Rs 172.010 Law 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)

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172.010 law on the Organization of Government and administration (LOGA) of March 21, 1997 (Status January 1, 2016) the Federal Assembly of the Swiss Confederation, view of art. 173, al. 2, of the Constitution, given the message of the federal Council on 16 October 1996, stop: title 1 principles art. 1 Government federal Council's managerial and executive authority of the Confederation's supreme.
It consists of seven members.
He is assisted by the Chancellor of the Confederation.

Art. 2 Federal Government the Federal Government is subordinate to the federal Council. It consists of the departments and the Federal Chancellery.
The departments are organized into offices, which can be combined into groups. They have a general secretariat.
Content of the provisions governing its organization, the federal administration includes also decentralized administrative units.
Federal legislation may have administrative assignments to organizations and persons of public or private law who are external to the Federal Government.

Art. 3 principles of Government and federal administration the Council activity and federal administration Act based on the constitution and the law.
They seek the common good, defend the rights of citizens as well as the skills of the cantons, and encourage collaboration between the Confederation and the cantons.
Their activity is intended to achieve the objectives and meets the criteria of good management.

Art. 4 political responsibility the federal Council responsibilities collegial government.

Art. 5 control of the tasks of the Confederation the federal Council regularly reviews the tasks of the Confederation and their execution as well as the Organization of the Federal Government by applying the criteria of the necessity and compliance objectives arising from the constitution and the law. It develops, for the action of the State, forward-looking solutions.

Title 2 Chapter 1 the Council Government federal Section 1 functions art. 6 bonds Government the federal Council defines the objectives and the means of Government policy.
It gives priority to government bonds.
It takes all the necessary measures to ensure government activity at all times.
It maintains the unity of the Switzerland and encourages national solidarity while preserving the diversity inherent in federalism. It helps that the other organs of the State are able to run appropriately and timely tasks that their responsibilities by the constitution and the law.

Art. 7 legislation the federal Council directs the preliminary stage of the legislative procedure, the right of parliamentary initiative being reserved. He submits to the Federal Assembly draft constitutional amendments, laws and federal decrees, and enacts Ordinances, insofar as the constitution or the law authorizes.

Art. 7aConclusion of international treaties by the federal Council, the federal Council may conclude international treaties when such jurisdiction is attributed to him by federal law or by an international treaty approved by the Federal Assembly.
In addition, it can make only international treaties of minor scope.
Are considered to be minor scope including treaties the treaties which: a. do not create new obligations for the Switzerland or not result in waiver of existing rights; b. are for the implementation of previous treaties approved by the Federal Assembly and merely to clarify rights and obligations or the organizing principles that are already contained in the basic Treaty; c. go to the authorities and regulate administrative and technical issues.

Are not considered minor scope including treaties the treaties which: a. meet one of the conditions set out in art. 141, al. 1, let. d, of the Constitution for the application of the optional referendum on treaties; b. contain provisions whose object is the only competence of the cantons; c. cause a one-time expense over 5 million francs, or periodic expenses over 2 million francs per year.

Introduced by no II 3 of the annex to the LF Dec. 13. 2002 on Parliament, in effect since Dec. 1. 2003 (RO 2003 3543; FF 2001 3298 5181).
New content according to no I 1 of the Federal ACT on Sept. 26. 2014 on the competence to conclude international treaties of minor scope and provisional application of the international treaties in force since May 1, 2015 (RO 2015 969; FF 2012 6959).
Introduced by no I 1 of the Federal ACT of Sept. 26. 2014 on the competence to conclude international treaties of minor scope and provisional application of the international treaties in force since May 1, 2015 (RO 2015 969; FF 2012 6959).
Introduced by no I 1 of the Federal ACT of Sept. 26. 2014 on the competence to conclude international treaties of minor scope and provisional application of the international treaties in force since May 1, 2015 (RO 2015 969; FF 2012 6959).

Art. 7bApplication on an interim basis of international treaties by the federal Council if approval of an international treaty is the responsibility of the Federal Assembly, the federal Council may decide or agree to its provisional application if a particularly urgent and essential interests of the Switzerland required.
He gives up the provisional application if the competent committees of the two Councils are opposed.
On an interim basis of an international treaty will end if, within a period of six months from the beginning of the provisional application, the federal Council has not submitted to the Federal Assembly the draft federal decree approving the treaty concerned.
The federal Council shall notify the Contracting States the end of the provisional application.

Introduced by no I 1 of the Federal ACT of Oct. 8. 2004 on the provisional application of international treaties in force since Apr. 1. 2005 (RO 2005 1245; FF 2004 703 939).
Introduced by no I 1 of the Federal ACT of Sept. 26. 2014 on the competence to conclude international treaties of minor scope and provisional application of the international treaties in force since May 1, 2015 (RO 2015 969; FF 2012 6959).

Art. 7cOrdonnances on the safeguarding of the interests of the country the federal Council may rely directly on the art. 184, al. 3, of the Constitution to adopt an order when required by the interests of the country.
It limits the duration of validity of the order in an appropriate manner; This duration may not exceed four years.
It may extend the order once. If necessary, it shall cease to apply six months after the entry into force of its extension if the federal Council has not submitted to the Federal Assembly a project establishing the legal basis for its content.
In addition, the order expires in the following cases: a. the project provided for in para. 3 is rejected by the Federal Assembly; (b) the legal basis provided for in para. 3 enter into force.

