SWITZERLAND
 
This page contains the complete text of PARLINE database entry on the selected parliamentary Chamber or unicameral Parliament
 
GENERAL INFORMATION
 
Parliament (generic name): Bundesversammlung - Assemblée fédérale - Assemblea federale
Translated name: Federal Assembly
Structure: Bicameral
Chamber: Ständerat - Conseil des Etats - Consiglio degli Stati
Translated name: Council of States
President:
Christoffel Brändli  ( M)
Secretary General:
Philippe Schwab  ( M)
Members (statutory number): 46
  directly elected
Members (current number): 46
Women (current number): 10  ( 21.74%)
Term: 4  years
Last renewal dates: 21 October 2007
  25 November 2007
Address: Ständerat - Conseil des Etats
Parlamentsgebäude/Palais du Parlement
3003 BERNE


Tel.: (41 31) 322 98 77
Fax: (41 31) 322 98 74
E-mail: srp08@parl.ch (Speaker/President)
ipu.uip@pd.admin.ch
Web site:
http://www.parlament.ch
Affiliation to IPU: Yes
Affiliation date(s): 1891
 
 
ELECTORAL SYSTEM
 
Electoral Law:
  1 January 1900
 
 
Constituencies:
  - 20 multi-member (2 seats) constituencies representing the cantons
- 6 single-member constituencies representing half-cantons
 
Voting System:
  Cantonal law governs election to the Council of States. Members are generally chosen by simple majority vote.
By-elections are generally held to fill vacancies arising between general elections.
Voting is compulsory in a small number of cantons, where those abstaining without a justifiable reason are subject to a small fine.
 
Voter requirements:
  (governed by cantonal law)
 
Eligibility:
  (governed by cantonal law)
 
Incompatibilities:
  - Members of the Federal Council
- Federal judges
- Federal civil servants
- High-ranking army officials
 
Candidacy requirements:
  (cantonal law)
 
 
LAST ELECTIONS
 
red cube  Also available:  Archive of past election results for this chamber  red cube
 
Dates of election / renewal (from/to):
  21 October 2007
  25 November 2007
 
Purpose of elections:
  Elections were held for all the seats in the Council of States on the normal expiry of the members' term of office.
 
Background and outcome of elections:
  On 21 October 2007, elections were held for all 200 seats in the National Council and 41 of the 46 seats in the Council of States (see note).

In the previous elections held in 2003, the right-wing Swiss People's Party (SVP/UDC), personified by the charismatic billionaire Mr. Christoph Blocher, came in first with 55 seats in the National Council, followed by the Socialist Party (SP/PS) with 52 seats. The Radical-Democratic Party (FDP/PRD), the Christian-Democratic People's Party (CVP/PDC), and the Green Party (GPS/PES) won 36, 28, and 13 seats respectively. The remainder went to small parties. These main parties, except for the GPS/PES, also gained seats in the Council of States. The CVP/PDC came in first with 15 seats, followed by the FDP/PRD with 14 seats. The SP/PS and the SVP/UDC took nine and eight seats respectively.

In 2007, 3,089 candidates, including 1,088 women (up from 993 in the last elections in 2003), contested the elections to the National Council, while 130 candidates, including 32 women (up from 26), ran for the Council of States.

The SVP/UDC has moreover taken up its usual discourse of cutting taxes, keeping Switzerland out of the European Union and addressing the issue of exploitation of the country's social and asylum policies. The election campaign was marked by an SVP/UDC poster showing a black sheep being kicked out of Switzerland by three white sheep.

Other parties also used their traditional election platforms, with the Socialists (SP/PS) calling for social security and solidarity, the Radical Democrats (FDP/PRD) urging further economic growth based on creativity and efficiency and the Christian Democrats (CVP/PDC) pledging to ensure job opportunities. The Greens (GPS/PES) campaigned for combating climate change, calling for a ban on air shows in the country and the introduction of a jet fuel surcharge. Due to a series of national disasters that have hit the country in recent years, environmental issues reportedly attracted the attention of many citizens.

In all, 48.28 per cent of the country's 4.9 million eligible voters turned out at the polls, marking the highest turnout figure since 1983.

