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Preamble
In the name of God Almighty!
We, the Swiss People and the Cantons,
being mindful of our responsibility towards creation,
in renewing our alliance to strengthen liberty and democracy, independence
and peace in solidarity and openness towards the world,
determined, with mutual respect and recognition, to live our diversity in
unity,
conscious of our common achievements and our responsibility towards future
generations,
certain that free is only who uses his freedom, and that the strength of a
people is measured by the welfare of the weak,
hereby adopt the following Constitution:
Article 1 Swiss Federation
The Swiss People and the Cantons of Zurich, Berne, Lucerne, Uri, Schwyz,
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, NeuchGeneva, and Jura form
the Swiss Federation.
Article 2 Purpose
(1) The Swiss Federation 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 the highest possible degree of equal opportunities for all
citizens.
(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 not transferred to the
Federation.
Article 4 National Languages
The National Languages are German, French, Italian, and Romansh.
Article 5 Rule of Law
(1) The law is the basis for and limitation of state activity.
(2) State activity must be in the public interest and proportional.
(3) State institutions and privat entities must act in good faith.
(4) Federation and Cantons 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.
Article 7 Human Dignity
Human dignity is to be respected and protected.
Article 8 Equality
(1) All humans are 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, namely 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 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 Faith and Conscience
(1) The freedom of faith 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.
Article 16 Freedom of Opinion and Information
(1) The freedom of opinion and information is guaranteed.
(2) Every person has the right to form, express, and disseminate his or her
opinions freely.
(3) Every person has 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 as well as all other forms
of public broadcasting 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 or
to abstain 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) Nobody may be forced to join or to belong to an association.
Article 24 Freedom of Domicile
(1) Swiss citizens have the right to establish 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) Nobody may be removed by force to a state where he or she is threatened
by torture or other means of cruel and inhuman treatment or punishment.
Article 26 Guarantee to property
(1) Property is guaranteed.
(2) Expropriation and restrictions of ownership equivalent to expropriation
are fully compensated.
Article 27 Economic Freedom
(1) Economic freedom is guaranteed.
(2) In particular, it entails the free choice of profession as well as free
access to and free exercise of private economic activity.
Article 28 Freedom to Unionize
(1) Employees, employers, and their organizations have the right to unionize
for the protection of their interests, to form unions and to join or refrain
from joining them.
(2) Conflicts ought to be settled by negotiation and mediation as far as
possible.
(3) Strike and lockout are permitted, provided they concern labor relations
and do not violate any obligation to keep labor peace or to resort to
conciliation.
(4) The law may prohibit strikes by certain groups of persons.
Article 29 General Procedural Guarantees
(1) In judicial and administrative proceedings, every person has the right to
equal and fair treatment as well as adjudication within 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, provided the case does not seem to lack any merit. To the
extent necessary for the protection of one's rights, the person also has the
right to free legal councel.
[Article 29a Guarantee of Legal Proceedings
Every person has the right to have legal disputes decided by judicial
authority. The Federation and the Cantons may in exceptional cases exclude
judicial proceedings.]*
Article 30 Judicial Proceedings
(1) Every person whose case is to be judged in judicial proceedings has the
right to a court established by law, with jurisdiction, independence, and
impartiality. Exceptional tribunals are prohibited.
(2) Every person subjected to civil action has the right to have the case
adjudicated by the court of his or her domicile. The law may provide for
another venue.
(3) Court hearings and renderings of judgments are public. The law may
provide for exceptions.
Article 31 Habeas Corpus
(1) A person may only be deprived of his or her liberty in the cases and
following the forms provided by law.
(2) Every person deprived of his or her liberty has the right to be informed
promptly, in a language which he or she understands, of the reasons for his
or her arrest and of his or her rights. The person has to have the
opportunity to assert his or her rights. In particular, he or she has the
right to have his or her close relatives informed.
(3) Every person taken into pretrial detention has the right to be brought
before a judge without delay; the judge decides whether the person remains in
detention or is released. Every person held in pretrial detention is entitled
to trial within a reasonable time.
(4) Every person deprived of his or her liberty without a trial is entitled
to access to a court at any time. The court decides as soon as possible on
the lawfulness of the detention.
Article 32 Criminal procedure
(1) Everyone is to be presumed innocent until sentenced according to law.
(2) Everyone charged with a criminal offence has the right to be informed
promptly and comprehensively of the accusation against him or her. He
or she must have the opportunity to assert his or her rights of defence.
(3) Every condemned person has the right to have the judgement reviewed by a
higher court. Provided the case is not adjudicated by the Federal Court
[Bundesgericht] as court of first and last instance.
Article 33 Right of Petition
(1) Every person has the right to address petitions to authorities; no
disadvantages may arise from using this right.
(2) The authorities have to 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 in ballots.
Article 35 Realization of Fundamental Rights
(1) Fundamental rights have to be effectuated throughout the entire legal
system.
(2) Whoever exercises a state function is bound to the fundamental rights and
obliged to contribute to their implementation.
(3) The authorities ensure that fundamental rights, as far as they are
suitable, also become effective among private parties.
Article 36 Limitations of Fundamental Rights
(1) Limitations of fundamental rights require a basis in law. Serious
limitations have to be expressly provided for in a statute. Cases of clear
and present danger not to be avoided by other means are exempt.
(2) Limitations of fundamental rights have to be justified by public interest
or by the protection of fundamental rights of others.
(3) Limitations have to satisfy the principle of proportionality.
(4) The essence of fundamental rights is inviolable.
Article 37 Citizenships
(1) A Swiss citizen is, who has the citizenship of a Municipality and the
citizenship of the Canton.
(2) No person may be granted a privilege or be disadvantaged because of his
or her citizenship rights. Exempt are provisions regarding political rights
in home communities [Band corporations as well as rights to a share in their
property as long as cantonal law does not provide otherwise.
Article 38 Acquisition and Loss of Citizenship
(1) The Federation regulates the acquisition and the loss of citizenship by
descent, marriage and adoption. In addition, it regulates the loss of Swiss
citizenship for other reasons, as well as the restoration of citizenship
[Wiedereinb
(2) The Federation sets minimal standards for the naturalization of foreigners
by the Cantons, and grants naturalization permits.
(3) The Federation facilitates the naturalization of stateless children.
Article 39 Exercise of Political Rights
(1) The Federation regulates the exercise of political rights in federal
matters; the Cantons regulate the exercise of these rights in cantonal and
municipal matters.
(2) Political rights are exercised at the domicile. The Federation and the
Cantons may provide for exceptions.
(3) No person may exercise political rights in more than one Canton.
(4) The Cantons may provide that new residents exercise their political
rights in cantonal and municipal matters only after a waiting period of up to
three months following their taking of residence.
Article 40 Swiss citizens domiciled abroad
(1) The Federation supports relations among Swiss citizens domiciled abroad
as well as their links with Switzerland. The Federation may support organizations pursuing
this goal.
(2) The Federation adopts rules on the rights and duties of Swiss citizens
abroad, in particular regarding the exercise of political rights on the
federal level, on the duty to render military or substitute service, on
welfare and on social security.
Article 41 [General Provisions]
(1) The Federation and the Cantons, in addition to personal responsibility
and private initiative, furthers the achievement that
a) every person shares in social security;
b) every person, for his or her health, receives the necessary care;
c) families as communities of adults and children are protected and
supported;
d) workers can sustain their living through work under adequate conditions;
e) people looking for housing can find for themselves and for their family
adequate housing at acceptable conditions;
f) children and youths as well as people of working age can further their
education and training according to their abilities;
g) children and youths are encouraged in their development to become
independent and socially responsible persons and are supported in their
social, cultural, and political integration.
(2) The Federation and the Cantons are working towards the goal that every
person is insured against the economic consequences of old age, disability,
illness, accidents, unemployment, maternity, orphanhood, and widowhood.
(3) They try to achieve the social goals within their constitutional
competencies and with the resources available to them.
(4) From social goals no direct claims to state subsidies may be derived.
Chapter 1
Relationship between the Federation and the Cantons
Article 42 Tasks of the Federation
(1) The Federation accomplishes tasks allocated to it by the Constitution.
(2) It assumes the tasks requiring uniform regulation.
Article 43 Tasks of the Cantons
The Cantons define the tasks to be accomplished within the framework of their
competencies.
Article 44 Principles
(1) The Federation and the Cantons support each other in the fulfillment of
their responsibilities and work together.
(2) They owe each other consideration and support. They grant each other
administrative and judicial assistance.
(3) Disputes between Cantons or between Cantons and the Federation are as far
as possible resolved through negotiation or mediation.
Article 45 Participation in Federal Decision Making
(1) The Cantons participate, according to the Constitution, in federal
decision-making, particularly regarding legislation.
(2) The Federation timely and comprehensively informs the Cantons of its
projects; it obtains their consideration whenever their interests are
concerned.
Article 46 Implementation of Federal Law
(1) The Cantons implement federal legislation according to the Constitution
and the law.
(2) The Federation leaves the Cantons as much organizational scope as
possible and takes into account the peculiarities of Cantons.
(3) The Federation takes into account the financial burden associated with
implementing the federal law by leaving sufficient financial resources to the
Cantons and by taking care of an equitable financial adjustment.
Article 47 Autonomy of the Cantons
The Federation preserves the autonomy of the Cantons.
Article 48 Intercantonal Treaties
(1) The Cantons may adopt intercantonal treaties and create common
organizations and institutions. They may, in particular, fulfill tasks of
regional interest together.
(2) The Federation may participate within the limits of its competencies.