Introduced by no I 1 of the Federal ACT of Dec. 17. 2010 on safeguarding democracy, the rule of law and the capacity for action in extraordinary situations, in force since May 1, 2011 (RO 2011 1381; FF 2010 1431 2565).

Art. federal 7dOrdonnances to preserve the external security or homeland Council can rely directly on the art. 185, al. 3, of the Constitution to enact a prescription to deal with existing or imminent problems seriously threatening public order, external security or homeland security.
The order shall lapse in the following cases: a. within a period of six months after 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 art. 173, al. 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 expected legal basis or the order of the Federal Assembly that replaces the obsolete order comes into force.

The order of the Federal Assembly under para. 2, let. a, point 2, shall cease to apply at the latest three years after its entry into force.

Introduced by no I 1 of the Federal ACT of Dec. 17. 2010 on safeguarding democracy, the rule of law and the capacity for action in extraordinary situations, in force since May 1, 2011 (RO 2011 1381; FF 2010 1431 2565).

Art. 7edecisions aiming to safeguard the interests of the country or to maintain external or internal security the federal Council can rely directly on the art. 184, al. 3, or 185, al. 3, of the Constitution for a decision when one of the following conditions is met: a. the interests of the country requires it; b. There is place to deal with existing or imminent problems seriously threatening public order, external security or homeland security.

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


Introduced by no I 1 of the Federal ACT of Dec. 17. 2010 on safeguarding democracy, the rule of law and the capacity for action in extraordinary situations, in force since May 1, 2011 (RO 2011 1381; FF 2010 1431 2565).

Art. 8 Organization and conduct of the Federal Government, the federal Council establishes a rational organization of federal administration and change it when necessary. To do this, it may derogate from legal organizational provisions, unless the Federal Assembly does expressly restrict its jurisdiction of organization.
He develops the effectiveness of federal administration and its capacity for innovation.
He has constant and systematic federal oversight.
According to special provisions, it controls administrative decentralized units as well as external bodies in the administration who are responsible for administrative tasks of the Confederation.
If appropriate, the federal Council sets the strategic objectives of the following become autonomous entities: a. persons of public or private law: 1. who do not belong to the central federal administration, 2. that have been created by federal law or whose capital and votes are held as a majority by the Confederation, 3 which are responsible for administrative tasks;

(b) of the ETH domain.

New content according to chapter I of the Federal ACT of 22 March 2002 on the adaptation of disp. federal law organisational, in effect since Feb. 1. 2003 (RO 2003 187; FF 2001 3657).
New content according to chapter I of the Federal ACT of 22 March 2002 on the adaptation of disp. federal law organisational, in effect since Feb. 1. 2003 (RO 2003 187; FF 2001 3657).
Introduced by section I 2 of the Federal ACT of Dec. 17. 2010 on the participation of the SSA. fed. flight of the entities become self-governing, in force since Jan. 1. 2012 (2011 5859 RO; FF 2010 3057 3095).

Art. 9 execution and jurisdiction the federal Council ensures the execution of normative acts and other decisions emanating from the Federal Assembly.
He exercises the administrative court in cases where the law assigns jurisdiction.

Art. 10 information federal Council provides information of the Federal Assembly, the cantons and the public.
It informs of a consistent, fast and continuous on his assessment of the situation, its planning, decisions and the measures it takes.
Special provisions for interests overriding, public or private, are reserved.

Art. 10aPorte-word of the federal Council, the federal Council designates a spokesperson among the members of the direction of the Federal Chancellery.
The spokesman of the federal Council: a. informs the public on behalf of the federal Council; b. advises the federal Council and its members on issues of information and communication; c. to co-ordinate information between the federal Council, the departments and the Federal Chancellery.

Introduced by chapter I of the Federal ACT of 24 March 2000 (RO 2000 2095; FF 1997 III 2324 1401, 1999). New content according to chapter I of the Federal ACT on Sept. 28. in force since Jan. 1, 2012. 2014 (2013 4549 RO; FF 2002 1979, 2010 7119).

Art. 11 public relations federal Council cultivates relationships with the public and inquires of the opinions of the population as well as its concerns.

Section 2 Procedures and Organization art. 12 principle of collegiality the federal Council takes its decisions as a collegial authority.
Members of the federal Council defend the decisions taken by the college.

Art. 12aDevoir of information members of the federal Council and the Federal Chancellor regularly inform the federal Council on their records, including on the risks and challenges they present.
The federal Council may require of its members and the Chancellor of the Confederation that they provide specific information.

Introduced by chapter I of the Federal ACT on Sept. 28. in force since Jan. 1, 2012. 2014 (2013 4549 RO; FF 2002 1979, 2010 7119).

Art. 13 proceedings for Affairs of great importance or political scope, the federal Council takes its decisions after deliberating in transit.
It can deal with the other through a simplified procedure.
The essential elements of the negotiations and the decisions of the federal Council are fully documented. The minutes of the meetings, instrument of the federal Council's management, ensuring traceability.

Introduced by chapter I of the Federal ACT on Sept. 28. in force since Jan. 1, 2012. 2014 (2013 4549 RO; FF 2002 1979, 2010 7119).

