Federal Office of Private Insurance FOPI
Federal Office of Private Insurance FOPI
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FOPI News no. 9
FOPI News no. 9 of 5 January 2007 – Revision of the Insurance Contract Law
Now that the preliminary draft of the expert commission on the revision of the Insurance Contract Law (ICL) is available, FOPI will draft a bill for consultations by the end of 2007. The FDF will then decide on the next steps and, if advisable, recommend that the Federal Council initiate a consultation procedure. This consultation procedure will give interested persons the possibility to submit comments.
The ICL expert commission submitted a preliminary draft and explanatory report to the Federal Department of Finance FDF in August 2006. This concluded the work of the expert commission. The legislative procedure is now entering a new phase. The FDF has mandated FOPI to draft a bill for consultations by the end of 2007, based on the expert draft. The FDF will then decide on the next steps and, if advisable, recommend that the Federal Council initiate a consultation procedure.
According to the Message on the Consultation Act (BBl 2004 546), the goal of the consultation procedure is to inform the public about planned legislative projects of the Confederation and to include interested circles outside the Federal Administration in the opinion-forming and decision-making process of the Confederation. The consultation procedure therefore has both an informative and a cooperative character. The statements submitted by the cantons, the political parties, and interested circles give the Confederation important indications of the material correctness and enforceability of planned legislative projects, and they allow the Confederation to gauge political acceptance with respect to the realization and implementation of the measures in question. Expertise beyond the Federal Administration can be incorporated and put to use.
The consultation procedure has great practical significance, especially during the preparation of enactments. It is the only public phase in the preliminary legislative procedure and therefore constitutes an important stage in the lawmaking process. Conversely, this means that the other phases of the legislative process are internal to the Administration. Specifically, this applies to the drafting phase lasting until the end of 2007, prior to circulation of the bill for consultations.
We therefore request persons interested in the consultations to wait until the official consultation procedure before submitting their comments on the consultation draft, which may very well deviate from the current preliminary draft by the expert commission. At the appropriate time, the Federal Chancellery will publicly announce the time of the consultation procedure and will publish the consultation materials in electronic form.
Inquiries: FOPI Communication, tel. 031 325 01 65
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