes and making clear decisions of the Federal Council;
C Bis . 2
Monitors, on behalf of the Federal Council, the state of affairs of the Federal Council and the mandates it receives from the Federal Assembly, as well as their material compatibility with the programme of the legislature, the annual objectives of the Federal Council and Other planning programs of the Confederation and may submit proposals to the Federal Council in the event of new developments;
C Ter . 3
Ensures that ongoing and long-term analysis of the situation and context is established and reported to the Federal Council on a regular basis;
D.
Develops in particular, in close collaboration with the departments, the report of the Federal Council to the Federal Assembly on the broad lines of government policy and the annual report of the Federal Council on its management;
E.
Advises the President of the Confederation and the Federal Council on the Directorate-General for Administration and collaborates in the supervision of the Administration;
F.
Assists the Federal Council in its dealings with the Federal Assembly;
G. 4
Advises and supports the Federal Council in order to detect in a timely manner the situations likely to lead to a crisis and to manage the actual crises.

1 New content according to the c. I of the PMQ of Sept. 2012, effective from 1 Er Jan 2014 ( RO 2013 4549 ; FF 2002 1979 , 2010 7119).
2 Introduced by c. I of the PMQ of Sept. 2012, effective from 1 Er Jan 2015 ( RO 2013 4549 ; FF 2002 1979 , 2010 7119).
3 Introduced by c. I of the PMQ of Sept. 2012, effective from 1 Er Jan 2015 ( RO 2013 4549 ; FF 2002 1979 , 2010 7119).
4 Introduced by c. I of the PMQ of Sept. 2012, effective from 1 Er Jan 2015 ( RO 2013 4549 ; FF 2002 1979 , 2010 7119).

Art. 33 Coordination

1 The Chancellor of the Confederation co-ordinates inter-departmental affairs.

1bis It is responsible for organising interdepartmental coordination tasks with a view to detecting, in time, situations likely to lead to a crisis and to manage the actual crises. 1

2 It coordinates with the administration of Parliament. He shall consult, in particular, the Secretary-General of the Federal Assembly on matters which directly affect the procedure or organization of the Federal Assembly or the Services of Parliament, before the Federal Council or a service which is Subordinate decision. It may participate in the meetings of the Administrative Delegation of the Federal Assembly, with a consultative vote. 2


1 Introduced by ch. I of the PMQ of Sept. 2012, effective from 1 Er Jan 2015 ( RO 2013 4549 ; FF 2002 1979 , 2010 7119).
2 Introduced by ch. 3 of the annex to the PMQ of 8 Oct. 1999, in force since 1 Er Jan 2000 ( RO 2000 273 ; FF 1999 4471 5299).

Art. 33 A 1 Right to information

In exercising his powers, the Chancellor of the Confederation may require information from the departments.


1 Introduced by ch. I of the PMQ of Sept. 2012, effective from 1 Er Jan 2014 ( RO 2013 4549 ; FF 2002 1979 , 2010 7119).

Art. 34 1 Information

1 The spokesperson for the Federal Council, in collaboration with the departments, takes the necessary measures to inform the public.

2 The Chancellor of the Confederation provides internal information between the Federal Council and the departments.


1 New content according to the c. I of the PMQ of 24 March 2000, in force since 1 Er Seven. 2000 ( RO 2000 2095 ; FF 1997 III 1401, 1999 2324).

Title 3 The Government of Canada

Chapter 1 Direction and Management Principles

Art. 35 Direction

1 The Federal Council and the heads of departments lead the federal government.

2 Each member of the Federal Council heads a department.

3 The Federal Council allocates the departments between its members, who are obliged to accept the department assigned to them.

4 The Federal Council may change the distribution of departments at any time.

Art. 36 Guiding Principles

1 The Federal Council and department heads define the objectives of the federal government and set priorities.

2 In delegating the direct execution of tasks to working groups or units within the federal government, they give them the necessary skills and resources.

