1. État, peuple, Authorities » 11. Treaties, Concordats and Conventions (CoParl)
Table of Provisions (27)
Statutory Text (27 Articles)
The Convention of March 5, 2010, concerning the participation of cantonal parliaments in the development, ratification, execution, and amendment of inter-cantonal agreements and treaties of the cantons with foreign entities (Convention on the Participation of Parliaments, CoParl) is approved.
This Agreement governs the involvement of the Parliaments of the contracting cantons in the process of drafting, ratifying, executing, and amending inter-cantonal agreements and treaties with foreign entities (hereinafter referred to as "the inter-cantonal agreement" or "the inter-cantonal agreements").
Order of the Parliament of October 24, 2001 concerning the accession of the Republic and Canton of Jura to the convention on the negotiation, ratification, execution, and amendment of inter-cantonal conventions and treaties of the cantons with foreign countries is repealed.
Each contracting canton’s parliament shall designate, according to its own rules, a committee responsible for handling foreign affairs (hereinafter referred to as the "foreign affairs committee").
This decree is subject to an optional referendum.
**The Government of each of the contracting cantons regularly informs, but at least once a year, the Parliament of its canton about its activities in foreign policy.**
The Government's information report is referred for examination to the foreign affairs committee, which, after having heard the Government and gathered all useful information, proposes that the Parliament take note of it.
When a Parliament intends to make a proposal to the Government of its canton, it proceeds in accordance with its legislation.
The Government sets the effective date of this order.
**Interparliamentary Coordination Office**
The Interparliamentary Coordination Office is composed of one parliamentarian and one deputy from each contracting canton, designated according to the legislation specific to each canton.
The Office appoints its president in turn from among its members for a period of two years.
The Office may have a permanent administrative secretariat, the costs of which are distributed among the contracting cantons according to their population.
For the rest, it organizes itself and establishes its own regulations.
The Interparliamentary Coordination Office ensures the exchange of information and parliamentary coordination relating to intercantonal and international matters that concern the contracting cantons.
It establishes and maintains up-to-date documentation on intercantonal collaboration and the intercantonal agreements binding the contracting cantons.
It serves as the interparliamentary contact point for the Conference of Western Swiss Governments (hereinafter: CGSO) and the Specialized Regional Conferences of the Heads of Departments.
The minutes of the Office's meetings are sent to the members of the foreign affairs committees of the contracting cantons.
The CGSO and the Regional Specialized Conferences of Department Heads inform the Interparliamentary Coordination Office of the Intercantonal Conventions that are being developed under their aegis.
The Governments of the contracting cantons inform the Office of other conventions that are being developed.
The provisions of this chapter apply in cases where the conclusion or ratification of an inter-cantonal agreement is subject to the approval of the Parliament in at least two of the contracting cantons.
These provisions apply solely to the contracting cantons where the conclusion or ratification of the inter-cantonal agreement is subject to the approval of the Parliament (hereinafter: "the concerned cantons"), even if other contracting cantons participate in the inter-cantonal agreement.
Each of the contracting cantons participating in the inter-cantonal agreement determines, in accordance with its legislation, whether the conclusion or ratification of the inter-cantonal agreement in question is subject to the approval of its Parliament.
At the conclusion of the negotiation process, the Government of each concerned canton transmits the draft of the inter-cantonal agreement to the Parliament, in accordance with its cantonal legislation.
The Governments of the concerned cantons may agree that this transmission will be carried out by a specialized regional conference of department heads or by the CGSO.
**The Parliaments of the Concerned Cantons Constitute an Interparliamentary Commission**
The parliaments of the concerned cantons shall constitute an interparliamentary commission composed of seven representatives per concerned canton, designated by each parliament according to the procedure it applies to the designation of its commissions. The Interparliamentary Coordination Bureau shall inform the governments of the concerned cantons or the Conference accordingly.
The Bureau shall invite the offices of the parliaments of the cantons not party to the present convention to send a delegation to the interparliamentary commission, consisting of seven representatives per canton in which the conclusion or ratification of the inter-cantonal convention is subject to parliamentary approval. These representatives have a consultative voice.
The interparliamentary commission may take a position on the draft inter-cantonal convention, within a sufficient time frame set by the governments of the concerned cantons.
**The Interparliamentary Commission**
The Interparliamentary Commission is convened by the Secretariat of the Interparliamentary Coordination Bureau.
The sessions of the commission are not open to the public. Its members are bound by professional secrecy.
During its constitutive session, the interparliamentary commission elects a president and a vice-president, choosing them from the delegation of two different cantons. The election takes place in the first round by an absolute majority and in the second round by a relative majority.
The Secretariat of the Interparliamentary Coordination Bureau ensures the secretariat of the interparliamentary commission and the preservation of its archives.
The interparliamentary commission makes its decisions by a majority of the present deputies from the concerned cantons.
The position of the interparliamentary commission is communicated to the Governments of the concerned cantons or to the Conference they designate. It mentions the voting result within each cantonal delegation.