Art. 14 guidelines as needed, the federal Council lays the objectives and the broad lines needed to prepare business referred to in art. 13, al. 1 art. 15 procedure for reporting business that the federal Council must decide are submitted to members of the federal Council for reporting.
The Federal Chancellery regulates the procedure.

Art. 16 convocation to meetings of the federal Council is in session as often as necessary.
He is summoned by the Chancellor of the Confederation at the request of the president of the Confederation.
Each Member of the federal Council may request at any time that it should meet.
In an emergency, the president may derogate from the ordinary procedure of convocation and deliberation.

Art. 17 meetings and sessions special federal Council talks important business meetings and special sessions.

Art. 18 Chair and participants the Chairman of Confederation runs the meetings of the federal Council.
The Chancellor of the Confederation took part in the deliberations of the federal Council with a consultative vote. It may make proposals on the exercise of the powers of the Federal Chancellery.
The Vice-Chancellor shall attend meetings, unless otherwise decided by the federal Council.
Where it deems useful to its information, the federal Council invites executives and experts from the federal administration or outside to give their opinion.

New content of the sentence according to chapter I of the Federal ACT on Sept. 28. in force since Jan. 1, 2012. 2014 (2013 4549 RO; FF 2002 1979, 2010 7119).

Art. 19 decisions the federal Council cannot make a decision in the presence of four of its members at least.
He makes decisions by a majority of votes. Abstention is allowed, but any decision must bring together the voices of three members at least.
The president vote. In case of equality of votes, the vote counts double, except when it comes to appointments.

Art. 20 challenge members of the federal Council and the persons referred to in art. 18 to challenge when they have a direct personal interest in a case.
The disqualification provisions of the Federal Act of 20 December 1968 on administrative procedure shall apply decisions and remedies.

RS 172.021 art. 21 camera closed the deliberations of the federal Council and the procedure laid down in art. 15 are not public. The information about them is governed by art. 10 art. 22suppleance the federal Council nominates the Deputy of each head of Department.
Each Member of the federal Council shall take all steps so that in case of an unforeseen event, his Deputy quickly receives all necessary information on important cases and decisions to be taken.
Members of the federal Council and their alternates ensure that the transmission of business runs properly.

New content according to chapter I of the Federal ACT on Sept. 28. in force since Jan. 1, 2012. 2014 (2013 4549 RO; FF 2002 1979, 2010 7119).

Art. 23delegations of the federal Council the federal Council can, in some cases, be within its delegations. They generally have three members.
Delegations prepare the deliberations and decisions of the federal Council or deal, on behalf of the Government college, with other authorities, Swiss or foreign, or individuals. They are not able to decision-making.
Delegations regularly inform the federal Council of their deliberations.
The Federal Chancellery heads the secretariat, which is responsible to establish the minutes of the deliberations of delegations and maintaining the documentation.

New content according to chapter I of the Federal ACT on Sept. 28. in force since Jan. 1, 2012. 2014 (2013 4549 RO; FF 2002 1979, 2010 7119).

Art. 24 Organization for the surplus, the federal Council Ordinance regulates the exercise of its functions by way of order.

Chapter 2 the president of the Confederation art. 25 functions to the bosom of the Government the president of Confederation college heads the federal Council.
The president of the Confederation: a. ensure that the federal Council fulfils its obligations on time, efficiently and in a coordinated way; a. coordinates Affairs of great importance involving several departments or major for the country scope; b prepare the deliberations of the federal Council, establishes the list of items to consider and seeks to reconcile the points of view is there place; b. can charge a member of the Board federal submit , in a period of time, the federal Council an object given;

c. ensure that the federal Council organises and supervises the Federal Government effectively; d. may at any time request clarifications on specific cases and proposes measures that deems it appropriate to the federal Council.

Introduced by chapter I of the Federal ACT on Sept. 28. in force since Jan. 1, 2012. 2014 (2013 4549 RO; FF 2002 1979, 2010 7119).
New content according to chapter I of the Federal ACT on Sept. 28. in force since Jan. 1, 2012. 2014 (2013 4549 RO; FF 2002 1979, 2010 7119).
Introduced by chapter I of the Federal ACT on Sept. 28. in force since Jan. 1, 2012. 2014 (2013 4549 RO; FF 2002 1979, 2010 7119).

Art. 26 presidential decisions in case of emergency, the president of the Confederation has jurisdiction to order interim measures.
If it is not possible to join the federal Council in regular or special session, the president of the Confederation decides instead of this one.
Its decisions must be submitted after the fact to the ratification of the federal Council.
In addition, the federal Council may authorize the president of the Confederation to settle only cases of essentially formal nature.

Art. 27 acting vice-president of the federal Council is the Deputy president of the Confederation; It assumes all obligations of the president of the Confederation in case of impediment of it.
The federal Council may delegate certain functions of the president of the Confederation to the Vice President.

Art. 28 representation the president of the Confederation represents the federal Council in the country and abroad.

Art. 29 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 issues of common interest.

Art. Presidential 29aService the president of the Confederation has a presidential service which assists him in the exercise of its specific functions, including external relations, communication, Protocol, and organizational issues.
Presidential office is attached to the Federal Chancellery.

Introduced by chapter I of the Federal ACT on Sept. 28. in force since Jan. 1, 2012. 2015 (2013 4549 RO; FF 2002 1979, 2010 7119).

