[Preamble]
In the Name of Almighty God, the Swiss Confederation,
with the intent of strengthening the alliance of the Confederates and of
maintaining and furthering the unity, strength and honor of the Swiss
nation, has adopted the following Federal Constitution:
Chapter I General Provisions
Article 1 [Cantons]
Together, the peoples of the 23 sovereign Cantons of
Switzerland united by the present alliance, to wit: Zurich, Berne,
Lucerne, Uri, Schwyz, Unterwalden (Upper and Lower), Glarus, Zug,
Fribourg, Soleure, Basle (City and Rural), Schaffhausen, Appenzell (both
Rhodes), St. Gall, Grisons, Aargau, Thurgau, Ticino, Vaud, Valais,
Neuchatel, Geneva and Jura, form the Swiss Confederation.
Article 2 [Goals]
The aim of the Confederation is to preserve the outward
independence of the fatherland, to maintain internal peace and order, to
protect the freedom and the rights of the confederates and to promote
their common prosperity.
Article 3 [Cantonal Sovereignty]
The Cantons are sovereign insofar as their sovereignty
is not limited by the Federal Constitution and, as such, exercise all
rights which are not entrusted to the federal power.
Article 4 [Equality]
(1) All Swiss citizens are equal before the law. In
Switzerland there shall be no subjects, nor privileges of place, birth,
person or family.
(2) Men and women have equal rights. The law shall
provide for their equal treatment, especially as regards family,
education and work. Men and women are entitled to equal pay for equal
work.
Article 5 [Guarantees]
The Confederation shall guarantee the Cantons their
territory, their sovereignty within the limits set forth in Article 3,
their constitutions, the freedom and the rights of the people, the
constitutional rights of the citizens as well as the rights and
prerogatives conferred upon the authorities by the people.
Article 6 [Cantonal Constitutions]
(1) The Cantons are bound to request the Confederation
to guarantee their constitutions.
(2) This guarantee shall be afforded provided
a) these constitutions contain nothing inconsistent with
the Federal Constitution;
b) they ensure the exercise of political rights
according
to republican (representative or democratic) forms.
Article 7 [Treaties between Cantons]
(1) All separate alliances and all treaties of a
political nature between Cantons are prohibited.
(2) The Cantons may, however, conclude agreements among
themselves concerning matters of legislation, justice and
administration, provided they bring such agreements to the notice of the
federal authority, which is entitled to prevent the execution of the
agreements if they contain anything contrary to the Confederation or to
the rights of other Cantons. If this is not the case, the contracting
Cantons may request the cooperation of the federal authorities for the
execution of such agreements.
Article 8 [War and Foreign Affairs]
The Confederation alone has the right to declare war and
to make peace, as well as to conclude alliances and treaties, especially
customs and commercial treaties, with foreign states.
Article 9 [Cantonal Treaties]
Exceptionally, the Cantons retain the right to conclude
treaties with foreign states concerning matters of public economy,
neighborly relations and police provided such treaties contain nothing
contrary to the Confederation or to the rights of other Cantons.
Article 10 [Cantonal Foreign Affairs]
(1) All official intercourse between the Cantons and
foreign governments or their representatives shall take place through
the agency of the Federal Council.
(2) The Cantons may, however, correspond directly with
subordinate authorities and officials of a foreign state with respect to
the matters mentioned in Article 9.
Article 11 [Military Capitulations]
No military capitulations may be concluded.
Article 12 [Duties of State Officials]
(1) Members of the federal authorities, federal, civil
and military officials and federal representatives or commissioners, as
well as members of cantonal governments or legislative assemblies, may
not accept pensions, allowances, titles, gifts or decorations from
foreign governments. Any infringement of this prohibition shall entail
the loss of mandate or office.
(2) Whoever is in possession of such a pension, title or
decoration may not be elected or appointed member of a federal
authority, civil or military official of the Confederation, federal
representative or commissioner or member of a cantonal government or
legislative assembly unless before assuming the mandate or office he
expressly renounces the benefit of the pension or title or has returned
the decoration.
(3) In the Swiss Army, no decorations may be worn and no
titles conferred by foreign governments may be assumed.
(4) All officers, non-commissioned officers and soldiers
are forbidden to accept such distinctions.
Article 13 [Standing Army]
(1) The Confederation may not maintain a standing army.
(2) Without the consent of the federal authorities, no
Canton or Half-Canton may maintain a standing armed force of more than
300 men, not including Police forces.
Article 14 [Military Disputes between Cantons]
In the event of disputes arising among them, the Cantons
are bound to refrain from taking any independent action and from arming.
They shall submit to the settlement of such disputes as decided in
accordance with federal regulations.
Article 15 [Military Assistance between Cantons]
In the event of a Canton being suddenly threatened from
without, its government shall seek the assistance of other Cantons while
simultaneously informing the federal authority, this being done without
prejudice as to the measures that authority may decide. The Cantons
called upon are bound to give their assistance. The Confederation shall
bear the costs.
Article 16 [Federal Military Intervention]
(1) In the case of internal troubles or when danger
threatens from another Canton, the government of the threatened Canton
must immediately inform the Federal Council in order to enable it to
take appropriate measures within the limits of its competence (Article
102 (3), (10) and (11)) or to summon the Federal Assembly. In urgent
cases, while immediately informing the Federal Council, the government
is entitled to seek help from other Cantons, which are bound to provide
it.
(2) Whenever the cantonal government is unable to summon
help, the competent federal authority may intervene without being called
upon; this authority is bound to do so whenever the security of
Switzerland is at stake.
(3) In the event of a federal intervention, the federal
authorities shall ensure that the provisions of Article 5 are observed.
(4) The costs shall be borne by the Canton requesting or
giving cause for a federal intervention, unless the Federal Assembly
should decide otherwise in view of special circumstances.
Article 17 [Military Passage]
In the cases mentioned in Articles 15 and 16, every
Canton is bound to afford free passage to armed forces. These shall
immediately be placed under federal command.
Article 18 [Military Service]
(1) Every Swiss is under the obligation to perform
military service.
(2) Members of the armed forces who in the course of
their federal military service lose their life or suffer permanent
injury to their health shall be entitled to relief from the
Confederation for themselves or for their families, should they be in
need.
(3) All members of the armed forces shall be given their
first arms, equipment and clothing free of charge. The soldiers shall
keep their personal arms under the conditions federal legislation shall
determine.
(4) The privilege tax on exemption from military service
shall be levied by the Cantons for the account of the Confederation,
according to the provisions of federal legislation.
Article 19 [Federal Army]
(1) The federal army consists of:
a) the troops of the Cantons;
b) all Swiss who, though not belonging to those troops,
are nevertheless subject to military service.
(2) The right to dispose of the army as well as of the
war materials provided for it by law rests with the Confederation.
(3) In time of danger, the Confederation also has the
right to dispose directly and exclusively of all men not incorporated
into the federal army as well as of all other military resources of the
Cantons.
Article 20 [Military Affairs]
(1) Legislation on military organization is a federal
concern. The execution of such legislation within the Cantons shall be
ensured by the cantonal authorities within the limits to be laid down by
federal legislation and under the supervision of the Confederation.
(2) All military training is a federal concern; the same
applies to armament.
(3) The supply and maintenance of clothing and equipment
remains a cantonal concern; however, the expenses resulting therefrom
shall be reimbursed to the Cantons by the Confederation according to
regulations to be laid down by federal legislation.
Article 21 [Composition of Military Units]
(1) Insofar as there are no objections to this for
military reasons, the military units shall be made up of men coming from
the same Canton.
(2) The composition of such units, the responsibility
for maintaining their effective strength and the appointment and
promotion of their officers are cantonal concerns subject to such
general regulations as the Confederation shall lay down.
Article 22 [Military Ground]
(1) The Confederation has the right to take over,
against fair compensation, the use or the ownership of military training
grounds and buildings destined to military purposes which already exist
in the Cantons.
(2) The regulations governing such compensation shall be
laid down by federal legislation.
Article 22bis [Civil Defence]
(1) Legislation on civil defence of persons and property
against the consequences of acts of war is a federal concern.
(2) The Cantons shall be consulted during the drafting
of executory legislation. They shall be entrusted with its execution
under the high supervision of the Confederation.
(3) The contributions of the Confederation towards the
cost of civil defence shall be fixed by law.
(4) The Confederation is entitled to institute
compulsory civil defence service for men by means of a federal law.
(5) Women may engage in voluntary civil defence service;
the details of such service shall be regulated by law.
(6) Allowances, insurance and compensation for loss of
earnings for persons performing civil defence service shall be regulated
by law.
(7) A law shall regulate the use of civil defence
organizations in emergencies.
Article 22ter [Property Rights]
(1) The right of ownership is guaranteed.
(2) To the extent allowed by their constitutional
powers, the Confederation and the Cantons can, by legislation and for
reasons of public interest, make provision for expropriation and
restrictions on ownership.
(3) In cases of expropriation and restriction of
ownership equivalent to expropriation, fair compensation shall be paid.
Article 22quater [Zoning Plans]
(1) The Confederation shall decree by legislation
principles applicable to zoning plans to be drawn up by the Cantons for
the purpose of ensuring the judicious use of ground and rational land
occupation.
(2) It shall encourage and coordinate the efforts of the
Cantons, and collaborate with them.
(3) In carrying out its functions, it shall take into
account the needs of land zoning at national, regional, and local level.
Article 23 [Public Works]
(1) The Confederation is entitled in the interest of
Switzerland, or of a considerable part of it, to order public works at
its own expense or to encourage such works by granting subsidies.
(2) For this purpose, the Confederation may, against
full compensation, make use of the right of expropriation. Detailed
provisions in this regard shall be laid down by federal legislation.
(3) The Federal Assembly may prohibit public works which
would affect the military interests of the Confederation.
Article 23bis [Bread Grain]
(1) The Confederation shall maintain such stocks of
bread grain as are necessary to ensure the country's food supply. It may
compel millers to store bread grain and to purchase it from the
Confederation's stocks in order to facilitate the latter's renewal.
(2) The Confederation shall encourage the cultivation of
bread grain within the country and promote the selection and acquisition
of high-quality home-grown seeds. It shall buy home-grown quality bread
grain suitable for milling at a price which makes its cultivation
possible. Millers can be compelled to purchase such grain at not more
than the Confederation's cost price.
