The Swiss

Confederation
a brief guide

2022
Preface

“The situation Dear Reader

becomes dangerous We live in uncertain times. The last few years have shown
that even democracy cannot be taken for granted, even in
when the only truth places where it is considered to be well established. It is
dependent on citizens respecting and protecting free
we accept is what we speech, questioning simple rhetoric and taking verifiable
facts seriously. It requires an independent and circumspect
want to hear.” judicial system and an efficient and accessible public admin-
istration. And it needs politicians who place longer-term
Federal Chancellor Walter Thurnherr
interests above their own and who are capable of winning
over a majority.

The situation becomes dangerous when the only truth we

accept is what we want to hear. Democracy rests on a series
of fundamental pillars. If just one of these key elements be-
gins to crumble, the entire edifice is weakened.

Carl Spitteler once remarked that democracy was but

“a periodic fuss about whether Franz or Fritz is elected”.
Apart from the fact that it could also be Franziska who is
elected, democracy is so much more than that. And it is
something that we must continually reinvent, instil and
champion. ‘The Swiss Confederation – a brief guide’ plays
a part in achieving this.

Federal Chancellor Walter Thurnherr

3
 Table of Contents

Facts Foundation
Switzerland Direct democracy
6 16

The history of Switzerland

• 10 S eparation of powers
• 20

Federalism
• 12 Votes
• 22

I•nternational agreements E lections

• 24
and memberships 14
• olitical parties in the Federal
P
Council and in Parliament 26

Complementary resources to accompany the brochure:

• CH info app for smartphones and tablets
• Website www.ch-info.swiss
• Teaching material
• Barrier-free PDF for the visually impaired

4
The Legislature The Executive The Judiciary

Switzerland
Parliament The Government The Courts
28 46 72

•The roles of Parliament 32 The Federal Council

• 50 Federal Supreme Court
• 76

Democracy
•Organisation of Parliament 34 The Federal Council’s tasks
• 52 Federal Criminal Court
• 78

•Particularities of Parliament 40 Federal Administration

• 54 Federal Administrative Court
• 79

•How new laws come about 42 Federal Chancellery FCh

• 56 Federal Patent Court
• 80

Parliament
•The Parliamentary Services 45 • ederal Department
F •udgments delivered
J
of Foreign Affairs FDFA 58 by the federal courts 81

• ederal Department
F
of Home Affairs FDHA 60

• ederal Department
F

Government
of Justice and Police FDJP 62

• ederal Department
F
of Defence, Civil Protection
and Sport DDPS 64

• ederal Department
F
of Finance FDF 66
Courts

• ederal Department of
F
Economic Affairs, Education
and Research EAER 68

• ederal Department of the

F
Environment, Transport,
Energy and Communications
DETEC 70

5
Switzerland 85 % of the population lives in a town or conurba-
Switzerland may not have any cities with a popu- tion. And half of those live in one of Switzerland’s
lation of over a million, but the Swiss population five largest urban centres: Zurich, Geneva, Basel,
is nevertheless predominantly urban. Bern or Lausanne (Photo: Zug).
 Switzerland
Switzerland is a small country with a population of 8.7 million people.
It has 4 language regions and 26 cantons, which are largely inde-
pendent and consist of numerous local authorities or communes.
Multilingualism and federalism have their roots in the past, yet still
shape Switzerland today. Its neutrality is recognised by all states of
the world.
Switzerland

26 cantons
SH

BS Thurgau

BL Aargau Zurich
Jura AR
SO AI

St Gallen
Zug
Lucerne
Schwyz
Neuchâtel Glarus
NW
Bern
OW
Uri
Graubünden
Fribourg
Vaud

Ticino

Geneva Valais

AI Appenzell Innerrhoden NW Nidwalden

AR Appenzell Ausserrhoden OW Obwalden
BL Basel-Landschaft SH Schaffhausen
www.statistik.ch BS Basel-Stadt SO Solothurn

8
8.7 million people 4 national languages
There are 8.7 million people living in Switzerland, a quar- Switzerland is a multilingual country. The four national
ter of them without a Swiss passport. More than half of languages are German, French, Italian and Romansh.
these foreign nationals were either born in Switzerland or 62 per cent of the population primarily speak (Swiss-)
have been living here for at least ten years. The majority German, 23 per cent French, 8 per cent Italian and
of the foreign population comes from an EU country. 0.5 per cent Romansh. For 25 per cent of the population,
The largest foreign national groups are from Italy (15 %), their mother tongue is not one of Switzerland’s national
Germany (14 %) and Portugal (12 %). languages. Many people state that they have two main
languages, i.e. they are bilingual.

62% German

23% French

Switzerland
0.5% Romansh

8% Italian
Swiss citizens 6 459 500
Non-Swiss citizens 2 210 800

Christian majority High life expectancy

Switzerland is a Christian country. Two-thirds of its People in Switzerland are getting older and older and
population are either Catholic or Protestant (Reformed have fewer children than before. Average life expectancy
Evangelical). Freedom of religion in Switzerland also is one of the highest in the world: it is 81 years for men
allows other religious communities to practise such faiths and 85 years for women. Women have 1.5 children on
as Judaism, Islam and Buddhism. The number of people average. The proportion of people over 64 years of age in
– particularly city dwellers – with no religious affiliation is the population has increased, while that of people under
growing. 20 years of age and 20 to 64 years of age has declined.

Roman Catholic

No religious affiliation

Protestant Reformed Other Christian

denominations 1950 1960 1970 1980 1990 2000 2010 2020

Islamic Under 20 years

denominations Other / Not 20 to 64 years
specified 65 years and older

9
 The History of Switzerland
Switzerland developed over the centuries from a collection of
The History of Switzerland

different alliances to a confederation of states and finally to the

federal state we know today. Its national borders and neutrality were
established and recognised internationally in 1815. Its political
system dates back to the Federal Constitution of 1848. Since then
the powers of the federal government, political rights and political
diversity have increased significantly.
Switzerland

1847 – 1848 1848 1874, 1891 1914 – 1918

Sonderbund War Federal Constitution Expanded democracy First World War,
Liberals against Democratic federal Initiative, referendum General strike
conservatives state Socialist ideas
The revised Federal Constitu-
Diverging views on how the The Federal Constitution tion transferred more tasks to Poverty and unemployment
Confederation would be provided most citizens (men) the federal government and during the First World War
organised led to a civil war with various rights and free- broadened democratic rights and socialist ideas from the
between liberal and Catholic doms, including the right to at federal level. The referen- Russian Revolution culminat-
conservative cantons. It was a vote and be elected. The dum was introduced in 1874 ed in a general strike in 1918.
war from which liberal forces bicameral system was intro- and the popular initiative in
emerged victorious. duced at federal level with the 1891. (➝ p. 22)
National Council and Council
of States electing the Federal
Council. Some powers were
centralised. Switzerland
developed into a unitary
judicial and economic area.

10
 The History of Switzerland
Switzerland
1291 1798 – 1802 1803 – 1814 1815
Old Confederation Helvetic Republic Mediation Federal Treaty
Alliances Unitary state under Loose foreign control Neutrality and
foreign control alliance of states
Shifting alliances between After civil wars broke out
cities and outlying areas Following the French invasion between federalists and With the defeat of Napoleon,
served to maintain internal in 1798, the Confederation supporters of the Helvetic the great European powers
political order and external was transformed into the Republic, Napoleon ordered a recognised Swiss neutrality
independence. In 1291 the Helvetic Republic: a unitary constitution based on the Act and set Switzerland’s borders
original forest cantons of Uri, state ruled from Paris. of Mediation, which restored as they are today. The Federal
Schwyz and Unterwalden some autonomy to the can- Treaty of 1815 brought to-
entered into the first docu- tons and set most of the gether the various federal
mented alliance. In the follow- cantonal borders. alliances into a single confed-
ing centuries, the Confedera- eration of states.
tion continued to grow
through alliances and
territorial conquests.

1919, 1929 1939 – 1945 1971 2000

Proportional Second World War Equal opportunities Third Federal
representation Inclusion of the left Women’s franchise Constitution
Towards consensus Continuity and
Against the backdrop of the In February 1971, 66% of the
democracy Second World War, the politi- electorate, then exclusively
openness
cal forces from left to right male, voted in favour of the
In 1919, the National Council The totally revised Federal
moved closer together. In women’s franchise at federal
was elected on a proportional Constitution regulated the
1943 Parliament elected a level. Most cantons and
basis and a second Catholic division of tasks between the
Social Democrat into govern- communes also gave women
Conservative (CVP/The Centre Confederation and the can-
ment, and in 1951 the left- the vote following this deci-
today) entered the Federal tons. In 2000, Swiss voters
wing party gained a second sion.
Council. A member of the approved the bilateral agree-
seat on the Federal Council.
Farmers’, Trades’ and Citizens’ ments between Switzerland
Since 1959, the Federal
Party (SVP today) entered the and the European Union. Two
Council has comprised mem-
Federal Council in 1929. years later they voted in
bers from four political parties
favour of joining the United
(➝‘magic formula’ p. 51).
Nations. (➝ p. 14/15)

11
 Federalism
Switzerland is a federal state: state power is shared between the
federal government, the cantons and the communes. The cantons
and communes have broad scope in carrying out their responsibili-
ties. Federalism makes it possible for Switzerland to exist as one
Federalism

entity – in spite of four linguistic cultures and varying regional

characteristics.
Switzerland

1 26
Switzerland, which is also referred to as the The Confederation is made up of 26 cantons.
Swiss Confederation, has been a federal state
since 1848.

Confederation Cantons
The Federal Constitution defines the Confederation’s Each canton has its own parliament, government, courts
tasks and responsibilities. These include Switzerland’s and constitution. The cantonal constitution may not con-
relations with the outside world, defence, the national tradict the Federal Constitution. The cantons implement
road network, and nuclear energy. Switzerland’s Parlia- the requirements of the Confederation, but structure their
ment, the Federal Assembly, is made up of the National activities in accor­dance with their particular needs. They
Council and the Council of States; the government com- have broad scope in deciding how to meet their responsi-
prises seven federal councillors, and the Federal Supreme bilities, for example in the areas of education and health-
Court is responsible for national jurisprudence. The Con- care, cultural affairs and police matters. Each canton
federation is financed among other means through direct levies its own cantonal taxes.
federal tax.
11 per cent of all Swiss citi- Proceeds from direct federal Four cantons are officially People’s assemblies (Lands-
zens live outside Switzerland tax account for 34 per cent of multilingual: Bern, Fribourg gemeinde) are still held in the
(the ‘Swiss Abroad’). the Confederation’s total and Valais have two official cantons of Appenzell Inner-
revenues. languages, Graubünden even rhoden and Glarus.
has three.

12
 When it comes to fulfilling their
tasks, each canton starts with a
different set of circumstances:
The National Fiscal Equalisation system is there are smaller, larger, more
urban, more rural and more
an important instrument in ensuring Switzer- mountainous cantons. The
land’s cohesion and reflects its desire for National Fiscal Equalisation
solidarity. The economically stronger cantons system is designed to reduce
and the federal government assist the finan- the economic disparities
between the cantons.
cially weaker cantons.
The federal government and
seven of the cantons are net
contributors: ZG, SZ, NW, GE,
BS, ZH, OW.

Federalism
The remaining 19 cantons
receive equalisation payments.

Switzerland
2148 Net contributors (7)
Net beneficiaries (19)

The 26 cantons are divided into 2148 communes.

In 2020, CHF 5.3bn flowed into
the fiscal equalisation system:
3.5bn from the federal
government, 1.8bn from the
cantons.

The examples of Jura

and Zug
The Canton of Jura, which
is financially weaker, receives
CHF 167m in fiscal equalisa-
tion, or CHF 2297 per inhabit-
ant.
The Canton of Zug, which is
Communes financially stronger, contrib-
utes CHF 330m, or CHF 2685
Each canton determines itself the division of responsibili- per inhabitant towards fiscal
ties between it and the communes. The responsibilities of equalisation.
the communes include local planning, running schools,
social welfare and the fire service. Larger communes and
cities have their own parliaments, and organise their own Further information about
referendums. In smaller communes, decisions are made fiscal equalisation
by the citizens at communal assemblies. Each commune
levies a communal tax.

The smallest commune An average of approximately

(Kammersrohr, SO) has a 38 communes merge every
population of 32, the largest year, thereby reducing the
approximately 420,000 (City total number of communes.
Film about federalism
of Zurich).
(in German)

13
International agreements and memberships

International agreements
and memberships

Europe
Switzerland

Agreements with the Memberships

European Union EU EFTA
The European Free Trade Association promotes free trade
Switzerland is not a member of the EU, but has close rela-
between its members Switzerland, Liechtenstein, Iceland
tions with it. These are governed by over 100 bilateral
and Norway. Together with the EU countries, the EFTA
agreements primarily concluded in two packages:
countries – excluding Switzerland – form the European
Economic Area (EEA). Swiss voters rejected membership
The first series of bilateral agreements largely governs
of the EEA in 1992.
economic matters. The main aim is to facilitate market
access for both sides (goods, services, labour). In 2000, • member states
4
the package was approved by 67 % of Swiss voters. They •H eadquarters in Geneva
consist of 7 agreements. If one of these agreements is •F ounded in 1960, Switzerland a founding member
terminated by Switzerland or the EU, the other 6 agree-
ments automatically cease to apply (‘guillotine clause’). Council of Europe
The Council of Europe is dedicated to protecting human
The second series of bilateral agreements governs rights, the rule of law and democracy. Its most important
further economic aspects, as well as cooperation in the agreement is the European Convention on Human Rights.
fields of asylum, security, the environment and culture. Human rights violations can be brought before the Euro-
There are 9 agreements, including the Schengen-Dublin pean Court of Human Rights in Strasbourg.
agreement, which was approved by 55 % of voters in
2005. Schengen facilitates transnational mobility and co- • 7 member states
4
•H eadquarters in Strasbourg
operation on justice and police. Dublin facilitates coordina-
•F ounded in 1949, Switzerland a member since 1963
tion on asylum proceedings.