(3) Intercantonal treaties may not be contrary to the law or interest of the
Federation or to the rights of other Cantons. They have to be made known to
the Federation.
Article 49 Supremacy of and Respect for Federal Law
(1) Federal law takes precedence over contrary cantonal law.
(2) The Federation ensures the adherence to the Federal law by the cantons.
Article 50 [General Provisions]
(1) The autonomy of Municipalities is guaranteed according to cantonal law.
(2) The Federation considers the possible consequences of its actions for the
Municipalities.
(3) In doing so, it takes into account the special situation of cities,
agglomerations, and mountain regions.
Article 51 Cantonal Constitutions
(1) Every Canton adopts a democratic constitution. It requires the
approval of the people and has to be subjected to a revision if the majority
of the people so requires.
(2) The cantonal constitutions need the guarantee of the Federation. The
Federation guarantees the constitutions if they are not contrary to federal
law.
Article 52 Constitutional Order
(1) The Federation protects the constitutional order of the Cantons.
(2) The Federation intervenes, if the order in a Canton is disturbed or
threatened and the respective Canton cannot protect it
alone or with the help of other Cantons.
Article 53 Existence and Territory of the Cantons
(1) The Federation protects the existence and the territory of the Cantons.
(2) Modifications of the established Cantons require the assent of the
electorate and Cantons concerned as well as of the People and the Cantons at
large.
(3) Modifications of the territory of a Canton require the
assent of the population and Cantons concerned as well as the approval of the
Federal Parliament in the form of a federal decree.
(4) Rectifications of boundaries may be achieved by convention among 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 Federation strives to preserve the independence of Switzerland and its welfare;
in particular the Federation contributes to alleviate need and poverty in the
world, to promote respect for human rights and democracy, the peaceful
coexistence of nations, and the preservation of natural resources.
(3) The Federation considers the competencies of the Cantons and preserves
their interests.
Article 55 Participation of the Cantons in Decisions
of Foreign Policy
(1) The Cantons participate in the preparation of decisions of foreign policy
concerning their competencies or their essential interests.
(2) The Federation informs the Cantons timely and comprehensively, and
consults them.
(3) The Consideration of the Cantons has particular weight when their
competencies are affected. In these cases, the Cantons 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
domain relevant to their competencies.
(2) These treaties may not be contrary to the law and interests of the
Federation nor to the rights of other Cantons. Before concluding a treaty,
the Cantons have to inform the Federation.
(3) The Cantons may deal directly with subordinated foreign authorities; in
other cases, the relations of the Cantons with foreign countries are
conducted by the Federation.
Section 2
Security, National and Civil Defense
Article 57 Security
(1) The Federation and the Cantons provide the security of the country and
the protection of the population within the limits of their respective
competencies.
(2) They coordinate their efforts in the field of inner security.
Article 58 Army
(1) Switzerland has an army. The
army is organized, in principle, as a militia.
(2) The army serves to prevent war and contributes to maintain peace; it
defends the country and its population. It supports the civil authorities to
repel serious threats to internal security or to cope with other exceptional
circumstances. The law may provide for further tasks.
(3) The use of the army is a federal matter. The Cantons may use their
formations for the maintenance of public order on their territory, if the
means of the civil authorities are no longer sufficient for the defence
against serious threats to inner security.
Article 59 Military and Alternative Service
(1) Every Swiss man has to render military service. The law provides 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 Federation and is assessed and collected
by the Cantons.
(4) The Federation adopts rules on fair compensation for loss of income.
(5) Persons, who render military or alternative service and thereby suffer
health impairment or lose their live, have the right, for themselves or for
their relatives to appropriate support by the Federation.
Article 60 Organisation, Instruction, and Equipment
of the Army
(1) Legislation on the military as well as on organization, instruction, and
on equipment of the army, is a federal matter.
(2) The Cantons are competent, within the limits of federal law, 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 Federation may take over military installations of the Cantons
against adequate compensation.
Article 61 Civil defence
(1) Legislation on civil protection of people and goods against consequences
of armed conflicts is a federal matter.
(2) The Federation adopts rules on the intervention of civil defence in
catastrophes and emergencies.
(3) The Federation may make the civil defence service compulsory for men. For
women it is voluntary.
(4) The Federation adopts rules on fair compensation for loss of income.
(5) Persons, who render civil defence service and thereby suffer health
impairment or lose their live, have the right for themselves or for their relatives
to appropriate support by the Federation.
Section 3
Education, Research, and Culture
Article 62 Education
(1) The school system is a cantonal matter.
(2) The Cantons provide for sufficient primary education open to all
children. The primary education is compulsory and is subordinated to state
direction or supervision. It is free of charge in public schools. The school
year begins between mid-August and mid-September.
Article 63 Professional Education and Universities
(1) The Federation adopts rules on professional education.
(2) The Federation operates technical Universities. It may establish,
operate, or support further Universities and other institutions of higher
learning. The Federation may make its support dependent on the fact that coordination
is guaranteed.
Article 64 Research
(1) The Federation furthers scientific research.
(2) The Federation may make promotion particularly dependent on the fact that
coordination is guaranteed.
(3) The Federation may establish, adopt, or operate research institutions.
Article 65 Statistics
(1) The Federation collects the necessary statistical data on the status and
evolution of the population, the economy, the society, the territory, and the
environment in Switzerland.
(2) The Federation may adopt rules on harmonizing and keeping official
registers to facilitate the collection of data.
Article 66 Support of Education
(1) The Federation may grant financial contributions to the Canton's expenses for
scholarships and other training aids.
(2) In addition to the cantonal measures and while respecting cantonal
autonomy in school matters, the Federation may seize own measures to promote
education.
Article 67 Education of Young People and Adults
(1) In the accomplishment of their tasks, the Federation and the Cantons take
into account the special needs for development and protection of children and
young people.
(2) The Federation may, in addition to cantonal measures, support the
extracurricular work with children and young people and the education of
adults.
Article 68 Sport
(1) The Federation promotes sport, particularly sport education.
(2) The Federation operates a sport school.
(3) The Federation may adopt rules on youth sport, and may declare sport
education compulsory.
Article 69 Culture
(1) The Cantons are responsible in matters of culture..
(2) The Federation may support cultural efforts of national interest, and
encourage art and music, particularly in matters of education.
(3) In the accomplishment of its tasks, the Federation considers the cultural
and linguistic diversity of the country.
Article 70 Languages
(1) The official languages of the Federation are German, French, and Italian.
In communication with persons of Romansh language, the Romansh is also an
official language.
(2) The Cantons designate their official languages. In order to preserve
harmony between linguistic communities, they respect the traditional
territorial distribution of languages, and consider the indigenous linguistic
minorities.
(3) The Federation and the Cantons further communication and exchange between
linguistic communities.
(4) The Federation supports the plurilingual Cantons in the fufillment of
their particular tasks.
(5) The Federation supports the measures taken by the Cantons of Grisons and Ticino to maintain and
to promote Romansh and Italian.
Article 71 Film
(1) The Federation may further Swiss film production and film culture.
(2) The Federation may adopt rules to promote 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) Within the limits of their competencies, the Federation and the Cantons
may take measures to maintain public peace between members of the various religious
communities.
(3) { Abolished by amendment (15 Dec 2000), confirmed and
set into force by public referendum on 10 June 2001: "No diocese
may be set up without the consent of the Federation." }
Section 4
Environment and Zoning
Article 73 Sustainable Development
The Federation and the Cantons are engaged to establish a durable balanced
relationship between nature, particularly its renewal capacity, and its use
by human beings.
Article 74 Protection of the Environment
(1) The Federation adopts rules on the protection of human beings and their
natural environment against harmful or irritating effects.
(2) The Federation provides for the fact that such effects are avoided. The
costs of such avoidance and removal carry the causers..
(3) The execution of the regulations falls to the Cantons, as far as the law
does not reserve it for the Federation.
Article 75 Zoning
(1) The Federation establishes principles on zoning. Zoning is incumbent on
the Cantons and serves to achieve an appropriate and moderate use of the land
and its ordered inhabitation.
(2) The Federation furthers and coordinates the efforts of the Cantons and
collaborates with them.
(3) The Federation and the Cantons consider the needs of zoning while
fulfilling their tasks.
Article 76 Water
(1) The Federation provides within its competencies for the moderate use and
protection of the water resources, and for the defence against harmful
effects of water.
(2) The Federation establishes principles on the preservation and opening of
water resources, on the use of water for the production of energy and for
cooling purpose, and on other interventions into the water cycle.
(3) The Federation adopts rules on water protection, on securing appropriate
residual water, on hydraulic engineering, on the safety of dams and on
interventions to influence precipitation.
(4) The Cantons dispose of the water resources. They may levy duties for the
water use within the limits of federal legislation. The Federation has the
right to use waters for its transporting enterprises; for which the
Federation pays a duty and compensation.
(5) On rights concerning international water resources and therewith
connected duties, the Federation decides in consultation with the Cantons
concerned. If the Cantons concerned cannot agree upon rights to intercantonal
water resources, the Federation will decide
(6) In the fulfilment of its tasks, the Federation considers the requests of
the cantons from which the water originates.
Article 77 Forests
(1) The Federation provides for the fulfillment of the forest's protective,
economic and welfare functions.
(2) The Federation establishes principles for the protection of forest.
(3) The Federation furthers measures for the preservation of forest.
Article 78 Nature and Cultural Heritage
(1) The protection of nature and cultural heritage is a cantonal matter.
(2) The Federation considers the requests of the protection of nature and
cultural heritage while fulfilling its tasks. The Federation saves scenery,
localities, historical sites, and natural and cultural monuments, the
Federation preserves them untouched if public interests so request.