In the elections to the National Council, the SVP/UDC and the GPS/PES made the biggest gains (seven seats each), bringing their seats to 62 and 20 respectively. The SVP/UDC obtained the largest share of seats in this chamber since the country's proportional voting system started in 1919. The CVP/PDC also added three seats to its tally, winning 31 in all. On the contrary, the SP/PS, which took 43 seats, suffered a major defeat, losing nine. The FDP/PRD also lost five, winning 31 seats. The remainder went to small parties. In all, 59 women were elected to the National Council. A 45-year-old lawyer, Mr. Ricardo Lumengo, of Angolan origin (Socialist Party), was elected to the National Council, becoming the first black person to enter the Swiss Parliament.

In the elections to the Council of States, 29 (including six women) of the 41 members were elected in the first round. The CVP/PDC came in first with eight seats, followed by the FDP/PRD and the SVP/UDC with seven seats each. The SP/PS took six seats. The GPS/PES won its first seat in this chamber. After the first round, other candidates withdrew in favour of the second leading candidate in the cantons of Fribourg and Valais. Run-off elections were thus held in six cantons for a total of ten seats.

The final results gave the CVP/PDC 12 seats, followed by the FDP/PRD with 10. The SP/PS and the SVP/UDC took nine and seven seats respectively. The GPS/PES and another Green party, the Zurich Liberal Green Party (GLP/PEL), took two and one seat each.

The newly elected parliament held its first session on 3 December. The National Council elected Mr. André Bugnon (SVP/UDC) as its new Speaker, while the Council of States elected Mr. Christoffel Brändli (SVP/UDC) as its new President.

On 12 December, the parliament voted to elect the seven members of the Federal Council (government) for a four-year term. Since 1959, the Federal Council has comprised representatives of the four major parties: the SVP/UDC, the PS/SP, the FDP/PRD and the CVP/PDC. In a surprise move, the most influential SVP/UDC member, Christoph Blocher, was not re-elected, the Federal Assembly having chosen a woman SVP/UDC member over him. Following that decision, the SVP/UDC placed itself on the opposition benches and expelled its two representatives from the SVP/UDC parliamentary group. The two members, however, still sit on the Federal Council as SVP/UDC members.

Note on the "Distribution of Seats (Council of States)"
"Others" refer to the five seats in the Council of States which were decided prior to the general election date:
The following half-cantons had elected their representatives prior to this date.
Zoug: Two male representatives (one each from the CVP/PDC and the FDP/PRD) elected on 29 October 2006.
Appenzell Rhodes-Int: one male representative (CVP/PDC) elected on 29 April 2007 through "Landsgemeinde" (cantonal assembly of citizens).
Nidwald: one male representative (CVP/PDC) elected tacitly on 4 September 2007.
Obwald: one male representative (FDP/PRD) elected tacitly on 24 September 2007.
The representatives from Zoug and Appenzell Rhodes-Int had been sworn before the 2007 general elections. They will take up their posts until the next general elections, scheduled for 2010.

Election results for the second round
Neuchâtel (two seats): SP/PS 1, FDP/PRD 1
Tessin (two seats): FDP/PRD 1, CVP/PDC 1
Vaud (two seats): SP/PS 1, GPS/PES 1
Lucerne (one seat): CVP/PDC 1
Saint-Gall (two Seats): CVP/PDC 1, FDP/PRD 1
Zurich (one seat): GLP/PEL 1
 
STATISTICS
 
Round no 1 (21 October 2007): Election results
  Number of registered electors
  Voters
  Blank or invalid ballot papers
  Valid votes
Round no 2 (11 November 2007): Election results
  Number of registered electors
  Voters
  Blank or invalid ballot papers
  Valid votes
 
Round no 1: Distribution of votes
 
Political Group Candidates Votes % of votes  
  Christian-Democratic People's Party (CVP/PDC)  
  Swiss People's Party (SVP/UDC)  
  Socialist Party (SP/PS)  
  Radical-Democratic Party (FDP/PRD)  
  Green Party (GPS/PES)  
  Zurich Liberal Green Party (GLP/PEL)  
Round no 2: Distribution of votes
 
Political Group Candidates Votes % of votes  
  Radical-Democratic Party (FDP/PRD)  
  Christian-Democratic People's Party (CVP/PDC)  
  Socialist Party (SP/PS)  
  Zurich Liberal Green Party (GLP/PEL)  
  Green Party (GPS/PES)  
  Swiss People's Party (SVP/UDC)  
 
