English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Chapter 1 The Federal Council
Section 1 Functions
Art. 6 Government obligations
1 The Federal Council determines the aims of its government policy and the means to achieve them. 2 It gives priority to the fulfilment of its obligations of government. 3 It takes all the measures required to ensure the continuation of government activities at all times. 4 It works to maintain the unity of the state and the cohesion of the country while protecting the diversity of the federal system. It helps the other state institutions to fulfil the duties assigned to them by the Constitution and the law in a timely and appropriate manner.
Art. 7 Legislation
The Federal Council conducts the preliminary legislative proceedings, subject to the parliamentary right to an initiate legislation. It submits drafts of constitutional amendments, federal acts and decrees to the Federal Assembly and issues ordinances, provided it is authorised to do so under the Constitution and by law.
Art. 7a Conclusion and amendment of or withdrawal from internationaltreatiesby the Federal Council
1 The Federal Council may conclude, amend or withdraw from treaties under international law at its own behest in as far as it is authorised to do so by a federal act or by an international treaty approved by the Federal Assembly. Authorisation to conclude an international treaty includes authorisation to amend or withdraw from it. 1bis It may withdraw from an international treaty at its own behest in as far as the Federal Constitution provides for withdrawal. 2 It may conclude international treaties of limited scope at its own behest. It may likewise independently make amendments of limited scope to treaties or withdraw from international treaties of limited scope. 3 International treaties or amendments of limited scope are those that: a. do not create new obligations for Switzerland and do not constitute a waiver of existing rights; b. serve to implement treaties approved by the Federal Assembly and simply provide more detail on rights, obligations or organisational principles that ar
Art. 7a — Inserted by Annex No II 3 of the Parliament Act of 13 Dec. 2002, in force since 1 Dec. 2003 (AS 2003 3543; BBl 2001 3467 5428). Art. 7a — Amended by No I 2 of the FA of 21 June 2019 on the Authority to Conclude, Amend or Withdraw from International Treaties, in force since 2 Dec. 2019 (AS 2019 3119; BBl 2018 3471 5315). Para. 1 — Amended by No I 2 of the FA of 21 June 2019 on the Authority to Conclude, Amend or Withdraw from International Treaties, in force since 2 Dec. 2019 (AS 2019 3
Art. 7b Provisional application of international treaties by the Federal Council
1 Where the Federal Assembly is responsible for approving the conclusion of or amendment to an international treaty, the Federal Council may determine or agree the provisional application of the treaty without the approval of the Federal Assembly when it is necessary to safeguard important Swiss interests and the matter is of particular urgency. 1bis It shall refrain from applying the treaty provisionally if the competent committees of both Councils are against doing so. 2 The provisional application of an international treaty ends if the Federal Council fails to present the Federal Assembly with a draft of a federal decree on the treaty in question within six months. 3 The Federal Council shall notify the parties to the treaty of the termination of the provisional application.
Art. 7b — Inserted by No I 1 of the FA of 8 Oct. 2004 on the Provisional Application of International Treaties, in force since 1 April 2005 (AS 2005 1245; BBl 2004 761 1017). Para. 1 — Amended by No I 2 of the FA of 21 June 2019 on the Authority to Conclude, Amend or Withdraw from International Treaties, in force since 2 Dec. 2019 (AS 2019 3119; BBl 2018 3471 5315). Para. 1bis — Inserted by No I 1 of the FA of 26 Sept. 2014 on the Power to conclude International Treaties of Limited Scope and the
Art. 7bbis Urgent withdrawal from international treaties by the Federal Council
1 Where the Federal Assembly is responsible for approving withdrawal from an international treaty, the Federal Council may withdraw from the treaty without the approval of the Federal Assembly if it is necessary to do so in order to safeguard important interests of Switzerland and if there is a particular urgency in doing so. 2 It may not withdraw urgently if the responsible committees of both chambers object to withdrawal.
Art. 7bbis — Inserted by No I 2 of the FA of 21 June 2019 on the Authority to Conclude, Amend or Withdraw from International Treaties, in force since 2 Dec. 2019 (AS 2019 3119; BBl 2018 3471 5315).
