Consult the detailed scoring methodology.
| Question | Answer | Note |
|---|---|---|
| Do ministries or regulatory agencies develop forward regulatory plans – that is, a public list of anticipated regulatory changes or proposals intended to be adopted/implemented within a specified time frame? | Yes, throughout government | |
| Are these plans available to general public? | Yes | |
| Do ministries or regulatory agencies publish the text or summary of proposed (not yet adopted) regulations before their enactment? | Yes, throughout government | |
| Where is the draft text or summary published? |
On a unified website where all proposed regulations are published; printed in a federal journal or similar publication; directly distributed to intere...
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On a unified website where all proposed regulations are published; printed in a federal journal or similar publication; directly distributed to interested stakeholders. |
https://www.admin.ch/gov/fr/accueil/droit-federal/procedures-consultation.html
The Federal Chancellery of Switzerland announces in the official gazette (Bundesblatt) the opening of the consultation procedure (in accordance with art. 13 of the Ordinance on the consultation procedure). The draft legislation itself is however not published in the gazette. |
| Do ministries or regulatory agencies have the legal obligation to publish the text of proposed regulations before their enactment? | Yes, throughout government |
Article 13 of the Publications Act.
|
| Is the entire text of the proposed draft published? | Yes, throughout government | |
| Is there a period of time set by law for the text of the proposed regulations to be publicly available? | Yes |
Article 7 section 2 of the Law on the consultation procedure.
|
| Question | Answer | Note |
|---|---|---|
| Do ministries or regulatory agencies solicit comments on proposed (not yet adopted) regulations from the general public? | Yes, throughout government | |
| How are the comments received? |
On a unified website for all proposed regulations; through public meetings; through targeted outreach to stakeholders, such as business associations o...
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On a unified website for all proposed regulations; through public meetings; through targeted outreach to stakeholders, such as business associations or other groups; through email. |
|
| Are received comments publicly accessible? | Yes, throughout government | |
| Is the rulemaking body required by law to solicit these comments on proposed regulations? | Yes |
Art. 3 of the Consultation Act - http://www.admin.ch/opc/fr/classified-compilation/20032737/index.html
|
| Is there a specialized government body or department tasked with soliciting and receiving these comments? | No | |
| Do ministries or regulatory agencies report on the results of the consultation on proposed regulations? | Yes, throughout government | |
| How does the government report on the results of the consultation? | Other |
A report on the consultation results is made public (Art. 9 al 1 let. C of the Act on the Consultation Procedure).
|
| Where does the government report on the results of the consultation? | On a unified website for all proposed regulations. |
https://www.admin.ch/gov/fr/accueil/droit-federal/procedures-consultation.html
A summary is also published in the Federal Council message accompanying a bill. |
| Is reporting on the results of the consultation required by law? | Yes |
Article 9 section 1 let. C of the Act on the Consultation Procedure and Article 20 of the Ordinance on the consultation procedure.
|
| Question | Answer | Note |
|---|---|---|
| Do ministries or regulatory agencies conduct an impact assessment of proposed (not yet adopted) regulations? | Yes, throughout government | |
| Are there criteria used for determining which proposed regulations are subjected to an impact assessment? | Yes |
RIA is usually necessary when at least 3 of the 10 following conditions are met (or when the consequences described therein are undetermined):
1. Broad economic consequences 2. At least 3 economic groups are concerned (cf. RIA guidelines for full list) 3. More than 10 000 companies are affected 4. Administrative burden, regulatory costs 5. Competition 6. Degree of international opening 7. Effect on the attractiveness of the business field 8. Environmental sustainability 9. Social sustainability 10. Energy consumption, CO2 emissions |
| Are there any specific regulatory impact assessment guidelines? | Yes | |
| Are impact assessments required by law? | Yes |
Parliament Act, Article 141 section 2, Directives of the Federal Council, September 15, 1999.
|
| Are impact assessment made publicly available? | Yes | |
| How is this assessment distributed? | Through a unified website for all proposed regulations; through the website of the relevant ministry or regulator. |
http://www.admin.ch/bundesrecht/00568/index.html?lang=fr .
In-depth impact assessment accessible on the SECO website at http://www.seco.admin.ch/themen/00374/00459/00465/04054/index.html?lang=fr |
| When is this assessment distributed? | Together with the draft proposed legislation and after the consultation period for the proposed legislation. | |
| Is there an obligation for regulators to consider alternatives to proposed regulation? | Yes, throughout government |
The alternatives should be explained in the message or in the explanatory memorandum.
|
| Is there a specialized government body tasked with reviewing and monitoring regulatory impact assessments conducted by other individual agencies or government bodies? | Yes | |
| Please provide the name of this government body, and explain its functions. |
The procedure is conducted by the Federal Council and the Federal Chancellery. Messages of the Federal Council are submitted for a consultation in eve...
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The procedure is conducted by the Federal Council and the Federal Chancellery. Messages of the Federal Council are submitted for a consultation in every ministry. In-depth impact assessments are conducted in coordination with SECO (State Secretariat for E |
| Question | Answer | Note |
|---|---|---|
| Are the laws that are currently in effect available in a single place? | Yes | |
| How are the laws that are in force accessed? |
On a unified website managed by the government Printed in an official gazette / journal or other publication |
https://www.admin.ch/gov/fr/accueil/droit-federal/recueil-systematique.html
Federal Gazette (Bundesblatt) |
| Are the secondary regulations that are currently in effect codified and available in a single place? | Yes | |
| Are these websites or registries updated regularly? | Yes | |
| Can these websites or registries be accessed by the public free of charge? | Yes |
| Question | Answer | Note |
|---|---|---|
| Do ministries or regulatory agencies conduct ex-post reviews? | Yes, throughout government | |
| Are there any criteria for which regulations are subject to ex-post reviews? | No | |
| What specific approaches are used by your government? |
Rolling Reviews Legislation-specific review requirement |
|
| Are ex-post reviews required by law? | No |
| Question | Answer | Note |
|---|---|---|
| Can affected parties request reconsideration or appeal adopted regulations to the relevant administrative agency? | No | |
| When appealing against adverse regulatory decisions, which options are typically available to affected parties? | n/a | |
| Is there any existing requirement that regulations be periodically reviewed to see whether they are still needed or should be revised? | Yes |