Source

Source of the lead and the following paragraphs, reproduced verbatim in the German version and translated here: Political Institutions Committee of the Council of States (PIC-S), «Kodifizierung der «Schubert-Praxis»», press release of 20 October 2026. https://www.parlament.ch/press-releases/Pages/mm-spk-s-2026-10-20.aspx?lang=1031

The PIC-S’s parliamentary initiative 26.425 («Verfassungsanpassung betreffend die Bilateralen III») comprises two parts: a «Referendum» part, which the Council of States already adopted during the 2026 autumn session, and a part on codifying the Federal Supreme Court’s Schubert practice. At its meeting on 29 and 30 June 2026, the committee decided to draw up a separate draft for the second part and submit it for consultation.

At its meeting on 15 October 2026, the PIC-S voted by 7 votes to 3 with 1 abstention to consider this draft and decided to submit two variants for consultation. The first variant is supported by six committee members and provides for enshrining the Schubert practice in the Constitution. Five committee members favour the second variant, which would enshrine it at statutory level. The committee minority proposes not considering the draft, as it regards codification of the Schubert practice as unnecessary and potentially even detrimental.

If the Federal Assembly deliberately enacts a law that conflicts with Switzerland’s obligations under international law, the Federal Supreme Court considers this more recent law to be binding on the basis of the Schubert practice. There are, however, some exceptions to this practice, particularly where the obligations under international law concern the protection of human rights or the free movement of persons. The proposed amendments, whether at statutory or constitutional level, are intended to remove doubts about the applicability of the Schubert practice to the relationship between federal acts and internal market agreements between Switzerland and the EU. The federal legislature is to have the necessary latitude domestically to depart from certain agreements if necessary and accept the corresponding consequences under international law.

The consultation period ends on 4 December 2026 so that the draft can be submitted to the Council of States during the 2027 spring session.