Art. 7c Ordinances safeguarding the interests of the country
1 The Federal Council, in direct application of Article 184 paragraph 3 of the Federal Constitution, may when necessary issue an ordinance to safeguard the interests of the country. 2 It shall limit the period of validity of the ordinance appropriately; the period of validity may not exceed four years. 3 It may extend the period of validity once. In this case, the ordinance ceases to apply six months after the beginning of the extension if the Federal Council fails to present the Federal Assembly with a bill establishing a legal basis for the content of the ordinance. 4 The ordinance ceases to apply: a. if the bill mentioned in paragraph 3 is rejected by the Federal Assembly; or b. at the latest with introduction of the legal basis provided for in paragraph 3.
Art. 7c — Inserted by No I 1 of the FA of 17 Dec. 2010 on Safeguarding Democracy, the Rule of Law and the Capacity to Act in Extraordinary Situations, in force since 1 May 2011 (AS 2011 1381; BBl 2010 1563 2803).
Art. 7d Ordinances to safeguard external and internal security
1 The Federal Council may, in direct application of Article 185 paragraph 3 of the Federal Constitution, issue an ordinance to counter existing or imminent threats of serious disruption to public order or internal or external security. 2 The ordinance ceases to apply: a. six months after its commencement if the Federal Council fails to submit to the Federal Assembly: 1. a bill establishing a legal basis for the content of the ordinance, or 2. a bill containing a Federal Assembly ordinance under Article 173 paragraph 1 letter c of the Federal Constitution which replaces the Federal Council’s ordinance; b. if the bill is rejected by the Federal Assembly; or c. if the legal basis or the replacement ordinance issued by the Federal Assembly comes into force. 3 The Federal Assembly ordinance provided for in paragraph 2 letter a number 2 ceases to apply three years at the latest from its commencement.
Art. 7d — Inserted by No I 1 of the FA of 17 Dec. 2010 on Safeguarding Democracy, the Rule of Law and the Capacity to Act in Extraordinary Situations, in force since 1 May 2011 (AS 2011 1381; BBl 2010 1563 2803).
Art. 7e Rulings to safeguard the interests of the country or to safeguard internal or external security
1 The Federal Council may, in direct application of Article 184 paragraph 3 or Article 185 paragraph 3 of the Federal Constitution, issue a ruling: a. if required to protect the country’s interests; or b. in order to counter existing or imminent threats of serious disruption to public order or internal or external security. 2 The Federal Council shall inform the competent organ of the Federal Assembly within 24 hours of its resolution on the ruling.
Art. 7e — Inserted by No I 1 of the FA of 17 Dec 2010 on Safeguarding Democracy, the Rule of Law and the Capacity to Act in Extraordinary Situations, in force since 1 May 2011 (AS 2011 1381; BBl 2010 1563 2803).
Art. 8 Organisation and management of the Federal Administration
1 The Federal Council determines the appropriate organisation of the Federal Administration and adapts it to circumstances. It may diverge from the organisational provisions of other federal acts unless the Federal Assembly expressly places limitations on its organisational powers. 2 It shall encourage efficiency and innovative ability within the Federal Administration. 3 It supervises the Federal Administration in a continuous and systematic manner. 4 It monitors the decentralised administrative bodies and other bodies charged with carrying out federal administrative tasks which are not themselves part of the Federal Administration. 5 It determines, as appropriate, the strategic goals for the following autonomous units: a. entities under public or private law which: 1. are not part of the central Federal Administration, 2. were created under federal legislation or over which the Confederation has control by virtue of its capital or voting rights, and 3. are delegated federal administr
Art. 8 — Amended by No I of the FA of 22 March 2002 on the Revision of Organisational Provisions of Federal Legislation, in force since 1 Feb. 2003 (AS 2003 187; BBl 2001 3845). Para. 1 — Amended by No I of the FA of 22 March 2002 on the Revision of Organisational Provisions of Federal Legislation, in force since 1 Feb. 2003 (AS 2003 187; BBl 2001 3845). Para. 5 let. b — Inserted by No I 2 of the FA of 17 Dec. 2010 on the Participation of the Federal Assembly in the Supervision of Autonomous Bod
Art. 9 Implementation and administration of the law
1 The Federal Council ensures that the legislation and other decisions of the Federal Assembly are implemented. 2 It shall ensure the administration of administrative justice in as far as it is required to do so by legislation.
