The Swiss Confederation a brief guide

2021

T h e It R i i s v o e v r e A r a lo r o e k m e e d a b n y d t e h r e s

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Preface

“Democratic proce- Dear Reader Political developments in recent years show that not every dures take longer, but country has to remain democratic just because it once was. In fact, democratic processes are increasingly being called provide more stability into question because they allegedly produce ‘the wrong outcome’. Reference is made to lower COVID-19 case num- and engender greater bers in authoritarian states or to higher economic growth rates. Some peevishly ask whether the urgent problems of acceptance in the long today can ever be resolved through lengthy democratic term.” procedures and compromises.

Federal Chancellor Walter Thurnherr Those who argue in this way have not understood the es- sence of democracy. There are countries where the govern- ment controls the people. And there are countries where the people control the government. Democracies fall under the second category.

It is true that even authoritarian regimes sometimes make decisions that are supported by the majority. But there are no rules defining how the majority can overturn decisions if they no longer agree with them. Democratic procedures take longer, but over the years, they provide more stability and engender greater acceptance.

Those who want to preserve democracy respect the institu- tions, the independence of the courts, the competences of the different powers and the fundamental values of the con- stitution.

If you would like to gain a better understanding of Switzer- land’s style of democracy, you will gain an initial overview by browsing through this copy of ‘The Swiss Confederation – a brief guide’. And if you want to defend it, exercise your right to vote and stand for election!

Federal Chancellor Walter Thurnherr

3 Table of Contents

Facts Foundation The Legislature The Executive The Judiciary Switzerland Direct democracy Parliament The Government The Courts 6 16 28 46 72 Switzerland

•The history of Switzerland 10 •Separation of powers 20 •The roles of Parliament 32 •The Federal Council 50 •The Federal Supreme Court 76

•Federalism 12 •Votes 22 •Organisation of Parliament 34 •The Federal Council’s tasks 52 •The Federal Criminal Court 78

•International agreements •Elections 24 •Particularities of Parliament 40 •Federal Administration 54 •The Swiss Federal Democracy and memberships 14 Administrative Court 79 •Political parties in the Federal •How new laws come about 42 •Federal Chancellery FCh 56 Council and in Parliament 26 •Federal Patent Court 80 •The Parliamentary Services 45 •Federal Department of Foreign Affairs FDFA 58 •Judgments delivered by the federal courts 81

•Federal Department Parliament of Home Affairs FDHA 60

•Federal Department of Justice and Police FDJP 62

•Federal Department of Defence, Civil Protection and Sport DDPS 64 Government

•Federal Department of Finance FDF 66

•Federal Department of

Economic Affairs, Education Courts Complementary resources to accompany the brochure: and Research EAER 68 • CH info app for smartphones and tablets • Teaching material •Federal Department of the • Barrier-free PDF for the visually impaired Environment, Transport, Energy and Communications DETEC 70

4 5 Switzerland The people of Switzerland get the day off thanks On 1 August, Switzerland celebrates its National to a popular initiative from 1993 ‘for a national Day. Beacon fires are lit around the country that holiday on 1 August’, adopted after 84 % of voters can be seen for miles around. came out in favour. Switzerland 8 Geneva 26 cantons 26 the world.the of states by all recognised is today. neutrality Its Switzerland shape yet still past, the in roots have their federalism and Multilingualism communes. or authorities local ofnumerous consist and pendent inde largely are which cantons, 26 and regions 4language has It people. million of 8.6 apopulation with country asmall is Switzerland Switzerland www.statistik.ch Vaud Neuchâtel Fribourg Jura Valais Bern BS SO BL Lucerne Aargau OW BS Basel-Stadt BL Basel-Landschaft AR AI NW Zug Appenzell Ausserrhoden Appenzell Innerrhoden SH Zurich Uri Schwyz Ticino Glarus Thurgau St Gallen AR

AI Graubünden SO Solothurn SH Schaffhausen OW Obwalden NW Nidwalden - Germany (14 The largestforeign nationalgroups are from Italy(15 of theforeign populationcomesfrom anEUcountry. have beenlivinghere foratleasttenyears.Themajority these foreign nationalswere inSwitzerlandor eitherborn ter ofthemwithoutaSwisspassport.More thanhalfof There are 8.6millionpeoplelivinginSwitzerland,aquar million people 8.6 26 % 36 3 % 5 % 6 % 24 tant, 47 was affiliated toChristiandenominations(49 Catholics, are declining.In1970, 96 two mainChristiandenominations,Protestants and several years.Thereligious landscapeischanging:the gious affiliation; thisnumberhasbeenontherisefor to theChristianfaith.26 percentofpeoplelivinginSwitzerlandclaimaffiliation66 majority Christian % % o-ws iies215000 175 Non-Swiss citizens2 Roman Catholic Roman Not specified Other /Not denominations Islamic Other Christiandenominations Reformed Protestant No religious affiliation % Catholic). %) andPortugal(12 % statethattheyhavenoreli %). % ofthepopulation % Protes %),

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Men 20 years of age and 20 to 64 yearsofagehasdeclined. 20 yearsofageand20 to64 the populationhasincreased, whilethatofpeopleunder average. Theproportion yearsofagein ofpeopleover64 yearsforwomen.Womenand 86 have1.5 children on is oneofthehighestinworld:it82 yearsformen have fewerchildren thanbefore. Average lifeexpectancy People inSwitzerlandare gettingolderand expectancy life High % 23 languages, i.e.theyare bilingual. languages. Manypeoplestatethattheyhavetwomain their mothertongueisnotoneofSwitzerland’s national 0.5 percentRomansh.For25 percentofthepopulation, German, 23 percentFrench, 8percentItalianand percentofthepopulationprimarilyspeak (Swiss-) 62 languages are German,French, ItalianandRomansh. Switzerland isamultilingualcountry. Thefournational languages 4 national French 8 % Age 100 90 60 80 30 50 20 40 70 10 Italian 0 % 62 German % 0.5 2019 Romansh Women

1950

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Switzerland Switzerland The History of Switzerland 10 emerged victorious. war from whichliberalforces conservative cantons.Itwasa between liberalandCatholic organised ledtoacivilwar Confederation wouldbe Diverging viewsonhowthe conservatives Liberals against Sonderbund War 1847 havediversity increased significantly. powersthe of federal the government, political rights and political then Since of 1848. Constitution Federal to the back dates system and recognisedestablished internationally in 1815. Its political we today. know were state and Its neutrality national borders federal the to finally and ofstates to aconfederation alliances different of acollection from centuries over developed the Switzerland of Switzerland History The – 1848 judicial andeconomicarea. developed intoaunitary centralised. Switzerland Council. Somepowerswere of StateselectingtheFederal National Counciland duced atfederallevelwiththe bicameral systemwasintro- vote andbeelected.The doms, includingtherightto with variousrightsandfree- provided mostcitizens(men) The FederalConstitution state Democratic federal Constitution Federal 1848 1891. ( 1891. and thepopularinitiativein dum wasintroduced in1874 at federallevel.Thereferen- broadened democraticrights andthe federalgovernment tion transferred more tasksto The revised FederalConstitu- Initiative, referendum Expanded democracy 1891 1874,  p.22)

Socialist ideas General strike War, World First ed inageneralstrike1918. Russian Revolutionculminat- and socialistideasfrom the during theFirstWorld War Poverty andunemployment 1914 – 1918 1929. entered theFederalCouncilin zens’ Party(SVPtoday) Farmers’, Trades’ andCiti- Council. Amemberofthe today) entered theFederal Conservative (CVP/DieMitte basis andasecondCatholic was electedonaproportional In 1919, theNationalCouncil democracy Towards consensus representation Proportional 1929 1919, territorial conquests. through alliancesand tion continuedtogrow ing centuries,theConfedera- mented alliance.Inthefollow- entered intothefirstdocu - Schwyz andUnterwalden original forest cantonsof Uri, independence. In1291 the political order andexternal served tomaintaininternal cities andoutlyingareas Shifting alliancesbetween Alliances Old Confederation 1291

( bers from fourpoliticalparties Council hascomprisedmem- Since 1959, theFederal seat ontheFederalCouncil. wing partygainedasecond ment, andin1951 theleft- - Social Democratintogovern Parliamentelecteda1943 moved closertogether. In cal forces from lefttoright Second World War, thepoliti- Against thebackdrop ofthe left the of Inclusion War World Second 1939 state ruledfrom Paris. Helvetic Republic:aunitary was transformedintothe in 1798, theConfederation Following theFrench invasion foreign control under state Unitary Republic Helvetic 1798 –1802  ‘magic formula’p.51). – 1945 sion. the votefollowingthisdeci- communes alsogavewomen level. Mostcantonsand women’s franchiseatfederal male, votedinfavourofthe electorate, thenexclusively In February1971, ofthe 66% Women’s franchise Equal opportunities 1971 cantonal borders. tons andsetmostofthe some autonomytothecan- of Mediation,whichrestored constitution basedontheAct Republic, Napoleonordered a supporters oftheHelvetic between federalistsand After civilwarsbroke out Loose foreign control Mediation 1803 – 1814

Nations. ( favour ofjoiningtheUnited years latertheyvotedin and theEuropean Union.Two ments betweenSwitzerland approved thebilateralagree- Swissvoters tons. In2000, Confederation andthecan- division oftasksbetweenthe Constitution regulated the The totallyrevised Federal openness and Continuity Constitution Third Federal 2000 eration ofstates. alliances intoasingleconfed- gether thevariousfederal Treaty of1815 brought to- as theyare today. TheFederal and setSwitzerland’s borders recognised Swissneutrality the great European powers With thedefeatofNapoleon, states of alliance and Neutrality Treaty Federal 1815 p.14/15)

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Switzerland The History of Switzerland Switzerland Federalism 12 lives inurbanareas. percentofthepopulation85 federal tax. federation isfinancedamongother meansthrough direct Court isresponsible fornationaljurisprudence. TheCon prises sevenfederalcouncillors,andtheFederalSupreme com Council andtheofStates;government ment, theFederalAssembly, ismadeupoftheNational road network,andnuclearenergy. Switzerland’s Parlia relations withtheoutsideworld,defence, thenational tasks andresponsibilities. Theseinclude Switzerland’s The FederalConstitutiondefinestheConfederation’s since 1848. Swiss Confederation,hasbeenafederalstate Switzerland, whichisalsoreferred toasthe 1 Confederation characteristics. regional varying and cultures linguistic offour spite –in entity one as to exist for Switzerland makes possible it Federalism ties. responsibili their out carrying in scope have broad communes and federal government, cantons the communes. and the cantons The the between power shared is state state: afederal is Switzerland Federalism

revenues. the Confederation’s total tax accountfor31 percentof Proceeds from direct federal ­ ­ ­ 26 26 taxes. and policematters.Eachcantonleviesitsowncantonal in theareas ofeducationandhealthcare, culturalaffairs in decidinghowtomeettheirresponsibilities, forexample dance withtheirparticularneeds.Theyhavebroad scope the Confederation,butstructure their activities inaccor­ Constitution. Thecantonsimplementtherequirements of The cantonalconstitutionmaynotcontradicttheFederal beneficiaries. utors and19 cantonsare net and 7cantonsare netcontrib- tion plan,theConfederation In thenationalfiscalequalisa- Cantons courts andconstitution. Each cantonhasitsownparliament,government, cantons. The Confederationismadeupof26

rhoden andGlarus. cantons ofAppenzellInner gemeinde) are stillheldinthe People’s assemblies(Lands-

- - sibilities betweenitselfandthecommunes. Each cantondetermineshowitallocatesrespon- cantonsare dividedinto2172The 26 communes. Communes 2172 2172 munal tax. at communalassemblies.Eachcommuneleviesacom smaller communes,decisionsare made bythecitizens parliaments, andorganisetheirownreferendums. In service. Largercommunesandcitieshavetheirown planning, runningschools,socialwelfare andthefire The responsibilities ofthecommunesinclude local of Zurich). approximately 415,000 (City thelargestpopulation of28, (Kammersrohr, SO) hasa The smallestcommune

assemblies. ical issuesatcommunal eligible votersdecideonpolit- In fouroutoffivecommunes,

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Video Federalism canton ofUri. times higherthaninthe Stadt isapproximately three capita inthecantonofBasel- Gross domesticproduct per Cantons (the ‘SwissAbroad’). zens liveoutsideSwitzerland 11 percentofallSwissciti- Confederation total numberofcommunes. year, thereby reducing the communesmerge30 every An averageofapproximately Communes Canton ofBasel-Stadt (in German) Canton ofUri

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Switzerland Federalism Switzerland International agreements and memberships 14 •Since 1951 (formerlyECSC,EEC) •Headquarters inBrussels •27 memberstates tion onasylumproceedings. operation onjusticeandpolice.Dublinfacilitatescoordina Schengenfacilitatestransnationalmobilityandco 2005. agreement, whichwasapproved by55 There are 9agreements, includingtheSchengen-Dublin fields ofasylum,security, theenvironment andculture. further economicaspects,aswellcooperationinthe The secondseriesofbilateralagreements governs ments automaticallyceasetoapply(‘guillotineclause’). terminated bySwitzerlandortheEU,other6agree consist of7agreements. Ifoneoftheseagreements is the packagewasapproved by67 access forbothsides(goods,services,labour).In2000, economic matters.Themainaimistofacilitatemarket The firstseriesofbilateralagreements largelygoverns eral agreements primarilyconcludedintwopackages: tions withit.Theseare byaround governed 20 majorbilat Switzerland isnotamemberoftheEU,buthascloserela European Union EU Agreements the with Europe memberships and agreements International are held there allthetime. conferences andgatherings work there. International officials international 32,000 based inGeneva.Around organisations (NGOs)are tions andnon-governmental organisaMany international - Geneva International % ofSwissvoters.They

% ofvotersin - - - - - of theEEAin1992. Economic Area (EEA).Swissvotersrejected membership countries –excludingSwitzerlandformtheEuropean and Norway. Together withtheEUcountries,EFTA between itsmembersSwitzerland,Liechtenstein,Iceland The European Free Trade Associationpromotes free trade EFTA Memberships or exercise protective power mandates. That iswhy itisoften asked to mediate in conflicts Switzerland’s neutrality isrecognised worldwide. in armedconflicts orenter into militaryalliances. Switzerland isaneutral state: itmay not take part Neutrality •Founded in1949, Switzerlandamembersince1963 •Headquarters inStrasbourg •47 memberstates pean CourtofHumanRightsinStrasbourg. Human rightsviolationscanbebrought before theEuro agreement istheEuropean ConventiononHumanRights. rights, theruleoflawanddemocracy. Itsmostimportant The CouncilofEurope isdedicatedtoprotecting human Europe of Council Switzerlandafoundingmember •Founded in1960, •Headquarters inGeneva •4 memberstates