(3) The Confederation shall ensure the existence of a
national milling industry while at the same time safeguarding the
interests of consumers of flour and bread. It shall supervise, within
the limits of its powers, the trade in bread grain, bread-flour and
bread as well as the prices of these commodities. The Confederation
shall take the necessary measures in order to regulate the import of
bread-flour; it may reserve to itself the exclusive right to import this
commodity. If necessary, the Confederation shall grant facilities to
millers in order to reduce their inland transport costs. It shall take
measures in order to adjust the price of flour in mountain areas.
(4) The revenue from customs duty levied on bread grain
shall serve to cover the Confederation's costs in supplying the country
with bread grain.
Article 24 [Rivers and Forests]
(1) The Confederation has the right of high supervision
over the control of river embankments and forests.
(2) It shall lend its support to works for the control
and the embanking of mountain streams as well as the reforestation of
their source areas. It shall lay down the regulations required to
maintain such works and to preserve existing forests.
Article 24bis [Water]
(1) To ensure the economical use and the protection of
water and the prevention of damage by water, the Confederation, having
regard to the total water economy, shall by legislation establish
principles in the general interest concerning:
a) the conservation and exploitation of water,
especially for the supply of drinking water and the enrichment of
underground water:
b) the use of water for energy production and for
cooling purposes;
c) the regulation of water levels and of the flow of
surface and underground water, the diversion of water outside its
natural course, irrigation and drainage and other intervention in the
water cycle.
(2) For the same purpose the Confederation shall issue
provisions on:
a) the protection of surface and underground water
against pollution and the maintenance of adequate water reserves;
b) the policing of hydraulic engineering installations,
including the correction of rivers and the safety of dams;
c) intervention to influence precipitation;
d) obtaining and evaluation of hydrological data;
e) the Confederation's right to requisition water for
its transport undertakings against payment of dues and adequate
compensation for inconvenience.
(3) Private rights reserved, the Cantons or those
entitled under cantonal legislation shall dispose of water and levy dues
for its use. The Cantons shall fix the dues within the limits laid down
by federal legislation.
(4) If the granting or exploitation of water rights
affects international relations, the Confederation shall give a decision
in consultation with the Cantons concerned. The same applies to
intercantonal relations if the Cantons concerned cannot agree. In the
case of international relations, the Confederation shall determine the
dues after granting the Cantons concerned a hearing.
(5) The execution of the federal prescriptions shall be
the responsibility of the Cantons unless this is reserved by law to the
Confederation.
(6) In the exercise of its competence the Confederation
shall bear in mind the needs and safeguard the development possibilities
of the water source reas and of the Cantons concerned.
Article 24ter [Navigation]
Legislation on navigation is a federal concern.
Article 24quater [Electrical Energy]
(1) The Confederation is empowered to issue legal
provisions concerning the transmission and distribution of electrical
energy.
(2) Energy produced by hydraulic power may only be
exported with the authorization of the Confederation.
Article 24quinquies [Atomic Energy]
(1) Legislation on atomic energy is a federal concern.
(2) The Confederation shall enact regulations on
protection against the danger resulting from ionizing rays.
Article 24sexies [Protection of Nature]
(1) The protection of nature and landscapes is a
cantonal concern.
(2) The Confederation shall, in carrying out its
obligations, preserve the characteristic aspects of landscapes and
localities, of historical sites as well as of natural and cultural
monuments, and it shall leave them untouched whenever the general
interest is predominant.
(3) The Confederation may assist efforts to protect
nature and landscapes by granting subsidies and it may acquire or
conserve nature reserves, historical sites and monuments of national
importance on a contractual basis or by means of expropriation.
(4) The Confederation is entitled to legislate on the
protection of animal and vegetable life.
(5) Moors and marshlands of special beauty and national
importance are protected objects. Installations must not be built on
them and no alterations to the land of any kind may be carried out.
Exceptions are installations which serve to maintain the purpose of
protection and the existing agricultural use.
Transitional provision: Installations,
buildings and alterations to the land which conflict with the purpose of
conservation areas and which are undertaken after 1st June, 1983,
particularly in the Rothenthurm marshlands on the territory of Cantons
Schwyz and Zug, must be demolished and reversed at the builder's
expense. The original state must be restored.
Article 24septies [Environmental Protection]
(1) The Confederation shall legislate for the protection
of man and his natural environment against harmful or annoying acts. In
particular it shall counter air pollution and noise.
(2) The carrying out of federal provisions shall fall to
the Cantons, insofar as the law does not limit this to the
Confederation.
Article 24octies [Energy Policy]
(1) The Confederation and the Cantons shall strive
within the framework of their competence for a sufficient, varied and
reliable, economical, and environment-compatible energy supply and for
an economical and rational use of energy.
(2) The Confederation shall issue principles for:
a) the use of domestic and renewable energies;
b) the economical and rational use of energy.
(3) The Confederation:
a) shall issue regulations concerning the use of energy
by installations, vehicles, and appliances;
b) shall promote the development of energy techniques,
particularly in the sphere of energy saving and renewable energies.
(4) The Confederation shall have regard in its energy
policy to the efforts of the Cantons and their communities and of the
economic sector. Account is to be taken of the differing circumstances
of the individual regions of the country and of economic acceptability.
Measures concerning the use of energy buildings shall be taken by the
Cantons.
Article 25 [Hunting and Fishing]
The Confederation is entitled to legislate on hunting
and fishing, particularly in order to preserve alpine game and to
protect birds which are useful for agriculture and forestry.
Article 25bis [Animal Protection]
(1) The Confederation shall be empowered to legislate
for the protection of animals.
(2) Federal legislation shall apply in particular to:
a) the keeping and care of animals;
b) the use of and trade in animals;
c) the transportation of animals;
d) experiments involving live animals;
e) slaughter at abattoirs and other methods of killing
animals;
f) the import of animals and products of animal origin.
(3) The carrying out of federal regulations shall be
incumbent upon the Cantons where the law does not reserve this for the
Confederation.
Article 26 [Railways]
Legislation on the construction and operation of
railways is a federal concern.
Article 26bis [Pipelines]
Legislation on pipelines for the transport of liquid or
gaseous fuels is a federal concern.
Article 27 [Educational System]
(1) The Confederation is entitled to set up, in addition
to the existing polytechnic, a federal university and other
establishments for higher education or to subsidize such institutions.
(2) The Cantons shall provide for adequate primary
education which shall be placed wholly under state control. Such
education shall be compulsory and, in public schools, free of charge.
(3) It shall be possible for the adherents of all
religious beliefs to attend public schools without being affected in any
way in their freedom of belief or conscience.
(3bis) For the period of compulsory schooling the school
year shall begin between mid August and mid September.
(4) The Confederation shall take appropriate measures
against Cantons which fail to meet these requirements.
Article 27bis {...}
Article 27ter [Cultural Activities]
(1) The Confederation is entitled to legislate by means
of laws or generally binding federal decrees:
a) in order to promote Swiss film production and
cultural activities in the field of cinematography;
b) in order to regulate the import and distribution of
films as well as the opening and transformation of establishments for
the projection of films; if necessary, the Confederation may in so doing
depart from the freedom of trade and industry, should this be justified
by general cultural or state interest.
(2) The Cantons shall be consulted prior to the
enactment of executory legislation. The same shall apply to interested
cultural and economic associations.
(3) Should the federal legislation make the opening and
transformation of establishments for the projection of films dependent
on the granting of a license, the Cantons shall be competent for the
granting of such licenses according to the procedure they shall
determine.
(4) In all other respects, legislation in the field of
cinematography and its execution shall remain within the competence of
the Cantons.
Article 27quater [Scholarships]
(1) The Confederation may grant subsidies to the Cantons
for their expenses relating to scholarships and other forms of financial
aid for education.
(2) The Confederation itself may, in order to complement
cantonal regulations, take steps or assist measures in order to further
education by means of scholarships or other forms of financial help.
(3) The autonomy of the Cantons in the field of
education shall always be upheld.
(4) Executory legislation shall take the form of federal
laws or generally binding federal decrees. The Cantons shall be
consulted beforehand.
Article 27quinquies [Physical Educations]
(1) The Confederation shall have the right to issue
directives relating to gymnastics and sporting activities for young
people. It shall have the power to compel by statute the teaching of
gymnastics and sport in schools. It will be for the Cantons to apply
federal directives in schools.
(2) The Confederation shall encourage gymnastics and
sporting activities for adults.
(3) The Confederation shall undertake the provision of a
school of gymnastics and sport.
(4) The Cantons and interested organizations shall be
consulted when implementing legislation is drafted.
Article 27sexies [Scientific Research]
(1) The Confederation shall encourage scientific
research. Its provision of finance may be conditional on coordination
being guaranteed.
(2) It can create research establishments or take over
existing establishments either entirely or in part.
Article 28 [Customs]
All matters relating to customs are a federal concern.
The Confederation has the right to levy import and export duties.
Article 29 [Customs Principles]
(1) The following principles shall govern the levying of
customs duties:
1) Import duties
a) the materials required for domestic industry and
agriculture shall be subject to the lowest possible duties;
b) the same shall apply to the necessities of life;
c) luxuries shall be subject to the highest duties.
Unless there are compelling reasons to the contrary, these principles
shall also be applied when concluding commercial treaties with foreign
states.
2) Export duty rates shall be as moderate as possible
3) The customs legislation shall contain suitable
provisions to facilitate frontier and market trade.
(2) Notwithstanding the foregoing provisions, the
Confederation may, in extraordinary circumstances, resort temporarily to
exceptional measures.
Article 30 [Customs Receipts]
(1) The receipts from the customs duties shall accrue to
the federal treasury.
(2) {...}
(3) {...}
Article 31 [Freedom of Trade and Industry]
(1) Freedom of trade and industry is guaranteed
throughout the territory of the Confederation, subject to such
limitations as are contained in the Federal Constitution and the
legislation enacted under its authority.
(2) Cantonal regulations concerning the exercise of
trade and industry and the taxes on such activities remain unaffected.
However, such regulations shall not depart from the principle of freedom
of trade and industry except where the Federal Constitution provides
otherwise. Cantonal monopolies are likewise excepted.
