Key Benefits:
On 13 December 2002 (State 1 Er March 2016)
This Act governs:
1 The National Council and the Council of States meet regularly in ordinary session.
2 Each council may decide to meet in special session if the ordinary sessions do not allow it to process all the objects ready for treatment.
3 A quarter of the members of one of the Councils or the Federal Council may request the convening of the Councils or the Federal Assembly (Chambers meeting) in extraordinary session for the purpose of examining the following objects:
4 The councils meet, as a general rule, during the same weeks in ordinary or special session. 2
1 New content according to the c. I of the LF of 21 June 2013 (Improvement of the organisation and procedures of Parliament), in force since 25 November 2013 ( RO 2013 3687 ; FF 2011 6261 6297).
2 Introduced by ch. I of the LF of 21 June 2013 (Improvement of the organisation and procedures of Parliament), in force since 25 November 2013 ( RO 2013 3687 ; FF 2011 6261 6297).
1 Each member of the Federal Assembly takes the oath or solemn promise before taking office.
2 Persons elected by the Federal Assembly (Houses meeting) shall take the oath or solemn promise to the Federal Assembly (Houses meeting) immediately after their election, unless otherwise provided by law.
3 Any elected official who refuses to take an oath or make a solemn promise renounces his office.
4 The oath is as follows: "I swear to the all-powerful God to observe the Constitution and the laws and to fulfil in conscience the duties of my office."
5 The formula of the solemn promise reads: "I promise to observe the Constitution and the laws and to fulfil in conscience the duties of my office."
1 The meetings of the councils and the Federal Assembly (Chambers meeting) are public. The proceedings are published in full in the Official Gazette of the Federal Assembly. The terms of publication shall be fixed by an order of the Federal Assembly.
2 If major interests relating to the security of the country are at stake or to ensure the protection of the personality, it may be requested that the deliberations take place behind closed doors. Can make such a request:
3 The deliberations on that application were held in camera.
4 Anyone who takes part in a closed-door deliberation is obliged to keep the secrecy of the statements made in it.
1 The Councils and their bodies shall inform the public of their work in good time and in detail, to the extent that there is no overriding public or private interest therein.
2 The use of audiovisual recordings of the debates of the councils and the accreditation of journalists shall be governed by ordinances of the Federal Assembly or by the regulations of the Councils.
1 Any member of the Federal Assembly (MP) has the right to table parliamentary initiatives and interventions and to nominate candidates for election.
2 It may submit proposals concerning pending objects or the procedure.
3 The regulations of the councils may restrict the right to request speech and speaking time.
4 A parliamentary initiative, a motion or a disputed postulate may be the subject of a vote only if the author has had the opportunity to develop his or her arguments orally. The floor is also granted at least to anyone who has been the first to propose the rejection of the text in question. 1
1 Introduced by ch. I of the LF of 21 June 2013 (Improvement of the organisation and procedures of Parliament), in force since 25 November 2013 ( RO 2013 3687 ; FF 2011 6261 6297).
1 To the extent that the exercise of its parliamentary mandate so requires, any member of Parliament may ask the Federal Council and the federal government to provide information and to open their records on any matter relevant to the Confederation.
2 A Member may be denied information:
3 In the event of a discrepancy between a Member of Parliament and the Federal Council on the extent of the right to information, the Member may refer the matter to the Presidential College of the Council to which he belongs. The college leads the mediation between the MP and the Federal Council.
4 The Presidential College finally decides when a Member of Parliament and the Federal Council disagree on the need for information for the exercise of the parliamentary mandate.
5 When the Federal Council disagrees with a Member of Parliament on the right of the Member to be informed (para. 2) and that the mediation of the Presidential College remains unsuccessful, he may submit a report rather than open his files.
6 In preparing its mediation, the Presidential College can consult all the files of the Federal Council and the federal government that are useful to it.
1 New content according to the c. I of the PMQ of 17 June 2011 (Precision of the right to information of supervisory committees), in force since 1 Er Nov 2011 ( RO 2011 4537 ; FF 2011 1727 1749).
2 New content according to the c. I of the PMQ of 17 June 2011 (Precision of the right to information of supervisory committees), in force since 1 Er Nov 2011 ( RO 2011 4537 ; FF 2011 1727 1749).
Members are required to observe the secrecy of the function on all the facts of which they have been informed in the course of their parliamentary activity and which must be kept secret or be treated confidentially in order to preserve interests Preponderant public or private, in particular to guarantee the protection of the personality or not to interfere in an ongoing procedure.
The Confederation pays Members per diems and contributions to cover the costs resulting from their parliamentary activity. The terms and conditions are set out in the Act of 18 March 1988 on the means allocated to parliamentarians 1 .
Members of Parliament are required to participate in the meetings of the Board and the committees of which they are members.
1 When he or she takes office and at the beginning of each calendar year, any Member states in writing to the office:
2 The Services of Parliament shall establish a public register of the particulars provided by the Members.
3 Any Member whose personal interests are directly affected by a deliberation object is obliged to report it when he or she speaks on that subject on the board or in committee.
4 Professional secrecy within the meaning of the Criminal Code 1 Is reserved.
1 When exercising high surveillance within the meaning of s. 26, members of committees or delegations shall recuse themselves when they have a direct personal interest in an object subject to deliberation or that their impartiality may be called into question for other reasons. The defence of political interests, in particular on behalf of communities, parties or associations, is not grounds for objection.
2 In the contested cases, the committee or delegation concerned shall finally decide on the objection after hearing the Member concerned.
1 Introduced by ch. I of the PMQ of 17 June 2011 (Precision of the right to information of supervisory committees), in force since 1 Er Nov 2011 ( RO 2011 4537 ; FF 2011 1727 1749).
It is forbidden for members of councils to carry out an official function for a foreign state and to accept titles and decorations granted by foreign authorities.
1 If, despite the first order of order, a Member continues to violate the order or procedural requirements, the Presiding Officer may:
2 If a Member is in serious breach of the order or procedural requirements, or if he infringes the secrecy of office, the office of the relevant Council may:
3 If the Member contests the validity of the sanction, the Board shall act.
Cannot be members of the Federal Assembly:
1 New content according to the c. II 2 of the Annex to the LF of 19 March 2010 on the organisation of the criminal authorities, in force since 1 Er Jan 2011 ( RO 2010 3267 ; FF 2008 7371 ).
1 Any person who is required to choose between his or her parliamentary term of office and a function that is inconsistent with that mandate under s. 14, let. A, declare which of the two charges it intends to exercise.
2 Any person who is required to choose between his or her parliamentary term of office and a function that is inconsistent with that mandate under s. 14, let. B to f, is automatically stripped of its mandate within six months from the date on which the incompatibility has been established if it has not relinquished the relevant function in the meantime.
No Member can be held legally responsible for what he says before the councils or their bodies.
1 A Member who is suspected of having committed an offence in relation to his or her parliamentary duties or activities may only be prosecuted with the authorization of the competent committees of the two Councils. The competent committee of each of the Councils shall be designated by their respective regulations.
2 If justified by special circumstances, the competent committees may entrust the criminal authorities of the Confederation with the task of investigating and prosecuting offences under the jurisdiction of the cantonal court.
3 The Federal Assembly (Houses meeting) may elect an Extraordinary General Prosecutor.
4 If a request is manifestly unfounded, the chairmen of the competent committees may, by mutual agreement, liquidate the case themselves.
1 New content according to the c. I of the LF of 17 June 2011 (Consideration of requests to lift immunity), in force since 5 Dec. 2011 ( RO 2011 4627 ; FF 2010 6719 6759).
1 The request to waive the immunity of a Member is first examined by the competent committee of the Council of which it is a member.
2 If the decisions of the two committees diverge as regards the entry into question on the request to waive immunity or as regards the waiver of immunity itself, a procedure for the elimination of divergences is opened. The second refusal by one of the commissions is deemed final.
3 The committees may validly release only if the majority of their members are present. A quorum must be established.
4 The committees shall proceed to the hearing of the Member concerned. It cannot be represented, nor can it be accompanied by a third party.
5 The decision of the committees is final.
6 As soon as a committee has communicated its decision to the Member concerned, the information shall be made public. Members of both Councils shall be informed simultaneously in writing.
7 If the Member in question is a member of one of the competent committees, he will recuse.
1 Introduced by ch. I of the LF of 17 June 2011 (Consideration of requests to lift immunity), in force since 5 Dec. 2011 ( RO 2011 4627 ; FF 2010 6719 6759).
1 The lifting of the secrecy of posts and telecommunications within the meaning of Art. 321 Ter Penal Code 1 Is subject to the approval of the Council Presidencies when this measure is intended to:
2 L' al. 1 shall apply mutatis mutandis where other measures of investigation or prosecution are necessary in respect of a Member of Parliament in order to carry out an initial examination of the facts or the preservation of the evidence.
3 As soon as the measures authorised by the presidential colleges have been implemented, it is necessary to request from the competent committees of both councils the authority to initiate criminal measures in accordance with Art. 17, unless the prosecution is suspended. 2
4 No arrest may take place without the authorisation of the competent committees of the two Councils. 3
1 RS 311.0
2 New content according to the c. I of the LF of 17 June 2011 (Consideration of requests to lift immunity), in force since 5 Dec. 2011 ( RO 2011 4627 ; FF 2010 6719 6759).
3 New content according to the c. I of the LF of 17 June 2011 (Consideration of requests to lift immunity), in force since 5 Dec. 2011 ( RO 2011 4627 ; FF 2010 6719 6759).
1 The presidential colleges deliberate together and behind closed doors. The authorization provided for in s. 18 shall be granted only with the consent of at least five members.
2 The authorisation to lift the secrecy of posts and telecommunications may not be granted until the competent authority has ordered surveillance in accordance with Art. 7 of the Federal Act of 6 October 2000 on the monitoring of correspondence by post and telecommunications 1 .
1 During the sessions, no Member may be prosecuted for a crime or offence which does not directly relate to his or her parliamentary functions or activities, without written consent or the competent committee of the Council of which he is Member gave permission. The competent committee of each of the Councils shall be designated in their respective regulations. 1
2 Preventative arrest is reserved when there is a presumption of leakage and, in the event of a crime, when there is a crime. The authority which orders it must, however, within 24 hours, request direct authorisation from the competent committee of the Council of which the Member concerned is a member, unless the latter has consented to it in writing. 2
3 If, at the opening of a session, a Member of Parliament is already prosecuted for one of the offences referred to in paras. 1 and 2, he may ask the relevant board of the board of which he is a member to extend or cancel the subpoenas at hearings. The request shall not have suspensory effect. 3
4 The right to participate in the sessions shall not be invoked when it is a sentence of deprivation of liberty, delivered by a judgment in force and whose execution has been ordered out of session.
1 New content according to the c. I of the LF of 17 June 2011 (Consideration of requests to lift immunity), in force since 5 Dec. 2011 ( RO 2011 4627 ; FF 2010 6719 6759).
2 New content according to the c. I of the LF of 17 June 2011 (Consideration of requests to lift immunity), in force since 5 Dec. 2011 ( RO 2011 4627 ; FF 2010 6719 6759).
3 New content according to the c. I of the LF of 17 June 2011 (Consideration of requests to lift immunity), in force since 5 Dec. 2011 ( RO 2011 4627 ; FF 2010 6719 6759).
If there is disagreement on the need to obtain an authorization under s. 17 to 20, the body competent to grant the decision.
1 The Heritage Liability of the Member in the performance of his duties shall be governed by the Law of 14 March 1958 on Liability 1 .
