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Reproduced without permission but with thankfulness from: http://www.uni-wuerzburg.de/law/sz00t___.html
Switzerland - Constitution
Table of Contents
Preamble
Title 1 General Provisions
Article 1 Swiss Confederation
Article 2 Purpose
Article 3 Cantons
Article 4 National Languages
Article 5 Rule of Law
Article 6 Individual and Social Responsibility
Title 2 Basic, Civil, and Social Rights
Chapter 1 Basic Rights
Article 7 Human Dignity
Article 8 Equality
Article 9 Protection Against Arbitrariness and Preservation of
Good
Faith
Article 10 Right to Life and Personal Freedom
Article 11 Protection of Children and Adolescents
Article 12 Right to Aid in Distress
Article 13 Protection of Privacy
Article 14 Right to Marriage and Family
Article 15 Freedom of Religion and Conscience
Article 16 Freedom of Opinion and Information
Article 17 Freedom of the Media
Article 18 Freedom of Language
Article 19 Right to Primary Education
Article 20 Freedom of Science
Article 21 Freedom of Art
Article 22 Freedom of Assembly
Article 23 Freedom of Association
Article 24 Freedom of Domicile
Article 25 Protection against expulsion, extradition, and removal
by
force
Article 26 Right to property
Article 27 Economic Freedom
Article 28 Freedom to Unionize
Article 29 General Procedural Guarantees
Article 29a Guarantee of Legal Proceedings
Article 30 Judicial Proceedings
Article 31 Habeas Corpus
Article 32 Criminal procedure
Article 33 Right of Petition
Article 34 Political Rights
Article 35 Realization of Fundamental Rights
Article 36 Limitations of Fundamental Rights
Chapter 2 Citizenship and Political Rights
Article 37 Citizenships
Article 38 Acquisition and Loss of Citizenship
Article 39 Exercise of Political Rights
Article 40 Swiss citizens domiciled abroad
Chapter 3 Social Goals
Article 41 [General Provisions]
Title 3 Confederation, Cantons, and Municipalities
Chapter 1 Relationship between the Confederation and the Cantons
Section 1 Tasks of the Confederation and the Cantons
Article 42 Tasks of the Confederation
Article 43 Tasks of the Cantons
Section 2 Cooperation between the Confederation and the Cantons
Article 44 Principles
Article 45 Participation in Federal Decision Making
Article 46 Implementation of Federal Law
Article 47 Autonomy of the Cantons
Article 48 Intercantonal Treaties
Article 49 Supremacy of and Respect for Federal Law
Section 3 Municipalities
Article 50 [General Provisions]
Section 4 Federal Guarantees
Article 51 Cantonal Constitutions
Article 52 Constitutional Order
Article 53 Existence and Territory of the Cantons
Chapter 2 Powers
Section 1 Relations with foreign countries
Article 54 Foreign Relations
Article 55 Participation of the Cantons in Decisions of Foreign
Policy
Article 56 Relations between the Cantons and Foreign
Countries
Section 2 Security, National and Civil Defense
Article 57 Security
Article 58 Army
Article 59 Military and Alternative Service
Article 60 Organisation, Instruction, and Equipment of the
Army
Article 61 Civil defense
Section 3 Education, Research, and Culture
Article 62 Education
Article 63 Professional Education and Universities
Article 64 Research
Article 65 Statistics
Article 66 Support of Education
Article 67 Education of Young People and Adults
Article 68 Sport
Article 69 Culture
Article 70 Languages
Article 71 Film
Article 72 Church and State
Section 4 Environment and Zoning
Article 73 Sustainable Development
Article 74 Protection of the Environment
Article 75 Zoning
Article 76 Water
Article 77 Forests
Article 78 Nature and Cultural Heritage
Article 79 Fishery and Hunting
Article 80 Protection of Animals
Section 5 Public Works and Transportation
Article 81 Public Works
Article 82 Road Traffic
Article 83 National Highways
Article 84 Alpine Transit
Article 85 Charge on Heavy Goods Traffic
Article 86 Motor Fuels Consumption Tax and other Traffic
Charges
Article 87 Rail Traffic and further Means of Traffic
Article 88 Footpaths and Hiking Trails
Section 6 Energy and Communication
Article 89 Energy Policy
Article 90 Nuclear Energy
Article 91 Transportation of Energy
Article 92 Postal and Telecommunication Services
Article 93 Radio and Television
Section 7 Economy
Article 94 Principles of Economic Order
Article 95 Private Economic Activity
Article 96 Competition Policy
Article 97 Consumer Protection
Article 98 Banking and Insurance
Article 99 Monetary Policy
Article 100 Policy on Economic Development
Article 101 Foreign Trade
Article 102 Supply of Essential Goods and Services
Article 103 Structural Policy
Article 104 Agriculture
Article 105 Alcohol
Article 106 Gambling
Article 107 Weapons and Military Material
Section 8 Housing, Work, Social Security and Health
Article 108 Promotion of Construction and Ownership of
Housing
Article 109 Landlord and Tenant
Article 110 Labor
Article 111 Social Security
Article 112 Old age, Survivors' and Disability Insurance
Article 113 Employee Pension Plans
Article 114 Unemployment Insurance
Article 115 Assistance to Needy Persons
Article 116 Family Allocations and Maternity Insurance
Article 117 Health and Accident Insurance
Article 118 Protection of Health
Article 119 Medical Assistance to Procreation and Gene
Technology in the Human Field
Article 120 Gene Technology in the Non-Human Field
Section 9 Residence and Domicile of Foreigners
Article 121 [General Provisions]
Section 10 Civil and Criminal Law, Weights and Measures
Article 122 Civil Law
Article 123 Criminal Law
Article 124 Aid to Victims of Criminal Acts
Article 125 Weights and Measures
Chapter 3 Finances
Article 126 Budget
Article 127 Principles of Taxation
Article 128 Direct Taxes
Article 129 Harmonization of Taxes
Article 130 Value Added Tax
Article 131 Special Consumption Taxes
Article 132 Stamp and Withholding Taxes
Article 133 Customs Duties
Article 134 Exclusion of Cantonal and Municipal Taxation
Article 135 Financial Equalization
Title 4 People and Cantons
Chapter 1 General Provisions
Article 136 Political Rights
Article 137 Political Parties
Chapter 2 Initiative and Referendum
Article 138 Popular Initiative for Total Revision of the Federal
Constitution
Article 139 Popular Initiative for Partial Revision of the Federal
Constitution
Article 140 Mandatory Referendum
Article 141 Optional Referendum
Article 142 Required Majorities
Title 5 Federal Authorities
Chapter 1 General Provisions
Article 143 Eligibility
Article 144 Incompatibilities
Article 145 Term of Office
Article 146 Answerability of the State
Article 147 Hearings and Consultations
Chapter 2 Federal Parliament
Section 1 Organisation
Article 148 Status
Article 149 Composition and Election of the House of
Representatives
Article 150 Composition and Election of the Senate
Article 151 Session Periods
Article 152 Presidency
Article 153 Parliamentary Commissions
Article 154 Parliamentary Groups
Article 155 Parliamentary Services
Section 2 Procedure
Article 156 Separate Deliberation
Article 157 Joint Deliberation
Article 158 Meetings to be Public
Article 159 Quorum and Majority
Article 160 Right to Initiatives and Motions
Article 161 Prohibition of Instructed Mandates
Article 162 Immunity
Section 3 Powers
Article 163 Form of Laws and Decrees by the Federal
Parliament
Article 164 Legislation
Article 165 Urgent Legislation
Article 166 Foreign Relations and International Treaties
Article 167 Finances
Article 168 Elections
Article 169 High Supervision
Article 170 Evaluation of Efficacy
Article 171 Mandates to the Federal Government
Article 172 Relations between the Confederation and the
Cantons
Article 173 Further Tasks and Powers
Chapter 3 Federal Government and Federal Administration
Section 1 Organisation and Procedure
Article 174 Federal Government
Article 175 Composition and Election
Article 176 Presidency
Article 177 Principle of Collective Authority and Division into
Departments
Article 178 Federal Administration
Article 179 Federal Chancery
Section 2 Powers
Article 180 Government Policy
Article 181 Initiative
Article 182 Legislation and Implementation
Article 183 Finances
Article 184 Foreign Relations
Article 185 External and Inner Security
Article 186 Relations between the Confederation and the
Cantons
Article 187 Further Tasks and Powers
Chapter 4 Federal Supreme Court and other Judicial Authorities
Article 188 Position of Federal Supreme Court
Article 189 Jurisdiction of Federal Supreme Court
Article 190 Jurisdiction in Civil, Criminal and Public Law
Article 191 Relevant Law
Title 6 Revision of the Federal Constitution and Temporal Provisions
Chapter 1 Revision
Article 192 Principle
Article 193 Total Revision
Article 194 Partial Revision
Article 195 Entry into Force
Chapter 2 Transitory Provisions
Article 196 [Transitory Provisions]
Switzerland - Constitution
{ Adopted by the Federal Parliament on: 18 Dec 1998 }
{ Adopted by Public Referendum on: 14 April 1999 }
{ Enforcement decree of the Federal Parliament on: 28 Sep 1999
}
{ In force since: 1 Jan 2000 }
{ ICL Document Status: 1 Jan 2000 }
{ Editor's Note
Dr. Susan Emmenegger, LL.M. is in the process of editing the
Swiss
Constitution for the ICL project. This document will be updated
continuously
as the improved translation is progressing.
The new constitution is a complete revision ('Totalrevision').
However, it does
not radically change the structure of the Swiss Federation, but
integrates the
accumulated amendments since 1874 into a new text ('Nachführung
der
Bundesverfassung'). The new constitution has been formally adopted
by
referendum on 14 April 1999 (59% yes, 41% no) and is in force
since 1 Jan
2000.
The ICL translation and edition takes into account the English
text provided
to the public by the Swiss Embassy in Washington D.C., but does
introduce
changes where this seems necessary regarding the original text.
This is
particularly true for Articles 189-191c which are still in their
draft version in
the embassy translation. Furthermore, ICL avoids the indifferent
(British-style) use of 'shall' for every kind of normative content
and adds
descriptive article titles in square brackets where the original
constitution
does not contain them (e.g., Article 50). }
Preamble
In the name of God Almighty!
WE, the Swiss People and Cantons,
WHEREAS we are mindful of our responsibility towards creation;
RESOLVING to renew our alliance to strengthen liberty and democracy,
independence and peace in solidarity and openness towards the
world;
DETERMINED to live our diversity in unity respecting one another;
CONSCIOUS of our common achievements and our responsibility towards
furure
generations; and
KNOWING that only those remain free who use their freedom, and
that the strength
of a people is measured by the welfare of the weakest of its
members;
THEREFORE we adopt the following Constitution:
Title 1 General Provisions
Article 1 Swiss Confederation
The Swiss People and the Cantons of Zurich, Berne, Lucerne, Uri,
Schyz, Obwald,
Nidwald, Glarus, Zug, Fribourg, Solothurn, Basel-City, Basel-Land,
Schaffhausen,
Appenzell Outer-Rhodes, Appenzell Inner-Rhodes, St. Gall, Grisons,
Aargau,
Thurgau, Ticino, Vaud, Valais, Neuchâtel, Geneva, and Jura
form the Swiss
Confederation.
Article 2 Purpose
(1) The Swiss Confederation protects the liberty and rights of
the people and
safeguards the independence and security of the country.
(2) It promotes common welfare, sustainable development, inner
cohesion, and
cultural diversity of the country.
(3) It ensures equal opportunities for all citizens to the extent
possible.
(4) It strives to safeguard the long-term preservation of natural
resources and to promote a just and peaceful international order.
Article 3 Cantons
The Cantons are sovereign insofar as their sovereignty is not
limited by the Federal
Constitution; they exercise all rights which are not transferred
to the Confederation.
Article 4 National Languages
The National Languages are German, French, Italian, and Romansh.
Article 5 Rule of Law
(1) The law is the basis and limitation for all activities of
the state.