Article 31bis [General Welfare, Economic Security]
(1) Within the limits of its constitutional powers, the
Confederation shall take measures to promote the general welfare and the
economic security of its citizens.
(2) While promoting the general interest of the Swiss
economy, the Confederation may enact regulations on the exercise of
trade and industry and take measures in favor of specific economic
sectors or professions. In so doing, it must respect the principle of
freedom of trade and industry, subject to the provisions of Paragraph
(3).
(3) Where this is justified by general interest, the
Confederation is entitled to enact regulations departing, if necessary,
from the principle of freedom of trade and industry in order to:
a) preserve important economic sectors or professions
whose existence is threatened and to improve the skills of persons
exercising an independent activity in those sectors or professions;
b) maintain a sound peasant population, ensure
agricultural productivity and consolidate rural landownership;
c) protect regions whose economy is threatened;
d) prevent economically or socially harmful effects of
cartels and similar groupings;
e) take precautionary measures for the economic
protection of the country and also measures to ensure that the country
is supplied with vital goods and services in the event of severe
shortages which the economy itself cannot remedy.
(4) Regulations under headings a) and b) shall be
enacted only if the economic sectors or professions to be protected have
taken such measures to help themselves as can reasonably be expected of
them.
(5) Federal legislation enacted under Paragraph (3)(a)
and (b), shall promote the development of organizations based on mutual
assistance.
Article 31ter [Restaurants]
(1) The Cantons may legislate to make the running of
establishments serving food or drink depend on professional and personal
qualifications and also to subordinate the number of establishments to
the existence of a need whenever the very existence of this trade is
threatened by excessive competition. In so doing, due account shall be
taken of the importance of the various types of establishments for the
public welfare.
(2) Furthermore, the Confederation may, within the
limits or its own legislative powers, authorize the Cantons to enact
regulations on matters which do not call for federal legislation and
concerning which the Cantons themselves have no legislative powers.
Article 31quater [Banking]
(1) The Confederation is entitled to legislate on
banking.
(2) Such legislation shall take into consideration the
specific task and position of the cantonal banks.
Article 31quinquies [Economic Policy]
(1) The Confederation shall take measures to ensure
balanced economic development and, in particular, to prevent and combat
unemployment and price inflation. It shall collaborate with the Cantons
and private enterprise.
(2) In the case of measures in the monetary and banking
spheres, public finances and foreign trade, the Confederation can, if
necessary, depart from the principle of freedom of trade and industry.
It can oblige firms to form tax-privileged employment creation reserves.
After their release the firms shall freely decide how to use them within
the purpose laid down by law.
(3) When drawing up their estimates the Confederation,
the Cantons and the Communes shall take into consideration the
requirements of the economic situation. The Confederation can
temporarily levy surcharges or grant rebates on federal taxes to
stabilize the economy. The money withdrawn from circulation is to be
frozen for as long as the economic situation requires. Direct taxes
shall then be refunded individually, indirect ones shall be used for the
granting of rebates or for work creation.
(4) The Confederation shall take into consideration the
varying economic development of the individual regions of the country.
(5) The Confederation shall conduct the necessary
economic policy surveys.
Article 31sexies [Consumer Protection]
(1) The Confederation, while safeguarding the general
interests of the Swiss economy as a whole and freedom of trade and
industry, shall take measures to Protect the consumer.
(2) In the area of federal legislation on unfair
competition consumer organizations have the same rights as professional
and industrial associations.
(3) For disputes arising from contracts between end
users and suppliers the Cantons shall, in cases up to a value prescribed
by the Federal Council, provide for an arbitration procedure or a simple
and quick litigation procedure.
(4) To prevent abuses in price fixing the Confederation
shall issue regulations for monitoring the prices and price
recommendations for goods and services of enterprises and organizations
governed by public and private law, especially of cartels and
cartel-like bodies, with a dominant position in the market. Insofar as
the purpose requires it, such prices can be reduced.
Article 32 [Procedures for Economic Regulations]
(1) Provisions mentioned in Articles 31bis, 31ter (2),
31quater, and 31quinquies may only be enacted through federal laws or
federal decrees on which a popular vote can be requested. In the case of
emergencies occurring during periods of economic disturbances, Article
89bis shall remain applicable.
(2) The Cantons shall be consulted prior to the
enactment of executory legislation. As a rule, the execution of the
federal regulations shall be entrusted to them.
(3) Interested economic organizations shall be consulted
prior to the enactment of executory legislation and may be called upon
to cooperate in the application of executory regulations.
Article 32bis [Alcohol]
(1) The Confederation is entitled to legislate on the
manufacture import, refining, sale and taxation of distilled spirits.
(2) This legislation shall aim at reducing the
consumption and consequently the import and manufacture of spirits. It
shall encourage the growing of table-fruit and the use of indigenous raw
materials suitable for distillation as food or fodder. The Confederation
shall reduce the number of stills by way of agreed purchases.
(3) Concessions for industrial manufacture of distilled
spirits shall be granted to cooperative and other private enterprises.
The concessions thus granted shall facilitate the use of waste products
from the cultivation of fruit-trees, grapes and sugarbeets and of the
surplus production of fruits and potatoes to the extent that such raw
materials cannot be suitably employed otherwise.
(4) Non-commercial manufacture of distilled spirits from
fruit, fruit-waste, cider, wine, grape-skins, lees of wine, gentian
roots, and similar materials shall remain authorized in existing
domestic or circulating stills provided those materials are exclusively
indigenous and either the product of the distiller's own harvest or
grown wild. Such spirits shall be tax-free to the extent that they are
necessary for the manufacturer's household or agricultural activities.
Domestic stills continuing to operate after a period of 15 years as from
the adoption of this article shall, in order to be able to continue
their production, have to apply for a license which shall be granted to
them free of charge, subject to the conditions to be specified by law.
(5) Specialties produced from distilled stone-fruit,
wine, grape-skins, lees of wine, gentian roots and similar products
shall be subject to taxation. The producer shall, however, be enabled to
obtain a fair remuneration for the indigenous raw materials he uses.
(6) With the exception of tax-free quantities for home
consumption and specialties, the distilled spirits produced in the
country are to be delivered to the Confederation, which shall take them
over against a fair price.
(7) No taxes shall be levied on products which are
exported, in transit or denatured.
(8) The yield of taxes on sales in public establishments
and on retail trade within the limits of their territory shall remain
the due of the Cantons. Licenses for intercantonal and international
retail trade shall be granted by the Confederation; the corresponding
revenue shall be distributed amongst the Cantons in proportion to their
normal resident population.
(9) The Cantons shall receive 10 per cent of the
Confederation's net revenue from taxes on spirits, which they must spend
on combating the causes and effects of alcoholism and the abuse of
addictive and narcotic drugs and of medicaments. The funds shall be
distributed among the Cantons in proportion to their resident
populations. The Confederation must spend its share on old age,
survivors' and disability insurance.
Article 32ter [Absinthe Prohibition]
(1) The manufacture, import, transport, sale and holding
for sale of the liquor called absinthe are prohibited throughout the
Confederation. This prohibition extends to all spirits which, whatever
their designation, are an imitation of absinthe. It does not apply to
transit of absinthe nor to its use for pharmaceutical purposes.
(2) The prohibition shall enter into force two years
after its adoption. Federal legislation shall lay down the provisions
rendered necessary by the prohibition.
(3) The Confederation is entitled to decree the same
prohibition, by means of legislation, with respect to all other
beverages containing absinthe which might constitute a public danger.
Article 32quater [Innkeeping]
(1) The Cantons are entitled to enact legislation in
order to subject the practice of the innkeeping profession and the
retail trade in spirits to the restrictions required by public welfare.
Trade in quantities less than two liters is deemed to be retail trade in
the case of non-distilled spirits.
(2) The Cantons may, within the limits of Article 31
(2), and by appropriate legislation, subject the trade in non-distilled
spirits in quantities ranging from 2 to 10 liters to the granting of a
license and the payment of a modest fee as well as to supervision by the
authorities.
(3) The sale of non-distilled spirits may not be
subjected by the Cantons to the payment of special taxes apart from
licensing fees.
(4) Corporate persons may not be treated less favorably
by Cantons than individuals. Producers of wine and cider may se]l their
own production in quantities of two liters and more, without
authorization and without paying any fee.
(5) The Confederation is entitled to legislate on the
trade in non-distilled spirits in quantities of two liters and more.
Such provisions may not infringe the principle of freedom of trade and
industry.
(6) Hawking and other forms of itinerant sale of spirits
are prohibited.
Article 33 [Liberal Professions]
(1) The Cantons may require proofs of capacity from
persons who intend to exercise a liberal profession.
(2) Federal legislation shall provide the possibility
for such persons to obtain certificates of capacity valid throughout the
Confederation.
Article 34 [Child Labor, Worker Protection,
Insurance Firms]
(1) The Confederation is entitled to enact uniform
regulations on the employment of children in factories and on the
working hours of adult persons. It is likewise entitled to enact
regulations in order to protect the worker against the operation of
unhealthy and dangerous industries.
(2) The business operations of emigration agencies and
of private insurance firms are subject to the supervision and
legislation of the Confederation.
Article 34bis [Health and Accident Insurance]
(1) The Confederation shall institute, by means of
legislation, an insurance against illness and accidents, taking due
account of existing insurance funds.
(2) It may make adherence thereto compulsory for all or
for specific categories of citizens.
Article 34ter [Employee Protection]
(1) The Confederation is entitled to legislate on:
a) the protection of employees;
b) the relations between employers and employees,
particularly as regards mutually agreed regulations concerning
industrial and professional matters;
d) adequate compensation for loss of wages and earnings
due to military service;
e) employment agencies;
f) {...}
g) vocational training in the fields of industry,
crafts, commerce, agriculture, and domestic service.
(2) The generally binding effect under heading c) may
only be decreed in the field of labor relations and provided such
regulations take due account of legitimate minority interests and
regional diversities and do not affect equality before the law and
freedom of association.
(4) The provisions of Article 32 shall be applicable by
analogy.
Article 34quater [Retirement and Disability
Insurance]
(1) The Confederation shall adopt the measures necessary
to promote an adequate old age, survivors', and disability insurance
scheme. This scheme shall be provided for by a federal insurance,
professional insurance and insurance undertaken by the individual.
