Return to all questions

Return to all questions

The federal patchwork in the relationship between state and religion is a thorn in the side of the Church of Fortuna. It aims to ensure that this is regulated uniformly across Switzerland in the future. Could the Fortuna association achieve its goal through a popular initiative or through a concordat? How should it proceed concretely, what procedural steps should be observed, and what would be the respective advantages and disadvantages?

March 14, 2025

Administrative Law

Open in Omnilex

The Fortuna Association has two potentially viable avenues to pursue its goal of a uniform regulation of the relationship between state and religion in Switzerland: a popular initiative or a concordat.

### Popular Initiative:

The Fortuna Association could initiate a popular initiative for a partial revision of the Federal Constitution according to Art. 139 of the Federal Constitution (BV). The following procedural steps must be observed:

1. Formulation of the Concern: The popular initiative can either be submitted as a general proposal or as a developed draft (Art. 139 para. 2 BV). 2. Collection of Signatures: The Fortuna Association needs the support of 100,000 eligible voters, which must be collected within 18 months (Art. 139 para. 1 BV). 3. Verification of Validity: The initiative must not violate the unity of form and content as well as mandatory provisions of international law (Art. 139 para. 3 BV). 4. Processing by the Federal Assembly: If the initiative is submitted as a general proposal and is rejected by the Federal Assembly, it will still be submitted to the people for a vote. For a developed draft, the initiative is submitted directly to the people and the cantons for a vote, with the Federal Assembly providing a recommendation for acceptance or rejection of the initiative and possibly creating a counter-draft (Art. 139 para. 4 and 5 BV; Art. 194 para. 1-3 BV). Advantages:

- Direct involvement of the population.

- Broad discussion and awareness of the topic.

Disadvantages:

- Long and complicated procedure.

- Possibility of rejection by the Federal Assembly or the people.

### Concordat:

The Fortuna Association could also seek to establish a concordat. According to Art. 48 BV, cantons can enter into contracts with each other and create joint organizations and institutions. However, these contracts must not conflict with the interests of the Confederation and the rights of other cantons and must be submitted to the Confederation for acknowledgment (Art. 48 para. 3 BV).

Procedural Steps: 1. Negotiations with the Cantons: Collaboration and negotiations with the individual cantons to reach a common agreement. 2. Drafting an Inter-Cantonal Contract: Formulation of the concordat that meets the necessary legal requirements and outlines the essential content of the provisions (Art. 48 para. 4 BV). 3. Approval by the Cantons: Consent of the cantonal parliaments. 4. Notification to the Confederation: The concordat must be acknowledged by the Confederation. Advantages:

- Only the affected cantons need to agree, not the entire population.

- Opportunity to treat the topic in a more specialized and regionally adapted manner.

Disadvantages:

- Different interests of the cantons can lead to lengthy negotiations.

- Risk of inconsistency due to participating and non-participating cantons.

Both methods have their own advantages and disadvantages, and the Fortuna Association must weigh which approach is more suitable to achieve the desired goal.

Sources

Federal Constitution of the Swiss Confederation of April 18, 1999 > 4. Title: People and States > 2. Chapter: Initiative and Referendum > Popular Initiative for Partial Revision of the Federal Constitution

Art. 139 para. 1 BV

1 100 000 eligible voters can request a partial revision of the Federal Constitution within 18 months from the official publication of their initiative.

Art. 139 para. 2 BV

2 The popular initiative for partial revision of the Federal Constitution can take the form of a general proposal or a drafted bill.

Art. 139 para. 3 BV

3 If the initiative violates the unity of form, the unity of matter, or mandatory provisions of international law, the Federal Assembly declares it entirely or partially invalid.

Art. 139 para. 4 BV

4 If the Federal Assembly agrees to an initiative in the form of a general proposal, it drafts the partial revision in accordance with the initiative and submits it to the people and the states for a vote. If it rejects the initiative, it submits it to the people for a vote; the people decide whether to follow the initiative. If they agree, the Federal Assembly drafts a corresponding proposal.

Art. 139 para. 5 BV

5 An initiative in the form of a drafted bill is submitted to the people and the states for a vote. The Federal Assembly recommends the initiative for acceptance or rejection. It may present a counterproposal to the initiative.

Federal Constitution of the Swiss Confederation of April 18, 1999 > 4. Title: People and States > 2. Chapter: Initiative and Referendum > Popular Initiative for Partial Revision of the Federal Constitution

Art. 139 para. 1 BV

1 100 000 eligible voters can request a partial revision of the Federal Constitution within 18 months from the official publication of their initiative.

Art. 139 para. 2 BV

2 The popular initiative for partial revision of the Federal Constitution can take the form of a general proposal or a drafted bill.

Art. 139 para. 3 BV

3 If the initiative violates the unity of form, the unity of matter, or mandatory provisions of international law, the Federal Assembly declares it entirely or partially invalid.