Representatives of the Governments of the concerned cantons or of the Conference participate in the sessions of the interparliamentary commission with an advisory vote. The Secretariat of the Interparliamentary Coordination Bureau informs these bodies of the holding of the interparliamentary commission and sends them proposed amendments at least one month before the session.
The interparliamentary commission may adopt its own regulations.
The Governments of the concerned cantons or the Conference they have designated shall inform the interparliamentary commission of the follow-up to its stance prior to the signing of the inter-cantonal convention.
The interparliamentary commission may, if necessary, formulate new proposals concerning the amendments submitted within the framework of its stance.
Upon the prior notification of their foreign affairs commission, the offices of the Parliaments of the concerned cantons may waive the formation of an interparliamentary commission if the consultation reveals unanimity on this matter. They shall inform the Governments of the concerned cantons or the Conference accordingly.
In this case, each Parliament or its competent commission may express its position on the draft inter-cantonal agreement within a sufficient period set by the Governments.
The Governments of the concerned cantons or the Conference they have designated inform the members of the Parliament or its competent commission of the follow-up given to their position before the inter-cantonal agreement is signed.
Intercantonal agreements are subject, after being signed by the Governments of the concerned cantons, to the approval of the Parliament, in accordance with the legislation specific to each canton.
The position taken by the interparliamentary commission or the Parliament, or by its competent commission, supplemented by the information from the Governments on the actions they have taken, is appended to the message addressed to the Parliaments.
When the Conference of Cantonal Governments or a Swiss Conference of Cantonal Department Heads submits a draft of an inter-cantonal convention of national scope for consultation, the procedure outlined in Chapter 2 of the present convention shall apply by analogy.
In the event of an agreement establishing an inter-cantonal institution or a joint organization, the contracting cantons agree to provide, within the framework of high parliamentary oversight, an inter-parliamentary management audit of this inter-cantonal institution or joint organization.
The inter-parliamentary management audit is conducted by an inter-parliamentary audit commission composed of parliamentarians from each concerned canton.
The composition and specific powers of the inter-parliamentary audit commission are detailed in the agreement establishing the inter-cantonal institution or joint organization.
The inter-parliamentary management audit covers in all cases the following points
a) the strategic objectives of the inter-cantonal institution or joint organization, and their achievement;
b) multi-year financial planning;
c) the budget and accounts of the inter-cantonal institution or joint organization;
d) the evaluation of the results achieved by the inter-cantonal institution or joint organization.
The inter-parliamentary audit commission prepares a written report at least once a year. This report is forwarded to the Parliaments of the concerned cantons.
The budgetary and oversight powers of the Parliaments are reserved.
The secretariat of the inter-parliamentary audit commission and the preservation of archives are ensured by the secretariat of the Parliament of the host canton.
The inter-parliamentary audit commission may adopt its own operating regulations.
**The Interparliamentary Control Commission**
The Interparliamentary Control Commission may address inquiries, resolutions, or proposals to the concerned Governments or to the designated Conference, through the executive body of the intercantonal institution or the common organization.
Each member may submit in writing a proposal aimed at the adoption of an inquiry, a resolution, or a proposal.
Every proposal is placed on the agenda for debate.
The proposal is adopted if it receives the majority of votes.
An interpellation is a request for a reasoned explanation on any matter within the competence of the executive body.
A resolution is a declaration or a wish directed at the executive body or, through it, at another entity, on any matter within the competence of the executive body.
The proposal charges the concerned Governments or the Conference they have appointed with examining the appropriateness of adopting an act or taking measures on any matter within the competence of the executive body.
The executive body shall, within six months, send a report to the interparliamentary monitoring commission indicating how the concerned Governments or the Conference they have appointed have followed up on the proposal or the reasons why they do not intend to follow up on it.
The present convention is open to accession by all cantons.
Accession to the present convention shall, if applicable, amount to denunciation of the Convention of March 9, 2001, concerning the negotiation, ratification, execution, and amendment of inter-cantonal conventions and treaties of the cantons with foreign entities, as of the date of its entry into force.
This Agreement shall enter into force on January 1 of the year following the accession of five cantons party to the aforementioned convention of March 9, 2001.
For cantons that accede thereafter, the agreement enters into force for them on the first day of the second month following their declaration of accession.
This Agreement shall be brought to the attention of the Federal Council upon its entry into force. The same shall apply to subsequent declarations of accession.
This Agreement is concluded for an indefinite duration.
When one or more cantons intend to propose amendments to the Agreement, these proposals are submitted to an interparliamentary commission designated in accordance with Article 9.
The interparliamentary commission takes a position on these proposed amendments according to the deliberation method defined in Article 10.
When the contracting cantons agree on an amendment to this Agreement, it is submitted for approval to their Parliaments.
1. This Agreement may be terminated at any time with a twelve-month notice period.
The canton that terminates the Agreement shall inform the Federal Council of this decision.
The Agreement remains in effect among the cantons that have not terminated it, provided that there are at least two such cantons.