(2) State activity must be in the public interest and proportional.
(3) State institutions and privat persons must act in good faith.
(4) The Confederation and the Cantons do respect international
law.
Article 6 Individual and Social Responsibility
Every person is responsible for him- or herself and advances,
according to his or her
abilities, the goals of state and society.
Title 2 Basic, Civil, and Social Rights
Chapter 1 Basic Rights
Article 7 Human Dignity
Human dignity ought to be respected and protected.
Article 8 Equality
(1) Everyone is equal before the law.
(2) Nobody may be discriminated against, namely for his or her
origin, race, sex,
age, language, social position, way of life, religious, philosophical,
or political
convictions, or because of a corporal or mental disability.
(3) Men and women have equal rights. The law provides for legal
and factual
equality, particularly in the family, during education, and at
the workplace. Men and
women have the right to equal pay for work of equal value.
(4) The law provides for measures to eliminate disadvantages
of disabled people.
Article 9 Protection Against Arbitrariness and Preservation of
Good Faith
Every person has the right to be treated by state institutions
without arbitrariness
and in good faith.
Article 10 Right to Life and Personal Freedom
(1) Every person has the right to life. The death penalty is prohibited.
(2) Every person has the right to personal liberty, particularly
to corporal and mental
integrity and freedom of movement.
(3) Torture and any other form of cruel, inhuman, or degrading
treatment or
punishment are prohibited.
Article 11 Protection of Children and Adolescents
(1) Children and adolescents have the right to special protection
of the personal
integrity and to promotion of their development.
(2) They excercise their rights according to their capacity to
discern.
Article 12 Right to Aid in Distress
Whoever is in distress without the ability to take care of him-
or herself has the right
to help and assistance and to the means indispensable for a life
led in human
dignity.
Article 13 Protection of Privacy
(1) Every person has the right to receive respect for his or her
private and familiy life,
home, and secrecy of mail and
telecommunication.
(2) Every person has the right to be protected against abuse
of personal data.
Article 14 Right to Marriage and Family
The rights to marriage and family are guaranteed.
Article 15 Freedom of Religion and Conscience
(1) The freedom of religion and conscience is guaranteed.
(2) Every person has the right to freely choose his or her religion
or
non-denominational belief and to profess them alone or in community
with others.
(3) Every person has the right to join or belong to a religious
community and to
receive religious education.
(4) No person may be forced to join a religious community, to
conduct a religious
act or participate in religious education.
{ The remainder of the document is still under textual revision
to consolidate the
translation. }
Article 16 Freedom of Opinion and Information
(1) The freedom of opinion and information is guaranteed.
(2) All persons have the right to form, express, and disseminate
their opinions
freely.
(3) All persons have the right to receive information freely,
to gather it from generally
accessible sources, and to disseminate it.
Article 17 Freedom of the Media
(1) The freedom of the press, radio and television, and of other
forms of public
telecasting of productions and information is guaranteed.
(2) Censorship is prohibited.
(3) Editorial secrecy is guaranteed.
Article 18 Freedom of Language
The freedom of language is guaranteed.
Article 19 Right to Primary Education
The right to sufficient and free primary education is guaranteed.
Article 20 Freedom of Science
The freedom of scientific research and teaching is guaranteed.
Article 21 Freedom of Art
The freedom of art is guaranteed.
Article 22 Freedom of Assembly
(1) The freedom of assembly is guaranteed.
(2) Every person has the right to organize assemblies, to participate
in them or to
stay away from them.
Article 23 Freedom of Association
(1) The freedom of association is guaranteed.
(2) Every person has the right to form associations, to join
or to belong to them, and
to participate in their activities.
(3) No person shall be forced to join or to belong to an association.
Article 24 Freedom of Domicile
(1) Swiss citizens have the right to establish their domicile
anywhere within the
country.
(2) They have the right to leave or to return to Switzerland.
Article 25 Protection against expulsion, extradition, and removal by force
(1) Swiss citizens may not be expelled from the country; they
may be extradited to
a foreign authority only with their consent.
(2) Refugees may not be removed by force or extradited to a state
in which they are
persecuted.
(3) No person shall be removed by force to a state where he or
she is threatened by
torture, or another means of cruel and
inhuman treatment or punishment.
Article 26 Right to property
(1) The right to property is guaranteed.
(2) Expropriation and restrictions of ownership equivalent to
expropriation shall be
fully compensated.
Article 27 Economic Freedom
(1) Economic freedom is guaranteed.
(2) It contains particularly the freedom to choose one's profession,
and to enjoy free
access to and free exercise of private economic activity.
Article 28 Freedom to Unionize
(1) Workers, employers, and their organizations have the right
to unionize for the
protection of their insterests, to form unions and to join or
refrain from joining them.
(2) Conflicts shall be resolved to the extent possible through
negotiation and
mediation.
(3) Strike and lockout are permitted when they relate to labor
relations, and when
they are not contrary to obligations to keep labor peace or to
resort to conciliation.
(4) Legislation may prohibit certain categories of persons from
striking.
Article 29 General Procedural Guarantees
(1) Every person has the right in legal or administrative proceedings
to have the
case treated equally and fairly, and judged within a reasonable
time.
(2) The parties have the right to be heard.
(3) Every person lacking the necessary means has the right to
free legal
assistance, unless the case appears to be without any chance
of success. The
person has moreover the right to free legal representation, to
the extent that this is
necessary to protect the person's rights.
Article 29a Guarantee of Legal Proceedings
Every person has the right to have legal disputes judged by a
judicial authority. The
Confederation and the Cantons may in exceptional cases exclude
judicial
proceedings.
Article 30 Judicial Proceedings
(1) Every person whose case must be judged in judicial proceedings
has the right to
have this done by a court that is established by law, has jurisdiction,
and is
independent and impartial. Exceptional tribunals are prohibited.
(2) A person against whom a civil action is brought has the right
to have the case
heard before the court at the person's domicile. Legislation
may provide for another
jurisdiction.
(3) The court hearing shall be public, and the judgment shall
be publicly proclaimed.
Legislation may provide for exceptions.
Article 31 Habeas Corpus
(1) No person may be deprived of liberty except in the cases and
in the forms
provided by statute.
(2) All persons deprived of their liberty have the right to be
informed immediately,
and in a language that they understand, of the reasons for their
detention, and of
their rights. They must have the opportunity to assert their
rights. In particular, they
have the right to have their close relatives informed.
(3) Every person taken into preventive detention has the right
to be brought before a
judge without delay; the judge shall decide whether the person
shall remain in
detention or shall be released. Every person in preventive detention
has the right to
be judged within a reasonable time.
(4) All persons who are deprived of their liberty without a trial
have the right to seize
a court at any time. The court shall decide as soon as possible
whether the
detention is legal.
Article 32 Criminal procedure
(1) Every person shall be presumed innocent until the person is
subject to a condemnation having force of law.
(2) Every accused person has the right to be informed as soon
as possible and in
full detail of the accusations. The person must have the opportunity
to exercise its
means of defense.
(3) Every condemned person has the right to have the judgment
reviewed by a
higher court. The cases where the Federal Supreme Court sits
as a court of sole
instance are reserved.
Article 33 Right of Petition
(1) Every person has the right to address petitions to authorities
without suffering
prejudice.
(2) The authorities must take cognizance of petitions.
Article 34 Political Rights
(1) The political rights are guaranteed.
(2) The guarantee of political rights protects the free formation
of opinion by the
citizens and the unaltered expression of their will.
Article 35 Realization of Fundamental Rights
(1) The fundamental rights shall be realized in the entire legal
system.
(2) Whoever exercises a function of the state must respect the
fundamental rights
and contribute to their realization.
(3) The authorities shall ensure that the fundamental rights
also be respected in
relations among private parties whenever the analogy is applicable.
Article 36 Limitations of Fundamental Rights
(1) Any limitation of a fundamental right requires a legal basis.
Grave limitations
must be expressly foreseen by statute. Cases of clear and present
danger are
reserved.
(2) Any limitation of a fundamental right must be justified by
public interest, or serve
for the protection of fundamental rights of other persons.
(3) Limitations of fundamental rights must be proportionate to
the goals pursued.
(4) The essence of fundamental rights is inviolable.
Chapter 2 Citizenship and Political Rights
Article 37 Citizenships
(1) Every person who has the citizenship of a Municipality and
of the Canton, to
which it belongs has Swiss citizenship.
(2) No person shall enjoy a privilege or suffer prejudice because
of his or her
citizenship. Exceptions are possible to regulate political rights
in bourgeoisies and
corporations, and provide for participation in their assets,
unless cantonal legislation
excludes this.
Article 38 Acquisition and Loss of Citizenship
(1) The Confederation shall regulate the acquisition and the loss
of citizenship
through descent, marriage and adoption. Moreover, it shall regulate
the loss of
Swiss citizenship on other grounds, and the reinstatement of
citizenship.
(2) It shall set minimum requirements for the naturalization
of foreigners by the
Cantons, and grant naturalization permits.
(3) It shall facilitate the naturalization of stateless children.
Article 39 Exercise of Political Rights
(1) The Confederation shall regulate the exercise of political
rights in federal matters;
the Cantons shall regulate the exercise of these rights in cantonal
and municipal
matters.
(2) The political rights shall be exercised at the domicile.
The Confederation and the
Cantons may foresee exceptions.
(3) No person shall exercise political rights in more than one
Canton.
(4) The Cantons may provide that new domiciliaries may exercise
political rights in
cantonal and municipal matters, only once a waiting period of
no more than three
months has been
observed.
Article 40 Swiss citizens domiciled abroad
(1) The Confederation shall encourage links amongst Swiss citizens
domiciled
abroad, and their links with Switzerland. It may support organizations
which pursue
this goal.
(2) It shall legislate on the rights and obligations of Swiss
citizens domiciled abroad,
in particular on the exercise of the political rights on the
federal level, the duty to
render military or alternative service, assistance to needy persons,
and social
security.
Chapter 3 Social Goals
Article 41 [General Provisions]
(1) The Confederation and the Cantons shall strive to ensure that,
in addition to
personal responsibility and private initiative,
a. every person shall benefit from social security;
b. every person shall benefit from necessary health care;
c. the family as a community of adults and children shall be
protected and
encouraged;
d. every person capable of working shall sustain himself or herself
through working
under fair and adequate conditions;
e. every person looking for housing shall find, for himself or
herself and his or her
family, appropriate housing at reasonable conditions;
f. children and young people and people of working age shall
benefit from initial and
continuing education according to their abilities;
g. children and young people shall be encouraged in their development
to become
independent and socially responsible persons, and they shall
be supported in their
social, cultural, and political integration.
(2) The Confederation and the Cantons shall strive to ensure
that every person shall
be insured against the economic consequences of old age, disability,
illness,
accidents, unemployment, maternity, orphanhood, and widowhood.
(3) They shall strive to realize the social goals within the
framework of their
constitutional powers and with the means available to them.
(4) No direct subjective right to prestations by the state may
be derived from the
social goals.
Title 3 Confederation, Cantons, and Municipalities
Chapter 1 Relationship between the Confederation and the Cantons
Section 1 Tasks of the Confederation and the Cantons
Article 42 Tasks of the Confederation
(1) The Confederation shall accomplish the tasks which are attributed
to it by the
Constitution.
(2) It shall assume the tasks which require uniform regulation.
Article 43 Tasks of the Cantons
The Cantons shall define the tasks which they shall accomplish
within the
framework of their powers.
Section 2 Cooperation between the Confederation and the Cantons
Article 44 Principles
(1) The Confederation and the Cantons shall collaborate, and shall
support each
other in the fulfillment of their tasks.
(2) They owe each other mutual consideration and support. They
shall grant each
other administrative and judicial assistance.
(3) Disputes between Cantons, or between Cantons, and the Confederation
shall, to
the extent possible, be resolved through negotiation or mediation.
Article 45 Participation in Federal Decision Making
(1) In the cases foreseen by the Federal Constitution, the Cantons
shall participate
in the decision-making process on the federal level, in particular
in federal
legislation.
