Which institutions can propose an alternative to proposals contained in a citizens' initiative?

Switzerland

Switzerland

Answer
  • Government
  • Legislature
Source

A counter-proposalmay be made if the initiative is in the form of a specific draft for a partialrevision of the Federal Constitution.The Federal Council may also draft a counter-proposal for the consideration ofthe Federal Assembly (Art. 97(2), FederalAct on Parliament).

?Parliamentcan make a counter-proposal to an initiative. Counter-proposals are usuallymade when the government and parliament see the initiative as a threat becauseit might be too radical although it is recognized that the issue itself isimportant. Counter-proposals tend to be less radical than the initiatives andin between the demand of the initiative and the status quo. They are also oftenmade for strategic reasons. Counter-proposals can be indirect (meaning thatthey include a law which then is subject to an optional referendum) or direct(meaning that they propose a constitutional change which is submitted to acompulsory referendum at the same date as the initiative).? (p. 24-25)

GeorgLutz, ?Switzerland: Citizens? Initiatives as a Measure to Control the PoliticalAgenda,? in Maija Set?l? and Theo Schiller, eds.: Citizens? Initiatives in Europe: Procedures and Consequences ofAgenda-Setting by Citizens. Basingstoke: Palgrave Macmillan, 2012.

FEDERAL CONSTITUTION OF THE SWISSCONFEDERATION

(Adopted1999; last amended 2013)

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Title 4: The People and the Cantons

Chapter 2: Initiative and Referendum

Art. 139 Popular initiative requestinga partial revision of the Federal Constitution in specific terms

(2) A popular initiative for the partialrevision of the Federal Constitution may take the form of a general proposal orof a specific draft of the provisions proposed.

(5) An initiative in the form of a specificdraft shall be submitted to the vote of the People and the Cantons. The Federal Assembly shallrecommend whether the initiative should be adopted or rejected. It may submit acounter-proposal to the initiative.

FEDERAL ACT ONPARLIAMENT

(Adopted 2002; last amended 2011)

http://?www.?admin.?ch/?ch/?e/?rs/?c171_?10.?html

Chapter 3:Procedure for Popular Initiatives

Section 2: PopularInitiative for the Partial Revision of the Federal Constitution

a. GeneralProvisions

Art. 97 FederalCouncil dispatch and draft decree

(1) The Federal Council shall submit to the Federal Assembly:

  1. at the latest one year after submission of a successful popular initiative, a dispatch and the draft of a federal decree for the consideration of the Federal Assembly;

  2. at the latest one year after the approval of the people or of the Federal Assembly of an initiative submitted in the form of a general proposal, a dispatch and the draft of a federal decree for a partial revision of the Federal Constitution.

(2) If the Federal Council at the same time submits to the FederalAssembly a draft federaldecree on a counter-proposal or a bill that is closely related to thepopular initiative, the foregoing period shall be extended to 18 months.

Art. 99 Prohibition of the amendment of popular initiatives

Popular initiatives, or allthe valid parts thereof, must be submitted to the vote of the people as theystand.

b. Popular Initiative in the Form of aDraft Proposal

Art. 101 Counter-proposal

(1) The Federal Assemblymay submit its own counter-proposal on the same constitutional issue to thevote of the people and the Cantons at the same time as the popular initiative.

(2) The federal decree on the counter-proposal of the FederalAssembly shall be debated in each Council prior to the Assembly deciding on thevoting recommendation in the federal decree on the popular initiative.

(3) The final vote on the federal decree on the counter-proposalshall take place no more than eight days before the end of the session whichprecedes the expiry of the deadline for dealing with the popular initiative. Ifthe federal decree is rejected by either Council in the final vote, theconciliation committee shall submit a proposal on the voting recommendation inthe federal decree on the popular initiative. A counter-proposal may no longerbe put forward.

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