Parliamentary commission of inquiry

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In the Swiss political system, the Parliamentary Commission of Inquiry ( PUK ) is a temporary commission formed by parliamentarians that can exercise political oversight over the administration . It is set up in exceptional cases to investigate controversial events and is resolved after the final report. The parliamentary commission of inquiry exists at the federal, cantonal and partly also at the communal level. The result of their investigation is presented in a report. The establishment of a PUK is regulated by law at all levels.

Federal level

Legal basis and convocation

At the federal level, the parliamentary commission of inquiry is defined in the ninth title of the parliamentary law. According to this, the Parliamentary Commission of Inquiry is a supervisory body that can investigate “incidents of great importance”. The use of a commission of inquiry can be demanded by parliamentary groups, parties, commissions or individual council members ( national councilors or councilors of states ) through a parliamentary initiative. After hearing the Federal Council , the investigative commission is created by a federal decree - it regulates in particular “the mandate and the financial resources of the investigative commission” - to which both chambers must agree. The commission is then equipped with "the same number of members of each council" as well as a presidium and its own secretariat, with the "necessary staff being made available by the parliamentary services".

Procedures and competencies

The PUK must give the authorities concerned, members of the authorities, government employees and private individuals a fair hearing in all matters relating to the allegations to be examined and the knowledge gained . Evidence that is not disclosed to the person concerned may not be used against them.

The competencies and options for action of a PUK with regard to inspection, questioning and clarification of facts go well beyond the scope of a permanent supervisory commission, for example the business audit commission (GPK). The PUK exercises political, but not judicial, control ( separation of powers ) and can therefore neither directly check the legality of administrative action, nor discipline, punish, hold accountable or dismiss individual persons in terms of property law. It can call in experts and hear witnesses and informants. The authorities must provide the PUK with administrative and legal assistance.

PUK used so far

  • 1964: Procurement of Mirage fighter jets (“ Mirage affair ”). Analogously a PUK, but not with this name because this instrument did not yet exist in 1964.
  • 1989: Incidents in the FDJP ( Federal Department of Justice and Police ). A PUK in connection with the administration of office in the FDJP and the resignation of Federal Councilor Elisabeth Kopp . This PUK triggered the “ Fichenskandal ” (see also PUK and Fichenskandal ).
  • 1990: Clarification of major incidents in the Federal Military Department (intelligence and defense, personal data, secret services - see also P-26 and P-27 )
  • 1996: Clarification of organizational and management problems at the Federal Insurance Fund

Rejected PUK applications (from 1995)

submission date Business number purpose Submitted by
June 23, 1995 95,412 Clarification of organizational and management problems at the EVK Peter Hess ( CVP )
March 20, 1996 96,411 Examination of the administration of the EMD Pierre Chiffelle ( SP )
June 18, 1998 98,420 To monitor and control nuclear energy Green Group
August 31, 1999 99,443 To investigate criminal acts by the Army Intelligence Service Christiane Jaquet-Berger ( PdA )
October 6, 1999 99,453 To the investigation of the " Bellasi case " Cécile Bühlmann ( Greens )
June 21, 2001 01.427 To investigate the errors made by the federal administration in relation to the BSE crisis Fernand Cuche ( Greens )
October 4, 2001 01.448 To investigate the relationship between the Swiss intelligence services and
the South African secret service during the apartheid period 		Jean-Nils de Dardel ( SP )
October 16, 2001 01.458 Swissair crisis CVP Group
October 27, 2001 01.459 Violation of the duty of supervision in DETEC in connection with the Swissair debacle SVP parliamentary group
September 26, 2002 02.451 Financing of the Expo.01 / 02 Green Group
October 3, 2002 02.455 Clarification of the need for federal funds to finance Expo.01 / 02 SVP parliamentary group
November 28, 2002 02.464 Relations between the Swiss intelligence services and the South African secret service Paul Günter ( SP )
March 20, 2003 03.405 Swissair debacle SVP parliamentary group
March 18, 2004 04.416 Transparency and exercise of managerial responsibility in DETEC SVP parliamentary group
November 12, 2004 04.2028
(petition) 		Creation of an ombudsman and establishment of a PUK DETEC. Civil aviation area Aircraft noise victims' community
October 7, 2005 05.446 Investigation of the causes of the financial problems of the federal and semi-federal pension funds SVP parliamentary group
March 14, 2006 06.403 Switzerland's complicity with the apartheid regime in South Africa SP group
March 23, 2007 07.421 To clarify the political responsibility in the Swissair debacle SVP parliamentary group
October 5, 2007 07.482 To clarify the allegations made by the GPK against the Minister of Justice SVP parliamentary group
March 19, 2008 08.405 To clarify political responsibility at SBB Cargo SVP parliamentary group
July 11, 2008 08.433 Regarding document shredding Green Group
December 11, 2009 09.512 On the financial crisis and its consequences SP group
February 5, 2010 10,401 On the financial crisis / UBS Office no

See also

In Germany and Austria the parliamentary commission of inquiry corresponds to the commission of inquiry .

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