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Federal Constitution of the Swiss Confederation
of April 18, 1999 (as amended until October 15, 2002)
Preamble
In the name of God Almighty!
We, the Swiss People and Cantons, whereas,
we are mindful of our responsibility towards creation; resolve to renew our
alliance to strengthen liberty and democracy, independence and peace in
solidarity and openness towards the world; are determined to live our diversity
in unity respecting one another; are conscious of our common achievements and
our responsibility towards future generations; and know that only those remain
free who use their freedom, and that the strength of a people is measured by the
welfare of the weakest of its members;
now, therefore, we adopt the following Constitution1:
Title 1: General Provisions
Art. 1 Swiss
Confederation
The Swiss People and the Cantons of Zurich, Berne, Lucerne, Uri,
Schwyz, Obwald and Nidwald, Glarus, Zug, Fribourg, Solothurn, Basel City and
Basel Land, Schaffhausen,
Appenzell Outer Rhodes and Appenzell Inner Rhodes, St. Gall, Grisons, Aargau,
Thurgau, Ticino, Vaud, Valais, Neuchâtel, Geneva, and Jura, form the Swiss
Confederation.
Art. 2 Purpose
-
The Swiss Confederation shall protect the liberty and the
rights of the people, and shall ensure the independence and security of the
country.
-
It shall promote the common welfare, the sustainable development, the inner
cohesion, and the cultural diversity of the country.
-
It shall ensure equal opportunities for all citizens to the extent possible.
-
It shall strive to secure the long-term preservation of natural resources, and
to promote a just and peaceful international order.
Adopted in the votation of April 18, 1999, certified as
accurate by decision of the FederalGovernment of August 11, 1999 and based on
the Federal Decree of December 18, 1998.
Art. 3 Cantons
-
The Cantons are sovereign insofar as their sovereignty is not
limited by the Federal Constitution; they shall exercise all rights which are
not transferred to the Confederation.
Art. 4 National Languages
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The national languages are German, French, Italian, and Romansh.
Art. 5 Rule of Law
-
The state’s activities shall be based on and limited by the
Rule of Law.
-
State activity must be in the public interest and proportional to the goals
pursued.
-
State organs and private persons must act in good faith.
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The Confederation and the Cantons shall respect international law.
Art. 6 Individual and Social Responsibility
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All persons are responsible for themselves, and shall make use
of their abilities to contribute to achieving the goals of state and society.
Title 2: Fundamental Rights, Civil Rights and Social Goals
Chapter 1: Fundamental Rights
Art. 7 Human Dignity
-
Human dignity shall be respected and protected.
Art. 8 Equality before the Law
-
All human beings are equal before the law.
-
Nobody shall suffer discrimination, particularly on grounds of origin, race,
sex, age, language, social position, lifestyle, religious, philosophical or
political convictions, or because of a corporal or mental disability.
-
Men and women have equal rights. Legislation shall ensure equality in law and
in fact, particularly in family, education, and work.
-
Men and women shall have
the right to equal pay for work of equal value.
-
Legislation shall provide for measures to eliminate disadvantages affecting
disabled people.
Art. 9 Protection against Arbitrariness and Principle of
Good Faith
-
Every person has the right to be treated by the state organs
without arbitrariness and in good faith.
Art. 10 Right to Live and Personal Freedom
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Every person has the right to live. The death penalty is
prohibited.
-
Every person has the right to personal liberty, particularly to corporal and
mental integrity, and to freedom of movement.
-
Torture and any other cruel, inhuman or degrading treatment or punishment are
prohibited.
Art. 11 Protection of Children and Young People
-
Children and young people have the right to special protection
of their integrity and to encouragement of their development.
-
They may exercise their rights themselves to the extent of their capacity to
discern.
Art. 12 Right to Aid in Distress
-
Persons in distress and incapable of looking after themselves
have the right to be helped and assisted, and to receive the means that are
indispensable for leading a life in human dignity.
Art. 13 Right to Privacy
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All persons have the right to receive respect for their
private and family life, home, and secrecy of the mails and telecommunications
-
All persons have the right to be protected against the abuse of personal data.
Art. 14 Right to Marriage and Family
The right to marry and to have a family is guaranteed.
Art. 15 Freedom of Religion and Philosophy
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The freedom of religion and philosophy is guaranteed.
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All persons have the right to choose their religion or philosophical
convictions freely, and to profess them alone or in community with others.
-
All persons have the right to join or to belong to a religious community, and
to follow religious teachings.
-
No person shall be forced to join or belong to a religious community, to
participate in a religious act, or to follow religious teachings.
Art. 16 Freedom of Opinion and Information
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The freedom of opinion and information is guaranteed.
-
All persons have the right to form, express, and disseminate their opinions
freely.
-
All persons have the right to receive information freely, to gather it from
generally accessible sources, and to disseminate it.
Art. 17 Freedom of the Media
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The freedom of the press, radio and television, and of other
forms of public telecasting of productions and information is guaranteed.
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Censorship is prohibited.
-
Editorial secrecy is guaranteed.
Art. 18 Freedom of Language
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The freedom of language is guaranteed.
Art. 19 Right to Primary Education
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The right to sufficient and free primary education is
guaranteed.
Art. 20 Freedom of Science
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The freedom of scientific research and teaching is guaranteed.
Art. 21 Freedom of Art
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The freedom of art is guaranteed.
Art. 22 Freedom of Assembly
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The freedom of assembly is guaranteed.
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Every person has the right to organize assemblies, to participate in them or
to stay away from them.
Art. 23 Freedom of Association
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The freedom of association is guaranteed.
-
Every person has the right to form associations, to join or to belong to them,
and to participate in their
activities.
-
No person shall be forced to join or to belong to an association.
Art. 24 Freedom of Domicile
1 Swiss citizens have the right to establish their domicile
anywhere within the country.
2 They have the right to leave or to return to Switzerland.
Art. 25 Protection against expulsion, extradition, and
removal by force
1 Swiss citizens may not be expelled from the country; they may
be extradited to a foreign authority only with their consent.
2 Refugees may not be removed by force or
extradited to a state in which they are persecuted.
3 No person shall be removed by force to a state where he or she is threatened
by torture, or another means of
cruel and inhuman treatment or punishment.
Art. 26 Right to property
1 The right to property is guaranteed.
2 Expropriation and restrictions of ownership equivalent to expropriation shall
be fully compensated.
Art. 27
Economic Freedom
1 Economic freedom is guaranteed.
2 It contains particularly the freedom to choose one’s profession, and to
enjoy free access to and free exercise of private economic activity.
