Role and responsibilities of cantons in the Swiss Federal State by Rolf Vorburger Head of the department of international and federal affairs of St.Gallen canton CDLR-Workshop on Local and Regional Democracy St.Gallen, May 2009

General outline 1.constitutional regulations 2.content of cantonal autonomy 3.vertical power sharing 4.horizontal power sharing 5.conclusions

1. constitutional regulations

26 cantons; multicultural and multilingual state cantons form the basis of the Swiss confederation (e.g. "the people and the cantons form the Swiss confederation" – Art. 1 FC) cantons are sovereign insofar as their sovereignity is not limited by the federal constitution (Art. 3 FC)

1. constitutional regulations limited state quality – cantons have authority over their own people and territory cantons see themselves often as "states" principle of subsidiarity (Art. 5 FC)

2. content of cantonal autonomy constitutional autonomy - cantons decide over their own cantonal institutions (legislative, executive, judiciary bodies) -regulation of the people's participatory rights on cantonal level -adoption and revision of cantonal constitutions need approval of federal level

2. content of cantonal autonomy legislative autonomy –power to regulate cantonal competencies –powers become more and more centralised - danger of degenerating into executive federalism –powers become intertwined between cantons and confederation fiscal autonomy

3. vertical power sharing cantons enjoy strong autonomy which enables them to maintain their own political and cultural identities cantons can delegate power to the municipalities every transfer of powers from the cantons to the federal level requires a constitutional amendment and thus a formal popular vote

3. vertical power sharing distribution of powers in the Swiss confederation Federal powers Based on the federal constitution Cantonal powers Residual power Municipal powers Depend on cantonal legislation Organisation of federal administration Foreign affairs Defence National roads (highways) Nuclear energy Postal services and telecommunication Monetary policy Social security Civil, criminal and procedural law Customs Energy policy Spatial planning Environmental protection Citizenship Federal taxes Organisation of cantonal authorities Cross-border cooperation Police Culture Public health Public infrastructure Public transportation Education and formation Relations between religion and state Forests, water, natural resources Protection of nature and heritage Citizenship Cantonal taxes Education (kindergarten and primary schools) Waste management Municipal roads Local infrastructure Local public transportation Local police Zoning Citizenship Municipal taxes

4. horizontal power sharing aim to institutionalize compromise-driven decision-making cantonal participatory rights at federal level –consultation procedure for federal laws and regulations –discretion in implementing federal legislation –qualified majority – approval of the majority of the electorate and of the cantons for changes of the federal constitution

4. horizontal power sharing –Council of States: 46 members; each canton 2 members, the six half cantons 1 member, irrespective of its size –optional legislative referendum: 8 cantons can call for a referendum against a federal law increasing intercantonal cooperation: cooperation could prevent centralisation; today more than 700 intercantonal treaties in different policy fields (e.g. finances, education, police, health, infrastructure)

5. conclusions Switzerland aimed to create a balance between vertical and horizontal power sharing. The experience shows that the combination can support both internal self- determination and shared decision- making. Both have been needed to support a multicultural system that promotes diversity and unity.

5. conclusions Cooperation between the cantons and between different levels of government are crucial aspect of the swiss system. The requirement for a referendum to change the distribution of powers, as well as the restraints on the powers of the Federal Parliament to interfere in the cantonal sphere, have helped to protect the powers of the cantons.

Thank you for your attention! Rolf Vorburger St.Gallen, 11 May 2009