On 20 December 2024, EU Commission President Ursula von der Leyen visited Bern to conclude the long negotiations between Switzerland and the EU on their future relationship. The terms agreed between Brussels and Bern now need to be formalised in legal form. However, it is likely that those against the relationship or the form of it will oppose it. A key question is whether the treaties agreed with the EU will by subject to a mandatory or an optional referendum. This week, a parliamentary committee concluded that a mandatory referendum is not required, reported SRF.
A mandatory referendum must achieve a double majority to be accepted. A double majority is achieved when a majority of voters across the country vote in favour of the referendum and it achieves a majority in a majority of cantons. An optional referendum requires only a popular majority.
With 15 votes versus 10 the parliamentary committee decided the constitutional requirements for a mandatory referendum have not been met for any of the new agreements reached between Bern and Brussels. In particular, the agreements do not require Switzerland to accede to a supranational community.
In addition, the Federal Office of Justice (FOJ), based on a legal assessment, concluded that according to Switzerland’s constitution the EU treaties are not subject to a mandatory referendum, even in exceptional cases.
The Federal Council, Switzerland’s executive, has not yet weighed in on the question of whether an optional or mandatory referendum is appropriate. After the conclusion of negotiations with Brussels in December, Foreign Minister Ignazio Cassis said the question would require a process of consultation.
The leadership of the Swiss People’s Party (UDC/SVP) severely criticised the committee’s decision. In December 2024 the party described the deal as a treaty of subjugation, which will increase immigration and require Switzerland to automatically accept EU rules, undermining Swiss democracy.
More on this:
SRF article (in German)
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