1Each Council forms committees from its members.
2The law may provide for joint committees.
3The law may delegate specific powers, which may not be legislative in their nature, to committees.
4In order to fulfil their duties, the committees have the right to information and to inspect documents and the power to conduct investigations. The extent of such rights and powers is governed by the law.
Art. 153 BV
#Overview
Article 153 governs the parliamentary committees of the Federal Assembly. Each chamber must form committees from among its own members. The Parliamentary Act may also provide for joint committees of both chambers (Art. 49 ParlA for the Pardon Committee).
The committees receive important rights to fulfil their duties: They may request information, inspect documents and conduct investigations (Art. 150-151 ParlA). These information rights are enshrined in the Constitution and enable effective parliamentary control of the government.
Committees may be assigned specific tasks, but only those without lawmaking. They may not enact laws or ordinances, but may make individual case decisions or perform administrative acts.
Example from practice: The Control Committees (GPK) supervise the Federal Administration. They may request reports from any department and have access to all files. When investigating problems in a federal office, they may summon witnesses and receive their statements under oath of truth (Art. 166 ParlA).
Committee work is principally confidential (Art. 47 ParlA), but the results are reported publicly. Thus the Constitution ensures both an open consultation culture and democratic transparency in parliamentary control functions.
Art. 153 Cst
#Doctrine
#1. Legislative history
N. 1 Art. 153 Cst belongs to the ninth section of the Federal Constitution on the organisation of the federal authorities. The provision goes back to Art. 84 of the old Federal Constitution of 1874, which merely provided for the appointment of committees. The Federal Council Message on the new Federal Constitution of 20 November 1996 describes the new regulation as a «complete revision» of the previous constitutional foundations (BBl 1997 I 1, 409). With Art. 153 Cst, the constitutional legislator wanted to create a comprehensive and modern basis for the parliamentary committee system.
N. 2 The most important innovation compared to the old constitution is para. 4, which constitutionally enshrines the information rights of committees. The Message emphasises that «committees must have rights to information, rights of access and investigative powers in order to fulfil their tasks» (BBl 1997 I 410). These rights were previously regulated only at the legislative level and received higher normative grounding through the constitutional revision.
#2. Systematic classification
N. 3 Art. 153 Cst stands in systematic connection with the other provisions on the Federal Assembly (Art. 148–173 Cst). The norm is closely linked with:
- → Art. 148 para. 2 Cst (two-chamber system)
- → Art. 169 Cst (parliamentary oversight)
- → Art. 156 Cst (separate deliberations of the chambers)
- → Art. 157 para. 1 let. a Cst (joint deliberations)
N. 4 The implementing provisions are found in the Parliament Act of 13 December 2002 (ParlA, SR 171.10), in particular in Art. 42–53 ParlA on committees. The relationship between constitutional and legislative levels follows the principle of framework legislation: the constitution establishes the principles, while the Parliament Act regulates the details (Rhinow/Schefer/Uebersax, Schweizerisches Verfassungsrecht, 3rd ed. 2016, N 3125).
#3. Elements of the legal provision / Normative content
N. 5 Committee appointment (para. 1): Both chambers are obliged («appoints») to form committees. The composition is from their own chamber members («from among their members»). According to Ehrenzeller/Schindler/Schweizer/Vallender (SGK BV, 4th ed. 2023, Art. 153 N 4), this is an organisational duty, not merely an authority.
N. 6 Joint committees (para. 2): The law «may» provide for joint committees of both chambers. This discretionary provision allows for exceptions to the principle of separate chamber deliberations. Joint committees currently exist for pardons (Art. 49 ParlA), drafting (Art. 56–59 ParlA) and as a judicial committee (Art. 40a ParlA).
N. 7 Transfer of powers (para. 3): The transfer of powers to committees is limited to those «that are not legislative in nature». According to Waldmann/Belser/Epiney (BSK BV, 2nd ed. 2024, Art. 153 N 15), this includes administrative acts, preparatory actions and supervisory functions, but not legislation itself, which remains reserved to the plenary.
N. 8 Information rights (para. 4): The constitutional information rights are divided into three categories:
- Rights to information: Obligation of the administration to provide information (Art. 150 ParlA)
- Rights of access: Access to files and documents (Art. 151 ParlA)
- Investigative powers: Special competences of parliamentary investigation committees (Art. 153–169 ParlA)
#4. Legal consequences
N. 9 Art. 153 Cst gives rise to the following legal consequences:
N. 10 Organisational autonomy: The chambers autonomously determine the number, size and competences of their committees within the legal limits (Art. 42 para. 2 ParlA). Committee formation is a parliamentary internal matter without direct judicial control (BGE 151 I 41).
N. 11 Information obligations: The Federal Council and administration are subject to extended information obligations towards parliamentary committees. According to Art. 150 para. 1 ParlA, they must «provide all information required for parliamentary activity». Refusals are only permissible when overriding public or private interests exist (Art. 150 para. 2 ParlA).
N. 12 Limits on transfer of powers: Committees cannot issue general-abstract norms. However, administrative ordinances, individual case decisions and factual acts are permissible (Häfelin/Haller/Keller/Thurnherr, Schweizerisches Bundesstaatsrecht, 10th ed. 2020, N 1850).
#5. Controversial issues
N. 13 Scope of investigative powers: It is disputed how far investigative powers extend towards private parties. Tschannen/Zimmerli/Müller (Allgemeines Verwaltungsrecht, 4th ed. 2014, § 12 N 45) advocate a restrictive interpretation, while Sägesser (Kommissionssystem des Bundesparlaments, 2000, p. 234) argues for extended powers in cases of public interest.
