Die innerstaatliche Legitimation von bindenden Beschlüssen und einseitigen Erklärungen:
Recht und Praxis

Robert Baumann

Some treaties provide for bodies that can modify the founding treaties and the legislation of the states parties. In the examples shown in this article, the federal authorities have in such cases applied the constitutional
provisions on the approval of international treaties by analogy in order to obtain the approval of the Federal Assembly. However, a close analysis of the relevant provisions leads to the conclusion that the Federal Assembly is not competent for such approval. Rather, it has participation rights and must be involved in the phase preceding the ratification of the founding treaties. Moreover, since such treaties establish international organizations or bodies that can adopt binding resolutions, they may have a supranational character. Therefore, they must be approved by the People and the Cantons before a ratification. The practice of the federal authorities should be adapted accordingly.