Art. 139 para. 4 BV

4 If the Federal Assembly agrees to an initiative in the form of a general proposal, it drafts the partial revision in accordance with the initiative and submits it to the people and the states for a vote. If it rejects the initiative, it submits it to the people for a vote; the people decide whether to follow the initiative. If they agree, the Federal Assembly drafts a corresponding proposal.

Art. 139 para. 5 BV

5 An initiative in the form of a drafted bill is submitted to the people and the states for a vote. The Federal Assembly recommends the initiative for acceptance or rejection. It may present a counterproposal to the initiative.

Art. 139 para. 1 BV

1 100 000 eligible voters can request a partial revision of the Federal Constitution within 18 months of the official publication of their initiative.

Art. 139 para. 2 BV

2 The popular initiative for a partial revision of the Federal Constitution can take the form of a general proposal or a draft proposal.

Art. 139 para. 3 BV

3 If the initiative violates the unity of form, the unity of matter, or mandatory provisions of international law, the Federal Assembly declares it wholly or partially invalid.

Art. 139 para. 4 BV

4 If the Federal Assembly agrees to an initiative in the form of a general proposal, it develops the partial revision in accordance with the initiative and submits it to the people and the cantons for a vote. If it rejects the initiative, it submits this to the people for a vote; the people decide whether to follow the initiative. If approved, the Federal Assembly prepares a corresponding proposal.

Art. 139 para. 5 BV

5 An initiative in the form of a draft proposal is submitted to the people and the cantons for a vote. The Federal Assembly recommends the initiative for acceptance or rejection. It can present a counter-proposal to the initiative.

Art. 139 para. 1 BV

1 100 000 eligible voters can request a partial revision of the Federal Constitution within 18 months of the official publication of their initiative.

Art. 139 para. 2 BV

2 The popular initiative for a partial revision of the Federal Constitution can take the form of a general proposal or a draft proposal.

Art. 139 para. 3 BV

3 If the initiative violates the unity of form, the unity of matter, or mandatory provisions of international law, the Federal Assembly declares it wholly or partially invalid.

Art. 139 para. 4 BV

4 If the Federal Assembly agrees to an initiative in the form of a general proposal, it develops the partial revision in accordance with the initiative and submits it to the people and the cantons for a vote. If it rejects the initiative, it submits this to the people for a vote; the people decide whether to follow the initiative. If approved, the Federal Assembly prepares a corresponding proposal.

Art. 139 para. 5 BV

5 An initiative in the form of a draft proposal is submitted to the people and the cantons for a vote. The Federal Assembly recommends the initiative for acceptance or rejection. It can present a counter-proposal to the initiative.

Federal Constitution of the Swiss Confederation of April 18, 1999 > 3. Title: Confederation, Cantons and Municipalities > 1. Chapter: Relationship between the Confederation and the Cantons > 2. Section: Cooperation between the Confederation and the Cantons > Contracts between Cantons

Art. 48 para. 1 BV

1 The Cantons may conclude contracts with each other and establish joint organizations and facilities. In particular, they can jointly fulfill tasks of regional interest.

Art. 48 para. 3 BV

3 Contracts between Cantons may not contradict the law and the interests of the Confederation as well as the rights of other Cantons. They must be reported to the Confederation.

Art. 48 para. 4 BV

4 The Cantons may empower inter-cantonal bodies through inter-cantonal agreements to issue legislative provisions that implement an inter-cantonal contract, provided that the contract: a. has been approved according to the same procedure as applies to legislation; b. establishes the essential principles of the provisions.

Art. 48 para. 5 BV

5 The Cantons observe inter-cantonal law.

Art. 48 para. 2 BV

2 The Confederation may participate within the framework of its competencies.

Federal Constitution of the Swiss Confederation of April 18, 1999 > 3. Title: Confederation, Cantons and Municipalities > 1. Chapter: Relationship between the Confederation and the Cantons > 2. Section: Cooperation between the Confederation and the Cantons > Contracts between Cantons

Art. 48 para. 1 BV

1 The Cantons may conclude contracts with each other and establish joint organizations and facilities. In particular, they can jointly fulfill tasks of regional interest.

Art. 48 para. 3 BV

3 Contracts between Cantons may not contradict the law and the interests of the Confederation as well as the rights of other Cantons. They must be reported to the Confederation.

Art. 48 para. 4 BV

4 The Cantons may empower inter-cantonal bodies through inter-cantonal agreements to issue legislative provisions that implement an inter-cantonal contract, provided that the contract: a. has been approved according to the same procedure as applies to legislation; b. establishes the essential principles of the provisions.

Art. 48 para. 5 BV

5 The Cantons observe inter-cantonal law.

Art. 48 para. 2 BV

2 The Confederation may participate within the framework of its competencies.


Previous Question

Next Question