(2) The Confederation shall institute, by means of
legislation, compulsory insurance for old age, survivors, and the
disabled covering the entire population. This insurance shall provide
for benefits in cash and in kind. Payments shall take appropriate
account of basic needs. Maximum payments shall not exceed double the
minimum payments. Payments shall be adjusted at least to the cost of
living. The insurance schemes shall be implemented with the co-operation
of the Cantons; professional associations and other private or public
organizations may be called upon to cooperate. The insurance shall be
financed:
a) by contributions by those insured; in the case of
wage or salary-earners, half the contributions shall be the
responsibility of the employer;
b) by a contribution from the Confederation, which shall
not exceed one half of the cost, and which shall be covered in the first
instance by the net revenue from the tax and customs duty on tobacco, as
well as by tax on spirits under the provisions of Article 32bis (9);
c) if provided for in the implementing regulations, by a
contribution from the Cantons, which shall reduce accordingly the share
provided by the Confederation.
(3) In order to allow elderly people, survivors, and
disabled persons to maintain their previous standard of living in an
appropriate manner, the Confederation shall - taking into account the
provisions of the federal insurance scheme - institute the following
measures with regard to professional insurance by means of legislation:
a) it shall oblige employers to insure their personnel
with an insurance institution for business enterprises, administrations,
or associations, or with some similar institution and to assume
responsibility for at least half of the contributions;
b) it shall fix the minimum requirements which these
insurance institutions must satisfy; it shall be entitled, in order to
resolve certain special problems, to make provisions for measures
applying to the whole country;
c) it shall take steps to ensure that every employer is
able to insure personnel with an insurance institution; it shall have
power to set up a federal fund;
d) it shall take steps to ensure that all self-employed
persons have the option of insuring themselves with an institution
undertaking professional insurance under conditions equivalent to those
offered to salary- or wage-earners. Insurance can be made obligatory for
certain categories of self-employed persons generally or for covering
specific risks.
(4) The Confederation shall take steps to ensure that
the professional insurance as well as the federal insurance schemes are
able, in the long term, to develop in accordance with their aims.
(5) The Cantons can be obliged to grant tax exemptions
to institutions engaged in federal insurance or professional insurance,
as well as tax relief to those insured, and to their employers with
regard to contributions and rights to benefits.
(6) The Confederation, in collaboration with the
Cantons, shall encourage individuals to provide for their future,
notably through fiscal measures and policies which establish rights of
ownership.
(7) The Confederation shall encourage the rehabilitation
of disabled persons and support efforts made to assist elderly persons,
survivors and the disabled. It shall be entitled to use the financial
resources of the federal insurance scheme for this purpose.
Article 34quinquies [Family Protection]
(1) The Confederation shall, in the exercise of the
power conferred upon it and within the limits set by the Constitution
have due regard for the needs of the family.
(2) The Confederation is entitled to legislate in the
field of family compensation funds. It may declare adherence thereto
compulsory for all or for specific categories of citizens. It shall take
account of the existing funds, assist the efforts of the Cantons and
professional associations to set up new funds and it is entitled to
establish a central compensation fund. It may make its financial
contributions dependent on adequate participation of the Cantons.
(3) {...}
(4) The Confederation shall institute maternity
insurance by means of legislation. It may declare adhesion thereto
compulsory for all or for specific categories of citizens and it may
require persons to contribute financially who are not eligible for
insurance benefits. It may make its financial contribution dependent on
an adequate participation of the Cantons.
(5) The laws enacted pursuant to this article shall be
implemented with the cooperation of the Cantons; private and public
associations may be called upon to cooperate.
Article 34sexies [Housing Development]
(1) The Confederation shall take measures aimed at
encouraging the construction of housing, especially through a lowering
of costs, and providing the opportunity for owning a dwelling or house.
Federal legislation shall determine the conditions for giving assistance
grants.
(2) The Confederation shall have the following
particular powers:
a) to facilitate the obtaining and development of sites
for housing construction;
b) to support efforts aimed at improving housing and
environmental conditions for families, persons with limited earning
capacity, the elderly, the disabled, and persons in care;
c) to research into the housing market and into building
methods, and to encourage rationalization in building;
d) to ensure that capital is obtained for housing
construction.
(3) The Confederation is authorized to decree the
necessary legal provisions for the development of sites intended for
housing construction as well as for rationalization in building.
(4) Insofar as the nature of these measures exceeds the
powers of the Confederation alone, the Cantons shall be called on to
help carry them out.
(5) The Cantons and other interested groups shall be
consulted during the drafting of implementing legislation.
Article 34septies [Tenant Protection]
(1) The Confederation shall be empowered to issue
regulations against abuses in the renting area. It shall regulate the
protection of tenants from excessive rents and other improper demands by
landlords, the voidability of improper notice and the extension for a
limited time of tenancies.
(2) In order to encourage the conclusion of common
agreements and to prevent abuses in the field of rents and housing, the
Confederation shall be empowered to decree provisions having generally
binding effect with regard to certain obligations in basic contracts and
other measures commonly agreed between lessors and lessees, or
organizations representing similar interests. Article 34ter (2) of the
Constitution is applicable by analogy.
Article 34octies {...}
Article 34novies [Unemployment Insurance]
(1) The Confederation shall regulate unemployment
insurance by means of legislation. It is entitled to make regulations
about unemployment benefit.
(2) Unemployment insurance shall be obligatory for
employees. The law shall lay down the exceptions. The Confederation
shall ensure that self-employed persons can, on certain conditions,
insure themselves.
(3) Unemployment insurance shall guarantee adequate
compensation for loss of earnings and shall support, by means of
financial contributions, measures to prevent and combat unemployment.
(4) Unemployment insurance shall be financed by the
insured persons' contributions; if the insured persons are employees
their employers shall bear half the cost of the contributions. The law
shall limit the amount of earned income subject to contributions and the
contribution rate. The Confederation and the Cantons shall make
financial contributions in exceptional circumstances.
(5) The Cantons and economic groupings (unions,
employers' organizations, and professional organizations etc.) shall
cooperate in the making and implementation of the regulations.
Article 35 [Gambling]
(1) The opening and the running of gambling houses are
prohibited.
(2) Cantonal governments may, subject to the
restrictions required by the public welfare, permit recreational games
to the extent customary in the kursaals up to the spring of 1925,
provided that, in the opinion of the licensing authority, such games
appear necessary in order to maintain or to further the tourist trade
and that they are organized by enterprises running kursaals for that
purpose. The Cantons may also prohibit such games.
(3) An order of the Federal Council shall determine the
restrictions required by the public welfare. The stake may not exceed
five francs.
(4) All licenses granted by the Cantons are subject to
approval by the Federal council.
(5) One quarter of the gross receipts from the games
shall be paid to the Confederation, which shall contribute these sums to
relief for victims of natural disasters and to public utility works,
without taking account of its own contributions.
(6) The Confederation may also take appropriate measures
concerning lotteries.
Article 36 [Post and Telegraphs, Secrecy]
(1) Throughout Switzerland, post and telegraphs are a
federal concern.
(2) Revenue from posts and telegraphs shall accrue to
the federal treasury.
(3) In all parts of Switzerland, rates shall be fixed
according to the same principles and as fairly as possible.
(4) The inviolability of the secrecy of letters and
telegrams is guaranteed.
Article 36bis [National Highways]
(1) The Confederation shall ensure the setting up and
utilization of a network of national highways by means of legislation.
The main communication routes which present an interest for the whole of
Switzerland may be declared national highways.
(2) The Cantons shall build and maintain the national
highways according to the regulations laid down by the Confederation and
under its high supervision. The Confederation may take over the task
incumbent upon a Canton on request by the latter or if the interest of
the work so requires.
(3) Land suitable for agricultural production shall be
spared whenever possible. Disadvantages as regards the utilization and
cultivation of land which result from the building of national highways
shall be compensated by appropriate measures at the expense of the
road-building funds.
(4) The cost of building, running and maintaining
national highways shall be shared between the Confederation and the
Cantons, due account being taken of the burdens falling on the
individual Cantons as a result of the national highways as well as of
their interests and financial resources.
(5) {...}
(6) Subject to the powers of the Confederation, the
national highways remain under the sovereignty of the Cantons.
Article 36ter [National Highways Finances]
(1) The Confederation shall allocate half the net
revenue from the import duty on motor fuels and all the revenue from any
supplementary tax to the following ends connected with road traffic:
a) its share in the cost of the national highways;
b) contributions to the cost of building main highways
belonging to a network to be determined by the Federal Council in
collaboration with the Cantons and conforming to specific technical
standards;
c) contributions to the cost of removing level crossings
or of making them safe, to the promotion of combined traffic, of the
transport of accompanied motor vehicles, and of the building of station
parking facilities as well as other measures aimed at separating
traffic;
d) contributions to measures for the protection of the
environment and the landscape made necessary by motorized road traffic
and to structures for protection against the forces of nature along
roads open to motorized traffic;
e) general contributions to the cost of roads open to
motor vehicles and to financial equalization in highway matters;
f) contributions to Cantons with Alpine roads serving
international traffic and to Cantons without national highways.
(2) To the extent that the revenue from the basic tax
earmarked for the purpose is not sufficient to cover the tasks listed in
Paragraph (1) the Confederation shall levy a supplementary tax.
Article 37 [Roads and Bridges]
(1) The Confederation shall exercise high supervision
over roads and bridges in the upkeep of which it is interested.
(2) No duties may be collected for the use of roads the
purpose of which is to be open to the public. The Federal Assembly may
authorize exceptions in special cases.
Article 37bis [Vehicle Regulations]
(1) The Confederation is entitled to enact regulations
concerning automobiles and bicycles.
(2) The Cantons retain the right to limit or prohibit
the circulation of automobiles or bicycles. The Confederation may,
however, declare certain roads which are necessary for general transit
traffic totally or partially open. The use of the roads for the service
of the Confederation remains reserved.
Article 37ter [Aerial Regulations]
Legislation on aerial navigation is a federal concern.
Article 37quater [Footpath Networks]
(1) The Confederation shall lay down principles
governing footpath networks.
(2) The construction and maintenance of footpath
networks shall be a cantonal matter. The Confederation can support and
co-ordinate their activities.
(3) In the performance of its tasks the Confederation
shall have regard to footpath networks and replace paths which it has to
destroy.
