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- Art. 5a FC
- Art. 6 FC
- Art. 10 FC
- Art. 16 FC
- Art. 17 FC
- Art. 20 FC
- Art. 22 FC
- Art. 29a FC
- Art. 30 FC
- Art. 32 FC
- Art. 42 FC
- Art. 43 FC
- Art. 43a FC
- Art. 55 FC
- Art. 56 FC
- Art. 60 FC
- Art. 68 FC
- Art. 75b FC
- Art. 77 FC
- Art. 96 para. 2 lit. a FC
- Art. 110 FC
- Art. 117a FC
- Art. 118 FC
- Art. 123b FC
- Art. 136 FC
- Art. 166 FC
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- Art. 11 CO
- Art. 12 CO
- Art. 50 CO
- Art. 51 CO
- Art. 84 CO
- Art. 143 CO
- Art. 144 CO
- Art. 145 CO
- Art. 146 CO
- Art. 147 CO
- Art. 148 CO
- Art. 149 CO
- Art. 150 CO
- Art. 701 CO
- Art. 715 CO
- Art. 715a CO
- Art. 734f CO
- Art. 785 CO
- Art. 786 CO
- Art. 787 CO
- Art. 788 CO
- Transitional provisions to the revision of the Stock Corporation Act of June 19, 2020
- Art. 808c CO
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- Art. 2 PRA
- Art. 3 PRA
- Art. 4 PRA
- Art. 6 PRA
- Art. 10 PRA
- Art. 10a PRA
- Art. 11 PRA
- Art. 12 PRA
- Art. 13 PRA
- Art. 14 PRA
- Art. 15 PRA
- Art. 16 PRA
- Art. 17 PRA
- Art. 19 PRA
- Art. 20 PRA
- Art. 21 PRA
- Art. 22 PRA
- Art. 23 PRA
- Art. 24 PRA
- Art. 25 PRA
- Art. 26 PRA
- Art. 27 PRA
- Art. 29 PRA
- Art. 30 PRA
- Art. 31 PRA
- Art. 32 PRA
- Art. 32a PRA
- Art. 33 PRA
- Art. 34 PRA
- Art. 35 PRA
- Art. 36 PRA
- Art. 37 PRA
- Art. 38 PRA
- Art. 39 PRA
- Art. 40 PRA
- Art. 41 PRA
- Art. 42 PRA
- Art. 43 PRA
- Art. 44 PRA
- Art. 45 PRA
- Art. 46 PRA
- Art. 47 PRA
- Art. 48 PRA
- Art. 49 PRA
- Art. 50 PRA
- Art. 51 PRA
- Art. 52 PRA
- Art. 53 PRA
- Art. 54 PRA
- Art. 55 PRA
- Art. 56 PRA
- Art. 57 PRA
- Art. 58 PRA
- Art. 59a PRA
- Art. 59b PRA
- Art. 59c PRA
- Art. 62 PRA
- Art. 63 PRA
- Art. 67 PRA
- Art. 67a PRA
- Art. 67b PRA
- Art. 75 PRA
- Art. 75a PRA
- Art. 76 PRA
- Art. 76a PRA
- Art. 90 PRA
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- Vorb. zu Art. 1 FADP
- Art. 1 FADP
- Art. 2 FADP
- Art. 3 FADP
- Art. 5 lit. f und g FADP
- Art. 6 Abs. 6 and 7 FADP
- Art. 7 FADP
- Art. 10 FADP
- Art. 11 FADP
- Art. 12 FADP
- Art. 14 FADP
- Art. 15 FADP
- Art. 19 FADP
- Art. 20 FADP
- Art. 22 FADP
- Art. 23 FADP
- Art. 25 FADP
- Art. 26 FADP
- Art. 27 FADP
- Art. 31 para. 2 lit. e FADP
- Art. 33 FADP
- Art. 34 FADP
- Art. 35 FADP
- Art. 38 FADP
- Art. 39 FADP
- Art. 40 FADP
- Art. 41 FADP
- Art. 42 FADP
- Art. 43 FADP
- Art. 44 FADP
- Art. 44a FADP
- Art. 45 FADP
- Art. 46 FADP
- Art. 47 FADP
- Art. 47a FADP
- Art. 48 FADP
- Art. 49 FADP
- Art. 50 FADP
- Art. 51 FADP
- Art. 54 FADP
- Art. 57 FADP
- Art. 58 FADP
- Art. 60 FADP
- Art. 61 FADP
- Art. 62 FADP
- Art. 63 FADP
- Art. 64 FADP
- Art. 65 FADP
- Art. 66 FADP
- Art. 67 FADP
- Art. 69 FADP
- Art. 72 FADP
- Art. 72a FADP
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- Art. 2 CCC (Convention on Cybercrime)
- Art. 3 CCC (Convention on Cybercrime)
- Art. 4 CCC (Convention on Cybercrime)
- Art. 5 CCC (Convention on Cybercrime)
- Art. 6 CCC (Convention on Cybercrime)
- Art. 7 CCC (Convention on Cybercrime)
- Art. 8 CCC (Convention on Cybercrime)
- Art. 9 CCC (Convention on Cybercrime)
- Art. 11 CCC (Convention on Cybercrime)
- Art. 12 CCC (Convention on Cybercrime)
- Art. 25 CCC (Convention on Cybercrime)
- Art. 29 CCC (Convention on Cybercrime)
- Art. 32 CCC (Convention on Cybercrime)