Art. 28
Freedom to Unionize
-
Workers, employers,
and their organizations have the right to unionize for the defense of their
interests, to form unions and to join them or to keep out of them.
-
Conflicts shall be
resolved to the extent possible through negotiation and mediation.
-
Strike and lockout are
permitted when they relate to labor relations, and when they are not
contrary to obligations to keep labor peace or to resort to conciliation.
-
Legislation may
prohibit certain categories of persons from striking.
Art. 29 General Procedural Guarantees
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Every person has the right in legal or administrative
proceedings to have the case treated
equally and fairly, and judged within a reasonable time.
-
The parties have the right to be heard.
-
Every person lacking the necessary means has the right to
free legal assistance, unless the case appears to be without any chance of
success. The person has moreover the right to free legal representation,
to the extent that this is necessary to protect the person’s rights.
Art. 29a Guarantee of Legal Proceedings
-
Every person has the right to have legal disputes judged by a
judicial authority. The Confederation and the Cantons may in exceptional cases
exclude judicial proceedings.
-
Adopted in the votation of March 12, 2000, certified as
accurate by decision of the Federal Government of May 17, 2000 and based on
the Federal Decree of October 8, 1999.
Art. 30 Judicial Proceedings
-
Every person whose case must be judged in judicial
proceedings has the right to have this done by a court that is established
by law, has jurisdiction, and is independent and impartial. Exceptional
tribunals are prohibited.
-
A person against whom a civil action is brought has the
right to have the case heard before the court at the person’s domicile.
Legislation may provide for another jurisdiction.
-
The court hearing shall be public, and the judgment shall
be publicly proclaimed.
Legislation may provide for exceptions.
Art. 31 Habeas Corpus
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No person may be deprived of liberty except in the cases
and in the forms provided by statute.
-
All persons deprived of their liberty have the right to be
informed immediately, and in a language that they understand, of the
reasons for their detention, and of their rights. They must have the
opportunity to assert their rights. In particular, they have the right to
have their close relatives informed.
-
Every person taken into preventive detention has the right
to be brought before a judge without delay; the judge shall decide whether
the person shall remain in detention or shall be released. Every person in
preventive detention has the right to be judged within a reasonable time.
-
All persons who are deprived of their liberty without a
trial have the right to seize a court at any time. The court shall decide
as soon as possible whether the detention is legal.
Art. 32 Criminal procedure
-
Every person shall be presumed innocent until the person
is subject to a condemnation having
force of law.
-
Every accused person has the right to be informed as soon
as possible and in full detail of the accusations. The person must have
the opportunity to exercise its means of defense.
-
Every condemned person has the right to have the judgment
reviewed by a higher court. The cases where the Federal Supreme Court sits
as a court of sole instance are reserved.
Art. 33 Right of Petition
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Every person has the right to address petitions to
authorities without suffering prejudice.
-
The authorities must take cognizance of petitions.
Art. 34 Political Rights
-
The political rights are guaranteed.
-
The guarantee of political rights protects the free
formation of opinion by the citizens and the unaltered expression of their
will.
Art. 35 Realization of Fundamental Rights
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The fundamental rights shall be realized in the entire
legal system.
-
Whoever exercises a function of the state must respect the
fundamental rights and contribute to their realization.
-
The authorities shall ensure that the fundamental rights
also be respected in relations among private parties whenever the analogy
is applicable.
Art. 36 Limitations of Fundamental Rights
-
Any limitation of a fundamental right requires a legal
basis. Grave limitations must be expressly foreseen by statute. Cases of
clear and present danger are reserved.
-
Any limitation of a fundamental right must be justified by
public interest, or serve for the protection of fundamental rights of
other persons.
-
Limitations of fundamental rights must be proportionate to
the goals pursued.
-
The essence of fundamental rights is inviolable.
Chapter 2: Citizenship and Political Rights
Art. 37 Citizenships
-
Every person who has the citizenship of a Municipality and
of the Canton to which it belongs, has Swiss citizenship.
-
No person shall enjoy a privilege or suffer prejudice
because of his or her citizenship. Exceptions are possible to regulate
political rights in bourgeoisies and corporations, and provide for
participation in their assets, unless cantonal legislation excludes this.
Art. 38 Acquisition and Loss of Citizenship
-
The Confederation shall regulate the acquisition and the
loss of citizenship through descent, marriage and adoption. Moreover, it
shall regulate the loss of Swiss citizenship on other grounds, and the
reinstatement of citizenship.
-
It shall set minimum requirements for the naturalization
of foreigners by the Cantons, and grant naturalization permits.
-
It shall facilitate the naturalization of stateless
children.
Art. 39 Exercise of Political Rights
-
The Confederation shall regulate the exercise of political
rights in federal matters; the Cantons shall regulate the exercise of these rights in
cantonal and municipal matters.
-
The political rights shall be exercised at the domicile. The
Confederation and the Cantons may foresee exceptions.
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No person shall exercise political rights in more than one
Canton.
-
The Cantons may provide that new domiciliaries may exercise
political rights in cantonal and municipal matters only once a waiting period of
no more than three months has been observed.
Art. 40 Swiss citizens domiciled abroad
-
The Confederation shall encourage links amongst Swiss
citizens domiciled abroad, and their links with Switzerland. It may support organizations
which pursue this goal.
-
It shall legislate on the rights and obligations of Swiss
citizens domiciled abroad, in particular on the exercise of the political rights on the
federal level, the duty to render military or alternative service, assistance to needy
persons, and social security.
Chapter 3: Social Goals
Art. 41
-
The Confederation and the Cantons shall strive to ensure
that, in addition to personal responsibility and private initiative,
a. every person shall benefit from social security;
b. every person shall benefit from necessary health care;
c. the family as a community of adults and children shall be protected and
encouraged;
d. every person capable of working shall sustain himself or herself through
working under fair and adequate conditions;
e. every person looking for housing shall find, for himself or herself and his
or her family, appropriate housing at reasonable conditions;
f. children and young people and people of working age shall benefit from
initial and continuing education according to their abilities;
g. children and young people shall be encouraged in their development to
become independent and socially responsible persons, and they shall be
supported in their social, cultural, and political integration.
-
The Confederation and the Cantons shall strive to ensure that
every person shall be insured against the economic consequences of old age,
disability, illness, accidents, unemployment, maternity, orphanhood, and widowhood.
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They shall strive to realize the social goals within the
framework of their constitutional powers and with the means available to them.
-
No direct subjective right to prestations by the state may be
derived from the social goals.
