Die schweizerische Bundesversammlung und das Völkerrecht – Spurensuche zwischen Verfassungsrecht und politischer Praxis

Abstract

The constitutional role of parliament in foreign policy in general and in the further development of international law relevant to Switzerland cannot be reduced to a simple denominator. In the small state of Switzerland, the parliament’s understanding of its role oscillates back and forth between fears of commitment, worries about isolation and the desire for active co-responsibility. The Federal Constitution formulates only very sparingly what the Federal Assembly as parliament has to do in the field of foreign policy. Political practice has given new contours to parliamentary self-understanding: The question of the right relationship with Europe, the position and significance of soft law, and the concretisation of the law of neutrality have been in the foreground. Parliament is trying to actively develop the instruments that the federal constitution and parliamentary law place at its disposal: Extensive use is made of consultation rights, and the approval of treaties demonstrates a willingness to play an active role.