Is the Federal Council only capable of enacting ordinances, but not laws?

March 14, 2025

Administrative Law

Yes, the Federal Council is actually authorized to issue regulations, but not laws. The Federal Constitution of the Swiss Confederation states in Art. 182 para. 1: "The Federal Council issues legally binding provisions in the form of regulations, as far as it is authorized to do so by the Constitution or by law." Legislation, on the other hand, is anchored in the core task of the Federal Assembly. According to Art. 164 para. 1 BV, important legislation is enacted in the form of federal laws, and in Art. 163 para. 1 BV, it is stated that the Federal Assembly enacts legally binding provisions as federal law or regulation. However, the Federal Council has the right of initiative to submit legislative proposals to the Federal Assembly (Art. 181 BV). It thus plays a significant role in the legislative process by presenting drafts for regulations to Parliament, which must then be adopted by Parliament (ius.uzh.ch). In addition to these responsibilities, the Federal Council is allowed to adopt regulations or orders in very urgent cases without the consent of the united Federal Assembly to protect the population (easyvote.ch/de/wissen/schweizer-politik/bundesrat).

It can thus be clearly stated that the Federal Council does not have independent legislative competence, but can issue regulations within the framework of its legal or constitutional powers.

Sources

Federal Constitution of the Swiss Confederation of April 18, 1999 > 5. Title: Federal Authorities > 2. Chapter: Federal Assembly > 3. Section: Responsibilities > Legislation

Art. 164 para. 1 BV

1 All important legislative provisions shall be enacted in the form of federal law. This particularly includes the fundamental provisions regarding: a. the exercise of political rights; b. the restrictions of constitutional rights; c. the rights and duties of individuals; d. the group of taxpayers as well as the subject and assessment of taxes; e. the tasks and services of the Federal Government; f. the obligations of the cantons in the implementation and enforcement of federal law; g. the organization and procedures of federal authorities.

Art. 164 para. 2 BV

2 Legislative powers can be transferred by federal law, provided this is not excluded by the federal constitution.

Federal Constitution of the Swiss Confederation of April 18, 1999 > 5. Title: Federal Authorities > 2. Chapter: Federal Assembly > 3. Section: Responsibilities > Legislation

Art. 164 para. 1 BV

1 All important legislative provisions shall be enacted in the form of federal law. This particularly includes the fundamental provisions regarding: a. the exercise of political rights; b. the restrictions of constitutional rights; c. the rights and duties of individuals; d. the group of taxpayers as well as the subject and assessment of taxes; e. the tasks and services of the Federal Government; f. the obligations of the cantons in the implementation and enforcement of federal law; g. the organization and procedures of federal authorities.

Art. 164 para. 2 BV

2 Legislative powers can be transferred by federal law, provided this is not excluded by the federal constitution.

Federal Constitution of the Swiss Confederation of April 18, 1999 > 5. Title: Federal Authorities > 2. Chapter: Federal Assembly > 3. Section: Responsibilities > Form of the Acts of the Federal Assembly

Art. 163 Abs. 1 BV

1 The Federal Assembly enacts legislative provisions in the form of federal laws or ordinances.

Art. 163 Abs. 2 BV

2 The other acts are issued in the form of federal resolutions; a federal resolution not subject to a referendum is referred to as a simple federal resolution.

Federal Constitution of the Swiss Confederation of April 18, 1999 > 5. Title: Federal Authorities > 2. Chapter: Federal Assembly > 3. Section: Responsibilities > Form of the Acts of the Federal Assembly

Art. 163 Abs. 1 BV

1 The Federal Assembly enacts legislative provisions in the form of federal laws or ordinances.

Art. 163 Abs. 2 BV

2 The other acts are issued in the form of federal resolutions; a federal resolution not subject to a referendum is referred to as a simple federal resolution.

Federal Constitution of the Swiss Confederation of April 18, 1999 > 5. Title: Federal Authorities > 3. Chapter: Federal Council and Federal Administration > 2. Section: Responsibilities > Right of Initiative

Art. 181 FC

The Federal Council submits drafts of its legislation to the Federal Assembly.

Federal Constitution of the Swiss Confederation of April 18, 1999 > 5. Title: Federal Authorities > 3. Chapter: Federal Council and Federal Administration > 2. Section: Responsibilities > Right of Initiative

Art. 181 FC

The Federal Council submits drafts of its legislation to the Federal Assembly.