Participation of the cantons in foreign policy
The Confederation involves the cantons in foreign policy when decisions in this area affect their powers or essential interests. The cantons' participation rights are enshrined in Article 55 of the Federal Constitution and in the Federal Act on Participation of the Cantons in the Foreign Policy of the Swiss Confederation. The Confederation's fundamental foreign policy competence and capacity to act remain unrestricted.
Mutual duty of the Confederation and cantons to provide information
The mutual duty of the Confederation and cantons to provide information is central to the participation outlined above. The Confederation must inform the cantons in a timely and comprehensive manner about foreign policy projects of importance to the cantons. The Federal Dialogue and European Dialogue play a key role in this context, with a Federal Council delegation meeting regularly with a delegation of cantonal councillors to exchange information and discuss strategic issues.
Consultation of cantons prior to foreign policy decisions
If requested by the cantons, the Confederation must consult the cantons when preparing foreign policy decisions. The Confederation can also do this on its own initiative. In the case of negotiations with other states or with international organisations, such consultations generally take place before the negotiations begin. The Confederation weights the standpoints of the cantons based on the extent to which they are affected. The Confederation can deviate from these standpoints if necessary, but must justify its decision.
Involvement of the cantons in negotiations
In negotiations, the Confederation involves the cantons in the preparation of negotiation mandates and generally also in negotiations, if their powers are affected. In other cases, the Confederation may involve the cantons on its own initiative. This is in line with common practice, which has proved its worth in sectoral negotiations with the EU. If federal negotiation delegations include cantonal representatives, these are proposed by the cantons. They are appointed by the Confederation and are subject to the instructions of the negotiating tea
The cantons' own agreements with foreign countrie
According to the Federal Constitution (Article 56), the cantons may conclude agreements with foreign countries within the scope of their powers. These agreements must not conflict with the law or the interests of the Confederation, or with the laws of any other cantons. The cantons must inform the Confederation before concluding the agreements. The cantons may deal directly with lower-ranking foreign authorities. If the cantons' dialogue partners are the central authorities of a foreign state, the Confederation deals with the foreign state on behalf of the cantons.
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Contact
FDFA, Directorate of International Law DIL
Kochergasse 10
3003 Bern