(2) The Confederation shall inform the Cantons timely and fully
of its plans; it shall
consult them if their interests are involved.
Article 46 Implementation of Federal Law
(1) The Cantons shall implement federal law in conformity with
the Constitution and
the statute.
(2) The Confederation shall leave the Cantons as large a space
of action as
possible, and shall take their particularities into account.
(3) The Confederation shall take into account the financial burden
that is associated
with implementing federal law by leaving sufficient sources of
financing to the
Cantons, and by ensuring an equitable financial equalization.
Article 47 Autonomy of the Cantons
The Confederation shall respect the autonomy of the Cantons.
Article 48 Intercantonal Treaties
(1) The Cantons may enter into intercantonal treaties, and may
create common
organizations and institutions. They may, in particular, join
forces to fulfill tasks of
regional interest.
(2) The Confederation may participate in such organizations or
institutions within the
limits of its powers.
(3) Intercantonal treaties may not be contrary to the law or
the interests of the
Confederation, nor to the rights of other Cantons. The Confederation
must be notified
of such treaties.
Article 49 Supremacy of and Respect for Federal Law
(1) Federal law takes precedence over contrary cantonal law.
(2) The Confederation shall ensure that the Cantons respect federal
law.
Section 3 Municipalities
Article 50 [General Provisions]
(1) The autonomy of the Municipalities is guaranteed within the
limits fixed by
cantonal law.
(2) In its activity, the Confederation shall take into account
the possible
consequences for the Municipalities.
(3) In particular, it shall take into account the special situation
of cities,
agglomerations, and mountainous regions.
Section 4 Federal Guarantees
Article 51 Cantonal Constitutions
(1) Every Canton shall adopt a democratic constitution. The cantonal
constitution
must be approved by the people, and must be subject to revision
if a majority of the
people so requires.
(2) The cantonal constitutions must be guaranteed by the Confederation.
The
Confederation shall grant this guarantee, if the constitutions
are not contrary to
federal law.
Article 52 Constitutional Order
(1) The Confederation shall protect the constitutional order of
the Cantons.
(2) It shall intervene if the inner order of a Canton is disturbed
or threatened and
cannot be protected by the Canton alone or with the help of other
Cantons.
Article 53 Existence and Territory of the Cantons
(1) The Confederation shall protect the existence and the territory
of the Cantons.
(2) Modifications of the number of the Cantons, of the Cantons
or their status are
subject to the assent of the population concerned, of the Cantons
concerned, and of
the People and the Cantons.
(3) Modifications of the territory of a Canton are subject to
the
assent of the population concerned, of the Cantons concerned,
and the assent of
the Federal Parliament in the form of a federal decree.
(4) Intercantonal boundary settlements may be made by treaty
between the
Cantons concerned.
Chapter 2 Powers
Section 1 Relations with foreign countries
Article 54 Foreign Relations
(1) Foreign Relations are a federal matter.
(2) The Confederation shall strive to preserve the independence
of Switzerland and
its welfare; it shall, in particular, contribute to alleviate
need and poverty in the world,
and to promote respect for human rights, democracy, the peaceful
coexistence of
nations, and the preservation of natural resources.
(3) It shall take into consideration the powers of the Cantons,
and shall protect their
interests.
Article 55 Participation of the Cantons in Decisions of Foreign Policy
(1) The Cantons shall participate in the preparation of decisions
of foreign policy
which concern their powers or their essential interests.
(2) The Confederation shall inform the Cantons timely and fully,
and consult them.
(3) The position of the Cantons shall have particular weight
when their powers are
concerned. In these cases, the Cantons shall participate in international
negotiations as appropriate.
Article 56 Relations between the Cantons and Foreign Countries
(1) The Cantons may conclude treaties with foreign countries within
the scope of
their powers.
(2) These treaties may not be contrary to the law nor to the
interests of the
Confederation nor to the laws of other Cantons. Before concluding
a treaty, the
Cantons must inform the Confederation.
(3) The Cantons may deal directly with lower ranking foreign
authorities; in other
cases, the relations of the Cantons with foreign countries shall
be conducted by the
Confederation acting on their behalf.
Section 2 Security, National and Civil Defense
Article 57 Security
(1) The Confederation and the Cantons shall ensure, within the
framework of their
powers, the security of the country and the protection of the
population.
(2) They shall coordinate their efforts in the field of inner
security.
Article 58 Army
(1) Switzerland shall have an army. The army shall be organized,
in principle, as a
militia.
(2) The army shall contribute to prevent war and to maintain
peace; it shall defend
the country and protect its population. It shall lend support
to the civil authorities
when they must repel serious threats to internal security or
master other
exceptional circumstances. The statute may provide for further
tasks.
(3) The use of the army is a federal matter. The Cantons may
engage their troops to
maintain public order on their territory, if the means of the
civil authorities no longer
suffice to repel serious threats to inner security.
Article 59 Military and Alternative Service
(1) Every Swiss man must render military service. The statute
shall provide for an
alternative service.
(2) For Swiss women, military service is voluntary.
(3) Swiss men who render neither military nor alternative service
owe a tax. The tax
is levied by the Confederation and is assessed and collected
by the Cantons.
(4) The Confederation shall legislate on fair compensation for
loss of income.
(5) Those who render military or alternative service and thereby
suffer health
impairment or lose their lives, have the right for themselves
or their relatives to
adequate support by the Confederation.
Article 60 Organisation, Instruction, and Equipment of the Army
(1) Legislation on the military and on the organization, the instruction,
and the
equipment of the army, is a federal matter.
(2) Within the limits of federal law, the Cantons shall have
the power to form
cantonal troops, to appoint and to promote officers of such troops,
and to furnish a
part of their clothing and equipment.
(3) The Confederation may take over military installations of
the Cantons against fair
compensation.
Article 61 Civil defense
(1) Legislation on civil defense is a federal matter; civil defense
has the purpose of
protecting persons and property against the consequences of armed
conflicts.
(2) The Confederation shall legislate on the intervention of
civil defense in
catastrophes and emergencies.
(3) The Confederation may make the civil defense service compulsory
for men. For
women, it shall be voluntary.
(4) The Confederation shall legislate on fair compensation for
loss of income.
(5) Those who render civil defense service and thereby suffer
health impairment or
lose their lives, have the right for themselves or their relatives
to adequate support
by the Confederation.
Section 3 Education, Research, and Culture
Article 62 Education
(1) Education is a cantonal matter.
(2) The Cantons shall ensure a sufficient primary education open
to all children. This
education shall be compulsory, and shall be placed under state
direction or
supervision. It shall be free in public schools. The school year
shall begin between
mid-August and mid-September.
Article 63 Professional Education and Universities
(1) The Confederation shall legislate on professional education.
(2) It shall operate technical universities. It may create, operate,
or support other
universities and institutions of higher learning. It may make
its support conditional
upon taking coordination measures.
Article 64 Research
(1) The Confederation shall encourage scientific research.
(2) It may make its support conditional, in particular, upon
taking coordination
measures.
(3) It may create, take over, or operate research institutions.
Article 65 Statistics
(1) The Confederation shall collect the necessary statistical
data on the status and
evolution of the population, the economy, the society, the territory,
and the
environment in Switzerland.
(2) To facilitate the collection of data, it may legislate on
harmonizing and keeping
official registers.
Article 66 Support of Education
(1) The Confederation may grant subsidies to the Cantons for the
expenses that
they may incur for scholarships and for other assistance towards
education.
(2) It may, moreover, complement cantonal measures while respecting
cantonal
autonomy in school matters, and take its own measures to encourage
education.
Article 67 Education of Young People and Adults
(1) The Confederation and the Cantons shall, when fulfilling their
tasks, take into
account children's and young people's special needs for development
and
protection.
(2) The Confederation may complement cantonal measures and support
the
extra-curricular work with children and young people and the
education of adults.
Article 68 Sport
(1) The Confederation shall promote sport, particularly sport
education.
(2) It shall operate a sport school.
(3) It may legislate on youth sport, and may make sport education
in schools
compulsory.
Article 69 Culture
(1) The field of culture is a cantonal matter.
(2) The Confederation may support cultural activities of national
interest, and
encourage art and music, in particular in the field of education.
(3) In accomplishing its tasks, it shall take into account the
cultural and linguistic
diversity of the country.
Article 70 Languages
(1) The official languages of the Confederation are German, French,
and Italian.
Romansh shall be an official language for communicating with
persons of Romansh
language.
(2) The Cantons shall designate their official languages. In
order to preserve
harmony between linguistic communities, they shall respect the
traditional territorial
distribution of languages, and take into account the indigenous
linguistic minorities.
(3) The Confederation and the Cantons shall encourage understanding
and
exchange between the linguistic communities.
(4) The Confederation shall support the plurilingual Cantons
in the fulfillment of their
particular tasks.
(5) The Confederation shall support the measures taken by the
Cantons of Grisons
and Ticino tomaintain and to promote Romansh and Italian.
Article 71 Film
(1) The Confederation may encourage Swiss film production and
film culture
generally.
(2) It may legislate to encourage the variety and quality of
cinematographic works
offered.
Article 72 Church and State
(1) The regulation of the relationship between church and state
is a cantonal matter.
(2) The Confederation and the Cantons may, within the framework
of their powers,
take measures to maintain public peace between the members of
the various
religious communities.
(3) No diocese may be set up without the consent of the Confederation.
Section 4 Environment and Zoning
Article 73 Sustainable Development
The Confederation and the Cantons shall strive to establish a
durable equilibrium
between nature, in particular its capacity to renew itself, and
its use by man.
Article 74 Protection of the Environment
(1) The Confederation shall legislate on the protection of man
and the natural
environment against harm and nuisance.
(2) It shall ensure that such influences are avoided. The polluters
shall pay for the
costs of avoidance and removal.
(3) The federal regulations shall be implemented by the Cantons,
insofar as the
statute does not reserve this for the Confederation.
Article 75 Zoning
(1) The Confederation shall establish principles on zoning. Zoning
falls to the
Cantons, and shall serve to achieve an appropriate and moderate
use of the land
and its ordered inhabitation.
(2) The Confederation shall encourage and coordinate the efforts
of the Cantons, and
shall collaborate with them.
(3) In fulfilling their tasks, the Confederation and the Cantons
shall take the needs of
zoning into account.
Article 76 Water
(1) Within the limits of its powers, the Confederation shall ensure
the moderate use
and the protection of water resources, and fight against harmful
effects of water.
(2) It shall establish principles on the preservation and use
of water reserves, on the
use of water for the production of energy and for cooling purposes,
and on other
interventions into the water cycle.
(3) It shall legislate on water protection, on securing sufficient
residual water, on
hydraulic engineering, on the safety of dams and on interventions
to influence
precipitation.
(4) The Cantons shall dispose of their water resources. Within
the limits of federal
law, they may levy dues for water use. The Confederation shall
have the right to use
water for its traffic enterprises; it shall pay dues and compensation
for this.
(5) On rights concerning international water resources and dues
connected with
them, the Confederation shall decide in consultation with the
Cantons concerned. If
the Cantons concerned cannot agree on rights to intercantonal
water reserves, the
Confederation shall decide.
(6) In fulfilling its tasks, the Confederation shall take into
account the interests of the
Cantons from which the water originates.
Article 77 Forests
(1) The Confederation shall ensure that forests may fulfill their
protective, economic
and social functions.
(2) It shall establish principles for the protection of forests.
(3) It shall encourage measures for the conservation of forests.
Article 78 Nature and Cultural Heritage
(1) The protection of nature and cultural heritage is a cantonal
matter.
(2) In fulfilling its tasks, the Confederation shall take into
account the objectives of
the protection of nature and cultural heritage. It shall protect
scenery, localities,
historical sites, and natural and cultural monuments; it shall
preserve them
untouched if public interest so requires.
(3) It may support efforts towards the protection of nature and
cultural heritage, and
may, by contract or by expropriation, acquire or secure objects
of national
importance.