Chapter 3 the Chancellor of the Confederation art. 30 functions of the Federal Chancellor is the Chief of staff of the federal Council.
The Chancellor of the Confederation: a. attend the federal Council and the president of the Confederation in the performance of their duties; b. accomplishes the tasks entrusted by the constitution and the law with respect to the Federal Assembly.

Art. 31 organization the Federal Chancellor heads the Federal Chancellery, in the same way that a federal Councillor Head of his Department.
The Vice-Chancellors are the alternates of the Federal Chancellor.
The Organization and direction of the Federal Chancellery are governed, except contrary provisions of the federal Council, by the provisions which apply to the whole of the Federal Government, excluding those that relate to the general secretariats departments.

Art. 32 advice and assistance of the Federal Chancellor: a. advises and assists the president of the Confederation and the federal Council in the planning and coordination of Government Affairs; b. develops for the president of the Confederation of the work programme and the Affairs of the federal Council planning and monitors execution; c. participates in the preparation of the deliberations and meetings of the federal Council; He is responsible for the preparation of the minutes and the focus of the decisions of the federal Council; c. monitor, on behalf of the federal Council, the State of affairs of the latter and the mandates it receives from the Federal Assembly, as well as their hardware compatibility with the program of the legislature, the targets of the federal Council and other Confederation planning programs and may submit proposals to the Council in the event of new developments;. Eve that analysis continue and long term of the situation and the context is established and regularly reports to the federal Council; d. develop, in close collaboration with departments, the report of the federal Council to the Federal Assembly on the outline 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 general direction of the administration and is working to the monitoring thereof; (f) assists the federal Council in its relations with the Federal Assembly; (g) advises and supports the federal Council to detect situations that might lead to a crisis and for effective crisis management in time.

New content according to chapter I of the Federal ACT on Sept. 28. in force since Jan. 1, 2012. 2014 (2013 4549 RO; FF 2002 1979, 2010 7119).
Introduced by chapter I of the Federal ACT on Sept. 28. in force since Jan. 1, 2012. 2015 (2013 4549 RO; FF 2002 1979, 2010 7119).
Introduced by chapter I of the Federal ACT on Sept. 28. in force since Jan. 1, 2012. 2015 (2013 4549 RO; FF 2002 1979, 2010 7119).
Introduced by chapter I of the Federal ACT on Sept. 28. in force since Jan. 1, 2012. 2015 (2013 4549 RO; FF 2002 1979, 2010 7119).

Art. 33 coordination the Federal Chancellor coordinates interdepartmental business.
It assumes the Organization of interdepartmental coordination tasks to detect in time situations that might lead to a crisis and for effective crisis management.
To coordinate with the administration of the Parliament. He consulted including the Secretary general of the Federal Assembly on Affairs that directly affect the procedure or the Organization of the Federal Assembly or the Parliament Services, before that the federal Council or a service that is subordinated a decision. It may participate in the sessions of the administrative Delegation of the Federal Assembly with voice but without vote.

Introduced by chapter I of the Federal ACT on Sept. 28. in force since Jan. 1, 2012. 2015 (2013 4549 RO; FF 2002 1979, 2010 7119).
Introduced by section 3 of the annex to the Federal ACT of 8 October. 1999, in force since Jan. 1. 2000 (RO 2000 273; FF 1999 4471 5299).

Art. 33aDroit to information in the exercise of its powers, the Chancellor of the Confederation may require information from departments.

Introduced by chapter I of the Federal ACT on Sept. 28. in force since Jan. 1, 2012. 2014 (2013 4549 RO; FF 2002 1979, 2010 7119).

Art. In collaboration with departments, 34Information the spokesman of the federal Council takes the necessary measures for the information of the public.
The Chancellor of the Confederation ensures internal information between the departments and the federal Council.

New content according to chapter I of the Federal ACT of 24 March 2000, in effect since Sept. 1. 2000 (RO 2000-2095; FF 1997 III 2324 1401, 1999).

Title 3 Federal Chapter 1 Direction and principles of leadership art. 35 Executive federal Council and heads of Department head federal administration.
Each of the members of the federal Council heading a Department.
The federal Council allocates departments among its members, who are required to agree to the Department that they have been assigned.
The federal Council may at any time change the distribution of the departments.

Art. 36 principles of management the federal Council and heads of Department define the objectives of the Federal Government and set priorities.
When they delegate the direct execution of tasks working groups or units of the federal administration, they give them the skills and resources needed.
They make an appreciation of the benefits of the federal administration and periodically review the objectives they have set for him.
They should ensure that employees are chosen with care and ensuring continuous training place.

Chapter 2 the departments Section 1 the head of Art Department. 37 guidance and responsibility the Department head runs his Department under its political responsibility.
Head of Department: a. defines the outline of the management of the Department; b. delegates if necessary some departmental tasks to administrative units and employees who are subordinated; c. defines the Organization of the Department under this Act.

Art. 38 instruments of direction within the Department, the head of Department is always quality to give instructions, inspections and personally intervene in a case. Special provisions on certain administrative units or the assignment of certain skills by federal law are reserved.

Art. 38aConventions of benefits departments manage using annual service agreements: a. the central federal administration units; b. decentralized federal administration units who do not own accounting.

