After a dispute over jurisdiction

Members of the Council of States decide not to discuss the issue of a two-thirds majority

In the case of the EU deal, the voice of the people alone might not be enough in the end. The Council of States has postponed the decision on the higher voting threshold—leaving open the question of how difficult the path ahead will be for Bilateral Agreements III.

Keystone-SDA

11.06.2026, 07:08•12.06.2026, 08:44

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The Council of States has not yet decided whether the EU treaty package requires a two-thirds majority in the Council of States in addition to a popular majority. The majority believes that, following unanimous decisions by the relevant parliamentary committees, a draft proposal on this matter should first be drafted.

On Thursday, the upper house concluded only the discussion on which parliamentary committees should take the lead on this issue. The focus was on procedural matters. No substantive discussion took place regarding the double majority for the EU treaties.

After an hour-and-a-half-long debate, which at times became emotional, the Council of States voted 24 to 20 to continue the substantive discussion on the simple or double majority for the Bilateral Agreements III for the time being in the Council of States’ Committee on Constitutional Affairs (SPK-S). A corresponding procedural motion by Daniel Fässler (Center/AI) was adopted.

The SPK-S is expected to address the referendum issue in depth at the end of June. Three proposals are on the table: The Federal Council advocates for an optional referendum, which would not require a majority of the cantons. The second option is a mandatory “sui generis” referendum on international treaties.

As a third option, the two parliamentary committees on political institutions also intend to examine a proposal by legal scholar Stefan Schmid. He had pointed out a contradiction between the Federal Constitution and the EU treaty package, particularly regarding the free movement of persons. As a solution, he proposed a transitional article for the Constitution.

Following the preliminary review by the SPK-S, the Council of States is expected to begin deliberations on the entire EU dossier—including the referendum question—during the fall session. The final decision in Parliament will be made next year at the earliest, once the National Council has also considered the matter. The outcome is still open.