• 7 member states
2
•Headquarters in Brussels
•Since 1951 (formerly ECSC, EEC)

International Geneva
42 international organisations
and 420 non-governmental Neutrality
organisations (NGOs) are Switzerland is a neutral state: it may not take part
based in Geneva. Around in armed conflicts or enter into military alliances.
32,000 international officials
Switzerland’s neutrality is recognised worldwide.
work there. International
conferences and gatherings That is why it is often asked to mediate in conflicts
are held there all the time. or exercise protective power mandates.

14
Switzerland is a neutral country with worldwide connections: it has

International agreements and memberships

ties with the European Union through a network of bilateral agree-
ments, and it is a member of the United Nations and other interna-
tional organisations. Experts and politicians from around the world
meet in Geneva to work together internationally.

World

Switzerland
Memberships
UN WTO
193 states of the world belong to the United Nations. It is The World Trade Organization regulates and promotes
committed to promoting peace and international security, global trade relations. The aim of the WTO agreements is
worldwide cooperation in solving international problems to ensure transparent, functioning and non-discriminatory
and respect for human rights. The principles of the UN are trade. WTO members undertake to comply with certain
laid down in the Charter of the United Nations. Switzer- basic rules in shaping their trade relations.
land has been a member of the UN since 2002: In a ref-
erendum, accession was accepted by 55 % of Swiss • 64 member states
1
•H eadquarters in Geneva
voters.
•F ounded in 1995, Switzerland a founding member

• 93 member states
1
•M ain headquarters in New York, European headquaters in Geneva OECD
and Vienna The Organisation for Economic Cooperation and Devel-
•F ounded in 1945, Switzerland a member since 2002
opment is a forum for exchanging knowledge in a wide
variety of fields. Its goal is to promote prosperity, quality
OSCE of life and equal opportunities. The OECD develops inter-
The Organization for Security and Cooperation in Europe, national standards and regularly publishes international
with its participating states in North America, Europe and statistics and studies, including the PISA studies.
Asia, is the world’s largest regional security organisation.
As a political forum for dialogue, it addresses a broad • 8 member states
3
•H eadquarters in Paris
range of security issues, promotes peace and seeks to
•F ounded in 1961, Switzerland a founding member
resolve conflicts. It mediates between parties involved in
conflict and supports democratisation and media free-
dom.

• 7 participating states
5
•H eadquarters in Vienna
•F ounded in 1975, Switzerland a founding member Partnerships
UNESCO NATO Partnership for Peace
The United Nations Educational, Scientific and Cultural Switzerland is not a member of NATO, but cooperates
Organisation, also active in the field of communication, is with it within the framework of the Partnership for Peace
a forum for international cooperation and the develop- and the Euro-Atlantic Partnership Council. NATO is a
ment of global standards. Its aim is to promote solidarity political and military defence alliance of 30 European and
among people and thereby contribute to peace, security North American countries. Together with partner coun-
and sustainable development. tries, it works for security and peace.

• 93 member states
1 • 0 members
3
•H eadquarters in Paris •H eadquarters in Brussels
•F ounded in 1945, Switzerland a member since 1949 •F ounded in 1949

15
 Direct democracy
Anyone who has reached the age of majority is In 1991 the voting age was lowered from 20 to
entitled to vote. Many communes therefore invite 18: the amendment to the relevant constitutional
their 18-year-old citizens to a special event to article was adopted by 73 % in a popular vote.
celebrate their coming of age.

16
17
 Direct democracy

Is there any other country where people have as many democratic

rights as in Switzerland? People vote on specific issues three to four
times a year. Every four years there are parliamentary elections. The
separation of powers ensures that power is not concentrated in the
hands of any single person or political party: this is a fundamental
principle of Swiss democracy.
Democracy

Turnout for votes and elections

Usually around 46 % of those eligible to vote cast their
ballots in federal votes. Voter turnout may be higher or
lower depending on the issue that is being voted on.
Turnout is similar in elections: just under 50 % of Swiss
women and men normally vote in federal elections.

Casting your ballot

Voters have various ways of casting their ballots:

• By post: voters send their ballot paper by post in the

official envelope or pop it in the mail box at their local
council offices.
• At the ballot box: voters can put their ballot paper
in the ballot box at the local polling station.

E-voting People’s assemblies

The Confederation and the (Landsgemeinden)
cantons now have more than In the cantons of Glarus and
15 years of experience with Appenzell Innerrhoden, several
e-voting. Currently, however, thousand voters gather out-
e-voting has been suspended. doors once a year to vote in
The rules on e-voting are a people’s assembly (Lands-
being revised for the next trial gemeinde). They vote to elect
phase in order to increase their representatives and to
system stability using fully decide on proposals that affect
verifiable systems. their canton. The people’s
assembly is an ancient form of
Swiss democracy.
www.ch.ch/democracy

18
Separation of powers Right to vote and to be elected
Power is divided among the three branches of the State, Swiss citizens aged 18 and over have the right to vote
the legislature (Parliament), the executive (Federal Coun- and they can stand as candidates for public office.
cil) and the judiciary (courts). Around 5.5 million people are eligible to vote.
e

Ex
ur

ec
at
isl

uti
Leg

ve
Branch

Judiciary

Democracy
Popular votes A wide range of parties
The Swiss are world champions at voting: they vote on Switzerland’s political landscape is home to a diverse
every amendment to the Constitution. By launching a range of parties, none of which has a majority at federal
popular initiative or calling for a referendum, citizens can level – neither in Parliament nor in the Federal Council.
demand that a vote be held on a political issue.

The Greens

SP
GLP

FDP
Voting today The Centre
EVP

SVP Others

19
 Separation of powers

The Swiss people

Separation of powers

The Swiss people elect the

Parliament (the legislature):
The 200 members of the National
Council and the 46 members of
the Council of States.
Democracy

National Council
= 10,000 people

Council of States

The Legislature
Parliament
Passing laws
Parliament decides on new laws and oversees the Feder-
al Council and the Federal Administration as well as the
federal courts and the Office of the Attorney General of
Switzerland. It comprises two chambers: The National
Council represents the People, while the Council of
States represents the 26 cantons. The two Councils have
equal powers. Together they make up the United Federal
Assembly. (➝ p. 30ff.)

20
The separation of powers prevents a concentration of power in the
hands of any individual person or institution. It is a basic principle of
democracy: power is divided among the three branches of state, the
legislature, executive and judiciary. No one may serve more than one
of the three branches of state at any given time.

Separation of powers
Parliament also appoints the
Attorney General: he or she
heads the Office of the Attorney
General of Switzerland, which
Parliament elects Parliament appoints the prosecutes offences involving
the government judges (the judiciary): explosives and espionage as
(the executive): The president of the Federal well as offences committed by
The seven members of the Supreme Court and the judges federal employees while carrying
Federal Council and the of the four federal courts. out their official duties.
Federal Chancellor. www.attorneygeneral.ch

Democracy
DETEC

DDPS

FDHA

EAER
FDJP

FDFA

FDF

The Executive The Judiciary

The Government The Courts
Implementing laws Laying down the law
The Federal Council is Switzerland’s government: it draws There are four federal courts. The highest court is the
up new laws and ensures that the decisions of Parliament Federal Supreme Court: it hears appeals against the judg-
are implemented. It comprises seven equal members; ments of the other courts and issues the final judgment
they reach their decisions together. Each Federal Council- in most cases. The Federal Criminal Court, the Federal
lor heads a department. The seven departments and the Administrative Court and the Federal Patent Court are the
Federal Chancellery make up the Federal Administration. federal courts of first instance. Most of their decisions can
(➝ p. 48ff.) be appealed to the Federal Supreme Court. (➝ 74ff.)

21
 Votes
The electorate decides on political issues up to four times a year.
Votes are held on popular initiatives and on certain parliamentary
decisions, in most cases having to do with constitutional or legisla-
tive amendments.

Changing the Constitution Putting a stop to a new law

In Switzerland, every amendment to the Constitution If Parliament passes a new law or approves an interna-
must be put to a vote (mandatory referendum) – wheth- tional treaty, those eligible to vote may request a referen-
Votes

er the proposed amendment was passed by Parliament dum against it (optional referendum).
or put forward by popular initiative. If they are successful, a referendum is held in which the
For a new constitutional article to come into force, the law or treaty in question is put to a vote. A majority of
consent of a majority of the People (popular majority) and voters must approve the law or referendum for it to come
Democracy

the cantons (majority of the cantons) is needed (double into force (simple majority).
majority). A popular vote is also ‘mandatory’ for Switzer-
land to join an organisation for collective security or a 2022 voting dates Information
supranational community (e.g. the UN or the EU). Swit- Votes are scheduled to take • Explanatory pamphlets are
place on the following Sundays sent by post to eligible
zerland can only join such an organisation or community if in 2022: voters
a double majority is achieved. • ‘VoteInfo’ app
13 February, 15 May, • www.admin.ch
25 September • www.ch.ch/en/demokratie
Swiss citizens aged 18 and over are eligible to vote and
and 27 November • Explanatory videos
may cast their ballots in federal votes.

Instruments of direct democracy

Popular initiative Optional referendum
Anyone who has the right to vote in Switzerland can To bring a decision made by Parliament to a vote (e.g. to
launch or sign a popular initiative to amend the Constitu- stop a new law from passing), anyone who has the right
tion. For a vote to be held on a popular initiative, 100,000 to vote can launch an optional referendum. To do so, they
valid signatures must be collected within a period of must collect 50,000 valid signatures within 100 days. An
18 months. optional referendum is also held upon request by eight
cantons (‘referendum requested by the cantons’).
Popular initiatives were intro- As of 31 December 2021, 10
duced at federal level in 1891. initiatives were at the signa- The optional referendum was As of 31 December 2021, the
226 have been voted on since ture-gathering stage, 8 were introduced in 1874. 203 have referendum period was run-
then. 24 have been accepted. pending before the Federal been held since then; 84 of ning for 38 federal acts and
Council or Parliament, and 2 the proposals were rejected decrees. Signatures were
were ready to be put to a by voters. being gathered for a vote on
vote. 5 proposals.

YouTube videos on
proposals submitted to the
vote of the People

22
Number of people entitled to play a part in political life as a proportion of the overall population
Votes held in
2021
7 March
8,700,000 Federal popular initiative: ‘Yes
to a ban on full facial coverings’
Yes 51.2 %

people live in Switzerland Federal Act on Electronic Identi-

fication Services (E-ID Act)
No 64.4 %

Economic Partnership Agree-

5,500,000 ment with Indonesia
Yes 51.7 %

have the right to vote (i.e. are at least 18 years old and have a Swiss passport) 13 June
Federal Popular Initiative: ‘For
clean drinking water and healthy
food – No subsidies for using
pesticides and prophylactic
2,500,000 antibiotics’
No 60.7 %

Votes
Federal Popular Initiative: ‘For
on average take part in votes (around 46 % of eligible voters) a Switzerland with no synthetic
pesticides’
No 60.6 %

Democracy
Federal Act on the Statutory
100,000 Principles for Federal Council
Ordinances on Combating the
COVID-19 Epidemic (COVID-19
Act)
can trigger a popular vote to amend the Constitution (‘popular initiative’) Yes 60.2 %

Federal Act on the Reduction of

Greenhouse Gas Emissions

50,000 (CO2 Act)

No 51.6 %

Federal Act on Police Counter-

terrorism Measures
can trigger a popular vote on a new law (‘optional referendum’)
Yes 56.6 %

26 September
Federal Popular Initiative:
‘Reduce tax on salaries, tax
capital fairly’ (99 % Initiative)
No 64.9 %

Effects of initiatives and referendums

Amendment to the Swiss Civil
Even if most initiatives fail and only very few laws are Code (Marriage for all)
stopped by a referendum, these two instruments can still Yes 64.1 %
have a major impact:
28 November
• They lead to public discussions on the topics they Federal Popular Initiative:
involve. ‘For better nursing care’
• They can influence legislation: groups that are likely to Yes 61 %

launch a referendum are taken into consideration in the Federal popular initiative:
drafting of new laws ( page 42/43). ‘Appointing federal judges by
• The Federal Council and Parliament will sometimes random selection’ (Justice
Initiative)
make counter-proposals to initiatives, to address the
No 68.1 %
initiative’s concerns in a different way.
Amendment to the Federal Act
on the Statutory Principles for
Federal Council Ordinances on
Combating the COVID-19 Epi-
demic (COVID-19 Act)
Yes 62 %

23
 Elections
Elections to the Federal Assembly are held every four years. Voters
aim to elect the 246 members of parliament that best represent their
views. They have a large number of candidates from a wide range of
parties from which to choose.

Elections to the National Council Elections to the Council of

States
Elections

Elections to the National Council are federal elections.

The provisions of the Federal Act on Political Rights apply
Elections to the Council of States are governed by can-
in all cantons.
tonal law: each canton has its own rules on who is eligible
Right to vote and to be elected to vote, when elections are held, what the election proce-
Swiss citizens over the age of 18 are eligible to vote: not dure is and how ballot papers are completed. However,
Democracy

only can they vote for the members of the National Coun- the following rules are the same in all 26 cantons: elec-
cil (right to vote), they can also stand for election to the tions to the Council of States are held every four years
National Council (right to be elected). and candidates for election to the Council of States must
be at least 18 years old and hold Swiss citizenship.
Elections based on proportional representation
Elections to the National Council in most cantons are
Elections based on the simple majority system
based on a system of proportional representation: seats
Elections to the Council of States in almost every canton
are allocated in proportion to the number of votes each
are based on the simple majority system: the person who
party or party list receives.
receives the most votes is elected.
Election guide
An election guide explains how to complete and return • Absolute majority: the person who receives more than
the official ballot papers correctly in cantons with more half of all the votes cast is elected.
than one seat in the National Council. Every voter is sent • Relative majority: the person who receives more votes
the guide, which is also available online. than any of the other candidates is elected.

