[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 goods by
the federal railways and by transport enterprises which have been
granted a concession by the Confederation shall not be subjected by the
Cantons to stamp or registration duty.
Article 8 [Additional Taxes Transition]
(1) Subject to Federal Acts within the meaning of Article 41ter, the
provisions applicable on 31st December 1981 to turnover tax, direct
Federal Tax (formerly defence tax), and beer tax shall remain in force
with the following amendments.
(2) With effect from 1st October 1982 the following provisions shall
apply to the turnover tax:
a) the tax rate shall amount to 6.2 per cent of returns in the case of
retail deliveries and 9.3 per cent in the case of wholesale deliveries;
b) painters and sculptors shall be exempt from taxation in respect of
the works of art which they themselves have created.
(3) For the tax years after 31st December 1982 direct Federal Tax shall
be regulated as follows:
a) allowances deducted from the income of individuals shall amount to:
- 4000 francs for married persons;
- 2000 francs for each child;
- 2000 francs for each needy person;
- 3000 francs for widowed, divorced or single taxpayers who run a
household containing children or needy persons;
- for insurance premiums and interest from savings capital together:
--- 2500 francs for widowed, divorced or single persons;
--- 3000 francs for married persons;
- 4000 francs from the income from gainful activity of the spouse, when
both husband and wife pursue a gainful activity.
b) the amount of tax due from individuals shall be reduced as follows:
- 30 per cent on the first 100 francs of the annual tax;
- 20 per cent on the next 300 francs of the annual tax;
- 10 per cent on the next 500 francs of the annual tax.
c) the reduction granted up to the end of 1982 to married persons on the
amount of tax shall be cancelled;
d) a vice-chairman shall be appointed to the Federal Commission for
Remission of direct Federal Tax. The competent cantonal authority shall
rule on applications for remission of direct Federal Tax up to a tax
amount of 1000 francs.
(4) The Federal Council shall adapt its decrees on turnover tax and
defence tax to the amendments in Paragraphs (2) and (3). In the case of
turnover tax it shall also regulate the effects of passing on the tax
for the transitional period. The term "defence tax" shall be replaced by
"direct Federal Tax" in all laws and regulations.
Article 9 [Tax Amnesty Transition]
(1) During the years 1969 to 1973, the Confederation can institute a
special tax amnesty for federal, cantonal and communal taxes.
(2) Federal legislation shall determine the date of this amnesty and
specify its conditions and effects.
Article 10 [Cantonal Equalization Transition]
(1) Until the introduction of new rules for financial equalization among
the Cantons, the present 6 per cent commission of the Cantons shall be
replaced as from 1st January 1972 by a cantonal share of 12 per cent of
the net withholding tax yield; federal legislation shall determine the
share of each Canton.
(2) In years when the withholding tax exceeds 30 per cent the Cantons'
share shall amount to 10 per cent.
Article 11 [Retirement and Disabled Insurance]
(1) Insofar as the provisions for federal insurance do not cover basic
requirements, as defined in Article 34quater (2), the Confederation
shall grant the Cantons subsidies for the financing of supplementary
allowances. For this purpose it may use fiscal resources intended for
the financing of the federal insurance scheme. The maximum contribution
of the public authorities, stipulated in Article 34quater (2)(b) and
(c), shall be calculated so as to take into account these federal
subsidies and the corresponding contributions of the Cantons.
(2) Those insured who belong to the relevant generation at the time of
the introduction of the system for obligatory professional insurance, in
accordance with Article 34quater (3), shall be able to benefit from the
minimum legally prescribed protection after a period whose duration,
calculated from the time the law comes into effect, shall vary between
10 and 20 years, according to the amount of their income. The law shall
specify those persons belonging to the relevant generation at the time
of the introduction, and shall determine the minimum allowance granted
during the transitional period; it shall take into account, by special
provisions, the situation of those insured for whom an employer had made
insurance arrangements prior to the law's coming into effect. The
contributions necessary for covering the allowances must reach their
normal level after a period of no more than five years.
Article 12 {...}
Article 13 {...}
Article 14 {...}
Article 15 {...}
Article 16 [Supplementary Tax Transition]
Subject to amendment by legislation, the supplementary tax on motor
fuels shall amount to 30 centimes per liter.
Article 17 [Annual Road Charge Transition]
(1) The Confederation shall levy on domestic and foreign motor vehicles
and trailers with a total weight of over 3.5 tons each an annual charge
for the use of all roads open to general traffic.
(2) This charge shall amount to:
a) for lorries and articulated motor vehicles
- over 3.5 and up to 11 tons............ 500 francs
- over 11 and up to 16 tons............. 1500 francs
- over 16 and up to 19 tons............. 2000 francs
- over 19 tons.......................... 3000 francs
b) for trailers
- over 3.5 and up to 8 tons............. 500 francs
- over 8 and up to 10 tons.............. 1000 francs
- over 10 tons.......................... 1500 francs
c) for coaches.......................... 500 francs
(3) In the case of vehicles which are not on the road in Switzerland
for the whole year, the Federal Council shall fix graduated rates
commensurate with the length of time involved; it shall take into
consideration the cost of collecting the charge.
(4) The Federal Council shall regulate the implementation by ordinance.
It can determine the rates, within the meaning of Paragraph (2), for
special categories of vehicle, exempt specific vehicles from the charge
and issue special regulations, particularly for journeys in the frontier
area. Such regulations shall not result in vehicles registered abroad
being treated more favorably than Swiss vehicles. The Federal Council
can provide for fines for contraventions. The Cantons shall collect the
charge for vehicles registered in Switzerland.
(5) This charge shall be levied for a period of 10 years. Before the
expiry of this time-limit the charge can be wholly or partially
abolished by legislation.
Article 18 [National Highway Charge Transition]
(1) The Confederation shall levy on domestic and foreign motor vehicles
and trailers up to a total weight of 3.5 tons each an annual charge of
30 francs for the use of the first- and second-
class national highways.
(2) The Federal Council shall regulate the implementation by ordinance.
It can exempt specific vehicles from the charge and issue special
regulations, particularly for journeys in the frontier area. Such
regulations shall not result in vehicles registered abroad being treated
more favorably than Swiss vehicles. The Federal Council can provide for
fines for contraventions. The Cantons shall collect the charge for
vehicles registered in Switzerland and monitor the keeping of the
regulations by all vehicles.
(3) This charge shall be levied for a period of 10 years. Before the
expiry of this time-limit the charge can be wholly or partially
abolished by legislation.
Article 19 [Nuclear Energy Moratorium Transition]
For a period of 10 years after the adoption of this transitional
provision by the people and the Cantons no planning, building, start-up,
or operating permits shall be issued under Federal law for new
installations for the production of nuclear energy (nuclear power
stations or nuclear reactors for heating purposes). Installations of the
kind for which building permission under Federal law was not granted up
to 30th September 1986 count as new.