#1. Legislative history
N. 1 The federal competence for vocational and professional education and training has its roots in Art. 34ter para. 1 lit. g of the Federal Constitution of 1874, which conferred on the Confederation the power to legislate on professional training in industry, trade, commerce, agriculture and domestic service. The total revision of the Federal Constitution of 1999 adopted this competence in Art. 63 FC and simultaneously extended it to all professional fields.
N. 2 The Message on a new Federal Constitution of 20 November 1996 (BBl 1997 I 1, 260) emphasized the necessity of a comprehensive federal competence to guarantee uniform standards and mobility in vocational and professional education and training. The constitutional revision was intended to eliminate the previous restriction to certain economic sectors (BBl 2000 5686, 5691 f.).
N. 3 The wording of para. 2, according to which the Confederation promotes a «diverse and accessible range» of programmes, was deliberately chosen to constitutionally anchor the vertical permeability between different educational levels and the horizontal permeability between different educational pathways.
#2. Systematic classification
N. 4 Art. 63 FC is systematically classified in Chapter 3 «Education, Research and Culture» and forms, together with Art. 61a (Swiss Education Area), Art. 63a (Universities), Art. 64 (Research) and Art. 64a (Continuing education), the constitutional foundation of the Swiss education system. Vocational and professional education and training represents an independent, equivalent educational pathway alongside academic education (SG Komm. BV-Ehrenzeller, Art. 63 N. 3).
N. 5 In relation to Art. 62 FC (School education), there is a clear demarcation of competences: while the cantons remain responsible for general education schools, vocational and professional education and training falls within the exclusive competence of the Confederation. This distribution of competences reflects the nation-wide importance of uniform vocational training standards.
N. 6 The connection to Art. 27 FC (Economic freedom) is disputed in the doctrine. While Biaggini (Komm. BV, Art. 63 N. 2) regards the freedom of occupational choice as guaranteed by Art. 27 FC, Thürer/Kiener (Verfassungsrecht, Rz. 10) take a different view and see independent fundamental rights content in the vocational education guarantee.
#3. Elements of the offence / Content of the norm
N. 7 Vocational and professional education and training encompasses, according to Federal Supreme Court case law (BGE 130 III 182) and the prevailing doctrine, all systematic learning processes that lead to the acquisition of qualifications required for the practice of a professional activity. This includes initial vocational education and training, higher vocational education and training and career-oriented continuing education.
N. 8 The competence under para. 1 is a comprehensive federal competence with subsequent derogatory effect. The Confederation may regulate vocational and professional education and training conclusively; cantonal law is only permissible insofar as federal law leaves room. The Federal Supreme Court has confirmed this comprehensive nature in consistent case law (judgment 2A.249/2002 of 7 November 2002).
N. 9 The diverse range under para. 2 refers to the variety of training opportunities in different professional fields and at different qualification levels. The Confederation is constitutionally obligated to integrate not only traditional professional fields, but also new economic sectors and service areas into the vocational education system.
N. 10 Accessibility requires, according to doctrine and case law (BVGE 2017 IV/2), both vertical mobility (advancement between educational levels) and horizontal mobility (transfer between different professional fields). This includes the recognition of prior learning and the creation of bridges.
#4. Legal consequences
N. 11 The legislative competence under para. 1 gives the Confederation the power to enact the Vocational and Professional Education and Training Act (VPETA) and corresponding ordinances. This competence encompasses the regulation of all aspects of vocational and professional education and training, including financing, quality assurance and supervision (judgment 2C_58/2009 of 4 February 2010).
N. 12 The duty to promote under para. 2 does not establish a direct claim to specific educational programmes, but obliges the Confederation to take active measures to ensure a diverse and accessible vocational education system. This includes financial contributions, but also regulatory measures for quality assurance.
N. 13 Private organisations of the working world may be entrusted with sovereign tasks, insofar as this is provided for by law. The Federal Administrative Court has confirmed that such delegations are constitutional (judgment B-4164/2021 of 4 May 2022).
#5. Points of dispute
N. 14 Fundamental rights content: The doctrine is divided on the fundamental rights dimension of vocational and professional education and training. Biaggini (Komm. BV, Art. 63 N. 2) sees the freedom of occupational choice as guaranteed exclusively by Art. 27 FC, while Thürer/Kiener (Verfassungsrecht, Rz. 10) seek to derive independent subjective rights from Art. 63 FC. The case law has not yet definitively clarified this question.
N. 15 Symbolic content of the norm: Biaggini (Komm. BV, Art. 63 N. 67) describes the constitutional anchoring of accessibility as a «significant, but hardly more than symbolic sign». This minimalist interpretation is criticized by other authors who see in Art. 63 para. 2 FC a justiciable constitutional mandate with concrete obligations to act (SG Komm. BV-Ehrenzeller, Art. 63 N. 16).
N. 16 Relationship to cantonal competences: While the federal competence is fundamentally comprehensive, there is disagreement about the remaining cantonal scope of action. The prevailing doctrine recognizes cantonal competences only in the area of implementation and in the organization of vocational schools, but not in the substantive design of educational programmes.
#6. Practical guidance
N. 17 When designing vocational education programmes, the tripartite system must be observed: Confederation, cantons and organisations of the working world cooperate in partnership. New educational programmes require coordination between all three partners, with the organisations of the working world playing a key role in defining educational content.
N. 18 For the recognition of foreign professional qualifications, it must be examined whether bilateral agreements (particularly the Agreement on the Free Movement of Persons with the EU) apply. The accessibility obligation under Art. 63 para. 2 FC fundamentally requires a benevolent examination, insofar as the equivalence of training is given.
N. 19 In the case of reasonable accommodations in vocational and professional education and training (e.g. for disabilities), the Disability Equality Act (DDA) must be observed. The Federal Administrative Court has clarified that private examination organisations as delegated public task holders are subject to the DDA (judgment B-4164/2021).
N. 20 The financing of vocational and professional education and training occurs through various channels: direct federal contributions, cantonal contributions and vocational training funds of the sectors. In the case of vocational training funds declared generally binding, a public law contribution obligation arises that is legally enforceable (BGE 2C_58/2009).