Examples of cantonal differences

Dates
The most recent federal In the canton of Glarus, Swiss citizens aged 16 and 17
elections were held on 20 Oc- can also vote in elections to the Council of States. Candi-
tober 2019. The next elections dates for the Council of States must be under the age of
to the National Council and (in
65. In Appenzell Innerrhoden, voters elect their member
most cantons) the Council of
States will be held on of the Council of States at an outdoor assembly (‘the
22 October 2023 Landsgemeinde’), which is always held in the April before
the elections to the National Council. In the cantons of
Jura and Neuchâtel, a system of proportional representa-
tion is used, while in the other cantons the simple majority
system applies. Swiss citizens living abroad are only eligi-
ble to vote in certain cantons.

YouTube – Election guide

www.ch.ch – How do you Elections to the
Who has the right vote? National Council www.ch.ch/
to vote? (in German) (in German) elections 2019

24
 Parties from left to right
In the elections to the Swiss parliament, there are quite a
number of parties to choose from, some very different
from others. They differ from each other in their views on
the role of the state, society and the economy.

Whereas left-wing parties (SP, the Greens) favour a highly

developed social state, right-of-centre parties (FDP, SVP)
advocate a liberal economic policy and personal respon-
Elections are decisive
sibility. Certain political issues are neither distinctly left nor
Even in Switzerland most issues are decided by
right-wing, i.e. environmental protection, the question of
Parliament or the government. However, between
how open Switzerland should be towards the EU and
the elections in 2015 and 2019, the electorate was
international organisations, and issues regarding liberal
called on to vote on 33 specific proposals. In the
values (e.g. same-sex partnerships). Depending on the
same period, Parliament passed 464 laws, includ-
issue, centre parties (e.g. ‘The Centre’, previously the
ing 134 federal acts and 94 federal decrees. It also
CVP) will cooperate with either left or right-wing parties.
elected the government, the members of the
federal courts and the Attorney General.
Political parties help to form political opinion, nominate
candidates for public office and launch initiatives and

Elections
referendums. Parties differ from each other in their views
on the role of the state, society and the economy

What does ‘left-wing’ What does ‘right-wing’

mean? mean?
• A strong social state that • Freedom and personal

Democracy
levels social disparities responsibility; the state
• Emphasis on workers’ intervenes only where
interests absolutely necessary
• Price controls, public • Emphasis on employers’
services interests
• More peace policy, less • Free enterprise, economic
military incentives
• Strong national defence

Party strengths (shares of the vote in elections to the National Council 2019)

32 %

28 %

24 %

20 %

16 %

12 %

8%

4%

0%

1991 1995 1999 2003 2007 2011 2015 2019

FDP Small centrist parties Small left-wing and green Small right-wing parties
CVP (LDU, EVP, CSP) alternative parties (PdA, (Lega, MCR, EDU, etc.)
EàG, etc.)
SP GLP Others
SVP BDP The Greens

25
 Political parties in the Federal
Political parties in the Federal Council and in Parliament

Council and in Parliament

Switzerland’s political landscape comprises many different parties,
of which none holds a majority at federal level. In the 2019 – 2023
legislature period, twelve political parties are represented in the
National Council. Five of those are also represented in the Council
of States, four in the Federal Council.

At the 2019 federal elections, the two ecological parties Parties with similar political
convictions come together in
made the largest gains: The Greens won an additional 17
parliamentary groups (➝ p. 36).
seats and the glp 9 seats. Although the SVP lost the most
number of seats – 12 in all – it remains the strongest party
in the National Council. The other parties represented in
the Federal Council also lost seats: the SP and FDP both
lost 4 seats, while the CVP lost 2 seats.
Democracy

SVP – SP – Swiss Social FDP – The Centre**

Swiss People’s Party Democratic Party FDP.The Liberals

Party President Co-Presidents Party President Party President

Marco Chiesa Mattea Meyer Thierry Burkart Gerhard Pfister
Cédric Wermuth

Share of the vote * 25.6 % Share of the vote * 16.8 % Share of the vote * 15.1 % Share of the vote * 13.8 %**

Federal Council 2 Federal Council 2 Federal Council 2 Federal Council 1

National Council 53 National Council 39 National Council 29 National Council 28**
Council of States 6 Council of States 9 Council of States 12 Council of States 13

www.svp.ch www.sp.ch www.fdp.ch www.die-mitte.ch

* Share of the vote at the 2019 parliamentary elections (‘party strength’) ➝ p. 25

26
 Political parties in the Federal Council and in Parliament
The Greens – glp – Swiss Green EVP – Swiss Evangeli- EDU – Federal
Swiss Green Party Liberal Party cal People’s Party Democratic Union

Party President Party President Party President Party President

Balthasar Glättli Jürg Grossen Lilian Studer Daniel Frischknecht

Share of the vote * 13.2 % Share of the vote * 7.8 % Share of the vote * 2.1 % Share of the vote * 1.0 %

Federal Council 0 Federal Council 0 Federal Council 0 Federal Council 0

National Council 28 National Council 16 National Council 3 National Council 1
Council of States 5 Council of States 0 Council of States 0 Council of States 0

Democracy
www.gruene.ch www.gruenliberale.ch www.evppev.ch www.edu-schweiz.ch
I
LE

G
ES

A
DEI TICIN

LdT – PdA – EàG

Lega dei Ticinesi Swiss Workers’ Party Ensemble à Gauche

** Following the merger of the CVP

and the BDP, the new party is known
Party President Party President Party President
as ‘The Centre’ (since 1.1.2021).
vacant Gavriel Pinson Pierre Vanek At the 2019 elections, the parties
achieved the following results:
Share of the vote
CVP 11.4 %
Share of the vote * 0.8 % Share of the vote * 0.8 % Share of the vote * 0.3 % BDP 2.4 %
No. of National Council seats
CVP 25
BDP 3
Federal Council 0 Federal Council 0 Federal Council 0
National Council 1 National Council 1 National Council 1
Council of States 0 Council of States 0 Council of States 0

www.lega-dei-ticinesi.ch www.pda.ch www.eag-ge.ch

One of the 46 members of the Council of States does not belong to a political party.

27
The Legislature Parliament Following an animated debate, the delegates
1,200 women from across Switzerland applied submitted their petitions to Parliament and the
to take part in the 2021 women’s session of Federal Council. The women’s session coincid-
Parliament. 246 were able to take up seats in the ed with the 50 th anniversary of the introduction
National Council chamber on 29 and 30 October. of women’s voting rights.
 The Legislature
Parliament
Parliament passes laws and elects the members of the federal
government and the federal courts. It is responsible for the federal
budget and exercises oversight over the Federal Administration.
Parliament is elected by the People. It consists of two chambers: the
National Council and the Council of States. The National Council
represents the people of Switzerland; the Council of States repre-
sents the 26 cantons. Each chamber has the same powers, and they
conduct the same business. When sitting together in joint session,
they constitute the United Federal Assembly.
The Legislature

www.parliament.ch
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-
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.

30
Members in the National Council Strength of parliamentary
and the Council of States groups

Centre group
The Green Liberals
FDP

SP

SVP
The
Greens

200 members of the National Council National Council

Centre group
FDP
SP

SVP
The Greens

The Legislature
46 members of the Council of States Council of States

Age groups in the Swiss Women and men in Parliament

Parliament
population and in Parliament

CS NC CS NC CS NC CS NC

% of the population % in Parliament Women Men

31
 The roles of Parliament
Parliament is responsible for enacting legislation, releasing funding,
electing the members of the highest federal authorities and oversee-
ing the Federal Council, the Federal Administration and the federal
courts.
The roles of Parliament

Legislation Election of federal authorities

Parliament enacts legislative provisions in the form of The National Council and the Council of States come
federal acts or ordinances. Amendments to the Federal together for elections to form the United Federal Assem-
Constitution must be put to the vote of the People and bly, which elects the members of the federal government
the Cantons. and the federal courts and, if necessary, appoints a gen-
eral. During the winter session, it elects one member of
Parliament

The Federal Constitution Ordinances the Federal Council as president of the federal govern-
forms the bedrock of the complement the acts. The ment, and another as vice president, each for a one-year
Swiss Confederation. The Federal Council and the
People and the Cantons are departments enact most of
mandate. The United Federal Assembly also elects the
the gatekeepers of the Con- the ordinances, which are Federal Council’s chief of staff, also known as the Federal
stitution. Parliament can draft issued without the participa- Chancellor, and the Attorney General of Switzerland.
amendments to the Federal tion of Parliament. In the case
Constitution, but must put of an important ordinance, the
them to the vote of the People relevant parliamentary com- 2019 Federal Council elections
and the Cantons (➝ mandato- mittee may request that a During the last Federal Council elections in December
ry referendum, p. 22). People draft text be submitted for 2019, Parliament – meeting as the United Federal Assem-
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
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-
sions of the Constitution.
Green Party ran against the FDP, however the FDP federal
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.

32
 In the 50 th legislature period
(2015 – 2019) Parliament
enacted 464 decrees:
The technical term for the Swiss parliament is
‘Federal Assembly’. Article 148 of the Federal 134 federal acts
Constitution reads, for example: “Subject to the
rights of the People and Cantons, the Federal
Assembly is the supreme authority of the Confed-
eration.”

94 federal decrees

The roles of Parliament

Budget control and oversight 226 simple federal decrees

Parliament has sovereignty over federal finances: it deter-

mines the budget for the following year, takes note of the
Federal Council’s budget and approves the state ac-
counts of the previous year. Parliament votes on the
budget during the winter session. The items of business

Parliament
move quickly from one chamber to the other. In the event
that the National Council and the Council of States are
unable to reach an agreement on the federal budget, the
lower amount is accepted. The finance and control com-
mittees and their delegations are in charge of overseeing
the Federal Budget. They check the work of the Federal
Council, the Federal Administration and the federal
courts, and thereby also examine the effectiveness of
these authorities.

Federal revenues and expenses: p. 48 / 49

10 ordinances

Legislative provisions are

enacted in the form of federal
acts and ordinances. The
remaining decrees are ‘federal
decrees’. Referendums are
required only for a small
number of federal acts. Sim-
ple federal decrees and
ordinances cannot be
stopped by a referendum.

Video about the roles

of the Federal Assembly
(in German)

33
 Organisation of Parliament
The Swiss parliament consists of two chambers: the National
Council and the Council of States. The National Council represents
the Swiss population, while the Council of States represents the
26 cantons. The two Councils have equal powers: All items of
business are handled both by the National Council and the Council
of States. The Councils must agree on all items of business before
their decisions can come into force.
Organisation of Parliament

The large chamber is the The small chamber is the

National Council Council of States
The National Council represents the people living in Swit- The Council of States has 46 seats and represents the can-
zerland. It has 200 seats. Cantons with a larger popula- tons. Twenty cantons have two seats, and six cantons have
tion have more seats. Each canton is entitled to at least one seat. The six cantons with only one seat were until 1999
one seat. Each member of the National Council repre- listed as ‘half cantons’ in the Federal Constitution. They are
Parliament

sents around 42,000 people. The National Council is also Obwalden and Nidwalden, Appenzell Ausser­rhoden and
known as the ‘large chamber’ or the ‘people’s chamber’. Appenzell Innerrhoden, and Basel-Stadt and Basel-Land-
schaft. The size of a canton’s population is not a determining
President of the National Council for 2022 factor in its number of seats in the Council of States. The
Every year, a different member acts as president of the canton of Uri, which has a comparatively small population,
National Council. Irène Kälin (The Greens) will preside has the same number of two seats as does the populous
over the National Council in 2022. The president plans canton of Zurich. This system balances out the voting power
and directs National Council deliberations, heads the of the populous cantons in the National Council. The Council
Council Office and represents the National Council exter- of States is often referred to as the ‘small chamber’ or the
nally. ‘chamber of the cantons’.

Election based on proportional representation President of the Council of States for 2022
National Council elections are held every four years in Every year, a different member acts as president of the Coun-
most cantons on a proportional basis. This means that cil of States. Thomas Hefti (FDP.The Liberals) will preside
the seats held by a canton are distributed among the over the Council of States in 2022. The president plans and
different political parties based on the votes they receive. directs the Council of States deliberations, heads the Council
This makes it possible for smaller political forces to be Office and represents the Council of States externally.
represented in the people’s chamber.
Election based on the simple majority system
National Council elections schedule Council of States elections are held every four years, in most
The next elections will be held in October 2023. cantons at the same time as the National Council elections.
Council of States elections are almost always based on the
simple majority system. This means that the candidate who
receives the most votes is elected. The cantons decide
individually when and how they elect their representatives to
the Council of States.
Video of the most impor-
tant bodies of the Federal Council of States elections schedule
Assembly (in German) The next elections will be held in April or October 2023.

34
 President of the National
Council 2022
Irène Kälin, Aargau
The Greens

What inspired you to enter politics?

I have always been quite a political person, particularly in
the face of injustice. But the fact that I got into politics is
partly due to chance. I certainly happened to be in the right
place at the right time. After all, as a politician, you are
always dependent on your own party and how popular it is
with the voters.

What priorities have you set for your year as president?

My priority is to strive for balance. On the one hand, the
classic balance between work, life and politics, which
should be encouraged to a greater extent by Parliament. But

Organisation of Parliament
also in terms of greater balance in the expression of
opinions in Parliament. Particularly in times of crisis, we
have a duty to seek compromise and present the public with
solutions that they can see make sense and so support.

