The Federal Council had already determined the structure of the matters to be submitted for approval in December 2024, which would include stabilisation and further development sections. Today, it confirmed that decision and will submit four separate federal decrees subject to a referendum: one concerning the stabilisation of bilateral relations and three regarding further developments on food safety, electricity and health. This approach respects the constitutional requirement for consistency of subject matter.
The Federal Council initially discussed submitting the new agreements with the EU to a referendum at its meeting on 26 June 2024. At that meeting, it decided to defer the decision until after the negotiations had been completed and in the context of presenting the dispatch to Parliament. The Federal Council carefully assessed the results of the negotiations, undertook a thorough review of past decisions taken in similar cases, considered prevailing legal opinion, and held discussions with the cantons and
foreign affairs committees of the Parliament. It concluded that an optional referendum was the most broadly supported and politically viable solution from a constitutional point of view.
Political continuity and coherence
This approach is in line with the practice previously followed for Bilaterals I and II, although the Schengen/Dublin Agreement, in particular, represents a step further in the dynamic adoption of legislation than that provided under the current package agreement. However, the Federal Council concluded at the time that “the new agreements will not lead to any fundamental change in our system of government and therefore do not affect the constitutional order” (BBl 2004 5965, 6288). In deciding to call an optional referendum, the Federal Council is ensuring coherence with its previous practice and maintaining the continuity of Switzerland's European policy.
This option also takes account of voters' rejection of the popular initiative ‘Staatsverträge vors Volk’ ('International agreements: let the people have their say') in 2012. In that referendum, 75.3% voted against mandatory referendums on international agreements that include material provisions having the force of law.
Room for manoeuvre for Parliament and the cantons
The option chosen by the Federal Council allows the agreements to be linked formally to their national implementation. From a democratic standpoint, this is also the most compelling solution, particularly in terms of key domestic measures in relation to wage protection and immigration.
The fundamental question of a mandatory referendum on international agreements sui generis remains unaffected by the Federal Council's decision. Today's decision creates maximum room for manoeuvre for Parliament and the cantons. Parliament will debate the issues and make a final determination on the matter.
Geopolitical situation
In view of the tense geopolitical situation, the Federal Council believes that it is strategically necessary for Switzerland to maintain stable, reliable relations with the EU and neighbouring countries to ensure stability, independence and prosperity.
The Swiss–EU package does not therefore represent a fundamental change of direction but a targeted step towards strengthening and further developing the tried-and-tested bilateral approach.
Next stages
It is envisaged that the texts of the agreements will be initialled in May in Bern. The Federal Council intends to launch a regular consultation on the draft dispatch before the summer recess. At the same time, the translated agreements will be published, forming part of the documents submitted for consultation.
The decision taken by the Federal Council today regarding the structure of the matters to be submitted for approval by Parliament and the nature of the referendum will be incorporated directly into the bill submitted for consultation and subsequently provide the basis for the dispatch to be submitted to Parliament.
Address for enquiries:
FDFA Communication Bundeshaus West 3003 Bern +41 58 460 55 55 kommunikation@eda.admin.ch
