IPU PARLINE database: SWITZERLAND (Nationalrat - Conseil national

Parliament name (generic / translated)

Bundesversammlung - Assemblée fédérale - Assemblea federale / Federal Assembly

Structure of parliament

Bicameral

Chamber name

Nationalrat - Conseil national - Consiglio nazionale

Related chamber (for bicameral parliaments)

Ständerat - Conseil des Etats - Consiglio degli Stati / Council of States

Type of political regime

semi-direct democracy

Notes

Subject to the rights of the people and the cantons the Federal Assembly is the highest authority of the Confederation (Article 148 of the Constitution). It has two chambers, the National Council and the Council of States, which enjoy equal rights. Unless otherwise provided for, the proceedings of the Federal Assembly (united chambers) are governed by the rules and regulations of the National Council, which apply by analogy.

Head of the executive

Federal Council

Notes

The Federal Council, composed of seven members, is the highest governing and executive authority of the Confederation (Article 174 of the Constitution). It determines the means and objectives of government policy and plans and coordinates the activities of the State. The presidency of the Federal Council is secured by the President of the Confederation. The Federal Council takes its decisions as a collegial authority. For planning and enforcing decisions, the affairs of the Federal Council are distributed among its members by department.

Method for appointing the executive

The National Council and the Council of States deliberate in common under the chairmanship of the President or the President of the National Council to hold government elections (Article 157 of the Constitution). The members of the Federal Council are elected by the Federal Assembly each time the National Council is renewed. The President of the Confederation, a member of the Federal Council, is elected by the Federal Assembly during the winter session. The various regions and linguistic communities must be equally represented in the Federal Council. Note that since 1959, the Government has included representatives from the four main national parties.

Term of office of the executive and coincidence with the term of the legislature

The members of the National Council and the Federal Council as well as the Chancellor of the Confederation are elected for four years (Article 145 of the Constitution). The term of office of the President of the Confederation is one year.

Incompatibility of the functions of member of the executive and member of Parliament

Yes

Members of the National Council, of the Council of States, of the Federal Council, and Judges of the Federal Supreme Court may not concurrently be members of another of these bodies (Article 144 of the Constitution). The members of the Federal Council may not carry out another function of the Confederation or a canton, not may they exercise another gainful activity.

Dissolution of Parliament

No

Circumstances

Not applicable

Modalities

Not applicable

Accountability of Government to Parliament

No

The Federal Assembly exercises high supervision over the Federal Council and the Federal Administration, the Federal Courts and the other organs or persons entrusted with tasks of the Confederation (Article 169 of the Constitution). But the Government is not responsible for its actions before the parliament.

Modalities of oversight

Oral and written questions of parliamentarians

Insofar as the exercise of his/her parliamentary mandate so requires, all deputies may ask the Federal Council and the Federal Administration to grant them information and access to papers on all matters of interest to the Confederation. Nevertheless, a deputy may refuse information (i) which the Federal Council is using to take a decision, (ii) which comes under the competence of state security or intelligence, and (iii) which must remain confidential in the interests of protecting an individual. If there is a disagreement between a deputy and the Federal Council over the right to information, the deputy may bring the matter before the presidential college of the council to which he/she belongs. The college makes the final decision about the requirement to submit information.

Government reports to Parliament

Once a year, the Federal Council is required to submit a report to the parliament outlining the main activities of the administration and the Government for the year under review. It also outlines the principle objectives and measures predicted for that year. It justifies gaps occurring in the interim, as well as unforeseen objectives. The report is examined by the Control Committee of each council. It is then debated with the President of the Confederation within each council. The parliament approves all or part of the report by means of a decree. Also, during the first session of each legislature, a special committee is instituted, responsible for carrying out a preliminary examination of the report of the Federal Council on the programme of legislature. Note that if the Federal Assembly rejects these Federal Council reports the fall of the Government does not ensue.

