How new laws come about

It is the Federal Council or Parliament that gives the impetus (in the form of a parliamentary initiative, a motion or a postulate) for a new law. The cantons may also request a new law (cantonal initiative).

The Federal Council instructs Department X to draw up a preliminary draft for a law. All departments and federal offices are consulted on this preliminary draft (office consultation procedure).

Department X submits the preliminary draft to the Federal Council, which initiates the consultation procedure. The consultation procedure allows all citizens, cantons, communes, political parties, federations, trade unions, associations, churches and interest groups to comment on the preliminary draft.

Department X preprares the preliminary draft law and adapts it on the basis of the results of the consultation procedure. It then submits the bill to the Federal Council.

The Federal Council examines the bill and sends it to Parliament.

The presidents of the National Council and the Council of States decide whether the bill is dealt with first in the National Council or in the Council of States. A committee of the first chamber discusses the text and submits a proposal to its Council (first chamber).

The first chamber has three options: it may consider the law to be superfluous and request that it not be enacted; it can reject the text and instruct the Federal Council or the committee concerned to revise it; or it can discuss the law in detail and make a decision.

The committee of the second chamber discusses the text approved by the first chamber and submits a proposal to its Council (second chamber).

The second chamber has the same options as the first chamber: request to not enact the law, rejection of the text; or point by point deliberation and making a decision.

If the decisions of the National Council and the Council of States differ, a procedure for the resolution of differences is initiated. The committee of the first chamber makes a proposal to the first chamber.

After discussing and voting on this proposal, the preliminary consultation committee of the second chamber addresses the remaining differences and makes a proposal to the the second chamber.

In the event of unresolved differences between the National Council and the Council of States after three rounds, a conference of conciliation is held. The conference is composed of members of the preliminary consultation committees who work together to find an agreement. The agreement is then submitted to the first chamber, and then to the second chamber.

The jointly reached agreement is put to a final vote in the National Council and the Council of States. Parliament votes in favour of the new law.

The law adopted by Parliament is brought back to the People for a vote. The People have the last word. If a referendum is not sought within 100 days, the Federal Council may bring the law into force.

If a referendum is launched against the law, the law will be put to the vote of the People.

If the majority of voters approve the new law, the Federal Council can bring it into force.