Legislator Case Law & Legislation
151.30 CoParl CH-NE

1 State - People - Authorities - 15 Authorities - 151 Grand Council - CHAPTER ONE Object and Institutional Framework (CoParl)

23 Articles / Provisions · Switzerland · Canton of Neuchâtel
Open official source Machine-readable Markdown (.md)

Table of Provisions (23)

Art. premier Convention Regarding the Participation of Cantonal Parliaments in the Process of Drafting, Implementing, and Modifying Intercantonal Conventions and Treaties of the Cantons with Foreign Entities (Convention on the Participation of Parliaments, CoParl), dated March 5, 2010 - Purpose of the Convention Art. 2 Convention concerning the participation of Cantonal Parliaments in the development, execution, and modification of inter-cantonal agreements and treaties of the cantons with foreign entities (Convention on Parliamentary Participation, CoParl), of March 5, 2010 Art. 3 Convention on the Participation of Cantonal Parliaments in the Process of Drafting, Executing, and Amending Intercantonal Agreements and Treaties of the Cantons with Foreign Entities (Convention on Parliamentary Participation, CoParl), of 5 March 2010 - Relations between Parliaments and Governments Art. 4 Convention on the Participation of Cantonal Parliaments in the Framework of the Preparation, Execution, and Amendment of Intercantonal Conventions and Cantonal Treaties with Foreign Entities (Convention on the Participation of Parliaments, CoParl), dated March 5, 2010 Art. 5 Convention on the Participation of Cantonal Parliaments in the Elaboration, Implementation, and Amendment of Intercantonal Conventions and Treaties of the Cantons with Foreign States (Convention on Parliamentary Participation, CoParl), dated March 5, 2010 Art. 6 Convention on the Participation of Cantonal Parliaments in the Preparation, Execution, and Amendment of Intercantonal Conventions and Cantonal Treaties with Foreign Entities (Convention on the Participation of Parliaments, CoParl), March 5, 2010 Art. 7 Convention on the Participation of Cantonal Parliaments in the Development, Execution, and Amendment of Intercantonal Conventions and of Treaties of the Cantons with Foreign Countries (Convention on the Participation of Parliaments, CoParl), dated March 5, 2010 Art. 8 Convention on the Participation of Cantonal Parliaments in the Drafting, Implementation, and Amendment of Intercantonal Conventions and Cantonal Treaties with Foreign Entities (Parliamentary Participation Convention, CoParl), of 5 March 2010 - Transmission to Parliaments Art. 9 Convention on the Participation of Cantonal Parliaments in the Development, Implementation, and Amendment of Intercantonal Conventions and Treaties of the Cantons with Foreign Entities (Convention on the Participation of Parliaments, CoParl), March 5, 2010 Art. 10 Convention on the Participation of Cantonal Parliaments in the Context of the Formation, Execution, and Amendment of Intercantonal Conventions and Cantonal Treaties with Foreign States (Convention on the Participation of Parliaments, CoParl), of 5 March 2010 Art. 11 Convention on the Participation of Cantonal Parliaments in the Preparation, Implementation, and Amendment of Intercantonal Conventions and Treaties of the Cantons with Foreign Countries (Convention on the Participation of Parliaments, CoParl), of March 5, 2010 Art. 12 Convention on the Participation of Cantonal Parliaments in the Preparation, Implementation, and Amendment of Intercantonal Agreements and Treaties of the Cantons with Foreign Entities (Convention on the Participation of Parliaments, CoParl), of 5 March 2010 Art. 13 Convention on the Participation of Cantonal Parliaments in the Elaboration, Execution, and Amendment of Intercantonal Agreements and Treaties of the Cantons with Foreign Entities (Convention on Parliamentary Participation, CoParl), March 5, 2010 - Approval Art. 14 Convention on the Participation of Cantonal Parliaments in the Preparation, Execution, and Amendment of Intercantonal Conventions and Treaties of Cantons with Foreign Entities (Convention on the Participation of Parliaments, CoParl), of March 5, 2010 Art. 15 Convention on the Participation of Cantonal Parliaments in the Drafting, Execution, and Amendment of Intercantonal Conventions and Treaties of Cantons with Foreign Countries (Convention on Parliamentary Participation, CoParl), of March 5, 2010 - Principles Art. 16 Convention on the Involvement of Cantonal Parliaments in the Preparation, Implementation, and Modification of Intercantonal Agreements and Treaties between Cantons and Foreign Entities (Convention on Parliamentary Involvement, CoParl), of March 5, 2010 Art. 17 Convention on the Participation of Cantonal Parliaments in the Development, Execution, and Amendment of Intercantonal Agreements and Treaties of Cantons with Foreign Countries (Convention on Parliamentary Participation, CoParl), of March 5, 2010 - Interpellation Art. 18 Convention on the Participation of Cantonal Parliaments in the Drafting, Implementation, and Amendment of Intercantonal Agreements and Cantonal Treaties with Foreign Countries (Convention on Parliamentary Participation, CoParl), of March 5, 2010 - Resolution Art. 19 Convention on the Participation of Cantonal Parliaments in the Framework of the Development, Implementation, and Amendment of Intercantonal Conventions and the Treaties of the Cantons with Foreign Countries (Convention on the Participation of Parliaments, CoParl), of March 5, 2010 Art. 20 Convention on the Involvement of Cantonal Parliaments in the Development, Implementation, and Amendment of Intercantonal Agreements and Treaties of the Cantons with Foreign Countries (Convention on the Participation of Parliaments, CoParl), of March 5, 2010 Art. 21 Convention on the Participation of Cantonal Parliaments in the Context of the Drafting, Execution, and Amendment of Intercantonal Conventions and Treaties of the Cantons with Foreign States (Convention on the Participation of Parliaments, CoParl), March 5, 2010 Art. 22 Convention Regarding the Participation of Cantonal Parliaments in the Development, Execution, and Modification of Intercantonal Conventions and Treaties of the Cantons with Foreign Entities (Convention on the Participation of Parliaments, CoParl), of March 5, 2010 Art. 23 Convention on the Participation of Cantonal Parliaments in the Development, Implementation, and Amendment of Intercantonal Agreements and Treaties of the Cantons with Foreign Entities (Convention on Parliamentary Participation, CoParl), of March 5, 2010