Title 3: Confederation, Cantons, and Municipalities
Chapter 1: Relationship between the Confederation and the
Cantons
Section 1: Tasks of the Confederation and the Cantons
Art. 42
Tasks of the Confederation
-
1 The Confederation shall accomplish the tasks which are
attributed to it by the Constitution.
-
2 It shall assume the tasks which require uniform regulation.
Art. 43
Tasks of the Cantons
-
The Cantons shall define the tasks which they shall accomplish
within the framework of their powers.
Section 2: Cooperation between the Confederation and the Cantons
Art. 44
Principles
-
The Confederation and the Cantons shall collaborate, and
shall support each other in the fulfillment of their tasks.
-
They owe each other mutual consideration and support. They
shall grant each other administrative and judicial assistance.
-
Disputes between Cantons, or between Cantons, and the
Confederation shall, to the extent
possible, be resolved through negotiation or mediation.
Art. 45
Participation in Federal Decision Making
-
In the cases foreseen by the Federal Constitution, the Cantons
shall participate in the decision-making process on the federal level, in
particular in federal legislation.
-
The Confederation shall inform the Cantons timely and fully of
its plans; it shall consult them if their interests are affected.
Art. 46
Implementation of Federal Law
-
The Cantons shall
implement federal law in conformity with the Constitution and the statute.
-
The Confederation
shall leave the Cantons as large a space of action as possible, and shall
take their particularities into account.
-
The Confederation
shall take into account the financial burden that is associated with
implementing federal law by leaving sufficient sources of financing to the
Cantons, and by ensuring an equitable financial equalization.
Art. 47
Autonomy of the Cantons
The Confederation shall
respect the autonomy of the Cantons.
Art. 48
Intercantonal Treaties
-
The Cantons may enter
into intercantonal treaties, and may create common organizations and
institutions. They may, in particular, join forces to fulfill tasks of
regional interest.
-
The Confederation may
participate in such organizations or institutions within the limits of its
powers.
-
Intercantonal
treaties may not be contrary to the law or the interests of the
Confederation, nor to the rights of other Cantons. The Confederation must be
notified of such treaties.
Art. 49
Supremacy of and Respect for
Federal Law
-
Federal law takes
precedence over contrary cantonal law.
-
The Confederation
shall ensure that the Cantons respect federal law.
Section 3:
Municipalities
Art. 50
-
The autonomy of the
Municipalities is guaranteed within the limits fixed by cantonal law.
-
In its activity, the
Confederation shall take into account the possible consequences for the
Municipalities.
-
In particular, it
shall take into account the special situation of cities, agglomerations, and
mountainous regions.
Section 4: Federal
Guarantees
Art. 51
Cantonal Constitutions
-
Every Canton shall
adopt a democratic constitution. The cantonal constitution must be approved
by the people, and must be subject to revision if a majority of the people
so requires.
-
The cantonal
constitutions must be guaranteed by the Confederation. The Confederation
shall grant this guarantee, if the constitutions are not contrary to federal
law.
Art. 52
Constitutional Order
-
The Confederation
shall protect the constitutional order of the Cantons.
-
It shall intervene if
the inner order of a Canton is disturbed or threatened and cannot be
protected by the Canton alone or with the help of other Cantons.
Art. 53
Existence and Territory of the
Cantons
-
The Confederation
shall protect the existence and the territory of the Cantons.
-
Modifications of the
number of the Cantons or their status are subject to the assent of the
population concerned, of the Cantons concerned, and of the People and the
Cantons.
-
Modifications of the
territory of a Canton are subject to the assent of the population concerned,
of the Cantons concerned, and the assent of the Federal Parliament in the
form of a federal decree.
-
Intercantonal
boundary settlements may be made by treaty between the Cantons concerned.
Chapter 2: Powers
Section 1: Relations
with foreign countries
Art. 54
Foreign Relations
-
Foreign Relations are
a federal matter.
-
The Confederation
shall strive to preserve the independence of Switzerland and its welfare; it
shall, in particular, contribute to alleviate need and poverty in the world,
and to promote respect for human rights, democracy, the peaceful coexistence
of nations, and the preservation of natural resources.
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It shall take into
consideration the powers of the Cantons, and shall protect their interests.
Art. 55 Participation
of the Cantons in Decisions of Foreign Policy
-
The Cantons shall
participate in the preparation of decisions of foreign policy which concern
their powers or their essential interests.
-
The Confederation
shall inform the Cantons timely and fully, and consult them.
-
The position of the
Cantons shall have particular weight when their powers are concerned. In
these cases, the Cantons shall participate in international negotiations as
appropriate.
Art. 56 Relations
between the Cantons and Foreign Countries
-
The Cantons may
conclude treaties with foreign countries within the scope of their powers.
-
These treaties may not
be contrary to the law nor to the interests of the Confederation nor to the
laws of other Cantons. Before concluding a treaty, the Cantons must inform
the Confederation.
-
The Cantons may deal
directly with lower ranking foreign authorities; in other cases, the
relations of the Cantons with foreign countries shall be conducted by the
Confederation acting on their behalf.
Section 2: Security,
National and Civil Defense
Art. 57 Security
-
The Confederation and
the Cantons shall ensure, within the framework of their powers, the security
of the country and the protection of the population.
-
They shall coordinate
their efforts in the field of inner security.
Art. 58 Army
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Switzerland shall have
an army. The army shall be organized, in principle, as a militia.
-
The army shall
contribute to prevent war and to maintain peace; it shall defend the country
and protect its population. It shall lend support to the civil authorities
when they must repel serious threats to internal security or master other
exceptional circumstances.
The statute may provide for further tasks.
-
The use of the army is
a federal matter. The Cantons may engage their troops to maintain public
order on their territory, if the means of the civil authorities no longer
suffice to repel serious threats to inner security.
Art. 59 Military
and Alternative Service
-
Every Swiss man must render military service.
The statute shall provide for an alternative service.
-
For Swiss women, military service is
voluntary.
-
Swiss men who render neither military nor
alternative service owe a tax. The tax is levied by the Confederation and is
assessed and collected by the Cantons.
-
The Confederation shall legislate on fair
compensation for loss of income.
-
Those who render military or alternative
service and thereby suffer health impairment or lose their lives, have the
right for themselves or their relatives to adequate support by the
Confederation.
Art. 60 Organisation,
Instruction, and Equipment of the Army
-
Legislation on the military and on the
organization, the instruction, and the equipment of the army, is a federal
matter.
-
Within the limits of federal law, the Cantons
shall have the power to form cantonal troops, to appoint and to promote
officers of such troops, and to furnish a part of their clothing and
equipment.
-
The Confederation may take over military
installations of the Cantons against fair compensation.