- World Founded in 1945, Switzerlandamembersince 1949 •Founded in1945, •Headquarters inParis •193 memberstates and sustainabledevelopment. among peopleandthereby contribute topeace,security ment ofglobalstandards. Itsaimistopromote solidarity cooperationand thedevelop a forumforinternational Organisation, alsoactiveinthefieldofcommunication,is The UnitedNationsEducational,ScientificandCultural UNESCO •Founded in1975, Switzerlandafoundingmember •Headquarters inVienna •57 participatingstates ports thereconstruction ofpoliticalstructures. It mediatesbetweenpartiesinvolvedinconflictandsup It takesmeasures topromote peaceandresolve conflicts. Asia, istheworld’s largestregional securityorganisation. with itsparticipatingstatesinNorthAmerica,Europe and The OrganizationforSecurityandCooperationinEurope, OSCE Switzerlandamembersince2002 •Founded in1945, and Vienna •Main headquartersinNewYork, European headquatersinGeneva •193 memberstates dum, accessionwasacceptedby55 has beenamemberoftheUNsince2002: Inareferen down intheCharterofUnitedNations.Switzerland solving globalproblems. TheprinciplesoftheUNare laid ted topromoting peaceandworldwidecooperationin All 193 states of theworldbelongtoUN.Itiscommit United Nations UN Memberships meet in Geneva to work together internationally. world from politicians and the around Experts organisations. tional interna other and Nations United ofthe amember is it and ments, agree ofbilateral anetwork through Union European the with ties has it connections: worldwide with country aneutral is Switzerland % ofSwissvoters. - - - - •Founded in1961, Switzerlandafoundingmember •Headquarters inParis •37 memberstates statistics andstudies,includingthePISAstudies. national standards andregularly publishesinternational of lifeandequalopportunities.TheOECDdevelopsinter variety offields.Itsgoalistopromote prosperity, quality opment isaforumforexchangingknowledgeinwide The OrganisationforEconomicCooperationandDevel OECD Switzerlandafoundingmember •Founded in1995, •Headquarters inGeneva •164 memberstates trade relations. dertake tocomplywithcertainbasicrulesinshapingtheir and non-discriminatoryaspossible.WTOmembersun agreements istoensure that tradeisasfree, unhindered global tradeingoodsandservices.TheaimoftheWTO The World Trade Organizationpromotes andregulates WTO •Founded in1949 •Headquarters inBrussels members •30 tries, itworksforsecurityandpeace. North Americancountries.Together withpartnercoun Europeanpolitical andmilitarydefenceallianceof30 and and theEuro-Atlantic PartnershipCouncil. NATO isa with itwithintheframeworkofPartnershipforPeace Switzerland isnotamemberofNATO, butcooperates Peace for NATO Partnership Partnerships ------15

Switzerland International agreements and memberships Direct democracy 2021 marks the 50th anniversary of Swiss women At the women’s strike in 2019, hundreds of obtaining the right to vote and be elected at thousands took to the streets to demand equal federal level. And it is 40 years since gender equal- pay, better work-life balance and an end to ity was enshrined in the Federal Constitution. sexism.

16 17 Democracy 18 Direct democracy principle of Swiss democracy. ofSwiss principle afundamental is this party: political or person single ofany hands the in power not concentrated is that ensures ofpowers separation The elections. parliamentary are ayear. there times years four Every to four three issues rights as in Switzerland? vote People specific on have democratic many as people where country other any there Is www.ch.ch/democracy • • Voters havevariouswaysofcastingtheirballots: Casting yourballot women andmennormallyvoteinfederalelections. Turnout issimilarinelections:justunder 50 lower dependingontheissuethatisbeingvotedon. ballots infederalvotes.Voter maybehigheror turnout Usually around 45 Turnout forvotesandelections verifiable systems. system stabilityusingfully phase inorder toincrease being revised forthenexttrial The rulesone-votingare e-voting hasbeensuspended. e-voting. Currently, however, 15 yearsofexperiencewith cantons nowhavemore than The Confederationandthe E-voting in theballotboxatlocalpollingstation. At theballotbox:voterscanputtheirpaper council offices. official envelopeorpopitinthemailbox attheirlocal By post:voterssendtheirballotpaperbypostinthe % ofthoseeligibletovotecasttheir Swiss democracy. assembly isanancientformof their canton.Thepeople’s decide onproposals thataffect their representatives andto gemeinde). Theyvotetoelect a people’s assembly(Lands- doors onceayeartovotein thousand votersgatherout- Appenzell Innerrhoden,several In thecantonsofGlarusand (Landsgemeinden) People’s assemblies % ofSwiss

Separation ofpowers Separation demand thatavotebeheldonpoliticalissue. popular initiativeorcallingforareferendum, citizenscan every amendmenttotheConstitution.Bylaunchinga The Swissare worldchampionsatvoting:theyvoteon votes Popular cil) andthejudiciary(courts). the legislature (Parliament),theexecutive(FederalCoun Power isdividedamongthethree branchesoftheState,

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Democracy Democracy Separation of powers 20 Separation of powersSeparation The Swiss people = 10,000 people 10,000 Parliament legislatureThe the CouncilofStates. members ofCouncil andthe46 membersoftheNational The 200 Parliament (thelegislature): The Swisspeopleelectthe Assembly. ( equal powers.Together they makeuptheUnitedFederal States represents the26 cantons.ThetwoCouncilshave Council represents thePeople,whileCouncil of Switzerland. Itcomprisestwochambers:TheNational federal courtsandtheOfficeGeneralof oftheAttorney al CouncilandtheFederalAdministrationaswell Parliament decidesonnewlawsandoverseestheFeder Passing laws p.30ff.) Council ofStates National Council -

Federal Chancellor. Federal Councilandthe The sevenmembersofthe (the executive): the government Parliament elects time. given any at ofstate branches three of the one than more serve may one No judiciary. executive and legislature, the ofstate, branches three the among power divided is democracy: of principle abasic is It institution. or person individual ofany hands ofpower the in aconcentration prevents ofpowers separation The ( Federal Chancellerymakeupthe FederalAdministration. lor headsadepartment.Theseven departmentsandthe they reach theirdecisionstogether. EachFederalCouncil are implemented.Itcomprisessevenequal members; up newlawsandensures thatthedecisions ofParliament The FederalCouncilisSwitzerland’s itdraws government: laws Implementing The government executiveThe  p.48ff.)

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EAER - be appealedtotheFederalSupreme Court.( federal courtsoffirstinstance. Mostoftheirdecisionscan Administrative CourtandtheFederal PatentCourtare the in mostcases.TheFederalCriminalCourt,the ments oftheothercourtsandissuesfinaljudgment Federal Supreme Court:ithearsappeals againstthejudg There are four federal courts.Thehighestcourtisthe law the down Laying courts The judiciary The of thefourfederalcourts. Supreme Courtandthejudges The president oftheFederal judges (thejudiciary): Parliament appointsthe www.attorneygeneral.ch out theirofficial duties. federal employeeswhilecarrying well asoffences committedby explosives andespionageas prosecutes offences involving General ofSwitzerland,which heads theOffice oftheAttorney General:heorsheAttorney Parliament alsoappointsthe 74ff.)

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Democracy Separation of powers Democracy Votes 22 havebeenaccepted. then. 22 havebeenvotedonsince220 duced atfederallevelin1891. Popular initiativeswere intro- 18 months. valid signatures mustbecollectedwithin aperiodof tion. Foravotetobeheldonpopularinitiative,100,000 launch orsignapopularinitiativetoamendtheConstitu Anyone whohastherighttovoteinSwitzerlandcan Popular initiative democracy ofdirect Instruments must beputtoavote(mandatoryreferendum) –wheth In Switzerland,everyamendmenttotheConstitution Constitution the Changing tive amendments. indecisions, most cases having or legisla to doconstitutional with parliamentary certain on and initiatives popular Votes on held are ayear. times to four up issues political on decides electorate The Votes may casttheirballotsinfederalvotes. Swiss citizensaged18 andoverare eligibletovoteand a doublemajorityisachieved. zerland canonlyjoinsuchanorganisationorcommunityif supranational community(e.g.theUNorEU).Swit land tojoinanorganisationforcollectivesecurityora majority). Apopularvoteisalso‘mandatory’forSwitzer the cantons(majorityofcantons)isneeded(double consent ofamajoritythePeople(popularmajority)and For anewconstitutionalarticletocomeintoforce, the or putforward bypopularinitiative. er theproposed amendmentwaspassedbyParliament vote ofthePeople proposals submittedtothe YouTube videos on

vote. were ready tobeputa Council orParliament,and3 pending before theFederal ture-gathering stage,15 were initiatives were atthesigna- 11As of31 December2020,

- - - - by voters. the proposals were rejected ofbeen heldsincethen;82 introduced in1874. 196 have The optionalreferendum was into force (simplemajority). voters mustapprove thelaworreferendum forittocome law ortreaty inquestionisputtoavote.Amajorityof If theyare successful,areferendum isheldinwhichthe dum againstit(optionalreferendum). tional treaty, thoseeligibletovotemayrequest areferen If Parliamentpassesanewlaworapproves aninterna to anew law astop Putting cantons (‘referendum requested bythecantons’). optional referendum isalsohelduponrequest byeight validsignatures within100 days.Anmust collect50,000 to votecanlaunchanoptionalreferendum. To doso,they stop anewlawfrom passing),anyone who hastheright To bringadecisionmadebyParliamenttovote(e.g. Optional referendum November 28 Septemberand 26 7 March, 13 June, in 2021: place onthefollowingSundays Votes are scheduledtotake voting dates 2021

4 proposals. being gathered foravoteon decrees. Signatures were federalactsandning for45 referendum periodwasrun- theAs of31 December2020, • • • • • Information Explanatory videos www.ch.ch/en/demokratie www.admin.ch ‘VoteInfo’ app voters sent byposttoeligible Explanatory pamphletsare

- - - • • have amajorimpact: stopped byareferendum, thesetwoinstrumentscanstill Even ifmostinitiativesfailandonlyveryfewlawsare referendums and initiatives of Effects Number ofpeopleentitledtoplayapartinpoliticallifeasproportion oftheoverallpopulation • can triggerapopularvoteonnewlaw(‘optionalreferendum’) can triggerapopularvotetoamendtheConstitution(‘popularinitiative’) on averagetakepartinvotes(around 45 have therighttovote(i.e.are atleast18 yearsoldandhaveaSwisspassport) people liveinSwitzerland drafting ofnewlaws( launch areferendum are takenintoconsiderationinthe They caninfluencelegislation:groups thatare likelyto involve. 50,000 100,000 2,475,000 5,500,000 8,600,000 They leadtopublicdiscussionsonthetopicsthey initiative’s in adifferent concerns way. make counter-proposals toinitiatives,address the The FederalCouncilandParliamentwillsometimes

page42/43). % ofeligiblevoters)

29 November 29 mouth disease. in 1951, becauseoffoot-and- oncein19201848: andagain land becameafederalstatein been cancelledsinceSwitzer Only twoothervoteshave the coronavirus pandemic. Federal Councilbecauseof vote wascancelledbythe In ahistoricdecision,this 17 May yes % 50.1 Aircraft. curement ofnewFighter Federal Decree onthePro- yes % 60.3 leave). ty Leave(paternity - on MilitaryServiceorMaterni forPersonsLoss ofEarnings Act onCompensationfor Amendment totheFederal no % 63.2 (child deductions). Act onDirect FederalTaxation Amendment totheFederal no 51.9 % Birds (HuntingAct). tection ofWildMammalsand Act ontheHuntingandPro- Amendment totheFederal no 61.7 % (Limitation Initiative). ‘For moderateimmigration’ Federal PopularInitiative September 27 no 57.5 % rial manufacturers’. a banonfinancingwarmate- Federal PopularInitiative‘For by thecantons) of thePeople,butrejected no (acceptedby50.7 Business Initiative). environment’ (Responsible tecting humanrightsandthe responsible businesses–pro- Federal PopularInitiative‘For 2020 Votes in held % yes % 63.1 orientation). crimination basedonsexual Criminal Code(banondis- Criminal CodeandtheMilitary Amendments totheSwiss no 57.1 % ‘More affordable homes’. Federal PopularInitiativefor 9 February %

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Democracy Votes Democracy Elections 24 22 October2023 22 States willbeheldon most cantons)theCouncilof to theNationalCounciland(in tober 2019. Thenextelections elections were heldon20 Oc - The mostrecent federal Dates the guide,whichisalsoavailableonline. than oneseatintheNationalCouncil.Everyvoterissent the official ballotpaperscorrectly incantonswithmore An electionguideexplainshowtocompleteandreturn Election guide party orlistreceives. are allocatedinproportion tothenumberofvoteseach based onasystemofproportional representation: seats Elections totheNationalCouncilinmostcantonsare basedElections representation on proportional National Council(righttobeelected). cil (righttovote),theycanalsostandforelectionthe only cantheyvoteforthemembersofNationalCoun Swiss citizensovertheageof18 are eligibletovote:not elected be to and vote to Right in allcantons. The provisions oftheFederalActonPoliticalRightsapply Elections totheNationalCouncilare federalelections. Council National to the Elections Elections parties from which to choose. which from parties of range awide from ofcandidates number have They views. alarge their represent best that ofparliament members 246 the to elect aim Voters years. four every held are Assembly Federal to the Elections Youtube – to vote? to vote? Who hastheright

Youtube – (in German) vote? How doyou

- be atleast18 yearsoldandholdSwisscitizenship. and candidatesforelectiontotheCouncilofStatesmust tions totheCouncilofStatesare heldeveryfouryears the followingrulesare thesameinall26 cantons:elec dure isandhowballotpapersare completed.However, to vote,whenelectionsare held,whattheelectionproce tonal law:eachcantonhasitsownrulesonwhoiseligible Elections totheCouncilofStatesare bycan governed States of Council to the Elections ble tovoteincertaincantons. system applies.Swisscitizenslivingabroad are onlyeligi tion isused,whileintheothercantonssimplemajority Jura andNeuchâtel,asystemofproportional representa the electionstoNationalCouncil.Incantonsof Landsgemeinde’), whichisalwaysheldintheAprilbefore of theCouncilStatesatanoutdoorassembly(‘the In AppenzellInnerrhoden,voterselecttheirmember65. dates fortheCouncilofStatesmustbeunderage can alsovoteinelectionstotheCouncilofStates.Candi In thecantonofGlarus,Swisscitizensaged16 and17 Examples of cantonal differences • • receives themostvotesiselected. are basedonthesimplemajoritysystem:personwho Elections totheCouncilofStatesinalmosteverycanton basedElections on the simple majority system than anyoftheothercandidatesiselected. Relative majority:thepersonwhoreceives more votes half ofallthevotescastiselected. Absolute majority:thepersonwhoreceives more than Election guide (in German) National Council Elections tothe

elections 2019 www.ch.ch/

------federal courts and theAttorney General. elected thegovernment, themembersof federal federal actsand 94 decrees. Italso ing 134 same period,Parliament called onto vote specificproposals. In the on 33 theelectorate and2019, was the electionsin 2015 Parliament orthegovernment. However, between Even in Switzerland mostissuesare decidedby Elections are decisive Party strengths (shares ofthevoteinelectionstoNationalCouncil2019) % 32 % 20 28 24 16 12 0 % 4 % 8 % % % % % 1991 CVP FDP SP SVP 1995 passed 464 laws,passed 464 includ BDP GLP (LDU, EVP, CSP) Small centristparties 1999 2003 - • • • • mean? What does‘left-wing’ on therole ofthestate,societyandeconomy referendums. Partiesdiffer from eachotherintheirviews candidates forpublicoffice andlaunchinitiatives Political partieshelptoformpoliticalopinion,nominate CVP) willcooperatewitheitherleftorright-wingparties. issue, centre parties(e.g.‘TheCentre’, previously the values (e.g.same-sexpartnerships).Dependingonthe organisations,andissuesregardinginternational liberal how openSwitzerlandshouldbetowards theEUand right-wing, i.e.environmental protection, thequestionof sibility. Certainpoliticalissuesare neitherdistinctlyleftnor advocate aliberaleconomicpolicyandpersonalrespon developed socialstate,right-of-centre parties(FDP, SVP) Whereas left-wingparties(SP, theGreens) favourahighly the role ofthestate,societyandeconomy. from others.Theydiffer from eachotherintheirviews on number ofpartiestochoosefrom, someverydifferent In theelectionstoSwissparliament,there are quitea to right left from Parties military More peacepolicy, less services Price controls, public interests Emphasis onworkers’ levels socialdisparities A strong socialstatethat The Greens EàG, etc.) parties (PdA,alternative Small left-wingandgreen 2007 2011 mean? What does‘right-wing’ • • • • Strong nationaldefence incentives Free enterprise,economic interests Emphasis onemployers’ absolutely necessary intervenes onlywhere responsibility; thestate Freedom andpersonal Others (Lega, MCR,EDU,etc.) Small right-wingparties 2015 2019 - 25