The United Federal Assembly

The National Council and the Council of States convene
as the United Federal Assembly to handle specific items of
business. The United Federal Assembly elects the mem-
bers of the federal government and the Federal Supreme
Court, the Federal Chancellor, and the Attorney General of

Parliament
Switzerland. It also meets to take note of statements made
by the Federal Council, and rule on conflicts of jurisdiction.
President of the Council of
States 2022
Thomas Hefti, Glarus
FDP.The Liberals
Sessions
The National Council and the Council of States meet for What inspired you to enter politics?
three-week sessions in spring, summer, autumn and winter It pretty much runs in the family. My great-grandfathers
to deliberate and rule on items of business. The two cham- took a strong interest in politics and were very active in that
bers meet separately, but under the same roof of the Parlia- regard. The female members of the family were also eager
ment Building in Bern. Council Office, parliamentary group to join in the discussions around the dinner table. Apart
and committee meetings take place in-between sessions. from the family, the people’s assembly in the canton of
Glarus had a strong influence on me. Even as a young boy, I
Schedule of sessions for 2022 Election of the presidents of always went along and was totally fascinated by it.
Spring session: the National Council and of
28 February – 18 March the Council of States:
Summer session: 28 November
How do you manage to reconcile professional and
30 May – 17 June political life?
Autumn session: Election of the President of That’s not always been easy. I’m a lawyer and notary with
12 – 30 September the Swiss Confederation and
my own law practice. When I got into politics, I knew that I
Winter session: the vice president of the
28 November – 16 December Federal Council: would have to try to find a balance between the two. As I’m
7 December self-employed, I have cut back and handed over some of the
Special session (if required): workload in the practice to my wife.
9 – 13 May The meetings are open to the
public. The debates are
broadcast live on the Parlia-
ment website, and published
after around an hour as a
verbatim report with a video
in the Official Bulletin:
www.parliament.ch

35
 Political parties and
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-
bers of the Council of States
parties in the parliamentary process.
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,
everyone may take the floor.
same party or ofparties with similar views. Even members
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.
Organisation of Parliament

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.
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) Philipp Matthias Bregy 41 The Centre, 3 EVP 44 31 13

FDP.The Liberals Group Beat Walti 41 FDP.The Liberals 41 29 12

Green Group Aline Trede 33 The Greens, 1 PdA, 1 EàG 35 30 5

Green Liberal Group Tiana Angelina Moser 16 GLP 16 16 0

36
Allocation of seats in the National Council

Organisation of Parliament
Parliament
Allocation of seats in the Council of States

SVP
SP
Centre group
FDP.The Liberals
The Greens www.parliament.ch – Who sits where?
GLP (in German)

37
 parliamentary groups political parties
Organisation of Parliament

specialist committees supervisory committees

per Council per Council

Committees and delegations

Parliament

The full Parliament is made up of 246 members. It would Supervisory committees

be difficult for so many people to deliberate an item of Each chamber has two supervisory committees: one to
business. This is why initial discussions on all items of oversee federal finances and the other to examine the
business take place in committees, which hold their business of other federal authorities (Finance Committees
meetings in camera. National Council committees com- and Control Committees). The most rigorous means of
prise 25 members each, while those in the Council of parliamentary oversight is the Parliamentary Investigation
States comprise 13 members. There are different types of Committee (PInC). Only four PlnCs have ever been ap-
committees: pointed in the history of Switzerland, the last one in 1996.

Specialist committees Delegations

The National Council and the Council of States have nine Delegations are composed of members of both cham-
committees that deal with specific areas. They discuss bers. Three delegations perform supervisory functions;
items of business related to their specific area and stay seven delegations represent the Swiss parliament in inter-
up-to-date on any relevant social and political develop- national parliamentary assemblies; and five additional
ments. delegations are in charge of fostering relations with
foreign parliaments.
Specific areas:
• Legal affairs
• Security policy
• State policy
• Economy and taxes
• 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
 Procedural requests tabled by each Council member

2021

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-
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

Organisation of Parliament
• 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.

• A postulate is used to instruct the Federal Council to

examine and report whether a new law should be draft-
ed or measures taken. A postulate is accepted if a
Council agrees to it.

Before a motion or a postulate is submitted to the

Council, the Federal Council puts forward a recommen-

Parliament
dation. The procedural requests recommended for 2017
adoption are expedited. The recommendation is pre-
pared by the relevant department.

• An interpellation is a request to the Federal Council for

information on important incidents in Switzerland and
abroad, and on federal government matters. The Fed-
eral Council’s response is then sometimes discussed in
the Council of States and, in the case of urgent inter-
pellations, also in the National Council.

• Questions are used to request information from the

Federal Council. The Federal Council answers ques-
2010
tions in writing. They are not dealt with in the Council.
Urgent questions must be answered by the Federal
Council in the same session.

• During question time in the National Council, Council

members can ask the Federal Council questions on
current issues. The questions must be submitted in
writing one week in advance and will be answered
orally by the responsible head of department.
2000

39
 Particularities of Parliament

Shifting majorities
Two councils with equal powers
Particularities of Parliament

Several parties are represented in Parliament, none of

which holds a majority. Parliament does not have a lasting
In many countries, parliament is unicameral. In Switzer-
majority nor a permanent opposition, as is the case in
land, Parliament has two chambers – the National Council
many other countries. Majorities are built on the basis of
and the Council of States – which have exactly the same
the issues and depending on which parties agree on an
powers and responsibilities. The two chambers deal with
issue.
the same business in the same way. They must agree on
all points for a bill to come into force, and must use the
same wording to adopt legislation. So approval by only
one chamber is not enough. It often takes time for the
National Council and the Council of States to reach an
agreement.
Parliament

Semi-professional Parliament
The members of the Swiss parliament are not full-time
politicians. Part-time politicians bring hands-on expertise
to debates due to their professional activities, and they
are more grounded and accessible to the People. Howev-
er, Council members spend more and more time on their
Resolution of differences
parliamentary work, some even full-time. This gives Swit-
In the event that the National Council and the Council of
zerland a mixture of part-time and full-time politicians.
States are unable to reach an agreement on an item of
business, the business is sent from one chamber to the
other for a resolution of differences, where it is examined
by the preliminary consultation committees. If the Nation-
al Council and the Council of States are still not in agree-
ment about the business after three rounds, a reconcilia-
tion conference is held. Without agreement on the
business, it is abandoned. (➝ p. 43)

40
Three official languages
Parliament deliberates and legislates in the Confedera-
tion’s three official languages: German, French and Italian.
During National Council sessions, simultaneous interpre-

Particularities of Parliament
tation into the two other official languages is provided for
all member statements. Multilingualism reflects the re-
spect for minorities, which is the basis for living together Voting recommendations
in Switzerland. Every statement is published in the lan-
guage in which it was submitted in the Official Bulletin. Popular votes are held regularly in Switzerland. Parlia-
ment and the Federal Council provide voting recommen-
dations on each proposal in an explanatory pamphlet that
is sent to eligible voters before the vote. The pamphlet is
also available online.

Parliament
Stability
The government and Parliament are elected for a period
of four years, and cannot be dissolved. Parliament’s deci-
sions are not an expression of confidence or no confi-
dence in the government. Parliament can send back, The People have the last word
amend or reject draft legislation, without the government
having to step down. This gives Parliament a strong posi- In Switzerland, it is not Parliament that has the last word,
tion. In addition, Parliament is the only body at national but the electorate. In addition to the right to vote, eligible
level that is directly legitimised by the People. voters have two options for directly influencing national
politics:
• Referendums (➝ p. 22)
• Popular initiatives (➝ p. 22)

41
 How new laws come about
Enacting new legislation takes time and consists of several stages.
Many different actors are involved in the legislative process. Only
once they have all shared their views, and the National Council and
the Council of States agree on the wording of the law can the Federal
Council bring the law into force. And, of course, only once the People
have given their approval.
How new laws come about

Parliament
Parliament

7
The Federal Council and Consultation in the first
chamber (e.g. the National
the Federal Administration Council)
The first chamber has three
options: it may consider the
law to be superfluous and
1 request that it not be enacted;
Impetus it can reject the text and
It is the Federal Council or instruct the Federal Council or
Parliament that gives the the committee concerned to
impetus (in the form of a 4 revise it; or it can discuss the
parliamentary initiative, a Draft legislation law in detail and make a
motion or a postulate ➝ p. 39) Department X prepares the decision.
for a new law. The cantons preliminary draft law and
5
may also request a new law adapts it on the basis of the
Federal Council Dispatch
(cantonal initiative). results of the consultation
The Federal Council examines 6
procedure. It then submits the
the bill and sends it to Parlia- Preliminary examination by
bill to the Federal Council.
ment. the committee of the first
2
chamber
Preliminary draft
The presidents of the National
The Federal Council instructs 3
Council and the Council of
Department X to draw up Consultation procedure
States decide whether the bill
a preliminary draft for a law. Department X submits the
is dealt with first in the Na-
All departments and federal preliminary draft to the Feder-
tional Council or in the Coun-
offices are consulted on this al Council, which initiates the
cil of States. A committee of
preliminary draft (office con- consultation procedure. The
the first chamber discusses
sultation procedure). consultation procedure allows
the text and submits a pro-
all citizens, cantons, com-
posal to its Council (first
munes, political parties,
chamber). (Committees ➝
federations, trade unions,
p. 38).
associations, churches and
interest groups to comment
on the preliminary draft.

42
 Milestones in national legislation
1•919 System of proportional representation
for the National Council elections
1•948 OASI (Old Age and Survivors’ Insurance)
1•971 Women’s right to vote
2•000 Complete revision of the Federal Constitution
2•000 Switzerland’s bilateral agreements with
the EU
2•002 Switzerland’s accession to the UN

Swiss voters

How new laws come about

14 16
Optional referendum Entry into force
13 The law adopted by Parlia- If the majority of voters
Final vote in the first and ment is brought back to the approve the new law, the
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

Parliament
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
chamber discusses the text votes in favour of the new law. the law into force.
approved by the first chamber
and submits a proposal to its
12 15
Council (second chamber).
Conference of conciliation Popular vote
In the event of unresolved If a referendum is launched
9 differences between the against the law, the law will
Consultation in the second National Council and the be put to the vote of the
chamber (e.g. Council of Council of States after three People.
States) rounds, a conference of
The second chamber has the conciliation is held. The
same options as the first conference is composed of
chamber: request to not enact members of the preliminary
the law, rejection of the text; consultation committees who
or point by point deliberation work together to find an
and making a decision. agreement. The agreement
is then submitted to the first
chamber, and then to the
10 second chamber.
Resolution of differences
in the first chamber
If the decisions of the Nation- 11
al Council and the Council of Resolution of differences
States differ, a procedure for in the second chamber
the resolution of differences is After discussing and voting
initiated. The committee of on this proposal, the prelimi-
the first chamber makes a nary consultation committee
proposal to the first chamber. of the second chamber ad-
dresses the remaining differ-
ences and makes a proposal
to the second chamber.

43
 10 legal provisions introduced
in 2022

Social insurance numbers Climate

Public authorities in Switzer- Car importers will now face
land are now allowed to fines if the vehicles they
systematically use a person’s import fail to pass applicable
social insurance number in CO2 thresholds.
order to identify citizens.

Aviation
Federal employees Airport staff will be subject to
From 2022, federal employ- tighter security checks from
ees will be entitled to four the beginning of the year.
weeks of paternity leave. It is
now also easier to switch the
place of work and work time
model.
Was Einstein right?
Albert Einstein once said that “if the world were to
10 legal provisions

Prices
New measures to tackle high end, I’d prefer to be in Switzerland. Everything
prices in Switzerland, e.g. ban happens five years later there.” Is he right? The
on geo-blocking, a method
used by online retailers to
end of the world could well be thrown off course in
Gender modify prices and content the consultation procedure, or at the very least in
It is now easier for transgen- available to Swiss residents. Parliament. There may well also be disagreement
der people to have their first within the Federal Council on a reasonable time
name and gender amended in
the civil status register.
schedule for the end of the world. And Swiss
voters will also have their say in the matter! One
can assume that Swiss voters would reject the end
Parliament

of the world. It looks like, for once, Einstein was

Animals wrong: the world would not simply end a few
New regulations on slaughter years later in Switzerland, it would not be allowed
Public health methods, e.g. poultry no to end, ever.
Stricter criteria apply for longer has to be killed using
doctors wishing to open CO2 alone; other gas mixtures
outpatient practices. may also be used. Excerpt from a speech by Federal Councillor
Alain Berset

Domestic violence
Victims of domestic violence
and stalking are to be afford- Weapons
ed better protection, e.g. Weapon store owners will be
through electronic monitoring required to take further steps
of restraining orders. to protect against break-ins.

Federal law
www.fedlex.admin.ch

44
The Parliamentary Services
The Parliamentary Services support Council members in fulfilling
their duties. They are answerable to Parliament and operate inde-
pendently of the Federal Council and the Federal Administration.

Support for Parliament Open Day events for

The Parliamentary Services serve as Parliament’s own
the general public
independent staff office, which works on behalf of both
In normal times, around 100,000 people visit the Swiss
chambers. The Parliamentary Services have a staff of
parliament each year. Visitors can watch Council debates
around 300 (amounting to more than 200 full-time equiv-
from the galleries during the sessions. Between sessions,

The Parliamentary Services

alents). Their tasks include organising Council and com-
the Parliamentary Services offer guided tours of Parlia-
mittee meetings and handling translations.
ment. Visitors can visit the parliament building without
prior reservation during the Open Day events which are
The Parliamentary Services support Parliament in
organised several times a year. Due to the high demand
fulfilling its duties. They:
for visits during the sessions and guided tours, we recom-
• plan and organise Council sessions and the parliamen-
mend you make reservations as early as possible.
tary committee meetings;
• provide a secretariat and translation services, and take
Open Day schedule 2022
the minutes of the debates of the Councils and the 9 April
committees; 25 June
• advise Council members, in particular the presidents of 1 August
29 October
the Councils and committees, on substantive issues

Parliament
and matters of procedure;
• inform the public about Parliament and its activities;
• support Parliament in maintaining international relations;
• manage the parliamentary library and provide docu-
mentation and IT services to Council members; www.parliament.ch – Visiting
• provide an adequate infrastructure and perform many the Parliament Building
other parliamentary administration tasks.

Expenses 2020 (CHF) Staff (FTEs) 2020

68 million 222

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

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 2022 was chosen by Ignazio Cassis as he is
cil. The president for that year gets to decide the president this year.
 The Executive
The Government
The Federal Council is Switzerland’s government. It consists of
seven members, who take decisions and defend their decisions in
a collegial manner. The presidency rotates every year. The Federal
Council is assisted in its tasks by the Federal Administration.
The Confederation’s expenditure may not exceed its receipts over
the longer term: this is ensured by the debt brake mechanism.
Parliament decides on the federal budget.
www.admin.ch

Federal finances: Parliament has the final say

The Executive

In order to fulfil its tasks, the Confederation needs money.

