Author: Fabian Schäfer (NZZ)
Source: NZZ - Andrea Caroni on the EU Treaties
Publication date: 09.12.2025
Reading time: approx. 4 minutes
Executive Summary
The question of whether the new EU treaties must be subject to the majority of cantons (Ständemehr) could be decisive for their future. FDP Council of States member Andrea Caroni, whose earlier initiative to clarify this question failed, tends toward the view that the EU treaties require a constitutional amendment - particularly because of potential conflicts with the immigration article. This would automatically require a majority of cantons.
Critical Guiding Questions
- Freedom: To what extent are federal structures and cantonal autonomy influenced by different interpretations of referendum rights?
- Responsibility: Who bears the consequences if Parliament interprets the constitutional requirements too narrowly?
- Transparency: Why were several opportunities missed to establish clear regulations for the cantonal majority requirement for international treaties?
- Innovation: What political innovations would be necessary to shape the tension between federalism and the principle of democracy in a contemporary way?
- Legitimacy: How can democratic legitimacy best be ensured for far-reaching international treaties?
Scenario Analysis: Future Perspectives
| Time Horizon | Expected Development |
|---|---|
| Short-term (1 year) | Intensive parliamentary debates with possible agreement on a constitutional amendment as a compromise solution |
| Medium-term (5 years) | Fundamental decision to clarify the cantonal majority question for international treaties to avoid future conflicts |
| Long-term (10-20 years) | Possible reform of the cantonal majority requirement due to increasing population imbalances between cantons |
Main Summary
Core Issue & Context
In the interview with the NZZ, FDP Council of States member Andrea Caroni explains the constitutional problem with the new EU treaties. The dispute revolves around whether these must be subject to a cantonal majority - a question that Caroni already tried to clarify ten years ago through a parliamentary initiative.
Key Facts & Figures
- Caroni's initiative for clear regulation of the cantonal majority requirement for international treaties was rejected by the National Council in 2021
- In Swiss history, international treaties have only been subjected to a cantonal majority three times: for the League of Nations (1920), the Free Trade Agreement with the EU (1972), and the EEA (1992)
- The new EU treaties would grant EU citizens a right to permanent residence after five years
Stakeholders & Affected Parties
- Federalists and conservative forces who insist on the cantonal majority
- Populous cantons whose voters could potentially be overruled by the cantonal majority
- EU citizens in Switzerland whose residence rights would be strengthened by the new treaties
Opportunities & Risks
| Opportunities | Risks |
|---|---|
| Clarification of a constitutional gray area | Failure of EU treaties due to cantonal majority requirement |
| Compromise solution with constitutional amendment could have broader support | Increasing tensions between democratic principle and federalism |
| More transparent decision-making for future international treaties | Political polarization in the interpretation of the constitution |
Relevance for Action
Parliamentarians and especially the State Political Commission must carefully examine whether the freedom of movement provisions of the new EU treaties are compatible with the immigration article in the constitution. A constitutional amendment with a cantonal majority appears to be the cleanest way to avoid legal conflicts.
Quality Assurance & Fact Checking
- [x] Central statements and figures verified
- [x] Unconfirmed data marked with ⚠️
- [x] Web research for current data conducted
- [x] Bias or political one-sidedness marked
Additional Research
- EU Treaties: The Cantonal Majority as a Power Question in Parliament
- Overview of Switzerland's EU Negotiations
- FDP's Position on European Policy Issues
References
Primary Source:
Andrea Caroni in an interview – NZZ, 09.12.2025
Verification Status: ✓ Facts checked on 09.12.2025
This text was created with the assistance of Claude.
Editorial responsibility: clarus.news | Fact checking: 09.12.2025