Round no 1: Distribution of seats
 
Political Group Total of seats Total 1st & 2nd Others Grand total Number of women  
  Christian-Democratic People's Party (CVP/PDC) 9  
  Swiss People's Party (SVP/UDC) 7  
  Socialist Party (SP/PS) 7  
  Radical-Democratic Party (FDP/PRD) 7  
  Green Party (GPS/PES) 1  
  Zurich Liberal Green Party (GLP/PEL) 0  
Round no 2: Distribution of seats
 
Political Group Total of seats Total 1st & 2nd Others Grand total Number of women  
  Radical-Democratic Party (FDP/PRD) 3 10 2 12 3  
  Christian-Democratic People's Party (CVP/PDC) 3 12 3 15 1  
  Socialist Party (SP/PS) 2 9 0 9 5  
  Zurich Liberal Green Party (GLP/PEL) 1 1 0 1 1  
  Green Party (GPS/PES) 1 2 0 2 0  
  Swiss People's Party (SVP/UDC) 0 7 0 7 0  
 
Comments:
  Sources:
- http://www.politik-stat.ch/srw2007CH_fr.html
- Federal Assembly (22.02.2008)
 
Distribution of seats according to sex:
  Men: 36
  Women: 10
  Percent of women: 21.74
 
Distribution of seats according to age:
  31 to 40 years 2
  41 to 50 years 6
  51 to 60 years 24
  61 to 70 years 14
 
Distribution of seats according to profession:
  Legal professions       15
  Professions related to political activities       7
  Unknown       5
  Consultants (including real estate agents)       4
  Entrepreneurs       4
  Educators       3
  Civil/public servants/administrators (including social/development workers)       2
  Media-related professions (journalists/publishers)       2
  Farmers/agricultural workers (including wine growers)       1
  Medical professions (doctors, dentists, nurses)       1
  Business/trade/industry employees, including executives       1
  Bankers (including invest bankers)/accountants       1

 
PRESIDENCY OF THE PARLIAMENT
 
APPOINTMENT AND TERM OF OFFICE
 
Title:
  President of the Council of States
 
Term:
  - duration: 1 year
- reasons for interruption of the term: resignation, death
Appointment:
  - elected by the Members of the Council
- the election is held every year at the beginning of the winter session, following validation of Members' mandates and swearing-in
 
Eligibility:
  - all Members of the Council (barring the second cantonal MP elected in the canton of the outgoing President)
 
Voting system:
  - formal vote by secret ballot
- an absolute majority of the valid ballots cast is required
- several rounds if no candidate obtains the required majority
- the first two rounds are free - however, starting with the third round, the candidate with the fewest votes must withdraw
 
Procedures / results:
  - the outgoing President presides over the Council during the voting
- the tellers supervise the voting
- the presiding officer of the sitting announces the results without delay
- the results cannot be challenged
 
STATUS
 
Status:
  - ranks fifth in the hierarchy of State, after the President of the Confederation, the Vice-President of the Federal Council, the five other federal councillors and the President of the National Council
- ranks second in the order of precedence between the Presidents of the two Houses
- is the Deputy Presiding officer of joint sittings of both Houses (Federal Assembly)
- represents the Council of States in international bodies
- presides ex officio over the Board, the administrative delegation, the Co-ordinating Conference and, at present, the delegation to the Parliamentary Assembly of the OSCE
- in case of absence, the President is replaced by the Deputy President or former President who is still an MP. Should a vacancy arise before the beginning of the summer session, the Council elects a new President without delay
 
Board:
  - the Board is regulated by the Standing Orders of the Council of States
- consists of 5 Members (President, Vice-President, 2 tellers, 1 substitute teller)
- a term of five years, with each Member occupying successively the post of substitute teller, second teller, first teller, Vice-President and President, each post being held for one year
- meets before each session and as need be during sessions at the President's initiative
- is a decision-making body
 
Material facilities:
  - allowance
- additional allowance of SF 20,000
- official car
- secretariat for the President's Office
 
FUNCTIONS
 
Organization of parliamentary business:
  - establishes and modifies the agenda, while respecting the timetable laid down by the Board
- organizes the debates and sets speaking time

Chairing public sittings :
- can open, adjourn and close sittings
- ensures respect for provisions of the Constitution and Standing Orders
- makes announcements concerning the Chamber
- takes disciplinary measures in the event of disturbance, and lifts such measures
- establishes the list of speakers, gives and withdraws permission to speak
- calls for a vote, decides how it is to be carried out, verifies the voting procedure and cancels a vote in the event of irregularities
- checks the quorum
- authenticates the texts adopted and the records of debates
- interprets the rules or other regulations governing the life of the Chamber
 
