Parliament Act (ParlA)

By Steph5
12345678910111213141516171819202122
In The Matter OfParliament Act (ParlA)
Exhibit A
Scroll to open

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 Rights and Duties

Art. 6 Procedural rights

1 The members the Federal Assembly (assembly members) have the right to submit parliamentary initiatives and parliamentary procedural requests and to propose candidates for election. 2 They may submit proposals relating to pending business and procedure. 2bis The standing orders of the councils may provide that the rights in accordance with paragraph 1 may be exercised jointly by two or more council members. 3 The right to speak and the time allowed for speeches may be limited by the standing orders of the councils. 4 If a parliamentary initiative, a motion or a postulate is opposed, a vote may be held only if the originator has been given the opportunity to provide verbal justification. In addition, the person who first requested rejection must at least be given the right to speak.

Para. 2bis — Inserted by No I of the FA of 21 March 2025 (Submission of Procedural Requests and Parliamentary Initiatives), in force since 8 Sept. 2025 (AS 2025 530; BBl 2024 1799, 2462). Para. 4 — Inserted by No I of the FA of 21 June 2013 (Improvements in the Organisation and Procedures of Parliament), in force since 25 Nov. 2013 (AS 2013 3687; BBl 2011 6793, 6829).

Art. 7 Rights to information

1 The assembly members have the right to be provided with information by the Federal Council and the Federal Administration and to inspect documents on any matter of relevance to the Confederation, provided this is required for the exercise of their parliamentary mandates. 2 An individual assembly member has no right to information: a. from the joint reporting procedure and deliberations in Federal Council meetings; b. that is classified as confidential or secret in the interests of state security or the intelligence service, or the disclosure of which to unauthorised persons may be detrimental to national interests; c. that is treated as confidential for the protection of personal privacy. 3 In the event of any disagreement between an assembly member and the Federal Council as to the extent of rights to information, the assembly member may call on the Presiding College of the council to which he or she belongs. The Presiding College mediates between the assembly member and the Federal

Para. 2 let. c — Amended by No I of the FA of 17 June 2011 (Specification of the Information Rights of the Supervisory Committees), in force since 1 Nov. 2011 (AS 2011 4537; BBl 2011 1817, 1839).

Art. 8 Official secrecy

The assembly members are bound by official secrecy where, through their official activities, they acquire knowledge of information that must be kept secret or confidential in order to safeguard overriding public or private interests, and in particular in order to protect personal privacy or to avoid prejudicing pending court proceedings.

Art. 9 Income and expenses

Assembly members receive from the Confederation a salary in respect of their parliamentary activities and a contribution to cover the expenses that they incur in connection therewith. The details are regulated by the Parliamentary Resources Act of 18 March 1988.

SR 171.21

Art. 10 Duty to attend meetings

Assembly members are obliged to attend the meetings of the councils and committees.

Art. 10a Virtual attendance at council meetings

1 If events arise that could prevent several assembly members from physically attending council meetings, a council may permit individual assembly members to attend virtually, provided the quorum is reached in accordance with Article 159 paragraph 1 of the Federal Constitution. 2 An assembly member may attend council meetings virtually only if their physical attendance is prevented by an official order relating to the events set out in paragraph 1 or due to force majeure. The assembly member shall inform the Council President in good time. 3 Assembly members who attend virtually shall have the same rights as those who attend physically, with the exception that they are not permitted to participate in elections and meetings in camera (in accordance with Article 4 paragraph 2). 4 Votes shall not be held again if assembly members are unable to cast their votes on technical grounds. 5 The council and the public shall be informed as to which assembly members have attended meetings virtually

Art. 10a — Inserted by No I of the FA of 10 Dec. 2020 (COVID-19: Voting in the National Council; Suspension or Postponement of the Session) (AS 2020 5375; BBl 2020 9271, 9283). Amended by No I of the FA of 17 March 2023 (Improvements in the Organisation and Procedures of Parliament, Especially in Crisis Situations), in force since 2 Dec. 2024 (AS 2023 483, 2024 675; BBl 2022 301, 433).

Art. 10b

Inserted by No I of the FA of 10. Dec. 2020 (COVID-19: Voting in the National Council; Suspension or Postponement of the Session), in force from 11. Dec. 2020 until 1 Oct. 2021 at the latest (AS 2020 5375; BBl 2020 9271, 9283).