(4) It shall legislate on the protection of animal and plant
life, and on the preservation
of their natural environment and multiplicity. It shall protect
endangered species from
extinction.
(5) Moors and marshland of special beauty and national importance
shall be
protected. No installations may be built on them, and no alterations
of any kind may
be made to the land. An exception is made for installations serving
to ensure their
protection or continuation of existing agricultural use.
Article 79 Fishery and Hunting
The Confederation shall establish principles on the exercise
of fishery and hunting,
in particular to preserve multiplicity of fish, game, and birds.
Article 80 Protection of Animals
(1) The Confederation shall legislate on the protection of animals.
(2) It shall regulate in particular:
a. the keeping and care of animals;
b. experiments and intervention on live animals;
c. the use of animals;
d. the importation of animals and animal products;
e. trade in animals and transportation of animals;
f. the slaughter of animals.
(3) The federal regulations shall be implemented by the Cantons,
insofar as the
statute does not reserve this for the Confederation.
Section 5 Public Works and Transportation
Article 81 Public Works
In the interest of Switzerland or a large part of the country,
the Confederation may
build and operate public works, or promote the realization of
such works.
Article 82 Road Traffic
(1) The Confederation shall legislate on road traffic.
(2) It exercises high supervision over roads of national importance;
it may determine
which transit roads must remain open to traffic.
(3) The use of public roads shall be free. The Federal Parliament
may authorize
exceptions.
Article 83 National Highways
(1) The Confederation shall ensure the construction of a network
of national
highways and the utilization of these highways.
(2) The Cantons shall build and maintain their national highways
according to the
rules established by the Confederation and under its high supervision.
(3) The Confederation and the Cantons shall bear the costs of
the national highways
jointly. The costs to be borne by each Canton shall be allocated
by taking into
account the burden falling on them due to the national highways,
their interest in
these highways, and their financial resources.
Article 84 Alpine Transit
(1) The Confederation shall protect the alpine regions from the
negative effects of
transit traffic. It shall limit the nuisance caused by such traffic
to a level which is not
harmful to persons, animals, or plants, or their environment.
(2) Transalpine freight in border-to-border transit shall be
transported by rail. The
Federal Government shall take the necessary measures. Exceptions
shall be
permitted only if they are inevitable. They shall be specified
by statute.
(3) The capacity of transit roads in the alpine regions may not
be increased, except
for bypass roads to relieve the pressure of through-traffic in
towns and villages.
Article 85 Charge on Heavy Goods Traffic
(1) The Confederation may levy a charge on heavy goods traffic
related to motor
power or consumption. The charge may only be levied to the extent
to which heavy
goods traffic creates public costs which are not already covered
by other
contributions or charges.
(2) The net revenue from the charge shall be used to cover costs
in connection with
road traffic.
(3) The Cantons shall receive portions of the net revenue from
the charge. These
portions shall be calculated by taking into account the specific
repercussions of the
charge in mountainous and remote regions.
Article 86 Motor Fuels Consumption Tax and other Traffic Charges
(1) The Confederation may raise a consumption tax on motor fuels.
(2) It shall raise a tax on the use of national highways by motor
vehicles and trailers
which are not subject to the heavy goods traffic charge.
(3) It shall use half of the net revenue from the motor fuels
consumption tax and the net revenue from the national highway
tax for the following
purposes and costs in connection with road traffic:
a. Construction, maintenance, and operation of national highways;
b. Measures to promote combined traffic and traffic of accompanied
road vehicles,
or to separate railway traffic from road traffic;
c. Contributions towards the construction of main roads;
d. Contributions towards the construction of works of protection
against natural
elements, and towards measures of protection of the environment
and scenery
made necessary by road traffic;
e. General participation in the financing by the Cantons of highways
open to motor
vehicles and to equalization of financial charges in the field
of roads;
f. Contributions to the Cantons without national highways, and
to Cantons with
alpine roads serving international traffic.
(4) If these means are insufficient, the Confederation shall
raise a surtax on the
motor fuels consumption tax.
Article 87 Rail Traffic and further Means of Traffic
The legislation on rail traffic, cable cars, navigation, aviation,
and space travel is a
federal matter.
Article 88 Footpaths and Hiking Trails
(1) The Confederation shall establish principles on networks of
footpaths and hiking
trails.
(2) It may support measures of the Cantons to establish and keep
such networks,
and to coordinate them.
(3) In fulfilling its tasks, it shall take into account networks
of footpaths and hiking
trails, and shall replace paths and trails that it must close.
Section 6 Energy and Communication
Article 89 Energy Policy
(1) Within their powers, the Confederation and the Cantons shall
strive to ensure a
sufficient, diversified, reliable, and economical energy supply
compatible with the
protection of the environment, and the economical and efficient
use of energy.
(2) The Confederation shall establish principles on the use of
domestic and
renewable energy, and the economical and efficient use of energy.
(3) The Confederation shall legislate on the use of energy for
installations, vehicles,
and appliances. It shall promote the development of energy techniques,
particularly
in the fields of energy saving and renewable energy.
(4) Measures concerning the use of energy in buildings are primarily
a cantonal
matter.
(5) In its energy policy, the Confederation shall take into account
the efforts of the
Cantons, of the Municipalities, and of economic circles; it shall
take into account
the conditions in the various regions, and the limitations of
what is economically
feasible.
Article 90 Nuclear Energy
Legislation in the field of nuclear energy is a federal matter.
Article 91 Transportation of Energy
(1) The Confederation shall legislate on the transportation and
the supply of
electricity.
(2) Legislation on pipelines for the transport of liquid or gaseous
fuels is a federal
matter.
Article 92 Postal and Telecommunication Services
(1) Postal and telecommunication services are a federal matter.
(2) The Confederation shall ensure sufficient and reasonable
basic postal and
telecommunication services in all regions. The rates shall be
fixed according to
uniform principles.
Article 93 Radio and Television
(1) Legislation on radio and television and other forms of public
telecasting of
features and information is a federal matter.
(2) Radio and Television shall contribute to education and cultural
development, to
the free formation of opinion, and to the entertainment of the
listeners and viewers.
They shall take into account the particularities of the country
and the needs of the
Cantons. They shall present events factually, and reflect diverse
opinions fairly and
adequately.
(3) The independence of radio and television and the autonomy
of their programming
are guaranteed.
(4) The situation and the role of other media, in particular
the press, shall be taken
into account.
(5) It shall be possible to submit complaints about programs
to an independent
authority.
Section 7 Economy
Article 94 Principles of Economic Order
(1) The Confederation and the Cantons shall respect the principle
of economic
freedom.
(2) They shall safeguard the interests of the national economy
and, together with the
private sector of the economy, contribute to the welfare and
economic security of
the population.
(3) Within the limits of their powers, they shall strive to create
favorable conditions
for the private sector of the economy.
(4) Derogations from the principle of economic freedom, in particular
measures
against competition, shall be allowed only if foreseen by the
Federal Constitution or
based on cantonal mo nopolies.
Article 95 Private Economic Activity
(1) The Confederation may legislate on the exercise of private
economic activity.
(2) It shall strive to create a unified Swiss economic area.
It shall guarantee that
persons having a university education or a federal or cantonal
education certificate
or an education certificate recognized by a Canton may exercise
their profession
throughout Switzerland.
Article 96 Competition Policy
(1) The Confederation shall legislate to fight against economically
or socially
damaging effects of cartels and other restrictions of competition.
(2) It shall take measures
a. to prevent abuses in price fixing by enterprises and organizations
of private and
public law enjoying a dominant position on the market;
b. against unfair competition.
Article 97 Consumer Protection
(1) The Confederation shall take measures for consumer protection.
(2) It shall legislate on the remedies available to consumer
organizations. In the field
of federal legislation against unfair competition, these organizations
shall have the
same rights as professional and economic associations.
(3) The Cantons shall provide a conciliation procedure or a simple
and speedy
judicial procedure for cases below a certain value in dispute.
The Federal
Government shall establish this value.
Article 98 Banking and Insurance
(1) The Confederation shall legislate on banking and stock exchanges;
it shall take
into account the specific task and position of the cantonal banks.
(2) It may legislate on financial services in other fields.
(3) It shall legislate on private insurance.
Article 99 Monetary Policy
(1) Money and currency are a federal matter. The Confederation
shall have the
exclusive right to coin money and to issue bank notes.
(2) As an independent central bank, the Swiss National Bank shall
follow a
monetary policy which serves the general interest of the country;
it shall be
administered with the cooperation and under the supervision of
the Confederation.
(3) The Swiss National Bank shall create sufficient monetary
reserves from its
profits; a part of these reserves shall be held in gold.
(4) At least two thirds of the net profits of the Swiss National
Bank shall be credited
to the Cantons.
Article 100 Policy on Economic Development
(1) The Confederation shall take measures to ensure a balanced
economic
development and, in particular, to prevent and fight unemployment
and inflation.
(2) It shall take into account the economic development of the
various regions. It
shall cooperate with the Cantons and the economic circles.
(3) In the fields of credit and currency, in foreign trade and
in public finance, it may,
if necessary, depart from the principle of economic freedom.
(4) In their budgetary policy, the Confederation, Cantons and
Municipalities shall
take into account the economic development.
(5) In order to stabilize the economy, the Confederation may
temporarily levy
surcharges, or grant rebates on federal taxes and dues. The accumulated
funds
shall be frozen; after their release, direct surcharges shall
be individually
reimbursed, and indirect surcharges shall be used to grant rebates
or to create
employment.
(6) The Confederation may oblige businesses to accumulate reserves
for the
creation of employment; for this purpose, it shall grant tax
privileges, and may also
oblige Cantons to grant such privileges. After the release of
the reserves, the
businesses shall be free to decide how to use them within the
purposes prescribed
by statute.
Article 101 Foreign Trade
(1) The Confederation shall safeguard abroad the interests of
the Swiss economy.
(2) In special cases, it may take measures to protect the domestic
economy. It
may, if necessary, depart from the principle of economic freedom.
Article 102 Supply of Essential Goods and Services
(1) The Confederation shall ensure the country's supply of essential
goods and
services in case of threats of military or economic war, or of
severe shortages which
the economy cannot counteract by itself. It shall take provisional
measures.
(2) It may, if necessary, depart from the principle of economic
freedom.
Article 103 Structural Policy
The Confederation may support economically threatened regions
and promote
branches of the economy and professions, if the measures of self-help
that can
reasonably be excepted are insufficient to ensure their existence.
It may, if
necessary, depart from the principle of economic freedom.
Article 104 Agriculture
(1) The Confederation shall ensure that agriculture contributes
substantially by way
of a sustainable and market-oriented production
a. to the secure approvisionment of the population;
b. to the conservation of national resources and the upkeep of
rural scenery;
c. to a decentralized inhabitation of the country.
(2) In addition to the measures of self-help that may reasonably
be expected from agriculture and, if necessary, in derogation
of the principle of
economic freedom, the Confederation shall promote farms cultivating
the land.
(3) It shall conceive the measures in such a way that agriculture
may fulfill its
multiple functions. Its powers and tasks shall particularly be
the following:
a. It shall complement agricultural revenues by direct payments,
to secure a fair and
adequate remuneration for the services rendered, provided that
compliance with
ecological requirements is proven;
b. It shall promote, by way of economic incentives, forms of
production which are
particularly close to nature and friendly to the environment
and the animals;
c. It shall legislate on the declaration of origin, quality,
production and processing
methods for foodstuffs;
d. It shall protect the environment against pollution due to
excessive use of
fertilizers, chemicals and other auxiliary substances;
e. It may encourage agricultural research, counseling, and education,
and subsidize
investments;
f. It may legislate on the consolidation of rural property.
(4) To these ends it shall invest dedicated funds from the agricultural
field and
general federal funds.
Article 105 Alcohol
The legislation on the production, the importation, the refining,
and the sale of
distilled spirits is a federal matter. The Confederation shall,
in particular, take into
account the harmful effects of the consumption of alcohol.
Article 106 Gambling
(1) Legislation on gambling and lotteries is a federal matter.
