Switzerland - EU EU treaties probably do not require a majority of the cantons, according to legal analysis

The outcome of the EU negotiations can probably not be subject to a mandatory referendum under the current constitution. This is the conclusion reached by the Federal Office of Justice in a legal analysis, which the Federal Council took note of on Wednesday.

The twenty-page expert opinion, which was made available to the Keystone-SDA news agency on Wednesday, concludes that there is probably no constitutional basis for subjecting the outcome of EU negotiations to a mandatory referendum on state treaties in non-explicit cases (sui generis).

This means that - depending on the outcome of the negotiations - the agreements could only be subject to an optional referendum according to the analysis. This would mean that a majority of the people would suffice and a majority of the cantons would not be required. The hurdle for the EU proposal in a vote would therefore be lower.

The expert opinion is a legal and not a political assessment. The Federal Council does not intend to decide which proposal it will submit to the Federal Assembly until the dispatch on the negotiation package. The SVP, which rejects negotiations with the EU in principle, made it clear earlier that it considers a vote with a majority of the cantons to be necessary.