2 Where the Member's liability is incurred in accordance with s. 7 and 8 of the Act of 14 March 1958 on Liability, the Administrative Delegation slice.
3 The Member may challenge the decision of the Administrative Delegation to the Federal Court.
1 The Federal Assembly enacts in the form of a federal law all important provisions that lay down rules of law.
2 The Federal Assembly may make other provisions which lay down rules of law in the form of a law or, if permitted by the Constitution or the law, in the form of an order of the Federal Assembly.
3 Before laying down rules of law, the Federal Council shall consult the relevant committees of the Federal Assembly, when requested, and provided that there is no urgency.
4 Rules of law shall be deemed to lay down the general and abstract provisions of direct application which create obligations, confer rights or confer competences.
The Federal Assembly submits amendments to the Constitution to the vote of the people and the cantons in the form of a federal decree.
1 The Federal Assembly follows developments in the international situation and participates in the decision-making process on important external policy issues.
2 It approves international treaties, with the exception of those whose conclusion is the sole responsibility of the Federal Council under an international law or treaty approved by the Federal Assembly.
3 It approves international treaties in the form of a federal decree, when they are submitted to a referendum and in the form of a simple federal decree, when they are not.
4 It participates in the work of international parliamentary assemblies and maintains close relations with foreign parliaments.
1 The Federal Assembly adopts the charges and the investment expenditure by means of the budget and its supplements. 1 It shall adopt new appropriations for commitments and expenditure ceilings previously authorised and not used by means of the budget and its supplements, or by means of separate orders. It approves the state account.
2 It takes the decisions concerned in the form of simple federal orders.
3 It sets out the credit decisions, the purpose and the amount of the credit. It can also define the framework conditions for the use of the credit, the timetable for the implementation of the project and the minutes of the Federal Council. 2
1 New content according to Art. 65 hp. 1 of the 7 Oct PMQ. 2005 on finances, in force since 1 Er May 2006 ( RO 2006 1275 ; FF 2005 5 ).
2 Introduced by Art. 65 hp. 1 of the 7 Oct PMQ. 2005 on finances, in force since 1 Er May 2006 ( RO 2006 1275 ; FF 2005 5 ).
1 The Federal Assembly exercises high supervision over the management of the Federal Council and the Federal Government, the Federal Courts, the Supervisory Authority of the Public Prosecutor's Office, the Public Prosecutor's Office and the Federal Government. Other bodies or persons entrusted with the tasks of the Confederation. 1
2 It exercises high financial supervision as part of the art. 8 of the Federal Law of 28 June 1967 on the Federal Audit Office 2 .
3 The Federal Assembly exercises high surveillance in accordance with the following criteria:
4 High monitoring does not confer jurisdiction to rescind or vary a decision. There can be no control over the substance of judicial decisions or the decisions of the Public Prosecutor's Office of the Confederation. 3
1 New content according to the c. II 2 of the Annex to the LF of 19 March 2010 on the organisation of the criminal authorities, in force since 1 Er Jan 2011 ( RO 2010 3267 ; FF 2008 7371 ).
2 RS 614.0
3 New wording of the sentence as per c. II 2 of the Annex to the LF of 19 March 2010 on the organisation of the criminal authorities, in force since 1 Er Jan 2011 ( RO 2010 3267 ; FF 2008 7371 ).
The organs of the Federal Assembly covered by the law ensure that the effectiveness of the measures taken by the Confederation is evaluated. To this end, they can:
1 The Federal Assembly participates:
1bis Within this framework, the Federal Assembly performs the following tasks:
2 Policy and planning orders are preliminary decisions that set out the objectives to be achieved, the principles or criteria to be met, or the measures to be taken.
3 The orders of principle and planning are taken in the form of a simple federal decree. If they are of major significance, they may be taken in the form of a federal order.
4 If the Federal Council deviates from a mandate or an order of principle and planning, it must state the reasons.
1 RS 172.010
2 New content according to the c. I 1 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).
3 Introduced by ch. I 1 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).
1 The Federal Assembly lays down in the form of a simple federal decree specific acts which are not subject to the referendum.
2 The special acts of the Federal Assembly for which neither the Constitution nor a federal law provide the necessary legal basis are adopted in the form of a federal decree subject to the referendum.
The Federal Assembly exercises the other powers conferred upon it by the Constitution and the federal legislation.
The organs of the Federal Assembly are:
1 The Federal Assembly is based in Bern.
2 Exceptionally, it may decide by way of a simple federal decree to sit elsewhere than in Berne.
1 The National Council and the Council of States shall be convened by their respective offices.
2 The Federal Assembly (Chambers meeting) is convened by the Coordination Conference.
3 The President of the National Council or, if he is prevented from doing so, the President of the Council of States, is required to convene the Councils when the safety of the federal authorities is compromised or the Federal Council is no longer in a position to exercise its authority.
The presidential college of each council consists of the president, the first vice president and the second vice president.
1 Each council establishes an office in charge of its management and other matters relating to it.
2 The office of each council consists of the members of the president's college and other members designated by the council regulations.
3 The rights and obligations of the offices are identical to those which are vested in the committees by this Law.
Each council is given a regulation that specifies its organization and the rules of procedure.
1 The Coordination Conference shall consist of the Bureau of the National Council and the Bureau of the Council of States.
2 The Coordination Conference shall exercise the following powers:
3 The Federal Council may participate in the deliberations, with a consultative vote.
4 Decisions of the Coordination Conference shall be subject to the approval of the Bureaux of the two Councils. The appointment provided for in para. 2, let. D, shall be held by an absolute majority of the voters.
5 The Coordination Conference, which is extended to the chairpersons of the committees of the two external policy boards, plans and coordinates the external relations of the Federal Assembly. The chairpersons of other bodies of the Federal Assembly concerned are invited to attend with a consultative vote.
1 New content according to the c. I of the LF of 21 June 2013 (Improvement of the organisation and procedures of Parliament), in force since 25 November 2013 ( RO 2013 3687 ; FF 2011 6261 6297).
1 The Administrative Delegation shall consist of three members of the Bureau of each Council appointed by the Coordination Conference. The Administrative Delegation shall appoint one of its members to assume the functions of a delegate. She is self-represented.
2 The Administrative Delegation assumes the supreme leadership of the administration of Parliament.
3 The Administrative Delegation shall take its decisions by a majority of the voters.
1 The Bureau of the Federal Assembly consists of the two councils' presidential colleges.
2 The office shall be chaired by the President of the National Council or, if prevented, by the President of the Council of States.
3 The Bureau prepares the meetings of the Federal Assembly.
4 It may set up committees of the Federal Assembly (Chambers meeting). These consist of twelve members of the National Council and five members of the Council of States.
1 The Commission on Pardons and Conflicts of Expertise is conducting a preliminary examination of the use of pardon applications and conflicts of jurisdiction between the supreme authorities of the Confederation.
2 It alternately elects a member of the National Council and a member of the Council of States.
3 It transmits recourse through the Federal Council for report and proposal.
4 It can consult the case and trial files as well as the judgment.
1 The Judicial Commission is competent to prepare for the election and dismissal of the following persons:
2 The Judicial Commission shall open the open competitions to the vacant posts of judges, the Attorney General of the Confederation and Deputy Prosecutors General of the Confederation. To the extent that the law permits the part-time exercise of the function, the entry into the competition indicates the activity rate. 3
3 The Judicial Commission shall submit to the Federal Assembly (Houses meeting) its proposals for the election and revocation of the persons referred to in para. 1. 4
4 It shall set out the details of the working reports of the Judges, the Attorney General of the Confederation and the Deputy Prosecutors General. 5
5 Each group is entitled to at least one seat in the committee.
6 If the Management Commissions or the Delegation of Finance make findings that seriously affect the professional or personal suitability of the Attorney General of the Confederation, an alternate attorney general or a judge, they Communicate them to the Judicial Commission. 6
1 Introduced by ch. II of the LF of 13 Dec. 2002, effective from 1 Er August 2003 ( RO 2003 2119 ; FF 2001 4000 , 2002 1128).
2 New content according to the c. II 2 of the Annex to the LF of 19 March 2010 on the organisation of the criminal authorities, in force since 1 Er Jan 2011 ( RO 2010 3267 ; FF 2008 7371 ).
3 New content according to the c. II 2 of the Annex to the LF of 19 March 2010 on the organisation of the criminal authorities, in force since 1 Er Jan 2011 ( RO 2010 3267 ; FF 2008 7371 ).
4 RO 2010 6385
5 New content according to the c. II 2 of the Annex to the LF of 19 March 2010 on the organisation of the criminal authorities, in force since 1 Er Jan 2011 ( RO 2010 3267 ; FF 2008 7371 ).
6 New content according to the c. II 2 of the Annex to the LF of 19 March 2010 on the organisation of the criminal authorities, in force since 1 Er Jan 2011 ( RO 2010 3267 ; FF 2008 7371 ).
1 Except as otherwise provided in this Law, the procedure of the Federal Assembly (Houses meeting) shall be governed by the Rules of Procedure of the National Council, which shall apply mutatis mutandis.
2 The deputy returning officers and deputy returning officers of the two councils shall establish the results of the elections and the votes.
3 If the regulation of the National Council is not applicable, the Federal Assembly may make its own rules.
1 Each Council shall constitute the standing committees provided for by the Law and by its own Rules of Procedure.
2 In exceptional cases, councils may establish special commissions.
1 The office of each council designates the members of the committees as well as the members of their presidential colleges (President and Vice-President).
2 Unless otherwise provided by law, the Coordination Conference shall designate the chairpersons and vice-chairmen of the joint committees of the two Councils and the committees of the Federal Assembly (Chambers meeting). The Chairperson and the Vice-Chairperson shall not be members of the same Board.
2bis The Coordination Conference shall ensure that the President of the Management Committee of the National Council and the Chairman of the Management Committee of the Council of States are members of different parliamentary groups. 1
3 The composition of the committees and the allocation of the Presidency and the Vice-Presidency depend on the numerical strength of the parliamentary groups within the Council. It shall also take into account, as far as possible, the different official languages and regions of the country.
4 Council regulations specify the term of office of members of standing committees.
1 Introduced by ch. I of the LF of 21 June 2013 (Improvement of the organisation and procedures of Parliament), in force since 25 November 2013 ( RO 2013 3687 ; FF 2011 6261 6297).
1 Within the limits of the powers conferred on them by the law or by the regulations of the councils, the committees shall:
2 The commissions report to the board of which they depend on the objects assigned to them and submit their proposals to the Board.
1 New content according to the c. I of the 3 Oct PMQ. 2008 (Parliamentary Law. Miscellaneous Amendments), effective March 2, 2009 ( RO 2009 725 ; FF 2008 1687 2813).
1 To carry out their duties, the commissions may:
2 The committees may form sub-committees. They report to the plenary committee and submit their proposals. Several committees can form a joint sub-committee.
1 Unless otherwise provided by law or by the rules of the Council on which they depend, the committees shall be subject to the rules of procedure that apply to their counsel.
2 Unless otherwise provided by law, the decisions of the boards common to the two Councils shall be adopted by a majority of the voters of both Councils.
3 As a general rule, persons in the service of Confederation shall submit to the committee concerned written documents and visual presentations in two official languages. In the invitation to the meeting, external experts, as well as representatives of the cantons and interested circles, should take into account, to the extent possible, plurilingualism within the committee. 1
1 Introduced by ch. I of the LF of 21 June 2013 (Improvement of the organisation and procedures of Parliament), in force since 25 November 2013 ( RO 2013 3687 ; FF 2011 6261 6297).