Measures

Vote of confidence on Government programs and/or legislative proposals

Not applicable

Motions of censure and votes of no confidence (sub-report)

Circumstances

Not applicable

Modalites

Not applicable

Consequences

Not applicable

Dismissal and/or impeachment of Government and other public officials (sub-report)

Circumstances and persons concerned

Not applicable

Modalites and procedure

Not applicable

Consequences

Not applicable

Have these procedures been applied?

Not applicable

Oversight over the actions of the Government administration

Yes

The Federal Assembly exercises high supervision over the Federal Assembly, the federal tribunals and other bodies or persons entrusted with the tasks of the Confederation (Article 169 of the Constitution). The Federal Council directs the Federal Administration. It ensures its efficient organization and the effective fulfilment of tasks consigned to it (Article 178 of the Constitution).

Means and modalities of oversight

Hearings in Committees

Insofar as the exercise of their attributions requires, the committees and their sub-committees may invite the Federal Council to participate in a meeting in order that it may supply information or to ask it for a report, or again to examine a person working for the Confederation, subject to the approval of the Federal Council. Before all hearings, the monitoring committee delegations decide if the person concerned is heard as a witness or as a person called to provide information. The hearing of a witness is not formally arranged unless if it has been established that there is no other means of shedding light on the matter for clarification. The obligation to testify applies to all persons concerned. When an inquiry is conducted solely or principally against one person in particular, they may only be heard as a person called to provide information. Witnesses are informed of their obligation to give and tell the truth, and persons called to give evidence of their right to refuse to give evidence.

Committees of inquiry and missions to Government departments

In the exercise of the attributions conferred to it in matters of high supervision, in the case of important events that must be clafiried the Federal Assembly may institute a joint parliamentary committee of inquiry in the two councils charged with establishing facts and amassing other assessment criteria. The Committee of Inquiry is instituted after the Federal Council hearing by a simple federal decree. This decree defines the mandate entrusted to the Committee of Inquiry and the financial means allocated to it. Besides the inspections, the chambers' monitoring committees also carry out visits, announced or unannounced, to administration services. They handle complaints addressed to them by third parties.

Oral and written questions of parliamentarians

When an orator has finished speaking in a joint meeting, deputies and representatives of the Federal Council may each ask a short and concise question about specific points made in his/her statement, but they may not express their point of view. The question may not be asked until the orator, debriefed by the President, gives their consent. The orator responds immediately and succinctly to the question asked. Furthermore, the authors of a parliamentary initiative, motion or postulate may develop their intervention orally. The author of an interpellation may speak if this becomes a subject of debate. There is no provision for speaking within the written procedure.

The National Council has a questions hour taking place twice during an ordinary parliamentary session and lasting no more than 90 minutes. Questions are generally addressed to the Federal Council for it to adopt a measure or supply information. However, interpellations and questions may be declared urgent, in which case the Federal Council must respond immediately. Oral questions are submitted to the Federal Council in writing before the sitting begins. Its representative responds briefly, and then the author of the question may ask an additional question on a similar topic. The Federal Council responds jointly to questions of the same tenure or touching on the same subject. It replies in writing when a response is not possible within the time limit or when in-depth examination is required.

Council members may request information on events or major problems connected to either foreign or national policy, or government administration by means of interpellation or written question. The Federal Council may also be invited to give information on affairs that concern the Confederation. It replies in writing and, as a general rule, must reply to interventions at the following session, after about three months. Interpellations are only subject to debate if a debate is requested by the interpellator and if the Council so decides. The interpellator may say whether or not he/she is satisfied with the Federal Council's response.

Role of Parliament in the appointment of senior Government officials

The parliament decides on the appointment of high-ranking government officials, to wit the Director of the Federal Audit Office and the Secretary General of the parliament. This involves a procedure of confirmation. Other persons are elected by the parliament, notably magistrates. In the event of war, the parliament also elects the commander in chief of the army.

Activity reports of the Government administration and of public services or establishments

In addition to the Federal Council's annual report, various public bodies, services or enterprises are required to submit similar reports to the parliament. These include the Federal Supreme Court and the Swiss Alcohol Board, whose management is approved by the parliament. Other services are required to submit annual reports but the latter are not voted in the parliament.