3 They assess the benefits of the federal government and periodically review the objectives they have set for them.

4 They ensure that employees are carefully selected and that continuous training is provided.

Chapter 2 Departments

Section 1 The Head of Department

Art. Directorate and Accountability

1 The Head of Department heads his department under his political responsibility.

2 The Head of Department:

A.
Outlines the department's management lines;
B.
Delegates, if necessary, the execution of certain departmental tasks to administrative units and employees subordinate to it;
C.
Defines the organization of its department within the scope of this Act.
Art. 38 Executive instruments

Within the department, the Head of Department always has standing to give instructions, carry out checks and intervene personally in a case. Specific provisions concerning certain administrative units or the allocation of certain powers under federal law are reserved.

Art. 38 A 1 Benefit Agreements

1 Departments manage with annual benefit agreements:

A.
Units of the central federal government;
B.
Decentralized federal government units that do not have proper accounting.

2 The Federal Audit Office is excluded from the management by agreement of benefits. The Federal Council may make other exceptions.

3 If groups and offices manage administrative units with their own budget envelope, the department may delegate the authority to enter into the benefit agreements with these units.

4 In the benefit agreement, the tasks of the administrative units are allocated to projects and benefit groups. They must have measurable objectives.

5 Each year, the administrative units prepare a report on the achievement of their objectives. At the beginning of each legislative program, they examine the structure and objectives of their benefit groups.


1 Introduced by ch. 2 of the Annex to the PMQ of 26. 2014 (New Government Management Model), effective from 1 Er Jan 2016 ( RO 2015 1583 ; FF 2014 741 ).

Art. 39 Personal Collaborators

The Head of Department may hire personal staff, whose tasks he defines.

Art. 40 Information

The Head of Department shall, in agreement with the Federal Chancellery, take the necessary measures to inform the public about the activity of his department; he shall designate those responsible for the information.

Section 2 General Secretariats

Art. Status

1 Each department has a general secretariat serving as the general staff of the department. The General Secretariat may also be responsible for other tasks.

2 The Secretary-General is the Chief of Staff of the Department.

Art. Functions

1 The Secretariat-General assists the Head of the Department in planning, organizing and coordinating the activities of the Department and in the affairs of its jurisdiction.

2 He assumes the supervisory duties assigned to him by the Head of the Department, in keeping with his instructions.

3 It ensures that the planning and activities of its department are coordinated with those of other departments and those of the Federal Council.

4 He assisted the Head of the Department in the preparation of the deliberations of the Federal Council.

Section 3 Offices and groupings of Offices

Art. 43 Status and Functions

1 Offices are the administrative units responsible for processing cases.

2 The Federal Council establishes, by way of order, the subdivision of the federal administration into offices. To the extent possible, it shall assign to each Office related areas and determine its tasks.

3 The Federal Council divides the offices between the departments according to the requirements of management, the connection of tasks and the balance of material and politics. He may review this allocation at any time.

4 The heads of departments determine the structure of the offices attached to their department. They may bring together some offices in clusters, with the approval of the Federal Council.

5 For the surplus, the directors define the detailed structure of their office.

Art. 44 1

1 Repealed by c. 2 of the Annex to the PMQ of 26. 2014 (New Government Management Model), with effect from 1 Er Jan 2016 ( RO 2015 1583 ; FF 2014 741 ).

Art. 45 Directorate and Accountability

Grouping and ex officio directors shall be responsible to their superiors for the management of the administrative units which are subordinate to them and to the execution of the tasks assigned to them.

Section 4 Secretaries of State 4

Art. 45 A 1 Investiture and Function

1 The Federal Council may invest the title of Secretary of State of the heads of office or group responsible for an important area of their department. Offices and groupings headed by a Secretary of State may be designated as State Secretariats.

2 Secretaries of State assist and relieve heads of departments, particularly in foreign relations.


1 Introduced by ch. I of the PMQ of Sept. 2012, effective from 1 Er Jan 2014 ( RO 2013 4549 ; FF 2002 1979 , 2010 7119).

Art. 1 Temporary assignment of the title of Secretary of State

The Federal Council may temporarily assign the title of Secretary of State to members of the federal government when it gives them a mandate to represent Switzerland in international negotiations at the highest level.