Chairing of public sittings:
  - can open, adjourn and close sittings
- ensures respect for provisions of the Constitution and Standing Orders - makes announcements concerning the Council (e.g. reads out the agenda for the next sitting of the National Council
- takes disciplinary measures in the event of disturbance, and lifts such measures
- establishes the list of speakers, gives and withdraws permission to speak
- establishes the order in which amendments are taken up
- calls for a vote, decides how it is to be carried out, verifies the voting procedure and cancels a vote in the event of irregularities
- checks the quorum
- authenticates the texts adopted and the records of debates
- interprets the rules or other regulations governing the life of the Council
 
Special powers:
  - takes part in the establishment of the Chamber's budget within the administrative delegation, together with the President of the other Chamber
- confirms certain appointments made by the administrative delegation
- takes part in the appointment of the Secretary General as part of the Co-ordinating Conference
- is consulted with regard to the organization of the services of Parliament
- is regularly briefed by the Government on the foreign relations situation, on planned projects within the framework of international organizations and on negotiations conducted with foreign States
- is responsible for relations with foreign Parliaments, in agreement with the Co-ordinating Conference
- is responsible for safety, and in this capacity, can call the police in the event of disturbance in the Chamber
 
Speaking and voting rights, other functions:
  - takes the floor in legislative debates (in which case he lets the Vice-President preside)
- only votes in case of a tie
- proposes bills or amendments
 
 
MEMBER OF PARLIAMENT
 
PARLIAMENTARY MANDATE
 
Nature of the mandate:
  · Free representation (Art. 91 of the Constitution of 29.05.1874, updated to 01.10.1996)
 
Start of the mandate:
  · When the MPs take the oath (see Art. 4 (2) of the Standing Orders of the Council of States)
· Procedure (Art. 1 to 4 of the Standing Orders of the Council of States)
 
Validation of mandates:
  · No validation (the Council of States merely takes note of the communications from the cantons announcing the names of those elected)
 
End of the mandate:
  · On the day when the legal term of the House ends, which corresponds to the day when the newly elected Parliament meets
 
Can MPs resign ? Yes
  · Grounds: personal, health, political, professional, concurrent holding of office with cantonal mandates (legal incompatibility or decision taken freely), upon acceptance of foreign decorations
· Procedure: resignations must be addressed in writing to the President.
· Authority competent to accept the resignation: the agreement of the Council of States is not required.
 
Can MPs lose their mandate ? Yes
  (a) Loss of mandate by judicial decision: forfeiture of civil rights
(b) Loss of mandate in case of acceptance, from a foreign government, of benefits or allowances, titles, presents or decorations (Art. 12 (1) of the Constitution)
 
STATUS OF PARLIAMENT MEMBERS
 
Rank in hierarchy:
  · Within Parliament:
1. The President
2. The other deputies
· Outside Parliament: the official order of precedence ranks the President of the Council of States in the 5th position and the State Councillors in the 18th position.
 
Indemnities, facilities and services:
  · Diplomatic passport, upon request, for the President and members of international delegations (IPU, Parliamentary Assemblies of the Council of Europe, the OSCE and of French-speaking Communities, Committee of EFTA Parliamentarians)
· Basic salary (see also Art. 83 of the Constitution): CHF 30,000 per year
+ Additional allowance: CHF 300 per plenary sitting or group or committee meeting
· Partial exemption from tax for the CHF 18,000 of compensation included in the basic salary. The other CHF 12,000 of the basic salary is subject to tax.
· Pension scheme: CHF 5,731 as a contribution to private contingency schemes
· Other facilities:
(a) Secretariat (see also Art. 48 and 49 of the Standing Orders of the Council of States): provision of a personal computer
(b) Official car for the President
(c) Postal and telephone services
(d) Travel and transport
 
Obligation to declare personal assets: Yes
 
Parliamentary immunity - parliamentary non-accountability:
  · The concept does exist (absolute immunity, Art. 2 (2) of the Federal Law on the Responsibility of the Confederation, the Members of its Authorities and of its Officials).
· Absolute immunity is limited to words spoken or written by MPs and votes cast within Parliament. Relative immunity applies to words spoken and written by MPs outside Parliament insofar as they are liable to penal proceedings and have a bearing on parliamentary activity.
· Derogations: offence or insult inside Parliament (Art. 51 (1) and 65 (1) of the Standing Orders of the Council of States; see Discipline), lifting of relative immunity (Art. 14 to 14 ter of the Federal Law on the Responsibility of the Confederation, the Members of its Authorities and of its Officials)
· Non-accountability takes effect on the day when the mandate begins and offers, after the expiry of the mandate, protection against prosecution for opinions expressed during the exercise of the mandate.
 