Art. 61 Civil
protection
-
Legislation on civil protection is a federal
matter; civil protection has the purpose of protecting persons and property
against the consequences of armed conflicts.
-
The Confederation shall legislate on the
intervention of civil protection in catastrophes and emergencies.
-
The Confederation may make the civil
protection service compulsory for men. For women, it shall be voluntary.
-
The Confederation shall legislate on fair
compensation for loss of income.
-
Those who render civil protection service and
thereby suffer health impairment or lose their lives, have the right for
themselves or their relatives to adequate support by the Confederation.
Section 3: Education, Research, and Culture
Art. 62 Education
-
Education is a cantonal matter.
-
The Cantons shall ensure a sufficient primary
education open to all children. This education shall be compulsory, and
shall be placed under state direction or supervision.
It shall be free in public schools. The school year shall begin between
mid-August and mid-September.
Art. 63 Professional
Education and Universities
-
The Confederation shall legislate on
professional education.
-
It shall operate technical universities. It
may create, operate, or support other universities and institutions of
higher learning. It may make its support conditional upon taking
coordination measures.
Art. 64 Research
-
The Confederation shall encourage scientific
research.
-
It may make its support conditional, in
particular, upon taking coordination measures.
-
It may create, take over, or operate research
institutions.
Art. 65 Statistics
-
The Confederation shall collect the necessary
statistical data on the status and evolution of the population, the economy,
the society, the territory, and the environment in Switzerland.
-
To facilitate the collection of data, it may
legislate on harmonizing and keeping official registers.
Art. 66 Support of
Education
-
The Confederation may grant subsidies to the
Cantons for the expenses that they may incur for scholarships and for other
assistance towards education.
-
It may, moreover, complement cantonal
measures while respecting cantonal autonomy in school matters, and take its
own measures to encourage education.
Art. 67 Education of
Young People and Adults
-
The Confederation and the Cantons shall, when
fulfilling their tasks, take into account children’s and young people’s
special needs for development and protection.
-
The Confederation may complement cantonal
measures and support the extracurricular work with children and young people
and the education of adults.
Art. 68 Sport
-
The Confederation shall promote sport,
particularly sport education.
-
It shall operate a sport school.
-
It may legislate on youth sport, and may make
sport education in schools compulsory.
Art. 69 Culture
-
The field of culture
is a cantonal matter.
-
The Confederation may
support cultural activities of national interest, and encourage art and
music, in particular in the field of education.
-
In accomplishing its
tasks, it shall take into account the cultural and linguistic diversity of
the country.
Art. 70
Languages
-
The official
languages of the Confederation are German, French, and Italian. Romansh
shall be an official language for communicating with persons of Romansh
language.
-
The Cantons shall
designate their official languages. In order to preserve harmony between
linguistic communities, they shall respect the traditional territorial
distribution of languages, and take into account the indigenous linguistic
minorities.
-
The Confederation and
the Cantons shall encourage understanding and exchange between the
linguistic communities.
-
The Confederation
shall support the plurilingual Cantons in the fulfillment of their
particular tasks.
-
The Confederation
shall support the measures taken by the Cantons of Grisons and Ticino to
maintain and to promote Romansh and Italian.
Art. 71
Film
-
The Confederation may
encourage Swiss film production and film culture generally.
-
It may legislate to
encourage the variety and quality of cinematographic works offered.
Art. 72
Church and State
-
The regulation of the
relationship between church and state is a cantonal matter.
-
The Confederation and
the Cantons may, within the framework of their powers, take measures to
maintain public peace between the members of the various religious
communities.
Section 4: Environment and
Zoning
Art. 73
Sustainable Development
-
The Confederation and
the Cantons shall strive to establish a durable equilibrium between nature,
in particular its capacity to renew itself, and its use by man.
Art. 74 Protection
of the Environment
-
The Confederation
shall legislate on the protection of man and the natural environment against
harm and nuisance.
-
It shall ensure that
such influences are avoided. The polluters shall pay for the costs of
avoidance and removal.
-
The federal
regulations shall be implemented by the Cantons, insofar as the statute does
not reserve this for the Confederation.
Art. 75 Zoning
-
The Confederation
shall establish principles on zoning. Zoning falls to the Cantons, and shall
serve to achieve an appropriate and moderate use of the land and its ordered
inhabitation.
-
The Confederation
shall encourage and coordinate the efforts of the Cantons, and shall
collaborate with them.
-
In fulfilling their
tasks, the Confederation and the Cantons shall take the needs of zoning into
account.
Art. 76 Water
-
Within the limits of
its powers, the Confederation shall ensure the moderate use and the
protection of water resources, and fight harm caused by water.
-
It shall establish
principles on the preservation and use of water reserves, on the use of
water for the production of energy and for cooling purposes, and on other
interventions into the water cycle.
-
It shall legislate on
water protection, on securing sufficient residual water, on hydraulic
engineering, on the safety of dams and on interventions to influence
precipitation.
-
The Cantons shall
dispose of their water resources. Within the limits of federal law, they may
levy dues for water use. The Confederation shall have the right to use water
for its traffic enterprises; it shall pay dues and compensation for this.
-
On rights concerning
international water resources and dues connected with them, the
Confederation shall decide in consultation with the Cantons concerned. If
the Cantons concerned cannot agree on rights to intercantonal water
reserves, the Confederation shall decide.
-
In fulfilling its
tasks, the Confederation shall take into account the interests of the
Cantons from which the water originates.
Art. 77 Forests
-
The Confederation
shall ensure that forests may fulfill their protective, economic and social
functions.
-
It shall establish
principles for the protection of forests.
-
It shall encourage
measures for the conservation of forests.
Art. 78 Nature
and Cultural Heritage
-
The protection of
nature and cultural heritage is a cantonal matter.
-
In fulfilling its
tasks, the Confederation shall take into account the objectives of the
protection of nature and cultural heritage. It shall protect scenery,
localities, historical sites, and natural and cultural monuments; it shall
preserve them untouched if public interest so requires.
-
It may support efforts
towards the protection of nature and cultural heritage, and may, by contract
or by expropriation, acquire or secure objects of national importance.
-
It shall legislate on
the protection of animal and plant life, and on the preservation of their
natural environment and multiplicity. It shall protect endangered species
from extinction.
-
Moors and marshland of
special beauty and national importance shall be protected. No installations
may be built on them, and no alterations of any kind may be made to the
land. An exception is made for installations serving to ensure their
protection or continuation of existing agricultural use.
Art. 79 Fishery
and Hunting
-
The Confederation
shall establish principles on the exercise of fishery and hunting, in
particular to preserve multiplicity of fish, game, and birds.