Democracy Elections Democracy Political parties in the Federal Council and in Parliament 26 * Share ofthevoteat2019 parliamentary elections(‘partystrength’) www.svp.ch States of Council National Council Federal Council vote the of Share Marco Chiesa Party President Swiss People’s Party SVP – 4 seats,whiletheCVPlost2seats. Federal Councilalsolostseats:theSPandFDPboth National Council.Theotherpartiesrepresented inthe most seats–12 inall–itremains thestrongest partyinthe 17 seatsandtheglp9seats.AlthoughSVPlost made thelargestgains:TheGreens wonanadditional At the2019 federalelections,thetwoecologicalparties Council. Federal the in four of States, Council the in represented also are Five ofthose Council. National legislature period, eleven are represented in the political parties 2019 –2023 the level. In federal at a majority holds none of which Switzerland’s political landscape comprises many parties, different Council in and Parliament Federal in the Political parties

* % 25.6 53 6 2 Co-Presidents Cédric Wermuth Meyer Mattea www.sp.ch States of Council National Council Federal Council vote the of Share Democratic Party SP –SwissSocial

* 16.8

39 % 9 2

parliamentary groups ( convictions cometogetherin Parties withsimilarpolitical Petra Gössi Petra Party President FDP.The Liberals FDP – www.fdp.ch States of Council National Council Federal Council vote the of Share

* 15.1 p.36). 29 12 % 2 www.die-mitte.ch States of Council National Council Federal Council vote the of Share Gerhard Pfister Party President The Centre**

* 13.8

** 28 13 % ** 1

One of the 46 members oftheCouncilStatesdoesnotbelong toapoliticalparty.One ofthe46 vacant Party President Glättli Balthasar Party President www.lega-dei-ticinesi.ch States of Council National Council Federal Council vote the of Share www.gruene.ch States of Council National Council Federal Council vote the of Share Lega deiTicinesi LdT – Swiss Green Party The Greens –

L

E

G

A

D

E I

T

I C I N E S I

* * 13.2 % 0.8 28 % 0 1 0 5 0 Gavriel Pinson Party President Jürg Grossen Party President www.pda.ch States of Council National Council Federal Council vote the of Share www.gruenliberale.ch States of Council National Council Federal Council vote the of Share Swiss Workers’ Party PdA – Liberal Party glp –SwissGreen

* * % 0.8 7.8 16 % 0 1 0 0 0 Ensemble àGauche EàG cal People’s Party EVP –SwissEvangeli- www.eag-ge.ch States of Council National Council Federal Council Pierre Vanek Party President www.evppev.ch States of Council National Council Federal Council Marianne Streiff-Feller Party President vote the of Share vote the of Share

* * % 0.3 2.1 % 0 1 0 0 3 0 Democratic Union EDU –Federal BDP CVP No. ofNationalCouncilseats BDP CVP Share ofthevote achieved thefollowingresults: At the2019 elections,theparties known as‘TheCentre’ from 1.1.2021. and theBDP, thenewpartywillbe ** Followingthemerger oftheCVP Frischknecht Daniel Party President www.edu-schweiz.ch States of Council National Council Federal Council vote the of Share

3 25 2.4 % 11.4 %

* 1.0 % 0 1 0 27

Democracy Political parties in the Federal Council and in Parliament The Legislature Parliament At the beginning of September 2020, plastic The screens, which can be dismantled (once the screens were put up around the desks in the pandemic is over), have also been installed in National Council chamber to protect against the Council of States chamber and in various COVID-19. conference rooms in the Parliament Building. Members in the National Council Strength of parliamentary The Legislature and the Council of States groups

Centre group The Green Liberals Parliament FDP

SP

Parliament passes laws and elects the members of the federal SVP The government and the federal courts. It is responsible for the federal Greens budget and exercises oversight over the Federal Administration. Parliament is elected by the People. It consists of two chambers: the 200 members of the National Council National Council National Council and the Council of States. The National Council Centre group represents the people of Switzerland; the Council of States repre- FDP sents the 26 cantons. Each chamber has the same powers, and they SP

SVP conduct the same business. When sitting together in joint session, The Greens they constitute the United Federal Assembly. 46 members of the Council of States Council of States www.parliament.ch The LegislatureThe The LegislatureThe

Age groups in the Swiss Women and men in Parliament population and in Parliament Parliament Parliament

The home of Swiss political life The seat of Switzerland’s parliament is the Parliament Building in Bern. It was built between 1894 and 1902 according to plans drawn up by Hans Wilhelm Auer, and was inaugurated by the United Federal Assembly on 1 April 1902.

The architect had the aim of creating a national monu- ment. 95 % of the materials used were sourced within Switzerland; contracts were awarded to 173 Swiss firms and 38 Swiss artists were able to leave their mark in the Parliament Building for posterity. Naturally, Auer was careful to ensure that all of the cantons were represented when awarding the contracts.

The whole building is a reminder that Switzerland is a nation founded on the will of its people, in which different cultures, different linguistic areas and different geographi- CS NC CS NC CS NC CS NC Video about Parliament – ‘Erklär cal regions have come together of their own free will to mir das Parlament’ (in German) form a political, national entity. % of the population % in Parliament Women Men

30 31 Legislative provisions are enacted in the form of federal acts and ordinances. The The roles of Parliament The technical term for the Swiss parliament is remaining decrees are ‘federal ‘Federal Assembly’. Article 148 of the Federal decrees’. Referendums are required only for a small Constitution reads, for example: “Subject to the number of federal acts. Sim- rights of the People and Cantons, the Federal ple federal decrees and Parliament is responsible for enacting legislation, releasing funding, Assembly is the supreme authority of the Confed- ordinances cannot be stopped by a referendum. electing the members of the highest federal authorities and oversee- eration.” In the 50th legislature period ing the Federal Council, the Federal Administration and the federal (2015 – 2019) Parliament enacted 464 decrees: courts. 134 federal acts

Legislation Election of federal authorities Budget control and oversight 94 federal decrees

Parliament enacts legislative provisions in the form of The National Council and the Council of States come Parliament has sovereignty over federal finances: it deter- federal acts or ordinances. Amendments to the Federal together for elections to form the United Federal Assem- mines the budget for the following year, takes note of the The roles of Parliament of roles The Constitution must be put to the vote of the People and bly, which elects the members of the federal government Federal Council’s budget and approves the state ac- Parliament of roles The the Cantons. and the federal courts and, if necessary, appoints a gen- counts of the previous year. Parliament votes on the eral. During the winter session, it elects one member of budget during the winter session. The items of business The Federal Constitution Ordinances the Federal Council as president of the federal govern- move quickly from one chamber to the other. In the event forms the bedrock of the complement the acts. The ment, and another as vice president, each for a one-year that the National Council and the Council of States are Swiss Confederation. The Federal Council and the People and the Cantons are departments enact most of mandate. The United Federal Assembly also elects the unable to reach an agreement on the federal budget, the 226 simple federal decrees

Parliament the gatekeepers of the Con- the ordinances, which are Federal Council’s chief of staff, also known as the Federal lower amount is accepted. The finance and control com- Parliament stitution. Parliament can draft issued without the participa- Chancellor, and the Attorney General of Switzerland. mittees and their delegations are in charge of overseeing amendments to the Federal tion of Parliament. In the case the Federal Budget. They check the work of the Federal Constitution, but must put of an important ordinance, the them to the vote of the People relevant parliamentary com- 2019 Federal Council elections Council, the Federal Administration and the federal and the Cantons ( mandato- mittee may request that a During the last Federal Council elections in December courts, and thereby also examine the effectiveness of ry referendum, p. 22). People draft text be submitted for 2019, Parliament – meeting as the United Federal Assem- these authorities. can launch a popular initiative consultation. Ordinances are bly – re-elected all the members of the Federal Council. to amend the Constitution not subject to referendums. ( p. 22). After gaining over 10 % of the votes for the first time in the Federal revenues and expenses: p. 48 / 49 October 2019 parliamentary elections, the Green Party Federal acts was able to put its own candidate on the ballot. The formulate in detail the provi- Green Party ran against the FDP, however the FDP federal sions of the Constitution. They are enacted by Parlia- councillors Karin Keller-Sutter and Ignazio Cassis were ment, but are subject to an able to hold on to their seats after being re-elected by an optional referendum ( p. 22): absolute majority. The newly elected Federal Council If 50,000 eligible voters or eight cantons request a therefore remained unchanged ( p. 50). referendum, the act is submit- ted to the People for a vote. A majority of voters must approve the act for it to come into force.

10 ordinances

Video about the roles of the Federal Assembly (in German)

32 33 Organisation of Parliament

President of the National Council 2020/21 The Swiss parliament consists of two chambers: the National Andreas Aebi, Bern Swiss People’s Party Council and the Council of States. The National Council represents the Swiss population, while the Council of States represents the What priorities have you set for your year as president? 26 cantons. The two Councils have equal powers: All items of My aim is promote cohesion, confidence and a zest for life. business are handled both by the National Council and the Council In times of crisis such as these, there needs to be solidarity of States. The Councils must agree on all items of business before between young and old, between the country’s different regions, and between people working in different sectors, as their decisions can come into force. not everyone has been affected by the pandemic to the same Alongsideextent. your work as a member of parliament, you are also a farmer, auctioneer and tour operator. How do you manage to fit it all in?

I’ve managed well for 30 years. I have a great wife, a wonderful family and a good circle of friends. And as a former battalion commander in the Swiss army, I have learned the art of how to organise systematically. It’s The large chamber is the The small chamber is the The United Federal Assembly certainly a great advantage that I live very close to Bern and don’t have a long commute. National Council Council of States The National Council and the Council of States convene as the United Federal Assembly to handle specific items of Organisation of Parliament of Organisation

The National Council represents the people living in Swit- The Council of States has 46 seats and represents the Parliament of Organisation business. The United Federal Assembly elects the mem- zerland. It has 200 seats. Cantons with a larger popula- cantons. Twenty cantons have two seats, and six cantons bers of the federal government and the Federal Supreme tion have more seats. Each canton is entitled to at least have one seat. The six cantons with only one seat were Court, the Federal Chancellor, and the Attorney General of one seat. Each member of the National Council repre- until 1999 listed as ‘half cantons’ in the Federal Constitu- Switzerland. It also meets to take note of statements made sents around 42,000 people. The National Council is also tion. They are Obwalden and Nidwalden, Appenzell Ausser­ by the Federal Council, and rule on conflicts of jurisdiction. known as the ‘large chamber’ or the ‘people’s chamber’. rhoden and Appenzell Innerrhoden, and Basel-Stadt and President of the Council Basel-Landschaft. The size of a canton’s population is not of States 2020/21 Parliament President of the National Council for 2021 a determining factor in its number of seats in the Council of Alex Kuprecht, Schwyz Parliament Swiss People’s Party Every year, a different member acts as president of the States. The canton of Uri, which has a comparatively small Sessions National Council. Andreas Aebi (SVP) will preside over the population, has the same number of two seats as does the The National Council and the Council of States meet for What will you set out to achieve during your year as National Council in 2021. The president plans and directs populous canton of Zurich. This system balances out the three-week sessions in spring, summer, autumn and winter president? National Council deliberations, heads the Council Office voting power of the populous cantons in the National to deliberate and rule on items of business. The two cham- and represents the National Council externally. Council. The Council of States is often referred to as the bers meet separately, but under the same roof of the Parlia- ‘small chamber’ or the ‘chamber of the cantons’. ment Building in Bern. Council Office, parliamentary group My aim will be to try to stimulate the special culture Election based on proportional representation and committee meetings take place in-between sessions. in the Council of States. In the Council of States, we conduct National Council elections are held every four years in President of the Council of States for 2021 our debates through reasoned argument based on facts in most cantons on a proportional basis. This means that Every year a different member acts as president of the Schedule of sessions for 2021 Election oft the presidents of order to reach the best solution. We should continue to the seats held by a canton are distributed among the Council of States. Alex Kuprecht (SVP) will preside over the Spring session: the National Council and of carefully foster and uphold virtues such as giving careful different political parties based on the votes they receive. Council of States in 2021. The president plans and directs 1 – 19 March the Council of States: consideration to the long-term interests of the state. In doing This makes it possible for smaller political forces to be the Council of States deliberations, heads the Council Summer session: 29 November so, we serve as a valuable counterpoint to the more party-po-

represented in the people’s chamber. Office and represents the Council of States externally. 31 May – 18 June Autumn session: Election of the President of litical and very often personal interest-driven nature of 13 September – 1 October the Swiss Confederation and Wherebusiness do in you the seeNational Switzerland Council. in five years’ time? National Council elections schedule Election based on the simple majority system Winter session: the vice president of the The next elections will be held in October 2023. Council of States elections are held every four years, in 29 November – 17 December Federal Council: 8 December most cantons at the same time as the National Council Special session (if required): Well, I hope that COVID-19 is no longer with us. Beyond that, I elections. Council of States elections are almost always 3 – 6 May The meetings are open to the think that we need to work on our relations with the based on the simple majority system. This means that the public. The debates are European Union. I hope that Switzerland can retain its broadcast live on the Parlia- candidate who receives the most votes is elected. The independence in the coming years. We have to position ment website, and published cantons decide individually when and how they elect their after around an hour as a ourselves economically, socially and culturally, so that in five representatives to the Council of States. verbatim report with a video to ten years’ time we will be able to say that Switzerland is Video of the most impor- in the Official Bulletin: where we want to live. tant bodies of the Federal Council of States elections schedule www.parliament.ch Assembly (in German) The next elections will be held in April or October 2023.