(4) The Confederation and the Cantons shall collaborate
with private organizations.
Article 38 [Coinage, Monetary System]
(1) The Confederation is entitled to exercise all rights
pertaining to the state monopoly of coinage.
(2) It alone has the right to coin money.
(3) It shall determine the monetary system and, if
necessary, shall enact regulations on the rate of exchange.
Article 39 [Banknotes, Central Bank]
(1) The right to issue banknotes and other types of
paper money rests exclusively with the Confederation.
(2) The Confederation may exercise its monopoly of
issuing banknotes by means of a state bank placed under a separate
management or concede its right, subject to a right of repurchase, to a
joint stock central bank managed with the collaboration and under the
supervision of the Confederation.
(3) The main function of the bank enjoying the monopoly
of issuing banknotes shall be to regulate the circulation of money in
the country, to facilitate payment operations and to conduct within the
scope of federal legislation a credit and monetary policy beneficial to
the general interest of Switzerland.
(4) At least two thirds of the net profits of the bank
after deduction of a reasonable interest or of reasonable dividends on
the initial capital or the shares and of statutory payments to the
reserve fund shall accrue to the Cantons.
(5) The bank and its branches shall be exempt from any
taxation the Cantons.
(6) The Confederation may not suspend its obligation to
reimburse banknotes and other paper money nor decree the compulsory
acceptance thereof except in time of war or disturbed monetary
relations.
(7) Banknotes issued must be covered by gold and
short-term securities.
(8) Regulations on the implementation of this article
shall be laid down by federal legislation.
Article 40 [Weights and Measures]
(1) The determination of weights and measures is a
federal concern.
(2) The Cantons shall implement the legislation
concerning this subject under the supervision of the Confederation.
Article 41 [Arms]
(1) Manufacture and sale of gunpowder are the exclusive
concern of the Confederation.
(2) Manufacture, purchase and distribution of arms,
ammunition, explosives, and other kinds of war materials and components
thereof are subject to an authorization to be granted by the
Confederation. Such authorizations shall only be granted to persons who
and enterprises which present the necessary guarantees in the light of
the national interest. The rights of state-owned enterprises of the
Confederation remain reserved.
(3) The import and export of arms, ammunition, and war
materials as understood in the present provisions may take place only
with the authorization of the Confederation. The Confederation is also
entitled to make transit dependent on its authorization.
(4) Subject to federal legislation, the Federal Council
shall enact the necessary regulations for the implementation of
Paragraphs (2) and (3) by means of an ordinance. In particular, it shall
lay down detailed regulations concerning the granting, duration and
recalling of concessions. Furthermore, it shall specify the arms,
ammunition, explosives, other materials and components thereof to which
the present provision shall apply.
Article 41bis [Taxes]
(1) The Confederation is entitled to levy the following
taxes:
a) stamp duties on securities, including coupons, bills
of exchange and similar documents, on insurance premium receipts and
other documents relating to trading operations; this right to levy taxes
does not extend to documents concerning transactions in the field of
real estate and mortgages;
b) an anticipatory tax on income from movable capital,
on lottery prizes, and insurance payments;
c) taxes on raw tobacco and manufactured tobacco, and on
other materials and on products manufactured from these other materials
which are used in the same way as raw tobacco and manufactured tobacco;
d) special taxes affecting persons resident abroad to
counteract fiscal measures by foreign states.
(2) Any object which according to legislation is subject
to a federal tax under Paragraph (1)(a), (b) and (c), or exempt from
such taxes shall remain free from any taxation on similar grounds by the
Cantons or Communes.
(3) Federal legislation shall provide for the
implementation of this article.
Article 41ter [Additional Taxes]
(1) In addition to the taxes it is entitled to levy
under Article 41bis, the Confederation can levy:
a) a turnover tax;
b) special consumer taxes on the turnover and
importation of goods of the type designated in Paragraph (4);
c) a direct federal tax.
The power to levy the taxes mentioned under a) and c)
shall expire at the end of 1994.
(2) Turnover on which the Confederation levies taxes or
which it declares exempt from taxation according to Paragraph (1)(a) and
(b) shall not be subject to the same kind of taxation by the Cantons and
Communes.
(3) The turnover tax referred to in Paragraph (1)(a) can
apply to transactions in goods, to the import of goods, and to
professional work on movable property, buildings, and land with the
exception of cultivation of the soil for agricultural purposes. The law
shall stipulate which goods are exempt or are to be taxed at a lower
rate. The tax shall not exceed 6.2 per cent of the value of retail goods
and 9.3 per cent of the value of wholesale goods.
(4) The special consumer taxes according to Paragraph
(1)(b) shall apply to:
a) petroleum and natural gas, and products refined from
them, as well as motor fuel derived from other materials. Article 6ter
similarly applies to proceeds from taxes on motor fuel;
b) beer. The total tax rate to which beer is subject,
consisting of the beer tax, supplementary customs duty on raw materials
for brewing and on beer, and turnover tax, shall remain, in proportion
to the price of beer, at the level of 3lst December 1970.
(5) The direct federal tax, according to Paragraph
(1)(c), shall be established according to the following rules:
a) the tax is applicable to both the incomes of
individuals and the net profits, capital, and reserves of corporate
bodies. Corporate bodies, whatever their legal form, shall be rated,
according to their economic capacity, in as equitable a way as possible;
b) the tax is levied by the Cantons on behalf of the
Confederation. Three tenths of the gross tax yield shall be assigned to
the Cantons; at least one sixth of the total apportioned to the Cantons
must be used for financial equalization among Cantons;
c) in fixing tariffs, due account shall be taken of the
burden imposed by direct, cantonal, and communal taxes. The tax shall
not exceed:
- 9.5 per cent of the income of individuals; liability
shall begin at the earliest when net income reaches 9,000 francs or, in
the case of married Persons, 11,000 francs,
- 9.8 per cent of net profits of corporate bodies,
- 0.825 per cent of the capital and reserves of
corporate bodies.
The effect of fiscal drag on the tax on individuals'
income shall be adjusted periodically.
(6) Federal legislation shall govern the implementation
of this article.
Article 42 [Federal Resources]
In order to cover its expenses, the Confederation shall
have the following resources:
a) the income from federal property;
b) the net revenue from posts and from the monopoly of
gunpowder (Article 41);
c) the net receipts from the privilege tax on exemption
from military service (Article 18 (4));
d) the receipts from customs duties (Article 30);
e) the Confederation's share of the net receipts from
taxes on distilled spirits (Article 32bis and 34quater (7)) as well as
of the gross receipt from gambling (Article 35 (5));
f) the Confederation's share of the net profits of the
bank entrusted with the monopoly of issuing bank-notes (Article 39 (4));
g) the receipts from federal taxes (Article 41bis and
following);
h) the receipts from fees and other revenues provided by
law.
Article 42bis [Debt]
The Confederation shall reduce the federal debt. In so
doing it shall have due regard to the economic situation.
Article 42ter [Cantonal Equalization]
The Confederation shall encourage financial equalization
among the Cantons. In particular, appropriate consideration shall be
given to the financial resources of the Cantons and to the situation of
mountainous regions whenever federal subsidies are granted.
Article 42quater [Tax Advantage Regulation]
The Confederation is entitled to enact regulations, by
means of legislation, against arrangements with tax-payers granting
unjustified tax advantages.
Article 42quinquies [Tax Administration]
(1) The Confederation, in cooperation with the Cantons,
shall ensure the harmonization of direct taxes levied by the
Confederation, the Cantons and the Communes.
(2) To this end it shall promulgate, by means of federal
legislation, principles for cantonal and communal legislation on tax
liability, on objects liable to tax, on taxation periods, and on
procedural and penal law governing taxation matters and shall supervise
compliance. The Cantons shall remain responsible, in particular, for
fixing tax scales, tax rates and tax-free amounts.
(3) In legislating on the principles for direct cantonal
and communal taxes and in legislating for direct federal taxes, the
Confederation shall take account of the efforts of the Cantons to
achieve fiscal harmonization. The Cantons shall be granted an adequate
period to adjust their fiscal legislation.
(4) The Cantons shall cooperate in the drafting of the
federal legislation.
Article 43 [Citizenship, Right to Vote]
(1) Every citizen of a Canton is a Swiss citizen.
(2) In this capacity, he may take part in all federal
elections and votes at his domicile after having duly proved his right
to vote.
(3) No one may exercise political rights in more than
one Canton.
(4) The established Swiss citizen shall enjoy at his
domicile all the rights of the citizens of that Canton and, with these,
all the rights of the citizens of that Commune. However, sharing in
property belonging in common to local citizens or to corporations and
the right to vote in matters exclusively regarding local citizens are
excepted unless cantonal legislation should provide otherwise.
Article 44 [Acquisition of Citizenship]
(1) The Confederation shall regulate the acquisition and
loss of citizenship through descent, marriage and adoption and the loss
of Swiss nationality and its restoration.
(2) Swiss nationality can also be acquired through
naturalization in a Canton and a Commune. Naturalization is carried out
by the Cantons after the Confederation has granted permission for
naturalization. The Confederation shall issue minimal regulations.
(3) Anyone who is naturalized shall have the rights and
duties a citizen of a Canton and a Commune. Insofar as the cantonal law
provides for this he shall share in the property belonging in common to
local citizens and corporations.
Article 45 [Settlement, Extradition]
Every Swiss citizen can settle in any place in the
country. A Swiss may not be expelled from Switzerland.
Article 45bis [Swiss Living Abroad]
(1) The Confederation is entitled to further the
relations of Swiss living abroad among themselves and with the
fatherland and to assist institutions set up to that effect.
(2) It may, taking account of the special situation of
the Swiss living abroad, enact regulations determining their rights and
duties, in particular with respect to the exercise of political rights,
the carrying out of military obligations and to assistance. The Cantons
shall be consulted beforehand.
Article 46 [Subjection to Jurisdiction]
(1) In matters of civil law, established persons shall,
as a rule, be subject to the jurisdiction and legislation of their
domicile.
(2) Federal legislation shall enact the provisions
required to implement this principle and to prevent double taxation.
Article 47 [Resident Swiss Citizens]
A federal law shall specify the difference between
establishment and residence and at the same time lay down provisions
regulating the political and civil rights of resident Swiss citizens.