Federal control of the finances is excluded from the management service agreement. The federal Council may provide other exceptions.

If groups and offices manage administrative units with their own budget, the Department may delegate the competence to conclude agreements of benefits with these units.
In the service agreement, the tasks of the administrative units are spread across projects and benefits groups. They must include measurable objectives.
The units establish annually a report on the achievement of their objectives. At the beginning of each legislature program, they examine the structure and objectives of their service groups.

Introduced by section 2 of the schedule to the Federal ACT on Sept. 26. 2014 (new management model of the federal administration), in force since Jan. 1. 2016 (2015 1583 RO; FF 2014 741).

Art. 39 personal staff the head of Department may hire personal staff, which he defines the tasks.

Art. 40 information department head, in agreement with the Federal Chancellery, takes necessary measures to inform the public about the work of his Department; It designates those responsible for information.

Section 2 Secretariats General art. 41 status every Department has a general secretariat acting general staff Department. The general secretariat may also be responsible for other tasks.
The Secretary-General is the Chief of staff of the Department.

Art. 42 functions the general secretariat assists the head of the Department in planning, organizing and coordination of the activities of the Department as well as in the Affairs of its spring.
It assumes the task of supervision entrusted to it by the head of the Department, while his instructions.
It shall ensure that the planning and the activities of his Department are coordinated with those of other departments and of the federal Council.
He assists the head of the Department in the preparation of the federal Council's deliberations.

Section 3 the offices and groupings of offices art. 43 status and functions of the offices are the administrative units of the casework.
The federal Council determines, by order, the subdivision of the federal administration in offices. To the extent possible, it assigns to each office related fields and determines the tasks entrusted.
The federal Council allocates offices between departments according to the imperatives of management, of the connection between tasks and material and political balance. He can review this distribution at any time.
Heads of Department determine the structure of the offices in their Department. They can gather some offices in groups, with the approval of the federal Council.
For the rest, managers define the detailed structure of their office.

Art. 44 repealed by section 2 of the annex to the LF Sept. 26. 2014 (new management model of the federal administration), with effect from Jan 1. 2016 (2015 1583 RO; FF 2014 741).

Art. 45 direction and responsibility group and office managers are accountable to their superiors of management units that are subordinate to them and the execution of the tasks assigned to them.

Section 4 Secretaries of State art. 45aInvestiture and function the federal Council may invest the title of Secretary of State office or company managers of an important area of their Department. Offices and groups led by a Secretary of State may be designated by the name of Secretaries of State.
Secretaries of State assist and discharge heads of Department, especially in foreign relations.

Introduced by chapter I of the Federal ACT on Sept. 28. in force since Jan. 1, 2012. 2014 (2013 4549 RO; FF 2002 1979, 2010 7119).

Art. Temporary 46Attribution of the federal title of Secretary of State. the Council may temporarily assign the title of Secretary of State to members of the Federal Government when he gives them mandate to represent the Switzerland in international negotiations at the highest level.

New content according to chapter I of the Federal ACT on Sept. 28. in force since Jan. 1, 2012. 2014 (2013 4549 RO; FF 2002 1979, 2010 7119).

Chapter 3Emoluments art. 46a the federal Council issues regulations for the collection of fees for decisions and other services of the federal administration.
It sets the terms of the perception of the emoluments, in particular: a. the collection of fees procedure; b. the amount of the emoluments; c. liability in the case where several people are subject to the levy of fees; (d) the prescription of the right to recover the fees.

It shall set the fees taking into account the principle of equivalence and the principle of cost coverage.
It may make exceptions to the collection of fees if the decision or the service has an overriding public interest.

Title 4 skills, planning and coordination Chapter 1 art skills. 47 decisions according to its importance, a matter of the federal Council, a Department head or a group manager or office.
The federal Council rule by order the assignment of the power of decision to the administrative units in specific cases or specific areas.
If, in a particular case, there is conflict of competence between the departments, the president of the Confederation slice.
Higher administrative units and the federal Council may at any time take responsibility for a case for decision.
The mandatory provisions of the Judicature legislation concerning the allocation of skills are reserved. If the action is inadmissible before the federal Council, it may give directions to the competent authority of the Federal Government on how to interpret the law.
When it comes to decisions that can be appealed to the Administrative Tribunal federal, the file of the federal Council is assigned automatically to the relevant Department at the rate of the material. The appeals against the decisions of the federal Council referred to in art. 33, let. a and b of the Act of 17 June 2005 on the federal administrative court is reserved.

RS 173.32 new content according to section 9 of the annex to the Federal ACT of 17 June 2005 on the TAF, in force since Jan. 1. 2007 (RO 2006 2197 1069; FF 2001-4000).

Art. 48 power regulatory the federal Council may delegate to the departments the competence to lay down rules of law. It takes into account the scope of the proposed standard.
The delegation of such powers to groups and offices is allowed only if a federal law or a federal decree of General permits.

Art. 48aConclusion of international treaties the federal Council may delegate to a Department responsible for concluding an international treaty. With respect to international treaties of minor scope, it can also delegate this power to a group or to an office.
It shall report annually to the Federal Assembly of the treaties concluded by itself, by the departments, by groups or by offices. Only the Delegation of the management fees is informed of international treaties which, under art. 6 of the Act of 18 June 2004 on official publications, are not published.

