Legislator Case Law & Legislation
122.30-1 CH-BE

Subject Matter

14 Articles / Provisions · Switzerland · Canton of Bern
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Table of Provisions (14)

Art. 1 Agreement between the Federation and the Cantons concerning the Implementation, Application, and Development of the Schengen/Dublin Acquis Art. 2 Agreement between the Confederation and the Cantons concerning the Implementation, Application, and Development of the Schengen/Dublin Acquis Art. 3 Agreement between the Federation and the Cantons regarding Implementation, Application, and Development of the Schengen/Dublin Acquis Art. 4 Agreement between the Confederation and the Cantons regarding the Implementation, Application, and Development of the Schengen/Dublin Acquis Art. 5 Agreement between the Confederation and the Cantons regarding the Implementation, Application, and Development of the Schengen/Dublin Acquis Art. 6 Agreement between the Confederation and the Cantons regarding the Implementation, Application, and Development of the Schengen/Dublin Acquis Art. 7 Agreement between the Confederation and the Cantons regarding the Implementation, Application, and Development of the Schengen/Dublin Acquis Art. 8 Agreement between the Confederation and the Cantons concerning the Implementation, Application, and Development of the Schengen/Dublin Acquis - Adoption Procedure Art. 9 Agreement between the Confederation and the Cantons concerning the Implementation, Application, and Development of the Schengen/Dublin Acquis Art. 10 Agreement between the Confederation and the Cantons concerning the Implementation, Application, and Development of the Schengen/Dublin Acquis - Reporting Art. 11 Agreement between the Confederation and the Cantons regarding the Implementation, Application, and Development of the Schengen/Dublin Acquis Art. 12 Agreement between the Confederation and the Cantons concerning the Implementation, Application, and Development of the Schengen/Dublin Acquis Art. 13 Agreement between the Confederation and the Cantons regarding the Implementation, Application, and Development of the Schengen/Dublin Acquis Art. 14 Agreement between the Confederation and the Cantons concerning the Implementation, Application, and Development of the Schengen/Dublin Acquis

Statutory Text (14 Articles)

General Provisions

**1. The Agreement Specifically Regulates:**

a. the transmission of information between the Confederation and the cantons within the scope of the Schengen and Dublin Association Agreements;

b. the representation and participation of the cantons in the Joint Committees and working groups of the EU;

c. the development of joint positions of the Swiss delegations in the Joint Committees;

d. the mutual rights and obligations of the Confederation and the cantons in the implementation, application, and development of new legislative acts and measures of the EU according to Article 7 of the Schengen Association Agreement (SAA) and Article 4 of the Dublin Association Agreement (DAA) which are notified by the EU to Switzerland (hereinafter referred to as new legislative acts and measures).

General Provisions

1. The Confederation and the cantons work closely and amicably within their areas of responsibility in fields affected by Schengen/Dublin. The cantons particularly participate in the development as well as the application and implementation of the Schengen/Dublin acquis.

2. The Confederation and the cantons ensure the necessary organizational arrangements are made so that Switzerland’s international obligations under the SAA and the DAA are met in a timely and efficient manner.

3. They inform each other comprehensively and at an early stage about internal legislative projects in the application areas of the SAA and the DAA.

4. They exchange information regarding jurisprudence in these areas.

**3. Ensuring Information, Coordination, and Cooperation** 1. **Information Obligation** All parties involved are obligated to ensure the continuous flow of information relevant to the execution of their duties. This includes, but is not limited to, sharing updates and clarifications in a timely manner. 2. **Coordination** The coordination of activities must be consistent and well-organized to ensure efficiency and effectiveness. Cooperation between different departments and individuals is essential and must be actively promoted. 3. **Cooperation** All entities must work collaboratively to achieve common goals. Any challenges in cooperation should be addressed through mediated discussions, and solutions should be established through consensus wherever possible. This translation maintains the structure and formatting of the original text while using appropriate legal terminology.

For the proper application of this agreement, the Confederation and the cantons each designate a point of contact.

Ensuring Information, Coordination, and Cooperation

1. Confederation and cantons generally inform each other through their contact points.

2. The Confederation ensures that the information, data, and documents addressed to Switzerland by the EU are promptly transmitted to the cantons.

3. It operates an electronic portal that allows the Confederation and the cantons immediate access to information and data.

1. Ensuring Information, Coordination, and Cooperation

1. The Confederation and the cantons generally coordinate their positions internally before transmitting them through the contact points.

2. They coordinate the implementation in the application areas of the SAA and the DAA, particularly with regard to timing.

Development, Implementation, and Application of the Schengen/Dublin Acquis

The Cantons participate in the development of the Swiss positions in the Joint Committees and Working Groups of the EU in areas that fall within their competencies or affect their substantial interests.

They send representatives to federal working groups, which carry out the preparatory and background work for negotiations in the Joint Committees and Working Groups of the EU.

They are part of the Swiss delegation and participate in the Joint Committees and Working Groups of the EU.

The Swiss delegations in the Joint Committees and Working Groups of the EU are generally led by a representative of the Federal Government.

Development, Implementation and Application of the Schengen/Dublin Acquis

1. The Confederation promptly forwards the notifications received from the EU institutions concerning new legal acts or measures to be adopted by Switzerland within the framework of the Schengen/Dublin acquis to the contact point of the cantons.

Development, Implementation and Application of the Schengen/Dublin Acquis

1. The Confederation decides on the adoption of new legal acts and measures of the EU as well as the deadlines required for them.

2. If the Cantons conclude that the adoption of a new legal act or a new measure of the EU affects their competences or touches upon their essential interests, their opinion pursuant to Art. 5 para. 1 shall hold special significance.

Development, Implementation, and Application of the Schengen/Dublin Acquis

1. The Confederation and the Cantons ensure the timely implementation of legal acts or measures.

2. They inform themselves at an early stage about the initiated measures and the completion of the implementation work.

**Reporting and Bearing of Costs**

1. The Confederation and the Cantons shall report to the Mixed Committees, pursuant to Article 9, paragraph 1 of the SAA and Article 6, paragraph 1 of the DAA, on the interpretation and application of the Schengen and Dublin acquis by administrative authorities and courts.

2. Reporting and Bearing of Costs

1. The Confederation and the cantons shall bear their own costs associated with the implementation, application, and development of the Schengen/Dublin acquis as well as the costs of participation in the Mixed Committees and working groups of the EU.

2. The cantons shall make an appropriate contribution to the technical operation of the Schengen Portal in accordance with Article 4 paragraph 3.

Conflict Resolution

Disputes arising from this agreement are to be resolved amicably by the Federal Council and the Conference of Cantonal Governments (hereinafter referred to as CCG). Diverging views regarding the implementation, application, and further development of the Schengen/Dublin acquis are to be settled through negotiations.

Final Provisions

This agreement may be terminated in writing with a notice period of 6 months. The Confederation and the Cantons must fulfill their ongoing obligations in any case.

Final Provisions

1. This Agreement requires approval by all cantons.

2. The CdC informs the Federal Council of the approvals pursuant to para. 1.

3. The Federal Council shall set the date of entry into force of this Agreement after consultation with the CdC.

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