Statutory Text (23 Articles)

1 State - People - Authorities - 15 Authorities - 151 Grand Council - CHAPTER ONE Object and Institutional Framework

This convention governs the involvement of the parliaments of the contracting cantons in the process of drafting, ratifying, executing, and amending inter-cantonal conventions and treaties with foreign countries (hereinafter: the inter-cantonal convention or inter-cantonal conventions).

1 State - People - Authorities - 15 Authorities - 151 Grand Council - CHAPTER ONE Object and Institutional Framework

Each contracting canton's parliament shall, according to its own rules, appoint a Commission tasked with handling external affairs (hereinafter referred to as the external affairs commission).

1 State - People - Authorities - 15 Authorities - 151 Grand Council - CHAPTER ONE Object and Institutional Framework

1. The Government of each contracting canton shall regularly, but at least once a year, inform the Parliament of its canton about its activities in foreign policy.

2. The Government's information report is referred to the review of the Foreign Affairs Committee which, after having heard the Government and having gathered all useful information, proposes that the Parliament acknowledge it.

3. When a Parliament wishes to make a proposal to the Government of its canton, it proceeds in accordance with its legislation.

1 State - People - Authorities - 15 Authorities - 151 Grand Council - CHAPTER ONE Object and Institutional Framework

1. 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.

2. The Office appoints its president on a rotational basis from among its members for a period of two years.

3. The Office may have a permanent administrative secretariat, the costs of which are distributed among the contracting cantons according to their population.

4. Otherwise, it organizes itself and adopts its own regulations.

1 State - People - Authorities - 15 Authorities - 151 Grand Council - CHAPTER ONE Object and Institutional Framework

1. The Inter-Parliamentary Coordination Office ensures the exchange of information and parliamentary coordination related to inter-cantonal and international matters of interest to the contracting cantons.

2. It prepares and maintains updated documentation on inter-cantonal collaboration and inter-cantonal agreements binding the contracting cantons.

3. It serves as the inter-parliamentary contact point for the Conference of Western Swiss Governments (hereinafter referred to as CGSO) and the specialized regional conferences of department heads.

4. The minutes of the Bureau's meetings are sent to the members of the foreign affairs committees of the contracting cantons.

1 State - People - Authorities - 15 Authorities - 151 Grand Council - CHAPTER ONE Object and Institutional Framework

1. The SGDC and the Regional Specialized Conferences of Department Heads inform the Interparliamentary Coordination Office of inter-cantonal conventions that are being developed under their supervision.

2. The Governments of the contracting cantons inform the Office of other conventions that are being developed.

1 State - People - Authorities - 15 Authorities - 151 Grand Council - CHAPTER 2 Procedure for Adoption and Accession Relating to Intercantonal Conventions

1. The provisions of this chapter are applicable in cases where the conclusion or ratification of an inter-cantonal agreement requires the approval of the Parliament in at least two of the contracting cantons.

