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 Legal Status
Art. 58 Official seat
The official seat of the Federal Council, the departments and the Federal Chancellery is the City of Bern.
Art. 59 Place of residence of the members of the Federal Council and of the Federal Chancellor
Members of the Federal Council and the Federal Chancellor are free to choose their place of residence; however, it must be within easy reach of the official seat.
Art. 60 Professional incompatibility
1 The members of the Federal Council and the Federal Chancellor may not occupy another position in the Confederation or an official position in a canton nor may they carry out another profession or trade. 2 They may not hold a position as director, manager or member of an administration, supervisory body or auditing body of organisations that pursue an economic activity. 3 The members of the Federal Council and the Federal Chancellor may not exercise an official function for a foreign state or accept a title or decoration from a foreign authority.
Para. 3 — Inserted by No I 2 of the FA of 23 June 2000 on Titles and Decorations of Foreign Authorities, in force since 1 Feb. 2001 (AS 2001 114; BBl 1999 7922).
Art. 61 Personal incompatibility
1 The following may not be members of the Federal Council at the same time: a. two persons married to each other or who live in a registered partnership or as cohabitees; b. relatives and in-laws related in direct line or collaterally up to the fourth degree; c. two persons whose spouses or registered partners are siblings. 2 This provision applies by analogy to the degree of relationship between the Federal Chancellor and members of the Federal Council.
Art. 61 — Amended by Annex No 4 of the Same-Sex Partnership Act of 18 June 2004, in force since 1 Jan. 2007 (AS 2005 5685; BBl 2003 1288).
Art. 61a
Inserted by Annex No II 3 of the Parliament Act of 13 Dec. 2002 (AS 2003 3543; BBl 2001 3467 5428). Repealed by Annex No 2 of the FA of 17 June 2011 (Applications to repeal immunity), with effect from 5 Dec. 2011 (AS 2011 4627; BBl 2010 7345 7385).
Chapter 2 Approval of Cantonal Enactments
Originally before Art. 62. Amended by No I of the FA of 7 Oct. 2005, in force since 1 June 2006 (AS 2006 1265; BBl 2004 7103).
Art. 61b
1 Where required by a federal act, the cantons submit their acts and ordinances to the Confederation for approval; approval is a condition of validity. 2 The departments give approval in uncontroversial cases. 3 The Federal Council shall decide in disputed cases. It may also give approval with reservation.
Art. 61b — Originally Art. 62, thereafter Art. 61a. Amended by No I of the FA of 7 Oct. 2005, in force since 1 June 2006 (AS 2006 1265; BBl 2004 7103).
Chapter 3 Information on Agreements between the Ca
Inserted by No I of the FA of 7 Oct. 2005, in force since 1 June 2006 (AS 2006 1265; BBl 2004 7103).
Art. 61c Duty to provide information
1 The cantons shall inform the Confederation of any agreements concluded among themselves or with institutions abroad. They shall inform the Confederation of any agreements with an institution abroad before they are concluded. The Confederation and the cantons shall seek amicable solutions. 2 Agreements are exempted from the duty to provide information if they: a. serve to implement agreements about which the Confederation is informed; b. principally concern the authorities or regulate administrative issues.
Art. 61c — Inserted by No I of the FA of 7 Oct. 2005, in force since 1 June 2006 (AS 2006 1265; BBl 2004 7103).
Art. 62 Procedure
1 The Confederation shall inform the public in the Official Federal Gazette about agreements that are brought to its knowledge. 2 The department responsible examines whether or not an agreement is in accordance with the law and interests of the Confederation. It shall inform the cantons that are party to the agreement of the result within two months following publication of the information in terms of paragraph 1. Cantons that are not party to the agreement (third-party cantons) shall inform the contracting parties of any objections they may have within the same time period. 3 If objections exist, the department or third-party cantons shall attempt to reach an amicable solution with the cantons that are party to the agreement. 4 If no solution is reached, the Federal Council and third-party cantons may raise a formal objection with the Federal Assembly within six months following publication of the information in terms of paragraph 1.
