Commentaries: Art. 109

Parliamentary initiatives brought by a council member or a parliamentary group, together with proposals submitted to a committee for the preparation of an initiative by that committee shall be subject to a preliminary examination.
The relevant committee of the council to which the initiative has been submitted shall decide within one year of being assigned the initiative whether to endorse the initiative or whether to instruct its council not to endorse the initiative. If the council follows the instructions of the committee, the initiative is regarded as having been dealt with.¹
The decision to endorse an initiative or to have the committee prepare its own initiative requires the consent of the relevant committee of the other council. This committee shall invite the committee responsible for the initial consideration to appoint a delegation to present its decision. If the latter committee does not consent, the initiative is only endorsed if both councils agree. If the second council does not agree, the initiative is irrevocably rejected.² 3bis. The committee of the other council and, in the event of disagreement, the relevant committees of the councils decide in accordance with paragraph 3 or submit their proposal to their council one year at the latest after the preceding committee or Council decision on the initiative.³
If the author of an initiative or the request for the preparation of an initiative is not a member of the committee, he or she may participate in the preliminary examination in an advisory capacity at the meetings of the committee of his or her council.⁴
If the author of an initiative leaves the council and if no other assembly member takes up the initiative during the first week of the following session, the initiative shall be abandoned without a council decision unless the committee has already endorsed the initiative.⁵

Amended by No I of the FA of 21 June 2013 (Improvements in the Organisation and Procedures of Parliament), in force since 25 Nov. 2013 (AS 2013 3687;BBl 2011 6793,6829). See also the transitional provision for this amendment at the end of this text. ↩
Fourth sentence inserted by No I of the FA of 3 Oct. 2008, in force since 2 March 2009 (AS 2009 725;BBl 2008 1869,3177). ↩
Inserted by No I of the FA of 21 June 2013 (Improvements in the Organisation and Procedures of Parliament), in force since 25 Nov. 2013 (AS 2013 3687;BBl 2011 6793,6829). See also the transitional provision for this amendment at the end of this text. ↩
Amended by No I of the FA of 21 June 2013 (Improvements in the Organisation and Procedures of Parliament), in force since 25 Nov. 2013 (AS 2013 3687;BBl 2011 6793,6829). ↩
Inserted by No I of the FA of 3 Oct. 2008, in force since 2 March 2009 (AS 2009 725;BBl 2008 1869,3177). ↩

Art. 109

Footnotes

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