2. These provisions apply solely to the contracting cantons in which the conclusion or ratification of the inter-cantonal agreement is subject to parliamentary approval (hereinafter: the concerned cantons), even if other contracting cantons participate in the inter-cantonal agreement.

3. Each of the contracting cantons participating in the inter-cantonal agreement determines, pursuant to its legislation, whether the conclusion or ratification of the inter-cantonal agreement in question is subject to the approval of its Parliament.

1 State - People - Authorities - 15 Authorities - 151 Grand Council - CHAPTER 2 Procedure for Adoption and Accession Relating to Intercantonal Conventions

1. At the conclusion of the negotiation process, the Government of each concerned canton submits the draft inter-cantonal agreement to the Parliament, in accordance with its cantonal legislation.

2. The Governments of the concerned cantons may agree that this submission will be carried out by a specialized Regional Conference of heads of departments or by the CGSO.

1 State - People - Authorities - 15 Authorities - 151 Grand Council - CHAPTER 2 Procedure for Adoption and Accession Relating to Intercantonal Conventions

1. The Parliaments of the concerned cantons establish an interparliamentary commission composed of seven representatives from each concerned canton, appointed by each Parliament according to its procedure for appointing its committees. The Interparliamentary Coordination Office informs the Governments of the concerned cantons or the Conference.

2. The Office invites the bureaus of the Parliaments of the cantons not party to this convention to send a delegation of seven representatives per canton to the interparliamentary commission, in which the conclusion or ratification of the inter-cantonal convention is subject to the Parliament's approval. These representatives have an advisory vote.

3. The interparliamentary commission may take a position on the draft inter-cantonal convention within an adequate period set by the Governments of the concerned cantons.

1 State - People - Authorities - 15 Authorities - 151 Grand Council - CHAPTER 2 Procedure for Adoption and Accession Relating to Intercantonal Conventions

1. The interparliamentary commission is convened by the secretariat of the Interparliamentary Coordination Office.

2. The commission’s meetings are not public. Its members are bound to confidentiality regarding their official duties.

3. During its inaugural session, the interparliamentary commission elects a president and a vice-president, selecting them from delegates of two different cantons. The election is held by an absolute majority in the first round and by a relative majority in the second round.

4. The secretariat of the interparliamentary commission and the maintenance of its archives are handled by the secretariat of the Interparliamentary Coordination Office.

5. The interparliamentary commission makes its decisions by a majority of the deputies present from the concerned cantons.

6. The position taken by the interparliamentary commission is communicated to the Governments of the concerned cantons or to the Conference they designate. It includes a mention of the voting results within each cantonal delegation.

7. Representatives of the Governments of the concerned cantons or the Conference participate in the interparliamentary commission meetings with a consultative voice. The secretariat of the Interparliamentary Coordination Office informs these bodies of the commission meetings and sends them the amendment proposals at least one month before the meeting.

8. The interparliamentary commission may establish its own regulations.

1 State - People - Authorities - 15 Authorities - 151 Grand Council - CHAPTER 2 Procedure for Adoption and Accession Relating to Intercantonal Conventions

1. The governments of the concerned cantons or the conference they have designated shall inform the interparliamentary commission of the actions taken in response to its position before the signing of the inter-cantonal agreement.

2. The interparliamentary commission may, if necessary, make new proposals concerning the amendments submitted as part of its position.

1 State - People - Authorities - 15 Authorities - 151 Grand Council - CHAPTER 2 Procedure for Adoption and Accession Relating to Intercantonal Conventions

1. Upon recommendation from their foreign affairs committees, the offices of the parliaments of the concerned cantons may decide against forming an interparliamentary commission if the consultation process reveals unanimity on the matter. They shall inform the governments of the concerned cantons or the Conference of this decision.

2. In such a case, each parliament or its competent committee may express an opinion on the draft inter-cantonal agreement within a reasonable period set by the governments.

3. The governments of the concerned cantons or the Conference they have designated shall inform the members of the parliament or its competent committee of the outcome of their position before the signing of the inter-cantonal agreement.

1 State - People - Authorities - 15 Authorities - 151 Grand Council - CHAPTER 2 Procedure for Adoption and Accession Relating to Intercantonal Conventions

1. Inter-cantonal agreements are subject, after their signing by the Governments of the concerned cantons, to the approval of the Parliament, in accordance with the legislation specific to each canton.

2. The position taken by the interparliamentary commission or the Parliament, respectively by its competent commission, supplemented by the information from the Governments on the action they have taken, is attached to the message addressed to the Parliaments.

1 State - People - Authorities - 15 Authorities - 151 Grand Council - CHAPTER 3 Intercantonal Conventions with National Scope Developed within a Swiss Conference

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.