- Art. 33 CCC (Convention on Cybercrime)
- Art. 34 CCC (Convention on Cybercrime)
FEDERAL CONSTITUTION
CODE OF OBLIGATIONS
FEDERAL LAW ON PRIVATE INTERNATIONAL LAW
LUGANO CONVENTION
CODE OF CRIMINAL PROCEDURE
CIVIL PROCEDURE CODE
FEDERAL ACT ON POLITICAL RIGHTS
CIVIL CODE
FEDERAL ACT ON CARTELS AND OTHER RESTRAINTS OF COMPETITION
FEDERAL ACT ON INTERNATIONAL MUTUAL ASSISTANCE IN CRIMINAL MATTERS
DEBT ENFORCEMENT AND BANKRUPTCY ACT
FEDERAL ACT ON DATA PROTECTION
SWISS CRIMINAL CODE
CYBERCRIME CONVENTION
- I. History of origins
- II. Comparison of laws
- III. Significance of the provision and content of the provision
- Bibliography
I. History of origins
1 The Federal Constitution of 1848 did not define a fixed number of seats for the National Council. Rather, Art. 61 para. 1 and 2 FC 1848 stipulated that the electorate elect one member of the National Council for every 20,000 souls of the total population. The first National Council therefore had 111 members and was elected by majority vote.
2 With the introduction of proportional representation in 1919 for the election of the National Council, the distribution figure of 20,000 inhabitants per National Council was initially maintained. The D'Hondt method (now known in Switzerland as the Hagenbach-Bischoff method) was used to distribute the council seats among the cantons. It was not until 1931 that the distribution figure was increased to 22 000 inhabitants. This was followed in 1951 by an increase to 23,000 inhabitants per member of the National Council.
3 Due to the steady population growth, the Federal Council feared in 1962 that the then number of members of the National Council might increase from 196 to about 210. This prompted the framers of the Constitution to introduce a fixed number of seats for the National Council. In 1962, when the amendment to Art. 72 FC 1874 was adopted by the people and the cantons, thus setting the number of members of the National Council at 200, the Federal Councils decided, at the request of the Federal Council, to change the method of allocating seats from the Hagenbach-Bischoff method to the Hare/Niemeyer method ("method of allocation to the stronger remnants"). The reason given was that the Hagenbach-Bischoff method used up to now favored the large cantons too much. The new procedure was put into effect on June 12, 1963.
4 When the PRA was created in 1978, the seat allocation procedure according to the Hare/Niemeyer method was adopted. In 1993, the provision was revised. The revision of Art. 17 PRA became necessary because in the previous procedure for allocating National Council seats among the cantons, there was a risk that a canton would not receive a seat by reaching the first allocation figure but not the second. Such an outcome of the procedure would have violated the constitutional guarantee of seats. In order to guarantee the entitlement of each canton to at least one seat, Art. 17 lit. a PRA was amended to the effect that the advance distribution of seats based on increasing distribution figures is repeated until all remaining cantons reach the respective distribution figure. As soon as this is the case, the remaining seats are distributed proportionally among the remaining cantons as before. With the revision, the previous procedure was only minimally corrected.