1 New content according to the c. I of the PMQ of Sept. 2012, effective from 1 Er Jan 2014 ( RO 2013 4549 ; FF 2002 1979 , 2010 7119).

Chapter 3 5 Emoluments

Art. A

1 The Federal Council makes provision for the collection of appropriate fees for decisions and other benefits of the federal government.

2 It lays down the arrangements for the collection of emoluments, in particular:

A.
The procedure for collecting emoluments;
B.
The amount of the fees;
C.
Liability in cases where more than one person is subject to the emoluments;
D.
The requirement of the right to the recovery of emoluments.

3 It lays down the fees, taking into account the principle of equivalence and the principle of cost coverage.

4 It may provide for derogations from the perception of emoluments if the decision or the provision of service is of overriding public interest.

Title 4 Skills, Planning and Coordination

Chapter 1 Skills

Art. Decisions

1 Depending on its importance, a case is a matter for the Federal Council, a head of department or a group or ex officio director.

2 The Federal Council regulates by order the allocation of decision-making authority to administrative units in specific cases or areas.

3 If, in a particular case, there is a conflict of jurisdiction between the departments, the President of the Confederation decides.

4 Senior administrative units and the Federal Council may, at any time, take responsibility for a case for decision.

5 The mandatory provisions of the legislation on judicial organisation concerning the allocation of powers are reserved. If the appeal is inadmissible to the Federal Council, the Federal Council may give directions to the competent authority of the federal government on how to interpret the law.

6 In the case of decisions which may be appealed to the Federal Administrative Court, the case of the Federal Council shall be delegated ex officio to the department responsible for the matter. The appeal against decisions of the Federal Council referred to in s. 33, let. A and b, of the Act of 17 June 2005 on the Federal Administrative Tribunal 1 Is reserved. 2


1 RS 173.32
2 New content according to the c. 9 of the Annex to the PMQ of 17 June 2005 on the TAF, in force since 1 Er Jan 2007 ( RO 2006 2197 1069; FF 2001 4000 ).

Art. 48 Regulatory Authority

1 The Federal Council may delegate to departments the competence to enact rules of law. It takes into account the scope of the proposed standard.

2 Delegation of such powers to groups and offices is permitted only if a federal law or a federal statute of general scope permits.

Art. 48 A 1 Conclusion of international treaties

1 The Federal Council may delegate to a department the competence to conclude an international treaty. With regard to international treaties of minor significance, it may also delegate that competence to a group or office.

2 It reports annually to the Federal Assembly on treaties concluded by itself, by departments, by groups or by offices. Only the Delegation of the Management Commissions is informed of the international treaties which, pursuant to Art. 6 of the Act of 18 June 2004 on official publications 2 , are not published. 3


1 Introduced by ch. II 3 of the annex to the PMQ of Dec 13. 2002 on Parliament, in force since 1 Er Dec. 2003 ( RO 2003 3543 ; FF 2001 3298 5181).
2 RS 170.512
3 New content according to the c. 1 of the Annex to the PMQ of 26. 2014, in force since 1 Er Jan 2016 ( RO 2015 3977 ; FF 2013 6325 ).

Art. Signature

1 The Head of Department may delegate the competence to sign certain documents on his behalf:

A.
The Secretary-General or his alternates;
B.
The members of the management of the groups and offices subordinate to it;
C.
Other members of the General Secretariat in the context of the powers conferred on the department as an appeal body.

2 It may also delegate the right to sign decisions. 1

3 The group and ex officio directors regulate the signing delegation in their field of competence.


1 New content according to the c. II 5 of the LF of 20 March 2008 on the formal updating of federal law, in force since 1 Er August 2008 ( RO 2008 3437 ; FF 2007 5789 ).

Art. 50 External Relations

1 The Federal Council sets out the principles governing the relations of the federal government with the foreign country.

2 Relations with the cantons' governments are the responsibility of the Federal Council and the heads of departments.

3 In the context of their competence, the Directors of Grouping and Office have direct relations with other authorities or services, federal, cantonal or communal, as well as with individuals.

Chapter 2 Planning and Coordination 6

Art. Planning

Departments, groups and offices are planning their activities within the framework of the overall planning of the Federal Council. The departments inform the Federal Council of their planning.

