THE SWISS COUNCIL OF STATES

senat

I - COMPOSITION

46 representatives of the Cantons who each elect two representatives by universal suffrage (in shared Cantons, each half-Canton elects one).

II - ELECTORAL SYSTEM

Elections to the Council of States are regulated by internal Cantonal law:

Usually direct simple majority ballot system.

- 20 plurinominal constituencies representing the Cantons (2 seats)

- 6 uninominal constituencies representing the half-Cantons.

Term of office (fixed by Cantonal law): 4 years (duration chosen by all Cantons).

Last renewed: October 24th and November 28th 1999.

III - SESSIONS SYSTEM

A - ORDINARY SESSION

Four ordinary sessions per year.

(Convening of sessions is ruled by law).

B - EXTRAORDINARY SESSIONS

On notification from the Federal Council on request by a quarter of the members of the National Council.

IV - RELATIONSHIP WITH THE OTHER CHAMBER AND THE EXECUTIVE BRANCH

A - LEGISLATIVE POWER

Equal to the National Council.

1) Legislative initiative

Belongs to the Council of States and to its members (as well as to the National Council and its members, any parliamentary group or committee, and, by correspondence, to the Cantons and the Federal Council).

2) Right to amendment

Yes.

3) Legislative procedure

The members of the Council of States vote freely (they are not obliged to follow their party line).

Draft is successively examined by each of the two chambers. If they disagree, the procedure is restarted in order to come to an agreement (three shuttle procedures maximum then a coordination meeting). Then a final vote is taken in both chambers.

B - CONTROLLING POWER

Equal to the National Council.

1) Nomination of the Federal Council

a) The seven members of the Federal Council (Executive branch of the Federation) are nominated for four years by the Councils together and chosen amongst the Swiss citizens eligible for the National Council.

b) The President of the Confederation and the Vice president of the Federal Council are nominated for one year by the Federal Assembly (National Council and Council of States united) from the members of the Council.

2) The Federal Council reports on its management to the Federal Assembly during the summer session, presenting a report on the domestic and external situation of the Confederation.

It also produces special reports when requested by the Federal Assembly or one of the two Councils.

C - POWERS OF THE FEDERAL COUNCIL

1) Power to submit proposals

The members of the Federal Councils have a consultative role in the Council of States (as they do for the National Council) and the right to make proposals on matters under deliberation.

The Federal Council recommends the measures it feels promote the goals of increasing common prosperity.

2)Moving troops

In the case of an emergency, and when the Federal Assembly is not sitting, the Federal Council is authorised to mobilise necessary troops, on condition that if the number of troops mobilised exceeds 4000 men or if they are to be mobilised longer than three weeks (normal competence of the two Councils, as is the declaration of war and the conclusion of peace) that the two Councils be convened.

V - SPECIAL ARRANGEMENTS

A - CONSTITUENT ASSEMBLY

1) Full revision of the Constitution is subject to the procedure applicable to Federal legislation.

The initiative may also come from 100,000 citizens.

If the people vote for a full revision, the two Councils are renewed to work on the revision.

1) Partial revision of the Constitution can either take place through the channel of the people's initiative or follow the procedure applicable to Federal legislation.

The initiative may also come from 100,000 citizens.

Any revision of the Constitution has to be put to a referendum.

B - JUSTICE

1) The members and alternates of the Federal Tribunal are nominated by the Federal Assembly which has to ensure that the three official languages of the Federation are represented there.

2) The Cantons have the right, on the condition that the Federal Assembly gives its approval, to attribute the handling of administrative disagreements in Canton affairs to the Federal Administrative Court.

C - NOMINATION BY BOTH COUNCILS (NATIONAL AND OF STATES) OF THE GENERAL COMMANDER OF THE FEDERAL ARMY.