Article 48 [Assistance for Needy Persons]
(1) Needy persons shall be assisted by the Canton in
which they are living. The cost of this assistance shall be borne by
their canton of domicile.
(2) The Confederation can order that recourse be had to
a previous canton of domicile or the canton of origin.
Article 49 [Freedom of Religion and Belief]
(1) Freedom of creed and conscience is inviolable.
(2) No one may be forced to participate in a religious
association, to attend religious teaching or to perform a religious act,
nor be subjected to penalties of any sort because of his religious
beliefs.
(3) The holder of the paternal or tutelary authority
shall determine the religious education of children in conformity with
the foregoing principles until they have completed their 16th year.
(4) The exercise of civil or political rights may not be
restricted by any prescription or condition of an ecclesiastical or
religious nature.
(5) Religious beliefs do not exempt anyone from carrying
out civic duties.
(6) No one shall be bound to pay taxes the proceeds of
which are specifically appropriated to cover the cost of worship within
a religious community to which he does not belong. The detailed
implementation of this principle shall be a matter for federal
legislation.
Article 50 [Right to Worship]
(1) The free exercise of acts of worship is guaranteed
within the limits set by public order and morality.
(2) The Cantons and the Confederation may take
appropriate measures for the preservation of public order and of peace
among the members of the different religious communities, as well as
against encroachment by religious authorities on the rights of citizens
and the state.
(3) Disputes of public or private law which may arise
out of the creation of new religious communities or out of the splitting
up of existing communities may be brought before the competent federal
authorities by lodging a complaint.
(4) The establishment of bishoprics on Swiss territoy is
subject to the authorization of the Confederation.
Article 51 {...}
Article 52 {...}
Article 53 [Registration, Burial]
(1) The determination and registration of civil status
rests with the civil authorities. Federal legislation shall lay down
further provisions on this subject.
(2) The disposal of burial grounds is a concern of the
civil authorities. They shall make sure that every deceased person can
have a decent burial.
Article 54 [Right to Marry]
(1) The right to marry is placed under the protection of
the Confederation.
(2) This right may not be limited for religious or
economic reasons nor on account of previous conduct or of other police
considerations.
(3) A marriage which has been celebrated in a Canton or
abroad according to the local legislation shall be recognized as valid
within the whole territory of the Confederation.
(5) Children born before marriage shall be legitimized
by the subsequent marriage of their parents.
(6) No bride-admission fee or any other similar tax may
be levied.
Article 55 [Freedom of the Press]
(1) The freedom of the press is guaranteed.
(2) {...}
(3) {...}
Article 55bis [Radio and Television]
(1) Legislation concerning radio and television and
other forms of public diffusion of features and information by
telecommunication techniques is a matter for the Confederation.
(2) Radio and television shall contribute to the
cultural development and entertainment of the listeners and viewers and
to the free formation of opinion. They shall take into account the
peculiarities of the country and the needs of the Cantons. They shall
present events factually and give impartial expression to multiplicity
of views.
(3) The independence of radio and television and
autonomy in the creation of programs are guaranteed within the limits
laid down in Paragraph (2).
(4) Account is to be taken of the position and functions
of other communications media, especially the press.
(5) The Confederation shall create an independent
authority to examine complaints.
Article 56 [Freedom of Association]
(1) Citizens have the right to form associations
provided that neither the purpose of such associations nor the means
used to carry it out are illegal or dangerous to the state. Cantonal
laws shall lay down the measures required to repress the misuse of this
right.
(2) {...}
(3) {...}
Article 57 [Right of Petition]
The right of petition is guaranteed.
Article 58 [Constitutional Judge, Ecclesiastical
Jurisdiction]
(1) No one may be deprived of his constitutional judge;
therefore no extraordinary courts of law may be set up.
(2) Ecclesiastical jurisdiction is abolished.
Article 59 [Personal Jurisdiction]
(1) The solvent debtor having a domicile in Switzerland
must be sued, for personal debts, before the judge of his domicile;
therefore, his property may not be seized or attached for personal
claims outside the Canton in which he has his domicile.
(2) In the case of aliens, the pertinent provisions of
international treaties remain reserved.
(3) Imprisonment for debts is abolished.
Article 60 [Intercantonal Equality]
All Cantons are bound to afford all Swiss citizens the
same treatment as their own citizens in the fields of legislation and of
judicial proceedings.
Article 61 [Intercantonal Enforceability of
Judgments]
Final judgments rendered in civil law cases in all
Cantons shall be enforceable in the whole of Switzerland.
Article 62 [Transfer Taxes, Cantonal Preemption
Rights]
All transfer taxes on the moving of property inside
Switzerland and all preemption rights of citizens of one Canton against
citizens of other Cantons are abolished.
Article 63 [Free Transfer of Property]
With respect to foreign states, free transfer of
personal belongings shall be granted, provided reciprocity exists.
Article 64 [Federal Civil Legislation]
(1) The Confederation is entitled to legislate
- on civil capacity,
- on all legal matters relating to commerce and movable
property transactions (law of contracts and tort including commercial
law and law of bills of exchange),
- on copyrights in literature and arts,
- on protection of inventions suitable for industrial
use, including designs and models,
- on suits for debts and bankruptcy.
(2) The Confederation is also entitled to legislate in
the other fields of civil law.
(3) The organization of the courts, procedure, and
jurisdiction shall remain a matter for the Cantons as before.
Article 64bis [Federal Criminal Legislation]
(1) The Confederation is entitled to legislate in the
field of criminal law.
(2) The organization of the courts, procedure, and
jurisdiction shall remain a matter for the Cantons as before.
(3) The Confederation is entitled to grant subsidies to
the Cantons for the construction of penitentiaries, workhouses and
reformatories and for penal reforms. It is also entitled to assist
institutions for the protection of neglected children.
Article 64ter [Victim Protection]
The Confederation and the Cantons shall ensure that the
victims of criminal acts against life and the person receive assistance.
This shall include appropriate compensation if, in consequence of the
criminal act, the victims get into financial difficulties.
Article 65 [Capital Punishment]
(1) No death sentence may be passed for political
crimes.
(2) Corporal punishments are prohibited.
Article 66 [Deprivation of Political Rights]
Federal legislation shall fix the limits within which a
Swiss citizen can be deprived of his political rights.
Article 67 [Extradition]
Federal legislation shall lay down the necessary
provisions concerning the extradition of the accused from one Canton to
another; however, extradition may not be made compulsory for Political
and press offences.
Article 68 [Statelessness]
Measures to secure citizenship for stateless persons and
to prevent new cases of statelessness shall be a matter for federal
legislation.
Article 69 [Contagious Diseases]
The Confederation is entitled to enact legislation in
order to combat contagious, widespread and particularly dangerous
diseases of man and animals.
Article 69bis [Consumer Protection]
(1) The Confederation is entitled to legislate:
a) on trade in foodstuffs;
b) on trade in other consumer goods insofar as they may
endanger life or health.
(2) The Cantons shall implement these provisions.
(3) Control of imports at the national frontiers shall
be exercised by the Confederation.
Article 69ter [Immigration, Asylum]
(1) The Confederation is entitled to legislate on
immigration, emigration, residence and establishment of aliens.
(2) The Cantons shall decide on residence and settlement
in accordance with federal legislation. The Confederation is, however,
entitled to give final decisions on:
a) cantonal authorizations for protracted residence and
settlement as well as exceptions made in cases of hardship;
b) violations of treaties concerning establishment;
c) cantonal expulsion orders valid for the whole
territory of the Confederation;
d) refusal to grant asylum.
Article 70 [Expulsion]
The Confederation has the right to expel from its
territory aliens who endanger the internal or external security of
Switzerland.
Chapter II Federal Authorities
Part I Federal Assembly
[Subsection 0 General Provisions]
Article 71 [Federal Assembly]
Subject to the rights of the people and the Cantons
(Articles 89 and 121; at the present time: Articles 89, 89bis, 120, 121,
121bis and 123) the supreme power of the Confederation shall be
exercised by the Federal Assembly which consists of two sections or
councils, to wit:
A. the National Council;
B. the Council of States.
Subsection A National Council
Article 72 [National Council Membership]
(1) The National Council shall be composed of 200
representatives of the Swiss people.
(2) The seats shall be distributed among the Cantons and
Half-
Cantons in proportion to their resident population, each
Canton and Half-Canton being entitled to one seat at least.
(3) A federal law shall lay down detailed provisions.
Article 73 [National Council Elections]
(1) The elections to the National Council shall be
direct. They shall take place according to a system of proportional
representation, each Canton or Half-Canton forming one electoral
district.
(2) Federal legislation shall lay down detailed
provisions for the implementation of this principle.
Article 74 [National Council Electorate]
(1) Swiss men and women shall have the same rights and
the same duties in matters of federal elections and other federal polls.
(2) Each Swiss man and each Swiss woman who has
completed his or her 18th year and who has not been deprived of his or
her political rights by the legislation of the Confederation or of the
Canton where he or she is resident has the right to participate in such
elections and other polls.
(3) The Confederation can decree uniform legal
provisions on the right to participate in elections and other polls on
federal matters.
(4) The right at cantonal level shall remain the affair
of cantonal and communal voting and elections.
Article 75 [National Council Eligibility]
Every lay Swiss citizen entitled to vote is eligible for
membership of the National Council.
Article 76 [National Council Election Period]
The National Council shall be elected every four years
and each time the whole Council is subject to election.
Article 77 [National Council Incompatibilities]
Members of the Council of States and of the Federal
Council and officials appointed by the latter may not at the same time
be members of the National Council.
Article 78 [National Council Presidency]
(1) The National Council shall elect from among its
members a president and a vice-president for each ordinary and
extraordinary session
(2) The member who has been president during an ordinary
session is not eligible to be president or vice-president for the
following ordinary session. The same member may not be vice-president
during two successive ordinary sessions.
(3) When the votes are equal the president shall have
the casting vote; at elections he shall have the same voting rights as
every other member.
Article 79 [National Council Allowances]
Members of the National Council shall be paid an
allowance by the federal treasury.
Subsection B Council of States
Article 80 [Council of States Membership]
The Council of States shall consist of 46
representatives of the Cantons. Each Canton shall elect two
representatives; in the halved Cantons, each Half-Canton shall elect one
representative.