(2) A federal license is required to establish and run a gambling
casino. When
issuing a federal license, the Confederation shall take into
account regional
circumstances and the dangers of gambling.
(3) The Confederation shall levy from casinos a tax on their
revenues; this tax shall
not exceed 80 percent of the gross revenues from gambling. It
shall be used to
cover the federal subsidy to old age, survivors', and disability
insurance.
(4) The licensing of gambling machines involving an element of
skill and where
money can be won is a cantonal matter.
Article 107 Weapons and Military Material
(1) The Confederation shall legislate on the misuse of weapons,
associated
equipment, and ammunition.
(2) It shall legislate on the production, acquisition, distribution,
importation,
exportation, and transit of military material.
Section 8 Housing, Work, Social Security and Health
Article 108 Promotion of Construction and Ownership of Housing
(1) The Confederation shall encourage the construction and the
ownership of
housing for private persons' own use, and the activity of developers
and
organisations for social housing.
(2) It shall promote, in particular, the acquisition and development
of land, the
efficiency of construction, and the reduction of construction
and housing costs.
(3) It may legislate on the development of land for the construction
of housing, and
on efficiency in construction.
(4) In fulfilling this task, it shall, in particular, take into
account the interests of
families and elderly, needy, and disabled persons.
Article 109 Landlord and Tenant
(1) The Confederation shall issue regulations against abuses in
the field of landlord
and tenant, particularly against abusive rent, on avoiding abusive
notices of
termination, and on the limited extension of tenancies.
(2) It may legislate to confer generally binding effect on general
contracts between
landlords and tenants. Contracts may
become generally binding only if they take fairly into account
justified minority
interests and regional differences, and respect the principle
of equality be fore the
law.
Article 110 Labor
(1) The Confederation may legislate on:
a. the protection of employees;
b. the relationship between employees and employers, in particular
the common
regulation of matters concerning an enterprise or a trade;
c. placement services;
d. conferring generally binding effect on collective labor contracts.
(2) Collective labor contracts may receive generally binding
effect only if they take
fairly into account justified minority interests and regional
differences, and respect
the principle of equality before the law and the freedom to unionize.
(3) August 1 is the Federal National Day. In labor law, it is
assimilated to a Sunday,
and paid.
Article 111 Social Security
(1) The Confederation shall take measures for an adequate social
security for the
elderly, survivors, and disabled persons. These shall be based
on three pillars,
namely, federal old age, survivors', and disability insurance,
employee pension
plans, and provision by individuals for their own future.
(2) The Confederation shall ensure that the federal old age,
survivors', and disability
insurance, and the employee pension plans may fulfill their purpose
durably.
(3) It may oblige the Cantons to exempt from taxation the institutions
of the federal
old age, survivors', and disability insurance, and the employee
pension plans, and to
grant tax relief to persons insured and their employers for contributions
paid, and
entitlements to future benefits.
(4) In cooperation with the Cantons, the Confederation shall
encourage individuals to
provide for their own future, particularly by fiscal measures
and by policies
encouraging ownership.
Article 112 Old age, Survivors' and Disability Insurance
(1) The Confederation shall legislate on the old age, survivors',
and disability
insurance.
(2) In doing so, it shall respect the following principles:
a. The insurance shall be mandatory;
b. The pensions must cover basic living expenses appropriately;
c. The maximal pension shall not exceed twice the minimal pension;
d. The pensions shall at least be adapted to the development
of prices.
(3) The insurance shall be financed:
a. by contributions of the insured persons; half the contributions
of employees shall
be paid by their employers;
b.by subsidies of the Confederation and, if the statute so provides,
of the Cantons.
(4) Together, the subsidies of the Confederation and the Cantons
shall not exceed
half the disbursements.
(5) The subsidies of the Confederation shall be primarily financed
by the net
proceeds of the tax on tobacco, the tax on distilled spirits,
and the tax on the
revenue from the operation of casinos.
(6) The Confederation shall encourage the integration of disabled
persons, and
support efforts to assist the elderly, survivors, and disabled
persons. To this end, it
may use the funds of the old age, survivors', and disability
insurance.
Article 113 Employee Pension Plans
(1) The Confederation shall legislate on employee pension plans.
(2) In doing so, it shall respect the following principles:
a. Employee pension plans together with the old age,
survivors', and disability insurance shall ensure appropriately
that the previous
lifestyle may be maintained;
b. Employee pension plans shall be mandatory for employees; the
statute may
foresee exceptions;
c. Employers shall insure their employees with a pension institution.
If necessary,
the Confederation shall give them the possibility to insure their
employees with a
federal pension institution;
d. Self-employed persons may voluntarily insure themselves with
a pension
institution;
e. For particular groups of self-employed persons, the Confederation
may declare
employee pension plans mandatory, in general or only for particular
risks.
(3) Employee pension plans shall be financed through contributions
by the insured
persons; at least half the contribution of employees shall be
paid by their
employers.
(4) Employee pension institutions must satisfy federal minimum
requirements; the
Confederation may provide for nationwide measures to resolve
particular problems.
Article 114 Unemployment Insurance
(1) The Confederation shall legislate on unemployment insurance.
(2) In doing so, it shall respect the following principles:
a. The insurance shall guarantee an appropriate compensation
for loss of earnings,
and shall support measures to prevent and fight unemployment;
b. Insurance shall be mandatory for employees; the statute may
provide exceptions;
c. Self-employed persons may voluntarily insure themselves.
(3) The unemployment insurance shall be financed by the contributions
of the
insured persons. Half the contribution of employees shall be
paid by their
employers.
(4) In extraordinary circumstances, the Confederation and the
Cantons shall provide
subsidies.
(5) The Confederation may legislate on social assistance to the
unemployed.
Article 115 Assistance to Needy Persons
Needy persons shall be assisted by the Cantons in which they
are domiciled. The
Confederation may provide for exceptions, and shall determine
the competent
authorities.
Article 116 Family Allocations and Maternity Insurance
(1) In fulfilling its tasks, the Confederation shall take into
account the needs of the
family. It may support measures to protect the family.
(2) It may legislate on family allocations and operate a federal
family compensation
fund.
(3) It shall institute a maternity insurance. It may also oblige
persons to contribute
who cannot benefit from the insurance.
(4) The Confederation may declare mandatory joining a family
compensation fund
and maternity insurance generally or for certain categories of
persons, and may
make its subsidies dependent upon fair contributions by the Cantons.
Article 117 Health and Accident Insurance
(1) The Confederation shall legislate on health and accident insurance.
(2) It may declare mandatory health and accident insurance generally
or for certain
categories of persons.
Article 118 Protection of Health
(1) Within the limits of its powers, the Confederation shall take
measures for the
protection of
health.
(2) It shall legislate on:
a. the use of foodstuffs and of therapeutics, drugs, organisms,
chemicals, and
objects which may be dangerous to health;
b. fighting contagious, widespread or particularly dangerous
human and animal diseases;
c. protection against ionizing radiation.
Article 119 Medical Assistance to Procreation and Gene Technology
in the
Human Field
(1) Persons shall be protected against the abuse of medically
assisted procreation
and gene technology.
(2) The Confederation shall legislate on the use of human reproductive
and genetic
material. It shall ensure the protection of human dignity, of
personality, and of
family, and in particular it shall respect the following principles:
a. All forms of cloning and interference with genetic material
of human reproductive
cells and embryos is prohibited;
b. Non-human reproductive and genetic material may neither be
introduced into nor
combined with human reproductive material;
c. Methods of medically assisted procreation may only be used
when sterility or the
danger of transmission of a serious illness cannot be avoided
otherwise, but neither
in order to induce certain characteristics in the child nor to
conduct research. The
fertilization of human ova outside a woman's body shall be permitted
only under
conditions determined by statute. No more human ova may be developed
into
embryos outside a woman's body than are capable of being immediately
implanted
into her;
d. The donation of embryos and all forms of surrogate maternity
are prohibited;
e. No trade may be conducted with human reproductive material
or with any product
obtained from embryos;
f. A person's genetic material may only be analyzed, registered
or disclosed with
the consent of that person, or if a statute so provides;
g. Every person shall have access to the data concerning his
or her ancestry.
Article 120 Gene Technology in the Non-Human Field
(1) Persons and their environment shall be protected against abuse
of gene
technology.
(2) The Confederation shall legislate on the use of the reproductive
and genetic
material of animals, plants, and other organisms. In doing so,
it shall take into
account the dignity of creation and the security of man, animal
and environment,
and shall protect the genetic multi plicity of animal and vegetal
species.
Section 9 Residence and Domicile of Foreigners
Article 121 [General Provisions]
(1) Legislation on immigration, emigration, residence and domicile
of foreigners, and
on granting asylum are federal matters.
(2) Foreigners who endanger Switzerland's security may be removed
from
Switzerland by force.
Section 10 Civil and Criminal Law, Weights and Measures
Article 122 Civil Law
(1) Legislation in the field of civil law and civil procedure
is a federal matter.
(2) The organization of the judiciary and civil justice are cantonal
matters unless
otherwise provided by statute.
Article 123 Criminal Law
(1) Legislation in the field of criminal law and criminal procedure
is a federal matter.
(2) The organization of the judiciary, criminal justice, and
execution of criminal
penalties and measures are cantonal matters, unless otherwise
provided by statute.
Article 124 Aid to Victims of Criminal Acts
The Confederation and the Cantons shall ensure that the victims
of criminal acts
against the corporal, mental, or sexual integrity
receive assistance and appropriate compensation if, as a consequence
of the
criminal act, they suffer financial difficulties.
Article 125 Weights and Measures
Legislation on weights and measures is a federal matter.
Chapter 3 Finances
Article 126 Budget
(1) The Confederation shall keep its expenditure and receipts
in balance in the long
term.
(2) It shall reduce the federal debt. In doing so, it shall take
the economic situation
into consideration.
Article 127 Principles of Taxation
(1) The general principles of taxation, particularly the circle
of taxpayers, and the
object of the tax and its calculation, shall be established by
statute.
(2) To the extent that the nature of the tax allows it, the principles
of universality and
equality of tax treatment and of taxation according to economic
capacity shall be
followed.
(3) Intercantonal double taxation is prohibited. The Confederation
shall take the
necessary measures.
Article 128 Direct Taxes
(1) The Confederation may raise a direct tax:
a. of at most 11.5 percent on the income of natural persons;
b. of at most 9.8 percent on the net profit of legal entities;
c. of at most 0.0825 percent on the capital and the reserves
of legal entities.
(2) In establishing the tax scales, the Confederation shall take
into account the
burden of direct taxes on the Cantons and the Municipalities.
(3) The effect on natural persons of the shift into higher tax
brackets due to inflation
shall be periodically equalized.
(4) The Cantons shall assess and collect the taxes. Three tenths
of the gross tax
yield shall fall to the Cantons; at least one sixth of this amount
shall be used for
financial equalization among Cantons.
Article 129 Harmonization of Taxes
(1) The Confederation establishes principles on the harmonization
of direct taxes of
the Confederation, Cantons, and Municipalities; she takes into
account the efforts of
the Cantons to harmonize their taxes.
(2) The harmonization extends to the duty to pay taxes, the object
of taxation, its
period, and procedural and criminal law on taxation. Harmonization
does not cover
tax scales, tax rates, and tax-exempt amounts.
(3) The Confederation may issue regulations against arrangements
granting
unjustified tax advantages.
Article 130 Value Added Tax
(1) The Confederation may levy a value added tax with a maximum
tax rate of 6.5
percent on the supply of goods and services, including own use,
and on imports.
(2) 5 percent of the tax yield shall be used for measures in
favor of low income
groups.
(3) If, because of the development of the age structure, the
financing of the old age,
survivors', and disability insurance is no longer secured, the
value added tax rate
may be raised by at most 1 percent point by Federal Statute.
Article 131 Special Consumption Taxes
(1) The Confederation may levy special consumption taxes on the
following:
a. tobacco and tobacco products;
b. distilled spirits;
c. beer;
d. automobiles and their components;
e. crude, oil, other mineral fuels, natural gas, and products
obtained through refining
them, and on motor fuels.