(3) The Federation 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) The Federation adopts rules on the protection of fauna and flora, and on
the preservation of their habitats in the natural variety. The Federation protects
endangered species from extinction.
(5) Moors and moorlands of special beauty and national importance are
protected. Therein may neither constructions be built, nor may alterations of
any kind be made to the soil. Excluded are constructions which serve the
protection or the previous agricultural use of the moors and moorlands.
Article 79 Fishery and Hunting
The Federation establishes principles over practice of fishery and hunt, in
particular for the preservation of the diversity of species of fish, wildly
living mammals and birds.
Article 80 Animal Protection
(1) The Federation adopts rules on animal protection.
(2) The Federation regulates 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. animal trade and transportation of animals;
f. the killing of animals
(3) The execution of the regulations falls to the cantons, as far as the law
does not reserve it for the Federation.
Article 81 Public Works
The Federation may, in the interest of the whole or a large part of the
country, establish and operate public works or support their establishment.
Article 82 Road Traffic
(1) The Federation adopts rules on road traffic.
(2) The Federation exercises supervision over roads of national importance;
it may determine which transit roads have to remain open to traffic.
(3) The use of public roads is free of charge. The Federal Parliament may
authorize exceptions.
Article 83 National Highways
(1) The Federation guarantees the establishment of a network of national
highways and the utilization of these highways.
(2) The Cantons build and maintain their national highways according to the
rules and under supervision of the Federation.
(3) The Federation and the Cantons carry the costs of the national highways
together. The participation of each Canton is allocated according to the charge caused by the
national highways, their interest in these highways and their financial
capacity.
Article 84 Alpine Transit
(1) The Federation protects the alpine area from the negative effects of the
transit traffic. The Federation limits the nuisance caused by such traffic to
a level not harmful to persons, animals, and plants as well as their
environment.
(2) Transalpine freight in border-to-border transit is to be transported by
rail. The Federal Government takes the necessary measures. Exceptions are
permitted only if they are inevitable. They have to be specified by law.
(3) The transit route capacity in the alpine area may not be increased.
Excluded from this restriction are by-pass roads, which relieve localities of
the transit traffic.
Article 85 Charge on Heavy Goods Traffic
(1) The Federation may levy a duty on the heavy goods traffic dependent on
motor power or consumption, as far as the heavy traffic causes costs for the
public, which are not covered by other services or duties
(2) Net proceeds of the duty are used for the covering of costs in connection
with road traffic.
(3) The Cantons have a share in the net proceeds. The shares are calculated
by considering the special effects of the duty on mountainous and peripheral
areas.
Article 86 Motor Fuels Consumption Tax and other
Traffic Charges
(1) The Federation may levy a consumption tax on hydrocarbon fuels.
(2) The Federation levies a duty for the use of the national highways by
motor vehicles and trailers, which are not subordinated to the heavy traffic
delivery.
(3) The Federation disposes half of the net proceeds from the consumption tax
on hydrocarbon fuels as well as net proceeds of the national highway tax for
the following tasks and expenses in connection with road traffic:
a. Construction, maintenance, and operation of national highways;
b. Measures for the promotion of combined traffic and the transport of
accompanied motor vehicles as well as for the separation of traffic;
c. Contributions to the construction of main roads;
d. Contributions at buildings of protection against forces of nature and at
measures of the environmental and landscape protection made necessary by road
traffic;
e. General contributions to cantonal costs of roads open to motor vehicles,
and to the financial compensation in roads;
f. Contributions to cantons without national highways and to cantons with
alpine roads serving international traffic.
(4) If these means are insufficient, the Federation levies an addition to the
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 Federation establishes principles on networks of footpaths and hiking
trails.
(2) The Federation may support measures of the Cantons to establish and keep
such networks, and to coordinate them.
(3) In the fulfilment of its tasks, the Federation gives consideration to
footpaths and hiking trails and replaces paths and trails, which it has to
waive.
Article 89 Energy Policy
(1) Within their competencies, the Federation and the Cantons are working
towards a sufficient, diversified, reliable, economic and environmental
compatible energy supply as well as to an economical and rational energy
consumption.
(2) The Federation establishes principles on the use of domestic and
renewable energies and on economical and rational energy consumption.
(3) The Federation adopts rules on the energy consumption of plants, vehicles
and appliances. The Federation promotes the development of energy
engineerings, particularly in the fields of energy saving and renewable
energies.
(4) Measures concerning the consumption of energy in buildings, are primarily
a cantonal matter.
(5) In its energy politics, the Federation takes into account the efforts of
the Cantons, of the Municipalities, and of economy; it considers the
conditions in the individual national areas and the limitations of what is
economically bearable.
Article 90 Nuclear Energy
Legislation in the field of nuclear energy is a federal matter.
Article 91 Transportation of Energy
(1) The Federation adopts rules on transportation and 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 Federation provides for sufficient and reasonable priced basic postal
and telecommunication services in all national areas. The rates are fixed
according to uniform principles.
Article 93 Radio and Television
(1) Legislation on radio and television as well as on other forms of diffused
productions and information in the field of public telecommunication is a
federal matter.
(2) Radio and Television contribute to education and cultural development, to
the free formation of opinion, and to entertainment. They consider the
peculiarities of the country and the needs of the Cantons. They present
events properly and express the variety of opinions adequately.
(3) The independence of radio and television as well as the autonomy in
program organization are guaranteed.
(4) The situation and the role of other media, in particular the press, are
taken into account.
(5) Program complaints may be submitted to an independent appeal instance.
Article 94 Principles of Economic Order
(1) The Federation and the Cantons adhere to the principle of economic
freedom.
(2) They safeguard the interests of the Swiss national economy and contribute
with the private sector of economy to welfare and economic security of the
population.
(3) Within the limits of their competencies, they provide for favorable
general conditions for the private sector of economy.
(4) Derogations from the principle of economic freedom, particularly also
measures against competition, are only permissible if they are provided in
the Constitution or established by cantonal exclusive rights [Regalrechte].
Article 95 Private Economic Activity
(1) The Federation may adopt rules on the exercise of private economic
activity.
(2) The Federation provides for a uniform Swiss economic area. It guarantees
that persons with scientific education or with a federal, cantonal or
cantonal recognized certificate may exercise their profession throughout all
of Switzerland.
Article 96 Competition Policy
(1) The Federation adopts rules against economical or social damaging effects
or cartels and other restrictions of competition.
(2) The Federation takes measures
a. to prevent abuses in pricing by market-powerful enterprises and
organizations of private and public law;
b. against unfair competition.
Article 97 Consumer Protection
(1) The Federation takes measures for consumer protection.
(2) It legistlates on the remedies available to consumer organizations. In
the field of federal legislation against unfair competition, these
organizations benefit from the same rights as professional and economic
associations.
(3) The Cantons provide a conciliation procedure or a simple and speedy
judicial procedure for cases below a certain value in dispute. The Federal
Government specifies the value limitation in litigation.
Article 98 Banking and Insurance
(1) The Federation adopts rules on banking and stock markets; it takes
thereby into account the specific task and position of the cantonal banks.
(2) The Federation may adopt rules on financial services in other fields.
(3) The Federation adopts rules on private insurance.
Article 99 Monetary Policy
(1) Money and currency are a federal matter; the Federation is entitled to
the exclusive right to coin money and issue bank notes.
(2) The Swiss National Bank conducts as an independent central bank a
currency policy serving the general interest of the country; it is
administered with cooperation and under supervision of the Federation.
(3) The Swiss National Bank builds up sufficient monetary reserves from its
profits; a part of these reserves is to be held in gold.
(4) The net profit of the Swiss National Bank goes to at least two thirds to
the Cantons.
Article 100 Policy on Economic Development
(1) The Federation takes measures to ensure a balanced economic development,
particularly to prevent and fight against unemployment and inflation.
(2) The Federation considers the economic development of the individual
national areas. It cooperates with the Cantons and the economy.
(3) In finance and credit system, in foreign trade and in public finance, the
Federation may, if necessary, deviate from the principle of economic freedom.
(4) The Federation, Cantons and Municipalities consider in their income and
expenditure politics the economic situation.
(5) The Federation may, for the stabilization of economy, temporarily levy
surcharges on federal duties or grant discounts. The absorbed means are to be
immobilized; after their release, direct duties will be reimbursed
individually and indirect duties will be used to grant discounts or for
provision of employment.
(6) The Federation may obligate corporations to build up provisions of
employment reserves, therefore it grants tax privileges, and may obligate
also the Cantons to grant such privileges. After the release of the reserves,
the corporations decide freely on the use within the limits of the legal
purpose of use.
Article 101 Foreign Trade
(1) The Federation protects the interests of the Swiss economy abroad.
(2) In special cases, the Federation may take measures to protect the
domestic economy. It may, if necessary, deviate from the principle of
economic freedom.
Article 102 Supply of Essential Goods and Services
(1) The Federation ensures the supply of the country with vital goods and
services for the case of power-politics or martial threats, or of severe
shortages which the economy cannot counteract by itself. It takes
precautionary measures.
(2) The Federation may, if necessary, deviate from the principle of economic
freedom.
Article 103 Structural Policy
The Federation may support economically threatened national areas as well as
promote economic branches and professions, if reasonable self-help measures
are insufficient to ensure their existence. The Federation may, if necessary,
deviate from the principle of economic freedom.
Article 104 Agriculture
(1) The Federation provides for the fact that agriculture achieves a
substantial contribution through a lasting and market oriented production:
a. to secure the provision of the population;
b. to the maintenance of natural foundations of life and to foster the rural
scenery;
c. to a decentralized inhabitation of the country.