Art. 10 Information
1 The Federal Council ensures that the Federal Assembly, the cantons and the general public are suitably informed. 2 It ensures that consistent information on its assessments, plans, decisions and provisions is provided promptly and regularly. 3 Special provisions to protect overriding public or private interests are reserved.
Art. 10a Federal Council spokesperson
1 The Federal Council appoints a leading member of the Federal Chancellery as Federal Council spokesperson. 2 The Federal Council spokesperson: a. provides information on behalf of the Federal Council to the general public; b. advises the Federal Council and its members on information and communication issues; c. coordinates the information activities of the Federal Council, the departments and the Federal Chancellery.
Art. 10a — Inserted by No I of the FA of 24 March 2000 (AS 2000 2095; BBl 1997 III 1568, 1999 2538). Amended by No I of the FA of 28 Sept. 2012, in force since 1 Jan. 2014 (AS 2013 4549; BBl 2002 2095, 2010 7811).
Art. 11 Communication with the general public
The Federal Council maintains contact with the general public and ensures they are informed of the opinions and concerns discussed in the public domain.
Section 2 Procedure and Organisation
Art. 12 Principle of collegiality
1 The Federal Council reaches its decisions as a collegial body. 2 The members of the Federal Council shall represent the decisions of the whole.
Art. 12a Duty to provide information
1 The members of the Federal Council and the Federal Chancellor inform the Federal Council regularly about their business and in particular about related risks and possible challenges. 2 The Federal Council may request specific information from its members and from the Federal Chancellor.
Art. 12a — Inserted by No I of the FA of 28 Sept. 2012, in force since 1 Jan. 2014 (AS 2013 4549; BBl 2002 2095, 2010 7811).
Art. 13 Deliberations
1 The Federal Council members shall make decisions of major importance or political scope jointly and at the same time. 2 The Federal Council may decide on other items of business in a simplified procedure. 3 The essential content of Federal Council deliberations and decisions are recorded in writing at all times. The Federal Council minutes guarantee transparency and aid the Federal Council as a management instrument.
Para. 3 — Inserted by No I of the FA of 28 Sept. 2012, in force since 1 Jan. 2014 (AS 2013 4549; BBl 2002 2095, 2010 7811). The correction by the Federal Assembly Drafting Committee (Art. 58 Abs. 1 ParlA – SR 171.10) of 22 May 2017, published on 30 May 2017 relates to the French text only (AS 2017 3259).
Art. 14 Directives
In preparing items of business of major importance or political scope, the Federal Council shall, if necessary, outline the relevant aims and guidelines.
Art. 15 Joint reporting procedure
1 Items of business on which the Federal Council must decide are presented to the members of the Federal Council in a joint reporting procedure. 2 The Federal Chancellery regulates the joint reporting procedure.
Art. 16 Convening
1 The Federal Council convenes as frequently as its business requires. 2 The Federal Council is convened by the Federal Chancellor on behalf of the President of the Confederation. 3 Each member of the Federal Council may at any time ask for the Council to convene. 4 In cases of urgency the President of the Confederation may make an exception to the regular procedure for convening the Council and conducting negotiations.
Art. 17 Special discussions and closed-door meetings
The Federal Council holds special discussions and closed-door meetings on issues of far-reaching importance.
Art. 18 Presidency and participation
1 The President of the Confederation chairs the discussions in the Federal Council. 2 In addition to the members of the Federal Council, the Federal Chancellor also participates in the deliberations of the Federal Council in an advisory capacity. He or she has the right to make proposals in order to fulfil the tasks of the Federal Chancellery. 3 The Vice-Chancellors shall be present at the discussions unless otherwise specified by the Federal Council. 4 The Federal Council may call on the expertise of its administrative staff and qualified persons from within and outside of the Federal Administration when it considers this necessary in order to acquire information and form an opinion.
Para. 2 — Second sentence amended by No I of the FA of 28 Sept. 2012, in force since 1 Jan. 2014 (AS 2013 4549; BBl 2002 2095, 2010 7811).
