Source: Dispatch of the Federal Council on Bilateral III, pp. 93--94 and 120--136
PDF of the dispatch
Decision Shaping denotes Switzerland's participation in the drafting of EU legal acts that are subsequently to be adopted into the bilateral agreements. The EU assures Switzerland the greatest possible participation -- analogous to the EFTA/EEA states. The Federal Council has also adopted comprehensive accompanying measures for cantons, Parliament and the public.
The EU grants Switzerland the greatest possible participation in the legislative process for legal acts falling within the scope of the single market agreements. The modalities vary depending on the type of legal act.
| Type of legal act | Switzerland's participation | Example |
|---|---|---|
| Ordinary legislative acts (regulations, directives) | Consultation by European Commission, position papers, participation in expert groups | EU regulation on mutual recognition of professional qualifications |
| Delegated acts (Art. 290 TFEU) | Participation in Commission expert groups | Technical standards in the MRA |
| Implementing acts (Art. 291 TFEU) | Participation in comitology committees (in advisory capacity) | Implementing provisions in air transport |
A special element of Decision Shaping: Switzerland may, in the context of preliminary ruling proceedings (Art. 267 TFEU) of the CJEU concerning questions related to the single market agreements:
Analogous to the existing agreement in the Schengen/Dublin area, a new agreement is concluded between the Confederation and the cantons. Legal basis: Art. 5a FCPFA (Federal Act on the Participation of the Cantons in the Foreign Policy of the Confederation).
The cantons must expect an increased need for staffing resources, particularly for:
The Federal Council proposes a new Art. 152a of the Parliament Act as lex specialis for Parliament's participation in Decision Shaping in the single market agreements.
| Element | Content |
|---|---|
| Information | The Federal Council informs the relevant committees in good time about relevant EU legislative projects |
| Consultation | Parliament may issue position papers that the Federal Council takes into account when formulating the Swiss position |
| Lex specialis | Art. 152a ParlA takes precedence as a special provision over the general provisions of Art. 152 ParlA |
| Directives | The Federal Council issues directives on the concrete implementation of information and consultation |
The Federal Council proposes a new Art. 40a of the Government and Administration Organisation Act (GAOA).
The Federal Council introduces comprehensive monitoring: