CONVENTION concerning the participation of cantonal Parliaments in the drafting, ratification, execution and modification of intercantonal agreements and treaties of the cantons with foreign countries (CoParl) - Object of the Convention (CoParl)
Table of Provisions (23)
Statutory Text (23 Articles)
1. This agreement governs the involvement of the Parliaments of the contracting cantons in the process of drafting, ratifying, executing, and amending inter-cantonal agreements and treaties with foreign entities (hereinafter referred to as the inter-cantonal agreement or inter-cantonal agreements).
1. Each contracting canton’s Parliament shall, according to its own rules, designate a Committee responsible for handling foreign affairs (hereinafter: Foreign Affairs Committee).
1. The Government of each contracting canton regularly informs, but at least once a year, the Parliament of its canton about its activities in foreign policy.
2. The information report from the Government is submitted for review to the foreign affairs committee which, after having heard the Government and having gathered all useful information, proposes to the Parliament to take note of it.
3. When a Parliament intends to make a proposal to the Government of its canton, it proceeds according to its legislation.
1. The Interparliamentary Coordination Office is composed of one parliamentarian and one deputy per contracting canton, designated according to the legislation specific to each canton.
2. The Office appoints its president on a rotating 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 divided among the contracting cantons based on their population.
4. For the rest, it organizes itself and adopts its own regulations.
1. The Interparliamentary Coordination Office ensures the exchange of information and parliamentary coordination related to inter-cantonal and international matters that concern the contracting cantons.
2. It establishes and maintains up-to-date documentation on inter-cantonal collaboration and inter-cantonal agreements binding the contracting cantons.
3. It is the interparliamentary contact for the Conference of Governments of Western Switzerland (hereinafter: CGSO) and the Specialized Regional Conferences of Department Heads.
4. The minutes of the Office meetings are sent to the members of the external affairs commissions of the contracting cantons.
1. The CGSO and the Regional Specialized Conferences of Department Heads inform the Interparliamentary Coordination Office of the inter-cantonal agreements that are being developed under their guidance.
2. The Governments of the contracting cantons inform the Office of other agreements that are being developed.
1. The provisions of this chapter are applicable in cases where the conclusion or ratification of an intercantonal convention is subject to 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 intercantonal convention is subject to the approval of the Parliament (hereinafter: the concerned cantons), even if other contracting cantons participate in the intercantonal convention.
3. Each of the contracting cantons participating in the intercantonal convention shall determine, pursuant to its legislation, whether the conclusion or ratification of the intercantonal convention in question is subject to the approval of its Parliament.
1. At the conclusion of the negotiation process, the Government of each concerned canton shall transmit 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 transmission will be carried out by a specialized regional conference of department heads or by the CGSO.
1. The Parliaments of the concerned cantons establish an interparliamentary commission composed of seven representatives per concerned canton, appointed by each Parliament according to the procedure it applies for the designation of its commissions. The Interparliamentary Coordination Office informs the Governments of the concerned cantons or the Conference about this.
2. The Office invites the offices of the Parliaments of those cantons not party to this convention to send a delegation of seven representatives per canton, in which the conclusion or ratification of the inter-cantonal convention is subject to the approval of the Parliament, to the interparliamentary commission. These representatives have a consultative voice.
3. The interparliamentary commission may take a position on the draft inter-cantonal convention, within a sufficient timeframe set by the Governments of the concerned cantons.
1. The interparliamentary committee is convened by the secretariat of the Interparliamentary Coordination Bureau.
2. The committee meetings are not public. Its members are bound to confidentiality in their official duties.
3. During its inaugural session, the interparliamentary committee elects a president and a vice-president, selected from delegations of two different cantons. The election occurs in the first round by absolute majority, in the second round by relative majority.
4. The secretariat of the interparliamentary committee and the conservation of archives are ensured by the secretariat of the Interparliamentary Coordination Bureau.
5. The interparliamentary committee makes its decisions by the majority of deputies present from the concerned cantons.
6. The position of the interparliamentary committee is communicated to the Governments of the concerned cantons or to the Conference they designate. It includes the result of the vote within each cantonal delegation.
7. Representatives of the Governments of the concerned cantons or the Conference participate in the meetings of the interparliamentary committee with a consultative voice. The secretariat of the Interparliamentary Coordination Bureau informs these bodies of the holding of the interparliamentary committee and sends them, at least one month before the meeting, the proposed amendments.
8. The interparliamentary committee may establish its own rules of procedure.
1. The Governments of the concerned cantons or the Conference they have appointed shall inform the interparliamentary commission of the follow-up to its position before the signing of the inter-cantonal agreement.
