26.09.2024
Motion Würth (24.4045): The constitution needs a digitization article
Submitted text
The Federal Council is instructed to submit a dispatch and draft bill to Parliament for a Digitization article in the Federal Constitution to submit. It is developing this draft with the involvement of the cantons. The basic principles of the “Digital Administration Switzerland (DSA)”, which is supported by the Confederation and the cantons, should be observed. In this sense, a regulatory approach could be as follows:
Art. XX Digital government services
1 Within the scope of their responsibilities, the Confederation and the cantons shall ensure adequate Supply with high-quality digital government services.2 The Confederation and the cantons shall coordinate the performance of their tasks. To this end, the law creates a joint bodywhich is made up of equal numbers of federal and cantonal representatives.
3 The Confederation may implement technical, organizational and procedural Binding standards for digital government services declare. Standards that relate to cantonal responsibilities require the approval of the joint body in order to be binding. The cantons are responsible for coordinating the opinions of the cantonal representatives in the joint body.
4 The Confederation may provide digital government services, including the necessary information and communication technology resources. The law shall regulate implementation and financing.
Justification
The digital transformation in the public sector is also progressing in Switzerland. However, it is obvious that the constitutional problems in the various areas of responsibility are piling up due to the lack of a digitization article. Clarification is needed. This should also take place as part of the postulate 23.3050 that has been transferred. However, current proposals in Parliament now show that greater urgency is required.
The digital transformation is challenging the federal government, cantons and municipalities in equal measure. The associated challenges cannot be mastered by any level of government alone. The main obstacles to the digital transformation of the administration in Switzerland are the lack of basic services and infrastructures as well as the lack of technical, organizational and legal standards that would enable interoperability and multiple use of existing solutions.
The existing system of competencies no longer meets these requirements. A new approach is neededso that binding specifications on standards, service provision or the use of technical services can be issued.
The important role of the cantons and municipalities in the administrative organization and procedure must be taken into account. There is a need for appropriate participation that effectively takes account of Switzerland’s federal state structure. It therefore seems appropriate to consistently pursue the path taken with the establishment of “Digital Administration Switzerland”.