1 State - People - Authorities - 15 Authorities - 151 Grand Council - CHAPTER 4 Interparliamentary Management Control

**1. In the Case of an Agreement Establishing an Inter-Cantonal Institution or Joint Organization**

1. In the case of an agreement establishing an inter-cantonal institution or a joint organization, the contracting cantons agree to provide, within the framework of high-level parliamentary oversight, for inter-parliamentary management control of this inter-cantonal institution or joint organization.

2. The inter-parliamentary management control is exercised by an inter-parliamentary control committee composed of parliamentarians from each concerned canton.

3. The composition and specific powers of the inter-parliamentary control committee are specified in the agreement establishing the inter-cantonal institution or joint organization.

4. The inter-parliamentary management control covers, in all cases, the following points

a) the strategic objectives of the inter-cantonal institution or joint organization, and their achievement;

b) the multi-year financial planning;

c) the budget and accounts of the inter-cantonal institution or joint organization;

d) the evaluation of the results obtained by the inter-cantonal institution or joint organization.

5. The inter-parliamentary control committee prepares a written report at least once a year. This report is transmitted to the Parliaments of the concerned cantons.

6. The budgetary and oversight competencies of the Parliaments are reserved.

7. The secretariat of the inter-parliamentary control committee and the preservation of its archives are ensured by the secretariat of the Parliament of the host canton.

8. The inter-parliamentary control committee may adopt its own rules of procedure.

1 State - People - Authorities - 15 Authorities - 151 Grand Council - CHAPTER 4 Interparliamentary Management Control

1. The Interparliamentary Supervisory Commission may submit interpellations, resolutions, or motions to the concerned Governments or to the Conference they have designated, through the executive body of the inter-cantonal institution or the joint organization.

2. Each member may submit a written proposal aimed at the adoption of an interpellation, resolution, or motion.

3. Any proposal is placed on the agenda for discussion.

4. The proposal is adopted if it receives the majority of the votes cast.

1 State - People - Authorities - 15 Authorities - 151 Grand Council - CHAPTER 4 Interparliamentary Management Control

An interpellation is a request for a reasoned explanation on any matter within the competence of the executive body.

1 State - People - Authorities - 15 Authorities - 151 Grand Council - CHAPTER 4 Interparliamentary Management Control

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.

1 State - People - Authorities - 15 Authorities - 151 Grand Council - CHAPTER 4 Interparliamentary Management Control

1 The proposal instructs the concerned Governments or the designated Conference to examine the appropriateness of adopting an act or taking a measure on any matter within the competence of the executive body.

1 State - People - Authorities - 15 Authorities - 151 Grand Council - CHAPTER 5 Final Provisions

1. This convention is open to accession by all cantons.

2. Accession to this convention shall, where applicable, be deemed a denunciation of the Convention concerning the negotiation, ratification, execution, and amendment of inter-cantonal agreements and treaties of the cantons with foreign entities, dated March 9, 2001, effective as of the date of its entry into force.

1 State - People - Authorities - 15 Authorities - 151 Grand Council - CHAPTER 5 Final Provisions

1. This convention shall enter into force on January 1st of the year following the accession of five cantons to the aforementioned convention of March 9, 2001.

2. For the cantons that accede to it at a later date, the convention shall come into force with regard to them on the first day of the second month following their declaration of accession.

3. This convention shall be communicated to the Federal Council upon its entry into force. The same shall apply to subsequent declarations of accession.

1 State - People - Authorities - 15 Authorities - 151 Grand Council - CHAPTER 5 Final Provisions

1. This agreement is concluded for an indefinite period.

2. When one or more cantons intend to propose amendments to the agreement, these are submitted to an interparliamentary commission designated in accordance with Article 9.

3. The interparliamentary commission takes a position on these proposed amendments according to the deliberation method defined in Article 10.

4. When the contracting cantons agree on an amendment to this agreement, it is submitted for approval to their Parliaments.

1 State - People - Authorities - 15 Authorities - 151 Grand Council - CHAPTER 5 Final Provisions

1. This convention may be terminated at any time with twelve months' notice.

2. The canton that terminates the convention shall inform the Federal Council of this action.

3. The convention remains in force between the cantons that have not terminated it as long as there are at least two such cantons.

Thus adopted by the representatives of the Governments parties to the Convention of March 9, 2001, concerning the negotiation, ratification, execution, and modification of intercantonal conventions and the treaties of the cantons with foreign countries (Convention of Conventions).

Need to analyze how this provision applies to your matter?

Cross-reference this statute against case law, commentaries, and related legislative provisions inside Legislator AI.

Open in Legislator →