Representation of Parliament in governing bodies of the Government administration

Parliamentarians may be members of the governing bodies of administration services, public institutions, national firms or others. Such persons directly appointed by the Federal Council may not always be members of the parliamentary committees exercising control over the activity of these bodies.

Existence of an ombudsman

No

Method for appointing the executive

Not applicable

Relationship to Parliament

Not applicable

Consultation of Parliament in the preparation of the national budget

Yes

The Federal Council prepares the financial plan as well as the budget proposal (Article 183 of the Constitution). As part of the examination of the financial plan of three years, after the budget has been examinaed, upon the proposal of the finance committees the parliament may make comments or suggestions to the Government.

Modalities of oversight

Examination of the budget / finance act by Parliament

The Federal Assembly approves the accounts of the Confederation and adopts the budget (Article 167 of the Constitution). In this capacity, it has a "formative" supervisory function, as it may directly or on the proposal of the finance committees amend income and expenditures, within the limits of legal requirements. More specifically, the Government firstly gives a message on the budget to the finance committees, together with complementary information and documents. During the winter session of the chambers, the two councils handle the budget in turn then adopt it on the basis of a shuttle procedure between themselves, to eliminate divergences and adopt the final budget.

Reports on the budget / finance act by Committees

The finance committees and their specialized sub-committees take the budget to the floor for two months and prepare their presentation for the two councils. They deal more generally with the financial management of the Confederation and implement the preliminary examination of financial planning, the budget and its supplements. When a case is brought before the Committee it gives one of its members the responsibility of reporting to the Council where they defend the committee's proposals.

Fields overseen

Defence budget

The parliament acquaints itself with global budgets with regard to defence policy but only the finance committees have jurisdiction over its positions. Each year, the Government presents a detailed arms programme to the parliament, which is separate from the budget.

Budget of special departments

This task is executed by Swiss Federal Audit Office, and verified by a special control delegation.

Role of Parliament in national development plans

The parliament discusses the plans presented by the Government and may similarly draw up such plans by means of parliamentary initiatives.

Parliament's deadline for the examination and adoption of the budget / finance act

The prescribed time limit for the examination of the budget in the parliament is two months, but in practice, this examination begins in the finance committees beforehand. The budget must be adopted in December.

Consequences of failure by Parliament to adopt the budget / finance act

The budget may not be refused, but resubmitted to the Government for correction, which is rare. The Government must thereby submit a new version in January of the following year that the parliament must pass in special session. In the interval, the Government is may pay out basic ongoing expenses, for managing administration only, and with that up to a limit of a twelfth of the previous year's budget.

Budgetary autonomy of Parliament

Yes

Judicially, the Government submits the budget proposal to the parliament, but the latter approves it and may modify it at its own convenience, within the limits of the law.

Evaluation of Government spending

Parliament approves Government expenditures annually

Yes

The Federal Council draws up the annual state account (Article 183 of the Constitution). It presents it to the parliament in May of the following year to be relieved of its financial duties. The Federal Assembly decides on federal spending and approves state accounts (Article 167 of the Constitution), as such carrying out retrospective surveillance.

Parliamentary oversight of public companies

No

The control of public enterprises depends on the degree of autonomy of each enterprise. In the case of a company governed by private law principally or completely in state hands, or again a company governed by public law, the Government appoints members of the Administration Council and implements ownership strategy by giving directives to its members. In these three cases, the power of controlling the parliament is limited to checking whether the Government has correctly implemented ownership strategy. However, the parliament extensively controls funds allocated to these enterprises.

Modalities of oversight

Body for auditing the Government's books and method for appointing

The Federal Audit Office is the superior independent body of the Confederation for financial surveillance matters. Audits carried out on the administration, on other organizations carrying out public duties and on beneficiaries of subsidies, make it possible to verify whether the tenure of compatibility is correct and whether resources are being used to meet legality and profitability criteria. The director of this body is appointed by the Federal Council for six months. The appointment must be approved by the Federal Assembly. The Federal Council may recall the director before his/her mandate expires or in the event of serious professional misconduct.