1 The deliberations of the committees shall be confidential; in particular, it shall be prohibited to disclose the positions held by the various persons participating in the meetings, as well as the manner in which they have voted.
2 The committees may decide to hold public hearings.
The commissions shall inform the public of the results of their deliberations.
1 The committees of each Council shall coordinate their work; each committee shall also coordinate its work with those of the Commissions of the other Council dealing with the same themes or similar matters.
2 The committees may meet in joint meetings to obtain information or to consider a particular issue, or to entrust these tasks to a particular committee.
3 The Management Committees and the Finance Committees may jointly review the management report and the accounts.
4 If an object concerns a number of areas of competence, the other committees may submit a report to the committees responsible for carrying out its preliminary examination.
1 Repealed by c. I of the 3 Oct PMQ. 2008 (Parliamentary Law. Miscellaneous Amendments), effective 2 March 2009 ( RO 2009 725 ; FF 2008 1687 2813).
1 The Finance Committees (CoF) are responsible for the financial management of the Confederation; they carry out the preliminary examination of financial planning, the budget and its supplements and the state account. Except as otherwise provided by law, they shall exercise high supervision over all the finances of the Confederation in accordance with Art. 26, para. 2.
2 They may submit a report to the committee responsible for screening a report on important financial policy proposals. Draft documents may be submitted to them for co-report or preliminary examination. 1
3 The Finance Committees are invited to submit a co-report on the projects for commitment appropriations and expenditure ceilings which are not subject to their prior examination. They have the same rights as the pre-examination committees for the defence of their proposals before the Councils. 2
1 New content according to the c. I of the 3 Oct PMQ. 2008 (Parliamentary Law. Miscellaneous Amendments), effective March 2, 2009 ( RO 2009 725 ; FF 2008 1687 2813).
2 Introduced by ch. 1 of the Annex to the PMQ of 26. 2014 (New Government Management Model), effective from 1 Er Jul. 2015 ( RO 2015 1583 ; FF 2014 741 ).
1 The Finance Committees appoint the Finance Delegation (DelFin), composed of three members from each committee, and appoint a permanent substitute for each of its members. The Delegation was itself. 1
2 The Delegation of Finance reviews and monitors the overall finances of the Confederation.
3 The relationship between the Delegation of Finance and the Federal Audit Office is governed by Art. 14, 15 and 18 of the Federal Law of 28 June 1967 on the Federal Audit Office 2 .
4 The Delegation of Finance reports to the Finance Committees and submits its proposals to them.
5 It may refer to any other object and communicate its findings to the Finance Committees or to the competent committees.
6 It shall take its decisions by a majority of the voters.
1 New content according to the c. I 2 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).
2 RS 614.0
1 The Management Committees (CoG) exercise high monitoring of management in accordance with Art. 26, para. 1, 3 and 4.
2 They carry out their surveillance activities mainly from the perspective of legality, timeliness and efficiency.
1 The Management Commissions appoint a delegation of the Management Commissions (DélCdG), composed of three members from each committee. The Delegation was itself.
2 The delegation monitors State security and intelligence activities and examines state action in areas that need to be kept secret because the acquisition of information by unauthorized persons Could seriously damage the country's interests. 1
3 Each of the Management Commissions may entrust it with other specific mandates.
3bis The Federal Council shall inform the delegation within 24 hours at most when it takes a decision to safeguard the interests of the country or to preserve external or internal security. 2
4 The delegation shall report to the Management Committees and submit its proposals to them. 3
5 It shall take its decisions by a majority of the voters.
1 New content according to the c. I of the PMQ of 17 June 2011 (Precision of the right to information of supervisory committees), in force since 1 Er Nov 2011 ( RO 2011 4537 ; FF 2011 1727 1749).
2 Introduced by ch. I 2 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).
3 New content according to the c. I 2 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).
1 Repealed by c. I of the 3 Oct PMQ. 2008 (Parliamentary Law. Miscellaneous Amendments), effective 2 March 2009 ( RO 2009 725 ; FF 2008 1687 2813).
Once a year, the Finance Committees and the Management Commissions report to the Board on which they depend on the main results of their work.
1 Repealed by c. I of the 3 Oct PMQ. 2008 (Parliamentary Law. Miscellaneous Amendments), effective 2 March 2009 ( RO 2009 725 ; FF 2008 1687 2813).
1 The Drafting Committee (CoR) is a joint committee of the two Councils.
2 It consists of three sub-committees, one by official language.
3 She is self-represented.
4 It shall take its decisions by a majority of the voters.
1 The Drafting Committee shall verify the texts and shall adopt the final version before the final vote.
2 It ensures that the texts are intelligible and concise. It ensures that they are consistent with the will of the Federal Assembly and verify their agreement in all three official languages.
3 The Drafting Committee cannot make substantive changes. When it finds gaps, inaccurs or substantive contradictions, it informs the chairpersons of the councils.
1 If it is found after the final vote that an act contains procedural errors or is not in conformity with the results of the parliamentary proceedings, the Drafting Committee shall order the necessary corrections before it is published in the Official Collection of Federal Statutes. These changes are reported.
2 After an act has been published in the Official Collection of Federal Statutes, the Editorial Board may order the correction of obvious or simple errors. These changes are reported.
3 Members of the Federal Assembly are informed of the important corrections.
An order of the Federal Assembly shall specify the composition and powers of the committee, the procedure for the verification of the texts before the final vote, and the procedure by which it orders corrections after the final vote and after the final vote. Publication.
An ordinance of the Federal Assembly shall specify the powers of the delegations representing the Federal Assembly to the International Parliamentary Assemblies or in bilateral relations with the Parliaments of third States, as well as their Organization and procedure.
1 A parliamentary group brings together members of the same party.
2 Members who are not members of any party and Members of different parties, but who share the same political orientations, may also form in groups.
3 A group must include at least five members of the same board.
4 Each group shall inform the Secretary General of the Federal Assembly of its Constitution and shall communicate to it the list of its members, the composition of its Steering Committee and the name of its Secretary.
1 Groups examine objects before they are submitted to the boards.
2 They can table parliamentary initiatives and interventions, submit proposals and propose candidates for elections.
3 The regulations of the councils may give them additional powers.
4 Groups may have a secretariat. The latter receives the same documents as the Members of Parliament; it is subject to the provisions on the secrecy of function provided for in Art. 8.
5 Groups are allocated a contribution to cover their secretarial costs. The terms and conditions are laid down by the Act of 18 March 1988 on the means allocated to parliamentarians 1 .
1 Members of Parliament who are interested in a specific area can form parliamentary intergroups. These are open to all Members.
2 The intergroups announce their creation and composition to Parliamentary Services. They manage a public register of parliamentary intergroups.
3 Intergroups shall be entitled, as far as possible, to administrative facilities and premises for their meetings.
4 They cannot represent the Federal Assembly.
1 Parliamentary Services assists the Federal Assembly in the exercise of its powers.
2 They are loaded:
1 Parliamentary Services is placed under the supervision of the Administrative Delegation.
2 They are headed by the Secretary General of the Federal Assembly.
3 When the Services of Parliament Services work on behalf of an organ of the Federal Assembly, they follow its instructions.
An Order of the Federal Assembly empowers the organs of the Federal Assembly and the Secretary General of the Federal Assembly to hire the staff of Parliamentary Services.
When Parliament Services works on behalf of an organ of the Federal Assembly, they have the same right to information as this body.
1 The organs of the Federal Assembly and, on the terms of office of the Federal Assembly, the Services of Parliament, may make use of the services of the Federal Government insofar as the exercise of their powers requires it.
2 They use these services with the appropriate department or the Federal Chancellery.
3 In case of disagreement, the Administrative Delegation shall act after hearing the Federal Council.
1 The chairs of the councils regulate the use of the boardrooms; the Administrative Delegation manages the other premises of the Federal Assembly and those of the Parliamentary Services.
2 A Member of Parliament may establish an access card for two persons who, for a fixed period of time, wish to access the non-public parts of the Parliament Palace. The names and functions of such persons shall be entered in a register accessible to the public.
1 The Federal Assembly enacts as ordinances of the Federal Assembly the implementing provisions laying down rules of law that apply to the administration of Parliament.
2 Unless otherwise provided by an order of the Federal Assembly, the implementing provisions laying down rules of law which, as enacted by the Federal Council or the services subordinate to it, apply to the Federal Government, Also apply to the administration of Parliament.
3 The powers conferred on the Federal Council or its subordinate services by these implementing provisions shall be exercised by the Administrative Delegation or by the Secretary-General of the Federal Assembly.
The Federal Assembly shall consider in particular:
1 An object emanating from a Member of Parliament or an organ of the Councils shall be deemed to have been made before the Council from the moment when it has been deposited in the Secretariat of the latter.
2 A popular initiative or a request for the guarantee of a cantonal constitution shall be deemed to be pending before the Councils as of the time they were deposited in the Federal Chancellery.
3 The other objects shall be deemed to be pending before the Councils as of the time they were deposited in the Federal Assembly.
1 After the first decision of a board, an object can no longer be withdrawn by its author.
2 After a screening committee has decided to act on it, a parliamentary initiative or initiative of a canton can no longer be withdrawn.
3 Once deposited, an object from the Federal Council can no longer be withdrawn.
1 Each Council shall examine the draft act and decide whether to enter into it (debate on the entry into question).
2 If it has decided to enter the matter, the board reviews the draft article by article (discussion by article).
3 The entry into matter is fully acquired for popular initiatives, budgets, management reports, accounts, the legislative programme, the financial plan, the guarantee of cantonal constitutions and the claims against them. Conventions passed by the cantons between them or abroad. 1
4 A vote on the whole text (vote on the whole) takes place in each Council at the end of the first discussion by article. Projects for which the entry into question is acquired in full right shall not be subject to a vote on the whole, except budgets and accounts.
5 The rejection of the project in the vote on the whole is equivalent to a non-entry into the matter. Rejection of a budget or accounts amounts to a reference to the Federal Council 2 .
6 A draft act which has been the subject of an entry decision can be classified on the basis of a proposal from the Committee on Screening or the Federal Council if it has become moot. 3
1 New content according to the c. 1 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 ).
2 Rectified by the drafting committee of the Ass. Fed. (art. 58 al. 1 LParl; RS 171.10 ).
3 Introduced by ch. I of the LF of 21 June 2013 (Improvement of the organisation and procedures of Parliament), in force since 25 November 2013 ( RO 2013 3687 ; FF 2011 6261 6297).
1 The Council may refer to the Federal Council or the Committee responsible for the screening of a draft act on which it has decided to enter the matter, or any other subject subject to deliberation, so that it may be reviewed or amended.
2 At a later stage in the proceedings, the Board may still refer certain chapters or provisions.
3 The proposals for reference indicate the elements to be reviewed, amended or supplemented.
1 Any Member may file with the Board and before the Committee responsible for the screening of proposals for pending objects. It may propose to the committee responsible to table an initiative or a parliamentary intervention by the committee.
1bis A draft act may be submitted in the form of a proposal only if:
2 As a general rule, proposals concerning the procedure (points of order) are examined on the spot.
3 As long as a draft act has not been the subject of a vote on the whole, any Member may table a point of order requesting a review of any matter already dealt with. However, the decision to enter into matter can no longer be called into question.