(2) In addition to reasonable self-help of agriculture and if necessary
deviating from the principle of economic freedom, the Federation promotes
soil-managing rural enterprises.
(3) The Federation aligns the measures in such a way that agriculture
fulfills its multi-functional tasks. It has particularly following powers and
tasks:
a. It supplements the rural income by direct payments to achieve an
appropriate remuneration for adduced outputs, provided that an ecological
performance certificate is given;
b. It promotes with economically worthy incentives production forms, which
are nature near, environmental and animal friendly;
c. It adopts rules on the declaration of origin, quality, production method
and processing method for food;
d. It protects the environments against impairments by excessive use of
fertilizer, chemicals and other auxiliary substances;
e. It may encourage agricultural research, counseling, and education, and
render investment assistance;
f. It may adopt rules on the consolidation of rural property.
(4) The Federation invests therefore dedicated funds from the agricultural
field and general federal funds.
Article 105 Alcohol
The legislation on production, import, refining and the sale of distilled
liquids is a federal matter. The Federation takes particularly into account
the harmful effects of the consumption of alcohol.
Article 106 Gambling
(1) Legislation on gambling and lotteries is a federal matter.
(2) For the establishment and the enterprise of gambling casinos a concession
of the Federation is necessary. It considers the regional conditions and the
danger of gambling.
(3) The Federation levies a duty for gambling houses dependant on yield; this
duty may not exceed 80 percent of the gross yield of gambling from the
enterprise of gambling houses.
(4) For the license of skill play automats with profit possibility the
cantons are responsible.
Article 107 Weapons and Military Material
(1) The Federation adopts rules against the abuse of weapons, weapon
accessories and ammunition.
(2) It legislate on the production, acquisition, distribution, importation,
exportation, and transit of military material.
Article 108 Promotion of Construction and Ownership
of Housing
(1) The Federation promotes house building, the acquisition of housing and
house property for personal requirements of private person's, as well as
activities of the building owners and the organizations working with the
construction of residences of public utility.
(2) The Federation promotes particularly the procurement and development of
land for house building, rationalization and price-reduction of house
building as well as reduction of housing costs.
(3) The Federation may adopt rules on the development of land for house
building and cunstruction rationalization.
(4) The Federation considers thereby particularly the interests of families
and aged, needy, and handicapped persons.
Article 109 Landlord and Tenant
(1) The Federation adopts rules against abuses in the rental matter, by name
against abusive rent, as well as on voidability of abusive terminations and
limited extension of tenancies.
(2) The Federation may adopt rules on the generally binding declaration of
framework tenancy agreements. To be able to be declared of general force,
these agreements have to account for the legitimate interests of the
minorities and the regional characteristics, and respect the principle of
equality in front of the law.
Article 110 Labor
(1) The Federation may adopt rules on:
a. the protection of employees;
b. the relationship between employees and employers, particularly the common
regulation on operational and occupational affairs.
c. employment services;
d. generally binding effect of collective agreements
(2) Collective agreements may be declared of general force, if they account
for the legitimate minority interests and regional differences appropriately,
and respect the principle of equality before the law and the freedom of
coalition.
(3) August 1 is Federal National Day. In labour law, it is coequal to a
Sunday, and paid.
Article 111 Social Security for the Elderly,
Survivors, and Disabled Persons
(1) The Federation takes measures for a sufficient provision for old age,
survivors, and disabled persons. This is based on three pillars, namely the
federal insurance for old age, survivors and disability, employee pension
plan and individual precaution.
(2) The Federation provides for the fact, that the federal old age, survivors
and disability insurance as well as the employee pension plans may fulfill
their purpose continuously.
(3) The Federation may obligate the Cantons to exempt the institutions of the
federal old age, survivors, and disability insurance as well as the employee
pension plans from tax liability, and to grant the insured persons and its
employers on contributions and reversional entitlements tax relief.
(4) The Federation promotes in cooperation with the Cantons individual
precaution namely by measures of taxation and ownership policies.
Article 112 Old age, Survivors' and Disability
Insurance
(1) The Federation adopts rules on the old age, survivors, and disability
insurance.
(2) The Federation respects thereby the following principles:
a. The insurance is mandatory;
b. The pensions have to cover basic living expenses appropriately;
c. The maximal pension amounts at most the double of the minimum pension.
The pensions will at least be adapted to the development of prices.
(3) The insurance is financed:
a. by contributions of the insured persons, whereby the employers will pay
half of the contributions for their employees
b. by subsidies of the Federation and, if the law so provides, of the
Cantons.
(4) The subsidies of the Federation and the Cantons amount together at most
half of the expenditures.
(5) The subsidies of the Federation will 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 Federation encourage the integration of disabled persons, and
supports efforts for the benefit or aged, survivors and disabled persons. For
this purpose it may use means from the old age, survivors, and disability
insurance.
Article 113 Employee Pension Plans
(1) The Federation adopts rules on employee pension plans.
(2) The Federation respects thereby the following principles:
a. Employee pension plans combined with old age, survivors, and disability
insurance enable in an appropriate way the continuation of the previous lifestyle;
b. Employee pension plans are mandatory for employees; the law may provide
for exceptions;
c. The employers insure their employees with a pension institution; as far as
necessary, the federation gives 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 Federation may declare
employee pension plans mandatory, in general or only for particular risks.
(3) Employee pension plans is financed through contributions by the insured
persons, whereby the employers pay at least half of the contributions of
their employees.
(4) Employee pension institutions have to satisfy federal minimum requirements;
the Federation may provide for nationwide measures to resolve particular
tasks.
Article 114 Unemployment Insurance
(1) The Federation adopts rules on unemployment insurance.
(2) The Federation respects thereby the following principles:
a. The insurance grants an appropriate compensation for loss of earnings, and
supports measures to prevent and fight unemployment;
b. The affiliation is mandatory for employees, the law may provide for
exceptions;
c. Self-employed persons may voluntarily insure themselves.
(3) The unemployment insurance is financed by the contributions of the
insured persons, whereby the employers pay half of the contributions for
their employees.
(4) The Federation and the Cantons provide for subsidies in extraordinary
circumstances.
(5) The Federation may adopt rules on unemployment relief.
Article 115 Assistance to Needy Persons
Needy persons are supported by their domiciled Canton (Wohnkanton). The
Federation regulates the exceptions and the competencies.
Article 116 Family Allocations and Maternity
Insurance
(1) In the fulfillment of its tasks the Federation considers the needs of the
family. It may support measures to protect the family.
(2) The Federation may adopt rules on family allowance and operates a federal
family compensation fund.
(3) The Federation institutes a maternity insurance. It may also obligate
persons to contributions that cannot benefit from the insurance.
(4) The Federation may declare the affiliation to a family compensation fund
and to the maternity insurance generally or for certain categories of persons
as mandatory, and may make its subsidies dependent upon appropriate
contributions by the Cantons.
Article 117 Health and Accident Insurance
(1) The Federation adopts rules on health and accident insurance.
(2) The Federation may declare health and accident insurance generally or for
certain categories of persons as mandatory.
Article 118 Protection of Health
(1) Within the limits of its competencies, he Federation takes measures for
the protection of health.
(2) The Federation adopts rules on:
a. the use of food and medicaments, drugs, organisms, chemicals and objects
which may endanger 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) Humans are protected against abuses of reproduction medicine and genetic
engineering.
(2) The Federation adopts rules on the use of human reproductive and genetic
material. It provides thereby for the protection of human dignity, of
personality, and of family, and respects particularly 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 not be introduced into
human reproductive material or merged with it.
c. Methods of medically supported procreation may only be used when sterility
or the danger of transmission of a serious illness cannot be repaired
otherwise, but not in order to induce certain characteristics in the child or
to conduct research; the fertilization of human ova outside a woman's body is
only permitted under conditions determined by law. 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 other forms of surrogate maternity are
prohibited;
e. With human reproductive material and with products obtained from embryos,
no trade may be conducted;
f. A person's genetic material may only be analyzed, registered or disclosed
with the consent of this person, or if the law so provides;
g. Every person has access to the data concerning his or her ancestry.
Article 119a Transplantation Medicine
(1) The Federation adopts rules in the field of transplantation of organs,
tissue, and cells. It provides thereby for the protection of human dignity,
personality, and health
(2) The Federation establishes particularly criteria for the just assignment
of organs.
(3) Donations of human organs, tissue, and cells are free of charge. The
trade with human organs is prohibited.
Article 120 Gene Technology in the Non-Human Field
(1) Humans and their environment are protected against abuse of gene
technology.
(2) The Federation adopts rules on the use of reproductive and genetic
material of animals, plants, and other organisms. It takes thereby into
account the dignity of the creature and the security of man, animal and
environment, and protects the genetic multiplicity of animal and plant
species.
Article 121 General Provisions
(1) Legislation on immigration, emigration, residence and domicile of foreigners,
and on granting asylum are federal matters.
(2) Foreigners may be evicted from Switzerland, if they endanger the national
security.
Article 122 Civil Law
(1) Legislation in the field of civil law is a federal matter.
(2) For the organization of the judiciary, civil procedure, and civil
justice, the Cantons are responsible.
(3) Judgments in civil law are enforceable through all of Switzerland.
[Revision of Article 122 (8 Oct 1999) that has not yet been set into force:
(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.
(3) { abolished }]
Article 123 Criminal Law
(1) Legislation in the field of criminal law and criminal procedure is a
federal matter.
(2) For the organization of the judiciary, criminal justice, and execution
for criminal penalties and measures, the Cantons are responsible, insofar the
law does not provide otherwise.