Reports of the public auditor's office

The Federal Audit Office assists the parliament in carrying out high supervision and the Federal Council in supervising the administration. It exercises autonomy and independence and each year fixes its audit programme, which it communicates to the finance delegation and to the Federal Council. The Federal Audit Office draws up a report for each audit carried out. It submits this report to the finance delegation along with all documents relating to the audit, including the recommendation of the audit service and a file resume. It also submits this resume to the head of the department dealing with the audit results. When the audit is extended it puts together an intermediary report. When the finance delegation has processed an auditors' report of the Federal Audit Office, it may publish this report as well as the recommendation of the control service and a conditional appraisal of the delegation. Each year, the Federal Audit Office submits a report to the finance delegation and to the Federal Council informing them of the scope and the priorities of its auditing activity, communicating its findings and most significant recommendations and indicating pending revisions and reasons for potential delays. This report is published.

Specialised committee

The finance delegation of the Federal Chambers is composed of three members of each of the finance committees and carries out permanent - or concurrent - and detailed surveillance of public finances. For that purpose it has powers that are more extensive than the finance committees or the parliament, and may even intervene in the Government's decision-making process. The finance delegation functions as a court of audit but without constituting a judicial body. It is required to submit its annual report to the Finance Committee only. However, this report is also submitted to all parliamentarians, who may thereby ask questions and demand clarifications. Likewise, the delegation either draws up an intermediary report after six months of activity or immediately communicates its findings to the finance committees.

Foreign Relations Committee (sub-report)

Functions of the Committee

The parliament exercises oversight over foreign policy via the foreign policy committees.

Powers of the Committee

The committees are concerned with programmes related to neutrality, diplomacy, international relations and organization, development aid, humanitarian aid, human rights, foreign economic policy, European integration, the World Bank, the International Monetary Fund, and the World Trade Organization. They are concerned with the preliminary examination of objectives for the councils, with the regular follow up of social and political development in their domains, and the implementation of suggestions and proposals aimed at regulating foreign policy issues.

Composition of the Committee

The composition of the committees reflects the numerical strength of each party in the parliament.

Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad

The parliament exercises oversight over foreign policy via bilateral visits, inter-parliamentary conferences and information missions abroad.

Plenary debates on foreign policy issues

The parliament exercises oversight over foreign policy by organizing plenary debates when important projects are underway, a report on the activity at the Council of Europe, and during interpellations on a current foreign policy issue.

Involvement of Parliament

Participation of Parliament in inter-governmental meetings

Parliamentarians only rarely participate in inter-governmental meetings.

Modalities and procedures for ratifying international treaties and agreements (sub-report)

The Federal Council is responsible for foreign affairs subject to rights of participation of the Federal Assembly (Article 184 of the Constitution). It signs treaties and ratifies them, and submits them to the Federal Assembly for approval. When required for protecting the interests of the country, the Federal Council may adopt enactments and take the necessary decisions. The enactments must be limited in time. The Federal Assembly participates in shaping foreign policy and supervises foreign relations (Article 166 of the Constitution). It approves international treaties, except those whose conclusion is the soul competence of the Federal Council by virtue of a law or an international treaty.

Membership of organizations of collective security or of supranational communities is subject to popular vote and voting in cantons. In addition, upon the request of 50 000 citizens, treaties are subject to popular voting which (i) are of an intermediary duration and which may not be terminated, (ii) anticipate membership of an international organization, and (iii) bring about a multilateral unification of law. The Federal Assembly may submit other international treaties at the optional referendum.

Other mechanisms for participation in foreign policy by Parliament

In addition to the aforementioned procedures, the Federal Assembly follows developments on the international scene and participates in the decision-making process in relation to important issues on the subject of foreign policy aided by a dialogue procedure between the Federal Council and the foreign policy committees. The Government is also required to regularly inform the presidents and the committees of the two chambers about developments on the international scene, about its intentions within the framework of international organizations, and about negotiations carried out within these organizations leading to decisions that are directly applicable to Swiss law, or which lead to Swiss legislation modification. The Federal Council likewise consults the committees before fixing or modifying their directives and operational guidelines for the negotiating directive.