Article 81 [Council of States Incompatibilities]
Members of the National Council and of the Federal
Council may not at the same time be members of the Council of States.
Article 82 [Council of States Presidency]
(1) The Council of States shall elect from among its
members a president and a vice-president for each ordinary and
extraordinary session.
(2) Neither the president nor the vice-president may be
elected from among the representatives of the Canton from which the
president of the immediately preceding ordinary session has chosen.
(3) Representatives of the same Canton may not hold
office as vice-presidents for two successive ordinary sessions.
(4) When the votes are equally divided, the president
shall decide; in elections, he shall vote like any other member.
Article 83 [Council of States Allowances]
Members of the Council of States shall be paid an
allowance by the Cantons.
Subsection C Powers of the Federal Assembly
Article 84 [Federal Assembly Authority]
The National Council and the Council of States shall
deal with all matters which, according to this Constitution, fall within
the competence of the Confederation and have not been attributed to
another federal authority.
Article 85 [Federal Assembly Competences]
The matters within the competence of the two Councils
are in particular the following:
(1) Laws on the organization and the mode of election of
the federal authorities.
(2) Laws and decrees on matters which the Constitution
places within the competence of the Confederation.
(3) Salaries and allowances of the members of the
federal authorities and the Federal Chancery; setting up of permanent
federal offices and determination of the corresponding salaries.
(4) Election of the Federal Council, the Federal Court,
the Chancellor and the General of the federal army. Federal legislation
may entrust to the Federal Assembly the right to make or to confirm
other appointments.
(5) Alliances and treaties with foreign states as well
as approval of treaties of Cantons among themselves or with foreign
states. However, such treaties of the Cantons shall only be submitted to
the Federal Assembly if the Federal Council or another Canton raises an
objection to them.
(6) Measures for the external security as well as for
the preservation of the independence and neutrality of Switzerland,
declaration of war and conclusion of peace.
(7) Guarantee of the constitutions and the territory of
the Cantons; interventions pursuant to this guarantee; measures for
internal security and the preservation of peace and order; amnesty and
pardon.
(8) Measures aimed at the implementation of the Federal
Constitution, the guaranteeing of the cantonal constitutions and the
carrying out of federal obligations.
(9) The right to dispose over the federal army.
(10) The drawing up of the annual budget and approval of
the State's accounts as well as decrees on the floating of loans.
(11) General supervision of federal administration and
justice.
(12) Complaints against decisions of the Federal Council
concerning administrative disputes (Article 113).
(13) Conflicts of competence between federal
authorities.
(14) Revision of the Federal Constitution.
Article 86 [Federal Assembly Sessions]
(1) Both Councils shall meet once a year for an ordinary
session on a day to be determined by their rules of procedure.
(2) They shall be convened for an extraordinary session
by decision of the Federal Council or on request from one quarter of the
members of the National Council or from five Cantons.
Article 87 [Federal Assembly Competency]
In order that a Council may deliberate validly, the
absolute majority of its members must be present.
Article 88 [Federal Assembly Majority Rule]
In the National Council and the Council of States
decisions are taken by the absolute majority of the members casting a
vote.
Article 89 [Federal Assembly Legislation]
(1) Federal laws and federal decrees must be approved by
both Councils.
(2) Federal laws and generally binding federal decrees
must be
submitted to the people for approval or rejection if
50,000 Swiss citizens entitled to vote or eight Cantons so demand.
(3) Paragraph (2) shall be applicable also to
international treaties which:
a) are of unspecified duration and cannot be denounced;
b) provide for adherence to an international
organization;
c) entail a multilateral unification of the law.
(4) By a decision of both Houses Paragraph (2) shall be
applicable to other treaties.
(5) Adherence to collective security organizations or to
supranational bodies shall be submitted to the vote of the people and
the Cantons.
Article 89bis [Federal Assembly Decrees]
(1) Generally binding federal decrees whose entry into
force ought not to be delayed may be put into effect immediately by a
majority of all members of each of the two Councils; the period of
validity is to be limited.
(2) If 50,000 Swiss citizens entitled to vote or eight
Cantons request a popular vote, the decrees put immediately into effect
shall lose their validity one year after their adoption by the Federal
Assembly if they have not been approved by the people during that
period; in that case, they may not be renewed.
(3) Decrees put immediately into effect which have no
constitutional basis must be approved by the people and the Cantons
within one year after their adoption by the Federal Assembly; failing
this, they shall lose their validity after the lapse or this year and
may not be renewed.
Article 90 [Federal Assembly Legislation
Formalities]
Federal legislation shall lay down the necessary rules
concerning the formalities and time-limits for popular votes.
Article 91 [Federal Assembly Voting Procedure]
Members of both Councils shall vote without
instructions.
Article 92 [Federal Assembly Joint Meetings]
Each Council shall deliberate separately. However, for
elections (Article 85 (4)), for the exercise of the right of pardon and
when deciding conflicts of competence (Article 85 (13)), both Councils
shall assemble for a joint meeting under the chairmanship of the
President of the National Council and decisions shall be taken by the
majority of the members of both Councils casting a vote.
Article 93 [Federal Assembly Initiative]
(1) Each of the two Councils and each of their members
have the right of initiative.
(2) The Cantons may exercise the same right by
correspondence.
Article 94 [Federal Assembly Publicity]
As a rule, the meetings of both Councils shall be
public.
Part II Federal Council
Article 95 [Federal Council]
The supreme executive and governing authority of the
Confederation is a Federal Council composed of seven members.
Article 96 [Federal Council Elections]
(1) The members of the Federal Council shall be elected
by the Federal Assembly for four years from among all the Swiss citizens
who are eligible for the National Council. However, not more than one
member may be elected from the same Canton.
(2) The Federal Council shall be elected anew after each
renewal of the National Council.
(3) Vacancies occurring during the four-year period
shall be filled in the following session of the Federal Assembly for the
remainder of the term.
Article 97 [Federal Council Incompatibilities]
Members of the Federal Council may not hold another
office, be it in the service of the Confederation or in a Canton, nor
carry on any other profession or industry.
Article 98 [Federal Council Presidency]
(1) The chairman of the Federal Council shall be the
President of the Confederation; he and the Vice-President shall be
chosen by the Federal Assembly from among the members of the Council for
a term of one year.
(2) The outgoing President is not eligible to be
President or Vice-President for the following year. The same member may
not hold the office of Vice-President for two successive years.
Article 99 [Federal Council Salaries]
The President of the Confederation and the other members
of the Federal Council shall draw a salary from the federal treasury.
Article 100 [Federal Council Competency]
In order that its deliberations may be valid, at least
four members of the Federal Council must be present.
Article 101 [Federal Council Privileges]
Members of the Federal Council may participate in the
debates of both sections of the Federal Assembly in a consultative
capacity and have the right to voice proposals concerning the
subject-matter under discussion.
Article 102 [Federal Council Powers]
The powers and obligations of the Federal Council,
within the limits of this constitution, are in particular the following:
(1) It shall conduct federal affairs in conformity with
the federal laws and decrees.
(2) It shall ensure compliance with the constitution,
the laws and the decrees of the Confederation as well as with the
provisions of the federal concordats; it shall, on its own initiative or
pursuant to a request, take the necessary steps to secure their
enforcement to the extent that such requests are not among those which
fall within the jurisdiction of the Federal Court according to Article
113.
(3) It shall ensure that the guarantee of the cantonal
constitutions is not infringed.
(4) It shall submit to the Federal Assembly drafts of
laws and decrees and shall give its opinion on proposals submitted to it
by the Councils or the Cantons.
(5) It shall give effect to the federal laws and
decrees, the judgments of the Federal Court as well as to the
settlements or arbitral awards in connection with disputes between
Cantons.
(6) It shall make the appointments which are not
entrusted to the Federal Assembly, the Federal Court or another
authority.
(7) It shall examine the agreements of the Cantons among
themselves and with foreign states and shall approve them if they are
admissible (Article 85 (5)).
(8) It shall watch over the external interests of the
Confederation, particularly its international relations, and it shall be
in charge of external affairs generally.
(9) It shall watch over the external security of
Switzerland and over the preservation of its independence and
neutrality.
(10) It shall ensure the internal security of the
Confederation and the preservation of peace and order.
(11) In urgent cases and if the Federal Assembly is not
meeting, the Federal Council is entitled to raise the necessary troops
and to dispose of them, with the reservation that it shall summon the
Federal Assembly immediately if the troops raised exceed 2000 men or
remain under arms for more than three weeks.
(12) It shall be in charge of the military affairs of
the Confederation and of all branches of the federal administration.
(13) It shall examine the laws and decrees of the
Cantons which require its approval; it shall supervise such branches of
cantonal administrations as are placed under its control.
(14) It shall manage the finances of the Confederation,
draft the budget and render the accounts of receipts and expenditure.
(15) It shall supervise the official activities of all
officials and employees of the federal administration.
(16) At each ordinary session, it shall render an
account of its activities to the Federal Assembly and submit a report on
the internal as well as on the external state of the Confederation and
it shall draw the Federal Assembly's attention to such measures as it
deems useful for the promotion of common prosperity. It shall also
submit reports on specific questions if the Federal Assembly or one of
its sections so request.
Article 103 [Federal Council Principles]
(1) The tasks of the Federal Council shall be
distributed among its members according to departments. Decisions are
taken by the Federal Council as a body.
(2) Federal legislation may authorize the departments or
the services thereof to settle certain matters directly, subject to the
right of appeal.
(3) Federal legislation shall determine in which cases
the appeal shall be referred to a federal administrative court.
Article 104 [Federal Council Advice]
The Federal Council and its departments are entitled to
call in experts on specific matters.
Part III Federal Chancery
Article 105 [Federal Chancery]
(1) A Federal Chancery, headed by the Chancellor of the
Confederation, shall act as the secretariat of the Federal Assembly and
the Federal Council.
(2) The Chancellor shall be elected by the Federal
Assembly for a term of four years, at the same time as the Federal
Council.
(3) The Federal Chancery shall be placed under the
special supervision of the Federal Council.
(4) Federal law shall determine the details of the
organization of the Federal Chancery.
Part IV Federal Court
Article 106 [Federal Court]
(1) A Federal Court shall be established for the
administration of justice to the extent that this is a federal concern.