(3) The Federation may grant financial contributions to the Cantons for:
a. the establishment of institutions
b. the improvement of the execution of sentences and measures
c. institutions executing educational measures regarding children, youths,
and young adults.
Article 123a [Correctional Measures for Particularly
Dangerous Criminals]
(1) If a perpetrator of sexual or other violent crimes is qualified by expert
testimony necessary for sentencing as extremely dangerous without chance of
therapy, he may be enjailed for life due to the high risk of repeat
offences. Early release or temporary leave are barred.
(2) New expert testimony is only admissible if new scientific facts establish
that the criminal can successfully receive therapy and does no longer present
a danger to the public. In case of release due to such new testimony,
the administrative agency responsible for the release is liable for any
repeat offences.
(3) All expert testimony regarding perpetrators of sexual or other violent
crimes must be presented by at least two independent and experienced experts
on the basis of all relevant facts.
Article 124 Aid to Victims of Criminal Acts
The Federation and the Cantons provide for the fact that persons, who were
impaired in their physical, psychological or sexual integrity receive
assistance and appropriate compensation, if they suffer in consequence of the
criminal act economical difficulties.
Article 125 Weights and Measures
Legislation on weights and measures is a federal matter.
Chapter 3 Finances
Article 126 Budget
(1) The Federation holds its expenditures and revenues in the long term in
equilibrium.
(2) The maximum amount in the estimated budget of total expenditure to be
granted depends, considering the economic situation, on the estimated
revenues.
(3) With extraordinary financial need the maximum amount of Paragraph (2)
above may be appropriately increased. The Federal Parliament decides on such
an increase according to Article 159 (3) c.
(4) If the expenditure shown in state budget (Staatsrechnung) exceeds the
maximum amount of Paragraphs (2) and (3) above, the excess expenditure has to
be compensated during the following years.
(5) Details are determined by law.
Article 127 Principles of Taxation
(1) The definition of taxes, by name the circle of taxpayers, the object of
tax and its assessment, is to be regulated in fundamentals by law.
(2) Insofar the nature of tax allows it, the principles of generality and
equability of taxation as well as the principle of taxation according to
economic capacity are particularly to be considered.
(3) Intercantonal double taxation is prohibited. The Federation takes the
necessary measures.
Article 128 Direct Taxes
(1) The Federation may levy 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 proceed of legal persons;
c. of at most 0.825 one-tenth of a percent on capital and reserves of legal
persons.
(2) The Federation considers in establishing tax scales the burden of direct
taxes by the Cantons and the Municipalities.
(3) With tax on the income of natural persons the consequences of cold
progression will be periodically equalized.
(4) Tax is assessed and collected by the Cantons. Three tenths of the gross
tax yield are given to the Cantons; there from at least one sixth is used for
the financial equilibrium among the Cantons.
Article 129 Harmonization of Taxes
(1) The Federation establishes principles on the harmonization of direct
taxes of the Federation, Cantons, and Municipalities; it considers the
harmonization efforts of the Cantons.
(2) The harmonization extends to tax liability, the object and the periodical
assessment of taxes, procedural law and law regarding fiscal offences.
Excluded from harmonization are particularly tax scales, tax rates, and
tax-exempt amounts.
(3) The Federation may adopt rules against unjustified fiscal privileges.
Article 130 Value Added Tax
(1) The Federation may, on supply of goods and services, including own use,
and on imports, levy a value added tax with a maximum rate of 6.5 percent.
(2) 5 percent of tax yield will be used for measures in favour of low income
groups.
(3) If, because of the development of age structure, the financing of the old
age, survivors, and disability insurance is no longer guaranteed, the value
added tax rate may be raised by at most 1 percent point by Federal Statute.
Article 131 Special Consumption Taxes
(1) The Federation 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) The Federation may levy a surcharge on the consumption tax on motor
fuels.
(3) The Cantons receive 10 percent of the net proceeds out of taxation on
distilled spirits. These funds are to be used to fight causes and effects of
addiction.
Article 132 Stamp and Withholding Taxes
(1) The Federation may levy a stamp tax on securities, on insurance premium
receipts, and on other documents of commerce; excluded from stamp tax are
documents concerning real estates and mortgages transactions.
(2) The Federation may levy a withholding tax on the proceeds of 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, and 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 Federation promotes the financial equalization among the Cantons.
(2) When granting subsidies, the Federation considers the financial capacity
of the Cantons and of the mountainous areas.
Chapter 1 General Provisions
Article 136 Political Rights
(1) Political rights in federal matters are entitled to all Swiss citizens
who passed the 18th year of age and are not placed under guardianship because
of mental illness or weakness. All have the same political rights and
obligations.
(2) They may participate in the House of Representatives [Nationalrat]
elections and in votes of the Federation as well as seize and sign popular initiatives
and referenda in federal matters.
Article 137 Political Parties
The political parties contribute to the forming of opinion and 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 within 18 months of the official
publication of their initiative demand a total revision of the Federal
Constitution.
(2) This proposal has to be submitted to the people by referendum.
Article 139 Formulated Popular Initiative for
Partial Revision of the Federal Constitution
(1) 100 000 citizens entitled to vote may within 18 months of the official
publication of their formulated initiative demand a partial revision of the
Federal Constitution.
(2) If the initiative violates the principle of unity of form, the principle
of unity of subject matter, or mandatory rules of international law, the
Federal Parliament declares it invalid, in whole or in part.
(3) The initiative is submitted to the vote of the people and the
Cantons. The Federal Parliament recommends the initiative for adoption
or rejection. It may contrast the initiative with a counterproposal.
[Article 139 Popular Initiative for Partial Revision of the Federal
Constitution { old version as far as it has preliminarily been kept into
force since 19 June 2003 }
(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
public law, the Federal Parliament declares the initiative invalid, in whole
or in part.
(4) If the Federal Parliament approves an initiative in the form of a general
suggestion, it prepares a partial revision in the sense of the initiative,
and submits it to the vote of the people and the Cantons. If the Federal
Parliament rejects the initiative, it submits it to the vote of the People,
the People decide if the initiative is to be followed. Does it approve the
initiative; the Federal Parliament formulates a corresponding draft.
(5) { paragraph abolished and no longer in force }
(6) The People and the Cantons vote simultaneously on the initiative and the
counter draft. { rest of the paragraph abolished and no longer in force }]
[Article 139a General Popular Initiative
(1) 100 000 citizens entitled to vote may, within 18 months of the official
publication of their initiative in the form of a general suggestion, demand
to change or abolish provisions of the Federal Constitution or Statutes.
(2) If the initiative violates the principle of unity of form, the principle
of unity of subject matter, or mandatory rules of international law, the
Federal Parliament declares it invalid, in whole or in part.
(3) If the Federal Parliament consents to the initiative, it adopts the
requisite change of the Federal Constitution or of federal law.
(4) The Federal Parliament may contrast the requisite change by the
initiative with a counterproposal. The requisite change of the Federal
Constitution and the counterproposal are submitted to the vote of the people and
the Cantons, the requisite change of federal law and the counterproposal are
submitted to the vote of the people.
(5) If rejected by the Federal Parliament, the initiative is submitted to the
vote of the people. If the initiative is adopted, the Federal
Parliament establishes the requisite change of the Federal Constitution or of
federal law.]
Article 139b Procedure for Inititive With
Counterproposal
[(1) The voters cast their ballot at the same time for
a. the popular initiative and the requisite change and
b. the counterproposal of the Federal Parliament.]
(2) They may adopt both proposals. Regarding the priority question, they may
select which proposal takes precedence if both are adopted.
(3) Concerning approved constitutional amendments; if the priority question
results in one proposal to receive more votes of the people and the other
more votes of the Cantons, that proposal is set into force that has the
highest sum of voter's percentage points in popular vote plus cantonal vote.
Article 140 Mandatory Referendum
(1) The following will be subject to the voting of the People and the
Cantons:
a. Revision of the Federal Constitution;
b. The entry into organizations for collective security or into supranational
communities;
c. Federal Statutes declared urgent without constitutional basis and with
validity exceeding one year; such Federal Statutes have to be submitted to
the vote within one year after their adoption by the Federal Parliament.
(2) The following will be subject to the vote of the People and the Cantons:
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 if a total revision of the Federal Constitution is to be
carried out with disagreement of both chambers.
Article 141 Optional Referendum
(1) On the demand by 50 000 citizens entitled to vote or 8 Cantons, within
100 days of the official publication, the following instruments are submitted
to the vote of the People:
a. Federal Statutes;
b. Federal Statutes declared urgent with a validity exceeding one year;
c. Federal decrees to the extent the Constitution or the law provides for it;
d. International treaties which:
1. are unlimited duration and may not be terminated;
2. provide for the entry into an international organization;
3. include important legislative provisions or require the adoption of
federal Statutes.
(2) { abolished since 1 Aug 2003: "The Federal Parliament may submit
further international treaties to optional referendum." }
Article 141a Implementation of International Treaties
(1) If the approval of an international treaty is subject to a mandatory
public referendum, the Federal Parliament may include into the approval act
those amendments to the Constitution necessary for the implementation of the
treaty.
(2) If the approval of an international treaty is subject to a facultative
public referendum, the Federal Parliament may include into the approval act
those changes of the law necessary for the implementation of the treaty.
Article 142 Required Majorities
(1) Proposals submitted to vote of the People are accepted if the majority of
those voting approves of them.
(2) Proposals submitted to the vote of the People and the Cantons are
accepted if the majority of those voting and the majority of the Cantons
approve of them.
(3) The result of the popular vote in the Canton counts as 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.