II. Comparison of laws
5 The cantons are free to choose the seat allocation procedure. For the Federal Supreme Court, it is not the choice of the seat allocation procedure that is decisive, but rather the final result of the allocation. The cantons mainly use two seat allocation procedures, namely the fraction procedure or Hare/Niemeyer procedure (quota procedure with equalization according to largest remainder) and the Sainte-Laguë procedure (divisor procedure with standard rounding).
6 Like the federal government, most cantons (BE, LU, UR, SZ, OW, NW, FR, SO, BS, BL, AI, SG, GR, TG, VD, VS and JU) use the simple quotient for the first allocation and the largest remainder procedure (Hare/Niemeyer procedure) for the remaining allocation. According to this procedure, the resident population of all constituencies is divided by the number of parliamentary seats to be allocated. The remaining undistributed seats are distributed to the constituencies with the largest remaining numbers.
7 The remaining cantons (ZH, GL, ZG, SH, AI and AG) use the Sainte-Laguë method for seat allocation. Here, the resident population of a constituency is divided by the allocation divisor and rounded to the nearest whole number (standard rounding). The allocation divisor must be redefined before each election in such a way that exactly as many seats can be allocated in the allocation procedure as the parliament has according to the legal requirements.
8 Until the 2017 elections to the Grand Council, Neuchâtel was the only canton to use the Hagenbach-Bischoff method (method of the largest quotient) for the allocation of seats to the electoral districts. In the canton of Neuchâtel, the number of seats to be distributed (115) was thereby increased by one (116), which reduces the division result and the number of undistributed seats. In distributing the seats not allocated in the first round, the population of each constituency was divided by the number of seats allocated to the constituency increased by one. The remaining seats were allocated to those constituencies that had the largest quotient. Since the 2021 elections, the Grand Council of the Canton of Neuchâtel (Grand Conseil) has been elected in a single constituency. A distribution of seats among the constituencies is thus unnecessary.
9 In the cantons of Ticino (Gran Consiglio) and Geneva (Grand Conseil), the parliaments are also elected in a single electoral district. Consequently, there is no allocation of seats to electoral districts there either.
III. Significance of the provision and content of the provision
10 Art. 16 and 17 PRA are implementing provisions of Art. 149 para. 4 FC. This constitutional provision states that the 200 seats of the National Council shall be distributed among the cantons according to population, with each canton having at least one seat. Art. 16 PRA regulates the basis of calculation and the responsibility for the distribution of seats among the cantons. Art. 17 PRA describes the actual seat allocation procedure. This is - in addition to the mandate allocation procedure pursuant to Art. 40 et seq. PRA - the "core of the electoral system".
A. Fractional allocation procedure (largest remainder)
11 For the allocation of the 200 National Council seats to the cantons (constituencies), the fractional number procedure, also known as the Hare/Niemeyer procedure, is applied. In principle, the population of all cantons is divided by the number of seats to be distributed. Each canton receives as many seats as the division result is contained in its population figure. The undistributed seats are distributed to the cantons with the largest remaining numbers. In arithmetic, the remainder number describes the number that remains after a division if the number to be divided (dividend) is not an exact multiple of the divisor.
12 The procedure according to Art. 17 PRA consists of an advance distribution, a main distribution and a remainder distribution.