Art. 80 Protection
of Animals
1 The Confederation shall
legislate on the protection of animals.
2 It shall regulate in
particular:
a. the keeping and care of animals;
b. experiments and intervention on live animals;
c. the use of animals;
d. the importation of animals and animal products;
e. trade in animals and transportation of animals;
f. the slaughter of animals.
3 The federal regulations
shall be implemented by the Cantons, insofar as the statute does not reserve
this for the Confederation.
Section 5: Public Works and Transportation
Art. 81 Public
Works
-
In the interest of
Switzerland or a large part of the country, the Confederation may build and
operate public works, or promote the realization of such works.
Art. 82 Road
Traffic
-
The Confederation
shall legislate on road traffic.
-
It exercises high
supervision over roads of national importance; it may determine which
transit roads must remain open to traffic.
-
The use of public
roads shall be free. The Federal Parliament may authorize exceptions.
Art. 83 National
Highways
-
The Confederation
shall ensure the construction of a network of national highways and the
utilization of these highways.
-
The Cantons shall
build and maintain their national highways according to the rules
established by the Confederation and under its high supervision.
-
The Confederation and
the Cantons shall bear the costs of the national highways jointly. The costs
to be borne by each Canton shall be allocated by taking into account the
burden falling on them due to the national highways, their interest in these
highways, and their financial resources.
Art. 84 Alpine
Transit (with transitory provision)
-
The Confederation
shall protect the alpine regions from the negative effects of transit
traffic. It shall limit the nuisance caused by such traffic to a level which
is not harmful to persons, animals, or plants, or their environment.
-
Transalpine freight in
border-to-border transit shall be transported by rail. The Federal
Government shall take the necessary measures. Exceptions shall be permitted
only if they are inevitable. They shall be specified by statute.
-
The capacity of
transit roads in the alpine regions may not be increased, except for bypass
roads to relieve the pressure of through-traffic in towns and villages.
Art. 85 Charge
on Heavy Goods Traffic
-
The Confederation may
levy a charge on heavy goods traffic related to motor power or consumption.
The charge may only be levied to the extent to which heavy goods traffic
creates public costs which are not already covered by other contributions or
charges.
-
The net revenue from
the charge shall be used to cover costs in connection with road traffic.
-
The Cantons shall
receive portions of the net revenue from the charge. These portions shall be
calculated by taking into account the specific repercussions of the charge
in mountainous and remote regions.
Art. 86 Motor Fuels
Consumption Tax and other Traffic Charges
-
The Confederation may raise a consumption tax
on motor fuels.
-
It shall raise a tax on the use of national
highways by motor vehicles and trailers which are not subject to the heavy
goods traffic charge.
-
It shall use half of the net revenue from the
motor fuels consumption tax and the net revenue from the national highway
tax for the following purposes and costs in connection with road traffic:
a. Construction, maintenance, and operation of national
highways;
b. Measures to promote combined traffic and traffic of
accompanied road vehicles, or to separate railway traffic from road traffic;
c. Contributions towards the construction of main roads;
d. Contributions towards the construction of works of
protection against natural elements,and towards measures of protection of
the environment and scenery made necessary by road traffic;
e. General participation in the financing by the Cantons
of highways open to motor vehicles and to equalization of financial charges
in the field of roads;
f. Contributions to the Cantons without national
highways, and to Cantons with alpine roads serving international traffic.
-
If these means are insufficient, the
Confederation shall raise a surtax on the motor fuels consumption tax.
Art. 87 Rail Traffic
and further Means of Traffic (with transitory provision)
-
Legislation on rail traffic, cable cars,
navigation, aviation, and space travel is a federal matter.
Art. 88 Footpaths and
Hiking Trails
-
The Confederation shall establish principles
on networks of footpaths and hiking trails.
-
It may support measures of the Cantons to
establish and keep such networks, and to coordinate them.
-
In fulfilling its tasks, it shall take into
account networks of footpaths and hiking trails, and shall replace paths and
trails that it must close.
Section 6: Energy and Communication
Art. 89 Energy
Policy
-
Within their powers,
the Confederation and the Cantons shall strive to ensure a sufficient,
diversified, reliable, and economical energy supply compatible with the
protection of the environment, and the economical and efficient use of
energy.
-
The Confederation
shall establish principles on the use of domestic and renewable energy, and
the economical and efficient use of energy.
-
The Confederation
shall legislate on the use of energy for installations, vehicles, and
appliances. It shall promote the development of energy techniques,
particularly in the fields of energy saving and renewable energy.
-
Measures concerning
the use of energy in buildings are primarily a cantonal matter.
-
In its energy policy,
the Confederation shall take into account the efforts of the Cantons, of the
Municipalities, and of economic circles; it shall take into account the
conditions in the various regions, and the limitations of what is
economically feasible.
Art. 90 Nuclear
Energy (with transitory provision)
-
Legislation in the
field of nuclear energy is a federal matter.
Art. 91 Transportation
of Energy
-
The Confederation
shall legislate on the transportation and the supply of electricity.
-
Legislation on
pipelines for the transport of liquid or gaseous fuels is a federal matter.
Art. 92 Postal
and Telecommunication Services
-
Postal and
telecommunication services are a federal matter.
-
The Confederation
shall ensure sufficient and reasonable basic postal and telecommunication
services in all regions. The rates shall be fixed according to uniform
principles.
Art. 93 Radio
and Television
-
Legislation on radio
and television and other forms of public telecasting of features and
information is a federal matter.
-
Radio and Television
shall contribute to education and cultural development, to the free
formation of opinion, and to the entertainment of the listeners and viewers.
They shall take into account the particularities of the country and the
needs of the Cantons. They
shall present events factually, and reflect diverse opinions fairly and
adequately.
-
The independence of
radio and television and the autonomy of their programming are guaranteed.
-
The situation and the
role of other media, in particular the press, shall be taken into account.
-
It shall be possible
to submit complaints about programs to an independent authority.
Section 7: Economy
Art. 94 Principles of
Economic Order
-
The Confederation and the Cantons shall
respect the principle of economic freedom.
-
They shall safeguard the interests of the
national economy and, together with the private sector of the economy,
contribute to the welfare and economic security of the population.
-
Within the limits of their powers, they shall
strive to create favorable conditions for the private sector of the economy.
-
Derogations from the principle of economic
freedom, in particular measures against competition, shall be allowed only
if foreseen by the Federal Constitution or based on cantonal monopolies.
Art. 95 Private
Economic Activity (with transitory provision)
-
The Confederation may legislate on the
exercise of private economic activity.