Art. 11 Duties of disclosure

1 On assuming office and at the start of every year, each assembly member must inform his or her office in writing about his or her: a. professional activities; if the assembly member is an employee, they must give information about their position and their employer; b. further activities on management or supervisory committees as well as advisory committees and similar bodies of Swiss and foreign business undertakings, institutions and foundations under private and public law; c. activities as a consultant or as a specialist adviser to federal agencies; d. permanent management or consultancy activities on behalf of Swiss or foreign interest groups; e. participation in committees or other organs of the Confederation. 1bis In the case of activities listed in paragraph 1 letters b−e, the assembly member shall declare whether the activity is voluntary or paid. The reimbursement of expenses is not regarded as payment for an activity. 2 The Parliamentary Services maintain a public register

Para. 1 let. a — Amended by No I of the FA of 15 June 2018, in force since 2 Dec. 2019 (AS 2018 3461; BBl 2017 6797, 6865). Para. 1 let. b — Amended by No I of the FA of 15 June 2018, in force since 2 Dec. 2019 (AS 2018 3461; BBl 2017 6797, 6865). Para. 1bis — Inserted by No I of the FA of 15 June 2018, in force since 2 Dec. 2019 (AS 2018 3461; BBl 2017 6797, 6865). Para. 4 — SR 311.0

Art. 11a Recusal

1 In exercising supervisory control in accordance with Article 26, members of committees and delegations shall recuse themselves if they have a direct personal interest in any item of business or could be impartial for any other reasons. The representation of political interests, and in particular those of communities, parties or associations, is not a reason for recusal. 2 In the event of any dispute, the committee or delegation concerned shall make a final decision on recusal after hearing the member concerned.

Art. 11a — Inserted by No I of the FA of 17 June 2011 (Specification of the Information Rights of the Supervisory Committees), in force since 1 Nov. 2011 (AS 2011 4537; BBl 2011 1817, 1839).

Art. 12 Independence in relation to foreign states

Assembly members are prohibited from acting in an official capacity for a foreign state or from accepting titles or honours from foreign governments.

Art. 13 Disciplinary measures

1 Where an assembly member, having been issued with a formal warning, once again infringes the administrative and procedural regulations of the councils, the President may: a. revoke the assembly member’s right to speak; or b. exclude the assembly member from the meeting for all or part of its remaining duration. 2 Where an assembly member commits a serious infringement of administrative or procedural regulations or breaches official secrecy, the relevant council office may: a. officially reprimand the assembly member; or b. suspend the assembly member from participation in the committees for up to six months. 3 The council shall decide on any objections raised by the council member in question.

Chapter 2 Incompatibility Rules

Art. 14 Incompatibility

The following persons may not be members of the Federal Assembly: a. persons that it has elected or whose appointment it has confirmed; b. judges of the federal courts whom it has not elected; c. staff of the central and decentralised Federal Administration, the Parliamentary Services and the federal courts, the secretariat of the Supervisory Authority for the Office of the Attorney General of Switzerland, the Office of the Attorney General of Switzerland as well as members of extra-parliamentary commissions with decision-making powers, unless specific statutory provisions provide otherwise; d. members of the armed forces command staff; e. members of the management organs of organisations or entities under public or private law that do not form part of the Federal Administration but which are entrusted with administrative tasks, where the Confederation has control thereover; f. persons that represent the Confederation in organisations or entities under public or private law that do not

let. c — Amended by Annex No II 2 of the Law Enforcement Authorities Act of 19 March 2010, in force since 1 Jan. 2011 (AS 2010 3267; BBl 2008 8125).

Art. 15 Procedure

1 In cases of incompatibility in terms of Article 14 letter a, the person concerned must declare which of the two offices he or she has chosen to accept. 2 In cases of incompatibility in terms of Article 14 letters b–f, the person concerned shall be removed from the Federal Assembly six months from the date of the incompatibility being established, provided he or she has not resigned from the other position by that time.

Chapter 3 Immunity and Session Attendance Guarante

Art. 16 Absolute immunity

Assembly members may not be held legally accountable for statements they make in the Assembly or in its organs.

Art. 17 Relative immunity

1 Criminal proceedings may be brought against an assembly member for an offence that is directly related to his or her official position or activity only if authorised by the competent committees of both councils. The standing orders of each council shall designate the competent committee. 2 If it appears justified given the circumstances of the case, the competent committees may assign the prosecution and adjudication of an offence subject to cantonal jurisdiction to the prosecution authorities of the Confederation. 3 The United Federal Assembly may appoint a Special Attorney General. 3bis The presidents of the competent committees may by mutual agreement return to the prosecution authorities applications providing insufficient grounds for lifting immunity so that these can be rectified. 4 If an application is clearly untenable, the presidents of the competent committees may by mutual agreement deal directly with the application. They shall inform the committees in advance. If the maj

Art. 17 — Amended by No I of the FA of 17 June 2011 (Requests to lift Immunity), in force since 5 Dec. 2011 (AS 2011 4627; BBl 2010 7345, 7385). Para. 3bis — Inserted by No I of the FA of 15 June 2018, in force since 26 Nov. 2018 (AS 2018 3461; BBl 2017 6797, 6865). Para. 4 — Amended by No I of the FA of 15 June 2018, in force since 26 Nov. 2018 (AS 2018 3461; BBl 2017 6797, 6865).

