Legal provisions for agenda initiatives at national level

FEDERAL CONSTITUTION OF THE SWISSCONFEDERATION

(Adopted1999; last amended 2013)

http://www.admin.ch/ch/e/rs/c101.html

Title 2: Fundamental Rights,Citizenship and Social goals

Chapter One: Fundamental Rights

Art. 33 Right of petition

(1) Every person hasthe right, without prejudice, to petition the authorities.

(2) The authoritiesmust acknowledge receipt of such petitions.


FEDERAL ACT ONPARLIAMENT

(Adopted 2002; last amended 2011)

http://www.admin.ch/ch/e/rs/c171_10.html

Title 5. Procedure in theFederal Assembly

Chapter 7. Procedure for Petitions andSubmissions

Section 1: Petitions

Art. 126 General Provisions

(1) The responsible committee in eachCouncil shall decide whether to endorse a petition or whether it shall requestits Council not to endorse the petition.

(2) If the subject of the petition canbe presented in the form of a proposal relating to a matter pending forconsideration, the committee shall report on the petition to the Council whenit is dealing with that business. The committee shall decide either to submit aproposal on the matter or dispense with a proposal. The petition shall beabandoned without a Council decision as soon as the matter has been dealt with.

(3) Following the conclusion of the consideration of apetition, the Parliamentary Services shall notify the petitioners as to whethertheir concerns have been taken into account.

(4) The presidents of the committees responsible forthe preliminary examination in each Council may respond directly to a petitionif:

a.     its aim cannot beachieved by a parliamentary initiative, a procedural request or a proposal; or

b.     its content is clearlyabsurd, querulous or offensive.

The'agenda initiative' in Switzerland is little more than a right to petition anygovernment organ or legislature to do something - pass legislation, change theconstitution, etc. The respective agency or organ is not under a legalobligation to consider such proposals - they merely have to acknowledge them(Art. 33, Federal Constitution).Parliament generally adopts a formal decision on petitions, which are, however,not open to legal remedies (Art. 126, FederalLaw on Parliament).