4 A proposal rejected by a majority of a committee may nevertheless be submitted by a minority (minority proposal).
1 Introduced by ch. I of the LF of 21 June 2013 (Improvement of the organisation and procedures of Parliament), in force since 25 November 2013 ( RO 2013 3687 ; FF 2011 6261 6297).
1 When the debate concerns a draft law which is proposed to be declared urgent, the emergency clause is excepted from the vote on the whole.
2 The vote on the emergency clause takes place only once the differences have been eliminated.
3 If the emergency clause is rejected, any Member of Parliament or the Federal Council may, until the final vote, propose to classify the bill.
1 When a question can be divided into several parts, a vote takes place on each of them if requested.
2 If two proposals relating to the same part of the text are filed on the same question or which are mutually exclusive, they are opposed to each other.
3 If it is not possible to oppose each other, they are put to the vote separately.
4 The proposals to which no one is opposed are deemed adopted.
1 If it is tabled on the same issue more than two proposals, they are put to the vote consecutively and two by two (preliminary vote), until there are only two votes left to oppose.
2 The votes of the proposals begin with those that diverge at least on the substance to be completed with those that diverge most.
3 If it is not possible to establish a specific order in response to para. 2, are successively opposed to the proposals of the Members, then the minority proposals of the committee and then the proposal of the Federal Council. The proposal that won it was opposed to the proposal by the majority of the committee.
4 The filing of a subsidiary proposal does not alter the order of the votes. 1
1 Introduced by ch. I of the LF of 21 June 2013 (Improvement of the organisation and procedures of Parliament), in force since 25 November 2013 ( RO 2013 3687 ; FF 2011 6261 6297).
1 The Chairman of the Council shall not participate in the votes. It is divided in the case of equality of votes.
2 If a text can only be adopted by a majority of the members of each Council, the President shall take part in the vote.
1 When the two councils have completed a review of a federal bill, a draft order of the Federal Assembly or a draft federal order subject to the mandatory or optional referendum, and have approved the final text, they Proceed to the final vote on the text prepared by the Drafting Committee.
2 If the two Councils approve the project, it shall be deemed to have been validly successful as an Act of the Federal Assembly.
3 If the project is rejected by one of the councils or both, it is deemed to have been refused.
The regulations of the Councils shall specify in which cases the result of the votes shall be published as a nominative list.
1 The decisions of the Federal Assembly require the approval of both councils.
2 Petitions and reports submitted to the Councils for action do not require a concurring decision.
1 When an object subject to deliberation is to be reviewed by both boards separately, the review priority is assigned to one of the two boards (priority advice).
2 The chairs of the councils consult each other with a view to this allocation. In case of disagreement, the question is decided by lot.
1 As a general rule, the councils do not both proceed during the same session to the first reading of a draft constitutional amendment or non-urgent federal law.
2 On the proposal of the Federal Council or a committee, the Coordination Conference may exceptionally decide that the two Councils shall carry out the examination at first reading of the same draft constitutional or federal law not Urgent during the same session.
1 Where a Board has ruled on an item to be considered by both Boards, it shall be forwarded to the other Board.
2 A Board may resume its deliberations on an object only after the other Board has ruled.
3 If several draft acts are submitted to the Assembly together with the same message or report, the priority council may forward to the other council each project separately once it has voted on the corresponding set.
4 Any federal order for a counter-project to a popular initiative is forwarded to the other council with the federal order for the initiative in question. 1
1 Introduced by ch. I of the 3 Oct PMQ. 2008 (Parliamentary Law. Miscellaneous Amendments), effective March 2, 2009 ( RO 2009 725 ; FF 2008 1687 2813).
1 When a board refers a whole object to the Federal Council, it sends its decision to the other council.
2 If the other Council does not agree with that decision, it nevertheless becomes effective if the first Council confirms its original decision.
3 The same procedure applies when a board decides to adjourn the examination of an object and the work is unlikely to resume before one year.
1 Exceptionally, and provided that the two Councils agree, a draft act may, if it is of a certain extent, be shared in several parts, and partly transmitted to the other Council before the vote on the whole.
2 As long as the vote on the whole has not taken place, any Member may propose a review of any provision of the whole project.
3 If one of the councils, unlike the other, refuses to share the project, and confirms its decision, the project is not forwarded to the other council until after the vote on the whole.
1 If differences remain between the councils following the examination of a draft act, the divergent decisions of one of the Councils shall be transmitted to the other for deliberation, until an agreement is established between them.
2 Once the councils have both reviewed the draft at first reading, they devote their subsequent deliberations to the examination of the divergences exclusively.
3 A Board may, however, revert to another matter if decisions made in the meantime make such a review necessary, or if the boards of the two prior review boards jointly propose such a review.
If the committees of the two prior review boards jointly make the proposal, the councils may decide to classify a draft act during the procedure for the elimination of or after the closing of the divergences.
1 New content according to the c. I of the LF of 21 June 2013 (Improvement of the organisation and procedures of Parliament), in force since 25 November 2013 ( RO 2013 3687 ; FF 2011 6261 6297).
1 If differences remain after each council has held a discussion by article three times, a conciliation conference is held. The Commission is responsible for seeking a compromise solution.
2 The conciliation conference is composed of thirteen members delegated by each of the committees responsible for the screening. If the committee of one of the councils has fewer than 13 members, it shall be supplemented accordingly. The composition of the delegation of each commission is governed by s. 43, para. 3.
3 The Conference is chaired by the Chairman of the Committee on the Priority Council. The replacement of the President and the members of the Conciliation Conference shall be governed by the relevant provisions of the regulations of the Councils. 1
1 Phrase introduced by ch. I of the LF of 21 June 2013 (Improvement of the organisation and procedures of Parliament), in force since 25 November 2013 ( RO 2013 3687 ; FF 2011 6261 6297).
1 The conciliation conference shall deliberate when the majority of the members of each delegation are present. A quorum must be established.
2 The conciliation conference shall take its decisions by a majority of the voters. The Chairman took part in the vote. In the case of equality, his voice is paramount.
3 The conciliation conference presents a conciliation proposal which eliminates all remaining differences.
1 The conciliation proposal is submitted first to the priority council and then, if it has joined the proposal in its entirety, to the other council.
2 If the conciliation proposal is rejected by one of the Councils, the draft act is classified.
If a proposal for conciliation relating to the Federal Order relating to the Confederation budget or to one of its supplements is rejected, the decision taken at third reading, which provides for the lowest expenditure, shall be deemed adopted.
1 If the Federal Order on the Program of the Legislature is the subject of disagreement between the Councils after the first reading of the project, a conciliation conference is convened.
2 If the Federal Order on the Program of Parliament and the Federal Order on the Financial Plan are the subject of discrepancies, the Conciliation Conference shall present a separate proposal for each of the divergences. Each of the proposals is the subject of a separate vote. 3
3 If a proposal for conciliation is rejected, the provision concerned shall be skewed .
1 Introduced by ch. I of the PMQ of 22 June 2007 (Programme of the legislature), in force since 1 Er Dec. 2007 ( RO 2007 5231 ; FF 2006 1803 1825).
2 New content according to the c. 1 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 ).
3 New content according to the c. 1 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 ).
If the differences between the councils relate to an object in its entirety, the second refusal expressed by one of the councils is deemed to be final. This rule applies in particular to:
1 New content according to the c. I of the 3 Oct PMQ. 2008 (Parliamentary Law. Miscellaneous Amendments), effective March 2, 2009 ( RO 2009 725 ; FF 2008 1687 2813).
2 Repealed by c. I of the LF of 17 June 2011 (Consideration of requests to lift immunity), with effect from 5 Dec. 2011 ( RO 2011 4627 ; FF 2010 6719 6759).
If a popular initiative aimed at the total revision of the Constitution is declared successful, the Federal Assembly will submit it to the people.
1 The Federal Council submits to the Federal Assembly:
2 If the Federal Council submits to the Federal Assembly at the same time a draft federal order concerning a counter-project or draft act in close connection with the popular initiative, this period shall be extended to 18 months. 1
3 The Federal Assembly can begin to deliberate before the Federal Council has submitted its draft federal decree and the accompanying message.
1 New content according to the c. I of the 3 Oct PMQ. 2008 (Parliamentary Law. Miscellaneous Amendments), effective March 2, 2009 ( RO 2009 725 ; FF 2008 1687 2813).
1 The Federal Assembly declares a total or partial invalidity of a popular initiative if it finds that it does not fulfil the conditions laid down in Art. 139, para. 3, Cst.
2 If the decisions of the Councils differ as to the validity of all or part of a popular initiative, and the Board that has recognized the validity of the initiative confirms its decision, the initiative or parties are deemed valid.
The popular initiative or its valid parts are subject to the popular vote.
Within 30 months of the filing of an initiative in the form of a draft prepared, the Federal Assembly shall decide whether it will recommend to the people and the cantons to accept or reject it.
1 The Federal Assembly may submit to the vote of the people and the cantons, at the same time as the initiative, a counterproject on the same constitutional matter.
2 The councils review the Federal Order concerning the Federal Assembly's counterdraft before deciding on the voting recommendation to be included in the Federal Decision on the initiative.
3 The final vote on the Federal Order concerning the counterproject shall take place no later than eight days before the end of the session before the expiry of the period in which the initiative is to be considered. If one of the Councils rejects this order in the final vote, the conciliation conference proposes the recommendation for a vote to be included in the Federal Decision on the initiative. No counterproject can be proposed.
1 New content according to the c. I of the 3 Oct PMQ. 2008 (Parliamentary Law. Miscellaneous Amendments), effective March 2, 2009 ( RO 2009 725 ; FF 2008 1687 2813).
1 When the Federal Assembly submits to the vote of the people and the cantons a popular initiative and a counterproject, it can:
2 When the Federal Assembly recommends acceptance of both the initiative and the counter-project, it also recommends giving preference to the counterdraft in the sub-item.
1 New content according to the c. I of the 3 Oct PMQ. 2008 (Parliamentary Law. Miscellaneous Amendments), effective March 2, 2009 ( RO 2009 725 ; FF 2008 1687 2813).
1 If the popular initiative is in the form of a proposal conceived in general terms, the Federal Assembly shall decide, within two years from its filing, whether or not it approves it.
2 If it rejects the initiative, it will submit it to the people's vote.
1 If the popular initiative is approved by the Federal Assembly or the people, the Federal Assembly shall, within two years of its approval, draw up a draft of the partial revision of the Constitution.
2 The draft prepared by the Federal Assembly strictly reflects the content and objectives of the People's Initiative.
3 If the councils fail to agree on a joint partial revision project, or if one or both of the councils reject the draft, the decisions they have taken at the last deliberation are put to the vote The people and the cantons.
1 If one of the Councils has taken a decision on a counter-project or draft act in close connection with the popular initiative, the Federal Assembly may extend the time limit for processing the initiative by one year.
2 If the Councils fail to make a concurring decision on the extension of the time limit, the time limit shall not be extended.
1 Introduced by ch. II of the PMQ of Sept. 25. 2009 (Conditional withdrawal of a popular initiative) ( RO 2010 271 ; FF 2009 3143 3161). Repealed by c. I of the LF of 21 June 2013 (Improvement of the organisation and procedures of Parliament), with effect from 25 November 2013 (RO 2013 3687; FF 2011 6261,6297).
If the councils fail to make a concurring decision within the period prescribed by law, the Federal Council shall order the popular vote.
1 The parliamentary initiative proposes that a committee should draw up a draft act of the Federal Assembly.
2 The initiative is being developed. This includes the objectives of the act.
3 A committee may submit a draft act to its counsel through a parliamentary initiative.
1 New content according to the c. I of the LF of 21 June 2013 (Improvement of the organisation and procedures of Parliament), in force since 25 November 2013 ( RO 2013 3687 ; FF 2011 6261 6297).
