Die demokratische Mitwirkung an der Entstehung und Umsetzung rechtsetzender Beschlüsse internationalen Rechts

This article discusses the role of the Swiss parliament and people in the adoption and implementation of secondary law. In Switzerland, secondary law is often incorrectly perceived as technical law and thus unworthy of democratic participation. However, its content and function do not differ from treaty law per se, and the idea that its adoption is a prerogative of the executive branch must be revisited and replaced by a more participative concept. Yet the current legal framework and doctrine on democratic participation in the adoption of international law is heavily treaty-driven and little heed is paid to secondary law. This does not accurately reflect the reality of norm creation at the international level, which has become increasingly diverse, dynamic and complex. Democratic participation during the adoption of secondary law is crucial because its statute-like nature often leaves no room for any further implementing legislation at the domestic level.