Chapter 4 of the dispatch (pp. 1030-1041) covers the constitutionality of the package, the referendum question and the four federal decrees by which Parliament is to approve the package.
The package is submitted to Parliament in the form of four federal decrees. All four are subject to the optional referendum under Art. 141(1)(d) of the Federal Constitution. A mandatory referendum is not required - this is consistent with established constitutional practice and was confirmed by the people in 2012.
| No. | Designation | Content |
|---|---|---|
| FD1 | Stabilisation | Institutional solution, AFMP update, land transport |
| FD2 | Internal market development | Electricity, food safety, new MRA areas |
| FD3 | Cooperation | Programmes (EUPA), health, EUSPA, parliaments |
| FD4 | Swiss contribution | CCA, cohesion, migration |
All four federal decrees are subject to the optional treaty referendum under Art. 141(1)(d) of the Federal Constitution:
The package is not subject to a mandatory referendum. Justification:
Popular vote 2012: on 17 June 2012, 75.3% of voters rejected the popular initiative "International treaties: let the people decide!" which demanded a mandatory referendum for all important international treaties. The people thus confirmed the optional referendum system.
The constitutional basis of the package:
| Provision | Content | Relevance |
|---|---|---|
| Art. 54 FC | Foreign affairs | General federal competence |
| Art. 184 FC | Treaties with foreign states | Federal Council's treaty-making power |
| Art. 166(2) FC | Parliamentary approval | Approval by National Council/Council of States |
| Art. 141(1)(d) FC | Optional referendum | Popular vote possible |
Constitutionality is affirmed by the Federal Council:
The package is consistent with:
| Aspect | Detail |
|---|---|
| Federal decrees | 4 (FD1-FD4) |
| Referendum | Optional (Art. 141(1)(d) FC) |
| Mandatory referendum | Not required |
| Signatures | 50,000 or 8 cantons |
| Voting majority | Simple popular majority |
| Constitutional basis | Art. 54, 184 FC |
| Popular vote 2012 | 75.3% against mandatory referendum |