The Federal Constitution sets out what taxes the govern-
ment can raise. When it comes to spending money, the
Federal Council cannot just do as it sees fit: there is a
legal basis for every item of expenditure that is the result
of a democratic process.
Parliament has sovereignty over federal finances: it de-
Government

cides the budget and approves the state financial state-

ment of the previous year. (➝ p. 33, p. 38).

Debt brake mechanism

The Confederation is required to balance its expenditure
and receipts over the longer term. It is required to run a
surplus when the economy is thriving and may spend
more than it collects in receipts when the economy is
weak. The debt brake does allow for an exception to be
made in extraordinary situations such as serious econom-
ic crises and natural disasters; the government may then
undertake additional expenditure.
Taxes in Switzerland
www.ch.ch Extraordinary expenditure
The COVID-19 pandemic has resulted in one of the most
serious economic downturns in recent decades. To help
the economy and the public, the Federal Council and
Parliament passed support measures to the tune of tens
of billions of francs. At the same time the Confederation
faces a shortfall in receipts. Thanks to its low public debt,
YouTube – Switzerland and the Confederation in particular are in a
The Federal Council – a brief guide sound financial situation.

48
Federal receipts and expenditure 2020

Education and research

Finances and taxation

Agriculture and food

Other expenditure
Foreign relations
Social welfare

Transport

Security
7% 10 % 3% 3% 6% 7% 31 % 34 % 41 % 12 % 12 % 9% 7% 4% 4% 10 %
Non tax receipts

Other tax receipts

Tobacco duty

Stamp duty

Mineral oil tax

Withholding tax

Value added tax

Direct federal tax

Receipts of 72 billion Expenditure of 87.8 billion

Direct federal tax and VAT are the Confederation’s main The Confederation dedicates 41% of federal expenditure
sources of receipts. Direct federal tax is raised on the to social welfare. Half of that goes towards old age pen-
income of private individuals (progressive, max. 11.5 %), sion provision (OASI), and a sixth to invalidity insurance
and on business profits (8.5 %). VAT is 7.7 % on most (II). In 2020 this also included funds to tackle the conse-
goods and services. quences of the COVID-19 pandemic. i.e. short-time work-
ing compensation (10.8bn) and Corona loss of earnings
compensation (2.2bn).

The Executive
Political party composition of the Federal Council since 1948

FDP FDP FDP FDP FDP FDP FDP FDP FDP FDP

FDP FDP FDP FDP FDP FDP FDP FDP FDP FDP

Government
FDP FDP FDP FDP FDP SP SP SP SP SP

FDP FDP FDP FDP SP SP SP SP SP SP

FDP FDP FDP SVP SVP SVP SVP BDP SVP SVP

FDP FDP CVP CVP CVP CVP SVP BDP BDP SVP

FDP CVP CVP CVP CVP CVP CVP CVP CVP CVP

1848 1891 1919 1929 1943 1951 2003 2008 2009 2015

1848 The Federal Council was 1929 Parliament elected a 1959 The four strongest parties 2009 A member of the SVP
composed of seven members member of the Farmers’, agreed to form a government was elected in place of a
of the Free Democratic Party Trades’ and Citizens’ Party by applying the ‘magic formu- retiring BDP representative.
(today FDP.The Liberals). (today SVP) to the Federal la’: 2 FDP, 2 CVP, 2 SP, 1 SVP.
The party governed alone for Council. The formula remained un- 2015 The BDP representative
43 years. changed for 44 years. stepped down. Parliament
1943 The first Social Demo- elected an SVP representative
1891 The first member of the crat (SP) entered the govern- 2003 At the Federal Council in her place.
Catholic Conservatives (today ment; the second followed in elections, the SVP won a seat
CVP) joined the government; 1951. at the expense of the CVP. Since then The Federal
the second joined in 1919. Council has again been com-
2008 The two representatives posed of members from four
of the SVP joined the newly different political parties – ac-
founded Conservative Demo- cording to the 2:2:2:1 formula.
cratic Party (BDP).

49
 The Federal Council
The Federal Council comprises seven members of equal standing.
They are elected by Parliament every four years, with a different
member holding the post of president each year. The current
members of the Federal Council are drawn from four different
parties. Four come from the German-speaking part of Switzerland,
two from the French-speaking part and one from the Italian-­
speaking region.

The Federal Council normally meets every week. Espe- Important dates
cially demanding issues are discussed in special ses- Election of the president and
vice president:
sions. Each year, it decides on more than 2,500 items of 7 December 2022
business. The seven departments and the Federal Chan- Election of the Federal Coun­
cellery support the Federal Council by helping to prepare cil (following the parliamenta­
ry elections in October)
the meetings.
December 2023
The Federal Council

President Vice President

Government

Ignazio Cassis Alain Berset Ueli Maurer Simonetta Sommaruga

Head of the Federal Department Head of the Federal Depart­ Head of the Federal Depart­ Head of the Federal Department
of Foreign Affairs ment of Home Affairs ment of Finance of the Environment, Transport,
Energy and Communications
Member of the Federal Member of the Federal Member of the Federal
Council since 2017 Council since 2012 Council since 2009 Member of the Federal
Council since 2010

Party affiliation FDP Party affiliation SP Party affiliation SVP Party affiliation SP
FDP SP SVP SP

The president is of equal

standing to the other mem­
bers of the Federal Council,
but chairs the meetings and
represents the government
in its external dealings

50
What is special about the
Federal Council?
Collegiality Magic Formula
Switzerland is the only country in the world that has a 2:2:2:1 is the endlessly debated formula for the political
collegial body as its government: the seven members of composition of the Federal Council: the largest three
the Federal Council are each members of the college and parties each hold two seats in the Federal Council, while
have equal rights. The president of the Swiss Confedera- the fourth largest party has one seat. For 44 years (1959 –
tion chairs the meetings and represents the government 2003), the Federal Council was made up of 2 FDP, 2 SP
in its external dealings. The presidency rotates each year. and 2 CVP representatives, and 1 SVP representative.
Since 2003, there has been a minor shift: 2 FDP, 2 SP,
Consensus 2 SVP, 1 CVP (‘The Centre’ from 1.1.2021).
The members of the Federal Council often have conflict-
ing views and values. However, they always seek a con- Stability
sensus and reach their decisions together. Outwardly, the The members of the Federal Council are elected by Par-
Federal Council presents a united front: the members of liament to serve a four-year term of office and cannot be
the Federal Council defend the decisions they have taken removed. They can be re-elected any number of times.
jointly, even if these decisions are contrary to their own Normally a member of the Federal Council remains in
opinions or the position taken by their party. office until he or she retires or chooses not to stand again
for election.
Consociationalism
The Federal Constitution requires Switzerland’s regions Not elected by the People
and languages to be ‘appropriately represented’ in the The Swiss electorate has already voted three times on
Federal Council. The parties are expected to propose whether the Federal Council should be elected by the
both male and female candidates for election. Normally Swiss people: in 1900, 1942 and 2013. On each occa-
Parliament allocates seats on the Federal Council accord- sion, both the People and the cantons voted against. An
ing to the strength of the political parties: as a result, all election by the People has also been proposed several
the largest parties are represented in the government. times in Parliament, but each of these proposals was
rejected.

The Federal Council

Federal Chancellor

Government

Guy Parmelin Viola Amherd Karin Keller-Sutter Walter Thurnherr

Head of the Federal Depart­ Head of the Federal Depart­ Head of the Federal Depart­ Federal Chancellor since 2016
ment of Economic Affairs, ment of Defence, Civil Protec­ ment of Justice and Police
Education and Research tion and Sport
Member of the Federal
Member of the Federal Member of the Federal Council since 2019
Council since 2016 Council since 2019

Party affiliation SVP Party affiliation The Centre Party affiliation FDP Party affiliation The Centre
SVP The Centre FDP The Centre

The Federal Chancellor is

the Federal Council’s chief of
staff and heads the Federal
Chancellery (➝ p. 56). He is
also elected by Parliament.

51
 The Federal Council’s tasks

Preparing legislation Implementing the decisions of

The Federal Council submits new laws to Parliament and
Parliament
proposals on how to implement decisions taken in popu-
The Federal Council’s tasks

As soon as Parliament has decided on a new law, the

lar votes. Its proposals receive broad support: they take
Federal Council issues the required ordinances. They set
account of the views of the cantons, parties, associations
out the specifics on how the new law should be imple-
and concerned groups, which are expressed in a consul-
mented. If Parliament requests particular measures, the
tation process. After these consultations, the Federal
Federal Council ensures that these are taken.
Council submits its bill to Parliament for debate and a
decision.
Government

DETEC

DDPS

FDHA

EAER
FDJP

FDFA

FDF

Providing information Heading the Federal

The Federal Council provides the cantons, Parliament and
Administration
the general public with regular information on its deci-
The Federal Council is in charge of the Federal Adminis-
sions and intentions. It explains proposals that are being
tration, which has around 39,500 employees. The Admin-
voted in a red booklet, which is posted to voters with their
istration is organised into seven government depart-
ballot papers and published on the internet.
ments. Each member of the Federal Council is the head
of a department (➝ p. 54/55).
• www.admin.ch/TV media conferences
• www.admin.ch/news media releases
• www.admin.ch/abstimmungen

52
 President of the Swiss
Confederation 2022
Ignazio Cassis

President Cassis, you are taking office at a time when

the COVID-19 pandemic continues to spread. What does
this mean for 2022?
I understand that people are exhausted. The pandemic has
restricted our daily lives for months now. It challenges us as
individuals, it makes us vulnerable and uncertain, and it has
driven people in Switzerland apart. But it has not divided us
– we will not allow that to happen! I am confident that we
can manage the pandemic.

What is your confidence based on?

Firstly, it is based on the fact that humanity has always
prevailed in the eternal struggle against viruses and
pandemics. I am convinced it will do so again here. We will
need to be patient, but we will win this fight together.
I am also confident because Switzerland has strengths that
Planning for the future help us in this difficult situation. The diversity of our
country’s languages and cultures, the people who bring
The Federal Council sets the agenda for the future: it
these different elements together and are ready to listen to
issues a mission statement, sets goals and indicates how

The Federal Council’s tasks

each other and respect one another’s opinions. That is
it plans to invest federal funds. It has to find majority sup-
where our strength lies!
port for its plans, in Parliament and if need be among the
People and the cantons.
What are your priorities for your presidential year?
The first priority has already been set with the pandemic,
Federal Council mission
statement for the legisla- which requires the Federal Council, the cantons and the
ture period 2019 – 2023 Swiss people to take the right steps. The second priority is
the diversity I mentioned earlier. The third is innovation,
1. Switzerland shall secure its
which comes about when we embrace our diversity, pooling
prosperity sustainably and
exploit the opportunities offe­ our ideas and using them to create common solutions. This
red by digital transformation. too is one of Switzerland’s strengths.

2. Switzerland shall encour­

Government
age national cohesion and
contribute to consolidating
international cooperation.

3. Switzerland shall guarantee

security, engage in protecting
the climate and act as a Governing in times of crisis
reliable partner in the world. If Switzerland’s internal or external security is
endangered, the Federal Council has the power to
These three elements in the
Mission Statement them­ issue emergency ordinances (Federal Constitution
selves include 18 goals and Art. 185). In the event of there being an exceptional
53 measures. risk to public health, the Epidemics Act confers
wide-ranging powers on the Federal Council.

53
 Federal Administration

Staff office Departments

FCh FDFA FDHA FDJP

Federal Chancellery Federal Department Federal Department Federal Department
of Foreign Affairs of Home Affairs of Justice and Police

Walter Thurnherr Ignazio Cassis Alain Berset Karin Keller-Sutter

Federal Chancellor Head of Department Head of Department Head of Department

General Secretariat General Secretariat General Secretariat

State Secretariat Federal Office for Gender State Secretariat for Migration
Autonomous organisation
Equality
Directorate of International Federal Office of Justice
Office of the Federal Data
Law Federal Office of Culture
Protection and Information
Federal Office of Police fedpol
Commissioner
Consular Directorate Swiss Federal Archives
Federal Administration

Swiss Agency for Develop- Federal Office of Meteorology Autonomous organisations

ment and Cooperation and Climatology MeteoSwiss
Federal Institute of
Directorate for Resources Federal Office of Public Intellectual Property
Health
Federal Institute of Metrology
Federal Food Safety and
Veterinary Office Swiss Institute of Compara-
tive Law
Federal Statistical Office
Federal Audit Oversight
Federal Social Insurance Authority
Office
Federal Gaming Board
Government

Autonomous organisations Federal Commission on

Migration
Swiss Agency for Therapeutic
Products Swissmedic Federal Arbitration Commis-
sion for the Exploitation of
Swiss National Museum Copyrights and Related
Rights
Swiss Arts Council
Pro Helvetia National Commission for the
Prevention of Torture

39,504 (35,779 full-time equivalents) staff work

in the Federal Administration. 1,138 of those are
apprentices, 542 are graduate interns.

54
The Federal Administration supports the Federal Council in its tasks.
It consists of seven government departments and the Federal
Chancellery. While each department is headed by a federal council-
lor, the Federal Administration as a whole is supervised by the full
Federal Council.

