A federal decree ( German: Bundesbeschluss; French: Arrêté fédéral, Italian: Decreto Federale) is an act that can be adopted by the Swiss Federal Assembly in application of a federal law, insofar as the text does not contain rules of law (art. 163 para. 2), [1] meaning that it can only be a decision on the application of general and abstract norms laid down in the law. [2]
The Federal Constitution of 1874 (art. 89 para. 2) introduced the possibility of adopting a federal decree of general application. [3] The difference with an ordinary federal law lies in the " emergency clause" and the limited duration of the decree. [3]
The 1999 Federal Constitution confirmed this configuration, even though the form of a federal law may also be used. [3] The difference lies in the facultative referendum ( German: fakultatives Referendum; French: référendum facultatif, Italian: referendum facoltativo, Romansh: referendum facultativ). In the case of a decree, a referendum is only possible if provided for in the Constitution or by law (art. 141 para. 1 let. c); [4] [3] [2] this is referred to as an administrative referendum. [2] Furthermore, it is not covered by the rule laid down in article 189 of the Constitution concerning an appeal to the Federal Supreme Court. [5]
{{
cite book}}
: CS1 maint: location missing publisher (
link)
A federal decree ( German: Bundesbeschluss; French: Arrêté fédéral, Italian: Decreto Federale) is an act that can be adopted by the Swiss Federal Assembly in application of a federal law, insofar as the text does not contain rules of law (art. 163 para. 2), [1] meaning that it can only be a decision on the application of general and abstract norms laid down in the law. [2]
The Federal Constitution of 1874 (art. 89 para. 2) introduced the possibility of adopting a federal decree of general application. [3] The difference with an ordinary federal law lies in the " emergency clause" and the limited duration of the decree. [3]
The 1999 Federal Constitution confirmed this configuration, even though the form of a federal law may also be used. [3] The difference lies in the facultative referendum ( German: fakultatives Referendum; French: référendum facultatif, Italian: referendum facoltativo, Romansh: referendum facultativ). In the case of a decree, a referendum is only possible if provided for in the Constitution or by law (art. 141 para. 1 let. c); [4] [3] [2] this is referred to as an administrative referendum. [2] Furthermore, it is not covered by the rule laid down in article 189 of the Constitution concerning an appeal to the Federal Supreme Court. [5]
{{
cite book}}
: CS1 maint: location missing publisher (
link)