34 35 Political parties and Allocation of seats in the National Council

parliamentary groups Debates in the Councils Despite the fact that the two Eleven parties are represented in Parliament, none of Councils have the same which holds a majority ( p. 26). There are five parties rights, there are clear differ- ences – not least because of that each make up 10 % or more of the seats in the their difference in size. In the Federal Assembly (SVP: 24 %, SP: 20 %, FDP: 17 %, The National Council, debates are Centre: 15 % and The Greens: 13 %). These parties are all more rigourously regulated, represented in the Federal Council, with the exception of and speaking time is restrict- ed. Members of the National the Green Party, which gained over 10 % of the votes for Council wishing to express an the first time in the 2019 parliamentary elections. Howev- opinion must step up to the er, parliamentary groups all have greater clout than the lectern to do so, while mem- parties in the parliamentary process. bers of the Council of States may speak from their seats and are not subjected to Parliament is divided politically into six parliamentary speaking restrictions. During groups. They are made up of Council members of the Council of States debates, same party or ofparties with similar views. Even members everyone may take the floor. This leaves more room for of small cantonal parties or independents tend to join a spontaneity. parliamentary group. At least five members are needed to form a parliamentary group.

In the National Council, membership of a parliamentary group is particularly important, as it is a prerequisite to be The parliamentary groups are important for the granted a seat on a committee. The more members a formation of political opinion. They discuss parliamentary group has, the more seats they are entitled important items of Council business with the aim to on committees, and the greater the influence they have of agreeing on a common position, which can be in Parliament. In the Council of States, parliamentary supported by the Council members in the chamber groups play a less important role. and before the media and the general public. Organisation of Parliament of Organisation Organisation of Parliament of Organisation

Allocation of seats in the Council of States Parliament Parliament

National Council chamber Council of States chamber

Parliamentary group President Composition / party Total NC CS

Group of the Swiss People’s Party Thomas Aeschi 59 SVP, 1 Lega, 1 EDU, 62 55 7 1 independent

Social Democratic Group Roger Nordmann 48 SP 48 39 9

Centre group (The Centre-EVP) Andrea Gmür-­ 41 The Centre, 3 EVP 44 31 13 Schönenberger SVP SP FDP.The Liberals Group Beat Walti 41 FDP.The Liberals 41 29 12 Centre group Green Group Aline Trede 33 The Greens, 1 PdA, 1 EàG 35 30 5 FDP.The Liberals The Greens Green Liberal Group Tiana Angelina Moser 16 GLP 16 16 0 www.parliament.ch – Who sits where? GLP (in German)

36 37 Procedural requests tabled by each Council member

2020

Parliamentary instruments

Members of the Federal Assembly, parliamentary groups and committees can initiate measures, propose new legislation and request information or reports. These procedural requests are generally addressed to the Fed- parliamentary groups political parties eral Council.

• Members of the Federal Assembly, parliamentary groups and committees can table a parliamentary initiative to propose draft legislation. If both Councils agree, a committee will draw up the draft legislation. 2019

• A motion is used to instruct the Federal Council to draft legislation (an act or an ordinance) or to take a specific measure. A motion must be approved by both Coun- cils.

specialist committees supervisory committees • A postulate is used to instruct the Federal Council to per Council per Council examine and report whether a new law should be draft- ed or measures taken. A postulate is accepted if a Council agrees to it. Organisation of Parliament of Organisation Parliament of Organisation Before a motion or a postulate is submitted to the Committees and delegations Council, the Federal Council puts forward a recommen- 2018 dation. The procedural requests recommended for The full Parliament is made up of 246 members. It would Supervisory committees adoption are expedited. The recommendation is pre- be difficult for so many people to deliberate an item of Each chamber has two supervisory committees: one to pared by the relevant department.

Parliament business. This is why initial discussions on all items of oversee federal finances and the other to examine the Parliament business take place in committees, which hold their business of other federal authorities (Finance Committees • An interpellation is a request to the Federal Council for meetings in camera. National Council committees com- and Control Committees). The most rigorous means of information on important incidents in Switzerland and prise 25 members each, while those in the Council of parliamentary oversight is the Parliamentary Investigation abroad, and on federal government matters. The Fed- States comprise 13 members. There are different types of Committee (PInC). Only four PlnCs have ever been ap- eral Council’s response is then sometimes discussed in committees: pointed in the history of Switzerland, the last one in 1996. the Council of States and, in the case of urgent inter- pellations, also in the National Council. Specialist committees Delegations The National Council and the Council of States have nine Delegations are composed of members of both cham- • Questions are used to request information from the committees that deal with specific areas. They discuss bers. Three delegations perform supervisory functions; Federal Council. The Federal Council answers ques- 2010 items of business related to their specific area and stay six delegations represent the Swiss parliament in interna- tions in writing. They are not dealt with in the Council. up-to-date on any relevant social and political develop- tional parliamentary assemblies; and five additional dele- Urgent questions must be answered by the Federal ments. gations are in charge of fostering relations with foreign Council in the same session. parliaments. Specific areas: • During question time in the National Council, Council • Legal affairs members can ask the Federal Council questions on • Security policy current issues. The questions must be submitted in • State policy writing one week in advance and will be answered • Economy and taxes orally by the responsible head of department. 2000 • Social security and healthcare • Science, education and culture • Transport and telecommunications • Environment, spatial planning and energy • Foreign policy Zimmer 286, a film about the work of the parliamentary committees (in German)

38 39 Particularities of Parliament

Three official languages

Shifting majorities Parliament deliberates and legislates in the Confedera- tion’s three official languages: German, French and Italian. Two councils with equal powers During National Council sessions, simultaneous interpre- Several parties are represented in Parliament, none of tation into the two other official languages is provided for which holds a majority. Parliament does not have a lasting In many countries, parliament is unicameral. In Switzer- all member statements. Multilingualism reflects the re- majority nor a permanent opposition, as is the case in land, Parliament has two chambers – the National Council spect for minorities, which is the basis for living together Voting recommendations many other countries. Majorities are built on the basis of and the Council of States – which have exactly the same in Switzerland. Every statement is published in the lan- the issues and depending on which parties agree on an powers and responsibilities. The two chambers deal with guage in which it was submitted in the Official Bulletin. Popular votes are held regularly in Switzerland. Parlia- issue. the same business in the same way. They must agree on ment and the Federal Council provide voting recommen- all points for a bill to come into force, and must use the dations on each proposal in an explanatory pamphlet that same wording to adopt legislation. So approval by only is sent to eligible voters before the vote. The pamphlet is one chamber is not enough. It often takes time for the also available online. Particularities of Parliament of Particularities National Council and the Council of States to reach an Parliament of Particularities agreement. Parliament Parliament

Semi-professional Parliament Stability The members of the Swiss parliament are not full-time The government and Parliament are elected for a period politicians. Part-time politicians bring hands-on expertise of four years, and cannot be dissolved. Parliament’s deci- to debates due to their professional activities, and they sions are not an expression of confidence or no confi- are more grounded and accessible to the People. Howev- Resolution of differences dence in the government. Parliament can send back, The People have the last word er, Council members spend more and more time on their amend or reject draft legislation, without the government parliamentary work, some even full-time. This gives Swit- In the event that the National Council and the Council of having to step down. This gives Parliament a strong posi- In Switzerland, it is not Parliament that has the last word, zerland a mixture of part-time and full-time politicians. States are unable to reach an agreement on an item of tion. In addition, Parliament is the only body at national but the electorate. In addition to the right to vote, eligible business, the business is sent from one chamber to the level that is directly legitimised by the People. voters have two options for directly influencing national other for a resolution of differences, where it is examined politics: by the preliminary consultation committees. If the Nation- • Referendums ( p. 22) al Council and the Council of States are still not in agree- • Popular initiatives ( p. 22) ment about the business after three rounds, a reconcilia- tion conference is held. Without agreement on the business, it is abandoned. ( p. 43)

40 41 How new laws come about Milestones in national legislation 1919 System of proportional representation for the National Council elections Enacting new legislation takes time and consists of several stages. 1948 OASI (Old Age and Survivors’ Insurance) 1971 Women’s right to vote Many different actors are involved in the legislative process. Only 2000 Complete revision of the Federal Constitution once they have all shared their views, and the National Council and 2000 Switzerland’s bilateral agreements with the EU the Council of States agree on the wording of the law can the Federal 2002 Switzerland’s accession to the UN Council bring the law into force. And, of course, only once the People have given their approval.

Swiss voters

14 16 Parliament Optional referendum Entry into force 13 The law adopted by Parlia- If the majority of voters How new laws come about Final vote in the first and ment is brought back to the approve the new law, the How new laws come about 8 second chambers People for a vote. The People Federal Council can bring Preliminary examination The jointly reached agreement have the last word (Referen- it into force. by the committee of the is put to a final vote in the dum  p. 22). If a referendum 7 second chamber National Council and the is not sought within 100 days,

The committee of the second Council of States. Parliament the Federal Council may bring Consultation in the first The Federal Council and chamber discusses the text votes in favour of the new law. the law into force. chamber (e.g. the National approved by the first chamber Parliament the Federal Administration Council) Parliament and submits a proposal to its 12 15 The first chamber has three Council (second chamber). options: it may consider the Conference of conciliation Popular vote law to be superfluous and In the event of unresolved If a referendum is launched 1 9 request that it not be enacted; differences between the against the law, the law will Impetus it can reject the text and Consultation in the second National Council and the be put to the vote of the It is the Federal Council or instruct the Federal Council or chamber (e.g. Council of Council of States after three People. Parliament that gives the 4 the committee concerned to States) rounds, a conference of impetus (in the form of a revise it; or it can discuss the The second chamber has the conciliation is held. The parliamentary initiative, a Draft legislation law in detail and make a same options as the first conference is composed of motion or a postulate  p. 39) Department X prepares the decision. chamber: request to not enact members of the preliminary for a new law. The cantons preliminary draft law and 5 the law, rejection of the text; consultation committees who may also request a new law adapts it on the basis of the Federal Council Dispatch or point by point deliberation work together to find an (cantonal initiative). results of the consultation 6 The Federal Council examines and making a decision. agreement. The agreement procedure. It then submits the the bill and sends it to Parlia- Preliminary examination by is then submitted to the first bill to the Federal Council. 2 ment. the committee of the first chamber, and then to the 10 chamber second chamber. Preliminary draft 3 The presidents of the National Resolution of differences The Federal Council instructs Council and the Council of in the first chamber Department X to draw up Consultation procedure 11 States decide whether the bill If the decisions of the Nation- a preliminary draft for a law. Department X submits the is dealt with first in the Na- al Council and the Council of Resolution of differences All departments and federal preliminary draft to the Feder- tional Council or in the Coun- States differ, a procedure for in the second chamber offices are consulted on this al Council, which initiates the cil of States. A committee of the resolution of differences is After discussing and voting preliminary draft (office con- consultation procedure. The the first chamber discusses initiated. The committee of on this proposal, the prelimi- sultation procedure). consultation procedure allows the text and submits a pro- the first chamber makes a nary consultation committee all citizens, cantons, com- posal to its Council (first proposal to the first chamber. of the second chamber ad- munes, political parties, chamber). (Committees  dresses the remaining differ- federations, trade unions, p. 38). ences and makes a proposal associations, churches and to the second chamber. interest groups to comment on the preliminary draft.

42 43 10 legal provisions that apply since the beginning of 2021 The Parliamentary Services

The Parliamentary Services support Council members in fulfilling Public transport CBD hemp their duties. They are answerable to Parliament and operate inde- Passengers are now entitled The production and marketing to compensation if their of seeds and seedlings for the pendently of the Federal Council and the Federal Administration. journey is delayed by one production of CBD hemp in hour or more. agriculture is permitted. The cultivation and use of narcotic hemp (cannabis) remains prohibited. Support for Parliament Open Day events for

Radio and television fees the general public The Parliamentary Services serve as Parliament’s own Radio and television fees independent staff office, which works on behalf of both for households have been Every year, around 100,000 people visit the Swiss parlia- reduced from CHF 365 to Cycling chambers. The Parliamentary Services have a staff of ment. Visitors can watch Council debates from the galler- CHF 335. Those who receive Children up to the age of 12 around 300 (amounting to more than 200 full-time equiv- supplementary benefits to are allowed to cycle on the ies during the sessions. Between sessions, the Parlia- alents). Their tasks include organising Council and com- OASI or Invalidity Insurance pavement if there are no cycle mentary Services offer guided tours of Parliament. mittee meetings and handling translations. are still exempt. lanes or cycle tracks. Was Einstein right? Visitors can visit the parliament building without prior Albert Einstein once said that “if the world were to reservation during the Open Day events which are organ- The Parliamentary Services support Parliament in end, I’d prefer to be in Switzerland. Everything ised several times a year. Due to the high demand for fulfilling its duties. They: happens five years later there.” Is he right? The visits during the sessions and guided tours, we recom- • plan and organise Council sessions and the parliamen- end of the world could well be thrown off course in mend you make reservations as early as possible. tary committee meetings; the consultation procedure, or at the very least in Driving test • provide a secretariat and translation services, and take A passed theory test is now Alcohol Parliament. There may well also be disagreement Open Day schedule 2021 valid for an unlimited period of Motorway service stations are the minutes of the debates of the Councils and the 24 April 10 legal provisions legal 10

within the Federal Council on a reasonable time Services Parliamentary The committees; 26 June time. A provisional driving now permitted to serve and schedule for the end of the world. And Swiss licence can be applied for at sell alcoholic beverages. • advise Council members, in particular the presidents of 1 August voters will also have their say in the matter! One 16 October the age of 17 instead of 18. the Councils and committees, on substantive issues can assume that Swiss voters would reject the end and matters of procedure; of the world. It looks like, for once, Einstein was • inform the public about Parliament and its activities; wrong: the world would not simply end a few • support Parliament in maintaining international relations; years later in Switzerland, it would not be allowed

Parliament • manage the parliamentary library and provide docu- Parliament to end, ever. Women in executive mentation and IT services to Council members; www.parliament.ch – Visiting Paternity leave positions • provide an adequate infrastructure and perform many the Parliament Building Excerpt from a speech by Federal Councillor Fathers of newborn children In large listed companies other parliamentary administration tasks. are now entitled to two weeks headquartered in Switzerland, Alain Berset of paternity leave, which they a new benchmark of 30 per can take during the first six cent of women on the board months after the birth. of directors and 20 per cent on the executive board ap- plies.