(2) In criminal cases (Article 112) a jury shall be
instituted to pronounce a verdict.
Article 107 [Federal Court Membership]
(1) The members of the Federal Court and their
substitutes shall be elected by the Federal Assembly which shall ensure
that the three official languages of the Confederation are represented.
(2) The organization of the Federal Court and of its
divisions, the number of its members and substitutes, the duration of
their term of office and their salary shall be determined by law.
Article 108 [Federal Court Eligibility,
Incompatibilities]
(1) Any Swiss citizen who is eligible for the National
Council may be appointed to the Federal Court.
(2) The members of the Federal Assembly and of the
Federal Council and the officials appointed by these authorities may not
at the same time be members of the Federal Court.
(3) Members of the Federal Court may not hold another
office, be it in the service of the Confederation or in the Cantons, or
carry on any other occupation or trade.
Article 109 [Federal Court Organization]
The Federal Court shall organize its chancery and
appoint its staff.
Article 110 [Federal Court Civil Jurisdiction]
(1) The Federal Court shall adjudicate civil law
disputes:
1) between the Confederation and the Cantons;
2) between the Confederation and corporations or private
persons if the subject of the dispute is of a degree of importance to be
determined by federal legislation and if those corporations or private
persons are plaintiffs;
3) between the Cantons;
4) between Cantons and corporations or private persons
if the subject of the dispute is of a degree of importance to be
determined by the federal legislation and if one of the parties so
requests.
(2) The Federal Court shall also adjudicate disputes
concerning statelessness and disputes between Communes of different
Cantons concerning questions of citizenship.
Article 111 [Federal Court Choice of Jurisdiction]
The Federal Court is also bound to adjudicate other
cases if both parties agree to refer them to it and if the subject of
the dispute is of a degree of importance to be determined by federal
legislation.
Article 112 [Federal Court Criminal Jurisdiction,
Jury]
The Federal Court shall pass judgment, with the
assistance of a jury to give a verdict on the facts, in criminal cases
concerning:
1) High treason against the Confederation, revolt and
violence against the federal authorities;
2) crimes and offences against the law of nations;
3) political crimes and offences which are the cause or
the consequence of disorders which give rise to an armed federal
intervention.
4) Charges against officials appointed by a federal
authority, if the latter refers them to the Federal Court.
Article 113 [Federal Court Public Law
Jurisdiction]
(1) The Federal Court shall further adjudicate:
1) Conflicts of competence between federal authorities
on the one hand and authorities of the Cantons on the other;
2) disputes between Cantons in the field of public law;
3) complaints concerning the violation of the
constitutional rights of citizens as well as individual complaints
concerning the violation of concordats and international treaties.
(2) The administrative disputes which shall be specified
by federal legislation are excepted.
(3) In all aforementioned instances, the Federal Court
shall apply the laws and generally binding decree adopted by the Federal
Assembly, as well as the international treaties approved by this
Assembly.
Article 114 [Federal Court Confered Jurisdiction]
Federal legislation may also confer jurisdiction upon
the Federal Court on matters other than those specified in Articles 110,
112 and 113; it may, in particular, with regard to the enactment of the
federal laws provided for in Article 64, determine the competence
necessary to ensure their uniform application.
Part IVbis Federal administrative and disciplinary
jurisdiction
Article 114bis [Federal Administrative Court]
(1) The Federal Administrative Court shall adjudicate
administrative disputes falling within the scope of the Confederation
and referred to it by federal legislation.
(2) The Administrative Court shall also adjudicate
disciplinary cases of the federal administration referred to it by
federal legislation insofar as such cases shall not be referred to a
special jurisdiction.
(3) The Court shall apply the federal legislation and
the treaties approved by the Federal Assembly.
(4) The Cantons are entitled, subject to the approval of
the Federal Assembly, to refer to the Federal Administrative Court for
adjudication administrative disputes falling within the scope of their
competence.
(5) The organization of federal administrative and
disciplinary jurisdiction and its procedure shall be determined by law.
Part V Miscellaneous Provisions
Article 115 [Seat of Federal Authorities]
Everything concerning the seat of the federal
authorities shall be a matter of federal legislation.
Article 116 [Languages]
(1) German, French, Italian and Romansh are the national
languages of Switzerland.
(2) German, French and Italian are declared to be the
official languages of the Confederation.
Article 117 [Official Liability]
The officials of the Confederation are responsible for
their official activities. A federal law shall specify the scope of this
responsibility.
Chapter III Revision of the Federal Constitution
Article 118 [Constitutional Revision]
At any time, the Federal Constitution may be revised
wholly or in part.
Article 119 [Constitutional Total Revision]
The total revision shall be carried out in accordance
with the forms laid down for federal legislation.
Article 120 [Constitutional Total Revision
Procedures]
(1) If one section of the Federal Assembly decides on a
total revision of the Federal Constitution and the other does not
consent or if 100,000 Swiss citizens entitled to vote demand the total
revision of the Federal Constitution, the question whether such a
revision should take place or not must be submitted in both cases to the
vote of the Swiss people.
(2) If in either of these cases the majority of the
Swiss citizens casting a vote give an affirmative answer, both Councils
shall be elected anew in order to undertake the revision.
Article 121 [Constitutional Partial Revision
Procedures]
(1) Partial revision may be carried out either by means
of a popular initiative or in accordance with the forms laid down or
federal legislation.
(2) The popular initiative consists of a request,
presented by a hundred thousand Swiss citizens entitled to vote, aiming
at the introduction, setting aside or modification of specified articles
of the Federal Constitution.
(3) If by means of a popular initiative several
different provisions are to be modified or introduced into the Federal
Constitution, each one must be the subject of a separate initiative
request.
(4) An initiative request may consist of a general
proposal or take the form of a complete draft.
(5) If such a request consists of a general proposal and
if it meets with the approval of the Federal Chambers, the latter shall
prepare a partial revision along the lines of the proposal and submit
their draft to the people and the Cantons for adoption or rejection. If
the Federal Chambers do not approve of the request, the question of
partial revision shall be submitted to the decision of the people; if
the majority of the Swiss citizens casting a vote decide in the
affirmative, the Federal Assembly shall undertake the revision in
conformity with the decision of the people.
(6) If the request is in the form of a complete draft
and if it meets with the approval of the Federal Assembly, the draft
shall be submitted to the people and the Cantons for adoption or
rejection. If the Federal Assembly disagrees, it may prepare its own
draft or recommend the rejection of the proposed draft and submit its
own draft or recommendation of rejection together with the draft
proposed by the initiative to the decision of the people and the
Cantons.
Article 121bis [Constitutional Alternative
Revision Procedures]
(1) If the Federal Assembly draws up a counter-draft,
three questions shall be submitted to the voters on the same ballot
paper. Every voter can state unreservedly
1) whether he prefers the popular initiative to the law
in force;
2) whether he prefers the counter-draft to the law in
force;
3) which of the two texts should enter into force if
the people and the Cantons prefer both texts to the law in force.
(2) The absolute majority shall be determined for each
question separately. Unanswered questions shall not count.
(3) If both the popular initiative and the counter-draft
are
accepted, the result of the third question shall decide
the issue. The text which obtains more of the people's and Cantons'
votes on this question shall come into force. If, on the other hand, one
text obtains more of the people's votes and the other more of the
Cantons' votes, then neither of the texts shall come into force.
Article 122 [Popular Initiative Procedures]
A federal law shall determine the procedure to be
followed in the case of popular initiative requests and votes on the
revision of the Federal Constitution.
Article 123 [Constitutional Revision Approval]
(1) The revised Federal Constitution or the revised part
of it, as the case may be, shall enter into force if it has been
approved by the majority of the Swiss citizens casting a vote and the
majority of the Cantons.
(2) In order to determine the majority of the Cantons,
the vote or each Half-Canton is counted as half a vote.
(3) The result of the popular vote in each canton is
considered to be the vote of that Canton.
[Chapter IV] Transitional Provisions
Article 1 [Military Finances Transition]
(1) The revenue from the posts and from customs duties
shall be distributed according to the existing system until the
Confederation shall in fact take over the military expenses borne up to
now by the Cantons.
(2) Furthermore, federal legislation shall ensure that
losses which might result for the finances of certain Cantons from the
combined effect of the changes introduced by Articles 20, 30, 36 (2),
and 42 e) will affect them gradually and become fully effective only
after a transitional period of several years.
(3) Cantons which, at the time of the coming into force
of Article 20, have not fulfilled the military obligations placed upon
them by the former Federal Constitution and the federal laws, are bound
to carry them out at their own expense.
Article 2 [Derogation of Law]
The provisions of existing federal laws, concordats,
cantonal constitutions, and laws which are inconsistent with the present
Federal Constitution shall cease to be in force with the adoption of the
latter or, as the case may be, the enactment of the federal laws it
provides for.
Article 3 [Federal Court Transition]
The new provisions concerning the organization and
jurisdiction of the Federal Court shall only enter into force after the
enactment of the pertinent federal laws.
Article 4 [Schooling Transition]
(1) A time-limit of five years shall be granted to the
Cantons for the introduction of free public primary education (Article
27).
(2) They shall be given a time-limit of five years to
introduce the beginning of the school year in accordance with Article 27
(3bis)). The Federal Council shall take measures in accordance with
Article 27 (4) by means of an ordinance. It shall notify the Federal
Assembly of this.
Article 5 [Liberal Profession Transition]
Persons carrying on a learned profession, who prior to
the enactment of the federal legislation provided for in Article 33 have
obtained a certificate of competence from a Canton or from an authority
representing several Cantons pursuant to a concordat, shall be entitled
to carry on their profession throughout the Confederation.
Article 6 [Privilege Tax Transition]
For the years 1959 and 1960, the Cantons' share of the
receipts from the privilege tax on exemption from military service,
including their fee for collecting it, is fixed at 31 per cent; as from
1st January, 1961, this share shall be replaced by a collecting fee of
20 per cent of the gross receipts. All contrary provisions of the
federal legislation shall cease to be in force.
Article 7 [Freight Document Transition]
(1) The stamp duty on freight documents shall no longer
be levied after 1st January, 1959. All contrary provisions of the
federal legislation shall cease to be in force.
(2) Freight documents for the transport of luggage,
animals and