Kanton Glarus (IRV)

Purpose and Scope

1 This framework agreement regulates the principles and procedures of intercantonal cooperation with burden sharing.

2 It forms the basis for intercantonal cooperation agreements in the areas according to Article 48a of the Federal Constitution.

3 Cantons may subject intercantonal cooperation agreements in other areas of responsibility to this framework agreement.

Goals of Intercantonal Cooperation with Burden Equalization

1 Intercantonal cooperation with burden equalization aims to achieve a needs-based and economical fulfillment of tasks.

2 It must be designed in such a way that the beneficiaries are also cost and decision-makers.

3 The Conference of Cantonal Governments (KdK) publishes an accountability report every four years on the status of the application of the principles of intercantonal cooperation.

Inter-Cantonal Cooperation with Burden Equalization

1 The cantons commit to observing the principles of subsidiarity and fiscal

equivalence analogously within inter-cantonal relationships as well.

Position of Cantonal Parliaments

1 The cantonal governments are obliged to inform the cantonal parliaments in a timely and comprehensive manner about existing or intended agreements in the field of intercantonal cooperation with burden sharing.

2 For the rest, cantonal law regulates the participation rights of the parliaments.

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1.2. Responsibilities and Competencies

Conference of Cantonal Governments

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

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

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

Presidency of the KdK

¹ The President of the KdK is responsible for the informal preliminary proceedings within the framework of the dispute resolution procedure.

Intercantonal Contract Commission

1 The ICC is responsible for the formal mediation procedure within the framework

of the dispute resolution procedure.

2 It consists of six members, who are elected by the CoC for a term of office

of four years. When electing, due consideration must be given to an appropriate

representation of the language regions.

3 It adopts its own rules of procedure.

4 The CoC bears the provision costs of the ICC. All other costs are

to be borne by the parties in accordance with Article 34, Paragraph 5.

1.3. Definitions

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¹ The service provider is a canton or a joint body whose area of responsibility includes the provision of services.

² The service purchaser is the canton that remunerates the services.

³ The service producer is whoever produces a service.

⁴ The service recipient is whoever makes use of a service.

⁵ Demanders within the meaning of Articles 13 and 23 are potential service recipients.

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2. Forms of Intercantonal Cooperation with Compensation

1 The framework agreement governs the following forms of intercantonal co-

operation with financial equalization

a.

b.

joint sponsorship;

the purchase of services.

2.1. Joint Sponsorship

Definitions

1 A joint body is an organization or institution of two or more cantons that has the purpose of jointly providing specific services within the framework of intercantonal cooperation with burden equalization.

2 The cantons involved in a joint body are referred to as supporting cantons.

Applicable Law

1 The law at the seat of the joint body shall apply.

2 Deviating provisions in the respective intercantonal agreements are reserved.

Rights of the Sponsoring Cantons

1 The sponsoring cantons generally have equal rights of co-determination and participation in the sponsorship. These may exceptionally be weighted according to their financial contribution.

2 The rights of co-determination and participation are comprehensive and extend to all areas of service provision.

Equal Access

1 Demand-side parties from the supporting cantons have equal access to the services.

Oversight

¹ The canton bearers shall ensure effective oversight of the management and administration of the joint body.

² They shall delegate the oversight functions to suitable bodies. All canton bearers must be enabled to participate in these bodies.

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Business Audit

1 In joint bodies, interparliamentary business audit committees are established.

2 The allocation of seats is generally based on parity. In exceptional cases, it may be guided by the funding key, whereby each canton must be granted a minimum representation.

3 The interparliamentary business audit committee is informed promptly and comprehensively about the work of the joint body.

4 Interparliamentary business audit committees may propose amendments to the agreement to the cantons operating the joint body. They have appropriate participation rights within the framework of developing a service mandate and global budget.

Admission

1 New supporting cantons shall pay an admission fee corresponding proportionally to the current value of the investments made by the existing supporting cantons.

2 The existing supporting cantons shall be entitled to the admission fee to the extent of the investments made by them.

3 The admission procedure shall be regulated in the intercantonal agreements.

Withdrawal

1 The withdrawal procedure and conditions, including any claim for compensation by withdrawing sponsoring cantons, are to be regulated in intercantonal agreements.

2 Withdrawing sponsoring cantons are liable for obligations that arose during the period of their co-sponsorship.

Dissolution

1 Any dissolution and liquidation proceeds shall be distributed proportionally

among the contracting parties according to their respective participations.

2 The cantons shall be jointly and severally liable for any obligations existing

at the time of dissolution, unless otherwise provided by intercantonal treaties.