-
It shall strive to create a unified Swiss
economic area. It shall guarantee that persons having a university education
or a federal or cantonal education certificate or an education certificate
recognized by a Canton may exercise their profession throughout Switzerland.
Art. 96 Competition
Policy
-
The Confederation shall legislate to fight
against economically or socially damaging effects of cartels and other
restrictions of competition.
-
It shall take measures
a. to prevent abuses in price fixing by enterprises and
organizations of private and public law enjoying a dominant position on the
market;
b. against unfair competition.
Art. 97 Consumer
Protection
-
The Confederation
shall take measures for consumer protection.
-
It shall legislate on
the remedies available to consumer organizations. In the field of federal
legislation against unfair competition, these organizations shall have the
same rights as professional and economic associations.
-
The Cantons shall
provide a conciliation procedure or a simple and speedy judicial procedure
for cases below a certain value in dispute. The Federal Government shall
establish this value.
Art. 98 Banking
and Insurance
-
The Confederation
shall legislate on banking and stock exchanges; it shall take into account
the specific task and position of the cantonal banks.
-
It may legislate on
financial services in other fields.
-
It shall legislate on
private insurance.
Art. 99 Monetary
Policy
-
Money and currency are
a federal matter. The Confederation shall have the exclusive right to coin
money and to issue bank notes.
-
As an independent
central bank, the Swiss National Bank shall follow a monetary policy which
serves the general interest of the country; it shall be administered with
the cooperation and under the supervision of the Confederation.
-
The Swiss National
Bank shall create sufficient monetary reserves from its profits; a part of
these reserves shall be held in gold.
-
At least two thirds of
the net profits of the Swiss National Bank shall be credited to the Cantons.
Art. 100 Policy
on Economic Development
-
The Confederation
shall take measures to ensure a balanced economic development and, in
particular, to prevent and fight unemployment and inflation.
-
It shall take into
account the economic development of the various regions. It shall cooperate
with the Cantons and the economic circles.
-
In the fields of
credit and currency, in foreign trade and in public finance, it may, if
necessary, depart from the principle of economic freedom.
-
In their budgetary
policy, the Confederation, Cantons and Municipalities shall take into
account the economic development.
-
In order to stabilize
the economy, the Confederation may temporarily levy surcharges, or grant
rebates on federal taxes and dues. The accumulated funds shall be frozen;
after their release, direct surcharges shall be individually reimbursed, and
indirect surcharges shall be used to grant rebates or to create employment.
-
The Confederation may
oblige businesses to accumulate reserves for the creation of employment; for
this purpose, it shall grant tax privileges, and may also oblige Cantons to
grant such privileges. After the release of the reserves, the businesses
shall be free to decide how to use them within the purposes prescribed by
statute.
Art. 101 Foreign Trade
-
The Confederation shall safeguard abroad the
interests of the Swiss economy.
-
In special cases, it may take measures to
protect the domestic economy. It may, if necessary, depart from the
principle of economic freedom.
Art. 102 Supply of
Essential Goods and Services (with transitory provision)
-
The Confederation shall ensure the country’s
supply of essential goods and services in case of threats of military or
economic war, or of severe shortages which the economy cannot counteract by
itself. It shall take provisional measures.
-
It may, if necessary, depart from the
principle of economic freedom.
Art. 103 Structural
Policy (with transitory provision)
-
The Confederation may support economically
threatened regions and promote branches of the economy and professions, if
the measures of self-help that can reasonably be expected are insufficient
to ensure their existence. It may, if necessary, depart from the principle
of economic freedom.
Art. 104 Agriculture
-
The Confederation shall ensure that
agriculture contributes substantially by way of a sustainable and
market-oriented production.
a. to the secure approvisionment of the population;
b. to the conservation of national resources and the
upkeep of rural scenery;
c. to a decentralized inhabitation of the country.
-
In addition to the measures of self-help that
may reasonably be expected from agriculture and, if necessary, in derogation
of the principle of economic freedom, the Confederation shall promote farms
cultivating the land.
-
It shall conceive the measures in such a way
that agriculture may fulfill its multiple functions. Its powers and tasks
shall particularly be the following:
a. It shall complement agricultural revenues by direct
payments, to secure a fair and adequate remuneration for the services
rendered, provided that compliance with ecological requirements is proven;
b. It shall promote, by way of
economic incentives, forms of production which are particularly close to
nature and friendly to the environment and the animals;
c. It shall legislate on the declaration of origin,
quality, production and processing methods for foodstuffs;
d. It shall protect the environment against pollution due
to excessive use of fertilizers, chemicals and other auxiliary substances;
e. It may encourage agricultural research, counseling,
and education, and subsidize investments;
f. It may legislate on the consolidation of rural
property.
-
To these ends it shall
invest dedicated funds from the agricultural field and general federal
funds.
Art. 105 Alcohol
-
The legislation on the
production, the importation, the refining, and the sale of distilled spirits
is a federal matter. The Confederation shall, in particular, take into
account the harmful effects of the consumption of alcohol.
Art. 106 Gambling
(with transitory provision)
-
Legislation on
gambling and lotteries is a federal matter.
-
A federal license is
required to establish and run a gambling casino. When issuing a federal
license, the Confederation shall take into account regional circumstances
and the dangers of gambling.
-
The Confederation
shall levy from casinos a tax on their revenues; this tax shall not exceed
80 percent of the gross revenues from gambling. It shall be used to cover
the federal subsidy to old age, survivors’, and disability insurance.
-
The licensing of
gambling machines involving an element of skill and where money can be won
is a cantonal matter.
Art. 107 Weapons
and Military Material
-
The Confederation
shall legislate on the misuse of weapons, associated equipment, and
ammunition.
-
It shall legislate on
the production, acquisition, distribution, importation, exportation, and
transit of military material.
Section 8: Housing,
Work, Social Security and Health
Art. 108 Promotion
of Construction and Ownership of Housing
-
The Confederation
shall encourage the construction and the ownership of housing for private
persons’ own use, and the activity of developers and organisations for
social housing.
-
It shall promote, in
particular, the acquisition and development of land, the efficiency of
construction, and the reduction of construction and housing costs.
-
It may legislate on
the development of land for the construction of housing, and on efficiency
in construction.
-
In fulfilling this
task, it shall, in particular, take into account the interests of families
and elderly, needy, and disabled persons.
Art. 109 Landlord
and Tenant
-
The Confederation
shall issue regulations against abuses in the field of landlord and tenant,
particularly against abusive rent, on avoiding abusive notices of
termination, and on the limited extension of tenancies.
