The electronic version is now legally binding
The Federal Council has approved a total revision of the Publication Ordinance. As a result, the electronic version of an official publication will be legally binding from January 2016.
A year ago, a comprehensive partial revision of the Publication Act (PublG) was adopted. The amended law led to a need to adapt the implementing ordinance. The necessary adjustments are now being implemented with a total revision of the Publication Ordinance.
The system of official publications is being adapted to technical and social developments as part of a change. The texts in the Federal Gazette (Bundesblatt, BBl), the Official Gazette (Amtliche, AS) and the Systematic Compilation of Federal Law (SR) are now predominantly consulted online, according to the Federal Administration. The number of printed products has decreased massively in recent years. However, many people seeking legal advice are hardly aware that only printed publications are legally binding.
Change of primacy
The far-reaching entry into force of the amendments to the Publications Act and the new Publications Ordinance entail, in particular, a change of primacy: in future, according to the Federal Administration, it will no longer be the printed version of official publications that is authoritative, but the electronic version. In the unlikely but certainly very rare event that there are differences between the printed and electronic versions of the AS, the electronic version will now take precedence. Citizens could rely on the contents in this form. On the other hand, the authoritativeness of the AS vis-à-vis the SR would not change.
The change of primacy also makes it possible to partially abandon the weekly rhythm of legally valid official publications and to switch to more flexible publication dates without much effort, according to the statement. If the publication of decrees proves to be urgent, several electronic AS issues could be published per week.
The adopted revisions also ensure citizens' access to the texts that are legally relevant to them. Thus, according to the press release, the provision of historical versions of SR texts that may still be relevant to certain matters, as well as English translations of SR texts, is enshrined as a legal mandate.
Finally, some detailed provisions will be adapted on the basis of practical experience gained in recent years. For example, it will be more clearly regulated which text categories are published in the BBl or in the AS, as it is finally stated.