Parliamentary initiatives tabled by a Member of Parliament or a group are inadmissible when they can be tabled in the form of a proposal for an object in front of the Federal Assembly. The Bureau of the Council may grant derogations.
1 Parliamentary initiatives tabled by a Member of Parliament or by a group and the proposals tabled in committee for the preparation of a parliamentary initiative by this committee are subject to a preliminary examination.
2 The competent committee of the council where the initiative has been submitted shall decide, within one year after the initiative has been allocated to it, either to act on it or to propose to the Council not to act on it. If the board agrees with the committee's proposal, the initiative is deemed to be liquidated. 1
3 The decision of the Commission to proceed with the initiative or to develop one itself shall be subject to the approval of the competent committee of the other Council. The Commission invites the Committee on the Priority Council to appoint a delegation to present the decision. If the second committee does not agree with it, the initiative is not acted upon unless the two councils so decide. If the second board does not agree, the initiative is deemed to be definitively rejected. 2
3bis The Committee of the other Council and, in the absence of a concurring decision, the relevant committees of the Councils shall have a period of one year, from the last decision of a committee or a council concerning the initiative, to Take the decision referred to in para. 3 or to submit their proposal to their counsel. 3
4 If the author of the initiative or the Member who has submitted a proposal for the development of an initiative is not a member of the committee, he may nevertheless participate with a consultative vote in the meetings of the committee of which he is a member. Member devotes to the screening. 4
5 If the author of the initiative leaves the Council and no other Member has taken the initiative to his account during the first week of the next session, the initiative shall be classified without a decision of the Board, unless the committee had already given it Suite. 5
1 New content according to the c. I of the LF of 21 June 2013 (Improvement of the organisation and procedures of Parliament), in force since 25 November 2013 ( RO 2013 3687 ; FF 2011 6261 6297). See disp. And trans. Of this mod. At the end of the text.
2 Phrase introduced by ch. I of the 3 Oct PMQ. 2008 (Parliamentary Law. Miscellaneous Amendments), effective March 2, 2009 ( RO 2009 725 ; FF 2008 1687 2813).
3 Introduced by ch. I of the LF of 21 June 2013 (Improvement of the organisation and procedures of Parliament), in force since 25 November 2013 ( RO 2013 3687 ; FF 2011 6261 6297). See disp. And trans. Of this mod. At the end of the text.
4 New content according to the c. I of the LF of 21 June 2013 (Improvement of the organisation and procedures of Parliament), in force since 25 November 2013 ( RO 2013 3687 ; FF 2011 6261 6297).
5 Introduced by ch. I of the 3 Oct PMQ. 2008 (Parliamentary Law. Miscellaneous Amendments), effective March 2, 2009 ( RO 2009 725 ; FF 2008 1687 2813).
1 If the need for legislation is confirmed and the form of the parliamentary initiative is deemed appropriate, it follows on from the parliamentary initiative or it is adopted a proposal for the elaboration of an initiative by a committee.
2 The form of the parliamentary initiative is considered appropriate, in particular:
3 The Committee shall consider how, taking into account the means at its disposal, it will be able to prepare the draft act within the required time limit.
1 Erratum of the Ass CoR. Fed. From Feb. 17, 2016, published on 1 Er March 2016, concerns only the Italian text ( RO 2016 657 ).
1 If it has been decided to act on an initiative, the competent committee of the Council where it has been tabled shall draw up a draft within two years.
2 Although the author of the initiative or the Member who has submitted a proposal for the development of an initiative is not a member of the committee, he may nevertheless participate with a consultative vote in the meetings of the committee of which he is a member. Member devotes to the development of the act. 1
3 The report accompanying the draft act of the Federal Assembly meets the same requirements as a message from the Federal Council (art. 141).
1 New content according to the c. I of the LF of 21 June 2013 (Improvement of the organisation and procedures of Parliament), in force since 25 November 2013 ( RO 2013 3687 ; FF 2011 6261 6297).
1 The Commission may appeal to the appropriate department to receive the legal or material information it requires.
2 It shall submit to consultation the preliminary draft and the explanatory report accompanying it in accordance with the provisions of the Act of 18 March 2005 on consultation 1 . 2
3 When submitting to the Council of which it depends on the draft act which it has drawn up and the accompanying report, it shall forward it simultaneously to the Federal Council for its opinion by setting a reasonable period of time, except in the case of a change in Issues relating to the organization or procedures of the Federal Assembly that are not regulated in a statute and do not relate directly to the Federal Council. 3
4 In the event of an amendment proposed by the Federal Council, the Committee shall examine it before the draft act is dealt with by the first Council.
1 RS 172.061
2 New content according to Art. 12 hp. 1 of the PMQ of 18 March 2005 on consultation, in force since 1 Er Seven. 2005 ( RO 2005 4099 ; FF 2004 485 ).
3 New content according to the c. I of the LF of 21 June 2013 (Improvement of the organisation and procedures of Parliament), in force since 25 November 2013 ( RO 2013 3687 ; FF 2011 6261 6297).
1 If the Commission does not submit its draft act within the two-year period, the Council shall decide, on a proposal from the committee or the Bureau, whether to extend the time limit or to classify the initiative.
2 The Commission may propose to the Board that it depends on the classification of the initiative:
1 If the Council adopts the draft act prepared by its committee during the vote on the whole, the initiative shall be forwarded to the other Council and examined in accordance with the ordinary procedure applicable to the examination of draft acts. 1
1bis If the Council decides not to enter the matter on the draft act drawn up by its committee or if it rejects it in the vote on the whole, the initiative is deemed to be liquidated. 2
2 The draft of the priority council is defended before the committee of the second board by a member of the committee which drew up it.
1 New content according to the c. I of the LF of 21 June 2013 (Improvement of the organisation and procedures of Parliament), in force since 25 November 2013 ( RO 2013 3687 ; FF 2011 6261 6297).
2 Introduced by ch. I of the LF of 21 June 2013 (Improvement of the organisation and procedures of Parliament), in force since 25 November 2013 ( RO 2013 3687 ; FF 2011 6261 6297).
1 Any canton may propose, by means of an initiative, that a committee shall draw up a draft act of the Federal Assembly.
2 The initiative is being developed. This includes the objectives of the act.
1 New content according to the c. I of the LF of 21 June 2013 (Improvement of the organisation and procedures of Parliament), in force since 25 November 2013 ( RO 2013 3687 ; FF 2011 6261 6297).
1 The initiatives of the cantons are subject to a preliminary examination.
2 Art. 110 shall apply mutatis mutandis to the screening procedure.
3 The decision to proceed with an initiative is subject to the approval of the competent committees of both councils. If one of the commissions refuses to act on it, the decision rests with the board on which it depends. If the latter also refuses, the initiative is forwarded to the other council. If the same council refuses twice to act on it, the initiative is rejected.
3bis For commissions, the time limits set out in s. 109, para. 2 and 3 Bis , are applicable. 1
4 In conducting the preliminary review of the initiative, the priority board commission hears a delegation from the canton.
1 Introduced by ch. I of the LF of 21 June 2013 (Improvement of the organisation and procedures of Parliament), in force since 25 November 2013 ( RO 2013 3687 ; FF 2011 6261 6297). See disp. And trans. Of this mod. At the end of the text.
1 If it is decided to proceed with an initiative submitted by a canton, it shall be reallocated to one of the Councils, in accordance with the procedure laid down in Art. 84.
2 The remainder of the proceedings shall be governed by Art. 111 to 114. The ranking of an initiative by a board must be approved by the other board. If the priority board decides not to enter the matter on the committee's project or rejects it in the overall vote, the object is deemed to be classified.
1 Parliamentary interventions are:
2 As a general rule, they are addressed to the Federal Council.
3 When they relate to the organization or operation of the Federal Assembly, they are addressed to the Bureau of the Council in which they were tabled.
4 When they relate to their management of affairs or their financial management, they are addressed to federal courts; the filing of a motion is excluded.
4bis When they relate to the management of the affairs or the financial management of the Public Ministry of the Confederation and its supervisory authority, they are addressed to the Supervisory Authority of the Public Ministry of the Confederation; the deposit A motion is excluded. 1
5 Art. 119 to 124 shall apply mutatis mutandis to the procedure for interventions addressed to the Offices of the Federal Councils or the Federal Courts.
1 Introduced by ch. I of the LF of 21 June 2013 (Improvement of the organisation and procedures of Parliament), in force since 25 November 2013 ( RO 2013 3687 ; FF 2011 6261 6297).
1 An intervention may be filed by a majority of a committee and, during sessions only, by a parliamentary group or by a Member of Parliament.
2 Where an intervention concerns several materially different points, each of them may be the subject of separate deliberation and vote.
3 The wording of an intervention cannot be changed after the filing of the intervention; s. 121, para. 3, let. B, is reserved. 1
5 An intervention by a Member of Parliament or a parliamentary group is dismissed without a decision by the Board:
1 New content according to the c. I of the 3 Oct PMQ. 2008 (Parliamentary Law. Miscellaneous Amendments), effective March 2, 2009 ( RO 2009 725 ; FF 2008 1687 2813).
2 Repealed by c. I of the 3 Oct PMQ. 2008 (Parliamentary Law. Miscellaneous Amendments), effective 2 March 2009 ( RO 2009 725 ; FF 2008 1687 2813).
3 New content according to the c. I of the 3 Oct PMQ. 2008 (Parliamentary Law. Miscellaneous Amendments), effective March 2, 2009 ( RO 2009 725 ; FF 2008 1687 2813).
4 Repealed by c. I of the 3 Oct PMQ. 2008 (Parliamentary Law. Miscellaneous Amendments), effective 2 March 2009 ( RO 2009 725 ; FF 2008 1687 2813).
1 The motion instrucs the Federal Council to table a draft act of the Federal Assembly or to take action.
2 If the Federal Council is competent to take the measure, it shall do so or submit to the Federal Assembly the draft of an act by which the motion may be put into effect.
3 A motion to influence an administrative decision to be taken in proceedings ordered by law or on an appeal decision is inadmissible.
1 The Federal Council proposes to accept or reject the motion, as a general rule, no later than the beginning of the ordinary session following its filing. If the motion was tabled by a committee less than one month before the beginning of the session, the Federal Council shall present its proposal at the latest at the beginning of the next session.
2 When one of the boards rejects a motion, the motion is deemed to be liquidated. If the Board in which it was tabled adopts it, it shall be forwarded to the other Council.
3 When the priority council has adopted a motion, the second board may:
4 If the second Board amends a motion, the priority council may approve this amendment at second reading or definitively reject the motion.
5 A motion is finally adopted by the priority board without being passed on to the other board:
1 New content according to the c. I of the 3 Oct PMQ. 2008 (Parliamentary Law. Miscellaneous Amendments), effective March 2, 2009 ( RO 2009 725 ; FF 2008 1687 2813).
1 If a motion has been pending for more than two years, the Federal Council shall report annually to the Federal Assembly on the work it has undertaken and the measures it intends to take to implement it. This report shall be addressed to the relevant committees.
2 A committee or the Federal Council propose that a motion be placed when its objective has been reached. This proposal is addressed to both councils, unless the motion concerns the organization or operation of a single board.