DDPS FDF EAER DETEC

Federal Department of Federal Department Federal Department of Federal Department of the
Defence, Civil Protection and of Finance Economic Affairs, Education Environment, Transport,
Sport and Research Energy and Communications

Viola Amherd Ueli Maurer Guy Parmelin Simonetta Sommaruga

Head of Department Head of Department Head of Department Head of Department

General Secretariat General Secretariat General Secretariat General Secretariat

Office of the Armed Forces State Secretariat for Interna- State Secretariat for Federal Office of Transport
Attorney General tional Financial Matters Economic Affairs SECO
Federal Office of Civil Aviation
Federal Intelligence Service Federal Finance Administra- State Secretariat for Educa-
tion tion, Research and Innovation Swiss Federal Office
Defence sector of Energy
Federal Office of Personnel Federal Office for Agriculture

Federal Administration
Federal Office for Defence Federal Roads Office
Procurement armasuisse Federal Tax Administration Federal Office for National
Economic Supply Federal Office
Federal Office of Topography Federal Office for Customs of Communications
swisstopo and Border Security Federal Office for Housing
Federal Office for the
Federal Office for Civil Federal Office of Information Federal Office for Civilian Environment
Protection Technology, Systems and Service
Telecommunications Federal Office for Spatial
Federal Office of Sport Development
Federal Office for Buildings Autonomous organisations
and Logistics
Office of the Price Supervisor Autonomous organisations

Government
Autonomous organisations Competition Commission Swiss Federal Nuclear Safety
Inspectorate
Swiss Financial Market Board of the Federal Institutes
Supervisory Authority of Technology ETH Federal Inspectorate for
Heavy Current Installations
Swiss Federal Audit Office Swiss Federal Institute for
Vocational Education and Swiss Transportation Safety
Federal Pension Fund Training Investigation Board
PUBLICA
Swiss Innovation Agency Federal Electricity Commis-
Innosuisse sion ElCom

Federal Communications
Commission ComCom

Independent Complaints
Authority for Radio and
Television

Federal Postal Services

Commission PostCom

Rail Transport Commission

RailCom

55
 Federal Chancellery

The Federal Chancellery is the staff office of the Federal Council:

it ensures that the Federal Council is able to take sound decisions
and communicate them in a coordinated manner. As the custodian of
people’s rights, it organises federal elections and votes and verifies
the legality of initiatives and referendums.
Federal Chancellery
Government

56
 Walter Thurnherr
Federal Chancellor since 2016

Preparing Federal Council decisions Overseeing democratic rights

The Federal Council normally holds a meeting once a The Federal Chancellery ensures that all federal elections
week to deal with numerous items of business. Prior to and popular votes are conducted correctly. It provides the
the meeting, the federal departments and offices can give necessary information on the proper procedures to any-
their input on the items on the agenda. The Federal Coun- one interested in launching a popular initiative or referen-
cil coordinates this joint reporting procedure. dum (➝ p. 22ff.). It is also working with the cantons to
establish new trials for online voting in popular votes and
Communicating Federal Council decisions elections in Switzerland.
After every Federal Council meeting, the Federal Council
Spokesperson goes before the press to announce the Promoting multilingualism
Federal Council’s decisions. Federal Council decisions Switzerland’s official languages are German, French and
and reports are published in the Federal Gazette, while Italian, and all legal and official federal texts must be avail-
new or amended acts and ordinances are published in able in these languages. In certain cases they must also
the Official Compilation of Federal Legislation. be produced in Romansh. Texts of international relevance
are also produced in English. The Federal Chancellery is
Planning for the future responsible for the quality of the translations.
The Federal Chancellery monitors national and interna-
tional developments and, on the basis of these, establish- Publishing information through a range of

Federal Chancellery
es the need for political action. It is responsible for Feder- channels
al Council planning and controlling: for the four-year Before a federal vote is held, the Federal Chancellery
legislature planning, the annual objectives and reporting. sends explanatory material to all voters and updates the
information on the VoteInfo app. Before federal elections,
Supporting the president it sends out voting instructions. Up-to-date and detailed
During their year as Swiss president, federal councillors information is provided on two websites, in explanatory
assume additional tasks at home and abroad (➝ p. 50). videos and in this brochure ‘The Swiss Confederation –
The Federal Chancellery provides support and ensures a brief guide’.
continuity from one presidential year to the next.

Government
www.admin.ch
www.ch.ch
Coordinating the work of the Federal www.youtube.com – ‘The Swiss Federal Council’
Administration www.twitter.com/BR_Sprecher
The Federal Chancellor chairs the monthly meetings of
the Conference of Secretaries General, at which the sec-
retaries general coordinate the work of their departments. Vice Chancellor and Federal Council Spokesperson:
André Simonazzi
The newly created DTI Sector has been in operation since
January 2021. It coordinates and supports digital Vice Chancellor:
transfor­mation proj­ects throughout the Federal Adminis- Viktor Rossi
tration.

Expenses 2020 (CHF) Staff (FTEs) 2020 Autonomous

80 million 216 organisation
Office of the Federal Data
Protection and Information
Commissioner FDPIC:
Adrian Lobsiger
Photo left www.edoeb.admin.ch
The Federal Chancellor and both
vice chancellors always attend
Federal Council meetings. www.bk.admin.ch

57
 Federal Department
of Foreign Affairs FDFA

The FDFA safeguards Switzerland’s foreign policy interests. It

maintains relations with other states and international bodies such
as the EU and the UN. It provides services for Swiss citizens abroad.
The FDFA is also responsible for Switzerland’s development cooper-
ation and humanitarian aid. There are around 170 Swiss representa-
tions around the world.
FDFA
Government

58
 “Switzerland’s trust-
worthiness is the basis
of its international
reputation.”
Ignazio Cassis, head of the FDFA.
Member of the Federal Council since 2017.
President of the Swiss Confederation in 2022.

COVID-19 has shown us that we must work together to

General Secretariat GS-FDFA
tackle global challenges such as pandemics, the climate
Secretary General: Markus Seiler
crisis and the fight against poverty. Switzerland is an
www.fdfa.admin.ch
active member of multilateral bodies such as the UN, and
helps to ensure that effective solutions can be found
despite geopolitical tensions. In 2022 it will be seeking a State Secretariat StS
State Secretary: Livia Leu
seat on the UN Security Council in order to reinforce its
commitment to peace and security. Directorate of International
Law DIL
The European Union (EU) is Switzerland’s most important Director:
Corinne Cicéron Bühler
partner, both politically and economically. The Federal
Council is committed to stable relations with the EU and Consular Directorate CD
to pursuing a bilateral approach that is in the interests of Director: Johannes Matyassy
both parties. Switzerland is at the heart of Europe and
Swiss Agency for Develop-
contributes to peace and stability on the continent, for ment and Cooperation SDC
example through projects in Central and Eastern Europe, Director: Patricia Danzi

FDFA
through the Ukraine Reform Conference in Lugano in July www.fdfa.admin.ch/sdc
2022, and as a member of the Organization for Security
Directorate for
and Co-operation in Europe (OSCE). Resources DR
Director: Tania Cavassini

Government
The relationship between science and foreign policy is
becoming increasingly important, and Switzerland is
working to boost its profile in science diplomacy. In 2021
it appointed its first special representative for science
diplomacy in Geneva, which should help it to recognise
the challenges and opportunities of new technologies at
an early stage. Promoting scientific cooperation can also
help build bridges and strengthen trust between states.

Expenses 2020 (CHF) Staff (FTEs) 2020

3.11 bn 5,447

Photo left
The FDFA offers guidance
for safe travel with its travel
advice and the Travel Admin
app. www.fdfa.admin.ch

59
 Federal Department of Home
Affairs FDHA
The FDHA works to ensure the country has an efficient and effective
health system that is accessible to all. It is also committed to
protecting the pension system – state and occupational pensions –
into the future. Its areas of activity include promoting cultural
diversity and cohesion in society, gender equality and the integration
of people with disabilities.
FDHA
Government

60
 “The FDHA strives
for greater solidarity
and social cohesion
in society.”
Alain Berset, head of the FDHA.
Member of the Federal Council since 2012.

The coronavirus pandemic has highlighted how important

General Secretariat GS-FDHA
it is to have an effective health system that is accessible
Secretary General: Lukas Gresch-Brunner
to all. It has also shown that Switzerland has a sound
www.fdha.admin.ch
social insurance system that can support people in all
phases of life.
Federal Office for Gender Autonomous
Equality FOGE
Despite the many cultural differences in the country, there
Director: Sylvie Durrer
organisations
is great cohesion in Swiss society during the coronavirus www.ebg.admin.ch
Swiss Agency for
crisis. There is solidarity between the healthy and the
Therapeutic Products
sick, between the generations and among the language Federal Office of Culture
Swissmedic
FOC
regions. The FDHA strives constantly to defend such Director: Carine Bachmann
Director: Raimund T. Bruhin
values; it opposes racism and promotes gender equality www.swissmedic.ch
www.bak.admin.ch
and the integration of people with disabilities. Swiss National Museum
Swiss Federal Archives
SNM
SFA
The matters for which the FDHA is responsible affect the Director: Philippe Künzler
Director: Denise Tonella
www.nationalmuseum.ch
everyday lives of people in Switzerland. The main chal- www.bar.admin.ch

FDHA
lenges facing the staff of the FDHA are the reform of the Swiss Arts Council
Federal Office of Meteorol-
social insurance and occupational pension systems, the Pro Helvetia
ogy and Climatology
containment of rising health costs, food safety and animal Director: Philippe Bischof
MeteoSwiss
www.prohelvetia.ch
welfare, providing meteorological information and reliable Director: Peter Binder

Government
statistics for the population, and support for the arts and www.meteoschweiz.
admin.ch
culture.
Federal Office of Public
Health FOPH
Director: Anne Lévy
www.bag.admin.ch

Federal Food Safety and

Veterinary Office FSVO
Director: Hans Wyss
www.blv.admin.ch

Federal Statistical Office

FSO
Director:
Georges-Simon Ulrich
Expenses 2020 (CHF) Staff (FTEs) 2020 www.bfs.admin.ch
18.78 bn 2,547
Federal Social Insurance
Office FSIO
Director: Stéphane Rossini
Photo left www.bsv.admin.ch
The Federal Office of Culture
supports the Swiss film indus-
try, which has to hold its own
against strong international
competition. www.fdha.admin.ch

61
 Federal Department of Justice
and Police FDJP
The FDJP is responsible for national and international police coopera-
tion and so ensures internal security in Switzerland. It develops
legislation in civil, criminal, constitutional and administrative law to
reflect the needs of modern society. In addition, the FDJP regulates
the conditions under which foreign nationals may enter, live and work
in Switzerland, or obtain asylum here.
FDJP
Government

62
 “To find breakthrough
solutions, we must
involve others and value
their contribution.”
Karin Keller-Sutter, head of the FDJP.
Member of the Federal Council since 2019.

The FDJP ensures that businesses and people in Switzer-

General Secretariat GS-FDJP
land have a sound legal framework. The FDJP therefore
Secretary General: Barbara Hübscher Schmuki
wants to make it easier to transfer the management of a
www.fdjp.admin.ch
company from one family generation to the next by revis-
ing the law on inheritance. The reform should help to
provide SMEs with greater stability and secure jobs. An- State Secretariat for Autonomous
Migration SEM
other example is the introduction of electronic legal trans- organisations
State Secretary:
actions. A highly secure platform is to be set up so that Christine Schraner Burgener
Federal Institute of
everyone involved in judicial proceedings can exchange www.sem.admin.ch
Intellectual Property IIP
data with the courts, public prosecutors’ offices and Director:
Federal Office of Justice
correctional authorities. The FDJP is responsible here for Catherine Chammartin
FOJ
preparing the legal basis at federal level. www.ige.ch
Director: Michael Schöll
www.bj.admin.ch
Federal Institute of
The FDJP also ensures that Switzerland’s security author- Metrology METAS
Federal Office of Police
ities have the necessary legal instruments to guarantee fedpol
Director: Philippe Richard
www.metas.ch
the safety of its citizens. For example, the FDJP is cur- Director:

FDJP
rently working on a legal basis that will in future allow law Nicoletta della Valle
Swiss Institute of Compar-
enforcement authorities to extract more information from www.fedpol.admin.ch
ative Law SICL
a DNA trace. Director: Christina Schmid
Post and Telecommunica-
www.isdc.ch
tions Surveillance Service

Government
The State Secretariat for Migration (SEM), which is part of PTSS
Federal Audit Oversight
Director: René Koch
the FDJP, shapes Swiss migration policy and regulates Authority FAOA
www.li.admin.ch
the application of citizenship and residence rights. It en- Director: Reto Sanwald
www.rab-asr.ch
sures that asylum procedures are carried out swiftly and
fairly, that asylum seekers are housed in a humane man- Federal Gaming Board FGB
ner in federal asylum centres, and that those not entitled Responsible: Thomas Fritschi
to stay in Switzerland are removed. www.esbk.admin.ch

Federal Commission on
Migration FCM
President: Walter Leimgruber
www.ekm.admin.ch

Federal Arbitration
Commission for the
Expenses 2020 (CHF) Staff (FTEs) 2020 Exploitation of Copyrights
and Related Rights
2.71 bn 2,697
President:
Helen Kneubühler Dienst
Photo left www.eschk.admin.ch
Passing the baton: The FDJP is
proceeding with a revision of National Commission for
inheritance law, which makes it the Prevention of Torture
easier to pass on the manage- NCPT
ment of SMEs from one gener- President: Regula Mader
ation to the next. www.fdjp.admin.ch www.nkvf.admin.ch

63
 Federal Department of Defence,
Civil Protection and Sport DDPS

The DDPS has the task of developing Switzerland’s security policy.

The Armed Forces, the Federal Office for Civil Protection, the Federal
Intelligence Service and armasuisse are the instruments through
which that policy is implemented. The role of the DDPS also involves
promoting sport through the Federal Office for Sport and producing
geoinformation through swisstopo.
DDPS
Government

64
 “Security concerns
us all.”
Viola Amherd, head of the DDPS.
Member of the Federal Council since 2019.