1. Preliminary distribution (Art. 17 lit. a PRA)
13 The procedure for the allocation of National Council seats to the cantons shall begin with the advance allocation. The implementation of the advance distribution is mandatory in order to ensure that the constitutional entitlement of each canton to at least one National Council seat is safeguarded (Art. 149 para. 4 sentence 2 FC). This seat entitlement results from the fact that each canton forms an electoral district for the National Council elections (Art. 149 para. 3 FC). This provision is relevant for those cantons which, due to their low population, would be left empty-handed in the distribution without a seat guarantee. With 8,670,300 inhabitants in Switzerland, the cantons of Uri (36,819), Obwalden (38,108), Glarus (40,851) and Appenzell Innerrhoden (16,293) would currently come away empty-handed in the distribution of seats without this constitutionally guaranteed seat entitlement, as they do not reach the representation figure of 43,352 inhabitants. The representation figure is obtained by dividing the population figure by the number of seats in the National Council (8 670 300 / 200). The constitutional seat guarantee and the accompanying advance distribution inevitably lead to a restriction of the equality of voting power, since the eligible voters of the small cantons do not count equally in the distribution of seats compared to the rest of the eligible voters.
14 In the advance distribution, the population of Switzerland is divided by 200. The next higher integer above the result is the first distribution number. Any canton whose population does not reach this first distribution figure receives one seat in the National Council and is eliminated from further distribution.
15 Next, the resident population of the remaining cantons is divided by the number of seats not yet allocated. The next highest whole number above the result forms the second distribution number. Each canton that also fails to reach this number receives one seat in the National Council and is eliminated for further distribution. This procedure is repeated until the remaining cantons reach the last distribution number. This repetition is necessary so that no canton is left empty-handed after the distribution procedure.
2. main distribution (Art. 17 lit. b PRA)
16 In the main allocation, the seats shall be allocated to the cantons in accordance with the principle of proportional representation. Each remaining canton that has not yet been allocated a seat in the advance distribution shall receive as many seats as the last distribution figure is contained in its population figure. This means that the population figure of each canton is divided by the last distribution figure. The number before the decimal point corresponds to the number of seats the canton receives in the main distribution. The number after the comma (residual number) is relevant for the residual distribution in the next step.
3. residual allocation (Art. 17 lit. c PRA)
17 After the advance distribution and the main distribution, seats remain to be distributed. These are distributed within the framework of the residual distribution. In this process, the remaining seats are allocated to those cantons with the largest remaining numbers resulting from the main allocation. If several cantons reach the same residual number, they shall be eliminated in the order of the smallest remainders resulting from the division of their population figures by the first distribution figure. If these remainders are also equal, the decision is made by lot. Thus, all 200 National Council seats are distributed among the cantons.
B. Example for the National Council elections 2023
18 Using the figures for the permanent resident population at the end of 2020, the following is the distribution procedure for the 2023 National Council elections based on the rules in Art. 17 lit. a-c PRA:
19 According to Art. 1 of the Federal Council Decree on the Maintenance of the Numbers of the Permanent Resident Population at the End of 2020 of September 1, 2021, the resident population is 8,670,300 inhabitants. This results from the resident population figures of the individual cantons:
Kanton | Wohnbevölkerung Ende 2020 | Kanton | Wohnbevölkerung Ende 2020 |
Zürich | 1 553 423 | Schaffhausen | 83 107 |
Bern | 1 043 132 | Appenzell A.Rh. | 55 309 |
Luzern | 416 347 | Appenzell I.Rh. | 16 293 |
Uri | 36 819 | St. Gallen | 514 504 |
Schwyz | 162 157 | Graubünden | 200 096 |
Obwalden | 38 108 | Aargau | 694 072 |
Nidwalden | 43 520 | Thurgau | 282 909 |
Glarus | 40 851 | Tessin | 350 986 |
Zug | 128 794 | Waadt | 814 762 |
Freiburg | 325 496 | Wallis | 348 503 |
Solothurn | 277 462 | Neuenburg | 175 894 |
Basel-Stadt | 196 735 | Genf | 506 343 |
Basel-Landschaft | 290 969 | Jura | 73 709 |
|
| Schweiz | 8 670 300 |
20 On the basis of these figures, the advance distribution (Art. 17 lit. a 1-3 PRA) must be carried out. According to Art. 17 lit. a No. 1 PRA, the resident population figure must be divided by 200 (8 670 300 / 200 = 43 351.5). The next higher whole number above the result constitutes the first distribution figure (43 352). Each canton whose population does not reach this number receives one seat. The cantons of Uri, Obwalden, Glarus and Appenzell Innerrhoden each receive one seat. These cantons are eliminated for further distribution.