Motorway In the event of congestion, slow-moving traffic or an Turning right accident, it is now permitted Cyclists and moped riders are to pass moving cars on the now permitted to turn right at right. Overtaking on the right traffic lights if this is signalled. and switching lanes again remains prohibited. Expenses 2019 (CHF) Staff (FTEs) 2019 65 million 222 Federal law www.fedlex.admin.ch

Parliamentary Services, Secretary General: www.parliament.ch Philippe Schwab

44 45 The Executive The Government On 1 January each year, the Federal Chancellery design and select the photographer. The design publishes the official photo of the Federal Coun- for 2021 was chosen by Guy Parmelin as he is cil. The president for that year gets to decide the president this year. Government The Executive 48 The GovernmentThe ExecutiveThe www.admin.ch mechanism. brake debt by the ensured is this term: longer over the receipts not exceed may its expenditure Confederation’s The Chancellery. Federal the and of seven up departments made is Administration The Administration. Federal by the tasks its in assisted is Council year. every rotates Federal The manner. presidency The a collegial in decisions their defend and take decisions who seven members, The Federal Council is Switzerland’s government. It consists of The FederalCouncil –abriefguide Youtube – www.ch.ch Taxes inSwitzerland

in asolidposition. debt, SwitzerlandandtheConfederation inparticularare nues thanusual.Thankstothe lowlevelofgovernment same time,theConfederation is expectinglowertaxreve series ofmeasures costingseveralbillionfrancs.Atthe people, theFederalCounciland Parliamenthavetakena of federalfinances.To supporttheeconomyand the since early2020 hashadasignificantimpactonthestate The pandemicthathasbeenragingaround theworld COVID-19 then undertakeadditionalexpenditure. recessions may andnaturaldisasters;thegovernment made inextraordinary crisissituationssuch asserious weak. Thedebtbrakedoesallowforanexceptiontobe more thanitcollectsinreceipts whentheeconomyis surplus whentheeconomyisthrivingandmayspend and receipts overthelongerterm.Itisrequired toruna The Confederationisrequired tobalanceitsexpenditure Debt brakemechanism ment oftheprevious year( cides thebudgetandapproves thestatefinancial Parliament hassovereignty overfederalfinances:itde referendum, p. 22). majority ofthePeopleandcantonsagree (mandatory and valueaddedtax.Thesemayonlybemodifiedifa for themainsources ofreceipts, namelydirect federaltax eration isallowedtoraise.Maximumtaxratesare defined The FederalConstitutionsetsoutwhattaxestheConfed Federal finances:checkedandapproved

p. 33, p. 38).

- - - - the secondjoinedin1919. CVP) joinedthegovernment; Catholic Conservatives(today 1891 years. 43 aloneforThe partygoverned (today FDP.The Liberals). of theFree DemocraticParty composed ofsevenmembers 1848 1948 since Council Federal ofthe composition party Political goods andservices. and onbusinessprofits (8,5 income ofprivateindividuals(progressive, max.11,5 sources ofreceipts. Direct federaltaxisraisedonthe Direct federaltaxandVAT are theConfederation’s main Receipts of 74.5 billion Federal receipts and expenditure (2019) 1848 FDP FDP FDP FDP FDP FDP FDP Thefirstmemberofthe TheFederalCouncilwas 1891 CVP FDP FDP FDP FDP FDP FDP

30 31 10 3 % 3 % 11 % 6 6 % % %). VAT is7,7 % % % Direct federaltax Other taxreceipts Value addedtax Tobacco duty Tobacco duty Stamp tax Withholding 1951. ment; thesecondfollowedin crat (SP)entered- thegovern 1943 Council. (today SVP)totheFederal Trades’ andCitizens’Party member oftheFarmers’, 1929 Non taxreceipts Mineral oiltax Parliamentelecteda ThefirstSocialDemo- 1919 CVP CVP FDP FDP FDP FDP FDP % onmost 1929 CVP CVP FDP FDP FDP FDP SVP %), 1943 CVP CVP FDP FDP FDP SVP SP cratic Party(BDP). founded ConservativeDemo- of theSVPjoinednewly 2008 at theexpenseofCVP. elections, theSVPwonaseat 2003 years. changed for44 The formularemained un- la’: 2FDP, 2CVP, 2SP, 1SVP. by applyingthe‘magicformu- agreed toformagovernment 1959 health insurancepremium reductions, andmigration. major areas ofexpenditure are supplementarybenefits, sion (OASI),andasixthtoinvalidityinsurance(II).Other welfare. Halfofthatgoestowards oldagepensionprovi Almost athird offederalexpenditure goestowards social of 71.4Expenditure billion Thefourstrongest parties AttheFederalCouncil Thetworepresentatives 1951 CVP CVP FDP FDP SVP SP SP 11 14 % 11 % 5 % 5 8 % 14 31 % % % % 2003 CVP FDP FDP SVP SVP SP SP Transport Other expenditure Other relations Foreign Agriculture andfood Security Education andresearch Finances andtaxation welfare Social cording tothe2:2:2:1 formula. different political parties–ac- posed ofmembersfrom four Council hasagainbeencom- Since in herplace. elected anSVPrepresentative stepped down.Parliament 2015 retiring BDPrepresentative. was electedinplaceofa 2009 TheBDPrepresentative AmemberoftheSVP 2008 BDP BDP then TheFederal CVP FDP FDP SP SP 2009 BDP CVP FDP FDP SVP SP SP 2015 CVP FDP FDP SVP SVP SP SP - 49

Government The Executive Government The Federal Council 50 Council since2016 Member oftheFederal Education andResearch ment ofEconomicAffairs, Head oftheFederalDepart­ Guy Parmelin President region. speaking Italian- the from one and part French-speaking the from two ofSwitzerland, part German-speaking the from Four come parties. different four from drawn are Council Federal ofthe members year. each current The ofpresident post the holding member adifferent with years, four every by Parliament elected are They The Federal Council comprises seven of members equal standing. The Federal Council the meetings. cellery supporttheFederalCouncilbyhelpingtoprepare business. ThesevendepartmentsandtheFederalChan sions. Eachyear, itdecidesonmore itemsof than2500 cially demandingissuesare discussedinspecialses The FederalCouncilnormallymeetseveryweek.Espe in its external dealings in itsexternal represents the government but chairsthemeetingsand bers oftheFederalCouncil, standing totheothermem­ The president isofequal Party affiliation SVP SVP

Vice President Party affiliation FDP Council since2017 Member oftheFederal of Foreign Affairs Head oftheFederalDepartment Ignazio Cassis FDP

- - - Ueli Maurer December 2023 ry electionsinOctober) cil (followingtheparliamenta­ Election oftheFederalCoun­ 8 December2021 vice president: Election ofthepresident and Important dates Council since2009 Member oftheFederal ment ofFinance Head oftheFederalDepart­ Party affiliation SVP SVP

Party affiliation SP Council since2010 Member oftheFederal Energy andCommunications of theEnvironment, Transport, Head oftheFederalDepartment Sommaruga Simonetta SP

Council since2012 Member oftheFederal ment ofHomeAffairs Head oftheFederalDepart­ Alain Berset the largestpartiesare represented inthegovernment. ing tothestrength ofthepoliticalparties:asaresult, all Parliament allocatesseatsontheFederalCouncilaccord both maleandfemalecandidatesforelection.Normally Federal Council.Thepartiesare expectedtopropose and languagestobe‘appropriately represented’ inthe The FederalConstitutionrequires Switzerland’s regions Consociationalism opinions orthepositiontakenbytheirparty. jointly, evenifthesedecisionsare contrarytotheirown the FederalCouncildefenddecisionstheyhavetaken Federal Councilpresents aunitedfront: themembersof sensus andreach theirdecisionstogether. Outwardly, the ing viewsandvalues.However, theyalwaysseekacon The membersoftheFederalCounciloftenhaveconflict Consensus dealings.Thepresidencyin itsexternal rotates eachyear. tion chairsthemeetingsandrepresents thegovernment have equalrights.Thepresident oftheSwissConfedera the FederalCouncilare eachmembersofthecollegeand thesevenmembersofcollegial bodyasitsgovernment: Switzerland istheonlycountryinworldthathasa Collegiality Federal Council? the about special is What Party affiliation SP SP

Council since2019 Member oftheFederal tion andSport ment ofDefence,CivilProtec­ Head oftheFederalDepart­ Viola Amherd Party affiliation CVP The Centre

- - - - Party affiliation FDP Council since2019 Member oftheFederal ment ofJusticeandPolice Head oftheFederalDepart­ Karin Keller-Sutter rejected. times inParliament,buteachoftheseproposals was election bythePeoplehasalsobeenproposed several sion, boththePeopleandcantonsvotedagainst.An Swiss people:in1900, 1942 and2013. Oneachocca whether theFederalCouncilshouldbeelectedby The Swisselectoratehasalready votedthree timeson People the by elected Not for election. office untilheorsheretires orchoosesnottostandagain Normally amemberoftheFederalCouncilremains in removed. Theycanbere-elected anynumberoftimes. liament toserveafour-year termofoffice andcannotbe The membersoftheFederalCouncilare electedbyPar Stability 2 SVP, 1CVP(‘TheCentre’ from 1.1.2021). there hasbeenaminorshift:2FDP,Since 2003, 2SP, and 2CVPrepresentatives, and1SVPrepresentative. theFederalCouncilwasmadeupof2FDP,2003), 2SP years(1959the fourthlargestpartyhasoneseat.For44 – parties eachholdtwoseatsintheFederalCouncil,while composition oftheFederalCouncil:largestthree 2:2:2:1 istheendlesslydebatedformulaforpolitical Magic Formula FDP

also electedbyParliament. Chancellery ( staff andheadstheFederal the FederalCouncil’s chiefof The FederalChancelloris Federal Chancellor In office since2016 Federal Chancellor Walter Thurnherr Party affiliation CVP The Centre p. 56). Heis p.56). -

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Government The Federal Council Government The Federal Council’s tasks 52 www.admin.ch/abstimmungen www.admin.ch/news www.admin.ch/TV ballot papersandpublishedontheinternet. voted inared booklet,whichisposted tovoterswiththeir sions andintentions.Itexplainsproposals thatare being the generalpublicwithregular information onitsdeci The FederalCouncilprovides thecantons,Parliamentand Providing information decision. Council submitsitsbilltoParliamentfordebateanda tation process. Aftertheseconsultations,theFederal groups,and concerned whichare expressed inaconsul account oftheviewscantons,parties,associations lar votes.Itsproposals receive broad support:theytake proposals onhowtoimplementdecisionstakeninpopu The FederalCouncilsubmitsnewlawstoParliamentand Preparing legislation Federal Council’sThe tasks - - - Parliament of decisions the Implementing of adepartment( ments. EachmemberoftheFederalCouncilishead depart istration isorganisedintosevengovernment employees.TheAdmin tration, whichhasaround 38,000 The FederalCouncilisinchargeoftheAdminis Administration Heading Federal the Federal Councilensures thattheseare taken. mented. IfParliamentrequests particularmeasures, the out thespecificsonhownewlawshouldbeimple Federal Councilissuestherequired ordinances. Theyset As soonasParliamenthasdecidedonanewlaw, the FDJP

DETEC

DDPS

FDFA p.54/55).

FDHA

FDF

EAER

- - - - People andthecantons. port foritsplans,inParliamentandifneedbeamongthe it planstoinvestfederalfunds.Ithasfindmajoritysup issues amissionstatement,setsgoalsandindicateshow The FederalCouncilsetstheagendaforfuture: it Planning for the future 53 measures. 53 selves include18 goalsand Mission Statementthem­ These three elementsinthe reliable partnerintheworld. the climateandactasa security, engageinprotecting 3. cooperation. international contribute toconsolidating age nationalcohesionand 2. red bydigitaltransformation. exploit theopportunities offe­ prosperity sustainablyand 1. –2023 2019 period ture statement forthelegisla Federal Councilmission Switzerland shallsecure its Switzerland shallguarantee Switzerland shallencour ­ - - these decisions. Parliament gave itsretrospective approval to all cancellation ofapopularvote. Asrequired by law, emergency credits, short-timework, and even the bans on publicgatherings, virus crisisin 2020: drastic short-term measures during thecorona ­ theFederalresult, Council was ableto order wide-ranging powers on theFederal Council. Asa risk to public health,theEpidemicsAct confers 185). In theeventArt. ofthere being an exceptional issue emergency ordinances (Federal Constitution endangered, theFederal Council hasthepower to If Switzerland’s internal orexternal securityis Governing in timesofcrisis to eachother’sviews andseekacommonapproach. granted. We have to approach oneanotheranew, listen identity, which issomethingthatcannotbetaken for balanced solutions.Anditcreates afeeling ofshared complicated andtimeconsuming,butitoften leadsto federalism –alsoasignofdiversity –sometimesseems It isourdiversity thatmakes Switzerland strong. Our What are thestrengths ofourpoliticalsystem? to say. talking to young peopleandlistening to what they have contribute equally to thesearch for consensus.Ienjoy people are ofallages.Young andolderspecialists alike councillor isbacked upby agreat many staff,andthese represented intheFederal Council. Butevery federal It’s truethattheyounger generation isnotdirectly represents theinterests oftheyounger generation? well represented in theFederal Council. Butwho Men and women andthedifferent regions are currently respect. with thepresidency is anhonour, andonethatIacceptwith occasions are alsoaprivilege. Everything thatisassociated giving speechesandwritten messagesto mark special Chairing theweekly meetingsoftheFederal Council and and more intensive exchanges withothercountries. appearances atmajorevents, more contactwiththepublic, The privileges enjoyed by thepresident includeadditional What are themain ones? As president you undoubtedly enjoy many privileges. Guy Parmelin Confederation 2021 President oftheSwiss

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Government The Federal Council’s tasks Government Federal Administration 54 Commissioner Protection andInformation Office oftheFederalData Autonomous organisation Federal Chancellor Walter Thurnherr Federal Chancellery FCh Staff office Federal Administration apprentices, 549 are graduateapprentices, 549 interns. in theFederal Administration. full-time equivalents) (35,109 38,765 Federal Department FDFA of Foreign Affairs Directorate forResources ment andCooperation Swiss AgencyforDevelop- Consular Directorate Law Directorate ofInternational State Secretariat General Secretariat Head ofDepartment Ignazio Cassis Departments 1,155 ofthoseare 1,155 staff work

of HomeAffairs Federal Department FDHA Head ofDepartment Alain Berset Office Federal SocialInsurance Federal StatisticalOffice Veterinary Office Federal FoodSafetyand Health Federal Office ofPublic and ClimatologyMeteoSwiss Federal Office ofMeteorology Swiss FederalArchives Federal Office ofCulture Equality Federal Office forGender General Secretariat Pro Helvetia Swiss ArtsCouncil Swiss NationalMuseum Products Swissmedic Swiss AgencyforTherapeutic Autonomous organisations

Head ofDepartment Karin Keller-Sutter of JusticeandPolice Federal Department FDJP Federal Office ofPolice Federal Office ofJustice State Secretariat forMigration General Secretariat Prevention ofTorture National Commissionforthe Rights Copyrights andRelated sion fortheExploitationof Federal ArbitrationCommis- Migration Federal Commissionon Federal GamingBoard Authority Federal AuditOversight tive Law Swiss InstituteofCompara- Federal InstituteofMetrology Intellectual Property Federal Instituteof Autonomous organisations

Head ofDepartment Viola Amherd Sport Defence, CivilProtection and Federal Departmentof DDPS Federal Council. full by the supervised is awhole as lor, Administration Federal the council by afederal headed is department each While Chancellery. Federal the and ofseven departments government consists It Federal the CouncilThe Federal in supports its Administration tasks. Federal Office ofSport Protection Federal Office forCivil swisstopo Federal Office ofTopography Procurement armasuisse Federal Office forDefence Defence sector Federal IntelligenceService General Attorney Office oftheArmedForces General Secretariat

of Finance Federal Department FDF Head ofDepartment Ueli Maurer PUBLICA Federal PensionFund Swiss FederalAuditOffice Supervisory Authority Swiss FinancialMarket Autonomous organisations and Logistics Federal Office forBuildings Telecommunications Technology, Systemsand Federal Office ofInformation tion Federal CustomsAdministra- Federal Tax Administration Federal Office ofPersonnel tion Federal FinanceAdministra- tional FinancialMatters State Secretariat- forInterna General Secretariat

and Research Economic Affairs, Education Federal Departmentof EAER Head ofDepartment Guy Parmelin Innosuisse Swiss InnovationAgency Training Vocational Educationand Swiss FederalInstitutefor of Technology ETH Board oftheFederalInstitutes Competition Commission Office ofthePriceSupervisor Autonomous organisations Service Federal Office forCivilian Federal Office forHousing Economic Supply Federal Office forNational Federal Office forAgriculture tion, Research andInnovation State Secretariat forEduca - Economic Affairs SECO State Secretariat for General Secretariat