The concept of security covers areas ranging from nation-

General Secretariat GS-DDPS
al defence, supporting the authorities in the event of a
Secretary General: Toni Eder
disaster, and the early detection and assessment of
www.gs-vbs.admin.ch
threats and risks. Combating cyber threats and providing
reliable geodata also fall within that remit. Current devel-
opments, threats and risks are comprehensively exam- Federal Office for Civil
Protection FOCP
ined in the Security Policy Report, which also defines the
Director: Michaela Schärer
framework and priorities for the coming years. Last but www.babs.admin.ch
not least, security also involves the acquisition of new
technologies and the procurement of 36 F-35A fighter Federal Office for Defence
Procurement armasuisse
aircraft and 5 Patriot fire units. Chief of Defence Procure-
ment: Martin Sonderegger
In order for our country’s armed forces and civil protection www.armasuisse.ch
organisations to be able to fulfil their mission, they must
Federal Office of Topogra-
have sufficient personnel. The Federal Council’s report on phy swisstopo
the provisioning of the armed forces and civil protection Director: Fridolin Wicki

DDPS
lists measures for the long-term increase and improve- www.swisstopo.ch
ment in resources. Consideration is also currently being
Federal Office of Sport
given to how the proportion of women in the armed forces FOSPO
can be increased. Director: Matthias Remund

Government
www.baspo.ch

Another of the Department’s priorities is its commitment

Defence sector
to the environment, as this is also a factor in ensuring the Chief of the Armed Forces:
security of the Swiss population. The DDPS is committed Lieutenant General
to increasing its efforts to protect the climate and natural Thomas Süssli
www.armee.ch
resources. It aims to be carbon neutral and cover its ener-
gy needs mainly through renewable sources and by pro- Federal Intelligence
ducing the required energy itself as far as possible. Service FIS
Director: Christian Dussey
www.ndb.admin.ch

Office of the Armed Forces

Attorney General
Armed Forces Attorney
General: Stefan Flachsmann
Expenses 2020 (CHF) Staff (FTEs) 2020 www.oa.admin.ch
8.02 bn 12,215

Photo left
Mixed teams also achieve
better results in the armed
forces: male personnel benefit
from the experience and
strengths of their female
colleagues. www.vbs.admin.ch

65
 Federal Department of Finance
FDF
Federal finances, bridging credits, taxes – at the FDF, there is a lot
of emphasis on the state budget and on financial policy. The depart-
ment collects taxes and customs duties, and checks the cross-­
border movement of people and goods. It also provides services for
the entire Federal Administration, from IT to human resources to
buildings and logistics.
FDF
Government

66
 “Thanks to low debt,
we were in a good
position to provide
extensive support
during the pandemic.”
Ueli Maurer, head of the FDF.
Member of the Federal Council since 2009.

At the end of 2021, the Confederation had debt of around

General Secretariat GS-FDF
CHF 110 billion. That is a vast amount. However, thanks
Secretary General: Rolf Götschmann
to the debt brake, Switzerland’s debt is still very low by
www.efd.admin.ch
international standards. This has stood our country in
good stead during the coronavirus pandemic: the federal
government was able to quickly release a large amount of State Secretariat for Autonomous
International Finance SIF
money to help in the crisis. organisations
State Secretary:
Daniela Stoffel
Swiss Financial Market
Running up debt is also tempting for the federal govern- www.sif.admin.ch
Supervisory Authority
ment when interest rates are low or even negative. How- FINMA
Federal Finance
ever, in normal times, the debt brake does not allow ex- Administration FFA
Director: Urban Angehrn
penditure to be financed by debt rather than by revenue. www.finma.ch
Director:
Extraordinary debt must be reduced within a reasonable Sabine D’Amelio-Favez
Swiss Federal Audit Office
period of time so that we are prepared for the next crisis. www.efv.admin.ch
SFAO
Director: Michel Huissoud
Federal Office of Personnel
www.efk.admin.ch
The federal government and the financial sector have FOPER
developed a new platform in the shape of ‘finance.swiss’. Director: Rahel von Kaenel

FDF
Federal Pension Fund
www.epa.admin.ch
The platform provides dependable information for a for- PUBLICA
eign audience on the Swiss financial centre, enabling Director: Doris Bianchi
Federal Tax Administration
www.publica.ch
Switzerland to stand out as an attractive and globally FTA

Government
competitive business location. Director: Adrian Hug
www.estv.admin.ch

A move that was triggered by the digital transformation Federal Office for Customs
process has gathered pace due to the coronavirus pan- and Border Security
demic: the Federal Administration is expanding flexible FOCBS
Director: Christian Bock
forms of work through its ‘World of work in motion’ initia- www.bazg.admin.ch
tive. With more flexibility in their working hours and where
they work, staff can perform their tasks more efficiently. It Federal Office of Informa-
also allows for a better work-life balance and increases tion Technology, Systems
and Telecommunications
the administration’s appeal as an employer. FOITT
Director: Dirk Lindemann
www.bit.admin.ch

Federal Office for Build-

Expenses 2020 (CHF) Staff (FTEs) 2020 ings and Logistics FOBL
17.14 bn 8,819 Director: Pierre Broye
www.bbl.admin.ch

Photo left
The Federal Treasury, part
of the Federal Finance
Administration, manages the
Confederation’s debt of
around CHF 100 billion. www.efd.admin.ch

67
 Federal Department of Economic
Affairs, Education and Research
EAER
The EAER defines framework conditions for the economy and the
labour market. It sets the rules that apply in the private sector and in
agriculture, and represents the interests of the Swiss economy
abroad. It is responsible for organising vocational and professional
education and training and promotes research. The EAER also has
the task of making sure that the country is supplied with essential
goods.
EAER
Government

68
 “Education plays a key
role in harnessing the
opportunities of
digital transformation.”
Guy Parmelin, head of the EAER
Member of the Federal Council since 2016.

Compared to some other countries, Switzerland has

General Secretariat GS-EAER
come through the corona pandemic pretty well in eco-
Secretary General: Nathalie Goumaz
nomic terms. The government’s support measures such
www.wbf.admin.ch
as the COVID-19 loans, short-time work compensation,
the corona loss of earnings compensation scheme and
hardship assistance have all helped. The Federal Coun- State Secretariat for Autonomous
Economic Affairs SECO
cil’s transition strategy is now aimed at getting back to
State Secretary:
organisations
normal levels of economic development: in addition to a Marie-Gabrielle
Office of the Price
recovery programme for the tourism industry, the EAER is Ineichen-Fleisch
Supervisor
applying tried and tested economic policy instruments – www.seco.admin.ch
Price Supervisor:
such as location promotion and regional policy. State Secretariat for
Stefan Meierhans
www.preisueberwacher.
Education, Research and
admin.ch
Even in normal times, one of the EAER’s core tasks is to Innovation SERI
State Secretary:
ensure good framework conditions so that companies Competition Commission
Martina Hirayama
can thrive and create attractive jobs. Digital transforma- COMCO
www.seri.admin.ch
Director: Patrik Ducrey
tion is both an opportunity and a challenge. The Federal
www.weko.admin.ch

EAER
Council wants to take advantage of the opportunities it Federal Office for
Agriculture FOAG
offers. Among other things, the EAER is pushing ahead Board of the Federal
Director: Christian Hofer
with the expansion of electronic administrative proce- Institutes of Technology
www.foag.admin.ch
ETH
dures (eGovernment). Education plays a key role here,
President of the ETH Board:

Government
which is why the EAER is promoting young talent at vari- Federal Office for National
Michael O. Hengartner
Economic Supply FONES
ous levels in the STEM subjects (science, technology, www.ethrat.ch
Delegate: Werner Meier
engineering and maths), which are so important for inno- www.fones.admin.ch
Swiss Federal University
vation. As of the 2022 school year, IT will be a compulsory
for Vocational Education
subject at all baccalaureate schools. Federal Office for Housing
and Training SFUVET
FOH
Director: Barbara Fontanellaz
Director: Martin Tschirren
Digital and other innovative technologies also offer many www.sfivet.swiss
www.bwo.admin.ch
opportunities in the agriculture and food sector. Not least, Swiss Innovation Agency
they enable the efficient use of resources. The EAER is Federal Office for Civilian
Innosuisse
Service CIVI
committed to ensuring that agriculture makes a signifi- Director: Christoph Hartmann
Director: Annalise Eggimann
www.innosuisse.ch
cant contribution to food security in Switzerland through www.zivi.admin.ch
sustainable production.

Expenses 2020 (CHF) Staff (FTEs) 2020

12.22 bn 2,152

Photo left
The food and beverage
sector has suffered greatly
during the pandemic. SECO
implemented a wide range
of economic assistance
measures. www.wbf.admin.ch

69
 Federal Department of the
Environment, Transport, Energy
and Communications DETEC
Roads, rail, power and the media: DETEC assures Switzerland’s basic
public services. But it also takes care of our natural environment:
woodlands, landscape, water, air, plants and animals. DETEC pursues
a climate policy that is also beneficial for the economy.
DETEC
Government

70
 “We have to make
rapid progress on
climate protection and
ensure that we have
enough power.”
Simonetta Sommaruga, head of DETEC.
Member of the Federal Council since 2010.

The past summer of floods, drought and forest fires

General Secretariat GS-DETEC
showed the extent to which climate change affects our
Secretary General: Matthias Ramsauer
everyday lives and how important it is to strengthen cli-
www.uvek.admin.ch
mate protection. DETEC is committed to helping us move
away from oil and gas, which are harmful to the environ-
ment. However, shifting from petrol to electric cars or Federal Office of Transport Autonomous
FOT
from oil heating to heat pumps requires more electricity. organisations
Director: Peter Füglistaler
Climate policy is therefore closely linked to energy policy. www.bav.admin.ch
Swiss Federal Nuclear
Safety Inspectorate ENSI
The next steps must come quickly. DETEC has therefore Federal Office of Civil
Director: Marc Kenzelmann
Aviation FOCA
drawn up a revision to expand our domestic renewable www.ensi.ch
Director: Christian Hegner
energies and strengthen our security of supply. Because www.bazl.admin.ch
Federal Inspectorate for
over the last ten years, far too little has been invested in Heavy Current Installations
electricity production in Switzerland. We have relied main- Swiss Federal Office
ESTI
of Energy SFOE
ly on imports. However, our neighbouring countries need Director: Daniel Otti
Director: Benoît Revaz
www.esti.admin.ch
more electricity themselves, which is why we have to www.bfe.admin.ch
expand production here, especially for the winter. Swiss Transportation
Federal Roads Office
Safety Investigation Board

DETEC
FEDRO
When it comes to climate protection, we need a mix of STSB
Director: Jürg Röthlisberger
President: Pieter Zeilstra
measures so that people can organise their everyday lives www.astra.admin.ch
www.sust.admin.ch
in a climate-friendly way. We need good infrastructure to
Federal Office of
charge electric vehicles, for example. And we are also Federal Electricity
Communications OFCOM
Commission ElCom

Government
committed to effective climate protection on the interna- Director: Bernard Maissen
President: Werner Luginbühl
tional stage. So that other countries can also make pro- www.bakom.admin.ch
www.elcom.admin.ch
gress. Because the longer we wait, the more difficult it will
Federal Office for the
be for all of us to achieve the climate goals. Federal Communications
Environment FOEN
Commission ComCom
Director:
President:
Katrin Schneeberger
Adrienne Corboud Fumagalli
www.bafu.admin.ch
www.comcom.admin.ch

Federal Office for Spatial

Independent Complaints
Development ARE
Authority for Radio and
Director: Maria Lezzi
Television ICA
www.are.admin.ch
President:
Mascha Santschi Kallay
www.ubi.admin.ch

Expenses 2020 (CHF) Staff (FTEs) 2020 Federal Postal Services

12.76 bn 2,378 Commission PostCom
President:
Anne Seydoux-Christe
Photo left www.postcom.admin.ch
By 2050, Switzerland will
be able to produce one and Rail Transport Commission
a half times more solar power RailCom
than that generated by the President:
four nuclear power stations Patrizia Danioth Halter
it still has in operation. www.uvek.admin.ch www.railcom.admin.ch

71
The Judiciary The Courts
If the members of a Supreme Court Division are Members of the Criminal Law Division who are
not in agreement about a case by way of circu­ deliberating.
lar, a public hearing is held. In this case, it is the
 The Judiciary
The Courts
There are four federal courts. The highest court is the Federal
Supreme Court, which rules in the final instance on cases from
almost all areas of law. The three federal courts of first instance have
different tasks. The Federal Criminal Court is responsible for criminal
matters of particular importance to the Swiss Confederation as well
as for appeals concerning mutual assistance in criminal matters. The
Federal Administrative Court rules on appeals against decisions of
the federal administrative authorities and the Federal Patent Court
on disputes over invention patents.
www.eidgenoessischegerichte.ch
The Judiciary

Multilevel procedure
Cantonal courts or the federal courts of first instance rule in
the first and second instance. If the parties concerned do
not agree with a decision, they can take their case to the
Courts

Federal Supreme Court. The Federal Supreme Court Act

regulates the conditions under which an appeal is possible.

Election of judges
The judges of the federal courts are elected by the United
Federal Assembly for a term of office of 6 years. Re-elec-
tion is possible without restriction. At the latest, judges
leave office at the end of their 68th year of age.

The United Federal Assembly also elects the presidents

and vicepresidents of the courts. The presidential term of
Presentation film office is 2 years (with the exception of the Federal Patent
The Federal Supreme Court Court: 6 years). A one-time re-election is possible.