Chapter 1 General Provisions
Article 143 Eligibility
Every citizen entitled to vote is eligible into the House of Representatives
[Nationalrat], into Federal Government [Bundesrat] and into Federal Court
[Bundesgericht].
Article 144 Incompatibilities
(1) Members of the House of Representatives [Nationalrat], of the Senate
[Stof the Federal Government [Bundesrat] may not at the same time be members
of another of these authorities.
(2) Members of the Federal Government [Bundesrat] and full-time judges of the
Federal Court [Bundesgericht] may not hold another office of the Federation
or a Canton, nor may they exercise another gainful activity.
(3) The Law may provide for other incompatibilities.
Article 145 Term of Office
Members of the House of Representatives [Nationalrat], the Federal Government
[Bundesrat] and the Chancellor of the Federation [Bundeskanzlerin oder
Bundeskanzler] are elected for a term of four years. For judges of the
Federal Court [Bundesgericht] term of office amounts to six years.
Article 146 Answerability of the State
The Federation is 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 are heard in
the course of the preparation of important decrees and other projects of
substantial impact, and on important international treaties.
Chapter 2 Federal Parliament
Section 1 Organisation
Article 148 Status
(1) The Federal Parliament exercises the highest authority in the Federation
under reservation of the rights of people and Cantons.
(2) The Federal Parliament consists of two chambers, the House of
Representatives [Nationalrat] and the Senate [Stboth chambers are coequal.
Article 149 Composition and Election of the House of
Representatives
(1) The House of Representatives [Nationalrat] is composed of 200
representatives of the People.
(2) The representatives are elected directly by the People according to the
system of proportional representation. Every four years a full renewal is
proceeding.
(3) Each Canton forms an election district.
(4) The seats are allocated among the Cantons in proportion to their
population. Each Canton has at least one seat.
Article 150 Composition and Election of the Senate
(1) The Senate consists of 46 delegates of the Cantons.
(2) The Cantons of Obwald, Nidwald, Basel-City, Basel-Land, Appenzell
Outer-Rhodes and Appenzell Inner-Rhodes elect one delegate each, the other
Cantons elect two delegates.
(3) The election into the Senate is regulated by the Canton.
Article 151 Session Periods
(1) The Congress [die Rmeets regularly for sessions. The law regulates the
calling of sessions.
(2) One fourth of the members of a Chamber or the Federal Government
[Bundesrat] may request the calling of the chambers to an extraordinary
session period.
Article 152 Presidency
Each Chamber elects from its midst for a term of one year a President as well
as the first VicePresident, and the second VicePresident. The re-election for
the following year is excluded.
Article 153 Parliamentary Commissions
(1) Each Chamber appoints commissions from its midst.
(2) The law may provide for joint commissions.
(3) The law may delegate certain powers that are not of legislative nature to
commissions.
(4) For the fulfilment of their tasks, the commissions are entitled to the
right of information, to the right of consulting documents and to conduct
inquiries. Their extent is regulated by law.
Article 154 Parliamentary Groups
The members of the Federal Parliament may form parliamentary groups.
Article 155 Parliamentary Services
The Federal Parliament has parliamentary services. It may call upon the
services of the Federal Administration. The law regulates the details.
Section 2 Procedure
Article 156 Separate Deliberation
(1) The House of Representatives [Nationalrat] and the Senate deliberate
separately.
(2) Decisions of the Federal Parliament require the approval of both
Chambers.
(3) The law establishes provisions to guarantee that decisions are possible
in spite of dissension of the chambers regarding:
a. the validity or partial validity of popular initiative;
[b. the implementation of a general popular initiative
adopted by the People;
c. the implementation of a proposal by the Federal
Parliament to amend the Federal Constitution that has been approved by the
People;]
d. the budget proposal or amendment.
Article 157 Joint Deliberation
(1) The House of Representatives [Nationalrat] and the Senate [Stdeliberate
in common as the Federal Parliament in Joint Session under the chairmanship
of the President of the House of Representatives [Nationalrat] in order to:
a. hold elections;
b. rule on conflicts of competencies between the highest federal authorities;
c. to rule on petitions for pardon.
(2) The Federal Parliament in Joint Session assembles for special occasions,
and to hear declarations of the Federal Government [Bundesrat].
Article 158 Meetings to be Public
The meetings of the Chambers are public. The law may provide for exceptions.
Article 159 Quorum and Majority
(1) The Chambers may deliberate validly if the majority of its members are
present.
(2) In both Chambers and in the Federal Parliament in Joint session decisions
are taken by the majority of those voting.
(3) The approval of the majority of the members of each chamber is however
required for:
a. the declaration of urgency of Federal Statutes;
b. provision granting subsidies as well as obligation credits and payment
frameworks, which cause new unique expenditures of more as 20 million Swiss
Francs or new recurring expenditures of more than 2 million of Swiss Francs;
c. the increase of total expenditure in the case of extraordinary financial
need according to Article 126 (3).
(4) The Federal Parliament may adjust the amounts according to Paragraph (3)
b. to inflation by ordinance.
Article 160 Right to Initiatives and Motions
(1) Every member of the Federal Parliament, every parliamentary group, every
parliamentary commission, and every Canton, has the right to submit
initiatives to the Federal Parliament.
(2) The members of the Federal Parliament and of the Federal Government have
the right to introduce motions concerning an affair under deliberation.
Article 161 Prohibition of Instructed Mandates
(1) The members of the Federal Parliament vote without instructions.
(2) They reveal their links with interest groups.
Article 162 Immunity
(1) The members of the Federal Parliament and the Federal Government as well
as the Federal Chancellor may not be held legally responsible for heir
statements in the Chambers and before their organs.
(2) The law 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 enacts legislative provisions in the form of a
Federal Statute or ordinance.
(2) The other acts are issued in the form of a federal decree; a federal
decree not subjected to referendum is named a simple federal decree.
Article 164 Legislation
(1) All important legislative provisions have to be enacted in the Form of
Federal Statutes. These include particularly the fundamental provisions on:
a. the exercise of political rights;
b. the restriction 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 Federation;
f. the obligations of the Cantons when implementing and executing federal
law;
g. the organization and the procedure of federal authorities.
(2) Legislation powers may be delegated by Federal Statute insofar it is not
excluded by the Federal Constitution.
Article 165 Urgent Legislation
(1) A Federal Statute who's coming into force tolerates no delay, may be
declared urgent by the majority of each Chamber and punt into force
immediately. It has to be limited in time.
(2) If a referendum is demanded against an urgent Federal Statute, it ceases
to apply one year after its adoption by the Federal Parliament, unless it is
approved by the People within that period.
(3) An urgent declared Federal Statute with no constitutional basis ceases to
apply one year after its adoption by the Federal Parliament, unless it is
adopted within that period by the People and the Cantons. It has to be
limited in time.
(4) An urgent declared Federal Statute that was not adopted in votation may
not be renewed.
Article 166 Foreign Relations and International
Treaties
(1) The Federal Parliament participates in shaping foreign policy, and
supervises foreign relations.
(2) The Federal Parliament approves international treaties, provided the
treaties for which conclusion, by law or international treaty, the Federal
Government is responsible.
Article 167 Finances
The Federal Parliament decides on federal spending, adopts the estimated
budget, and approves the budget review.
Article 168 Elections
(1) The Federal Parliament elects the members of the Federal Government
[Bundesrat], the Federal Chancellor [Bundeskanzlerin/Bundeskanzler], the
judges of the Federal Court [Bundesgericht], and the General.
(2) The law may empower the Federal Parliament to carry out further elections
or to confirm appointments.
Article 169 High Supervision
(1) The Federal Parliament exercises the high supervision over the Federal
Government, the Federal Administration, the Federal Courts and the other
organs entrusted with tasks of the Federation.
(2) To the delegations of supervisory commissions as provided by law, no
official secrecy may be opposed.
Article 170 Evaluation of Efficacy
The Federal Parliament provides for the fact, that the measures of the
Federation are reviewed for their effectiveness.
Article 171 Mandates to the Federal Government
The Federal Parliament may confer mandates to the Federal Government
[Bundesrat]. The law regulates the details, particularly the instruments,
with which the Federal Parliament may affect the scope of competencies of the
Federal Government [Bundesrat].
Article 172 Relations between the Federation and the
Cantons
(1) The Federal Parliament maintains the relations between the Federation and
the Cantons.
(2) The Federal Parliament guarantees the cantonal constitutions.
(3) The Federal Parliament approves intercantonal treaties and treaties
between Cantons and foreign countries, if the Federal Government or a Canton
raises an objection.
Article 173 Further Tasks and Powers
(1) The Federal Parliament has further the following tasks and powers:
a. It takes measures to safeguard the external security, the independence,
and the neutrality of Switzerland;
b. It takes measures to safeguard the inner security;
c. If extraordinary circumstances so require, it may issue ordinances or
simple federal decrees to fulfill the tasks according to the letters a and b;
d. It orders active military service, it mobilizes all or part of the army
for it;
e. It takes measures to enforce federal Statute;
f. It decides on the validity of popular initiatives meeting the formal
requirements;
g. It cooperates in important planning of state activities;
h. It decides on individual acts, insofar a Federal Statute so provides
expressly;
i. It decides jurisdictional disputes between the highest federal
authorities;
j. It decides on petitions for pardon and declares amnesties.
(2) The Federal Parliament deals moreover with affairs, which fall into the
competencies of the Federation and are assigned to no other authority.
(3) The Law may assign further tasks 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 Federation.
Article 175 Composition and Election
(1) The Federal Government [Bundesrat] consists of seven members.