Head ofDepartment Simonetta Sommaruga Energy andCommunications Environment, Transport, Federal Departmentofthe DETEC RailCom Rail Transport Commission Commission PostCom Federal PostalServices Television Authority forRadioand Independent Complaints Commission ComCom Federal Communications sion ElCom Federal ElectricityCommis- Investigation Board Swiss Transportation Safety Heavy Current Installations Federal Inspectoratefor Inspectorate Swiss FederalNuclearSafety Autonomous organisations Development Federal Office forSpatial Environment Federal Office forthe of Communications Federal Office Federal RoadsOffice of Energy Swiss FederalOffice Federal Office ofCivilAviation Federal Office ofTransport General Secretariat

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Government Federal Administration Government Federal Chancellery 56 the legality of initiatives and referendums. and ofinitiatives legality the verifies votes and and elections federal organises it people’s rights, of custodian manner. the As acoordinated in them communicate and decisions to take sound able is Council Federal the that ensures it Council: the Federal of office staff the is Chancellery Federal The Federal Chancellery

82 million (CHF) 2019 Expenses mation proj­ 1.1.2021. Itcoordinates andsupportsdigitaltransfor The newlycreated DTISectorhasbeen inoperationsince retaries generalcoordinate theworkoftheirdepartments. the Conference ofSecretaries General,atwhichthesec The FederalChancellorchairsthemonthlymeetingsof Administration Coordinating theworkofFederal continuity from onepresidential yeartothenext. The FederalChancelleryprovides supportandensures assume additionaltasksathomeandabroad ( During theiryearasSwisspresident, federalcouncillors Supporting thepresident legislature planning,theannualobjectivesandreporting. al Councilplanningandcontrolling: forthefour-year es theneedforpoliticalaction.Itisresponsible forFeder tional developmentsand,onthebasisofthese,establish The FederalChancellerymonitorsnationalandinterna Planning forthefuture the Official CompilationofFederalLegislation. new oramendedactsandordinances are publishedin and reports are publishedintheFederalGazette,while Federal Council’s decisions.FederalCouncildecisions Spokesperson goesbefore thepress toannouncethe After everyFederalCouncilmeeting,the Communicating FederalCouncildecisions cil coordinates thisjointreporting procedure. their inputontheitemsagenda.TheFederalCoun the meeting,federaldepartmentsandoffices cangive week todealwithnumerous itemsofbusiness.Priorto The FederalCouncilnormallyholdsameetingonce Preparing FederalCouncildecisions Federal Councilmeetings. vice chancellorsalwaysattend The FederalChancellorandboth Photo left

ects throughout theFederalAdministration.

209 2019 (FTEs) Staff www.bk.admin.ch

p.50).

­ - - - - -

Viktor Rossi Vice Chancellor: André Simonazzi Vice ChancellorandFederalCouncilSpokesperson: www.twitter.com/BR_Sprecher www.youtube.com –‘TheSwissFederalCouncil’ www.ch.ch www.admin.ch a BriefGuide’. videos andinthisbrochure ‘TheSwissConfederation– information isprovided ontwowebsites,inexplanatory it sendsoutvotinginstructions.Up-to-dateanddetailed information ontheVoteInfo app.Before federalelections, sends explanatorymaterialtoallvotersandupdatesthe Before afederalvoteisheld,theFederalChancellery channels Publishing informationthrough arangeof responsible forthetranslations. are alsoproduced inEnglish.TheFederalChancelleryis be produced inRomansh.Texts relevance ofinternational able intheselanguages.Incertaincasestheymustalso Italian, andalllegalofficial federaltextsmustbeavail Switzerland’s official languagesare German,French and Promoting multilingualism elections inSwitzerland. establish newtrialsforonlinevotinginpopularvotesand dum ( one interested inlaunchingapopularinitiativeorreferen necessary informationontheproper procedures toany and popularvotesare conductedcorrectly. Itprovides the The FederalChancelleryensures thatallfederalelections Overseeing democraticrights p.22ff.). Itisalsoworkingwiththecantonsto

www.edoeb.admin.ch Adrian Lobsiger Commissioner FDPIC: Protection andInformation Office oftheFederalData organisation Autonomous Federal Chancellorsince2016 Walter Thurnherr

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Government Federal Chancellery Government FDFA 58 tions around the world. the around tions ation and humanitarian aid. There are around 170 Swiss representa The FDFA is for also responsible Switzerland’s development cooper abroad. citizens for Swiss services provides It UN. the and EU the as maintains relations other with states and international bodies such It interests. policy foreign Switzerland’s FDFAThe safeguards FDFAof Foreign Affairs Federal Department

- - 2.98 bn 2.98 (CHF) Expenses 2019 travelling abroad. They alsoprovide servicesforSwisscitizens livingor represent Switzerland atorganisationssuchastheUN. with Switzerland’s partnercountriesandtheEU, head officenetworkmaintaincontacts andtheexternal Geneva andaround 170 representations abroad. Both provides theframeworkforFDFA’s activitiesinBern, priority countriessuchastheUSandChina.Thestrategy Swiss-EU relations andSwitzerland’s exchangeswith aretransformation. Otherkeyconcerns theregulation of peace andsecurity, prosperity, sustainabilityanddigital four years.Theprioritiesforthe2020 The FederalCouncilissuesaforeign policystrategyevery human rightsandtheconservationofnaturalresources. alleviation ofneedandpovertyintheworld,respect for security ofourcountry, thepromotion ofprosperity, the Constitution. Theyincludethefreedom, autonomyand These interests andvaluesare enshrinedintheFederal moting Switzerland’s interests andvalues. ples ofwhattheFDFA doestofulfilitsmainmission:pro respected inthevirtualworld.Theseare justsomeexam sources andworkstoensure thathumanrightsare also abroad. Itpromotes thesustainableuseofnaturalre countries, andsupportsSwisscompaniesoperating ian crises,creates economicopportunitiesindeveloping solutions. Itprovides emergencyassistanceinhumanitar Switzerland supportsconflictingpartiesinfindingpolitical sure good harvests. the Climandesproject to en- in Peru:theSDCsupported A weatherstationforfar­ Photo left

mers

5,489 Staff (FTEs)2019 www.fdfa.admin.ch – 23 periodare

- - - - “Swiss foreign policy policy foreign “Swiss Member oftheFederalCouncilsince2017. Ignazio Cassis,headoftheFDFA. Tania Cavassini Director: Resources DR Directorate for www.fdfa.admin.ch/sdc Director: PatriciaDanzi ment andCooperationSDC Swiss AgencyforDevelop Director: JohannesMatyassy Consular Directorate CD Corinne Cicéron Bühler Director: Law DIL Directorate ofInternational State Secretary: LiviaLeu State Secretariat StS www.fdfa.admin.ch Secretary General:MarkusSeiler General Secretariat GS-FDFA tive strengths of our of our strengths tive reflects the traditions, traditions, the reflects diversity and innovadiversity country.”

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Government FDFA Government FDHA 60 of people with disabilities. with of people integration the and equality gender society, in cohesion and diversity cultural promoting include ofactivity areas Its future. the into pension system the protecting – occupationalpensions and – state to committed also is It to all. accessible is that system health effective and efficient an has country the works FDHA The to ensure FDHA Affairs of Home Federal Department 18.26 bn 18.26 (CHF) Expenses 2019 ways willcontinuetoposechallengesintothefuture. ising, archiving andusingthisdatainawidevarietyof changing worldandmakewell-foundeddecisions.Digit statistics sothatwecanunderstandourconstantly In allthisitisimportanttohaveup-to-dateandreliable tion forthepublicandsupportartsculture. rity andanimalwelfare, providing meteorological informa systems, keepinghealthcostsdown,ensuringfoodsecu daily workare reforming the socialinsuranceandpension The mainchallengesFDHAemployeesdealwithintheir our society. such values;racismanddiscriminationhavenoplacein guage regions. TheFDHAworksconstantlytodefend the sick,betweengenerationsandamonglan virus crisis.Solidarityisshownbetweenthehealthyand is great cohesioninSwisssocietyduringthecorona­ Despite themanyculturaldifferences inthecountry, there ance systemthatcansupportpeopleinallphasesoflife. It alsoshowsthatSwitzerlandhasasoundsocialinsur to haveaneffective healthsystemthatisaccessibletoall. The coronavirus pandemicshowsushowimportantitis itself againstthevirus. public abouthowtoprotect Health informsthegeneral Federal Office ofPublic During thepandemic, Photo left

2,472 Staff (FTEs)2019 www.fdha.admin.ch

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- - - - “The public relies relies public “The General Secretariat GS-FDHA Member oftheFederalCouncilsince2012. Alain Berset,headoftheFDHA. www.bsv.admin.ch Director: StéphaneRossini Office FSIO Federal SocialInsurance www.bfs.admin.ch Georges-Simon Ulrich Director: FSO Federal StatisticalOffice www.blv.admin.ch Director: HansWyss Veterinary Office FSVO Federal FoodSafetyand www.bag.admin.ch Director: AnneLévy Health FOPH Federal Office ofPublic admin.ch www.meteoschweiz. Director: PeterBinder MeteoSwiss ogy andClimatology Federal Office ofMeteorol www.bar.admin.ch Director: PhilippeKünzler SFA Swiss FederalArchives www.bak.admin.ch Director: IsabelleChassot FOC Federal Office ofCulture www.ebg.admin.ch Director: SylvieDurrer Equality FOGE Federal Office forGender www.fdha.admin.ch Secretary General:LukasGresch-Brunner insurance system and on a sound social on sound a social an accessible health health accessible an system.”

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www.prohelvetia.ch Director: PhilippeBischof Pro Helvetia Swiss ArtsCouncil www.nationalmuseum.ch Director: DeniseTonella SNM Swiss NationalMuseum www.swissmedic.ch Director: RaimundT. Bruhin Swissmedic Therapeutic Products Swiss Agencyfor organisations Autonomous

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Government FDHA Government FDJP 62 in or Switzerland, obtain asylum here. enter, may work live and nationals foreign which under conditions the regulates FDJP the addition, In society. modern of needs the reflect law administrative and to in civil,legislation criminal, constitutional develops tion and so in ensures internal It Switzerland. security The FDJP for police is international responsible and coopera national Police FDJPand of Justice Federal Department - 2.84 bn 2.84 (CHF) Expenses 2019 Switzerland. cess ofremoving personswhoare notentitledtostayin centres. Improvements continuetobemadethepro ers are housedindecentconditionsthefederalasylum to becarriedoutquicklyandfairlythatasylumseek The FDJPalsoensures thatasylumprocedures continue cent people–maybecomeclearer more quickly. plify investigations:therangeofsuspects–andinno colour canbeextractedfrom aDNAtrace.Thiscansim characteristics suchashair,about external eyeorskin their investigations.Usingthesemethods,information and thepolicetousenewmethodsofDNAanalysisin amendment tothelawthatwillpermitpublicprosecutors security. Forexample,itiscurrently workingonan land havethenecessarylegalinstrumentstoguarantee The FDJPensures thatthesecurityauthoritiesinSwitzer enterprises (SMEs)andsecure jobs. to provide greater stabilityforsmallandmedium-sized es tobepassedonfamilymembers.Thereform aims to remove obstaclestomakeiteasierforfamilybusiness the revision ofinheritancelaw. The Federal Councilwants Another importantproject beinghandledbytheFDJPis evenmorecan navigatetheinternet easilyandsecurely. cation Services(E-IDAct).Thislawensures thatusers the draftingofnewFederalActonElectronic Identifi tifying apersononline,theFDJPwascloselyinvolvedin electronically. To ensure thatthere are clearrulesforiden More andmore businessprocesses are nowconducted simple yetsecure electronic ID. of Justiceisdevelopinga payments. TheFederalOffice for shoppingandmaking isnowwidelyusedThe internet Photo left

2,602 Staff (FTEs)2019 www.fdjp.admin.ch

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------“Without security, security, “Without Member oftheFederalCouncilsince2019. Karin Keller-Sutter, headoftheFDJP. www.li.admin.ch Director: RenéKoch PTSS tions SurveillanceService Post andTelecommunica www.fedpol.admin.ch Nicoletta dellaValle Director: fedpol Federal Office ofPolice www.bj.admin.ch Director: MartinDumermuth FOJ Federal Office ofJustice www.sem.admin.ch Mario Gattiker State Secretary: Migration SEM State Secretariat for www.fdjp.admin.ch Secretary General:BarbaraHübscherSchmuki General Secretariat GS-FDJP freedom or prosperity prosperity or freedom be no can there at any level.” any at

- www.nkvf.admin.ch President: RegulaMader NCPT the Prevention ofTorture National Commissionfor www.eschk.admin.ch Helen KneubühlerDienst President: and RelatedRights Exploitation ofCopyrights Commission forthe Federal Arbitration www.ekm.admin.ch President: Walter Leimgruber Migration FCM Federal Commissionon www.esbk.admin.ch Director: Jean-MarieJordan Federal GamingBoard FGB www.rab-asr.ch Director: RetoSanwald Authority FAOA Federal AuditOversight www.isdc.ch Director: ChristinaSchmid ative LawSICL Swiss InstituteofCompar www.metas.ch Director: PhilippeRichard Metrology METAS Federal Instituteof www.ige.ch Catherine Chammartin Director: Intellectual Property IIP Federal Instituteof organisations Autonomous

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Government FDJP Government DDPS 64 role in fulfilling the DDPS remit. DDPS the fulfilling in role a play all Protection Civil for Office Federal the in Laboratory Spiez forces, the and Federal civil Intelligence services protection Service, armed The cyberspace. in and ground the on airspace, our in threats with for dealing responsible is It population. its and Switzerland of protection the and matters security with concerned is DDPS The DDPS Sport Civil Protection and of Defence,Federal Department 7.1 bn (CHF) Expenses 2019 also necessaryinorder totackleviolent extremism. whether procurement measures requiring approval are addition toformalcorrections, theDDPSisexamining include therevision oftheIntelligenceService Act.In sports facilitiesofnationalimportance.Otherprojects Parliament, aproposal toprovide federalfundingfornew Federal CouncilwillsubmittheNASAK5dispatchto such asextendingsupportforsportingactivities.The In 2021 there are otherimportantprojects onthehorizon, aircraft willprotect thecountryfrom airattackfrom 2030. tems toprocure onthatbasisandthuswhichtypeof dates. TheFederalCouncilwillthendecidewhichsys demonstrating thecost-benefitratioofbestcandi selected. Selectionwillbebasedonanevaluationreport extended-range ground-based airdefencesystemwillbe gramme, whenthenewfighteraircraft andthenew 2021 pro willseeafurthermilestoneintheAir2030 ing themeansavailabletoprotect Swissairspace.Mid- 27 September2020, voterscameoutinfavourofrenew One importantinstrumentistheSwissAirForce. On instruments. ters andconsequentlyrequire arangeofsecuritypolicy tories. Thisshowsthatthreats cancomefrom manyquar testing andimproving coordination betweentestlabora agement, particularlyinthearea ofdiagnostics,mask Laboratory hasalsobeenactivelyinvolvedincrisisman armed forces andcivilprotection services,theSpiez response tothecoronavirus pandemic.Inadditiontothe The DDPShasbeenheavilyinvolvedinSwitzerland’s cal hazards. nuclear, biologicalandchemi- protect Switzerlandagainst Spiez Laboratoryhelpsto during thepandemic:The Important servicesprovided Photo left