74
Procedures in the Swiss legal system

Second cantonal instance

First cantonal instance
Civil law disputes (Code of (Court of appeal, cantonal
(District Court)
Obligations, Civil Code) Court)
Civil law

Federal Patent Court

Patent disputes

Federal Supreme Court

Second cantonal instance
First cantonal instance
(Court of appeal, cantonal
Criminal cases (District Court)
Court)
Criminal law

Federal Criminal Court

Federal criminal cases Second federal instance

(certain offences) First federal instance
(Higher Appeals Chamber,
(Criminal Chamber)
Lower Appeals Chamber)

Internal administrative can-

can­
Administrative law

Rulings from commune/ tonal appeal body (Appeals Cantonal Administrative Court
canton commission, Government)

Rulings of the Federal Federal Administrative Court

Administration

The Judiciary
The federal courts are located In 2020 approximately 15,000
at four sites cases were concluded

7863
St. Gallen: Federal Supreme Court
Lucerne: Federal Administrative Court
Federal Supreme and Federal Patent Court
Courts

Court (social law

divisions)

Federal Administrative Court

Lausanne:
6499
Federal Criminal Court

993
Federal Supreme
Federal Patent Court
Court (main seat) Bellinzona:
Federal Criminal Court 17

75
 The Federal Supreme Court
The Federal Supreme Court is the highest instance for legal disputes
between citizens, between citizens and the state, between cantons
and between the federal government and the cantons. These
disputes may concern matters of civil, criminal, administrative and
social law.
www.bger.ch www.eidgenoessischegerichte.ch

Functions Organisation
In general, it definitively examines decisions of The Federal Supreme Court is divided according to legal
lower courts areas. It comprises
As the highest judicial authority, the Federal Supreme
Court rules on appeals against decisions of the highest • two public law divisions (e.g. taxes, political rights)
cantonal courts, the Federal Criminal Court, the Federal • two civil law divisions (e.g. contract law, family law)
Administrative Court and the Federal Patent Court. It • a criminal law division
examines whether they have applied the law correctly. In • two social law divisions (e.g. accident and disability
the case of human rights issues, an appeal can be lodged insurance).
at the European Court of Human Rights.
38 ordinary and 19 substitute judges work at the Federal
It ensures uniform application of the law Supreme Court. They are assisted by 350 other employ-
Through its decisions, the Federal Supreme Court en- ees (including around 150 court clerks).
sures uniform application of federal law. It protects the
constitutional rights of citizens. The other courts and the The Federal Supreme Court is represented externally by
administrative authorities align themselves with its deci- its president. The whole court (all 38 federal judges) de-
sions. cides on the most important questions. The seat of the
Federal Supreme Court is in Lausanne. For historical
It contributes to the development of law reasons, the two social law divisions are located in Lu-
Federal Supreme Court

If the Federal Supreme Court has to rule on a legal ques- cerne.

tion that is not or not clearly regulated by the law, it con-
tributes to the development of the law through its case President: Martha Niquille
law. This can lead to Parliament reformulating a law.

Scheduled dates for public hearings

www.bger.ch > Rechtsprechung > Sitzungen (in German)

Outcome and number of cases in 2020

Courts

3361 3125 1121 255

Rejected Declared inadmissible Upheld (fully or partially) Dismissed

76
 “Legal peace is the
basis for a harmoni-
ous coexistence.”
Martha Niquille
President of the Federal Supreme Court 2021/2022

Particularities Three questions to the president

Usually in writing
of the Federal Supreme Court
The proceedings before the Federal Supreme Court are
Is the Federal Supreme Court also subject to review?
generally in writing. The competent judge studies the
The Federal Supreme Court is the highest judicial authority
case and submits a written draft decision to the other
in Switzerland. In this respect, there is no judicial review of
judges involved in the case. If all the judges agree, the
our decisions. At most, an appeal can be submitted to the
decision is issued. If they do not all agree, a public hear-
European Court of Human Rights. Our important decisions
ing is scheduled.
are discussed and criticised in academic publications. We
address this criticism, which is, as it were, a form of an
Transparent
internal supervision for us. As far as the administration of
During a public hearing, the judges discuss the case,
the court is concerned, we are subject to the supervision of
often in the presence of the parties to the dispute, media
the Parliament.
representatives or visitors. At the end, the judges vote by
show of hands. All judgments of the Federal Supreme
The decisions of the Federal Supreme Court are
Court are published on the Internet. Video recordings of
discussed in the press…
public hearings are published when they are of particular
Yes – and that is important. We are aware that it can be
interest to the public.
difficult for many citizens to understand legal terminology.
Therefore, to better communicate our decisions, we now
No independent examination of the facts
publish press releases more frequently.

Federal Supreme Court

of the case
The Federal Supreme Court examines legal issues. In
Specialisation is a trend – also at the Federal
principle, it bases its findings on the facts as they were
Supreme Court?
established by the lower courts.
A rough kind of ‘specialisation’ results from the fact that the
seven court divisions are each responsible for specific areas
Multilingual – three or five judges
of law. If these are very diverse, we take the specialised
The judges of the Federal Supreme Court come from all
knowledge of a court member into account when assigning
linguistic regions of Switzerland. During public hearings,
cases for the decisions to be drafted.
they speak in their mother tongues. The decisions are
written either in German, French or Italian and are not
The president of the Federal
translated. As a rule, three judges decide on a case and Supreme Court is elected by
five when the case raises legal questions of fundamental Parliament for a term of two
Courts

importance or if one of the judges so requests. years. She represents the

Federal Supreme Court vis-à-
vis the outside world.

Publication of Film sequences

decisions of public hearings
www.bger.ch www.bger.ch

77
 The Federal Criminal Court
The Federal Criminal Court is the court of first instance and of
appeal for criminal cases of particular interest to the Swiss Confed­
eration. It also decides on appeals against the Office of the Attorney
General or other prosecution and legal assistance authorities, as
well as on conflicts of jurisdiction between cantons or the Confeder­
ation and the cantons.
www.bstger.ch

Functions Particularities
Most criminal offences are judged by cantonal courts. The Large procedures
Federal Criminal Court rules on criminal cases of particu- Proceedings before the Federal Criminal Court may in-
lar interest to the Confederation, including criminal of- volve several individuals and be multilingual, making
fences committed by or against federal employees, of- translations necessary. At times special security meas-
fences involving explosives, counterfeiting, cross-border ures have to be taken for the hearings. The written judg-
economic crime, organised crime, corruption and money ment in major proceedings involving several parties is
laundering as well as aviation offences. often well over 100 pages long.

The Federal Criminal Court reviews orders issued by International context

federal prosecution authorities and authorities providing Criminal cases often have an international dimension,
international mutual assistance in criminal matters. It also especially those concerning economic crime and terror-
rules on conflicts of jurisdiction between prosecution ism. The Lower Appeals Chamber can be required to
authorities. decide whether Switzerland should extradite a person to
another state, or if evidence (mostly bank records) should
be handed over to another state.
Federal Criminal Court

Organisation
The Federal Criminal Court consists of a Criminal Chamber
Criminal Chamber: cases by subject matter in 2020
and a Lower and Higher Appeals Chamber. Criminal Cham-
ber judgments can be subject to appeal before the Higher
8
Appeals Chamber. The latter was only established in 2019.
Most of the Lower and Higher Appeals Chamber judgments
Criminal organisation
can be referred to the Federal Supreme Court. 6
Subsequent decisions (e.g. con­
con-
The Court has 18 tenured and 13 part-time judges. Some version of a monetary penalty into
Courts

60 employees support them. The Federal Criminal Court’s

imprisonment)
management bodies are the Administrative Commission
4
and the Plenary Assembly (consisting of all tenured judges).
Money laundering
4
President: Alberto Fabbri
Administrative criminal cases
3
Economic crime
2
Bribery

33
other offences (e.g. counterfeiting of currency, explosives
offences, aviation offences)

78
The Federal Administrative Court
The Federal Administrative Court handles appeals against rulings
made by federal administrative authorities. In certain areas, it also
reviews decisions made by cantonal authorities. The court compris­
es six divisions and the General Secretariat.
www.bvger.ch @BVGer_Schweiz

Functions 6499 cases concluded in 2020

The Federal Administrative Court decides on appeals 4813 1686 317

concerning the legality of rulings made by the federal
Not appealable Appealable to the Of which appealed
administrative authorities. It therefore deals with a broad to the Federal Federal Supreme to the Federal
spectrum of legal issues ranging from A for asylum to Z Supreme Court Court Supreme Court
for zoning law. The court also examines appeals against
certain decisions made by cantonal governments, such
as those concerning hospital lists. Lastly, it rules in the
first instance on legal actions instituted in specific areas,
e.g. in cases involving public law contracts.

Organisation

Federal Administrative Court

The Federal Administrative Court, which is based in St.
Gallen, comprises six divisions and the General Secretari-
at. Division I focuses on infrastructure, taxes, federal
employment and data protection; Division II on economic
affairs, competition and education; Division III on social
insurance and public health; Divisions IV and V on asylum
law; and Division VI on the law on foreign nationals and
citizenship.

The judges are elected by the United Federal Assembly.

Particularities
They perform their duties independently and are bound
Own inquiries
only by the law.
Courts

In hearing legal disputes, the Federal Administrative Court

does not rely solely on the facts established in the lower
With 73 judges and 353 employees, it is Switzerland’s
instance and on the parties’ submissions, it establishes
largest federal court.
the material facts. For this purpose, it calls on experts to
deliver opinions and in certain cases makes preparatory
President: Vito Valenti
inquiries or visual inspections.

Largely final
Each year, the court issues an average of 7,000 decisions
– mostly in writing – in German, French and Italian. Most
of its judgments are final.

79
 The Federal Patent Court
The Federal Patent Court decides on disputes relating to patents.
The smallest of the federal courts, it regularly deals with internation­
al parties. If the parties agree, pleadings and briefs can be in English.
www.bundespatentgericht.ch/en

Functions Cases by technical field received in 2020

Developing a technical idea usually costs a lot of money.

With a patent, the ‘intellectual property’ of an invention is
legally protected. In the event of a dispute, the Federal
Chemistry, metallurgy
Patent Court decides whether a new technical develop-
ment meets the requirements for patent protection; it also
assesses whether existing patent rights are being in-
fringed. It must also decide who is the legal holder of a
patent or how a patent may be used in the context of
Human necessities (incl. Physics
licensing. pharmaceuticals)

Until 2012, the cantonal courts had jurisdiction in matters

relating to patent disputes. Since then, these cases have
been a matter for the Federal Patent Court. Its judgments
Performing operations;
may be appealed to the Federal Supreme Court. Electronics transporting
Federal Patent Court

Organisation Construction, earth Textiles, paper

drilling, mining

The Federal Patent Court is the smallest federal court. It is

not split into different divisions. 41 non-permanent judges
work for the court but they do not have their own offices
in the court. The president of the Federal Patent Court,
another judge, two court clerks and two office staff mem- Particularities
bers work for the Federal Patent Court on a permanent
basis. English is also permitted as a language
Courts

International parties frequently appear before the Federal

The seat of the Federal Patent Court is in St. Gallen. It Patent Court; English is also often used in the field of
does not have its own courtroom. If court hearings take technology. The parties to the dispute may therefore also
place, they are held in the building of the nearby Federal conduct proceedings in English if everyone agrees.
Administrative Court. The Federal Patent Court can also
hear cases in the cantons, e.g. in Neuchâtel, if the parties Judges with technical expertise
come from French-speaking Switzerland. The Federal Patent Court regularly deals with complex
technical issues in its proceedings. Judges with appropri-
President: Mark Schweizer ate technical expertise are therefore involved, enabling
fast and cost-effective proceedings, as time-consuming
and costly opinions from external experts can usually be
avoided.

80
Judgments delivered by the
federal courts
Climate activists convicted Revocation of Swiss
Twelve climate activists were citizenship
rightly convicted of trespass- The Federal Administrative
ing for their 2018 occupation Court was called upon to
of a bank branch in Lausanne. consider, for the first time, the
They could not claim to have revocation of Swiss citizen-
acted in a state of necessity ship. A Turkish-Swiss dual
because the requirement of national had organised vari-
an ‘imminent danger’ was not ous actions on behalf of an
met. In its decision, the Fed- Islamist terror group. In so
eral Supreme Court did not doing, he significantly harmed
have to assess the scientific Switzerland’s internal and
findings on global warming. external security. The Court
BGE 147 IV 297 therefore confirmed the
decision of the State Secre-
Restrictions on rallies tariat for Migration to revoke
According to the Federal the Swiss citizenship of the
Supreme Court, the tempo- person concerned.
rary restriction of the number Judgment F-5427/2019
of participants in rallies to 15
in the canton of Bern due to Public Clouds
the coronavirus constituted a In a public invitation to tender,
disproportionate encroach- the Federal Office for Build-
ment on the freedom of as- ings and Logistics awarded
sembly. A rally loses its signif- the contracts for the supply of
icance with only 15 Public Cloud services to five
participants. In contrast, the selected tenderers. Google
temporary restriction of the was not awarded any contract
number of participants to 300 and filed an appeal with the
was permissible in the canton Federal Administrative Court.
of Uri. In its appeal, Google asked
Judgments 2C_308/2021, inter alia that the signing of
2C_290/2021 any contracts be disallowed

Judgments delivered by the federal courts

pending the final decision of
Imprescriptible offence the Court. The Court rejected
The Office of the Attorney this appeal in an interim
General of Switzerland is decision.
called to investigate the Case B-3238/2021
murder of an Iranian opposi-
tion activist in 1990 in Coppet No patent infringement in
(VD) – purportedly executed Blockchain
by the Iranian secret service The action filed by the licen-
– under the aspects of ‘geno- see of an invention for the
cide’ and ‘felonies against speediest data supply in
humanity’. According to the decentralised networked
Swiss Federal Criminal computers failed before the
Court’s Lower Appeals Cham- Federal Patent Court. The
ber the provision adopted in licensee had argued that
2011 determining the exclu- transactions initiated by the
sion from limitation for these defendant through its app
offences in this case is appli- ‘Friendz’ on what is known as
cable retroactively. the Ethereum blockchain
Decree BB.2021.141 infringed the patent. The
Court concluded that the
patent requires the shifting of
data, which the Ethereum
Courts

technology does not do.

Judgment 02019_004

81
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Information services and language services of the Federal
Chancellery, the departments, the Parliamentary Services
and the federal courts

Design
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Fabienne Grossen, Bern (cover)

Photos
Carolina Piasecki (p. 16, 28, 58, 60, 62, 64, 66, 68, 70, 72)
Béatrice Devènes (p. 35, 36, 45)
Rolf Weiss (p. 3, 57)
Stefano Spinelli (p. 46, 50, 51)
Andreas Busslinger (p. 6)
FDFA (53), Federal Chancellery (p. 56), DDPS (p. 65), FDF (p. 67),
Federal Supreme Court (p. 77)
Keystone-SDA: Gaëtan Bally (p. 59, 61); Alessandro della Valle (p. 63);
Anthony Anex (p. 67, 69); Beat Mumenthaler (p. 71)

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

Editorial deadline
15 January 2022

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Total 170 000
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English 12 000

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Art. No. 104.617.e

44th edition, February 2022

82
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