Art. Coordination at Government Level

The Federal Council and its delegations and the Federal Chancellery shall carry out the coordination tasks incumbent upon them under the Constitution and the Law.

Art. Conference of Secretaries-General

1 Under the presidency of the Chancellor of the Confederation, the Conference of Secretaries General led the coordination work within the federal government.

2 It shall assume the coordination of tasks or cases which are not the responsibility of any other coordinating body, in particular as part of the preparation of the affairs of the Federal Council.

3 The Federal Council may entrust it with the task of dealing with interdepartmental matters and preparing them for it.

4 The Secretary General of the Federal Assembly may participate in the Conference of Secretaries-General, with a consultative vote. 1


1 Introduced by ch. 3 of the annex to the PMQ of 8 Oct. 1999, in force since 1 Er Jan 2000 ( RO 2000 273 ; FF 1999 4471 5299).

Art. Conference of Information Officers

1 The Conference of Heads of Information brings together the spokesperson of the Federal Council and the heads of information of each department. A representative of Parliamentary Services may participate, with a consultative vote. 1

2 The Conference of Information Officers deals with the day-to-day problems of the departments and the Federal Council in the field of information, coordinates and plans information. 2

3 It is chaired by the spokesperson for the Federal Council. 3


1 New content according to the c. I of the PMQ of 24 March 2000, in force since 1 Er Seven. 2000 ( RO 2000 2095 ; FF 1997 III 1401, 1999 2324).
2 New content according to the c. 3 of the annex to the PMQ of 8 Oct. 1999, in force since 1 Er Jan 2000 ( RO 2000 273 ; FF 1999 4471 5299).
3 New content according to the c. I of the PMQ of 24 March 2000, in force since 1 Er Seven. 2000 ( RO 2000 2095 ; FF 1997 III 1401, 1999 2324).

Art. Other permanent staff, planning and coordination bodies

The Federal Council and the departments may set up other independent conferences or administrative units responsible for staff tasks, planning and coordination.

Art. 56 Interdepartmental Working Groups

The Federal Council may entrust important inter-departmental working groups of limited duration.

Chapter 3 External Consultants and Extra-Parliamentary Committees 7

Section 1 External Consultants 8

Art. 57 ... 1

1 The Federal Council and departments may consult with organizations and persons outside the federal government.

2 ... 2


1 Repealed by c. I of the PMQ of 20 March 2008 (Reorganisation of the extra-parliamentary committees), with effect from 1 Er Jan 2009 ( RO 2008 5941 ; FF 2007 6273 ).
2 Repealed by c. I of the PMQ of 20 March 2008 (Reorganisation of the extra-parliamentary committees), with effect from 1 Er Jan 2009 ( RO 2008 5941 ; FF 2007 6273 ).

Section 2 9 Extra-parliamentary committees

Art. 57 A Purpose

1 Extra-parliamentary committees advise the Federal Council and the Federal Government on an ongoing basis in the performance of their tasks.

2 They make decisions to the extent that they are authorized by a federal statute.

Art. 57 B Conditions

An extra-parliamentary committee may be established when the tasks are carried out:

A.
Requires specific knowledge that is not available to the federal government;
B.
Requires the early participation of the cantons or other interested parties, or
C.
Must be assigned to a decentralized federal government unit not bound by instructions.
Art. 57 C Constitution

1 When the task can be accomplished more adequately by a unit of the central federal government or by an organization or an external person, a commission will be forfeit.

2 The Federal Council establishes extra-parliamentary committees and appoints its members.

3 The term of office is four years.

4 In case of vacancy, a replacement shall be appointed.

Art. 57 D Review

The raison d' être, the tasks and the composition of the extra-parliamentary committees are reviewed every four years on the occasion of their full renewal.

Art. 57 E Composition

1 In general, the extra-parliamentary committees have no more than fifteen members.

2 Both sexes, languages, regions, age groups and interest groups must be fairly represented in the committees, taking into account the tasks to be performed.

3 Members of the federal government may be appointed as members of a commission only in duly substantiated cases.

Art. 57 F Duty to report interest

1 Members of the commissions must report their interests prior to their appointment. The Federal Council shall issue the implementing provisions.