(2) The members of the Federal Government [Bundesrat] will be elected by the
Federal Parliament after each full renewal of the House of Representatives
[Nationalrat].
(3) They are elected among all Swiss citizens eligible to the House of
Representatives [Nationalrat] for a term of four years.
(4) Thereby consideration has to be given to the adequate representation of
regions and languages.
Article 176 Presidency
(1) The President of the Federation [Bundesprchairs the Federal Government
[Bundesrat].
(2) The President of the Federation [Bundesprand the Vice-President of the
Federal Government [Bundesrat] will be elected by the Federal Parliament from
the members of the Federal Government [Bundesrat] for the term of one year.
(3) The re-election for the following year is impossible. The President of
the Federation [Bundespris not eligible to be Vice-President for the
following year.
Article 177 Principle of Collective Authority and
Division into Departments
(1) The Federal Government [Bundesrat] takes its decisions as a collective
body.
(2) For the preparation and the execution, the affairs of the Federal
Government [Bundesrat] are distributed among its members according to
Departments.
(3) The Departments or the administrative units subordinated to them are
entrusted with affairs to be settled directly, thereby legal protection has
to be guaranteed.
Article 178 Federal Administration
(1) The Federal Government [Bundesrat] directs the Federal Administration. It
provides for an effective organization and goal-oriented fulfillment of the
tasks.
(2) The Federal Administration is divided into Departments; each Department
is directed by one member of the Federal Government [Bundesrat].
(3) The law may delegate administrative tasks to organizations and persons of
public or private law outside the Federal Administration.
Article 179 Federal Chancery
The Federal Chancery [Bundeskanzlei] is the general staff unit of the Federal
Government. It is directed by a Federal Chancelor
[Bundeskanzlerin/Bundeskanzler].
Section 2
Powers
Article 180 Government Policy
(1) The Federal Government [Bundesrat] determines the goals and the means of
its government policy. It plans and coordinates the activities of the state.
(2) The Federal Government [Bundesrat] informs the public timely and fully of
its activity, unless predominant public or private interests oppose to this.
Article 181 Initiative
The Federal Government [Bundesrat] submits to the Federal Parliament drafts
of its legislation.
Article 182 Legislation and Implementation
(1) The Federal Government [Bundesrat] issues legislative provisions in the
form of ordinances; insofar it is empowered by the constitution or law to it.
(2) The Federal Government [Bundesrat] provides for the enforcement of
legislation, of decrees of the Federal Parliament, and of judgments of
judiciary authorities of the Federation.
Article 183 Finances
(1) The Federal Government [Bundesrat] elaborates the financing plan, drafts
the estimated budget and establishes the federal accounts.
(2) The Federal Government [Bundesrat] provides for orderly financial
management.
Article 184 Foreign Relations
(1) The Federal Government [Bundesrat] procures the foreign affairs
safeguarding the participation rights of the Federal Parliament; it
represents Switzerland abroad.
(2) The Federal Government [Bundesrat] signs treaties and ratifies them. It
submits them to the Federal Parliament for approval.
(3) When the safeguard of the interests of the country so require, the
Federal Government [Bundesrat] may issue ordinances and orders. Ordinances
have to be limited in time.
Article 185 External and Inner Security
(1) The Federal Government [Bundesrat] takes measures to safeguard the
external security, the independence, and the neutrality of Switzerland.
(2) The Federal Government [Bundesrat] takes measures to safeguard the inner
security.
(3) The Federal Government [Bundesrat] may, directly based on this article,
issue ordinances and orders to meet existing or imminent great disturbance of
the public order, the external or the inner security. Such ordinances have to
be limited in time.
(4) In urgent cases, the Federal Government [Bundesrat] may mobilize troops.
If it mobilizes more than 4000 members of the armed forces for active duty,
or if the this mission is expected to last more than three weeks, the Federal
Parliament has to be convened immediately.
Article 186 Relations between the Federation and the
Cantons
(1) The Federal Government [Bundesrat] maintains the relations between the
Federation and the Cantons, and collaborates with the Cantons.
(2) The Federal Government [Bundesrat] approves cantonal legislation where
the implementation of federal law requires so.
(3) The Federal Government [Bundesrat] may raise objections against treaties
among the Cantons, or between Cantons and foreign countries.
(4) The Federal Government [Bundesrat] provides for the adherence of federal
law, cantonal constitutions and treaties of the Cantons, and takes the
necessary measures.
Article 187 Further Tasks and Powers
(1) The Federal Government [Bundesrat] has further the following tasks and
powers:
It supervises the Federal Administration and other organs entrusted with
tasks of the Federation;
It reports regularly to the Federal Parliament of its activity and on the
state of the county;
It carries out appointments that are not entitled to another authority;
It decides on remedies, insofar the law so provides.
(2) The law may attribute further tasks and powers to the Federal Government
[Bundesrat].
Article 188 Position of the Federal Court
[Bundesgericht]
(1) The Federal Court [Bundesgericht] is the highest federal judicial
authority.
(2) The law defines organization and procedure.
(3) The Federal Court [Bundesgericht] appoints its administration.
(4) In electing the justices of the Federal Court [Bundesgericht], the
Federal Parliament [Bundesversammlung] considers the representation of the
official languages.
[(3) The Court administers itself.
(4) { abolished }]
Article 189 Constitutional Jurisdiction
(1) The Federal Court [Bundesgericht] has jurisdiction over:
appeals regarding the violation of constitutional rights;
appeals regarding the violation of local autonomy and of other guarantees by
the Cantons on behalf of public law entities;
appeals regarding the violation of international or intercantonal treaties;
disputes concerning public law between the Federation and the Cantons or
between Cantons.
[(1bis) The Court adjudicates complaints concerning the violation, by the
Federal Parliament, of content or purpose of a general popular initiative.]
(2) The Law may assign specific cases to other federal institutions.
[Article 189 Jurisdiction of the Federal Court [Bundesgericht]
(1) The Federal Court [Bundesgericht] adjudicates disputes regarding:
a. federal law;
b. public international law;
c. intercantonal law;
d. cantonal constitutional rights;
e. local autonomy and other guarantees by the Cantons to public law
institutions;
f. federal and cantonal provisions regarding political rights.
(2) The Court adjudicates disputes between the Federation and Cantons or
between Cantons.
(3) The law may provide for additional jurisdiction of the Federal Court
[Bundesgericht].
(4) Acts by the Federal Parliament and the Federal Council cannot be disputed
in front of the Federal Court. Exceptions are determined by law.]
Article 190 Civil, Criminal, and Administrative
Jurisdiction
(1) The law appoints the jurisdiction of the Federal Court [Bundesgericht] in
matters of civil, criminal, and administrative law as well as other areas of
law.
(2) The Cantons may, with the consent of the Federal Parliament
[Bundesversammlung], assign matters of cantonal administrative law to the
jurisdiction of the Federal Court [Bundesgericht].
[Article 190 { will be replaced by Article 191 }]
Article 191 Relevant Law
Federal Statute and public international law are authoritative for the
Federal Court [Bundesgericht] and other law-applying authorities.
[Article 191 Access to the Federal Court [Bundesgericht]
(1) The law provides for access to the Federal Court [Bundesgericht].
(2) Regarding disputes that do not concern judicial questions of fundamental
importance, the law may specify a threshold value.
(3) For specific areas of law the lay may exclude access to the Federal Court
[Bundesgericht].
(4) Regarding claims that obviously lack any merit the law may specify
simplified proceedings.]
Article 191a Further Judicial Agencies of the
Federation
(1) The Federation establishes a criminal court, that adjudicates as first
instances those criminal cases assigned by law to the jurisdiction of the
Federation. The law may establish additional jurisdiction of the Federal
Criminal Court.
(2) The Federation appoints judicial authorities to adjudicate public law
disputes within the competencies of federal administration.
(3) The law may provide for further judicial authorities of the Federation.
[Article 191b Judicial Agencies of the Cantons
(1) The cantons establish judicial agencies to adjudicate civil and public
law matters as well as criminal matters.
(2) They may establish common judicial agencies.]
[Article 191c Judicial Independence
The judicial agencies are independent and only subject to the law in their
adjudicative activity.]
Chapter 1 Revision
Article 192 General Principle
(1) Where the Federal Constitution and implementing legislation do not
provide otherwise, the revision follows the legislative process.
(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 form the People or if the Chambers disagree,
the People decide on the execution of the total revision.
(3) If the People approve a total revision, both Chambers will 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) The partial revision has to preserve the principle of unity of the
subject matter, and may not violate the mandatory provision of international
public law.
(3) The popular initiative for partial revision has, moreover, to preserve
the principle of unity of form.
Article 195 Entry into Force
The Constitution revised in total or in part enters into force by the time it
is accepted by the People and the Cantons.
Chapter
2 Transitory Provisions
Article 196 Transitory Provisions According to the
Federal Act of 18 Dec 1998 Regarding a
New Federal Constitution
1. Transitory Provision to Art. 84 (Transalpine Traffic)
The transfer of freight transit traffic from road to rail has to 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 Federation levies an annual charge, for the use of roads open to
general traffic, on each domestic and foreign motor vehicle and trailer
having a total weight of over 3.5 tons.
(2) The charge amounts:
a. for trucks and articulated vehicles
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
over 3,5 up to 8t: CHF 650
over 8 up to 10t: CHF 1500
over 10t: CHF 2000
c. for busses: 650 CHF
(3) The charge rates may be adjusted in the form of a Federal Statute;
insofar as it is justified by the cost of road traffic.
(4) The Federal Government [Bundesrat] may, moreover, adapt the tariff
categories applying to above 12 tons listed in paragraph (2) to possible
modifications of weight categories by means of an ordinance in the road
traffic statute of 19. December 1958.