Parliamentary immunity - parliamentary inviolability:
  · The concept does exist (Art. 1 (1) of the Federal Law on Political and Police Guarantees in Favour of the Confederation).
· It applies only to criminal proceedings, covers all offences and protects MPs from arrest and from being held in preventive cus-tody, from the opening of judicial proceedings against them and from their homes being searched.
· Derogations: preventive arrest remains possible for presumption of flight and, when a crime is involved, in cases of flagrante delicto, but the Council must give its consent within 24 hours, unless the deputy concerned has himself given his consent in writing (Art. 1 (2) of the Federal Law on Political and Police Guarantees in Favour of the Confederation).
· Parliamentary inviolability does not prevent MPs from being called as witnesses before a judge or tribunal.
· Protection is provided only during sessions and does not automatically cover judicial proceedings instituted against MPs before their election, but the MPs concerned may be released or the summons in connection with important judicial proceedings may be annulled (Art. 2 (1), Art. 3 of the Federal Law on Political and Police Guarantees in Favour of the Confederation).
· Parliamentary immunity (inviolability) can be lifted (Art. 1 (1) of the Federal Law on Political and Police Guarantees in Favour of the Confederation):
- Competent authority: the Council of States or the deputy concerned
- Procedure. In this case, MPs can be heard. They have means of appeal.
· Parliament cannot subject the prosecution and/or detention to certain conditions.
· Parliament cannot suspend the prosecution and/or detention of one of its members.
· In the event of preventive custody or imprisonment, the MPs concerned can be authorised to attend sittings of Parliament (Art. 2 (1), Art. 3 of the Federal Law on Political and Police Guarantees in Favour of the Confederation; see Judicial proceedings initiated against MPs before their election).
- Competent authority: the Council of States
- Procedure (Art. 2 (1), Art. 3 of the Federal Law on Political and Police Guarantees in Favour of the Confederation)
 
EXERCISE OF THE MANDATE
 
Training:
  · There is a brief initiation process on parliamentary practices and procedures for MPs.
· It consists of training in procedure, the provision of documentation and guidance for new members provided by the groups.
· Handbooks of parliamentary procedure:
- Aide-mémoire
- Standing Orders of the Council of States
 
Participation in the work of the Parliament:
  · It is compulsory for MPs to be present at plenary sittings and committee meetings (Art. 12 (1) (see also (2) to (4)), Art. 39 and 40 (1) of the Standing Orders of the Council of States).
· Penalties foreseen in case of failure to fulfil this obligation: loss of allowances
 
Discipline:
  · The rules governing discipline within Parliament are contained in Art. 7 (1), 44 (2) and (3), 55 and 56 of the Standing Orders of the Council of States.
· Disciplinary measures foreseen:
- Call to order (Art. 56 of the Standing Orders of the Council of States)
- Warning for irrelevance (Art. 55 of the Standing Orders of the Council of States)
- Expulsion from the room (Art. 44 (2) of the Standing Orders of the Council of States)
- Lifting of the sitting (Art. 44 (3) of the Standing Orders of the Council of States)
· Specific cases:
- Offence or insult (Art. 56 of the Standing Orders of the Council of States): call to order
· Competent body to judge such cases/to impose penalties (see Art. 7 (1) of the Standing Orders of the Council of States):
- Call to order: the President; the Council (appeal)
- Warning for irrelevance, expulsion from the room, lifting of the sitting: the President
· Procedure:
- Call to order, offence or insult (Art. 56 of the Standing Orders of the Council of States)
- Warning for irrelevance (Art. 55 of the Standing Orders of the Council of States)
- Expulsion from the room (Art. 44 (2) of the Standing Orders of the Council of States)
- Lifting of the sitting (Art. 44 (3) of the Standing Orders of the Council of States)
 
Code (rules) of conduct:
  · This concept does not exist in the country's juridical system.
 
Relations between MPs and pressure group:
  · There are no legal provisions in this field.
 

red cube  Also available:  Archive of past election results for this chamber  red cube

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