2 Anyone who refuses to report his or her interests cannot be a member of a committee.

Art. 57 G 1 Compensation

1 The Federal Council sets uniform criteria for the compensation of committee members.

2 The amount of the allowances is made public.


1 Effective From 1 Er Jan 2010 ( RO 2009 6135 ).

Chapter 4 10 Data processing

Section 1 Correspondence and Records Management 11

Art. 57 H 1

1 Any federal body within the meaning of the Federal Act of 19 June 1992 on data protection 2 Can manage an information and documentation system for the purposes of recording, managing, indexing and controlling correspondence and records. This system may contain sensitive data and personality profiles when they arise from the correspondence or derive from the nature of the case. Such a body may record personal data only for the purpose of:

A.
Deal with matters within its jurisdiction;
B.
Organize the conduct of the work;
C.
Determine whether the data relates to a specified person;
D.
Facilitate access to documentation.

2 Only the employees of the body concerned have access to personal data, and only to the extent that such data is necessary for the performance of their tasks.

3 The Federal Council shall issue implementing provisions on the organisation and operation of such information and documentation systems and on the protection of personal data recorded therein.


1 Formerly art. 57 A .
2 RS 235.1

Section 2 12 Processing of personal data related to the use of electronic infrastructure

Art. 57 I Relationship to Other Federal Statutes

The provisions of this section shall not apply when another federal law regulates the processing of personal data relating to the use of electronic infrastructure.

Art. 57 J Principles

1 Federal bodies within the meaning of the Federal Act of 19 June 1992 on Data Protection 1 Are not authorized to record and analyze personal data related to the use of their electronic infrastructure or electronic infrastructure for which they have delegated the operation, unless the pursuit of the purposes set out in s. 57 L To 57 O Requires it.

2 Data processing within the meaning of this section may also refer to sensitive data or personality profiles.


Art. 57 K Electronic Infrastructure

The electronic infrastructure includes all fixed or mobile equipment that can record personal data, in particular:

A.
Computers, network components, and software;
B.
Data carriers;
C.
Telephone devices;
D.
Printers, scanners, fax machines and photocopiers;
E.
Time-of-work systems;
F.
Systems for controlling facilities at the entrance and inside of premises;
G.
Geolocation systems.
Art. 57 L Saving personal data

Federal bodies may register personal data related to the use of their electronic infrastructure for the following purposes:

A.
All personal data, including those relating to the content of electronic mail, to ensure their security (backup copies);
B.
Data resulting from the use of the electronic infrastructure:
1.
To maintain information and service security,
2.
To ensure the technical maintenance of the electronic infrastructure,
3.
To monitor compliance with the use regulations,
4.
To locate access to files
5.
To charge the costs to each imputed unit;
C.
Data on employee working time, to manage staff working time;
D.
Data concerning the presence of persons on the premises of the Confederation, as well as the entry and exit, in order to guarantee security.
Art. 57 M Analysis Not Relating to Persons

The recorded data may be analysed without any relation to persons in the purposes mentioned in Art. 57 L .

Art. 57 N Non-nominal Analysis of Individuals

The recorded data can be analyzed in relation to individuals but not in nominal terms, when the analysis is conducted by survey and for the following purposes:

A.
Controlling the use of electronic infrastructure;
B.
Monitor staff working time.
Art. 57 O Face-to-face analysis

1 Registered data can be analyzed in relation to individuals and in nominal terms with the following goals:

A.
Clarify a concrete suspicion of misuse or pursue a case of misuse;
B.
Analyze the disruption of the electronic infrastructure, address it, or address the concrete threats it is experiencing;
C.
Provide the necessary benefits;
D.
Seize and invoice the benefits;
E.
Control the working time of specified persons.

2 A data analysis according to para. 1, let. A, can be made only:

A.
By the organs of Confederation;
B.
After written information from the data subject.
Art. 57 P Prevention of abuse

The federal body takes the necessary technical and organisational measures to prevent abuse.