21 Thereafter, the resident population of the remaining cantons is divided by the number of seats not yet allocated in accordance with Art. 17 lit. b No. 2 PRA (8 538 229 / [200-4] = 43 562.3929). The next higher whole number above the result shall form the second allocation number (43 563). Each canton whose population does not reach this number receives one seat. This is only the canton Nidwalden. It shall be eliminated from further distribution.
22 Pursuant to Art. 17 lit. a No. 3 PRA, this procedure must now be repeated until the remaining cantons reach the final allocation figure. Accordingly, the resident population of the remaining cantons is again divided by the number of cantons not yet allocated (8 494 709 / [196-1] = 43 562.6103). The next higher integer above the result is the third allocation number (43 563). This number is reached by all cantons. Accordingly, it is also the last distribution figure, which concludes the advance distribution pursuant to Art. 17 lit. a PRA. In the preliminary allocation, a total of five National Council seats were allocated to the cantons with the lowest populations.
23 This is followed by the main allocation pursuant to Art. 17 lit. b PRA. Each remaining canton that has not yet received a seat in the advance distribution now receives as many seats as the last distribution figure (43 563) is contained in its population figure:
Hauptverteilung | ||
Zürich | 1 553 423 / 43 563 = 35.6592292 | (35 Sitze, Rest: 28 718) |
Bern | 1 043 132 / 43 563 = 23.9453665 | (23 Sitze, Rest: 41 183) |
Luzern | 416 347 / 43 563 = 9.5573537 | (9 Sitze, Rest: 24 280) |
Schwyz | 162 157 / 43 563 = 3.72235613 | (3 Sitze, Rest: 31 468) |
Zug | 128 794 / 43 563 = 2.95649978 | (2 Sitze, Rest: 41 668) |
Freiburg | 325 496 / 43 563 = 7.47184537 | (7 Sitze, Rest: 20 555) |
Solothurn | 277 462 / 43 563 = 6.36921241 | (6 Sitze, Rest: 16 084) |
Basel-Stadt | 196 735 / 43 563 = 4.51610312 | (4 Sitze, Rest: 22 483) |
Basel-Landschaft | 290 969 / 43 563 = 6.6792691 | (6 Sitze, Rest: 29 591) |
Schaffhausen | 83 107 / 43 563 = 1.90774281 | (1 Sitz, Rest: 39 544) |
Appenzell A.Rh.: | 55 309 / 43 563 = 1.26963249 | (1 Sitz, Rest: 11 746) |
St. Gallen | 514 504 / 43 563 = 11.8105732 | (11 Sitze, Rest: 25 311) |
Graubünden | 200 096 / 43 563 = 4.59325574 | (4 Sitze, Rest: 25 844) |
Aargau | 694 072 / 43 563 = 15.9326034 | (15 Sitze, Rest: 40 627) |
Thurgau | 282 909 / 43 563 = 6.49424971 | (6 Sitze, Rest: 21 531) |
Tessin | 350 986 / 43 563 = 8.05697496 | (8 Sitze, Rest: 2 482) |
Waadt | 814 762 / 43 563 = 18.7030737 | (18 Sitze, Rest: 30 628) |
Wallis | 348 503 / 43 563 = 7.99997704 | (7 Sitze, Rest: 43 562) |
Neuenburg | 175 894 / 43 563 = 4.03769254 | (4 Sitze, Rest: 1 642) |
Genf | 506 343 / 43 563 = 11.6232353 | (11 Sitze, Rest: 27 150) |
Jura | 73 709 / 43 563 = 1.69200927 | (1 Sitz, Rest: 30 146) |
In the main allocation 182 seats could be distributed among the cantons. This concludes the procedure pursuant to Art. 17 lit. b PRA.
