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.
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