3 The ranking of a motion may also be proposed if, although its objective has not been met, it is no longer justified to maintain it. The proposal is based on:
4 In the event of any discrepancy between the Councils, s. 95 is applicable.
5 If the two Councils reject a classification proposal, the Federal Council is required to achieve the objective of the motion, either within one year or within the time limit set by the Boards when they have rejected the proposal. Classification.
6 If the Federal Council does not comply with the deadline, the councils, on a proposal from the competent committee, decide at the next ordinary session whether to extend the time limit again or to close the motion.
1 New content according to the c. I of the 5 Oct PMQ. 2007 (Binding nature of the motion), in force since 26 May 2008 ( RO 2008 2113 ; FF 2007 1379 2025). See also disp. And trans. Of this mod. At the end of the text.
The postulate instrucates the Federal Council to consider whether or not to table a draft act of the Federal Assembly or to take a measure and report on it. He may also instruct him to submit a report to the Federal Assembly on any other matter.
1 The Federal Council proposes to accept or reject the postulate, as a general rule, at the latest at the beginning of the ordinary session following its filing. If the postulate has been tabled by a committee less than one month before the beginning of this session, the Federal Council shall submit its proposal no later than the beginning of the following session. 1
2 A postulate shall be deemed adopted as soon as it has been approved by one of the Councils.
3 The objective pursued by a postulate shall be deemed to have been achieved when the Federal Council has reported on its request, either by means of an ad hoc report or in its management report or in the message on a draft Assembly Act Federal.
4 If a postulate has been for more than two years, the Federal Council shall report annually to the Federal Assembly on the work it has undertaken and the measures it intends to take to implement it. This report shall be addressed to the relevant committees.
5 On a reasoned proposal from the Federal Council or a committee, a postulate is classified when its objective has been reached or it is no longer justified to maintain it. The classification of a postulate shall be subject to the approval of the Board which adopted it.
1 New content according to the c. I of the 3 Oct PMQ. 2008 (Parliamentary Law. Miscellaneous Amendments), effective March 2, 2009 ( RO 2009 725 ; FF 2008 1687 2813).
1 The inquiry and inquiry instruct the Federal Council to provide information on a case involving Confederation.
2 As a general rule, the Federal Council shall reply to the following session at the latest.
3 The inquiry and the question may be declared urgent.
4 An inquiry shall be deemed to be liquidated when the discussion requested by the author has taken place or the Board has refused to do so.
5 The matter is not dealt with on the Board; it is deemed to be wound up when the Federal Council has responded to it.
1 The competent committee of each council decides to follow up on a petition or propose to its counsel not to act on it.
2 If the purpose of the petition can be presented in the form of a proposal for an object before the Federal Assembly, the committee shall report to the Board in the context of the review of the object concerned. The Commission decides to submit a proposal or to abandon it. As soon as the object examined is wound up, the petition is classified without a decision of the board.
3 At the end of the examination of the petition, the Services of Parliament shall inform its authors of the action taken.
4 The chairperson of the screening committee may respond alone to a petition in the following cases:
1 New content according to the c. I of the 3 Oct PMQ. 2008 (Parliamentary Law. Miscellaneous Amendments), effective March 2, 2009 ( RO 2009 725 ; FF 2008 1687 2813).
If the Commission responds to the petition, it takes over the purpose of the petition and develops a parliamentary initiative or intervention.
1 New content according to the c. I of the 3 Oct PMQ. 2008 (Parliamentary Law. Miscellaneous Amendments), effective March 2, 2009 ( RO 2009 725 ; FF 2008 1687 2813).
1 The Commission proposes that its Board not proceed with the petition in the following cases:
2 If the Board, deviating from the committee's proposal, responds to the petition, it refers the petition back to the committee and the burden of taking over the objective of the petition by means of a parliamentary initiative or intervention.
1 New content according to the c. I of the 3 Oct PMQ. 2008 (Parliamentary Law. Miscellaneous Amendments), effective March 2, 2009 ( RO 2009 725 ; FF 2008 1687 2813).
A motion relating to the management of the affairs or financial management of the Federal Council, the Federal Government, the Federal Courts or other bodies entrusted with the tasks of the Confederation shall be forwarded to the Management committees or the Finance Committees to respond directly to them.
1 If the Federal Council files a complaint against a convention passed by the cantons between them or abroad, it shall submit to the Federal Assembly a draft simple federal decree concerning the approval of the convention.
2 If a canton files a complaint, the competent committee of the priority council shall submit to its own council a draft simple federal decree concerning the approval of the convention.
1 When the Federal Assembly conducts an election, Members vote by secret ballot.
2 Candidates who gather on their behalf more than half of the valid ballots shall be elected.
3 Blank ballots and spoiled ballots are not taken into account in the calculation of the absolute majority.
4 If the number of candidates obtaining an absolute majority is greater than the number of seats to be filled, the supernumerary candidates who have received the least number of votes are eliminated.
1 Any bulletin on which offensive remarks or signs of the secrecy of the vote have been made shall be deemed to be void.
2 The votes cast in favour of a non-eligible person, already elected, eliminated from the vote or not identifiable with certainty, are not counted.
3 The votes cast more than once in favour of the same person by means of the same ballot shall not be counted; the supernumerary names shall be distorted.
4 The votes cast in favour of supernumerary persons are not counted in relation to the number of seats to be filled; the supernumerary names are skewed, going back from the end of the list.
5 No election shall be deemed to have been held by a number of ballots that are returned in excess of the number of ballots distributed; in that case, a new ballot shall be held.
1 The Federal Assembly elects the members of the Federal Council at the session following the full renewal of the National Council.
2 The seats shall be filled one by one, in order of seniority of the previous holders. The seats to which the outgoing members of the Federal Council are candidates are filled first.
3 In the first two rounds of voting, Members may vote for eligible persons of their choice. From the third round of balloting, no new applications are allowed.
4 Any person shall be eliminated:
1 As a general rule, the election to fill a vacancy shall take place during the session following the receipt of the letter of resignation of the holder, the occurrence of an unexpected vacancy or the finding of incapacity to perform the function Concerned. 1
2 The newly elected person shall take office not later than two months after his election.
3 If several seats are vacant, they shall be filled in order of seniority of the previous holders.
1 New content according to the c. I of the 3 Oct PMQ. 2008 (Parliamentary Law. Miscellaneous Amendments), effective March 2, 2009 ( RO 2009 725 ; FF 2008 1687 2813).
The Federal Assembly elects among the members of the Federal Council the President of the Confederation and the Vice-President of the Federal Council; it elects them one after the other, and for a period of one year.
1 The Federal Assembly elects the federal judges before the end of the current administrative period; it shall proceed by court, with each time a vote for the judges and an election for the deputy judges.
2 The full renewal shall take place by re-election of the outgoing members and in the event of vacancy or non-re-election, by a supplementary election.
1 The ballot consists of a list of the names of the incumbents who are new candidates, presented in order of seniority.
2 Members may delete the names of certain candidates. The names added to the list are ignored. The ballot papers on which all the names have been marked are valid and are taken into account in the calculation of the absolute majority.
3 There is only one ballot. Candidates who have not obtained an absolute majority may present themselves in the supplementary election.
1 If a seat is vacant or a judge is not re-elected, a supplementary election is held.
2 If, on the eve of the election, the Bureau of the Federal Assembly (Chambers meeting) has not registered more candidates than there are seats to be filled and all outgoing candidates are re-elected, a list of the names of the candidates submitted by order In the contrary case, the ballot shall consist of a blank list of any indication, consisting only of a series of lines whose number corresponds to the number of seats to be filled.
3 In the first two rounds of voting, Members may vote for eligible persons of their choice. From the third round of balloting, no new applications are allowed.
4 Any person is automatically eliminated:
The President and the Vice-President of a court shall be elected for a term of two years. They are elected at the same time on two separate ballots.
The Federal Assembly shall conduct the other elections provided for in the Constitution or by law; these elections shall take place in accordance with the procedure applicable to the election of the Federal Council.
1 The Federal Assembly shall conduct confirmations of appointments under the Act.
2 A committee of the Federal Assembly (Houses meeting) examines the appointment to be confirmed, with the exception of the appointment of the Secretary General of the Federal Assembly. For this purpose, the committee may hear the person concerned and a delegation from the appointing authority. It proposes to the Federal Assembly (Houses meeting) whether or not to confirm the appointment.
3 The Federal Assembly (Houses meeting) decides by a majority of the voters whether or not to confirm the proposed appointment; it votes in secret ballot. If it refuses to confirm the appointment, the competent body shall make a new appointment.
1 The Federal Assembly decides on proposals for the inability of a member of the Federal Council or the Chancellor of the Confederation to perform his or her duties.
2 Only the Bureau of the Federal Assembly (Chambers meeting) or the Federal Council may file such proposals.
3 Disability is permitted when the following conditions are met:
4 The Federal Assembly (Houses meeting) shall act at the latest during the session following the tabling of the proposal.
5 A finding of a person's incapacity to perform his or her duties shall result in the vacancy of his or her seat.
1 When submitting a draft bill to the Federal Assembly, the Federal Council shall attach a message to it.
2 In its message, the Federal Council motivates its draft act and comments on the provisions as necessary. On the other hand, to the extent that substantial indications can be provided, it shall, in particular, take stock of:
1 New content according to the c. I of the 3 Oct PMQ. 2008 (Parliamentary Law. Miscellaneous Amendments), effective March 2, 2009 ( RO 2009 725 ; FF 2008 1687 2813).
1 The Federal Council submits to the Federal Assembly:
2 It shall include in its draft budget and in the State account the draft budget and the accounts of the Federal Assembly, the Federal Courts, the Federal Audit Office, the Public Prosecutor's Office and the Authority of Supervision of the Federal Ministry of the Confederation. 2
3 The Federal Court defends federal court budgets and court accounts before the Federal Assembly. The draft budget and the account of the Federal Assembly are defended by the Administrative Delegation of the Federal Assembly, those of the Federal Audit Office by the Delegation of Finance, and those of the Public Prosecutor's Office. The Supervisory Authority of the Public Ministry of the Confederation, by the Supervisory Authority of the Public Prosecutor's Office of the Confederation. 3
4 The Federal Council establishes each year as at 30 June and 30 September an approximate calculation of the expected result for the year. He shall inform the Finance Committees. 4
1 New content according to Art. 65 hp. 1 of the 7 Oct PMQ. 2005 on finances, in force since 1 Er May 2006 ( RO 2006 1275 ; FF 2005 5 ).
2 New content according to the c. II 2 of the Annex to the LF of 19 March 2010 on the organisation of the criminal authorities, in force since 1 Er Jan 2011 ( RO 2010 3267 ; FF 2008 7371 ).
3 New content according to the c. II 2 of the Annex to the LF of 19 March 2010 on the organisation of the criminal authorities, in force since 1 Er Jan 2011 ( RO 2010 3267 ; FF 2008 7371 ).
4 Introduced by Art. 65 hp. 1 of the 7 Oct PMQ. 2005 on finances, in force since 1 Er May 2006 ( RO 2006 1275 ; FF 2005 5 ).
1 The financial plan shall include the three years following the budget year.
2 The structure and content of the financial plan coincide with the planning of tasks with financial planning (Integrated Task and Finance Plan).
3 The Federal Council shall submit to the Federal Assembly, together with the draft budget, the financial plan in the form of a simple federal order to take note of it.
4 The Federal Assembly can supplement the simple federal order with mandates to amend the financial plan.
5 The Federal Council generally fulfils these mandates in the context of the draft budget for the year following the coming year.
