Lobbyists retain permanent access to the Federal Palace and its media center

In 2009, the editorial director of the Agricultural Information Service (LID) asked the Federal Chancellery for a twelve-month access pass for the Federal Palace media center and the parliament building, which he had always received. The Federal Chancellery did not comply with his request and referred to its new Accreditation Ordinance, which has been in force since January 2008. According to this, access passes would no longer be issued to people involved in association, PR or advertising activities. They would of course still be able to obtain a day badge if required.

The Federal Administrative Court has now upheld the appeal of the person concerned. The decision can still be appealed to the Federal Supreme Court. According to the judges in Bern, the existence of association, PR or advertising work may not constitute a fundamental obstacle to the granting of permanent access authorization.

Among other things, the court referred to the importance of the media center and the parliament building. This would mean that media representatives from associations or interest groups should not be excluded from access in principle, especially as they could have been accredited under the old law. In addition, the distinction between association, PR and advertising activities and "pure" journalistic activities can be difficult in individual cases. According to the ruling, the Federal Chancellery's new accreditation ordinance already lacks a sufficient legal basis.

Either the new regulation should have been issued by the Federal Council itself, or the Federal Council should have authorized the Federal Chancellery to do so. In this specific case, the Federal Chancellery must now also clarify the period for which the access pass can reasonably be issued to the person concerned. (SDA)