-
It may legislate to
confer generally binding effect on general contracts between landlords and
tenants. Contracts may become generally binding only if they take fairly
into account justified minority interests and regional differences, and
respect the principle of equality before the law.
Art. 110 Labor
(with transitory provision)
-
The Confederation may
legislate on:
a. the protection of employees;
b. the relationship between employees and employers, in particular the
common regulation of matters concerning an enterprise or a trade;
c. placement services;
d. conferring generally binding effect on collective labor contracts.
-
Collective labor
contracts may receive generally binding effect only if they take fairly into
account justified minority interests and regional differences, and respect
the principle of equality before the law and the freedom to unionize.
-
August 1 is the
Federal National Day. In labor law, it is assimilated to a Sunday, and paid.
Art. 111 Social
Security
-
The
Confederation shall take measures for an adequate social security for the
elderly, survivors, and disabled
persons. These shall be based on three pillars, namely, federal old age,
survivors’, and disability insurance, employee pension plans, and
provision by individuals for their own future.
-
The Confederation
shall ensure that the federal old age, survivors’, and disability
insurance, and the employee pension plans may fulfill their purpose durably.
-
It may oblige the
Cantons to exempt from taxation the institutions of the federal old age,
survivors’, and disability insurance, and the employee pension plans, and
to grant tax relief to persons insured and their employers for contributions
paid, and entitlements to future benefits.
-
In cooperation with
the Cantons, the Confederation shall encourage individuals to provide for
their own future, particularly by fiscal measures and by policies
encouraging ownership.
Art. 112 Old
age, Survivors’ and Disability Insurance (with
transitory provision)
-
The Confederation
shall legislate on the old age, survivors’, and disability insurance.
-
In doing so, it shall
respect the following principles:
a. The insurance shall be mandatory;
b. The pensions must cover basic living expenses
appropriately;
c. The maximal pension shall not exceed twice the minimal
pension;
d. The pensions shall at least be adapted to the
development of prices.
-
The insurance shall be
financed:
a. by contributions of the insured persons; half the
contributions of employees shall be paid by their employers;
b. by subsidies of the Confederation and, if the statute
so provides, of the Cantons.
-
Together, the
subsidies of the Confederation and the Cantons shall not exceed half the
disbursements.
-
The subsidies of the
Confederation shall be primarily financed by the net proceeds of the tax on
tobacco, the tax on distilled spirits, and the tax on the revenue from the
operation of casinos.
-
The Confederation
shall encourage the integration of disabled persons, and support efforts to
assist the elderly, survivors, and disabled persons. To this end, it may use
the funds of the old age, survivors’, and disability insurance.
Art. 113 Employee
Pension Plans (with transitory provision)
-
The Confederation
shall legislate on employee pension plans.
-
In doing so, it shall
respect the following principles:
a.
Employee pension plans together with the old age, survivors’, and
disability insurance shall ensure appropriately that the previous lifestyle
may be maintained;
b. Employee pension plans shall be mandatory for
employees; the statute may foresee
exceptions;
c. Employers shall insure their employees with a pension
institution. If necessary, the Confederation shall give them the possibility
to insure their employees with a federal pension institution;
d. Self-employed persons may voluntarily insure
themselves with a pension institution;
e. For particular groups of self-employed persons, the
Confederation may declare employee pension plans mandatory, in general or
only for particular risks.
-
Employee pension plans
shall be financed through contributions by the insured persons; at least
half the contribution of employees shall be paid by their employers.
-
Employee pension
institutions must satisfy federal minimum requirements; the
Confederation may provide for nationwide measures to resolve particular
problems.
Art. 114 Unemployment
Insurance
-
The Confederation
shall legislate on unemployment insurance.
-
In doing so, it shall
respect the following principles:
a. The insurance shall guarantee an appropriate
compensation for loss of earnings, and shall support measures to prevent and
fight unemployment;
b. Insurance shall be mandatory for employees; the
statute may provide exceptions;
c. Self-employed persons may voluntarily insure
themselves.
-
The unemployment
insurance shall be financed by the contributions of the insured persons.
Half the contribution of employees shall be paid by their employers.
-
In extraordinary
circumstances, the Confederation and the Cantons shall provide subsidies.
-
The Confederation may
legislate on social assistance to the unemployed.
Art. 115 Assistance
to Needy Persons
-
Needy persons shall be
assisted by the Cantons in which they are domiciled. The Confederation may
provide for exceptions, and shall determine the competent authorities.
Art. 116 Family
Allocations and Maternity Insurance
-
In fulfilling its
tasks, the Confederation shall take into account the needs of the family. It
may support measures to protect the family.
-
It may legislate on
family allocations and operate a federal family compensation fund.
-
It shall institute a
maternity insurance. It may also oblige persons to contribute who cannot
benefit from the insurance.
-
The Confederation may
declare mandatory joining a family compensation fund and maternity insurance
generally or for certain categories of persons, and may make its subsidies
dependent upon fair contributions by the Cantons.
Art. 117 Health
and Accident Insurance
-
The Confederation
shall legislate on health and accident insurance.
-
It may declare
mandatory health and accident insurance generally or for certain categories
of persons.
Art. 118 Protection
of Health
-
Within the limits of
its powers, the Confederation shall take measures for the protection of
health.
-
It shall
legislate on:
a. the use of foodstuffs and of therapeutics, drugs,
organisms, chemicals, and objects which may be dangerous to health;
b. fighting contagious, widespread or particularly
dangerous human and animal diseases;
c. protection against ionizing radiation.
Art. 119 Medical
Assistance to Procreation and Gene Technology in the Human Field
-
Persons shall be
protected against the abuse of medically assisted procreation and gene
technology.
-
The
Confederation shall legislate on the use of human reproductive and genetic
material. It shall ensure the protection of human dignity, of personality,
and of family, and in particular it
shall respect the following principles:
a. All forms of cloning and interference with genetic
material of human reproductive cells and
embryos is prohibited;
b. Non-human reproductive and genetic material may
neither be introduced into nor combined with human reproductive material;
c. Methods of medically assisted procreation may only be
used when sterility or the danger of transmission of a serious illness
cannot be avoided otherwise, but neither in order to induce certain
characteristics in the child nor to conduct research. The fertilization of
human ova outside a woman’s body shall be permitted only under conditions
determined by statute. No more human ova may be developed into embryos
outside a woman’s body than are capable of being immediately implanted
into her;
d. The donation of embryos and all forms of surrogate
maternity are prohibited;
e. No trade may be conducted with human reproductive
material or with any product obtained from embryos;
f. A person’s genetic material may only be analyzed,
registered or disclosed with the consent of that person, or if a statute so
provides;
g. Every person shall have access to the data concerning
his or her ancestry.