1 New content according to the c. 1 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 ).
1 The Federal Council shall communicate to the Federal Assembly, at the latest at the beginning of the last regular session of the year, the objectives set for the following year. These objectives are coordinated with the programme of the legislature.
2 The Federal Council shall submit to the Federal Assembly no later than two months before the beginning of the session in which they are to be treated, the reports by which it reports on its management during the previous year.
3 In its management report, the Federal Council presents the highlights of its activity for the year under review. It reports on the level of achievement of the main objectives foreseen for the year, the implementation of the programme of the legislature and the legislative programme, and the status of the indicators relevant to the overall assessment of the Situation and the assessment of the degree of achievement of the objectives. It justifies any discrepancies that may have occurred in the meantime, as well as the projects which it had not foreseen. 1
1 New content according to the c. I of the PMQ of 22 June 2007 (Programme of the legislature), in force since 1 Er Dec. 2007 ( RO 2007 5231 ; FF 2006 1803 1825).
1 Unless otherwise provided for in the regulations of the Councils, the President of the Confederation shall defend before the Councils the report in which the Federal Council shall report on its management. 1
2 The Federal Assembly approves this report in the form of a simple federal decree.
1 New content according to the c. I of the 3 Oct PMQ. 2008 (Federal Council Management Report), effective from 1 Er March 2009 ( RO 2009 697 ; FF 2008 985 995).
1 At the beginning of each parliamentary term, the Federal Council submits a message to the Federal Assembly on the programme of the legislature, accompanied by a draft simple federal decree.
2 The simple federal decree defines the policy guidelines and objectives of the programme of the legislature; it also states, for each objective, the actions of the Federal Assembly as well as the other measures that are necessary To achieve these objectives.
3 In the message on the programme of the legislature, the objectives are accompanied by indicators to assess the degree of achievement of the objectives. The message also contains a situation analysis based on the metrics. In addition, the message provides an overview of all the draft bills that the Federal Council intends to submit to the Federal Assembly during the legislature (legislative programme).
4 The message presents the financial plan of the legislature. It sets the financial requirements for the legislature and indicates their funding. The objectives and measures of the legislative programme of the legislature and the financial plan of the legislature are coordinated by objects and deadlines.
1 New content according to the c. I of the PMQ of 22 June 2007 (Programme of the legislature), in force since 1 Er Dec. 2007 ( RO 2007 5231 ; FF 2006 1803 1825).
1 The councils review the program of the legislature in two successive sessions.
2 Council regulations may provide for:
1 New content according to the c. I of the PMQ of 22 June 2007 (Programme of the legislature), in force since 1 Er Dec. 2007 ( RO 2007 5231 ; FF 2006 1803 1825).
1 The Federal Council may issue further plans or reports to the Federal Assembly for information or to take note of it.
2 It may submit to the Federal Assembly in the form of a simple federal decree or federal order the objectives of important planning or reporting, or the consequences of such plans or reports.
3 The Federal Council regularly sends a report on foreign policy to the Federal Assembly.
3bis The Federal Council periodically provides the Federal Assembly with a report on the achievement of the strategic objectives that have been set for entities that have become autonomous within the meaning of s. 8, para. 5, of the Act of 21 March 1997 on the organization of government and administration 1 . 2
4 The Federal Assembly may adopt policy and planning orders for other important planning or reporting in the form of single federal orders or federal orders.
1 RS 172.010
2 Introduced by ch. I 1 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).
1 The Federal Council shall send its messages and reports to Parliament Services no later than two weeks before the meeting of the committee responsible for their screening.
2 Parliamentary Services provides Members with the documents that the Federal Council or the Government of Canada has sent to the Federal Assembly or to the commissions.
1 To the extent that the exercise of their powers so requires, the committees and their sub-committees may:
2 They may be denied information:
3 They shall take all appropriate measures to ensure that secrecy is maintained. In particular, they may provide that information subject to a function secret in accordance with Art. 8 are communicated only to a sub-committee.
4 In case of disagreement between a committee and the Federal Council on the scope of the right to information, the Commission may refer the matter to the Presidential College of the Council on which it depends. The college leads the mediation between the commission and the Federal Council.
5 The Presidential College shall decide definitively when a committee and the Federal Council disagree on the need for certain information for the exercise of the committee's powers under para. 1.
6 The Federal Council may submit a report rather than open its files if it is based on para. 2, he disagrees with a commission on his right to be informed and if the mediation of the presidential college remains unsuccessfully.
7 To prepare for mediation, the Presidential College can consult all relevant issues of the Federal Council and the Federal Government.
1 New content according to the c. I of the PMQ of 17 June 2011 (Precision of the right to information of supervisory committees), in force since 1 Er Nov 2011 ( RO 2011 4537 ; FF 2011 1727 1749).
1 When the Federal Council prepares an important order, the competent committee may ask it to consult it on the draft.
2 Where an order is to be enacted or amended in direct application of an act adopted by the Federal Assembly, the Committee shall decide, when voting on the whole act, whether it wishes to be consulted.
3 The Federal Council shall inform the Federal Assembly of the preparation of orders.
1 The committees responsible for external policy and the Federal Council regularly exchange views.
2 The Federal Council regularly, quickly and comprehensively informs the presidential colleges of the councils and the relevant foreign policy committees of important events in this field. The committees responsible for external policy shall forward this information to the other competent committees.
3 The Federal Council consults the relevant external policy committees on the main guidelines, on the planned changes in the configuration of the Swiss diplomatic and consular network abroad and on the directives Or guidelines for a mandate for major international negotiations before adopting or amending this mandate. The Federal Council shall inform these committees of the progress of the work with a view to the direction taken and the progress of the negotiations. 1
3bis The Federal Council consults the relevant committees before applying provisionally an international treaty approved by the Federal Assembly. It waives the application on a provisional basis if the competent committees of the two councils oppose it. 2
4 In the event of an emergency, the Federal Council shall consult the chairmen of the committees responsible for foreign policy. They shall immediately inform their respective committees.
5 The committees responsible for foreign policy or other competent committees may ask the Federal Council to inform or consult them.
1 New content according to the c. III 1 of the annex to the L of 26. 2014 on Swiss Abroad, in force since 1 Er Nov 2015 ( RO 2015 3857 ; FF 2014 1851 2541).
2 Introduced by ch. I 2 of the 8 Oct PMQ. 2004 on the provisional application of international treaties ( RO 2005 1245 ; FF 2004 703 939). New content according to the c. I 2 of the PMQ of 26 seven. 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).
1 In addition to the general right to information under s. 150, the supervisory boards shall have the right to question directly all services, authorities or persons performing tasks on behalf of the Confederation and to obtain, pursuant to s. 156, that they give them all the documents they need. They may instruct their secretariat to clarify specific statements of fact.
2 To the extent that the exercise of their duties in respect of high surveillance requires them, oversight committees may also request persons or services outside the federal government to provide them with Information or documents. Art. 156 applies to persons outside the federal government who have been employed by the Confederation. Art. 42 of the Federal Act of Federal Civil Procedure of 4 December 1947 2 Concerning the right to refuse to testify shall apply mutatis mutandis.
3 By analogy with art. 49 and 50 and 201 to 209 of the Code of Criminal Procedure 3 , the supervisory commissions may, upon the decision of their respective presidents, subpoena persons subject to the obligation to provide information and cause them to be brought by federal police or cantonal police agencies if they Fail to appear without good cause.
4 It is possible to lodge an appeal against the subpoenas and the warrants to bring within 10 days to the chairman of the board of which the chairman of the committee has taken the decision in question. The action shall not have suspensory effect. If the Chairman of the Board finds that the decision taken is unlawful or excessive, he may grant relief to the author of the appeal. The decision on appeal is final.
5 Before questioning members of the Federal Council, the monitoring committees provide information on the subject matter of the hearing. Before questioning a person who is or has been subordinated to the Federal Council, the supervisory committees shall inform the Council of their intention. If requested by the Federal Council, they will hear it before the person provides them with information or documents.
6 The supervisory committees shall decide definitively on the exercise of their right to information. They cannot avail themselves of the right to consult:
7 The supervisory committees shall take all appropriate measures to ensure the maintenance of secrecy, in accordance with Art. 150, para. 3. To this end, or if their right to information is not sufficient to enable them to exercise their duties in the field of high surveillance, they may instruct their delegations to clarify a particular matter. They issue directives on the maintenance of secrecy applicable in their field of competence. In particular, they restrict access to co-reports.
1 New content according to the c. I of the PMQ of 17 June 2011 (Precision of the right to information of supervisory committees), in force since 1 Er Nov 2011 ( RO 2011 4537 ; FF 2011 1727 1749).
2 RS 273
3 RS 312.0
1 The delegations of the supervisory committees shall have access to all the information they need to exercise their powers.
2 In addition to the right to information under s. 150 and 153, the delegations of the supervisory committees shall have the right to request:
3 All decisions of the Federal Council are communicated to the Delegation of Finance and to the Delegation of the Management Commissions, together with the corresponding proposals and co-reports. The delegations concerned shall jointly lay down the arrangements for the transmission, consultation and archiving of documents. 2
1 New content according to the c. I of the PMQ of 17 June 2011 (Precision of the right to information of supervisory committees), in force since 1 Er Nov 2011 ( RO 2011 4537 ; FF 2011 1727 1749).
2 New content according to the c. I of the PMQ of 17 June 2011 (Precision of the right to information of supervisory committees), in force since 1 Er Nov 2011 ( RO 2011 4537 ; FF 2011 1727 1749).
1 A disciplinary or administrative investigation of the Confederation may be initiated or continued only with the authorization of the Delegation of the Management Commissions, if it concerns cases or persons who are the subject of an investigation of this Delegation.
2 The Delegation of the Management Committees shall decide on the authorisation after hearing of the Federal Council.
3 If there is disagreement on the need for authorisation, the Delegation of the Management Committees shall decide by a two-thirds majority of its members.
4 An investigation by the Delegation of the Management Commissions does not preclude the initiation or continuation of civil or administrative judicial proceedings, preliminary criminal investigations or criminal proceedings.
1 Introduced by ch. I of the LQ of 17 Dec. 2004, in effect since 1 Er May 2005 ( RO 2005 4793 ; FF 2004 1347 1355).
1 Prior to any hearing, the delegations of the supervisory boards shall determine whether the person concerned is heard as a witness or a person called to provide information.
2 The hearing of a witness is formally ordered only if it is established that there is no other way to shed light on the matter to be clarified. The obligation to give evidence extends to any person concerned.
3 Where the investigation is directed solely or essentially against a particular person, the person may only be heard as a person who is called upon to provide information.
4 Witnesses shall be informed of their obligation to deposit and to tell the truth, and the persons to provide information, of their right to refuse to file. Art. 42, para. 1, Federal Act of Federal Civil Procedure, December 4, 1947 1 Concerning the right to refuse to testify is reserved.
5 Depositions shall be recorded for the preparation of the minutes. The latter shall be submitted for signature to the person heard.
6 The procedure and the rights of the persons concerned are governed by Art. 166 to 171.
1 Every person in the service of the Confederation is required to provide complete and truthful information and to provide all references to relevant documents.
2 Art. 42, para. 1, Federal Act of Federal Civil Procedure, December 4, 1947 1 Concerning the right to refuse to testify shall apply mutatis mutandis.
3 No person shall be prejudiced by any person in the service of the Confederation because of a truthful statement made before a commission. The latter shall be heard before proceedings are instituted against the person concerned because of such evidence.
