Framework Agreement on Intercantonal Cooperation with Burden Sharing (Framework Agreement, IRV) (Rahmenvereinbarung, IRV) - Purpose and Scope (KDK)

1. The Framework Agreement governs the principles and procedures of inter-cantonal cooperation with burden sharing.

2. It forms the basis for inter-cantonal cooperation agreements in the areas pursuant to Article 48a of the Federal Constitution.

3. Cantons may subject inter-cantonal cooperation agreements to other areas of responsibility of the Framework Agreement.

1. Inter-cantonal cooperation with burden sharing aims for a needs-based and economical fulfillment of tasks.

2. It is to be structured in such a way that the beneficiaries are also the bearers of costs and decision-making authority.

3. The Conference of Cantonal Governments (CcG) publishes a report every four years on the status of the application of the principles of inter-cantonal cooperation.

1. The cantons undertake to appropriately observe the principles of subsidiarity and fiscal equivalence also in their internal cantonal relationships.

1. Cantonal governments are obligated to inform the cantonal parliaments in a timely and comprehensive manner about existing or intended agreements in the field of inter-cantonal cooperation with burden sharing.

2. Additionally, cantonal law regulates the participatory rights of the parliaments.

1. Declarations of accession, declarations of withdrawal, and requests for amendments to the framework agreement must be deposited with the KdK.

2. The KdK determines the entry into force and the cessation of the framework agreement and conducts any possible amendment procedure.

3. It elects the members of the Intercantonal Contractual Commission (IVK) and approves their rules of procedure.

1. The President of the CdC is responsible for the informal pre-procedure within the framework of the dispute resolution process.

1. The IVK is responsible for the Formal Mediation Procedure within the framework of the dispute resolution process.

2. It consists of six members, who are elected by the KdK for a term of four years. When electing, appropriate representation of the language regions must be considered.

3. It adopts its own rules of procedure.

4. The KdK bears the provision costs of the IVK. All further costs shall be borne by the parties in accordance with Article 34 paragraph 5.

1. Service provider is a canton or a joint authority, within whose jurisdiction the provision of services falls.

2. Service purchaser is the canton that provides remuneration for the services.

3. Service producer is the one who produces a service.

4. Service recipient is the one who utilizes a service.

5. Applicants within the meaning of Art. 13 and 23 are potential service recipients.

1. The Framework Agreement governs the following forms of inter-cantonal cooperation with burden sharing

a) joint sponsorship;

b) service purchase.

1. A joint sponsorship is defined as an organization or institution formed by two or more cantons with the purpose of jointly providing certain services within the scope of inter-cantonal cooperation with a burden-sharing arrangement.

2. The cantons participating in a joint sponsorship are referred to as sponsoring cantons.

1. The law at the seat of the joint authority applies.

2. Subject to different provisions in the respective inter-cantonal agreements.

1. The sponsoring cantons generally have equal rights of participation and involvement in the sponsorship. These can be weighted according to financial contribution in exceptional cases.

2. The rights of participation and involvement are comprehensive and extend to all areas of service provision.

1. Applicants from the sponsoring cantons have equal access to the services.

1. The sponsoring cantons shall ensure effective supervision over the management and administration of the joint sponsorship.

2. They shall assign the supervisory functions to suitable bodies. All sponsoring cantons are to be granted a seat in these bodies.

1. In the case of joint sponsorships, interparliamentary supervisory commissions shall be established.

2. The allocation of seats shall generally be on a parity basis. In exceptional cases, it may be based on the financing key, provided that each canton is granted minimum representation.

3. The interparliamentary supervisory commission shall be informed in a timely and comprehensive manner about the activities of the joint sponsorship.

4. Interparliamentary supervisory commissions may propose amendments to the contract to the sponsoring cantons. They shall have appropriate participatory rights in the development of a performance mandate and a global budget.

1. New supporting cantons shall pay a buy-in amount corresponding to the current value proportionate to the investments made by the existing supporting cantons.

2. The existing supporting cantons are entitled to the buy-in amount to the extent of the investments they have made.

3. The admission procedure shall be regulated in inter-cantonal agreements.

1. The withdrawal procedure and the conditions of withdrawal, including any potential compensation claims of withdrawing member cantons, are to be governed by the inter-cantonal agreements.

2. Withdrawing member cantons are liable for obligations incurred during the period of their co-sponsorship.

1. Any potential proceeds from dissolution and liquidation are to be distributed proportionally among the contracting parties according to their respective shares.

2. For any obligations existing at the time of dissolution, the participating cantons are jointly and severally liable, unless the inter-cantonal agreements provide otherwise.

1. The supporting cantons are subsidiarily and jointly liable for the obligations of joint sponsorships.

2. The supporting cantons are liable for persons they delegate to inter-cantonal bodies.

3. Deviating provisions in the respective inter-cantonal agreements remain reserved.

1. The supporting cantons must be informed in a timely and comprehensive manner about the activities of the joint sponsorship.