(2) It may levy a surtax on motor fuels.
(3) One tenth of the net yield of the tax on distilled spirits
shall be credited to the
Cantons. These funds shall be used to fight the causes and the
effects of addiction.
Article 132 Stamp and Withholding Taxes
(1) The Confederation may levy a stamp tax on securities, on insurance
premium
receipts, and on other documents of commerce; documents concerning
operations
in immovable property and mortgages shall be exempt from stamp
tax.
(2) The Confederation may levy a withholding tax on the revenue
from movable
capital assets, on lottery gains, and on insurance benefits.
Article 133 Customs Duties
Legislation on customs duties and other levies on trans-border
goods traffic is a
federal matter.
Article 134 Exclusion of Cantonal and Municipal Taxation
What federal legislation subjects to value added tax, to a special
consumption tax,
to stamp tax, or to withholding tax, or declares to be exempt
from these taxes, may
not be taxed by the Cantons and the Municipalities with taxes
of the same kind.
Article 135 Financial Equalization
(1) The Confederation shall promote financial equalization among
the Cantons.
(2) When granting subsidies, it shall take into account the financial
capacity of the
Cantons and the special situation of the mountainous regions.
Title 4 People and Cantons
Chapter 1 General Provisions
Article 136 Political Rights
(1) All Swiss citizens who are 18 years or older, and are not
under guardianship
because of mental illness or weakness, shall have political rights
in federal matters.
All shall have the same political rights and obligations.
(2) They may participate in elections to the House of Representatives
and in federal
votations, and may launch and sign popular initiatives and referenda
in federal
matters.
Article 137 Political Parties
The political parties shall contribute to the forming of the
opinion and the will of the
People.
Chapter 2 Initiative and Referendum
Article 138 Popular Initiative for Total Revision of the Federal Constitution
(1) 100 000 citizens entitled to vote may propose a total revision
of the Federal
Constitution.
(2) This proposal has to be submitted to the people by referendum.
Article 139 Popular Initiative for Partial Revision of the Federal Constitution
(1) 100 000 citizens entitled to vote may propose a partial revision
of the Federal
Constitution.
(2) The popular initiative for a partial revision of the Federal
Constitution may be in
the form of a general suggestion or a formulated draft.
(3) If an initiative does not respect the principle of unity
of form, the principle of unity
of subject matter, or mandatory rules of international law, the
Federal Parliament
shall declare the initiative invalid, in whole or in part.
(4) If the Federal Parliament approves an initiative in the form
of a general
suggestion, it shall prepare a partial revision in the sense
of the initiative, and
submit it to the vote of the people and the Cantons. If it rejects
the initiative, it shall
submit it to the vote of the People; the People shall decide
whether the initiative
should be followed. If the People approves the initiative, the
Federal Parliament shall
formulate a corresponding draft.
(5) An initiative in the form of a formulated draft shall be
submitted to the vote of the
People and the Cantons. The
Federal Parliament shall recommend its approval or its rejection.
If it recommends
its rejection, it may submit its own counter-draft.
(6) The People and the Cantons shall vote simultaneously on the
initiative and the
counter-draft. The voters may approve both drafts. They may indicate
which draft
they prefer, should both be approved; should one of the drafts
obtain the majority of
the People's votes and the other the majority of the votes of
the Cantons, neither of
them shall come into force.
Article 140 Mandatory Referendum
(1) The following shall be submitted to the vote of the People
and the Cantons:
a. Revisions of the Federal Constitution;
b. The entry into organizations for collective security or into
supranational
communities;
c. Federal Statutes declared urgent which have no constitutional
basis and whose
validity exceeds one year; such Federal Statutes must be submitted
to the vote
within one year after their adoption by the Federal Parliament.
(2) The following shall be submitted to the vote of the People:
a. Popular initiatives for total revision of the Federal Constitution;
b. Popular initiatives for partial revision of the Federal Constitution
in the form of a
general suggestion which were rejected by the Federal Parliament;
c. The question whether a total revision of the Constitution
should be carried out if
both Chambers disagree.
Article 141 Optional Referendum
(1) The following are submitted to the vote of the People at the
request of 50'000
citizens entitled to vote, or of eight Cantons:
a. Federal Statutes;
b. Federal Statutes declared urgent with a validity exceeding
one year;
c. Federal decrees to the extent the Constitution or the statute
foresee this;
d. International treaties which:
1. are of unlimited duration and may not be terminated;
2. provide for the entry into an international organization;
3. involve a multilateral unification of law.
(2) The Federal Parliament may submit further international treaties
to optional
referendum.
Article 142 Required Majorities
(1) Proposals submitted to the vote of the People shall be accepted
if the majority of
those voting approves them.
(2) Proposals submitted to the vote of the People and the Cantons
shall be
accepted if the majority of those voting and the majority of
the Cantons approve
them.
(3) The result of a popular vote in a Canton determines the vote
of that Canton.
(4) The Cantons of Obwald, Nidwald, Basle-City, Basle-Land, Appenzell
Outer
Rhodes and Appenzell Inner Rhodes have each one half of a cantonal
vote.
Title 5 Federal Authorities
Chapter 1 General Provisions
Article 143 Eligibility
Every Swiss citizen entitled to vote is eligible for membership
in the House of
Representatives, the Federal Government, and the Federal Supreme
Court.
Article 144 Incompatibilities
(1) Members of the House of Representatives, of the Senate, of
the Federal
Government, and Judges of the Federal Supreme Court may not at
the same time
be members of another of these bodies.
(2) The members of the Federal Government and the full-time judges
of the Federal
Supreme Court may not carry out another function of the Confederation
or a Canton,
nor may they exercise another gainful activity.
(3) The statute may provide for other incompatibilities.
Article 145 Term of Office
The members of the House of Representatives, the Federal Government,
and the
Chancellor of the Confederation shall be elected for four years.
The judges of the
Federal Supreme Court shall be elected for six years.
Article 146 Answerability of the State
The Confederation shall be answerable for damage caused illegally
by its organs in
the exercise of their official activities.
Article 147 Hearings and Consultations
The Cantons, the political parties, and the interested circles
shall be heard in the
course of the preparation of important legislation and other
projects of substantial
impact, and on important international treaties.
Chapter 2 Federal Parliament
Section 1 Organisation
Article 148 Status
(1) Subject to the rights of the People and the Cantons, the Federal
Parliament is
the highest authority of the Confederation.
(2) It has two Chambers, the House of Representatives and the
Senate; which have
equal powers.
Article 149 Composition and Election of the House of Representatives
(1) The House of Representatives shall be composed of 200 representatives
of the
People.
(2) The representatives shall be elected directly by the People
according to the
system of proportional representation. The House of Representatives
shall be
renewed in full every four years.
(3) Each Canton shall form an electoral district.
(4) The seats shall be distributed among the Cantons in proportion
to their
population. Each Canton shall have at least one seat.
Article 150 Composition and Election of the Senate
(1) The Senate shall consist of 46 delegates of the Cantons.
(2) The Cantons of Obwald, Nidwald, Basle-City, Basle-Land, Appenzell
Outer
Rhodes and Appenzell Inner Rhodes shall elect one Senator each,
the other
Cantons shall elect two Senators.
(3) The Cantons shall regulate the election of their Senators.
Article 151 Session Periods
(1) The Chambers shall meet regularly for sessions. The Statute
shall regulate the
calling of sessions.
(2) One fourth of the members of a Chamber or the Federal Government
may
request that the Chambers be called to an extraordinary session
period.
Article 152 Presidency
Each Chamber shall elect from its midst for a term of one year,
a President, the first
VicePresident, and the second Vice-President. These mandates
shall not be
renewable for the following year.
Article 153 Parliamentary Commissions
(1) Each Chamber shall appoint commissions from its midst.
(2) The statute may foresee joint commissions.
(3) The statute may delegate certain powers that are not of a
legislative nature to
commissions.
(4) To fulfill their tasks, the commissions shall have the right
to obtain information,
to consult documents, and to conduct inquiries. The statute shall
define the limits of
these rights.
Article 154 Parliamentary Groups
The members of the Federal Parliament may form parliamentary
groups.
Article 155 Parliamentary Services
The Federal Parliament shall benefit from parliamentary services.
It may call upon
the services of the Federal Administration. The statute shall
regulate the modalities.
Section 2 Procedure
Article 156 Separate Deliberation
(1) The House of Representatives and the Senate shall deliberate
separately.
(2) Decisions of the Federal Parliament shall require the approval
of both Chambers.
Article 157 Joint Deliberation
(1) The House of Representatives and the Senate shall deliberate
in common as the
Federal Parliament in Joint Session under the chairmanship of
the President of the
House of Representatives in order to:
a. hold elections;
b. rule on jurisdictional disputes between the highest federal
authorities;
c. to rule on petitions for pardon.
(2) The Federal Parliament in Joint Session shall assemble for
special occasions,
and to hear declarations of the Federal Government.
Article 158 Meetings to be Public
The meetings of the Chambers shall be public. The Statute may
provide for
exceptions.
Article 159 Quorum and Majority
(1) The Chambers may deliberate validly if the majority of its
members are present.
(2) The decisions are taken in both Chambers and in the Federal
Parliament in Joint
Session by the majority of those voting.
(3) However, the majority of the members of each Chamber shall
be required for the
following:
a.The declaration of urgency of Federal Statutes;
b. Provisions granting subsidies, authorizing credit lines, and
establishing spending
ceilings which cause new one-time expenditures exceeding 20 Million
Swiss
Francs, or new recurrent expenditures exceeding 2 Million Swiss
Francs.
(4) The Federal Parliament may adjust these amounts to inflation
by an ordinance.
Article 160 Right to Initiatives and Motions
(1) Every member of the Federal Parliament, every parliamentary
group, every
parliamentary commission, and every Canton, have the right to
submit initiatives to
the Federal Parliament.
(2) The members of the Federal Parliament and of the Federal
Government may
present motions concerning a proposal under deliberation.
Article 161 Prohibition of Instructed Mandates
(1) The members of the Federal Parliament shall vote without instructions.
(2) They shall reveal their links with interest groups.
Article 162 Immunity
(1) The members of the Federal Parliament and the Federal
Government, and the Federal Chancellor may not be held responsible
for their
statements in the Chambers and before parliamentary organs.
(2) The statute may provide for further forms of immunity, and
extend them to other
persons.
Section 3 Powers
Article 163 Form of Laws and Decrees by the Federal Parliament
(1) The Federal Parliament shall enact rules of law in the form
of a Federal Statute
or ordinance.
(2) The other acts shall use the form of a federal decree. A
federal decree not
subjected to referendum shall be called a simple federal decree.
Article 164 Legislation
(1) All important provisions establishing rules of law must be
enacted in the form of
Federal Statutes. These include the fundamental provisions on:
a. the exercise of political rights;
b. the restrictions of constitutional rights;
c. the rights and obligations of persons;
d. the circle of tax payers, and the object and the calculation
of taxes;
e. the tasks and services of the Confederation;
f. the obligations of the Cantons when implementing and executing
federal law;
g. the organization and the procedure of federal authorities.
(2) A Federal Statute may delegate the power to legislate unless
this is excluded by
the Federal Constitution.
Article 165 Urgent Legislation
(1) A Federal Statute whose coming into force tolerates no delay,
may be declared
urgent by the majority of each Chamber and put into force immediately.
It must be
limited in time.
(2) If a referendum is demanded against an urgent Federal Statute,
it shall lapse one
year after its adoption by the Federal Parliament, unless it
is approved by the
People within that period.
(3) An urgent Federal Statute that has no constitutional basis
shall lapse one year
after its adoption by the Federal Parliament, unless it was adopted
within that period
by the People and the Cantons. It must be limited in time.
(4) An urgent Federal Statute that was not adopted in a votation
may not be
renewed.
Article 166 Foreign Relations and International Treaties
(1) The Federal Parliament shall participate in shaping foreign
policy, and shall
supervise foreign relations.