Art. 62 — Inserted by No I of the FA of 8 Oct. 1999 (AS 2000 289; BBl 1999 7922). Amended by No I of the FA of 7 Oct. 2005, in force since 1 June 2006 (AS 2006 1265; BBl 2004 7103).
Chapter 4 Concentrated Decision-Making Process
Originally Chapter 2bis. Inserted by No I 1 of the FA of 18 June 1999 on the Coordination and Simplification of the Decision-Making Process, in force since 1 Jan. 2000 (AS 1999 3071; BBl 1998 2591).
Art. 62a Hearing
1 If, in projects such as those involving buildings and installations, an act provides for the concentration of decision-making in a single authority (the principal authority), this authority hears the statements of the specialist authorities concerned before making a decision. 2 If several specialist authorities are concerned, the principal authority listens to their statements at the same time; it may however hear them one after the other if there are particular reasons for doing so. 3 The principal authority sets the specialist authorities a deadline for providing a statement; the deadline is normally two months. 4 The principal authority and the specialist authorities shall agree amicably on the cases in which exceptionally no statement needs to be provided.
Art. 62b Elimination of differences
1 If there are any differences between the statements of the specialist authorities or if the principal authority does not agree with the statements, it conducts a discussion with the specialist authorities within 30 days in order to eliminate any differences. In this it may call on further authorities or specialists. 2 If the differences are successfully eliminated, the result is binding for the principal authority. 3 If the differences cannot be successfully eliminated, the principal authority decides; if considerable differences exist between administrative units of the same department, the principal authority shall instruct the department on how to resolve the matter. If several departments are involved, they consult to reach an agreement. When explaining their decision, they should explain the differences in their positions. 4 The specialist authorities concerned may defend their own point of view before an appeals authority even after having taken part in a procedure to eliminate
Art. 62c Deadlines
1 The Federal Council sets deadlines within which a decision is to be reached for each procedure to approve plans for buildings and installations. 2 If any of these deadlines cannot be met, the principal authority informs the applicant when the decision is likely to be made, with reasons given.
Chapter 5 Tax Exemption and Protection of Federal
Originally Chapter 2ter. 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. 62d Tax exemption
The Confederation as well as its institutions, businesses and non-autonomous foundations are exempt from all taxation imposed by the cantons and communes, other than in the case of properties which do not serve an immediate public purpose.
Art. 62e Liability
1 The cantons are liable to the Confederation for damage to its property as a result of disruption to public order. 2 Cantonal and communal regulations on insurance obligations do not apply to the Confederation.
Chapter 6 Domiciliary Rights
Originally Chapter 2quater. 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. 62f
The Confederation exercises domiciliary rights in its buildings.
Chapter 7 Final Provisions
Originally Chapter 3.
Art. 63 Repeal of the Administration Organisation Act
The Federal Act of 19 September 1978 on the Organisation and Management of the Federal Council and the Federal Administration is repealed.
[AS 1979 114; 1983 170,931 Art. 59 No 2; 1985 699; 1987 226 No II 2, 808; 1989 2116; 1990 3 Art. 1, 1530 No II 1, 1587 Art. 1; 1991 362 No I; 1992 2 Art. 1, 288 Annex No 2, 510, 581 Annex No 2; 1993 1770; 1995 978, 4093 Annex No 2, 4362 Art. 1, 5050 Annex No 1; 1996 546 Annex No 1, 1486, 1498 Annex No 1]
Art. 64
Repealed by No I of the FA of 22 March 2002 on the Revision of Organisational Provisions of Federal Legislation, with effect from 1 Feb. 2003 (AS 2003 187; BBl 2001 3845).
Art. 65
Repealed by Art. 65 No 2 of the Financial Budget Act of 7 Oct. 2005, with effect from 1 May 2006 (AS 2006 1275; BBl 2005 5).
Art. 66 Referendum and commencement
1 This Act is subject to an optional referendum. 2 The Federal Council shall determine the commencement date. Commencement date: 1 October 1997
Para. 2 — FCD 3 Sept. 1997.