Act on intercantonal agreements (LConv) - Subject Matter (VertragsG)

1. This law governs the competencies of the Grand Council and the Council of State in the conclusion of agreements of the Canton of Fribourg with other cantons and with the Confederation (the agreements).

2. It specifically describes the roles of the Grand Council and the Council of State in the drafting and amendment of an agreement, in the approval of the canton’s accession to such an agreement, and in its implementation.

3. It applies accordingly to the conclusion of an agreement with foreign countries.

1. This law is applicable to contracts for which the Grand Council is responsible for the approval of the Canton of Fribourg's accession, regardless of the type of contract in question and its subject matter.

2. Articles 6 to 8, 13 paragraph 5, 14, and 16 to 18 are also applicable if this competence has been delegated to another authority.

1. Reserved Provisions: Supplementary or Contradictory Provisions in Intercantonal Law, Federal Law, and International Law Remain Reserved.

1. The Grand Council approves the accession of the canton to the agreements and their termination, unless this authority is delegated by this law or special legislation.

2. In accordance with this law, the legislation concerning the Grand Council, and the superior law, it is involved in initiating the procedure, negotiating, and implementing the agreements.

1. Approval of accession to a treaty, termination of a treaty, and the recognition of the significance of parliamentary motions are deliberated by the Grand Council in the plenary session.

2. The further competencies of the Grand Council are typically exercised by the Committee on Foreign Affairs (the foreign committee) or by the members of the Grand Council who have been delegated to inter-parliamentary bodies or treaty bodies.

3. The foreign committee and the delegated persons shall adequately report to the Grand Council on their activities.

1. The State Council negotiates the treaties, signs them, and may terminate them; the rights of the Grand Council remain reserved.

2. It approves the canton’s accession to treaties if this authority is delegated to it by this law or by a special law.

3. It represents the canton in any proceedings for dispute resolution.

1. The Council of State approves the accession to agreements of subordinate importance, namely those concerning matters for which it is responsible according to cantonal law, or those that serve the implementation of agreements approved by the Grand Council.

2. The Council of State may delegate its powers pursuant to Article 66 of the Law of October 16, 2001, on the Organization of the Council of State and the Administration.

1. When the interest of the canton requires it, the Council of State or one of its directorates shall, ex officio, participate in negotiations with others or initiate such negotiations.

2. The Council of State may at any time seek the opinion of the external commission, particularly regarding whether actions should be taken with other cantons or regarding the possible decisions in planned or ongoing negotiations.

1. Except for the mandate, all parliamentary initiatives may involve the drafting, enactment, execution, and termination of contracts.

2. The Grand Council can, in particular, request the State Council

a) with a submission to initiate negotiations for the drafting or amendment of a contract or to commence a dispute resolution process;

b) with a postulate, obligate the conduct of a study on whether steps should be taken to draft, amend, or terminate a contract;

c) with a motion, compel the submission of a draft decree regarding accession to a contract or the termination of such a contract.

1. The State Council shall inform the Grand Council in a timely and comprehensive manner at each important stage of the negotiations and, if applicable, of the consequences given to parliamentary statements. However, it shall ensure that the necessary confidentiality of the negotiations is maintained.

2. The Foreign Affairs Committee shall be regularly informed. The information is generally provided orally at one of its meetings; multiple negotiations are combined into a single agenda item.

3. The right of the President of the Grand Council to inspect the documents (Art. 98 para. 2 KV) and the information provided in the State Council's annual activity report (Art. 17) are reserved.

1. Before declaring a parliamentary initiative significant for inter-cantonal cooperation, the Foreign Affairs Committee issues its opinion. It consults the Council of State before providing its opinion on a submission requesting the Council to initiate negotiations.

2. The Foreign Affairs Committee may issue opinions, recommendations, and motions on ongoing negotiations.

3. The Foreign Affairs Committee may comment on the outcome of the negotiations before the treaty is signed unless an interparliamentary commission is entrusted with this task. The Foreign Affairs Committee ensures that the signing of the treaty is not delayed.

4. The opinion of the Foreign Affairs Committee is not binding on the Council of State. However, the Council appropriately informs the negotiation partners of this opinion.

1. The Foreign Affairs Commission appoints, from among its members, the representatives of the Canton of Fribourg on the interparliamentary commissions tasked with providing positions on the approval or amendment of a treaty; it informs the office of the Grand Council thereof.

1. The message accompanying the draft ordinance for the approval of accession to a treaty shall be appended with the opinion of the foreign affairs committee or the interparliamentary committee concerning the outcome of the negotiations. If necessary, the State Council shall explain why this opinion was not followed.

2. Normally, the draft ordinance is reviewed by the foreign affairs committee. However, the office can assign this review to another committee; this committee shall obtain the opinion of the foreign affairs committee if necessary.

3. The ordinance by which the Grand Council approves the accession to a treaty or its termination takes the form of a law if the treaty contains provisions setting rights. In all other cases, it takes the form of a decree.

4. In the case of an ordinance for approving accession, political rights may be exercised in accordance with the relevant provisions.

5. The ordinance for approving accession and the text of the treaty, or the ordinance for termination, shall be published in accordance with the legislation on the publication of ordinances.

1. Following the promulgation of the decree approving the accession, the Council of State ratifies the treaty according to the procedure provided either in the treaty itself or in additional provisions of inter-cantonal law. If no procedure is provided, it sends an official notification to the partner cantons or to the body responsible for the administration of the treaty.

2. The Council of State ensures that the treaty and the accession of the Canton of Fribourg are brought to the attention of the federal government.

3. The updated information regarding the validity of the treaty is published in accordance with the legislation concerning the publication of decrees.

1. The contract shall be implemented in accordance with applicable federal law and applicable inter-cantonal law.

2. The members of the Grand Council who are delegated to contract bodies are elected by the Grand Council upon the recommendation of the foreign affairs committee. At least two members of each delegation must belong to the foreign affairs committee. The remaining members of the foreign affairs committee are alternates to ensure a complete delegation from Freiburg, unless superior law provides otherwise.

1. If the Council of State intends to initiate a dispute resolution procedure or if the canton is being held liable in such a procedure, the Council of State shall inform the foreign affairs committee and the individuals representing the canton in the bodies of the respective agreement.

1. The chapter of the annual activity report of the State Council concerning foreign relations contains a section on inter-cantonal law, in which the Grand Council is specifically informed about the application of the treaties.

2. The Foreign Affairs Commission reviews this chapter, consults with the State Council, and submits its opinion on the matter to the Grand Council.

1. The Council of State maintains a register of the treaties to which the Canton of Fribourg is a party or ensures that it has an instrument that enables it to easily create such a register.

2. The register includes, among other things, information regarding the territorial and temporal scope of each treaty and, if applicable, useful information for the supervision of its implementation by the Grand Council.

3. The departments ensure that the data concerning the treaties within their jurisdiction is updated. Additionally, the Council of State ensures that the register is regularly checked for accuracy and completeness.

1. The Great Council Act of September 6, 2006 (GCA) (SGF 121.1) is amended as follows

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1. The Agriculture Act of October 3, 2006 (AgricA) (SGF 910.1) is amended as follows

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1. The Act of May 15, 1979, on Fisheries (SGF 923.1) is amended as follows

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1. This law shall enter into force on January 1, 2010.

2. It is subject to a legislative referendum. It is not subject to a financial referendum.