Introduced by no II 3 of the annex to the LF Dec. 13. 2002 on Parliament, in effect since Dec. 1. 2003 (RO 2003 3543; FF 2001 3298 5181).
RS 170.512 new content according to No 1 of the annex to the LF Sept. 26. in force since Jan. 1, 2014. 2016 (2015 3977 RO; FF 2013 6325).

Art. 49 signature Department head may delegate competence to sign certain documents on its behalf: a. the Secretary general or his deputies; b. members of the leadership of the groups and boards that are subordinated; c. to other members of the general secretariat within the Department as an Appeals Board powers.

It may also delegate the right to sign decisions.
Group and office managers regulate the delegation of signature in their area of expertise.

New content according to section II 5 of the Federal ACT of 20 March 2008 relative to the formal update of federal law, in effect since August 1, 2008 (RO 2008 3437; FF 2007 5789).

Art. 50 relationships with outside the federal Council sets the principles that govern the relationship of the Federal Government with abroad.
Relations with Governments of the cantons are the responsibility of the federal Council and department heads.
As part of their skills, group and office managers have relationships directly with other authorities or services, federal, cantonal or communal, as well as with private individuals.

Chapter 2: planning and coordinating art. 51 planning departments, groups and agencies plan their activities as part of the general planning of the federal Council. Departments shall inform the federal Council of their planning.

Art. 52 coordination at the federal government level the Commission and its delegations so that the Federal Chancellery ensure coordination tasks that their obligations under the constitution and the law.

Art. 53 conference of Secretaries General


Chaired by the Chancellor of the Confederation, the Conference of Secretaries General directs the work of coordination within the Federal Government.
She assumes the coordination of tasks or cases that do not fall under any other body coordination, particularly in the context of the preparation of the Affairs of the federal Council.
The federal Council may charge it to address interdepartmental Affairs and prepare for him.
The Secretary general of the Federal Assembly may participate in the Conference of Secretaries-General, with a consultative vote.

Introduced by section 3 of the annex to the Federal ACT of 8 October. 1999, in force since Jan. 1. 2000 (RO 2000 273; FF 1999 4471 5299).

Art. 54 to the Conference of Heads of information information management Conference the spokesman of the federal Council and officials of the information of each Department. A representative of Parliament's Services may participate with voice but without vote.
The Conference of Heads of information covers common problems of the departments and the federal Council information; She coordinates and plans the information.
It is presided over by the spokesman of the federal Council.

New content according to chapter I of the Federal ACT of 24 March 2000, in effect since Sept. 1. 2000 (RO 2000-2095; FF 1997 III 2324 1401, 1999).
New content according to Chapter 3 of the annex to the Federal ACT of 8 October. 1999, in force since Jan. 1. 2000 (RO 2000 273; FF 1999 4471 5299).
New content according to chapter I of the Federal ACT of 24 March 2000, in effect since Sept. 1. 2000 (RO 2000-2095; FF 1997 III 2324 1401, 1999).

Art. 55. other permanent bodies of staff, planning and coordination the federal Council and departments may set up other conferences or independent administrative units responsible for tasks of planning, coordination and staff.

Art. 56 the federal Council interdepartmental working groups can load groups of work of interdepartmental tasks of limited duration.

Chapter 3 external Consultants and extra-parliamentary commissions Section 1 Consultants external art. 57...

The federal Council and departments may consult with organizations and people outside the federal administration.


Repealed by no I of the Federal ACT of March 20, 2008 (reorganization of the extra-parliamentary commissions), with effect from Jan 1. 2009 (RO 2008 5941; FF 2007 6273).
Repealed by no I of the Federal ACT of March 20, 2008 (reorganization of the extra-parliamentary commissions), with effect from Jan 1. 2009 (RO 2008 5941; FF 2007 6273).

Section extra-parliamentary 2Commissions art. 57a goal the extra-parliamentary commissions advise permanently the federal Council and the federal administration in the performance of their duties.
They make decisions where a federal law allows.

Art. 57b Conditions an extra-parliamentary commission can be established when the tasks: a. requires special knowledge not available to the Federal Government; b. requires early participation of the cantons or other media interested, VHF. should be entrusted to a unit of the decentralized federal administration, not bound by instructions.

Art. 57 c Constitution when the task can be accomplished adequately by a unit of the central federal administration or by an organization or an external person, you will give up a Commission.
The federal Council establishes extra-parliamentary commissions and appoints its members.
The term of office is four years.
In the event of vacancy, a replacement is appointed.

Art. 57(d) review the raison d'etre, tasks and composition of the extra-parliamentary commissions are reviewed every four years on the occasion of their full renewal.

Art. 57th Composition as a general rule, the extra-parliamentary commissions do not count more than fifteen members.
Both sexes, languages, regions, age groups and interest groups should be fairly represented in the committees, given the tasks at hand.
Members of the federal administration can be appointed as members of a commission in duly motivated cases.

Art. 57f Obligation to report its interest the members of the commissions must report their interests prior to their appointment. The federal Council shall issue implementing provisions.
Anyone who refuses to report its interests cannot be a member of a commission.

Art. 57gIndemnisation the federal Council sets uniform criteria for the compensation of the members of the commissions.
The amount of compensation is made public.

In effect since Jan. 1. 2010 (2009 6135 RO).