Art. 19 Quorum
1 The Federal Council may only reach a decision if at least four of its members are present. 2 Decisions are taken by a majority vote. Federal Councillors are permitted to abstain from voting but a valid decision requires the votes of at least three members. 3 The chairperson of the Federal Council takes part in the vote. In the event of a tie, his or her vote is worth double. This does not apply in the case of elections.
Art. 20 Duty of recusal
1 Members of the Federal Council and the persons mentioned in Article 18 shall recuse themselves if they have an immediate personal interest in the matter at hand. 2 If the Council is making a ruling or deciding on an appeal, the provisions on recusal of the Federal Act of 20 December 1968 on Administrative Procedure apply.
Para. 2 — SR 172.021
Art. 21 Exclusion of the general public
The discussions of the Federal Council and the joint reporting procedure mentioned in Article 15 are not public. The public are informed in accordance with Article 10.
Art. 22 Deputisation in the event of absence
1 The Federal Council appoints a deputy for each Federal Councillor from among its members. 2 Each member of the Federal Council shall ensure that in the event of unforeseen incidents his or her deputy is notified quickly and comprehensively about important business and the issues to be decided. 3 Each member of the Federal Council and his or her deputy shall ensure the orderly handover of business.
Art. 22 — Amended by No I of the FA of 28 Sept. 2012, in force since 1 Jan. 2014 (AS 2013 4549; BBl 2002 2095, 2010 7811).
Art. 23 Federal Council committees
1 The Federal Council may appoint committees from among its members for certain items of business. These committees are normally made up of three members. 2 The committees prepare discussions and decisions for the Federal Council or conduct discussions on behalf of the collegial body with other internal or external administrative bodies or private individuals. They have no decision-making powers. 3 They inform the Federal Council regularly about their discussions. 4 The Federal Chancellery runs the secretariat, which in particular keeps minutes of the discussions in the committee and manages the documentation.
Art. 23 — Amended by No I of the FA of 28 Sept. 2012, in force since 1 Jan. 2014 (AS 2013 4549; BBl 2002 2095, 2010 7811).
Art. 24 Organisation ordinance
The Federal Council sets out in detail how it exercises its functions in an ordinance.
Chapter 2 The President of the Confederation
Art. 25 Functions within the Federal Council
1 The President of the Confederation heads the Federal Council. 2 The President of the Confederation: a. ensures that the Federal Council accomplishes its tasks in a timely, appropriate and coordinated manner; abis. coordinates matters of major importance in which two or more departments are involved or which are of major importance for the country; b. prepares discussions for the Federal Council and the agenda of matters to be discussed and seeks conciliation on controversial issues; bbis. may instruct a member of the Federal Council to submit a specific item of business to the Federal Council at a given time; c. ensures that the Federal Council organises and carries out its supervision of the Federal Administration in an appropriate manner; d. may at any time order investigations into specific matters and suggest appropriate measures to the Federal Council where necessary.
Para. 2 let. abis — Inserted by No I of the FA of 28 Sept. 2012, in force since 1 Jan. 2014 (AS 2013 4549; BBl 2002 2095, 2010 7811). Para. 2 let. b — Amended by No I of the FA of 28 Sept. 2012, in force since 1 Jan. 2014 (AS 2013 4549; BBl 2002 2095, 2010 7811). Para. 2 let. bbis — Inserted by No I of the FA of 28 Sept. 2012, in force since 1 Jan. 2014 (AS 2013 4549; BBl 2002 2095, 2010 7811).
Art. 26 Presidential decisions
1 In urgent cases, the President may order precautionary measures to be taken. 2 If it is not possible to arrange an ordinary or extraordinary Federal Council meeting, the President decides in its stead. 3 These decisions must be submitted retrospectively to the Federal Council for approval. 4 In addition, the Federal Council may authorise the President of the Confederation to decide on matters of a predominantly formal nature.
Art. 27 Replacement in case of absence
1 If the President is unable to fulfil his or her public duties, the Vice-President takes responsibility as his or her replacement and takes over the presidential duties. 2 The Federal Council may transfer certain presidential powers to the Vice-President.
Art. 28 Representation
The President represents the Federal Council in Switzerland and abroad.
Art. 29 Relationship with the cantons
The President is responsible for maintaining relations between the Confederation and the cantons with regard to shared concerns of a general nature.
