Source: Dispatch on the Approval of Bilateral III, Chapter 2.3 (pp. 456--470)
PDF Link | Federal Gazette 2025-0749
The FMPA update is constitutional and is based on Arts. 54 and 184 FC. The optional referendum on international treaties is applicable; a mandatory referendum is not required, as there is no accession to a supranational organisation. The right of initiative and referendum is fully preserved.
The international agreements are based on the following constitutional provisions:
| Provision | Content |
|---|---|
| Art. 54(1) FC | Foreign affairs are the responsibility of the Confederation |
| Art. 184(2) FC | The Federal Council signs and ratifies international treaties |
| Art. 166(2) FC | The Federal Assembly approves international treaties |
The FMPA update is constitutional:
The AP-FMPA and IP-FMPA are subject to the optional referendum on international treaties under Art. 141(1)(d) FC:
| Requirement | Fulfilled? |
|---|---|
| International treaty | Yes |
| Indefinite and non-terminable | No -- but sufficiently far-reaching |
| Accession to international organisation | No |
| Important legislative provisions | Yes |
| Implementation requires federal acts | Yes |
The mandatory referendum (Art. 140(1)(b) FC) is not required because:
Already in 2012, a vote was held on a mandatory referendum for international treaties:
| Result | Detail |
|---|---|
| Electorate | 75% No |
| Cantons | All cantons rejected |
| Initiative | Popular initiative "International treaties before the people" |
| Conclusion | Clear verdict against mandatory referendum for international treaties |
The FMPA update respects cantonal sovereignty:
| Area | Cantonal Competence |
|---|---|
| Residence permits | Granting and renewal |
| Labour market testing | Where applicable |
| Integration | Integration programmes and promotion |
| Wage protection enforcement | Cantonal control bodies |
| Education | Higher education admission (with fee equal treatment) |
The right of initiative and referendum is fully preserved:
| Instrument | Applicability |
|---|---|
| Optional referendum | Yes -- against the approval decree |
| Popular initiative | Yes -- at any time |
| Parliamentary motion | Yes -- steering of implementation |
| Parliamentary initiative | Yes -- amendment of implementation acts |
The safeguard clause represents the central legal improvement over the current FMPA:
| Aspect | Previous | New |
|---|---|---|
| Activation | Unclear, EU consent needed | Autonomous by Federal Council |
| Criteria | Not defined | 4 key indicators + others |
| Duration | Not regulated | Time-limited, extension by Parliament |
| Legal basis | Art. 14 FMPA (general) | Art. 14a FMPA (specified) |
The stabilisation part is presented as a single approval decree of the Federal Assembly:
| Element | Description |
|---|---|
| AP-FMPA | Amendment Protocol to the Agreement on the Free Movement of Persons |
| IP-FMPA | Institutional Protocol to the FMPA |
| State aid protocols | State aid supervision and control |
| Implementation acts | 3 new acts + 36 adjustments |
| Topic | Key Message |
|---|---|
| Constitutional basis | Art. 54(1), Art. 184(2) FC |
| Referendum | Optional referendum on international treaties (Art. 141(1)(d) FC) |
| Mandatory referendum | Not required -- no accession to supranational organisation |
| 2012 vote | 75% No + all cantons against mandatory referendum |
| Cantonal law | Enforcement competences remain with cantons |
| Right of initiative | Fully preserved |
| Safeguard clause | Autonomously activable -- central improvement |
| Federal decree | One approval decree (AP-FMPA + IP-FMPA + state aid) |