(2) It shall approve international treaties, with the exception
of those which by
statute or international treaty are within the powers of the
Federal Government.
Article 167 Finances
The Federal Parliament shall decide on federal spending, shall
adopt the budget,
and shall approve the federal accounts.
Article 168 Elections
(1) The Federal Parliament shall elect the members of the Federal
Government, the
Federal Chancellor, the judges of the Federal Supreme Court,
and the General.
(2) The Statute may empower the Federal Parliament to carry out
further elections
or to confirm appointments.
Article 169 High Supervision
(1) The Federal Parliament shall exercise the high supervision
over the Federal
Government, the Federal Administration, the Federal Courts and
the other organs
entrusted with tasks of the Confederation.
(2) Official secrecy shall not be opposable to those special
delegations of
supervisory commissions that are appointed as
provided by Statute.
Article 170 Evaluation of Efficacy
The Federal Parliament shall ensure that the efficacy of measures
taken by the
Confederation is evaluated.
Article 171 Mandates to the Federal Government
The Federal Parliament may confer mandates to the Federal Government.
The
statute shall regulate the modalities, and, in particular, the
instruments which the
Federal Parliament may use to influence matters within the powers
of the Federal
Government.
Article 172 Relations between the Confederation and the Cantons
(1) The Federal Parliament shall maintain the relations between
the Confederation
and the Cantons.
(2) It shall guarantee the cantonal constitutions.
(3) It shall decide whether to approve intercantonal treaties
and treaties between
Cantons and foreign countries, should the Federal Government
or a Canton raise an
objection.
Article 173 Further Tasks and Powers
(1) The Federal Parliament shall further have the following tasks
and powers:
a. It shall take measures to safeguard the external security,
the independence, and
the neutrality of Switzerland;
b. It shall take measures to secure the inner security;
c. If extraordinary circumstances so require, it may issue ordinances
or simple
federal decrees to fulfill the tasks according to letters a and
b;
d. It shall order active military service, and to this end, shall
mobilize all or part of
the army.
e. It shall take measures to enforce federal law;
f. It shall decide on the validity of popular initiatives that
meet the formal
requirements;
g. It shall cooperate in important planning of state activities;
h. It shall decide on individual acts, if a Federal Statute so
provides expressly;
i. It shall decide conflicts or jurisdiction between the highest
federal authorities;
k. It shall decide on petitions for pardon and declare amnesties.
(2) The Federal Parliament shall moreover deal with all subjects
that are within the
powers of the Confederation, and are not attributed to another
federal authority.
(3) The Statute may assign other tasks and powers to the Federal
Parliament.
Chapter 3 Federal Government and Federal Administration
Section 1 Organisation and Procedure
Article 174 Federal Government
The Federal Government is the highest governing and executive
authority of the
Confederation.
Article 175 Composition and Election
(1) The Federal Government shall consist of seven members.
(2) The members of the Federal Government shall be elected by
the Federal
Parliament after each full renewal of the House of Representatives.
(3) Not more than one member from the same Canton shall be elected.
Article 176 Presidency
(1) The President of the Confederation shall chair the Federal
Government.
(2) The Federal Parliament shall elect, for a term of one year,
one of the members of
the Federal Government as President of the Confederation, and
another as
Vice-President of the Federal Government.
(3) These mandates may not be renewed for the following year.
The President of the
Confederation shall not be eligible to be Vice-President for
the following year.
Article 177 Principle of Collective Authority and Division into Departments
(1) The Federal Government shall take its decisions as a collective
body.
(2) For the preparation and implementation of the decisions,
the matters of the
Federal Government shall be distributed amongst its members according
to
Departments.
(3) Matters shall be entrusted to Departments or administrative
units subordinated
to them to be settled directly; in such cases, the right of recourse
to a remedy shall
be guaranteed.
Article 178 Federal Administration
(1) The Federal Government shall direct the Federal Administration.
It shall ensure
its efficient organization and the effective fulfillment of its
tasks.
(2) The Federal Administration shall be divided into Departments;
each Department
is directed by one member of the Federal Government.
(3) The statute may attribute administrative tasks to organizations
and persons of
public or private law outside the Federal Administration.
Article 179 Federal Chancery
The Federal Chancery is the general staff of the Federal Government.
It shall be
directed by a Federal Chancellor.
Section 2 Powers
Article 180 Government Policy
(1) The Federal Government shall determine the goals and the means
of its
government policy. It shall plan and coordinate the activities
of the state.
(2) It shall inform the public timely and fully of its activity,
unless preponderant
public or private interests prevent this.
Article 181 Initiative
The Federal Government shall submit to the Federal Parliament
drafts of its
legislation.
Article 182 Legislation and Implementation
(1) The Federal Government shall legislate in the form of ordinances,
insofar as the
Constitution or the statute empower it to do so.
(2) It shall ensure the implementation of statutes, of decrees
of the Federal
Parliament, and of judgments of the federal judiciary.
Article 183 Finances
(1) The Federal Government shall prepare the financing plan, draft
the budget and
establish the federal accounts.
(2) It shall ensure correct financial management.
Article 184 Foreign Relations
(1) The Federal Government shall conduct foreign relations safeguarding
the Federal
Parliament's participation rights; it shall represent Switzerland
abroad.
(2) It shall sign treaties and ratify them. It shall submit them
to the Federal
Parliament for approval.(3) When the safeguard of the interests
of the country so
require, the Federal Government may issue ordinances and orders.
Ordinances
must be limited in time.
Article 185 External and Inner Security
(1) The Federal Government shall take measures to secure the external
security,
the independence, and the neutrality of Switzerland.
(2) It shall take measures to safeguard the inner security.
(3) It may base itself directly on the present article to issue
ordinances and orders
to obviate existing or imminent great
disturbances of the public order, the external or the inner security.
Such ordinances
shall be limited in time.
(4) In urgent cases, it may mobilize troops. If it mobilizes
more than 4000 members
of the armed forces for active duty, or if the mobilization for
active duty is expected
to last more than three weeks, the Federal Parliament must be
convened without
delay.
Article 186 Relations between the Confederation and the Cantons
(1) The Federal Government shall entertain the relations between
the Confederation
and the Cantons, and shall collaborate with the Cantons.
(2) It shall approve cantonal legislation where the implementation
of federal law so
requires.
(3) It may raise objections against treaties amongst the Cantons,
or between
Cantons and foreign countries.
(4) It shall ensure the implementation of federal law, cantonal
constitutions, and
intercantonal treaties, and shall take the necessary measures.
Article 187 Further Tasks and Powers
(1) The Federal Government shall further have the following tasks
and powers:
a. It shall supervise the Federal Administration and the other
organizations or
persons entrusted with tasks of the Confederation;
b. It shall regularly inform the Federal Parliament of its activity
and on the state of
the country;
c. It shall carry out the appointments that are not in the powers
of other authorities;
d. It shall decide on remedies where the statute so provides.
(2) The statute may attribute further tasks and powers to the
Federal Government.
Chapter 4 Federal Supreme Court and other Judicial Authorities
Article 188 Position of Federal Supreme Court
(1) The Federal Supreme Court is the highest federal judicial
authority.
(2) Its organization and its procedure shall be regulated by
statute.
(3) The Federal Supreme Court shall provide for its own administration.
Article 189 Jurisdiction of Federal Supreme Court
(1) The Federal Supreme Court has jurisdiction over:
a. complaints regarding the violation of constitutional rights;
b. complaints regarding the violation of communal autonomy and
other cantonal
guarantees on the behalf associations of public law;
c. complaints regarding the violation of international or intercantonal
contracts;
d. public law disputes between the Confederation and the Cantons
or between
Cantons.
(2) The statute may provide for further grounds for jurisdiction
of the Federal
Supreme Court.
Article 190 Jurisdiction in Civil, Criminal and Public Law
(1) The statues provides for the jurisdiction of the Federal Supreme
Court regarding
civil, ciriminal and public law and in all other areas of the
law.
(2) The Cantons may, with the consent of the Federal Parliament,
assign to the
Federal Supreme Court for its determination disputes of cantonal
public law.
Article 191 Relevant Law
Federal statutes and public international law are the relevant
laws for the Federal
Supreme Court and other law-applying public agencies.
Title 6 Revision of the Federal Constitution and Temporal Provisions
Chapter 1 Revision
Article 192 Principle
(1) The Federal Constitution may be subjected to a total or a
partial revision at any
time.
(2) Where the Federal Constitution and implementing legislation
do not provide
otherwise, the revision shall follow the legislative process.
Article 193 Total Revision
(1) A total revision of the Federal Constitution may be proposed
by the People or by
one of the Chambers, or may be decreed by the Federal Parliament.
(2) If the initiative emanates from the People or if the Chambers
disagree, the
People shall decide whether a total revision shall be undertaken.
(3) Should the People accept a total revision, both Chambers
shall be newly
elected.
(4) The mandatory provisions of international law may not be
violated.
Article 194 Partial Revision
(1) A partial revision of the Federal Constitution may be requested
by the People, or
be decreed by the Federal Parliament.
(2) A partial revision must respect the principle of the unity
of subject matter; it may
not violate the mandatory provisions of international law.
(3) A popular initiative for partial revision must, moreover,
respect the principle of the
unity of form.
Article 195 Entry into Force
The Constitution revised in total or in part shall enter into
force as soon as it is
accepted by the People and the Cantons.
Chapter 2 Transitory Provisions
Article 196 [Transitory Provisions]
1. Transitory Provision to Art. 84 (Transalpine Traffic)
The transfer of freight transit traffic from road to rail shall
be completed ten years
after the adoption of the popular initiative for the protection
of the alpine regions from
transit traffic.
2. Transitory Provision to Art. 85 (Flat Heavy Traffic Charge)
(1) The Confederation shall levy an annual charge on each domestic
and foreign
motor vehicle and trailer having a total weight of over 3.5 tons
for the use of roads
open to general traffic.
(2) The charge shall be:
a. for lorries and articulated motor vehicles of
- over 3,5 up to 12t: CHF 650
- over 12 up to 18t: CHF 2000
- over 18 up to 26t: CHF 3000
- over 26t: CHF 4000
b. for trailers of
- over 3,5 up to 8t: CHF 650
- over 8 up to 10t: CHF 1500
- over 10t: CHF 2000
c. for coaches: CHF 650
(3) The rates may be adjusted by means of a Federal Statute,
insofar as this is
justified by the cost of road traffic.
(4) The Federal Government may, moreover, by means of an ordinance,
bring the
tariff categories that apply above 12 tons listed in paragraph
2 into line with possible
amendments of the weight categories defined in the road traffic
statute.
(5) For vehicles which are not on the road in Switzerland during
the whole year, the
Federal Government shall establish suitably gradual rates, taking
into account the
costs of collecting the charge.
(6) The Federal Government shall regulate the implementation.
It may establish the
rates foreseen in subsection 2 for special
categories of vehicles, exempt certain vehicles from the charge,
and establish
special regulations, particularly for journeys in border areas.
Such regulations shall
not result in vehicles registered abroad being treated more favorably
than Swiss
vehicles. The Federal Government may foresee fines in case of
infractions. The
Cantons shall collect the charges on vehicles registered in Switzerland.
(7) The charge may be wholly or partly abolished by statute.
(8) The present article shall apply until the coming into force
of the Federal Statute
of December 19, 1997 on the heavy traffic duty related to motor
power or
consumption.
3. Transitory Provision to Art. 87 (Railroad and other Traffic)
(1) The Major Railroad Projects are the New Alpine Crossing,
Rail 2000, the link of
Eastern and Western Switzerland to the European high-speed railroad
network, and
the improvement by active and passive measures of protection
against noise along
railroad lines.
(2) In order to finance the Major Railroad Projects, the Federal
Government may:
a. use the full yield of the flat heavy traffic charge set out
in Art. 196, subsection 2
until the charge on heavy goods traffic related to motor power
or consumption
according to Article 85 comes into force, and may, for this purpose,
at most double
the rates;
b. use no more than two thirds of the yield of the heavy goods
traffic charge related
to motor power or consumption set out in Art. 85;
c. use funds yielded by the tax on mineral fuels set out in Art.