N. 14 Relationship to courts: The information obligation of courts towards parliamentary committees is controversial. The Federal Criminal Court emphasised in AU.2007.1 that investigative powers must respect judicial independence. Müller/Schefer (Grundrechte in der Schweiz, 4th ed. 2008, p. 89) demand strict separation, while Graf (Parlamentarische Oberaufsicht, 2010, p. 167) argues for limited information obligations in administrative matters of the courts.
N. 15 Public access vs. confidentiality: The tension between the principle of public access and committee confidentiality remains unresolved. According to Art. 47 ParlA, committee deliberations are generally confidential. Ehrenzeller/Schindler/Schweizer/Vallender (SGK BV, Art. 153 N 18) see this as a necessary element of deliberative culture, while critics like Rhinow/Schefer/Uebersax (N 3145) call for more transparency.
#6. Practice notes
N. 16 Committee appointment: The bureaus of the chambers appoint the standing committees at the beginning of the legislature (Art. 42 para. 1 ParlA). Special committees can be created at any time by chamber resolution. Faction strength must be considered in the composition (Art. 43 para. 3 ParlA).
N. 17 Procedure for information refusal: If the administration refuses information, the delegation of the oversight committees decides (Art. 154 ParlA). No legal remedy is available against this decision, which effectively places the enforcement of information rights in the hands of parliament.
N. 18 Evidence gathering in investigation committees: Parliamentary investigation committees have quasi-judicial powers (Art. 166 ParlA). Witnesses can be summoned and are subject to the duty of truthfulness. Refusal to testify is only permissible in cases of legal rights to refuse testimony. Practice shows that these instruments are used with restraint (Report of the PIC FDF of 22 November 2002, BBl 2003 3807).
N. 19 Coordination with other procedures: Coordination is essential in parallel criminal or administrative procedures. The OC practice has developed principles: no obstruction of ongoing procedures, but also no standstill of parliamentary oversight (Annual Report 2020 of the OC, BBl 2021 1294). Committees should refrain from investigative actions that would directly interfere with pending court proceedings.
Art. 153 Federal Constitution
#Case Law
#I. General Principles on Parliamentary Committees
Case law on Art. 153 Federal Constitution is sparse, as the provision primarily regulates organisational aspects of parliamentary operations and is rarely the subject of appeals. The available decisions mainly concern cantonal parliamentary committees and specific procedural issues.
#II. Committee Formation and Composition
BGE 151 I 41 of 22 May 2024
Committee elections at cantonal level and their judicial reviewability
The Federal Supreme Court determined that the election of parliamentary committees does not fall under direct popular elections and is therefore not appealable under Art. 82 lit. c FSCA.
«According to the mentioned provision, the Federal Supreme Court reviews appeals concerning the political voting rights of citizens and concerning popular elections and votes. Indirect elections by parliament are not covered.»
BGE 117 IA 408 of 1 January 1991
Exclusion of committee members due to conflicts of interest
Conflicts of interest can lead to the exclusion of members from parliamentary committees. The Federal Supreme Court applied the principles of impartiality (Art. 4 old Federal Constitution, today Art. 9 Federal Constitution) to parliamentary committees.
«Case law derives from Art. 4 Federal Constitution a guarantee corresponding to Art. 58 para. 1 Federal Constitution for cases where a decision is made – instead of by a court – by an administrative authority or by parliament.»
#III. Committees of Inquiry and Special Powers
Decision AN.2014.00001 of the Administrative Court of Zurich of 7 May 2014
Legal basis for committees of inquiry at municipal level
The establishment of committees of inquiry requires a legal basis, as special competencies are created.
«The establishment of a committee of inquiry requires a legal basis in the municipal regulations, as a committee with special competencies is created.»
BGE 133 IV 40 of 27 November 2006
International legal assistance for parliamentary committees of inquiry
The Federal Supreme Court recognised that parliamentary committees of inquiry can also be addressees of international legal assistance, provided their investigations aim at criminal prosecution.
«Legal assistance can be granted both to support ordinary criminal proceedings and for the investigation of a parliamentary committee that aims at the criminal prosecution of former ministers.»
#IV. Information and Inspection Rights
Decision 60/2016/10 and 60/2016/12 of the Higher Court of Schaffhausen of 20 September 2016
Access to meeting minutes of cantonal council committees
Access to committee minutes is subject to special provisions and is not granted without restrictions.
Decision VB.2021.00416 of the Administrative Court of Zurich of 20 September 2021
Information access to parliamentary oversight activities
The transparency of parliamentary committees reaches limits, particularly regarding oversight functions.
#V. Procedural Guarantees
Decision VB.2015.00649 of the Administrative Court of Zurich of 2 December 2015
Recusal proceedings in parliamentary committees of inquiry
Procedural guarantees must also be observed in parliamentary committees of inquiry, including the right to request recusal.
«The requirement of formal standing need not be fulfilled if someone could not participate in the first instance proceedings wrongfully and without their own fault.»
#VI. Lines of Development and Open Questions
Case law on Art. 153 Federal Constitution develops mainly at cantonal and municipal level. Central points of dispute concern:
- Transparency vs. confidentiality: The tension between the principle of publicity and the necessity of confidential deliberations
- Delimitation of powers: The scope of the information, inspection and investigation powers mentioned in Art. 153 para. 4 Federal Constitution
- Procedural guarantees: The application of rule-of-law principles to parliamentary committee proceedings
- Legal remedies: The limited judicial reviewability of parliamentary committee decisions
Case law confirms that parliamentary committees have extensive powers, but these are not unlimited and must be subject to rule-of-law principles.