(5) The Federal Government [Bundesrat] establishes for vehicles not being on
the road in Switzerland during the whole year, suitable gradual rates; it
considers the costs of collecting the charge.
(6) The Federal Government [Bundesrat] regulates the execution. It may
establish the rates in the terms of paragraph (2) for special categories of
vehicles, exempt certain vehicles from the charge and establish special
regulations, particularly for travels in border areas. Thereby no vehicles
registered abroad may be treated more favourably than Swiss vehicles. The
Federal Government [Bundesrat] may provide for fines in cases of infractions.
The Cantons collect the charges on vehicles registered in Switzerland.
(7) In the legislative process may be wholly or partly abstained from this
charge.
(8) This provision applies until the coming into force of the Statute on
heavy traffic duty related to motor power or consumption of December 19,
1997.
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) The Federal Government may in order to finance the Major Railroad
Projects:
use the full yield of the global heavy traffic charge set out in Art. 196,
cipher 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 raise the rates at most by hundred percent;
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;
use funds yielded by the tax on mineral fuels set out in Art. 86, cipher 3,
letter b to cover 25 percent of the total costs for the basic lines of the
New Alpine Crossing;
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;
raise all value added tax rates (including surtax) set out in Article 196,
cipher 14 and Article 130 by 1 percent points;
provide for additional financing from private sources or international
organizations.
(3) The financing of the Major Railroad Projects according to paragraph 1 is
made by a legally independent fund with own accounts. The proceeds from the
tolls and taxes set out in paragraph 2 will be credited to the financial accounts
of the Federation, and deposited into the fund the same year. The Federation
may grant advances. The Federal Parliament issues the regulations for the
fund by means of an ordinance.
(4) The four Major Railroad Projects according to paragraph 1 will be adopted
by means of Federal Statutes. For each major project as a whole, its
necessity and status of planning have to be established. For the New Apline
Crossing (NEAT) project, the various construction phases constitute
components in the Federal Law. The Federal Parliament authorizes the
necessary funds with credit lines. The Federal Government approves the
construction stages and determines the timetable.
(5) This provision applies up to the completion of the construction and the
financing (refunding of advances) of the Major Railroad Projects mentioned in
paragraph 1.
4. Transitory Provision to Art. 90 (Nuclear Energy)
Until September 23, 2000, no general, building, initiation or operating
permits will 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 are obligated to mutually
recognize their education or training certificates.
6. Transitory Provision to Art. 102 (Approvisionment of the Country)
(1) The Federation ensures the provision of the country with bread grain and
baking flour.
(2) This transitory provision remains in force until December 31, 2003 at the
latest.
7. Transitory Provision to Art. 103 (Structural Policy)
The Canons may, for no more than ten years from the entry into force of the
Constitution, maintain existing regulations which in order to secure the
existence of important parts of a particular sector of the hotel and
restaurant industry make the opening of new businesses dependant on the need.
8. Transitory Provision to Art. 106 (Gambling)
(1) Article 106 enters into force with the entry into force of new Federal
Statute on gambling and casinos.
(2) Until that date, the following provisions apply:
The establishment and operation of casinos is prohibited;
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;
On the limitations mandated by public interest, the Federal Government will
issue an ordinance. The stake may be no more than CHF 5.--;
Each cantonal gambling license is subject to the approval of the Federal
Government;
One fourth of the gross proceeds of the gambling operations have to be
credited to the Federation, which ought to use this part, without regard to
its own services, for the benefit of victims of natural disasters, and for
institutions of public assistance;
The Federation 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 regulates the modalities.
(2) Swiss National Day will not be included in the number of holiday
established in Art. 18, paragraph 2 of the Labor Statute of March 13, 1964.
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 Federation grants the Cantons subsidies
for the financing of supplementary benefits.
11. Transitory Provision to Art. 113 (Employment Pension Plans)
Insured persons who belong to the first generation of pension plans and
therefore did not contribute for the full time, are to receive according to
their income, within 10 to 20 years after the entry into force of the
Statute, the minimum level of protection.
12. Transitory Provision to Art. 126 (Financial Order)
(1) The deficit in the financial accounts of the Federation is to 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 has to be
reduced to at most 2 percent of the revenues.
(3) If the economic situation so requires, the majority of the members of
Congress (die Rmay extend by an ordinance the deadlines according to
paragraph 2 at most by two years altogether.
(4) The Federal Parliament and the Federal Government [Bundesrat] consider
the guidelines of paragraph 2 when establishing the estimated budget and the
long-term financing plan, and when deliberating on all proposals having
financial consequences.
(5) The Federal Government [Bundesrat] uses all saving opportunities when
implementing the budget. Therefore it may freeze credits and credit lines
already authorized. Legal claims and subsidies promised in individual cases
according to law are reserved.
(6) If the guidelines according to paragraph 2 are missed, the Federal
Government [Bundesrat] determines which amount has to be additionally saved.
For this purpose:
it decides on additional savings within its competencies;
it proposes to the Federal Parliament amendments of statutes leading to
additional savings.
(7) The Federal Government [Bundesrat] establishes the total sum of the
additional savings in such a way that the guidelines may be achieved with a
delay of no more than two years. The savings are to be made both on subsidies
to third parties and in the field of the Federation itself.
(8) The federal Congress (die Rdecides on the motions of the Federal
Government in the same session, and puts the decree into force following the
procedure of Art. 165 of the Constitution; they are bound to the amount stated
in the saving plan established by the Federal Government according to
paragraph 6.
(9) If the deficit in a later yearly account again exceeds 2 percent of the
proceeds, it is to be reduced in the following yearly account to this
objective. If the economic situation so requires, the Federal Parliament may,
by way of an ordinance, extend the period by no more than two years. For the
rest the procedure follows paragraphs 4 to 8.
(10) This provision remains in effect until it is 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 enters into force, the implementing
provisions will be established by the Federal Government (Bundesrat). For the
implementing provisions, the following principles apply:
a. The following are taxable:
The supply of goods and services that a business provides against payment
within Switzerland (including own use);
The Import of goods.
b. The following are exempt from tax, without claim 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 dept;
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 statutory fixed contribution;
11. Supply of official Swiss postage stamps used as such.
To safeguard neutrality in regard to competition or to simplify the
collection of tax, voluntary taxation of the transactions listed above may be
permitted with a right to deduct the tax in advance.
c. Freed of tax are, with a right to deduct previous tax, the following:
The export of goods, and services rendered abroad;
Services in connection with the export or transit of goods.
d. Exempt of tax duty on transactions within Switzerland are the following:
Businesses with a total annual taxable turnover of no more than 75'000
francs;
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;
Farmers, foresters, and gardeners who supply exclusively productions from
their own business, and cattle dealers;
Painters and sculptors with respect to works of art created by them
personally.
To safeguard neutrality in regard to competition or to simplify the
collection of tax, voluntary taxation on transactions, with a right to deduct
the tax in advance, may be permitted.
e. The tax amounts to:
1. 2.0 percent on shipments and importation on the following goods which the
Federal Government may define in greater detail:
- piped water,
- food and beverages, exempt are alcoholic beverages,
- cattle, 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 will be calculated on the payment, or, if there is no such
payment, and in the case of imports, on the value of the goods or services
received.
g. The tax owes:
The Taxpayers who generate taxable turnover;
Receiver of services originating abroad, provided that their total cost
exceeds 10'000 francs per year;
Persons liable to pay customs duty or to make a customs declaration, who
import goods.
h. The taxpayer owes the tax on his taxable turnover; if the taxpayers 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:
the tax passed on to the taxpayer by other taxpayers, and
the tax paid on the importation of goods or on the acquisition of services
from abroad;
2.0 percent of the price on natural products purchased from businesses not
subject to tax in accordance with letter d, cipher 3.
For non-commercial expenditures there is no right to deduct previous tax.
i. On tax and deduction for previous tax will, in general, be accounted for
every quarter.
k. For turnover taxation in the case of gold coins and refined gold, and of
goods that are already subject to special fiscal charges deviating provisions
may be issued.
l. Simplifications may be arranged if they neither alter tax revenues nor
affect competition in substantial extent, nor create excessive tax accounting
difficulties for other tax payers.
m. Tax evasion and tax endangerment will be punished in analogy with 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 law on administrative criminal law of March 22, 1974
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 will be used to reduce the health
insurance premiums to the benefit of persons in lower income strata. The
Federal Parliament decides how this dedicated part to special purpose of the
value added tax will be used after the expiry of this period.
(3) For defined tourist services in Switzerland, the Federation may set a
lower rate of the value added tax by law, provided that the services are
largely used by foreigners and the competitive situation so requires.
(4) The authority to levy value added tax is limited until the end of 2006.
15. Transitory Provision to Art. 131 (Beer Tax)
The beer tax will, until the adoption of a Federal Law, be levied according
to the law presently in force.
16. Transitory Provision to Art. 132 (Cantonal Share of Withholding Tax)
Until the rearrangement of the financial equalization among the Cantons the
share of the yield of the withholding tax amounts 12 percent. If the tax rate
for the withholding tax exceeds 30 percents, the share of the Cantons is 10
percent.
Article 197 Transitory Provisions Following the
Adoption of the Federal Constitution of 18 April 1999
1. Membership of Switzerland in the UNO
(1) Switzerland becomes a member of the United Nations.
(2) The Federal Council [Bundesrat] is authorized to submit to the General
Secretary of the United Nations Organization (UNO) a membership application
by Switzerland for this organization and a declaration about the fulfillment
of all obligations under the UN-Charta.
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