24 In the preliminary allocation (five seats) and in the main allocation (182 seats), a total of 187 seats could be allocated. There remain 13 seats to be allocated. In accordance with Art. 17 lit. c PRA (distribution of remainders), these remaining seats are distributed among the cantons with the largest remainders from the main distribution. The thirteen largest remainders have the following cantons: Valais, Zug, Bern, Aargau, Schaffhausen, Schwyz, Vaud, Jura, Basel-Landschaft, Zurich, Geneva, Grisons and St. Gallen. These thirteen cantons are each allocated one additional seat. Thus, all 200 seats are distributed. The remaining distribution pursuant to Art. 17 lit c PRA is completed ahead of schedule; no cantons achieve the same remaining number. Therefore, no decision by lot is required.
25 According to the above calculation, the distribution of National Council seats among the electoral districts (cantons) is as follows:
Kanton | Sitze | Kanton | Sitze |
Zürich | 36 | Schaffhausen | 2 |
Bern | 24 | Appenzell A.Rh. | 1 |
Luzern | 9 | Appenzell I.Rh. | 1 |
Uri | 1 | St. Gallen | 12 |
Schwyz | 4 | Graubünden | 5 |
Obwalden | 1 | Aargau | 16 |
Nidwalden | 1 | Thurgau | 6 |
Glarus | 1 | Tessin | 8 |
Zug | 3 | Waadt | 19 |
Freiburg | 7 | Wallis | 8 |
Solothurn | 6 | Neuenburg | 4 |
Basel-Stadt | 4 | Genf | 12 |
Basel-Landschaft | 7 | Jura | 2 |
|
| Schweiz | 200 |
I would like to thank Benjamin Böhler, assistant professor at the Center for Democracy Aarau, for his help in researching the material and for his valuable comments while reviewing the text.
Bibliography
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Biaggini Giovanni, Bundesverfassung der Schweizerischen Eidgenossenschaft, Kommentar, 2. Aufl., Zürich 2017.
Bisaz Corsin, § 2 Wahlorgan, Wählbarkeit und Wahlkreise, in: Andreas Glaser (Hrsg.), Das Parlamentswahlrecht der Kantone, Zürich 2018.
Hangartner Yvo/Kley Andreas/Braun Binder Nadja/Glaser Andreas, Die demokratischen Rechte in Bund und Kantonen der Schweizerischen Eidgenossenschaft, 2. Aufl., Zürich 2023.
Hare Thomas, The Machinery of Representation, London 1857.
Hare Thomas, On the application of a new statistical method to the ascertainment of the votes of majorities in a more exhaustive manner, in: Journal of the Statistical Society of London 1860, S. 337–356.
Markić Luka, Kommentierung zu Art. 16 und 20 BPR, in: Andreas Glaser/Nadja Braun Binder/Corsin Bisaz/Bénédicte Tornay Schaller (Hrsg.), Onlinekommentar zum Bundesgesetz über die politischen Rechte, https://onlinekommentar.ch/de, besucht am 15.6.2023.
Müller Peter Felix, Das Wahlsystem – Neue Wege der Grundlegung und Gestaltung, Zürich 1959.
Niemeyer Horst, Verhältniswahlverfahren, in: Mathematik lehren 1998, S. 59–65.
Pukelsheim Friedrich, Sitzzuteilungsmethoden, Ein Kompaktkurs über Stimmenverrechnungsverfahren in Verhältniswahlsystemen, Berlin et al. 2016.
Seitz Werner, Wie sich die Verteilung der Nationalratssitze auf die Kantone über die Zeit verändert hat, in: DeFacto, https://www.defacto.expert/2017/08/31/wie-sich-der-verteilungsmodus-der-nationalratssitze-auf-die-kantone-ueber-die-zeit-veraendert-hat/, besucht am 28.4.2023.
Weber Anina, Vom Proporzglück zur Proporzgenauigkeit, Zur Verfassungskonformität der geltenden Sitz- und Mandatsverteilungsverfahren im Bund, AJP 2010, S. 1373–1380 (zit. Weber, Proporzglück).
Weber Anina, Schweizerisches Wahlrecht und die Garantie der politischen Rechte, Eine Untersuchung ausgewählter praktischer Probleme mit Schwerpunkt Proporzwahlen und ihre Vereinbarkeit mit der Bundesverfassung, Zürich 2016 (zit. Weber, Wahlrecht).