1. A performance purchase can be effected through compensation payments, exchange of performances, or hybrid forms of payment and exchange.

1. Buyers of services are typically granted at least a partial right to participate in decision-making.

1. Applicants from the contracting cantons are fundamentally granted equal access to the services.

2. In the event of admission restrictions, applicants from contracting cantons are given priority over those from non-contracting cantons.

3. In the event of admission restrictions, applicants from the supporting cantons are given priority over those from cantons that are service purchasers.

1. Service purchasers shall be periodically informed by the service provider about the services rendered.

1. The basis for the determination of compensations shall be transparent and comprehensible cost and performance accounts.

2. The cantons involved in a contract shall develop the requirements for the cost and performance accounts.

1. Prior to commencing negotiations, the negotiating parties shall outline the benefits and advantages they will receive, as well as the costs and adverse effects they will incur. Service providers must provide evidence of the costs incurred.

2. The cantons are obligated to provide the necessary documentation.

1. Services with significant costs, for which out-of-canton recipients do not cover, are compensated by payments from the cantons.

2. The determination of compensation and the other contractual contents is fundamentally a matter for the contracting parties.

1. The basis for determining the compensation is the average full costs.

2. The compensation is performance-oriented and depends on the actual utilization of the services.

3. Additional criteria for determining the compensation are

a) granted or claimed co-determination and participation rights;

b) the access granted to the range of services;

c) significant location advantages and disadvantages in connection with the provision and receipt of services;

d) transparency of cost evidence;

e) economic efficiency of service provision.

1. The service provider undertakes to provide compensation to the service creator, insofar as the latter bears the costs for providing the service.

1. If the service providers are municipalities, they shall be granted a right to be heard and to participate.

2. An inter-cantonal agreement may grant municipalities or organizations they support a direct claim to compensation.

1. The cantons and inter-cantonal bodies strive to resolve disputes arising from existing or intended inter-cantonal agreements through negotiation or mediation.

2. They undertake to participate in the dispute resolution procedure described below in connection with inter-cantonal cooperation with cost compensation before filing a lawsuit according to Article 120 paragraph 1 letter b of the Federal Judiciary Act of June 17, 2005.

3. The dispute resolution procedure may also be invoked by non-agreement cantons as well as inter-cantonal bodies not based on the IRV.

1. The dispute resolution procedure is two-tiered. It consists of an informal preliminary procedure before the Presidium of the CdC and a formal mediation procedure before the IVK.

2. Each canton and every inter-cantonal body may initiate the dispute resolution procedure for this purpose by submitting a written mediation request to the Presidium of the CdC.

1. Upon receipt of the request for mediation, the President of the Conference of Cantonal Governments (KdK) or another individual designated by them as the mediator invites the representatives of the involved parties to a discussion.

2. With the consent of the parties involved, a person particularly qualified in the field of mediation may be consulted.

3. If the informal preliminary procedure does not lead to an agreement within six months from the receipt of the mediation request, the mediator initiates the formal mediation procedure before the Intercantonal Arbitration Commission (IVK).

1. The IVK notifies the parties of the initiation of the formal mediation procedure.

2. The members of the IVK appoint a person as the chairperson for the pending mediation procedure. If they cannot agree on a joint proposal within one month or if the appointed person is rejected by a party, the President of the Federal Supreme Court is requested to appoint a chairperson for the mediation procedure.

3. The initiation of the mediation procedure must be reported to the Federal Chancellery, indicating the subject matter of the dispute. If federal interests are impacted by the dispute, the Federal Council may designate a person to participate as a federal observer in the mediation procedure.

4. The parties have the right to document their differing positions in writing for the IVK and are given the opportunity to present them orally before the IVK. A record of the proceedings is to be kept.

5. The outcome is recorded by the IVK in a document for the parties involved. This document shall also specify the allocation of the procedural costs among the parties.

6. The parties agree to file any lawsuit with the Swiss Federal Supreme Court within six months following the formal notification of any potential failure of the mediation procedure.

7. They agree to submit the documents from the dispute resolution procedure to the court records.

1. Accession to the framework agreement becomes effective upon notification to the Conference of Cantonal Governments (KdK).

2. Any canton may withdraw by declaration to the KdK. The withdrawal becomes effective at the end of the calendar year following the declaration.

3. The declaration of withdrawal may be made at the earliest at the end of the 5th year after the entry into force and five years after accession.

1. The framework agreement shall enter into force when it has been acceded to by 18 cantons.

1. The framework agreement is valid indefinitely.

2. It ceases to be in force if the number of members falls below 18.

1. Upon the request of three cantons, the intercantonal conference (KdK) initiates the amendment of the framework agreement. It enters into force under the conditions of Article 36.