2. The interparliamentary commission may, if necessary, formulate new proposals regarding the amendments submitted as part of its position.
1. Upon the recommendation of their foreign affairs committee, the presidencies of the parliaments of the concerned cantons may decide not to form an interparliamentary committee if the consultation confirms unanimity on this issue. They shall inform the governments of the concerned cantons or the Conference accordingly.
2. In such a case, each parliament or its competent committee may provide feedback on the proposed inter-cantonal agreement within a reasonable time frame set by the governments.
3. The governments of the concerned cantons or the designated Conference shall inform the members of the parliament or its competent committee of the actions taken in response to their positions before the signing of the inter-cantonal agreement.
1. Intercantonal agreements are subject, after being signed 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 committee or the Parliament, and respectively by its competent committee, supplemented by information from the Governments on the actions they have taken, is attached to the message addressed to the Parliaments.
1. When the Conference of Cantonal Governments or a Swiss Conference of Cantonal Heads of Department submits a draft of a nationally significant inter-cantonal agreement for consultation, the procedure outlined in Chapter 2 of this convention shall apply by analogy.
1. **In the event of an agreement creating an intercantonal institution or a joint organization, the contracting cantons shall agree to provide for, within the framework of parliamentary high oversight, an interparliamentary management audit of this intercantonal institution or joint organization.**
2. **The interparliamentary management audit shall be carried out by an interparliamentary audit committee composed of parliamentarians from each canton concerned.**
3. **The composition and specific powers of the interparliamentary audit committee shall be specified in the agreement creating the intercantonal institution or joint organization.**
4. **The interparliamentary management audit shall in all cases cover the following points:**
a. **the strategic objectives of the intercantonal institution or joint organization, and their achievement;**
b. **multi-year financial planning;**
c. **the budget and accounts of the intercantonal institution or joint organization;**
d. **the evaluation of the results obtained by the intercantonal institution or joint organization.**
5. **The interparliamentary audit committee shall produce a written report at least once a year. This report shall be transmitted to the Parliaments of the cantons concerned.**
6. **The budgetary and oversight powers of the Parliaments are reserved.**
7. **The secretariat of the interparliamentary audit committee and the archiving of its records shall be ensured by the secretariat of the Parliament of the host canton.**
8. **The interparliamentary audit committee may adopt its own rules of procedure.**
1. The Interparliamentary Control Commission may address interpellations, resolutions, or postulates to the concerned Governments or to the Conference they have designated, through the executive body of the intercantonal institution or the joint organization.
2. Each member may submit in writing a proposal aimed at the adoption of an interpellation, resolution, or postulate.
3. Any proposal is placed on the agenda to be debated.
4. The proposal is adopted if it receives the majority of votes.
1. An interpellation is a request for a motivated explanation concerning any matter within the competence of the executive body.
1. A resolution is a declaration or a request intended for the executive body or, through it, another instance, on any matter within the competence of the executive body.
1. The proposal charges the concerned Governments or the designated Conference with examining the appropriateness of adopting an act or taking a measure on any matter within the jurisdiction of the executive body.
2. The executive body shall submit a report to the interparliamentary control commission, within a period of six months, indicating how the concerned Governments or the designated Conference have acted upon the proposal or the reasons why they do not intend to act upon it.
1. This convention is open for accession by all the cantons.
2. Accession to this convention shall, where applicable, serve as denunciation of the Convention on the Negotiation, Ratification, Execution, and Modification of Intercantonal Conventions and Treaties of Cantons with Foreign Entities, dated March 9, 2001, as of its effective date.
1. This convention shall enter into force on January 1 of the year following the accession of five cantons to the aforementioned convention dated March 9, 2001.
2. For cantons that accede at a later date, the convention shall enter into force in their respect on the first day of the second month following their declaration of accession.
3. This convention shall be brought to the attention of the Federal Council upon its entry into force. The same shall apply to subsequent declarations of accession.
1. This agreement is concluded for an indefinite duration.
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 proposals for amendment according to the mode of deliberation defined in Article 10.
4. When the contracting cantons agree on an amendment to this agreement, it is submitted for approval by their Parliaments.
1. The present Convention may be denounced at any time subject to twelve months' notice.
2. The canton denouncing the Convention shall notify the Federal Council of this information.
3. The Convention shall remain in force between the cantons that have not denounced it as long as there are at least two such cantons.
Thus adopted by the representatives of the Governments party to the Convention of 9 March 2001 on the negotiation, ratification, implementation and amendment of intercantonal conventions and cantonal treaties with foreign states (Convention on Conventions) on 5 March 2010, in Geneva.