Switzerland initiates consultation on the third ECAG Protocol

Context

In brief

• Federal Council launches consultation on 2 October 2026
• The procedure ends on January 19, 2027
• Switzerland signs the Protocol on 19 September 2025

Key Facts

• Subject: → Third Additional Protocol to the CEAG
• Consultation → launched on 2 October 2026
• Deadline → 19 January 2027
• Swiss signature → Malta, 19 September 2025
• Ratification → Parliament

The passage decided by the Federal Council

During its meeting on 2 October 2026, the Federal Council initiated the consultation procedure on the Third Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters. The procedure will be completed on 19 January 2027. Switzerland has already signed the protocol: it was signed in Malta on 19 September 2025 at the informal conference of ministers of justice.

The European Convention on Mutual Assistance in Criminal Matters, or CEAG, is an agreement of the Council of Europe. Switzerland is a contracting party to it. Its structure links criminal cooperation to respect for individual rights: fair trial, proportionality of state interference and protection against arbitrariness.

What does the CEAG govern?

The CEAG obliges the Contracting States to assist each other in cross-border criminal prosecution. Examples include the taking of evidence through the hearing of witnesses, experts or accused persons. The Convention also lays down the procedure and conditions for the submission and execution of letters rogatory.

The new protocol stems from the Council of Europe's objective of making the fight against cross-border crime more efficient, while maintaining compatibility with the rights of the accused. The Committee of Ministers of the Council of Europe adopted it before Switzerland's signature. In the communiqué, the Third Protocol is presented as a step in the modernisation and harmonisation of cross-border criminal prosecution in Europe.

Among the innovations mentioned is the possibility of transmitting letters rogatory electronically, taking into account technological developments in modern media. Switzerland contributed to the drafting of the text, in particular on the provisions relating to the cross-border use of technical recording devices, such as GPS trackers, and the surveillance of telecommunications traffic. Parliament will have the final say on ratification.

The timetable distinguishes between three institutional steps: the signature of the text by Switzerland, the start of the consultation by the Federal Council and the subsequent decision by Parliament on ratification. The consultation is therefore the step indicated by the Federal Council before the parliamentary decision.

Operational details

What changes on the operational level

In order to understand the scope of the dossier, it is necessary to separate what the CEAG already provides for from the additions to the Third Protocol. The Convention requires the Contracting States to assist each other in cross-border criminal prosecution and regulates the submission and execution of letters rogatory. The Protocol, on the other hand, focuses on the electronic transmission of requests and the adaptation of cooperation to modern means of communication.

Three areas to observe

The first concerns evidence. The basic text provides for the hearing of witnesses, experts and defendants; the reader can therefore distinguish the content of the request from the way in which it is transmitted. The second concerns technology: the communiqué indicates new electronic possibilities for letters rogatory. The third includes provisions on the cross-border use of technical recording devices, including GPS trackers, and on the surveillance of telecommunications traffic.

For those who live or work in Switzerland, the concrete interest is procedural. In a criminal case involving several countries, the points to be followed are the collection of evidence, the rogatory and the guarantees relating to the accused. In fact, the source links the efficiency of the fight against cross-border crime to fair trial, proportionality of state interference and protection from arbitrariness. The dossier therefore concerns judicial cooperation.

The Swiss signature and consultation do not coincide with ratification. The path indicated goes through the procedure initiated by the Federal Council and arrives at the decision of Parliament. The press release does not describe any effects on other areas of national life. Those who are looking for tax information must keep this dossier separate from the dichiarazione delle imposte.

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Key points

How to follow the Swiss route

To read the dossier without confusing the different moments, it is worth constructing a documentary sequence. The first reference is Switzerland's signature, which took place on 19 September 2025 in Malta. The second is the Federal Council meeting on 2 October 2026, which opened the consultation. The third is the deadline of 19 January 2027. Only after this step, according to the communiqué, will Parliament decide on ratification.

Documents to be compared

The page of the press release lists the explanatory report for the start of the consultation procedure, the draft federal decree approving the Third Protocol, the text of the Third Protocol and the English version. The most useful reading sequence is to start with the report, move on to the draft and then check the technical provisions in the Protocol.

In the reading, four operational questions can be isolated. Which passages of the CEAG concern the taking of evidence? Where does the Protocol provide for new possibilities for the electronic transmission of letters rogatory? Which provisions concern technical recording devices and the surveillance of telecommunications traffic? How is the reference to the rights of the accused, fair trial, proportionality and protection against arbitrariness maintained? These are all axes already present in the communiqué and help to distinguish the rules of cooperation from technological tools.

The last check concerns the status of the process: signature, consultation and ratification are different steps. Parliament still has to decide on ratification, while the consultation has a precise closing date. For separate economic insights, consult costo della vita in Svizzera and, to check personal income, use calcolatore stipendio.

Source: admin.ch