Art. 17a Relative immunity: Procedure

1 An application to lift immunity shall first be considered by the competent committee of the council to which the accused assembly member belongs. 2 If the decisions of both committees on whether to consider the application or lift immunity do not correspond, the committees shall attempt to resolve their differences. The second rejection of an application by a committee is final. 3 The committees are quorate when a majority of their members is present. The presence of a quorum must be confirmed. 4 The committees shall hear the accused assembly member. The member may not be represented or accompanied. 5 The decision of the committees is final. 6 Once a committee has notified the assembly member concerned, it shall inform the public immediately. At the same time, it shall inform the members of both councils in a written communication. 7 If the accused assembly member is a member of one of the competent committees, he or she shall recuse him or herself.

Art. 17a — Inserted by No I of the FA of 17 June 2011 (Requests to lift Immunity), in force since 5 Dec. 2011 (AS 2011 4627; BBl 2010 7345, 7385).

Art. 18 Suspension of postal and telecommunications secrecy, and other investigative measures

1 The authorisation of the Presiding Colleges of the councils is required for the suspension of postal and telecommunications secrecy in terms of Article 321ter of the Swiss Criminal Code if: a. it is intended to prosecute a criminal offence committed by an assembly member; b. it is intended to order measures against an assembly member that permit the surveillance of a third party with which the assembly member has dealings by reason of his or her office. 2 Paragraph 1 also applies by analogy to those cases in which other inquiries or criminal investigation measures are required in respect of an assembly member for an initial clarification of the facts of the case or to secure evidence. 3 As soon as the measures authorised by Presiding Colleges of the councils have been carried out, authorisation for prosecution must be obtained from the competent committees of both councils in accordance with Article 17, unless proceedings have already been dropped. 4 Any arrest made without this auth

Para. 1 — SR 311.0 Para. 3 — Amended by No I of the FA of 17 June 2011 (Requests to lift Immunity), in force since 5 Dec. 2011 (AS 2011 4627; BBl 2010 7345, 7385). Para. 4 — Amended by No I of the FA of 17 June 2011 (Requests to lift Immunity), in force since 5 Dec. 2011 (AS 2011 4627; BBl 2010 7345, 7385).

Art. 19 Procedure by which the Presiding Colleges grant authorisation

1 The Presiding Colleges of the councils shall reach their decisions by joint deliberation in camera. The granting of authorisation in terms of Article 18 requires the agreement at least five members. 2 Authorisation to suspend postal and telecommunications secrecy may only be granted if the relevant authority has approved the order for surveillance to be carried out.

Para. 2 — Amended by annex 1 No 1 of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697).

Art. 20 Session attendance guarantee

1 Criminal proceedings against an assembly member in respect of a felony or misdemeanour that is not connected with his or her official position or activities may only be initiated during a session with the written consent of the member or with the authorisation of the competent committee of the council to which the member belongs. The standing orders of each council shall designate the competent committee. 2 The foregoing does not apply to a precautionary arrest due to a risk of absconding or where the member is caught in the act of committing a felony. The authority ordering the arrest must apply within 24 hours directly to the competent committee of the council to which the arrested member belongs for its consent, unless the person concerned has given his or her own consent to being arrested. 3 If criminal proceedings in respect of the offences named in paragraphs 1 and 2 have already been commenced against an assembly member at the start of a session, the member has the right to re

Para. 1 — Amended by No I of the FA of 17 June 2011 (Requests to lift Immunity), in force since 5 Dec. 2011 (AS 2011 4627; BBl 2010 7345, 7385). Para. 2 — Amended by No I of the FA of 17 June 2011 (Requests to lift Immunity), in force since 5 Dec. 2011 (AS 2011 4627; BBl 2010 7345, 7385). Para. 3 — Amended by No I of the FA of 17 June 2011 (Requests to lift Immunity), in force since 5 Dec. 2011 (AS 2011 4627; BBl 2010 7345, 7385).

Art. 21 Disputes over the necessity for authorisation

In the event of any dispute as to whether authorisation in terms of Articles 17–20 is required, the organ responsible for granting authorisation decides.

Chapter 4 Liability

Inserted by No I of the FA of 3 Oct. 2008 (Parliamentary Law. Miscellaneous Amendments), in force since 2 March 2009 (AS 2009 725; BBl 2008 1869, 3177).

Art. 21a

1 The financial liability of an assembly member for his or her official activities is governed by the Government Liability Act of 14 March 1958. 2 The Administration Delegation shall decide on the liability of an assembly member under Articles 7 and 8 of the Government Liability Act of 14 March 1958. 3 The assembly member may contest the decision of the Administration Delegation by filing an appeal with the Federal Supreme Court.

Para. 1 — SR 170.32