11,909 Staff (FTEs)2019 www.vbs.admin.ch -

------“The DDPS “The works to Member oftheFederalCouncilsince2019. Viola Amherd, headoftheDDPS. www.oa.admin.ch General: StefanFlachsmann Armed Forces Attorney General Attorney Office oftheArmedForces www.ndb.admin.ch Jean-Philippe Gaudin Director: Service FIS Federal Intelligence www.armee.ch Thomas Süssli Lieutenant General Chief oftheArmedForces: Defence sector www.baspo.ch Director: MatthiasRemund FOSPO Federal Office ofSport www.swisstopo.ch Director: FridolinWicki phy swisstopo Federal Office ofTopogra www.armasuisse.ch ment: MartinSonderegger Chief ofDefenceProcure- Procurement armasuisse Federal Office forDefence www.babs.admin.ch Director: MichaelaSchärer Protection FOCP Federal Office forCivil www.gs-vbs.admin.ch Secretary General:Toni Eder General Secretariat GS-DDPS protect Switzerland Switzerland protect and its population.” its and

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Government DDPS Government FDF 66 buildings and logistics. to resources IT to human from Administration, Federal entire the for services provides also It goods. and movement ofpeople border cross- the checks and duties customs and taxes collects ment policy. depart The financial on and budget state the on of emphasis FDF,the at – taxes lot is a there credits, bridging finances, Federal FDF of Finance Federal Department ­

- 15.73 bn. (CHF) Expenses 2019 forwards themtotherelevant bodies. The contactpointreceives reports, analysesthemand authorities andacademiawhenitcomestocyberissues. first pointofcontactforthegeneralpublic,businesses, by theFederalCybersecurityDelegateinFDF, isthe cyber must takepersonalresponsibility inprotecting against Cyberattacks havebecomecommonplace.Everyone economic recovery. savings programmes ifpossible,soasnottojeopardise the challengesforfederalbudgetwithoutrecourse to duce COVID-19 debt.TheFederal Councilaimstomeet federation islikelytofacelowerreceipts andcallstore cushion theimpact.Innearfuture, however, theCon and Parliamentwere abletoapprove highexpenditure to in arelatively goodstartingposition.TheFederalCouncil Switzerland’s debtislow, government sothecountrywas The pandemichasweighedheavilyonfederalfinances. velopments mustbeidentifiedandpricedin. ability andtraintheirstaff. Risksfrom environmental de institutions shouldprovide competentadviceonsustain­ information shouldbeavailabletoeveryone.Financial centre more competitive.Environmental andclimate tions shouldbedesignedtomaketheSwissfinancial location forsustainablefinancialservicesandthecondi responsible growth. Switzerlandshouldbecomealeading sector. Thisrepresents anopportunityforenvironmentally Sustainability isincreasingly importantinthefinancial Confederation. premises onbehalfofthe energy-efficient administrative The FOBLbuildsmodern, Photo left -risks. TheNationalCybersecurityCentre, headed

8,716 Staff (FTEs)2019 www.efd.admin.ch

­ ­ ­ ­ “ A healthy federal federal “A healthy Member oftheFederalCouncilsince2009. Ueli Maurer, headoftheFDF. www.bbl.admin.ch Director: Pierre Broye ings andLogisticsFOBL Federal Office forBuild www.bit.admin.ch Director: DirkLindemann FOITT and Telecommunications tion Technology, Systems Federal Office ofInforma www.ezv.admin.ch Director: ChristianBock Administration FCA Federal Customs www.estv.admin.ch Director: AdrianHug FTA Federal Tax Administration www.epa.admin.ch (from 1March 2021) Director: RahelvonKaenel FOPER Federal Office ofPersonnel www.efv.admin.ch Sabine D’Amelio-Favez Director: Administration FFA Federal Finance www.sif.admin.ch Daniela Stoffel State Secretary: FinanceSIF International State Secretariat for www.efd.admin.ch Secretary General:RolfGötschmann General Secretariat GS-FDF for action for future future for action for budget scope creates generations.”

- -

www.publica.ch Director: DorisBianchi PUBLICA Federal PensionFund www.efk.admin.ch Director: MichelHuissoud SFAO Swiss FederalAuditOffice www.finma.ch Director: MarkBranson FINMA Supervisory Authority Swiss FinancialMarket organisations Autonomous

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Government FDF Government EAER 68 goods. essential with supplied is country the that sure of making task the has also EAER The research. promotes and training and education abroad. It for is responsible vocational organising professional and economy Swiss ofthe interests the represents and agriculture, sector private the in apply that rules the sets It market. labour the and economy the for conditions framework defines EAER The EAER Research and Education Affairs, of EconomicFederal Department and in in and 12.71 bn 12.71 (CHF) Expenses 2019 Federal Office forAgriculture. use oflandandresources in theseactivitiesthrough the home andabroad. TheEAERnaturallyensures thecareful vation, thereby openingupmarketsforourcompaniesat my more competitiveisbypromoting research andinno lation andcutred tape.Thebestwaytomaketheecono today’s digitalageitisparticularlyimportanttolimitregu implementing thegovernment’s economicmeasures. In and encourageinnovation.TheEAERisresponsible for Swiss economythatoffer stableconditionsforbusiness setsframeworkconditionsfortheThe federalgovernment a financialcushionwhileseekingnewjob. work, unemploymentinsuranceensures thattheyhave trial relations. Andifsomeonefindsthemselvesoutof point ofcontactregarding workingconditionsandindus In thecourseofaperson’s career, theEAERisagain consider soonerorlater. and trainingissomethingthatalmostallofushaveto working lifeinthesameposition.Socontinuingeducation adays itisunusualforsomeonetospendtheirentire in Switzerlandcanfindemploymentthatsuitsthem.Now linked. Soundeducationandtrainingensure thatpeople research andeconomicaffairs, allofwhichare closely itselfwitheducation,employment,The EAERconcerns into artificialintelligence. where research isconducted ‘iCub’ robot attheEPFL A PhDstudentworkswiththe Photo left

2,104 Staff (FTEs)2019 www.wbf.admin.ch

- - - - - “COVID-19 forces to us President oftheSwissConfederationin2021. Member oftheFederalCouncilsince2016. Guy Parmelin,headoftheEAER. www.zivi.admin.ch Director: ChristophHartmann Service CIVI Federal Office forCivilian www.bwo.admin.ch Director: MartinTschirren FOH Federal Office forHousing www.fones.admin.ch Delegate: Werner Meier Economic SupplyFONES Federal Office forNational www.foag.admin.ch Director: ChristianHofer Agriculture FOAG Federal Office for www.seri.admin.ch Martina Hirayama State Secretary: Innovation SERI Education, Research and State Secretariat for www.seco.admin.ch Ineichen-Fleisch Marie-Gabrielle State Secretary: Economic Affairs SECO State Secretariat for www.wbf.admin.ch Secretary General:NathalieGoumaz General Secretariat GS-EAER things that previously that things look afresh at take seemed unshakeable.” seemed

www.innosuisse.ch Director: AnnaliseEggimann Innosuisse Swiss InnovationAgency www.sfivet.swiss Director: BarbaraFontanellaz Training SFIVET Vocational Educationand Swiss FederalInstitutefor www.ethrat.ch Michael O.Hengartner President oftheETHBoard: ETH Institutes ofTechnology Board oftheFederal www.weko.admin.ch Director: PatrikDucrey COMCO Competition Commission admin.ch www.preisueberwacher. Stefan Meierhans Price Supervisor: Supervisor Office ofthePrice organisations Autonomous

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Government EAER Government DETEC 70 a climate policy that is also beneficial for the economy. the for beneficial also is that policy a climate woodlands, landscape, water, air, plants and animals. DETEC pursues environment: natural ofour takes care also it But services. public Roads, rail, power and the media: DETEC assures Switzerland’s basic Switzerland’s assures DETEC media: the power and rail, Roads, Communications DETECand Transport,Environment, Energy of the Federal Department

here athome. and gaswecancreate jobswithlong-term prospects incompatible. Onthecontrary, bymovingawayfrom oil climate policyandastrong economyare notmutually are creating orders andjobsforindustry. Aneffective Act givesaboosttorenewable energies. Inaddition,we emissions from transport,industryand buildings.Andthe 12.59 bn bn 12.59 (CHF) Expenses 2019 the CO regard totheenvironment, Parliamenthastightenedup amending theEnergyandElectricitySupplyAct.With the publicwants.We are therefore intheprocess of switch tomore solar, hydro- andwindpower. Thisiswhat expensive andharmfultotheclimate,makearapid ample, wewanttomoveawayfrom oilandgas,whichare terms ofclimateprotection. Inthefieldofenergy, forex infrastructure. DETECistherefore strivingtodomore in ping intovalleys.Allofthisposesathreat topeopleand ing, permafrost isthawing,andmountainsidesare slip ed bytheimpactofclimatechange:glaciersare melt Switzerland isanAlpinecountryandparticularlyaffect nature, peopleandtheclimate. land decidedinaseriesofpopularvotes.Thisprotects by railinsteadofroad –justasthepeopleofSwitzer able totransportevenmore goodsthrough Switzerland are consolidatingourtraffic transferpolicy. We are now has obtainedahigh-qualityregional railservice,andwe to travelmore rapidlybetweennorthandsouth,Ticino ing thecompletionofNRLA.Passengersare nowable tion ofthenewraillinkthrough theAlps–in2020, mark Gotthard followedin2016 andtheCeneri–finalsec The Lötschbergtunnelentered intooperationin2007, the 1 September2020. start oftrialoperationson Ceneri basetunnelbefore the es are madetotracksinthe Finishingtouch- August 2020: Photo left 2 Act.Thiswillenableustoreduce greenhouse gas

2,285 Staff (FTEs)2019 www.uvek.admin.ch

------“The NRLA means means NRLA “The the climate.” the Member oftheFederalCouncilsince2010. Simonetta Sommaruga,headofDETEC. www.are.admin.ch Director: MariaLezzi Development ARE Federal Office forSpatial www.bafu.admin.ch Kathrin Schneeberger Director: Environment FOEN Federal Office forthe www.bakom.admin.ch Director: BernardMaissen Communications OFCOM Federal Office of www.astra.admin.ch Director: Jürg Röthlisberger FEDRO Federal RoadsOffice www.bfe.admin.ch Director: BenoîtRevaz of EnergySFOE Swiss FederalOffice www.bazl.admin.ch Director: ChristianHegner Aviation FOCA Federal Office ofCivil www.bav.admin.ch Director: PeterFüglistaler FOT Federal Office ofTransport www.uvek.admin.ch Secretary General:MatthiasRamsauer General Secretariat GS-DETEC from our roads to rail, our rail, to roads from helping protect to us vehicles goods heavy can be transferred be transferred can

www.railcom.admin.ch Patrizia DaniothHalter President: RailCom Rail Transport Commission www.postcom.admin.ch Anne Seydoux-Christe President: Commission PostCom Federal PostalServices www.ubi.admin.ch Mascha SantschiKallay President: Television ICA Authority forRadioand Independent Complaints www.comcom.admin.ch Adrienne CorboudFumagalli President: Commission ComCom Federal Communications www.elcom.admin.ch President: Werner Luginbühl Commission ElCom Federal Electricity www.sust.admin.ch President: PieterZeilstra STSB Safety InvestigationBoard Swiss Transportation www.esti.admin.ch Director: DanielOtti ESTI Heavy Current Installations Federal Inspectoratefor www.ensi.ch Director: Marc Kenzelmann Safety InspectorateENSI Swiss FederalNuclear organisations Autonomous

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Government DETEC The Judiciary The Courts The federal judges deliberate and decide the ushers are also deployed. They perform publicly on a case if they cannot reach agree- countless other tasks in addition to distributing ment in writing. Before and during the hearings, mail and files in the building. Courts The Judiciary 74 The Courts The Judiciary The www.eidgenoessischegerichte.ch over patents. invention disputes on federal Federal andthe the administrative authorities Patent Court The Federal rules Administrative on Court appeals against rulings of as for appeals concerning judicial in criminal assistance matters. as to Confederation well Swiss the importance of particular matters tasks. Thedifferent Federal is Criminal responsible for Court criminal have instance of first courts federal oflaw. areas three all The almost from cases on instance final the in rules which Court, Supreme Federal the is court highest The courts. federal four are There The FederalSupreme Court Presentation film

teachers, lawyers orasseniorlegalofficials. worked asjudgesofotherinstances, courtclerks,law Usually, judgesatthefederalcourtshavepreviously land. Alawdegree isnotmandatory, butitisthenorm. There is nocompulsorybasictrainingforjudgesinSwitzer Court: 6years).Aone-timere-election ispossible. office is2years(withtheexceptionof FederalPatent and vice-presidents ofthecourts.The presidential termof The UnitedFederalAssemblyalsoelectsthepresidents leave office attheendoftheir68 tion ispossiblewithoutrestriction. Atthe latest,judges Federal Assemblyforatermofoffice of 6years.Re-elec The judgesofthefederalcourtsare electedbytheUnited Election ofjudges th yearofage. - ­ Court (mainseat) Federal Supreme Lausanne: at four sites four at are locatedThe federal courts system legal Swiss the in Procedures Administrative law Criminal law Civil law Obligations, CivilCode) Civil lawdisputes(Codeof Administration Rulings oftheFederal canton Rulings from commune/ (certain offences) Federal criminalcases Criminal cases Patent disputes Lucerne: divisions) Court (sociallaw Federal Supreme

and FederalPatentCourt Federal AdministrativeCourt St. Gallen: commission, Government) tonal appealbody(Appeals administrativecan Internal (Criminal Chamber) First federalinstance (District Court) First cantonalinstance (District Court) First cantonalinstance Federal Criminal Court Bellinzona:

Federal AdministrativeCourt Federal CriminalCourt

Federal PatentCourt

- cases were closed In 2019 approximately 16,000 Federal Supreme Court Cantonal AdministrativeCourt Court) (Court ofappeal,cantonal Second cantonalinstance Court) (Court ofappeal,cantonal Second cantonalinstance Lower AppealsChamber) (Higher AppealsChamber, Second federalinstance Federal CriminalCourt Federal AdministrativeCourt Federal PatentCourt