### Liability

1 The cantons responsible for the joint bodies are subsidiarily and jointly and severally liable for their liabilities.

2 The cantons responsible are liable for persons whom they delegate to intercantonal bodies.

3 Deviating provisions in the respective intercantonal agreements remain reserved.

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Information

1 The cantons responsible are to be informed in a timely and comprehensive manner about the activities of the joint sponsorship.

2.2. Procurement of services

Forms of Performance Purchase

1 A performance purchase can be made by means of equalisation payments, exchange of services, or mixed forms of payment and exchange.

Involvement of Service Purchasers

1 Service purchasers are generally granted at least a partial right of co-determination.

Access to Services

1. Requesters from the contracting cantons generally have equal access to services.

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

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

Information Exchange

1 The service purchasers are to be periodically informed by the service

provider about the services rendered.

3. Load Equalization

3.1. Bases for Determining Remuneration

Cost Accounting and Performance Statements

1 Transparent and comprehensible cost accounting and performance statements form the basis for determining the remunerations.

2 The cantons involved in a contract develop the requirements for the cost accounting and performance statements.

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Cost-Benefit Analysis

1 Before commencing negotiations, the negotiating partners shall set out

what services and benefits they will receive and what costs

and adverse effects they will bear. The service providers

shall demonstrate the incurred costs.

2 The cantons are obliged to provide the necessary documents.

3.2 Principles for Compensation

Compensation for Service-Related Payments from Other Cantons

1 Services involving significant costs, for which out-of-canton service recipients do not pay, are compensated through equalization payments from the cantons.

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

Criteria for Remuneration

1 The basis for determining the remuneration is the average full cost.

2 The remuneration is outcome-oriented and is based on the effective utilisation of services.

3 Further criteria for determining the remuneration are

a. granted or claimed rights of co-determination and participation;

b. the granted access to the range of services;

c. significant location advantages and disadvantages in connection with the provision and procurement of services;

d. transparency of cost accounting;

e. economic efficiency of service provision.

Remuneration of the Service Creator

1 The service provider undertakes to ensure that the remuneration accrues to the service creator, to the extent that the latter bears the costs for the creation of the service.

Municipalities as Service Providers

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

2 In an intercantonal agreement, municipalities or organizations supported by them can be granted a direct claim to compensation.

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4. Dispute Resolution

Principle

1 The cantons and intercantonal bodies shall endeavor to settle disputes arising from existing or intended intercantonal treaties through negotiation or mediation.

2 They undertake to participate in the dispute resolution procedure described below for all disputes in connection with intercantonal cooperation involving burden equalization, before filing a lawsuit in accordance with Article 120 paragraph 1 letter b of the Federal Supreme Court Act of June 17, 2005.

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

### Dispute Resolution Procedure

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

2 Any canton and any intercantonal body may, for this purpose, initiate the dispute resolution procedure by submitting a written request for mediation to the Presidium of the KdK.

Informal Preliminary Procedure

1 Upon receipt of the request for conciliation, the President of the KdK, or another person designated by them, as conciliator, invites the representatives of the involved parties to a discussion.

2 By agreement with the parties, a person particularly skilled in the field of mediation may be engaged.

3 If the informal preliminary procedure does not lead to an agreement within six months of the receipt of the request for conciliation, the conciliator initiates the formal conciliation procedure before the IVK.

Formal Mediation Procedure

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

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

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3 The initiation of the mediation procedure, specifying the subject matter of the dispute, must be notified to the Federal Chancellery. If federal interests are affected by the dispute, the Federal Council may designate a person to participate as an observer of the Confederation in the mediation procedure.

4 The parties are entitled to record in writing and document their divergent positions for the IVK, and they are given the opportunity to express themselves orally before the IVK. Minutes of the hearing must be kept.

5 The outcome is recorded by the IVK in an instrument for the parties involved. This instrument must also regulate the apportionment of procedural costs among the parties.

6 The parties undertake to file any potential action before the Swiss Federal Supreme Court within six months of formal notification of any potential failure of the mediation procedure.

7 They undertake to append the documents of the dispute resolution procedure to the court file.

5. Final Provisions

Accession and Withdrawal

1 Accession to the framework agreement becomes effective upon notification to the 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 submitted no earlier than the end of the fifth year since the agreement came into force and five years after accession.

Entry into Force

¹ The framework agreement shall enter into force when 18 cantons have acceded to it.¹)

Duration of Validity and Termination

1 The framework agreement is valid indefinitely.

2 It terminates if the number of members falls below 18.

Amendment of the Framework Agreement

1 Upon application by three cantons, the CdC shall initiate the amendment of the framework agreement. It shall enter into force under the conditions set out in Article 36.

1) Entered into force: May 11, 2007

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