Art. 57 Q Implementing provisions

1 The Federal Council rules in particular:

A.
Registration, retention and destruction of data;
B.
The processing procedure;
C.
Access to data;
D.
Technical and organizational measures to ensure data security.

2 Data can only be kept for as long as necessary.

3 Unless otherwise provided by an order of the Federal Assembly, these implementing provisions shall apply to data concerning members of the Federal Assembly or the staff of Parliamentary Services.

Title 5 Miscellaneous and final provisions

Chapter 1 Legal status

Art. Seat

The city of Bern is the seat of the Federal Council, the departments and the Federal Chancellery.

Art. Residence of members of the Federal Council and the Chancellor of Confederation

The members of the Federal Council and the Chancellor of the Confederation may freely determine the place of their residence; however, they must be able to join the seat of the authority at short notice.

Art. 60 Incompatibility due to function

1 The members of the Federal Council and the Chancellor of the Confederation may not assume any other function in the service of the Confederation or of a canton, nor may they engage in any other professional or commercial activity.

2 Nor can they carry out the functions of director, manager or member of the administration, supervisory body or control body of an organisation with an economic activity.

3 Members of the Federal Council, as well as the Chancellor of the Confederation, are prohibited from performing an official function for a foreign state, as well as accepting titles or decorations granted by foreign authorities. 1


1 Introduced by ch. I 2 of the LF of 23 June 2000 on titles and decorations granted by foreign authorities, in force since 1 Er Feb 2001 ( RO 2001 114 ; FF 1999 7145 ).

Art. 61 1 Incompatibility due to person

1 Cannot be simultaneously members of the Federal Council:

A.
Two persons joined by the marriage, linked by a registered partnership or leading a life of a couple;
B.
Parents, including parents by marriage, on a direct line and up to the fourth degree on a collateral line;
C.
Two persons whose spouses or registered partners are brothers and sisters.

2 The Chancellor of Confederation cannot have a link within the meaning of para. 1 with one of the members of the Federal Council.


1 New content according to the c. 4 of the Annex to the PMQ of 18 June 2004 on the partnership, in force 1 Er Jan 2007 ( RO 2005 5685 ; FF 2003 1192 ).

Art. 61 A 1

1 Introduced by ch. II 3 of the annex to the PMQ of Dec 13. 2002 on Parliament ( RO 2003 3543 ; FF 2001 3298 5181). Repealed by c. 2 of the annex to the PMQ of 17 June 2011 (Consideration of requests to lift immunity), with effect from 5 Dec. 2011 (RO 2011 4627; FF 2010 6719 6759).

Chapter 2 Approval of cantonal legislative acts 13

Art. 61 B 1

1 If provided for in a federal law, the cantons shall submit their laws and ordinances to the approval of the Confederation; approval shall be a condition of validity.

2 In the absence of litigation, approval is given by the departments.

3 In the event of a dispute, the Federal Council shall decide. It may also provide approval with a reserve.


1 Formerly art. 62, then art. 61 A. New content according to the c. I of the 7 Oct PMQ. 2005, in force since 1 Er June 2006 ( RO 2006 1265 ; FF 2004 6663 ).

Chapter 3 Information on the conventions passed by the cantons between them or abroad 14

Art. 61 C 1 Debriefing of information

1 The cantons inform the Confederation of the conventions they spend between themselves or abroad. They informed Confederation before entering into a foreign convention. The Confederation and the cantons are seeking a consensual solution.

2 The obligation to inform does not apply to conventions:

A.
The purpose of which is the implementation of conventions already known to the Confederation;
B.
Which are primarily addressed to the authorities or who deal with technical or administrative matters.

1 Introduced by ch. I of the 7 Oct PMQ. 2005, in force since 1 Er June 2006 ( RO 2006 1265 ; FF 2004 6663 ).

S. 62 1 Procedure

1 The Confederation informs the public in the Federal Treaty on the conventions that have been brought to its attention.

2 The competent department shall examine whether a convention is not contrary to the law and the interests of the Confederation. It shall communicate the findings of its examination to the contracting cantons within two months of the publication of the information referred to in para. 1. The cantons which are not party to the Convention shall indicate their possible objections to the contracting cantons within the same time limit.