Federal Supreme Court 75

Courts The Judiciary Courts Federal Supreme Court 76 law. ThiscanleadtoParliamentreformulating alaw. tributes tothedevelopmentoflawthrough itscase tion thatisnotorclearlyregulated bythelaw, itcon If theFederalSupreme Courthastoruleonalegalques law of development the to contributes It sions. administrative authoritiesalignthemselveswithitsdeci constitutional rightsofcitizens.Theothercourtsandthe sures uniformapplicationoffederallaw. Itprotects the Through itsdecisions,theFederalSupreme Courten law the of application uniform ensures It at theEuropean CourtofHumanRights. the caseofhumanrightsissues,anappealcanbelodged examines whethertheyhaveappliedthelawcorrectly. In Administrative CourtandtheFederalPatentCourt.It cantonal courts,theFederalCriminalCourt, Court rulesonappealsagainstdecisionsofthehighest As thehighestjudicialauthority, theFederalSupreme courts lower In general, it definitively examinesdecisions of Functions www.bger.ch www.eidgenoessischegerichte.ch law. social and These disputes may in civil, concern matters criminal, administrative cantons. the and government federal the between well as as cantons between state, the and citizens between citizens, between disputes on legal instance highest the in rules Court Supreme Federal The Federal Court Supreme Outcome andnumberofcasesin2019 Rejected Declared inadmissible - - - - The FederalSupreme Courtisrepresented externally ployees (includingaround 150 courtclerks). Supreme Court.Theyare otherem­ assistedby350 ordinary38 and19 substitutejudgesworkattheFederal • • • • areas. Itconsistsof The FederalSupreme Courtisdividedaccording tolegal Organisation www.bger.ch >Rechtsprechung >Sitzungen(inGerman) Scheduled datesforpublichearings President: MarthaNiquille Lucerne. reasons, thetwosociallawdivisionsare locatedin the FederalSupreme CourtisinLausanne.Forhistorical decides onthemostimportantquestions.Theseatof by itspresident. federaljudges) Thewholecourt(all38 Approved (fully orpartially) insurance). two sociallawdivisions(e.g.accidentanddisability a criminallawdivision two civillawdivisions(e.g.contractlaw, familylaw) two publiclawdivisions(e.g.taxes,politicalrights) Written off

importance orupontherequest ofajudge. five whenthecaseraiseslegalquestionsoffundamental translated. Asarule,three judgesdecide onacaseand written eitherinGerman,French orItalian andare not they speakintheirmothertongues.Thedecisionsare linguistic regions ofSwitzerland.Duringpublichearings, The judgesoftheFederalSupreme Courtcomefrom all judges five or –three Multilingual established bythelowercourts. principle, itbasesitsfindingsonthefactsastheywere The FederalSupreme Courtexamineslegalissues.In case the of No independent examination of the facts interest tothepublic. public hearingsare publishedwhentheyare ofparticular Court are Filmsequencesof publishedontheInternet. show ofhands.AlljudgmentstheFederalSupreme representatives orvisitors.Attheend,judgesvoteby often inthepresence ofthepartiestodispute,media During apublichearing,thejudgesdiscusscase, Transparent hearing isscheduled. decision isrendered. Iftheydonotallagree, apublic judges involvedinthecase.Ifallagree, the case andsubmitsawrittendraftdecisiontotheother generally inwriting.Thecompetentjudgestudiesthe The proceedings before theFederalSupreme Courtare Usually in writing Particularities is possible. regulates theconditions under which anappeal Supreme TheFederal Court. Supreme Court Act decision, they can take theircaseto theFederal If thepartiesconcerned donot agree witha instance ruleinthefirstandsecond instance. Cantonal courts orthefederal courts offirst www.bger.ch decisions Publication of

Film sequences www.bger.ch of publichearings

assigning casesfor thedecisionsto bedrafted. ised knowledge ofacourtmemberinto accountwhen areas oflaw. Iftheseare very diverse, we take thespecial the seven courtdivisions are eachresponsible for specific A rough kindof“specialisation” results from thefact that Supreme Court? Specialisation is a trend –alsoattheFederal publish press releases more frequently. Therefore, to better communicate our decisions,we now difficult for many citizensto understandlegal terminology. Yes We –andthatisimportant. are aware thatitcanbe discussed inthepress… The decisions of the Federal Supreme Court are we are subjectto thesupervision oftheParliament. us. Asfar astheadministration ofthecourt isconcerned, this criticism,which is,soto speak,aninternal control for are discussedandcriticisedinscientificpapers.We address European Court ofHuman Rights. Ourimportant decisions anappealcanbesubmittedour decisions.At to most, the in Switzerland. Inthisrespect, there isnojudicialreview of The Federal Supreme Court isthehighest judicialauthority Is theFederal Supreme Court alsosubjectto review? vis theoutsideworld. Federal Supreme Courtvis-à- years. Sherepresents the Parliament foratermoftwo Supreme Courtiselectedby The President oftheFederal Martha Niquille Federal Supreme Court President ofthe

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Courts Federal Supreme Court Courts Federal Criminal Court 78 President: SylviaFrei and thePlenaryAssembly(consistingofalltenured judges). management bodiesare theAdministrative Commission employeessupportthem.TheFederal CriminalCourt’s60 The Courthas20 tenured and13 part-timejudges.Some Court. Court judgmentscanbereferred totheFederalSupreme 2019. MostoftheLoweraswellHigherAppeals peals Chamber. Thelatterhasonlybeenestablishedin judgments canbesubjecttoappealbefore theHigherAp Appeals andaHigherChamber. CriminalChamber The FederalCriminalCourtconsistsofaCriminal,Lower Organisation ecution authorities. ters. Italsorulesonconflictsofjurisdictionbetweenpros providing mutualassistanceincriminalmat international federal prosecution authoritiesaswell The FederalCriminalCourtreviews rulingsissuedby money launderingaswellaviationoffences. der economiccrime,organisedcorruptionand offences involvingexplosives,counterfeiting,cross-bor nal offences committedbyoragainstfederalemployees, particular interest fortheConfederation,includingcrimi The FederalCriminalCourtrulesoncriminalcasesof Most criminaloffences are judgedbycantonalcourts. Functions www.bstger.ch cantons. the and Confederation the or cantons between of jurisdiction as well authorities, as on legal and prosecution assistance conflicts or other General the Attorney of Office the against appeals on decides also It Confederation. Swiss for the interest of particular The Federal rules Criminal at Court two on instances criminal cases Federal Criminal Court

- - - - - measures havetobeadoptedforthehearings.Thewrit ing translationsnecessary. Attimesspecialsecurity may refer toseveralindividualsandbemultilingual,mak A criminalprocedure before theFederalCriminalCourt Large procedures Particularities offences, aviation offences) Other offences (e.g.counterfeiting ofcurrency, explosives 29 Bribery 2 6 6 12 13 18 another state. evidence (mostlybankrecords) istobehandedout Switzerland mayextraditeapersontoanotherstate,orif The LowerAppealsCourtdecidesamongstotherthingsif especially inthearea ofeconomiccrimeandterrorism. Criminal procedures relation, oftenhaveaninternational International context ties regularly farexceedsahundred pages. ten judgmentinlargeproceedings involvingseveralpar monetary penaltyintoimprisonment) Subsequent decisions(e.g.conversionof Criminal organisation Administrative criminalcases Economic crime Criminal Chamber:casesbysubjectmatterin2019 Money laundering

- - - Federal Administrative Court President: MarianneRyter largest federalcourt. 74With employees,itisSwitzerland’s judgesand355 only bythelaw. They performtheirdutiesindependentlyandare bound Its judgesare electedbytheUnitedFederal Assembly. als andcitizenship. asylum law;andDivisionVIonthelawforeign nation social insuranceandpublichealth;DivisionsIVVon economics, competitionandeducation;DivisionIIIon federal employmentanddataprotection; DivisionIIon Secretariat. DivisionIfocusesoninfrastructure, taxes, St. The FederalAdministrativeCourt,whichisbasedin Organisation e.g. incasesinvolvingpubliclawcontracts. legal actioninthree specificareas inthefirstinstance, hospitallists.Finally,concerning itdeliversjudgmentson suchasthosesions madebycantonalgovernments The courtalsoexaminescomplaintsagainstcertaindeci spectrum of legalissues ranging from asylum to fiscal law. administrative authorities.Ittherefore dealswithabroad thelegalityofrulingsmadebyfederalconcerning The FederalAdministrativeCourtdecidesonappeals Functions www.bvger.ch @BVGer_Schweiz administration. forresponsible court is which Secretariat, General the and divisions ofsix composed is court The authorities. by cantonal made reviews decisions also it areas, made by certain federal In administrative authorities. The Federal handles appeals Administrative against Court rulings Gallen, iscomposedofsixdivisionsandtheGeneral

- - Most ofitsjudgmentsare final. sions –mostlyinwritingGerman, French andItalian. Each year, thecourtrenders anaverage of7,500 deci final Partly hearings orinspectionsundertakenincertaincases. Expert opinionsmaybecommissionedandpreparatory ties, butestablishestherelevant facts of thecaseitself. lower-court proceedings andtheargumentsofpar Court doesnotrely solelyonthefactsestablished inthe In theeventofalegaldispute,FederalAdministrative investigations Own Particularities Supreme Court to theFederal Not appealable 7157 caseswere closedin2019

Court Federal Supreme Appealable tothe Supreme Court to theFederal Thereof appealed - - 79

Courts Federal Administrative Court Courts Federal Patent Court 80 President: MarkSchweizer come from French-speaking Switzerland. hear casesinthecantons,e.g.Neuchâtel,ifparties Administrative Court.TheFederalPatentCourtcanalso place, theyare heldinthebuildingof nearbyFederal does nothaveitsowncourtroom. Ifcourt hearingstake The seatoftheFederalPatentCourtisinSt. basis. bers workfortheFederalPatentCourtonapermanent another judge,twocourtclerksandoffice staff mem in thecourt.Thepresident oftheFederal PatentCourt, work forthecourtbuttheydonothavetheirownoffices not splitintodifferent divisions.41 non-permanentjudges The FederalPatentCourtisthesmallestfederalcourt.It Organisation appealed totheFederalSupreme Court. matter fortheFederalPatentCourt.Itsjudgmentsmaybe relating topatentdisputes.Sincethen,theyhavebeena Until 2012, thecantonalcourtshadjurisdictioninmatters licensing. patent orhowamaybeusedinthecontextof fringed. Itmustalsodecidewhoisthelegalholderofa assesses whetherexistingpatentrightsare beingin ment meetstherequirements forpatentprotection; italso Patent Courtdecideswhetheranewtechnicaldevelop legally protected. Intheeventofadispute,Federal apatent,the‘intellectualproperty’ of an inventionisWith Developing atechnicalideausuallycostslotofmoney. Functions www.bundespatentgericht.ch/en English. in be can briefs and pleadings parties, ofthe agreement the With actors. itsmallest deals regularly of international with federal the courts, The to patents. relating disputes decides Court Patent Federal The Federal Patent Court Gallen. It - - - cases bytechnicalfieldreceived in2019 avoided. and costlyopinionsfrom expertscan usuallybe external fast andcost-effective proceedings, astime-consuming ate technicalexpertiseare therefore involved,enabling technical issuesinitsproceedings. Judgeswithappropri The FederalPatentCourtregularly dealswithcomplex Judges with technical expertise conduct proceedings inEnglishifeveryone agrees. technology. Thepartiestothedisputemaytherefore also Patent Court;Englishisalsooftenusedinthefieldof actorsfrequentlyInternational appearbefore theFederal alanguage as permitted also is English Particularities Textiles, paper (incl. pharmaceuticals) Human necessities Mechanical engineering, lighting, heating

Physics Construction, earth Performing operations; Chemistry, metallurgy drilling, mining transporting Electronics

- federal courts delivered byJudgments the Judgment A-2138/2020 sanction bythree percent. founded andreduced the some accusationsasun- respects. However, itrejected duty ofloyaltyinseveral breached hisofficial dutyand General hadseriously upheld thattheAttorney Federal AdministrativeCourt one year. Initsjudgment,the percent salaryreduction for imposinganeight 2020, GeneralinMarchthe Attorney GeneralsanctionedAttorney Authority fortheOffice of the official duty, theSupervisory Due tovariousbreaches of General Attorney Judgment 5A_789/2019 welfare. case, withthechildren’s incompatible, inaparticular if themeaslesvaccinationis should onlybediffered from, into consideration.This Health mustalsobetaken Federal Office ofPublic recommendations ofthe the children’s welfare. The principle forthisdecisionis them. Thehighestguiding tent authoritymustdecidefor against measles,thecompe- to vaccinatetheirchildren custody cannotagree whether ifparents withjoint2020, Federal Supreme Courtof According toarulingbythe Measles vaccination BGE 145 I207 subsequently identified. irregularities, whichwere different withouttheserious of thevotecouldhavebeen narrowly rejected, theresult cause theinitiativewasonly theproposal.cerning Be- about importantfactscon- ency informedthevoters and withinsufficient transpar al Councilhadincompletely the conclusionthatFeder Couples”. TheCourtcameto Discrimination ofMarried riage andFamily–Againstthe initiative “InFavourofMar federal voteonthepopular the2016Court overturned In 2019, theFederalSupreme Referendum - - - Judgment O2017_007 on penaltyofafine. stein, amongotheractivities, Switzerland andLiechten- protected bythepatentin devices, whichhavefeatures prohibited from distributing purposes. Thedefendantis animated lungfordiagnostic on ascreen intheformof an from thepatientare displayed certain respiratory values a patentforventilatorswhere complaint ofacompanywith Court partiallyupheldthe In 2019, theFederalPatent Ventilator Court) by theFederalSupreme (confirmedDecree BH.2020.7 is reasonable. half yearssofar detention lastingthree and a offences andthatpre-trial guilty oftheinvestigated strong suspicionthatheis concluded thatthere isa Lower AppealsChamber crimes againsthumanity. The ings againsthiminvestigating conducting criminalproceed- General ofSwitzerlandis The Office oftheAttorney lease from pre-trial detention. Minister requesting hisre - Gambia’s formerInterior Court rejected theappealof theFederalCriminal In 2020, Pre-trial detention Judgment E-6713/2019 procedure. asylum usingtheextended re-evaluate theapplicationfor The SEMwasinstructedto calendardays.standard 30 file anappealinsteadofthe time limitof7workingdaysto dure, resulting inonlyashort not optedforextendedproce- tariat forMigration(SEM)had of thecase,StateSecre- basis. Despitethecomplexity decided onanaccelerated dure were dealtwithand asylum seekerwhoseproce- approved theappealofan Federal AdministrativeCourt In alandmarkjudgment,the Asylum procedure

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Historic photos on pages 10/11 (chronological) Old Confederation: State Archive Schwyz Helvetic Republic: Swiss National Museum (SNM) Mediation: SNM Federal Treaty: Wikimedia Commons Sonderbund War: SNM Federal Constitution: SNM Expanded democracy: Wikimedia Commons First World War, General Strike: SNM Proportional representation: Wikimedia Commons Second World War: Hans Tomamichel/SNM Equal opportunities: SNM Third Federal Constitution: Wikimedia Commons

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43rd edition, February 2021

82 www.admin.ch www.ch.ch www.parliament.ch

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