Chapter 4Traitement of Section 1 correspondence and Art. records management data 57 h any federal body within the meaning of federal law of June 19, 1992, on the protection of the data can manage a system of information and documentation for recording purposes, of management, indexing and control of correspondence and records. This system may contain sensitive data and profiles of personality when they emerge from the match or result from the nature of the case. Such a body can save personal data for the purpose: a. to deal with cases within its jurisdiction; b. to organize the flow of work; c. to see if it processes data relating to a person determined; d. to facilitate access to documentation.

Only employees of the organ concerned have access to personal data, and only insofar as these data are necessary for the performance of their tasks.
The federal Council enacts provisions for running on the Organization and operation of these systems of information and documentation, as well as on the protection of personal data stored.

Formerly art. 57. SR 235.1 Section 2Traitement of personal data related to the use of electronic infrastructure art. 57i report with other federal laws the provisions of this section shall not apply when another federal law regulates the processing of personal data related to the use of the electronic infrastructure.

Art. 57j principles federal bodies within the meaning of the Federal Act of 19 June 1992 on data protection are not allowed to record and analyze the personal data related to the use of their electronic infrastructure or electronic infrastructure which they have delegated operation, unless the pursuit of the goals provided for in art. 57l at 57o requires it.
The processing of data within the meaning of this section may also include sensitive data or personality profiles.

RS 235.1 art. 57 k electronic Infrastructure electronic infrastructure includes all of the fixed or mobile equipment that can save personal data, in particular: a. computers, network components and software; (b) the data media; c. telephone sets; d. printers, scanners, fax machines and the photocopiers e. working time entry systems; f. facilities management systems at the entrance and inside premises; g. geolocation systems.

Art. 57 the recording of personal data federal bodies can save personal data related to the use of their electronic infrastructure for the following purposes: a. all personal data, including those pertaining to the content of the e-mail, to ensure their security (backup copies); b. data resulting from the use of the electronic infrastructure: 1. to maintain the security of information and services 2. for the technical maintenance of the electronic infrastructure, 3. to monitor compliance with the regulations of use, 4. to track the access to the files, 5. to charge costs to each unit of account assignment;

c. data on the working time of employees, to manage the working time of staff; d. data on the presence of persons in the premises of the Confederation as well as the inputs and outputs, to ensure the security.

Art. 57 m analysis are not related to people the recorded data can be analyzed without people in the goals referred to in art. l. 57, art. 57n not rated analysis pertaining to the people saved data can be analyzed in connection with people, but in a way not rated, when the analysis takes place survey and for the following purposes: a. controlling the use of the electronic infrastructure; b. control the working time of staff.

Art. 57o nominal analysis pertaining to the people the recorded data can be analyzed in connection with people and in a nominal way in the following: a. elucidate a concrete suspicion of misuse or continue a misuse case; b. analyse disturbances of the electronic infrastructure, remedy or the concrete threats she suffered; c. providing essential services; d. Enter the services performed and Bill; e. control the working time of persons.

An analysis of data according to para. 1, let. a, can be carried out only:

a. by the organs of the Federal Government; b. after written information of the person concerned.

Art. 57p Prevention of abuses the federal body takes technical and organisational measures necessary to prevent abuse.

Art. 57q enforcement provisions the federal Council sets including: a. recording, conservation and destruction of the data; b. the treatment procedure c. data access; (d) the technical and organisational measures to ensure data security.

Data can be retained only as long as is necessary.
Unless otherwise provided by an order of the Federal Assembly, the present enforcement provisions apply to data concerning members of the Federal Assembly or the Services of Parliament staff.

Title 5 miscellaneous provisions and final chapter 1 status legal art. 58 seat the city of Bern is the seat of the federal Council, the departments and the Federal Chancellery.

Art. 59 residence of members of the federal Council and the Federal Chancellor members of the federal Council and the Federal Chancellor can set freely the place of residence; However, they need to join the headquarters of the authority at short notice.

Art. 60 incompatibility of the function members of the federal Council and the Federal Chancellor may assume any other duties in the service of the Confederation or a canton, or engage in other professional or commercial activity.
They can not exercise the functions of Director, Manager or member of the administration, supervision or control of an organization with an economic activity.
It is forbidden to members of the federal Council, as well as the Chancellor of the Confederation, to exercise an official function for a foreign State, as well as to accept securities or decorations granted by foreign authorities.

Introduced by section I 2 of the Federal ACT of 23 June 2000 on titles and decorations awarded by foreign authorities, in effect since Feb. 1. 2001 (RO 2001 114; FF 1999 7145).

Art. 61incompatibilite for the person may not simultaneously be members of the federal Council: a. two people United by marriage, bound by a partnership registered or in fact a married life; (b) parents, including relatives by marriage in the direct line and up to the fourth degree in the collateral line; c. two people whose spouses or registered partners are brothers and sisters.

The Chancellor of the Confederation cannot have a relationship within the meaning of para. 1 with one of the members of the federal Council.

New content according to section 4 of the annex to the Federal ACT of 18 June 2004 on the partnership, in effect Jan 1. 2007 (RO 2005 5685; FF 2003-1192).

