‘Constitutional amendment concerning Bilaterals III’ parliamentary initiative: Federal Council reaffirms its position

The parliamentary initiative 26.425 (‘Constitutional amendment concerning Bilaterals III’) by the PIC-S aims to create a constitutional basis for the agreements on the stabilisation of relations between Switzerland and the EU by means of a transitional provision in the Federal Constitution. This approach would mean that the agreements forming part of the stabilisation component of the Switzerland–EU package would be subject to a mandatory referendum.

The committee justifies this approach on the grounds that it would dispel any doubts regarding the constitutionality of the amendment to the Agreement on the Free Movement of Persons (AFMP) by clarifying that Article 121a paragraph 4 does not apply to the amendment to the AFMP. Furthermore, the new constitutional provision would put an end to the debate over the controversial application of a sui generis mandatory referendum on international treaties.

The PIC-S also resolved to exclude a referendum on domestic implementation. In the event that the Council of States rejects the parliamentary initiative, the committee envisages a contingency motion for a sui generis mandatory referendum.

An optional referendum as the correct solution

On 13 March 2026, the Federal Council adopted the dispatch on the Switzerland–EU package for submission to Parliament. On this occasion, it set out and justified the structure of the approval bill. The agreements on stabilising the bilateral approach, together with the corresponding domestic implementation and accompanying measures, were incorporated into a federal decree. The three new agreements on the further development of the bilateral approach in the areas of electricity, food safety and health are the subject of separate federal decrees. Based on its decision of 30 April 2025, the Federal Council proposed an optional international treaty referendum for all agreements in the Switzerland–EU package.

In its statement issued today (link 2), the Federal Council has reaffirmed the arguments it put forward on 30 April 2025 and 13 March 2026:

• The current Federal Constitution provides for an optional referendum on the agreements forming part of the stabilisation component of the Switzerland–EU package.
• The agreements do not meet the requirements for a sui generis mandatory referendum.
• The optional referendum is in line with previous practice under Bilaterals I and II, although in the case of the Schengen/Dublin association agreement, should a relevant EU legal act not be adopted as part of dynamic alignment with EU law, Switzerland’s association shall be automatically terminated after a certain period has elapsed.
• The optional referendum proposed by the Federal Council allows the agreements in question to be formally linked to their domestic implementation without precluding a referendum on that domestic implementation, which represents the cleanest solution from a democratic perspective.
• The optional referendum ensures the greatest possible scope for action for Parliament and the cantons.

During the consultation on the Switzerland–EU package (June to October 2025), fifteen of the twenty-six cantons and five of the seven political parties represented in Parliament came out in favour of the optional referendum.

Risks to the political system

The Federal Council has already examined the approach proposed by the PIC-S in detail in its dispatch (para. 4.2.2.1.5). It has concluded that the approach entails risks to the political system:

• It would deviate from the constitutional procedure.
• There is no precedent for this approach.
• There is a risk that a precedent would be set for future treaties under international law.

Stabilisation agreements are in accordance with the constitution

The Federal Council has also set out in detail in the dispatch (para. 2.3.10.1.3) that, in its view, the agreements in the stabilisation component of the Switzerland–EU package – specifically the amendments to the AFMP – are in accordance with the constitution:

• Article 121a of the Federal Constitution on the management of immigration refers only to foreign nationals who are immigrating for the first time. The protocol amending the AFMP is compatible with Article 121a of the Federal Constitution, as only a small number of additional people could immigrate to Switzerland for the first time as a result of the amendments to the AFMP.
• Family reunification is being extended only slightly. This does not conflict with the policy objective set out in Article 121a of the Federal Constitution. The only new entitlements relate to the right to family reunification for family members of registered partners. Between 2012 and 2021, between 100 and 160 residence permits were granted annually to family members of registered partners. According to estimates, approximately seven to twelve children join such registered couples in Switzerland each year.
• The commitment to dynamic alignment with EU law does not lead to the relinquishing of Switzerland’s independent control over immigration in accordance with article 121a of the Federal Constitution, nor does it entail a loss or transfer of control over immigration. Switzerland must continue to give its explicit consent to the incorporation of new EU legal acts into the AFMP on a case-by-case basis.

From the Federal Council’s perspective, the above considerations remain valid. The Federal Council therefore proposes that the Council of States does not enter into deliberations on the PIC-S’s parliamentary initiative.

Stability of relations with the EU

With the Switzerland–EU package (Bilaterals III), the Federal Council aims to ensure the continuity of economic, scientific and social relations with the EU, Switzerland’s most important trading partner. Given the international situation, stable and reliable relations with Switzerland’s European neighbours are of strategic importance.