3 In case of objection, the department or the third-party cantons shall endeavour to reach an amicable agreement with the contracting cantons.

4 If no agreement can be reached, the Federal Council and the third cantons may lodge a complaint before the Federal Assembly within six months of the publication of the information referred to in para. 1.


1 Introduced by ch. I of the 8 Oct PMQ. 1999 ( RO 2000 289 ; FF 1999 7145 ). New content according to the c. I of the 7 Oct PMQ. 2005, in force since 1 Er June 2006 (RO 2006 1265; FF 2004 6663).

Chapter 4 15 Concentration of decision-making procedures

S. 62 A Consultation

1 If a law provides for projects concerning, for example, construction or installations, the concentration of several decisions in the hands of a single authority (single authority), the latter shall consult the relevant federal authorities Before rendering a decision.

2 The single authority shall consult the authorities concerned at the same time: if justified by particular reasons, it may consult them one after the other.

3 The single authority shall, as a general rule, specify a period of two months for the authorities concerned to decide.

4 The single authority and the authorities concerned shall determine by common accord the exceptional cases for which no consultation is required.

S. 62 B Discrepancy

1 If the authorities concerned issue contradictory opinions or if the single authority itself disagrees with the opinions expressed, it shall, within 30 days, organise an interview with the authorities concerned with a view to eliminating the divergences; May, for this purpose, appeal to other authorities or experts.

2 If the interview results in an agreement, the single authority is bound by the result that has been achieved.

3 If no agreement is reached, the single authority shall act; if major differences remain between units of the same department, the latter shall give instructions to the single authority on the arbitration to be rendered. If several departments are involved, they settle their differences between them. The reasons for the decision must reflect differing opinions.

4 The authorities concerned may defend their own point of view before an appeal authority, even after having been party to a procedure for the elimination of differences.

S. 62 C Delays

1 For each of the procedures, the Federal Council shall set a time limit for the approval of plans for buildings and installations.

2 If the single authority cannot meet this deadline, it shall inform the applicant accordingly and indicate the reasons and the period within which the decision will be taken.

Chapter 5 16 Tax Exemption and Protection of the Property of Confederation

S. 62 D Tax Exemption

The Confederation and its institutions, undertakings and non-autonomous foundations are exempt from any cantonal or communal tax, except for buildings which are not directly appropriated for public purposes.

S. 62 E Liability

1 The cantons respond to the Confederation of damage caused to its property due to public disorder.

2 The cantonal and communal provisions governing insurance obligations do not apply to the Confederation.

Chapter 6 17 Right of domicile

S. 62 F

The Confederation exercises its right of domicile in the buildings belonging to it.

Chapter 7 18 Final provisions

S. 63 Repeal of the Federal Act on the Organization and Management of the Federal and Federal Councils

Federal Act of 19 September 1978 on the organization and management of the Federal Council and the Federal Government 1 Is repealed.


1 [RO 1979 114, 1983 170,931 art. 59 ch. 2, 1985 699, 1987 226 Ch. II 2,808, 1989 2116, 1990 3 art. 1530 ch. II 1 1587 art. 1, 1991 362, 1992 2 art. 1 288 Annex c. 2,510 581 annex, c. 2, 1993 1770, 1995 978 4093 Annex c. 2 4362 art. 1 5050 Annex c. 1, 1996 546 Annex c. 1486 1498 Annex c. 1]

Art. 64 1

1 Repealed by c. I of the PMQ of 22 March 2002 on the adaptation of disp. Federal law in the field of organisation, with effect from 1 Er Feb 2003 ( RO 2003 187 ; FF 2001 3657 ).

Art. 1

1 Repealed by Art. 65 hp. 2 of the Act of 7 Oct. 2005 on finance, with effect from 1 Er May 2006 ( RO 2006 1275 ; FF 2005 5 ).

Art. 66 Referendum and entry into force

1 This Act is subject to an optional referendum.

2 The Federal Council shall fix the date of entry into force.

Annex

Amendment of Other Federal Statutes

... 1


1 The mod. Can be consulted at the OR 1997 2022.


State 1 Er January 2016