86, subsection 3,
letter b to cover 25 percent of the total costs for the basic
lines of the New Alpine
Crossing;
d. raise funds on the capital markets, but no more than 25 percent
of the general
costs of the new alpine crossing, Rail 2000, and the link of
Eastern and Western
Switzerland to the European high-speed railroad network;
e. raise by .1 percent points all value added tax rates (including
surtax) out in Art.
196, subsection 14 and Art. 130;
f. provide for additional financing from private sources or international
organizations.
(3) The financing of the Major Railroad Projects according to
paragraph 1 shall be
assured by a fund legally dependent on the Confederation, but
keeping separate
accounts. The proceeds from the tolls and taxes set out in paragraph
2 shall be
credited to the financial accounts of the Confederation, and
transferred into the fund
the same year. The Confederation may grant advances to the fund.
The Federal
Parliament shall issue the regulations for the fund by means
of an ordinance.
(4) The four Major Railroad Projects according to paragraph 1
shall be adopted by
means of Federal Statutes. For each major project as a whole,
its necessity and
status of planning must be established. For the New Alpine Crossing
project, the
various construction phases shall be defined in the Federal Statute.
The Federal
Parliament shall allocate the necessary funds by way of authorizing
credit lines. The
Federal Government shall approve the construction mile stones,
and determine the
timetable.
(5) This provision shall apply until the construction of the
Major Railroad Projects
mentioned in paragraph 1 is completed, and their financing has
ended (through
repayment of advances)
4. Transitory Provision to Art. 90 (Nuclear Energy)
Until September 23, 2000, no general, building, start-up, or
operating permit shall be
granted for new installations for the production of nuclear energy.
5. Transitory Provision to Art. 95 (Private Economic Activity)
Until federal legislation is adopted, the Cantons shall mutually
recognize their
education or training certificates.
6. Transitory Provision to Art. 102 (Approvisionment of the Country)
(1) The Confederation shall ensure the approvisionment of the
country with millable
cereals and baking flour.
(2) This transitory provision shall remain in effect until December
31, 2003 at the
latest.
7. Transitory Provision to Art. 103 (Structural Policy)
For no more than ten years from the entry into force of the Constitution,
the Cantons
may, to secure the existence of important parts of a particular
sector of the hotel
and restaurant indus try, continue to apply existing regulations
that make the
opening of new businesses in that sector conditional upon establishingf
a need.
8. Transitory Provision to Art. 106 (Gambling)
(1) Article 106 shall enter into force with the entry into force
of a new Federal
Statute on gambling and casinos.
(2) Until that date, the following provisions shall apply:
a. It shall be prohibited to open and to operate casinos.
b. The Cantonal Governments may, under certain limitations mandated
by public
interest, authorize entertainment gambling as was customary in
Kursaals until the
Spring of 1925, if the competent authority is of the opinion
that this gambling is
necessary to maintain or develop tourism, and if it is organized
by a Kursaal
operator serving this purpose. The Cantons may also prohibit
this type of gambling.
c. The Federal Government shall issue an ordinance on the limitations
mandated by
public interest. The stake shall be no more than CHF 5.--.
d. Each cantonal gambling license must be approved by the Federal
Government.
e. One fourth of the raw receipts of the gambling operations
must be credited to the
Confederation which shall use this part, without regard to its
own prestations, for the
benefit of victims of natural disasters, and for institutions
of public assistance.
f. The Confederation may also take the necessary measures concerning
lotteries.
9. Transitory Provision to Art. 110 Subsection 3 (National Day)
(1) Until the entry into force of the new federal legislation,
the Federal Government
shall regulate the modalities.
(2) Swiss National Day shall not be included in the number of
holidays established
in Art. 18, par. 2 of the Labor Statute.
10. Transitory Provision to Art. 112 (Old age, Survivors', and
Disability Insurance)
As long as the federal old age, survivors', and disability insurance
does not cover the
basic living expenses, the Confederation shall grant the Cantons
subsidies for the
financing of supplementary benefits.
11. Transitory Provision to Art. 113 (Employment Pension Plans)
Insured persons who belong to the generation at the time of the
introduction of
mandatory employee pension plans, and therefore did not contribute
for the full time,
shall receive the minimum statutory benefits, according to their
income, within 10 to
20 years after the entry into force of the statute.
12. Transitory Provision to Art. 126 (Financial Order)
(1) The deficit in the financial accounts of the Confederation
shall be reduced
through savings until the accounts are substantially balanced.
(2) The deficit may not exceed 5000 Million Swiss Francs in the
1999 accounts and
2500 Million in the 2000 accounts. In the 2001 accounts, it shall
be reduced to at
most 2 percent of the receipts.
(3) If the economic situation so requires, the majority of the
members of both
Chambers may extend by way of a decree the deadlines according
to paragraph 2
at most by two years altogether.
(4) The Federal Parliament and the Federal Government shall take
into account the
objectives of paragraph 2 when establishing the budget and the
long-term financing
plan, and when deliberating on all matters having financial consequences.
(5) When implementing the budget, the Federal Government shall
use all saving
opportunities. To this end, it may freeze credits and credit
lines already authorised.
Statutory rights and subsidies promised in individual cases with
force of law shall be
reserved.
(6) If the objectives according to paragraph 2 are missed, the
Federal Government shall determine which amount must be additionally
saved. To
this end,
a. it shall decide on additional savings within its powers;
b. it shall propose to the Federal Parliament amendments of statutes
leading to
additional savings.
(7) The Federal Government shall establish the total sum of the
additional savings in
such a way that the objectives shall be achieved with a delay
of no more than two
years. The savings shall be made both on subsidies to third parties
and in the field
of the Confederation itself.
(8) The two Chambers shall decide on the motions of the Federal
Government in the
same session, and shall put their decree into force following
the procedure of Art.
165 of the Constitution; they shall be bound to the amount of
savings established by
the Federal Government according to paragraph 6.
(9) Should the deficit in a later yearly account again exceed
2 percent of the
receipts, it shall be reduced in the following yearly accounts
to this objective. If the
economy so requires, the Federal Parliament may, by way of an
ordinance, extend
the period by no more than two years. In all other respects,
the procedure follows
paragraphs 4 to 8.
(10) This provision shall remain in effect until it shall be
replaced by constitutional
law measures to limit the federal deficit and the federal debt.
13. Transitory Provision to Art. 128 (Term of Tax Levy)
The direct federal tax may be levied until the end of 2006.
14. Transitory Provision to Art. 130 (Value Added Tax)
(1) Until a statute on value added tax shall enter into force,
the implementing
provisions shall be established by the Federal Government. For
the implementing
provisions, the following principles shall apply:
a. The following shall be taxable:
1. The supply of goods and services that a business provides
against payment
within Switzerland (including own use);
2. The import of goods.
b. The following shall be exempt from the tax, and there shall
be no right to deduct
previous tax:
1. Postal service within the framework of its monopoly with the
exception of the
transportation of persons;
2. Health services;
3. Social welfare and social security services;
4. Services related to education, teaching, and care of children
and young persons;
5. Cultural services;
6. Insurance transactions;
7. Money market and capital market transactions, with the exception
of asset
management and recovery of debt;
8. Transfer, long term leasing, and letting of immovable property;
9. Betting, lotteries, and other games of chance;
10. Services rendered by non-profit organizations to their members
against payment
of a contribution fixed in the articles of incorporation;
11. Supply of official Swiss postage stamps used as such. To
safeguard fair
competition or to simplify the collection of the tax, voluntary
taxation of the
transactions listed above may be permitted with a right to deduct
the tax in
advance.
c. The following shall be freed from tax with a right to deduct
previous taxes:
1. The export of goods, and services rendered abroad;
2. Services in connection with the export or transit of goods.
d. The following shall not be subjected to the tax on transactions
made within
Switzerland:
1. Businesses with a total annual taxable turnover of no more
than 75'000 francs;
2. Businesses with a total annual taxable turnover of no more
than 250'000 francs,
provided that the amount of tax, after deduction of previous
tax, does not regularly
exceed 4'000 francs per year;
3. Farmers, foresters, and horticulturists who supply produce
exclusively from their
own businesses, and livestock dealers;
4. Painters and sculptors with respect to works of art created
by them personally.
To ensure fair competition or to simplify the collection of the
tax, the businesses
and persons listed above may be permitted to pay tax an a voluntary
basis, with the
right to deduct previous tax.
e. The tax rate shall be:
1. 2.0 percent on the transactions and importation of the following
goods which the
Federal Government may define in greater detail:
- piped water,
- foodstuffs and beverages, with the exception of alcoholic beverages,
- livestock, poultry, fish,
- cereals,
- seeds, tubor vegetables, and plant bulbs, growing plants, cuttings,
grafts, and cut
flowers and branches, also when arranged as bouquets, reeves,
and in similar ways,
- fodder, silage acids, straw, fertilizers, and pesticides,
- pharmaceuticals,
- newspapers, magazines, books and other printed materials to
the extent defined
by the Federal Government;
2. 2.0 percent on radio and television activities with the exception
of those of
commercial character;
3. 6.5 percent on the supply and the importation of other goods,
and on all other
taxable services.
f. The tax shall be calculated on the payment obtained, or, if
there is no such
payment, and in the case of imports, on the value of the goods
or services received.
g. The following shall be taxable:
1. Taxpayers who generate taxable turnover;
2. Persons who receive services originating abroad, provided
that their total cost
exceeds 10'000 francs per year;
3. Persons who import goods, and are liable to pay customs duty
or to make a
customs declaration.
h. The taxpayer shall pay the tax on the taxable turnover; if
the taxpayer uses the
goods supplied and the services received to generate taxable
turnover within
Switzerland or abroad, in the tax accounts the following may
be deducted from the
tax owed as previously paid tax:
1. the tax passed on to the taxpayer by other taxpayers, and
2. the tax paid on the importation of goods or on the acquisition
of services from
abroad;
3. 2.0 percent of the price of natural products purchased from
businesses not
subject to the tax in accordance with letter d, point 3. The
right to deduct previous
tax does not extend to non-commercial expenditures.
i. As a general rule, the tax and the deduction for previous
tax shall be accounted
for every quarter.
k. Special provisions may be established for turnover taxation
in the case of gold
coins and refined gold, and of goods that are already subject
to special fiscal
charges.
l. Simplifications may be made if they neither alter tax revenues
nor affect
competition significantly, nor create excessive tax accounting
difficulties for other
tax payers.
m. Tax evasion and tax endangerment shall be punishable in analogy
with the other
federal criminal provisions in the field of tax law.
n. The special provisions on the criminal liability of businesses
foreseen in article 7
of the Federal Statute on administrative criminal law may also
be applied in cases
where a fine of more than 5'000 francs is possible.
(2) During the first five years following the introduction of
the value added tax, 5
percent of the yield of this tax shall be used to reduce the
health insurance
premiums to the benefit of persons in lower income strata. The
Federal Parliament
shall decide how this part of the value added tax that is dedicated
for a specific
purpose shall be used after the expiry of this period.
(3) The Confederation may by statute set a lower rate for the
value added tax on tourist services in Switzerland, provided
that the services are
largely used by foreigners and the competitive situation so requires.
(4) The value added tax may be levied until the end of 2006.
15. Transitory Provision to Art. 131 (Beer Tax)
Until the adoption of a Federal Statute, the beer tax shall be
levied according to the
law presently in force.
16. Transitory Provision to Art. 132 (Cantonal Share of Withholding
Tax)
Until the financial equalization among the Cantons shall be subjected
to new
regulations, the cantonal share of the yield of the withholding
tax shall be 12
percent. If the tax rate for the withholding tax exceeds 30 percent,
the share of the
Cantons is 10 percent.
© 1994 - 12. Nov. 2001 / Thanks to S. Emmenegger.
For corrections please contact A. Tschentscher.
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