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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. Significance of the provision
- III. Commentary on the text of the norm
- Bibliography and Materials
I. History of origins
1 Art. 67b PRA - like Art. 67 and 67a PRA - originates from an amendment to the Federal Act of 1996. Reference is therefore made to the commentary on Art. 67 PRA.
2 It should be mentioned in particular that Art. 67b para. 1 PRA was slightly amended in 2002. According to the 1996 version, the Federal Chancellery had to determine whether the referendum had been taken by the required number of "cantons or half-cantons". As a result of the 2002 amendment, the "half-cantons" are no longer mentioned in the text of the norm. The reason is that the term no longer appears in the Federal Constitution since the total revision of 1999.
II. Significance of the provision
A. General
3 Art. 67b PRA regulates the competence to verify the existence of a cantonal referendum (para. 1), the grounds for invalidity (para. 2) and the opening of the decision (para. 3).
B. Comparison of laws
4 Cantons in which there is a municipal referendum know provisions comparable to Art. 67b PRA for the examination of the formal requirements. In the Canton of Graubünden, for example, the registry office checks the documents. In the case of a cantonal referendum, however, the Federal Chancellery and not the Federal Council as the government is responsible for this.
III. Commentary on the text of the norm
A. Examination (para. 1)
5 After the expiry of the 100-day referendum period in accordance with Article 141 para. 1 FC, the Federal Chancellery shall examine whether the required number of cantons have lodged a cantonal referendum. The provision corresponds mutatis mutandis to that on the popular referendum.
6 The quorum of eight cantons is derived from Art. 141 para. 1 FC. All cantons count as a whole.
7 The cantonal referendum - like the popular referendum - cannot be withdrawn (Art. 59b PRA).
B. Invalid referendum petitions (para. 2)
8 The law provides three alternative grounds on which a referendum petition of a canton may be invalid. An invalid referendum petition is not counted for the purpose of reaching the quorum of eight cantons.
1. Missing the referendum deadline (lit. a)
9 A referendum petition is invalid if the competent cantonal body decides on it after the 100-day referendum period has expired. However, the decision alone does not meet the deadline. According to lit. a, the referendum request must also be "submitted" to the Federal Chancellery within the deadline. According to Art. 59a PRA, this means that the request must reach the Federal Chancellery before the deadline expires and the date of the postmark is not sufficient.
2. Invalid body (lit. b)
10 A referendum petition that has been decided by a body that is not competent in the matter is invalid. The Federal Chancellery shall check in particular on the basis of the information provided in accordance with Art. 67a lit. b and c PRA whether the body that has decided to take the cantonal referendum is also the body that is actually competent. If this is not the case, the referendum petition is invalid. 3.
3. designation of the enactment without doubt (lit. c)
11 If it is unclear which federal enactment is to be put to the vote, the referendum petition is invalid.
4. Not: Violation of formal requirements
12 Violation of the formal requirements of Art. 67a PRA is not mentioned in Art. 67b para. 2 and is therefore not an independent ground for invalidity.
C. Decision (para. 3)
13 The Federal Chancellery (and not the Federal Council) is responsible for deciding whether or not a cantonal referendum is valid. The cantons that have submitted a referendum request must be granted the right to be heard. The Federal Chancellery shall notify the decision by order.
14 The Federal Chancellery shall decide on any popular referendum on the same enactment in a separate ruling. The signatures of persons entitled to vote and the cantonal votes shall not be counted together.
15 The decision shall be communicated in writing to the governments of all the cantons that have submitted the referendum. No direct communication shall be made to the cantons that did not participate in the cantonal referendum. Since, in accordance with Art. 67a of the PRA, the cantonal government sends the letter containing the referendum request, the decision is also communicated to the cantonal government.
16 The general public is informed by means of publication of the ruling in the Federal Gazette. The number of valid and invalid cantonal referendum petitions shall be stated. In the case of a successful cantonal referendum against the tax package, the Federal Chancellery also showed, in particular, the dates of the letters from the cantons, the cantonal legal bases, the deciding cantonal bodies, the dates of the resolutions and the voting results (in the cantonal parliament). In the event of a cantonal referendum not being held, an appeal must be made.
17 An order of the Federal Chancellery on the failure of a cantonal referendum to be held may be appealed to the Federal Supreme Court in accordance with Art. 80 para. 2 sentence 1 PRA. The appeal period is 30 days. Of the cantons, only those that have initiated the cantonal referendum are entitled to file the appeal. Based on their referendum petition, these cantons meet the requirements for the right of appeal. The others, however, do not have the right to appeal, because the cantons do not have the right to vote in a referendum triggered by a cantonal referendum. The appeal is also possible if the quorum of the cantonal referendum is clearly missed. If the Federal Chancellery determines that the cantonal referendum has taken place, no appeal is possible.
Acknowledgements: The author thanks Rahel Freiburghaus and Christoph Lanz for their review and valuable comments.
Author: Dr. iur. Matthias Lanz, LL.M. (Cantab.), Legal Assistant at the Department of Finance and Municipalities of the Grisons, former Personal Assistant to the President of the Conference of Cantonal Governments, www.linkedin.com/in/matthiaslanz
Bibliography and Materials
See the bibliography and list of materials for the commentary on Art. 67 PRA.