4 Persons employed by the Confederation are, within the meaning of this Act, the staff of the Confederation and persons who are directly responsible for the tasks of public law on behalf of the Confederation. The nature of the work report is not determinative.
The authority concerned shall have the right to express its opinion before a supervisory board or its delegation reports to the advice of malfunctions in its management of cases or in its financial management.
1 Monitoring committees and their delegations may make recommendations to the authorities responsible for the area in which they exercise their authority in the area of high surveillance.
2 These authorities shall inform the supervisory committees and their delegations of the follow-up to those recommendations.
3 The recommendations of the supervisory committees and their delegations and the opinions of the responsible political authorities shall be published as long as there is no interest worthy of protection.
1 As a general rule, the head of the department responsible for the subject matter shall participate in the deliberations of the councils.
2 Any Head of Department may be accompanied by persons in the service of the Confederation or by experts. Exceptionally, and at the request of the Head of Department, such persons or experts may be given the floor where the subject matter is of a particularly technical nature.
1 As a general rule, a member of the Federal Council takes part in the meetings which the committees devote to objects which the Federal Council has itself submitted to the Federal Assembly or on which it has issued an opinion.
2 Subject to the agreement of the chairman of the committee concerned, he may be represented by one or more persons in the service of the Confederation.
3 Members of the Federal Council or their representatives may be accompanied by experts.
The Chancellor of the Confederation defended the objects of the Federal Chancellery before the boards and commissions.
1 The following provisions relating to relations between the Federal Assembly and the Federal Council apply mutatis mutandis to relations between the Federal Assembly and the Federal Courts:
2 The Federal Court charges one of its members to defend before the councils and their commissions the draft budget, the account and the management report of the federal courts, as well as the opinions issued by them on the parliamentary interventions Relating to his or her business management or financial management.
3 With regard to the meetings of the committees, the designated member may be accompanied, or, subject to the agreement of the chairman of the committee concerned, to be represented by persons in the service of the Confederation.
4 The commissions give federal courts the opportunity to decide when they conduct a screening of actions that relate to their jurisdictions, organization, or administration.
5 The s. 1 to 4 shall apply mutatis mutandis to the Supervisory Authority of the Public Prosecutor's Office of the Confederation. 1
1 Introduced by ch. II 2 of the Annex to the LF of 19 March 2010 on the organisation of the criminal authorities, in force since 1 Er Jan 2011 ( RO 2010 3267 ; FF 2008 7371 ).
1 In the exercise of the powers conferred upon it in the field of high surveillance, the Federal Assembly may, in the event of events of a far-reaching nature on which it is essential to make light, establish a committee of inquiry A member of Parliament (CEP) common to both councils and responsible for establishing the facts and bringing together other elements of assessment.
2 The Committee of Inquiry is set up after hearing the Federal Council by a simple federal decree. This decree defines the mandate given to the committee of inquiry and the financial resources allocated to it.
1 The parliamentary committee of inquiry is composed of members from both councils, in equal numbers.
2 The appointment of the members of the Commission of Inquiry and its Presidential College, on the one hand, and the procedure for the decision-making procedure of the Commission, on the other hand, are governed by Art. 43, para. 1 to 3, and 92, para. 1 and 2, which apply by analogy.
3 The Committee of Inquiry has its own secretariat. Parliament Services provides the staff it needs. The Commission may hire additional staff on the basis of working reports governed by the Code of Obligations 1 .
1 In accordance with its mandate and this Act, the Parliamentary Committee of Inquiry shall determine the procedural measures necessary for its investigations.
2 The authorities of the Confederation and the cantons are required to provide the Committee of Inquiry with the necessary legal or administrative assistance.
3 The main proceedings shall be recorded in the Minutes.
1 To fulfill the mandate assigned to it under s. 163, para. 2, the parliamentary committee of inquiry has the same right to information as the delegations of the supervisory committees (Art. 150 and 153 to 156).
2 The Board of Inquiry may, as the case may be, appoint an investigative officer to administer the evidence. It shall act in accordance with the terms of reference entrusted to it by the Committee of Inquiry and following its instructions.
3 The Board of Inquiry is not responsible for hearing a witness to an investigative officer.
4 Persons interviewed by the investigating officer have the right to refuse to answer questions posed to them or to submit certain documents. In the event that they refuse, they are questioned by the Committee of Inquiry.
5 Except as otherwise provided in this Act, s. 42 to 48 and 51 to 54 of the Federal Act of Federal Civil Procedure of 4 December 1947 1 Apply by analogy to the administration of evidence.
1 The Federal Council has the right to be present at the hearing of witnesses and persons called upon to provide information, to ask them supplementary questions and to consult the documents submitted to the parliamentary committee of inquiry thus The expert reports and minutes of hearing that it has established.
2 The Federal Council may comment on the findings of the inquiry before the Committee and submit a report to the Federal Assembly.
3 The Federal Council instrucs one of its members to represent it before the Committee of Inquiry. The latter may in turn charge a liaison officer to exercise the rights conferred on the Federal Council under para. 1.
1 The parliamentary committee of inquiry identifies persons whose interests are directly affected by the investigation and informs them without delay. They enjoy the rights referred to in s. 167, para. 1, to the extent that they are affected.
2 The Committee of Inquiry may, in whole or in part, refuse the person concerned the right to be present at the hearings and to consult the documents if the current investigation or the protection of third parties so require. In such a case, it shall communicate to it orally or in writing the essence of the content of such hearings or documents and shall give it the opportunity to express itself or to present other means of proof.
3 The means of evidence which have not been brought to the attention of the data subject cannot be used against it.
4 The Committee of Inquiry may authorise the person concerned who so requests to be assisted by a lawyer for all or part of the duration of the proceedings, if this seems necessary to ensure the defence of legitimate interests. Counsel is only permitted to make a request for evidence or to ask supplementary questions.
5 Once the investigations are completed and before the report is submitted to the Councils, the persons to whom they are referred are allowed to consult the relevant sections of the report. The Committee of Inquiry shall give them the opportunity to express themselves orally or in writing on such passages within an appropriate period of time.
6 The report of the panel shall reflect the comments, oral or written, made by the persons involved.
1 As long as the report to the Federal Assembly has not been published, all persons who took part in the sittings or hearings of the parliamentary committee of inquiry are subject to the obligation to keep the secret. In particular, respondents were prohibited from informing their superiors of the questions posed to them or of the documents requested.
2 After the report has been presented to the Councils, the general provisions relating to the confidentiality of committee meetings remain applicable.
3 The Chairman and the Vice-Chairperson of the Board of Inquiry, or, if they have left the Board, the Chairman and the Vice-Chair of the Delegation of the Management Commissions, shall decide on requests for consultation of the files made on time Of protection under s. 9 to 12 of the Act of 26 June 1998 on Archiving 1 .
1 The person who, as a witness, will have made a false testimony before a commission of inquiry or, being an expert, will have provided a false report or report will be punished with the penalties provided for in s. 307 of the Penal Code 1 .
2 Those who, without legal grounds, refuse to make a declaration or submit documents will be punished with penalties under s. 292 of the Penal Code.
3 Punishable acts, including the breach of the obligation to keep the art secret. 168, para. 1, are submitted to the Federal Criminal Court.
1 When the Federal Assembly decided to set up a parliamentary committee of inquiry, no other committee would be allowed to carry out investigations into the events which are the subject of the mandate given to that committee of inquiry.
2 The institution of a commission of inquiry shall not prevent the undertaking or continuation of a civil or administrative judicial procedure, a preliminary criminal investigation or a criminal procedure.
3 A disciplinary or administrative investigation of the Confederation may be initiated only with the authorisation of the Committee of Inquiry if it concerns cases or persons who are or have been included in the inquiry of the Commission. The procedures under way must be suspended until such time as the Board of Inquiry authorizes their resumption.
4 If there is disagreement on the need for an authorization, the Board of Inquiry shall act. If the Committee of Inquiry has been dissolved, the Chairman and the Vice-Chairperson of the Delegation of the Management Committees shall act.
The repeal and amendment of the existing law are set out in the Annex.
1. Transitional provision concerning art. 13 (Sanctions)
Art. 13 shall apply only to infringements committed after the entry into force of this Law.
2. Transitional provision concerning art. 14 and 15 (Incompatibilities)
1 The members of the Council of States whose terms of office have not ended on the date of the first full renewal of the National Council after the entry into force of the Art. 14 and 15 remain subject to the former right in respect of incompatibilities.
2 If this Act comes into force after July 31 of the year in which the full renewal of the National Council takes place, s. 14 and 15 shall enter into force on the first day of the session following the following full renewal.
3. Transitional Provision for Title 5 (Functioning of the Federal Assembly)
Objects subject to deliberation which are pending before one of the Councils at the time of entry into force of this Law shall be dealt with in accordance with the former law.
4. Transitional provision concerning Title 9 (Parliamentary Committee of Inquiry)
Art. 163 to 171 shall apply only to committees established after the entry into force of this Law.
5. 1 Transitional provision concerning art. 40a (Judicial Commission)
1 The Judicial Commission is responsible for the initial establishment of the Courts of the Federal Administrative Tribunal.
2 When the courts are established, it takes into account the powers of judges and the representation of official languages.
6. 2 Transitional provision concerning art. 86, para. 4, 97, para. 2, and 101, para. 2 and 3 (Popular Initiative)
Amendments to ss. 86, para. 4, 97, para. 2, and 101, para. 2 and 3, apply to popular initiatives for which the Federal Council, at the time of the entry into force of the amendment of October 3, 2008, has not yet submitted to the Federal Assembly a draft federal order concerning the initiative.
7. 3 Transitional provision concerning the amendment of 25 September 2009 concerning art. 105, para. 1 Bis (extension of time limit for dealing with a popular initiative)
The popular initiatives which are pending the entry into force of the amendment of 25 September 2009 of this Law shall be dealt with in accordance with the new law.
1 Introduced by Art. 5 hp. 1 of the LF of 18 March 2005 concerning the implementation of the TAF, with effect from 1 Er Oct. 2005 at 31 Dec. 2006 ( RO 2005 4603 ; FF 2004 4481 ).
2 Introduced by ch. I of the 3 Oct PMQ. 2008 (Parliamentary Law. Miscellaneous Amendments), effective March 2, 2009 ( RO 2009 725 ; FF 2008 1687 2813).
3 Introduced by ch. II of the PMQ of Sept. 25. 2009 (Conditional withdrawal of a popular initiative), in force since 1 Er Feb 2010 ( RO 2010 271 ; FF 2009 3143 3161).
1 This Law shall be subject to the referendum.
2 The Coordination Conference shall fix the date of entry into force.
3 Art. 14, 15 and 61 shall enter into force on the first day of the session following the first full renewal of the National Council following the entry into force of this Law 1 At the same time, art. 18 of the Federal Act of 17 December 1976 on political rights 2 (Annex ch. II 1) is repealed.
The parliamentary initiatives and the initiatives of the cantons which, at the time of the entry into force of this amendment, had already been transmitted to a committee for the purposes of screening are governed by the former right.
(art. 172)
I
Are repealed:
II
The following acts are amended as follows:
... 4
1 [RS 1 141; RO 1962 811 art. 60 al. 2, 1977 2249 ch. I 121, 1987 226, 2000 273 Annex, c. 1,414, 2003 2133 Annex c. 3]
2 [RS 1 433]
3 [RO 1962 811, 1984 768, 1985 452, 1987 600 art. 16 hp. 3, 1989 257, 1990 1642, 1992 2344, 2000 273]
4 The mod. Can be viewed at RO 2003 3543 .
