¹ This Law sets out the general principles of the consultation procedure.

² It applies to consultation procedures opened by the Federal Council, by a department, by the Federal Chancellery, by a federal government unit or by a parliamentary committee. ¹

¹ The purpose of the consultation procedure is to involve the cantons, political parties and interested parties in defining the position of the Confederation and in drawing up its decisions.

² It makes it possible to determine whether a draft of the Confederation is materially correct, enforceable and likely to be accepted.

¹ A consultation is organised during the preparatory work on:

A.

Amendments to the Constitution;

B.

Bills within the meaning of s. 164, para. 1 of the Constitution;

C.

International treaties that are subject to the referendum under s. 140, para. 1, let. B, of the Constitution or subject to referendum under s. 141, para. 1, paragraph d, c. 3, the Constitution, or the essential interests of the cantons;

D.

Orders and other projects that have a broad political, financial, economic, ecological, social or cultural significance;

E.

Orders and other projects that do not fall within the scope of the Act. D but which particularly affect the cantons or some of them or whose execution will be entrusted in large part to bodies external to the federal administration.

² A consultation may also be organised for projects which do not meet any of the conditions laid down in para. 1.

¹ A consultation procedure may be waived where one of the following conditions is met:

A.

The project focuses primarily on the organization or procedures of federal authorities or on the division of jurisdiction between federal authorities;

B.

No new information is to be expected from the fact that the positions of the interested parties are known, in particular because the purpose of the project has already been previously consulted.

² The waiver of the consultation procedure must be justified on objective grounds.

¹ Any person or organization may participate in the consultation and express an opinion.

² Are invited to give an opinion:

A. ¹

Cantonal governments;

B.

Political parties represented in the Federal Assembly;

C.

Umbrella associations of municipalities, towns and mountain regions that operate at national level;

D.

Umbrella economic associations working at the national level;

E. ²

Other media and extrapartal commissions involved in the project in this case.

³ The Federal Chancellery maintains a list of systematically consulted organisations under para. 2, let. A to d.

¹ The consultation procedure for a federal government project is open:

A.

By the Federal Council for projects referred to in Art. 3, para. 1;

B.

By the competent department or the Federal Chancellery for projects referred to in Art. 3, para. 2;

C.

By the competent unit of the central or decentralised federal administration, provided that it has the power to issue rules of law.

² The consultation procedure for a project from the Federal Assembly is opened by the relevant parliamentary committee.

³ The Federal Chancellery coordinates the consultations. It shall publish the opening of any consultation procedure, mentioning the time limit for consultation and the service with which the file may be obtained.

¹ The competent authority to open the consultation prepares the consultation procedure, ensures its progress, gathers the results and evaluates them. When the Federal Council opens the consultation, the tasks in question are carried out by the relevant department.

² Parliamentary committees can use the services of the federal government to prepare a consultation and bring the results together.

¹ Files submitted for consultation are available in hard copy or in electronic form. The Federal Council may provide that a consultation will be conducted exclusively by electronic means as soon as the technical conditions are met.

² The competent authority for the conduct of the consultation procedure may also invite interested parties to work sessions. These are recorded in the Minutes.

³ The consultation period shall be at least three months. It is appropriately extended to take into account holiday periods and public holidays, as well as the content and scope of the project. The minimum period is prolonged:

A.

Three weeks for a consultation that includes the period from July 15 to August 15;

B.

Two weeks for a consultation that includes the Christmas and New Year period;

C.

One week for a consultation that includes the Easter period.

⁴ If there is no delay in the project, the time limit may be shortened on an exceptional basis. The objective reasons for the urgency must be communicated to the recipients of the consultation.

¹ The opinions expressed, which are weighted and evaluated, are considered.

² The results of the consultation are summarized in a report. ¹

¹ Are accessible to the public:

A.

The file submitted for consultation, as well as all documents, positions or legal opinions mentioned in the explanatory report;

B.

The opinions expressed and, where appropriate, the minutes provided for in Art. 7, para. 2: after expiry of the consultation period;

C.

The report on the results of the consultation (art. 8, para. 2): after the authority having initiated the procedure has become aware of this report. ¹

² The Confederation shall ensure access to the opinions expressed by authorising their consultation on the spot, by providing copies or by publishing them in electronic form; opinions may be prepared for that purpose.

³ The Act of 17 December 2004 on transparency ² Is not applicable.

The Federal Council regulates the terms by way of an order, including:

A.

Planning and coordination of consultation procedures;

B.

The content of the file submitted for consultation and the manner in which it is to be established and delivered;

C.

The conduct of the electronic consultation procedure;

D.

How to deal with advice received, including assessment, preparation, publication and archiving.

... ¹

¹ This Law shall be subject to the referendum.

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