Art. 61 introduced by no II 3 of the annex to the LF Dec. 13. 2002 Parliament (RO 2003 3543; FF 2001 3298 5181). Repealed by no 2 of the annex to the Federal ACT of June 17, 2011 (review of requests to lift the immunity), with effect from Dec. 5. 2011 (2011 4627 RO; FF 2010 6719 6759).

Chapter 2 approval of the cantonal legislative acts art. 61b If a federal law, the cantons submit their laws and their orders to the approval of the Confederation; the approval is a condition of validity.
In the absence of litigation, approval is given by the departments.
In case of dispute, the federal Council decides. It can also give a matching approval of a reserve.

Formerly art. 62, then art. 61. new content according to chapter I of the Federal ACT of 7 October. 2005, in force since June 1, 2006 (RO 2006 1265; FF 2004 6663).

Chapter 3 Information on the agreements concluded by the cantons among themselves or with foreign art. 61cDevoir of information cantons inform the Confederation of the conventions they spend with each other or with other countries. They inform the Confederation before concluding an agreement with foreign countries. The Confederation and the cantons are seeking a consensual solution.
The obligation to notify does not apply to the conventions: a. who to subject the execution of agreements including the Confederation has already knowledge; b. that cater primarily to the authorities or who settle technical or administrative issues.

Introduced by chapter I of the Federal ACT of 7 October. 2005, in force since June 1, 2006 (RO 2006 1265; FF 2004 6663).

Art. 62procedure the Federal Government informs the public in the Federal Gazette on the conventions which have been brought to its attention.
The competent Department examines if an agreement is not contrary to the law and the interests of the Confederation. The contracting cantons shall inform the findings of its review within two months following the publication of the information referred to in para. 1. the cantons that are not party to the convention report their possible objections to the townships contracting within the same period.
In case of objection, the Department or the third cantons strive to reach consensus amicably with the townships contracting.
If no agreement can be found, the federal Council and third cantons can file a claim to the Federal Assembly within six months following the publication of the information referred to in para. 1. introduced by chapter I of the Federal ACT of 8 October. 1999 (RO 2000 289; FF 1999 7145). New content according to chapter I of the Federal ACT of 7 October. 2005, in force since June 1, 2006 (RO 2006 1265; FF 2004 6663).

Chapter 4Concentration of the procedures for drafting decisions art. 62A Consultation if a law provides, for projects concerning, for example, buildings or facilities, the concentration of several decisions in the hands of a single authority (authority), the latter consults with the federal authorities concerned before making its decision.
The single authority simultaneously consults the authorities concerned: if special reasons so warrant, it can view them one after the other.
The single authority generally sets a deadline of two months to the authorities concerned to decide.
Unique authority and authorities concerned determine by mutual agreement the exceptional cases for which no consultations are required.

Art. 62b Elimination of differences so authorities issue conflicting advice or if the single authority is itself in disagreement with the views expressed, it organizes within 30 days an interview with authorities concerned to eliminate differences; She can appeal to this end, to other authorities or experts.
If the maintenance lead to an agreement, the single authority is bound by the result that emerged.
If no agreement is reached, the single authority statue; If major differences still exist between units of the same Department, the latter gives instructions to the unique authority on arbitration to make. If several departments are concerned, they settle their differences between them. The reasons for the decision must account for differing opinions.
The authorities concerned can defend their own point of view before an Appeals Authority, even after having been party to a process of elimination of differences.

Art. for each of the procedures, 62 times the federal Council sets a deadline for approval of the plans of buildings and facilities.
If the single authority cannot meet the deadline, it shall inform the applicant and tells him the reason and the period in which the decision will be taken.

Chapter tax 5exoneration and protection of the property of the Confederation art. 62d exemption tax the Federal Government and its institutions, enterprises and non-independent foundations are exempt from any tax cantonal or communal level, with the exception of the buildings that are not directly assigned to public purposes.

Art. 62nd responsibility the cantons meet towards the Confederation of damage to his property as a result of disturbance of public order.
The cantonal and communal provisions governing insurance obligations shall not apply to the Confederation.

Chapter 6right of home art. 62F the Confederation exercises its right of domicile in buildings that belong to him.

Chapter 7Dispositions final art. 63 repeal of the Federal law on the Organization and management of the federal Council and the federal administration, the Federal law of 19 September 1978 on the Organization and management of the federal Council and federal administration is repealed.

[RO 1979 114, 1983 170 931 article 59 1993 1770, 1995 978 4093 annex 2 4362 art. 1 5050 annex ch. 1 ch., ch. 2, 1985 699, 1987 226 ch II 2 808, 1989 2116, 1990 3 art. 1 1530 ch. II 1 1587 art. 1, 1991 362, 1992 2 art. 1 288 annex 2 510 581 annex ch. 2 ch.] [, 1996 546 annex ch. 1-1486-1498 annex c. 1] art. 64 repealed by chapter I of the Federal ACT of 22 March 2002 on the adaptation of disp. federal law for the organisation, with effect from Feb. 1. 2003 (RO 2003 187; FF 2001 3657).

Art. 65 repealed through art. 65 No 2 of the law of 7 October. 2005 on finances, with effect from May 1, 2006 (RO 2006 1275; FF 2005 5).

Art. 66 referendum and entry into force the present law is subject to optional referendum.
The federal Council shall determine the date of entry into force.

Appendix Modification of other federal laws...

Mod. can be found at the RO 1997 2022.

Status January 1, 2016

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