National Defence Committee (sub-report)

Functions of the Committee

The parliament exercises oversight over national defence policy via the committees on security policy.

Powers of the Committee

The committee is summoned to approve not only each legislative modification on the subject but also the type of arms and equipment that it agrees to acquire. Generally speaking, they have a right to comprehensive participation in all military issues. The committees prepare legislation in the domain of armed defence, civil protection, economic defence, arms enterprises, peace and security policy, civil service, and the disarmourment and exportation of war materials.

Composition of the Committee

The composition of the committees reflects the numerical strength of each party in the parliament.

Parliamentary oversight of public arms manufacturing companies

The arms enterprises were privatised in 1999, with the Confederation remaining as the majority shareholder. The abandon of this majority requires the approval of the federal chambers.

Circumstances and involvement

Modalities and procedures in case of war, an armed attack or a state of emergency

The Federal Council adopts measures by ordinance to secure the external security, the independence, and the neutrality of Switzerland (Article 185 of the Constitution). Such rulings must be limited in time. The Federal Assembly orders the active duty and the mobilization of troupes. If the Assembly is not sitting, in the case of an emergency the Government may order the active service and the mobilization of the army. If it deploys in excess of 4000 military for active service or if the engagement is required to last more than three weeks, the Federal Assembly must be convened without delay and decide on the enforcement of the measure.

Role of Parliament in sending troops abroad

The parliament exercises oversight over national defence policy when troops are dispatched abroad.

Other mechanisms for participation in national defence policy by Parliament

In addition to the aforementioned procedures, the Federal Assembly elects a General when a major levying of troops is expected. It must also approve the engagements of the army within the framework of the support service.

Circumstances

Strictly speaking a state of emergency does not exist in Switzerland. Active service is carried out to defend the country and its population or to support the civil authorities in the event of serious threats to national security. In these two cases, the Federal Assembly is responsible for ordering the active service and the mobilization of troops. If the Assembly is not sitting, in the case of an emergency the Government may order the active service and the mobilization of the army. If it deploys more than 4000 military for active service or if the engagement is required to last more than three weeks, the Federal Assembly must be convened without delay to decide on the enforcement of the measure.

The Federal Government takes measures to secure the external security, the independence and the neutrality of Switzerland (Article 185 of the Constitution). It takes measures to secure national security and may refer directly to the this Article to issue orders and take decisions aimed at dispelling existing or immediate threats to public order, external security or national security. Such ordinances must be limited in time.

Can parliament take the initiative to declare a state of emergency

Yes

Consequences of a state of emergency for Parliament

Following such a state, the Government administers the active service and the service of order, and it is it in particular that orders the withdrawal of troops.

Modalities of oversight

Body ruling on the constitutionality of laws

Parliament or one of the Chambers

The parliament decides on the constitutionality of laws in Switzerland.

Means and procedures

The National Council and the Council of States deliberate in common, under the direction of the President or the President of the National Council, to rule on conflicts of jurisdiction between the highest federal authorities (Article 157 of the Constitution). The Federal Court has jurisdiction over (i) appeals regarding the violation of constitutional rights, (ii) appeals regarding the violation of local autonomy and other guarantees by the cantons on behalf of public law entities, (iii) appeals regarding the violation of international treaties or inter-cantonal conventions, and (iv) public law disputes between the Confederation and the cantons or between cantons (Article 189 of the Constitution).

Evaluation of laws

Yes

The Federal Assembly ensures that the efficacy of measures taken by the Confederation is evaluated (Article 170 of the Constitution). The control committees have an executive parliamentary supervision board, which examines under a special committees mandate the duties of the administration, their attainment and the outcome of the activity of the authorities and the administration. This supervision is carried out a posteriori in keeping with criteria for legality, timeliness, efficiency and effectiveness. The Federal Assembly also ensures that the effectiveness of the measures taken by the Confederation is evaluated. For that purpose, it may more specifically (i) demand that the Federal Council carries out evaluations on the Federal Council mandate, (ii) attribute to them performance management mandates.

Measures

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