Art. 29a Presidential services unit
1 The President shall have a presidential services unit to take care of his or her special tasks, and in particular for international relations, communication, protocol and organisational matters. 2 The presidential services unit is affiliated to the Federal Chancellery.
Art. 29a — Inserted by No I of the FA of 28 Sept. 2012, in force since 1 Jan. 2015 (AS 2013 4549; BBl 2002 2095, 2010 7811).
Chapter 3 The Federal Chancellor
Art. 30 Functions
1 The Federal Chancellor is the chief of staff of the Federal Council. 2 The Federal Chancellor: a. supports the President of the Confederation and the Federal Council in the fulfilment of their tasks; b. fulfils the responsibilities to the Federal Assembly assigned to him or her by the Constitution and the law.
Art. 31 Organisation
1 The Federal Chancellor is head of the Federal Chancellery, just as the Federal Councillors are each head of a department. 2 The Vice-Chancellors deputise for the Federal Chancellor. 3 Unless subject to specific arrangements by the Federal Council, the organisation and management of the Federal Chancellery are governed by the provisions that apply to the entire Federal Administration, with the exception of the section on general secretariats.
Art. 32 Advice and support
The Federal Chancellor: a. advises and supports the Federal President and the Federal Council in planning and coordination at government level; b. creates and supervises work plans and business rosters for the Federal President; c. takes part in the preparation and conduct of Federal Council meetings and is responsible for keeping the minutes and preparing official copies of the decisions; cbis. monitors on behalf of the Federal Council the progress of its business and of Federal Assembly mandates as well as the consistency of the content of business and mandates with the legislature plan, the Federal Council’s annual objectives and other federal plans, and may submit proposals to the Federal Council thereon in the event of new developments; cter. ensures that a long-term and continual analysis is made of the situation and environment and provides the Federal Council with regular reports thereon; d. prepares the Federal Council’s reports to the Federal Assembly on the key aspects of go
let. c — Amended by No I of the FA of 28 Sept. 2012, in force since 1 Jan. 2014 (AS 2013 4549; BBl 2002 2095, 2010 7811). let. cbis — Inserted by No I of the FA of 28 Sept. 2012, in force since 1 Jan. 2015 (AS 2013 4549; BBl 2002 2095, 2010 7811). let. cter — Inserted by No I of the FA of 28 Sept. 2012, in force since 1 Jan. 2015 (AS 2013 4549; BBl 2002 2095, 2010 7811). let. g — Inserted by No I of the FA of 28 Sept. 2012, in force since 1 Jan. 2015 (AS 2013 4549; BBl 2002 2095, 2010 7811).
Art. 33 Coordination
1 The Federal Chancellor ensures the coordination of interdepartmental affairs. 1bis He or she carries out cross-departmental coordination tasks aimed at recognising and responding to crises in good time. 2 He or she ensures coordination with the parliamentary administration. In particular, he or she consults the Secretary General of the Federal Assembly if the business of the Federal Council or its subordinate offices directly affects the procedure and organisation of the Federal Assembly or Parliamentary Services. He or she may take part in the meetings of the Administration Committee of the Federal Assembly in an advisory capacity.
Para. 1bis — Inserted by No I of the FA of 28 Sept. 2012, in force since 1 Jan. 2015 (AS 2013 4549; BBl 2002 2095, 2010 7811). Para. 2 — Inserted by Annex No 3 of the FA of 8 Oct. 1999, in force since 1 Jan. 2000 (AS 2000 273; BBl 1999 4809 5979).
Art. 33a Right to information
The Federal Chancellor may request information from the departments in order to fulfil his or her tasks.
Art. 33a — Inserted by No I of the FA of 28 Sept. 2012, in force since 1 Jan. 2014 (AS 2013 4549; BBl 2002 2095, 2010 7811).
Art. 34 Information
1 The spokesperson for the Federal Council in cooperation with the departments ensures that appropriate measures are taken to inform the public. 2 The Federal Chancellor is responsible for internal information between the Federal Council and the departments.
Art. 34 — Amended by No I of the FA of 24 March 2000, in force since 1 Sept. 2000 (AS 2000 2095; BBl 1997 III 1568, 1999 2538).