Source: Dispatch of the Federal Council on Bilateral III, pp. 136--143
PDF of the dispatch
The institutional elements of Bilateral III do not have constitutional significance. They fit within the existing bilateral architecture and fully preserve the right of popular initiative and referendum. The concrete impacts mainly affect the Confederation (additional posts, online platform) and the cantons (increased coordination needs). The institutional elements themselves have no direct immediate impact on the economy, society or the environment.
| Unit | Additional posts | Task |
|---|---|---|
| FDFA (Federal Department of Foreign Affairs) | 2--4 full-time equivalents | Decision Shaping: coordination of Swiss participation in EU lawmaking |
| FOJ (Federal Office of Justice) | 2 full-time equivalents | Legal support: review of compatibility of new EU legal acts with Swiss law |
| Parliamentary Services | 1.5 full-time equivalents | Support for parliamentary participation (Art. 152a ParlA) |
| Aspect | Detail |
|---|---|
| Purpose | Publication of all EU documents relevant to Decision Shaping |
| Development costs | CHF 200,000 (one-off) |
| Operation | Federal Chancellery, running costs in the regular budget |
| Target audience | Consultation recipients, Parliament, cantons, public |
The cantons are affected in several respects:
The institutional elements have no specific direct impact on the economy. The economic effects stem from the agreements themselves (free movement of persons, land transport, air transport, MRA, agriculture), not from the institutional provisions.
The institutional elements do, however, create a stable and predictable legal framework that:
The institutional elements have no direct immediate impact on society or the environment. They concern the governance structure of the agreements, not their material content.
The right of popular initiative and referendum (Art. 136 para. 2 Federal Constitution) is fully preserved:
| Instrument | Applicability | Explanation |
|---|---|---|
| Popular initiative | Yes | A popular initiative may oppose the adoption of a specific EU legal act |
| Optional referendum | Yes | For legislative adaptations to implement adopted EU legal acts, the referendum is possible |
| Mandatory referendum | For constitutional amendments | If an adoption of law requires a constitutional amendment |
The dispatch emphasises that the time frames for the adoption of law are designed so that:
The institutional protocols are based on:
| Constitutional article | Content |
|---|---|
| Art. 54 para. 1 Federal Constitution | Foreign affairs are the responsibility of the Confederation |
| Art. 184 para. 2 Federal Constitution | The Federal Council signs and ratifies treaties |
The dispatch clarifies:
| Aspect | Bilateral III | EEA accession | EU accession |
|---|---|---|---|
| Right of referendum | Fully preserved | Preserved, but under pressure | Severely restricted |
| Right of initiative | Fully preserved | Preserved | Not directly applicable |
| Consequence of non-adoption | Dispute settlement | Suspension possible | Infringement proceedings |
| Supranational body | None | EFTA Surveillance Authority | European Commission, CJEU |
| Constitutional amendment required | No | Yes (popular vote 1992) | Yes |