Art.119a
4 Medical Transplantation
-
The Confederation
shall legislate in the field of transplantation of organs, tissues, and
cells. It shall safeguard human dignity, personality, and health.
-
It shall in particular
establish principles for the fair distribution of organs.
-
The donation of human
organs, tissues and cells shall be free of charge. Trade in human organs is
prohibited.
Art. 120 Gene
Technology in the Non-Human Field
-
Persons and their
environment shall be protected against abuse of gene technology.
-
The Confederation
shall legislate on the use of the reproductive and genetic material of
animals, plants, and other organisms. In doing so, it shall take into
account the dignity of creation and the security of man, animal and
environment, and shall protect the genetic multiplicity of animal and
vegetal species.
Section 9: Residence and
Domicile of Foreigners
Art. 121
-
Legislation on
immigration, emigration, residence and domicile of foreigners, and on
granting asylum are federal matters.
-
Foreigners who
endanger Switzerland’s security may be removed from Switzerland by force.
Section 10: Civil and
Criminal Law, Weights and Measures
Art. 1225
Civil Law
-
Legislation in the
field of civil law and civil procedure is a federal matter.
-
The organization of
the judiciary and civil justice are cantonal matters unless otherwise
provided by statute.
Art. 1236
Criminal Law
-
Legislation in the
field of criminal law and criminal procedure is a federal matter.
-
The organization of
the judiciary, criminal justice, and execution of criminal penalties and
measures are cantonal matters, unless otherwise provided by statute.
-
The
Confederation may grant subsidies to the Cantons for:
a. the construction of
institutions;
b. the improved carrying out of penalties and measures;
c. the support of institutions that execute educational
measures for children, for young people and for young adults.
Art. 124 Aid
to Victims of Criminal Acts
The Confederation and the
Cantons shall ensure that the victims of criminal acts against the corporal,
mental, or sexual integrity receive assistance and appropriate compensation if,
as a consequence of the criminal act, they suffer financial difficulties.
Art. 125 Weights
and Measures
-
Legislation on weights
and measures is a federal matter.
Chapter 3: Finances
Art. 1267
Budget
-
The Confederation
shall keep its expenditure and receipts in balance in the long term.
-
The maximum of the
total expenditures which may be budgeted shall be determined by the expected
receipts, taking into account the economic situation.
-
In case of
extraordinary payment requirements, the maximum amount according to subs. 2
may be adequately increased. An increase shall be decided by the Federal
Parliament according to art. 159 subs. 3 lit. c.
-
If the total
expenditures recorded in the annual accounts exceed the maximum amount
according to subs. 2 or 3, the excess shall be compensated in the following
years.
-
The details shall be
regulated by statute.
Art. 127 Principles
of Taxation
-
The general principles
of taxation, particularly the circle of taxpayers, and the object of the tax
and its calculation, shall be established by statute.
-
To the extent that the
nature of the tax allows it, the principles of universality and equality of
tax treatment and of taxation according to economic capacity shall be
followed.
-
Intercantonal double
taxation is prohibited. The Confederation shall take the necessary measures.
Art. 128 Direct
Taxes (with transitory provision)
-
The
Confederation may raise a direct tax:
a. of at most 11.5 percent
on the income of natural persons;
b. of at most 9.8 percent on the net profit of legal
entities;
c. of at most .0825 percent on the capital and the
reserves of legal entities.
-
In establishing the
tax scales, the Confederation shall take into account the burden of direct
taxes on the Cantons and the Municipalities.
-
The effect on natural
persons of the shift into higher tax brackets due to inflation shall be
periodically equalized.
-
The Cantons shall
assess and collect the taxes. Three tenths of the gross tax yield shall fall
to the Cantons; at least one sixth of this amount shall be used for
financial equalization among Cantons.
Art. 129 Harmonization
of Taxes
-
The Confederation
shall establish principles on the harmonization of direct taxes of the
Confederation, the Cantons and the Municipalities; it shall take into
account the efforts of the Cantons to harmonize their taxes.
-
The harmonization
shall concern tax liability, tax object, taxation period, and procedural and
criminal law on taxation. Harmonization shall not cover tax scales, tax
rates, and tax-exempt amounts.
-
The Confederation may
issue regulations against arrangements granting unjustified tax advantages.
Art. 130 Value
Added Tax (with transitory provision)
-
The Confederation may
levy a value added tax with a maximum tax rate of 6.5 percent on the supply
of goods and services, including own use, and on imports.
-
5 percent of the tax
yield shall be used for measures in favor of low income groups.
-
If, because of the
development of the age structure, the financing of the old age, survivors’,
and disability insurance is no longer secured, the value added tax rate may
be raised by at most 1 percent point by Federal Statute.8
Art. 131 Special
Consumption Taxes (with transitory provision)
-
The Confederation may
levy special consumption taxes on the following:
a. tobacco and tobacco products;
b. distilled spirits;
c. beer;
d. automobiles and their components;
e. crude, oil, other mineral fuels, natural gas, and
products obtained through refining them, and on motor fuels.
-
It may levy a surtax
on motor fuels.
-
One tenth of the net
yield of the tax on distilled spirits shall be credited to the Cantons.
These funds shall be used to fight the causes and the effects of addiction.
Art. 132 Stamp
and Withholding Taxes (with transitory provision)
-
The Confederation may
levy a stamp tax on securities, on insurance premium receipts, and on other
documents of commerce; documents concerning operations in immovable property
and mortgages shall be exempt from stamp tax.
-
The Confederation may
levy a withholding tax on the revenue from movable capital assets, on
lottery gains, and on insurance benefits.
Art. 133 Customs
Duties
-
Legislation on customs
duties and other levies on trans-border goods traffic is a federal matter.
Art. 134 Exclusion
of Cantonal and Municipal Taxation
-
What federal
legislation subjects to value added tax, to a special consumption tax, to
stamp tax, or to withholding tax, or declares to be exempt from these taxes,
may not be taxed by the Cantons and the Municipalities with taxes of the
same kind.
Art. 135 Financial
Equalization
-
The Confederation
shall promote financial equalization among the Cantons.
-
When granting
subsidies, it shall take into account the financial capacity of the Cantons
and the special situation of the mountainous regions.
Title 4: People and Cantons
Chapter 1: General Provisions
Art. 136 Political
Rights
-
All Swiss citizens who
are 18 years or older, and are not under guardianship because of mental
illness or weakness, shall have political rights in federal matters. All
shall have the same political rights and obligations.
-
They may participate
in elections to the House of Representatives and in federal votations, and
may launch and sign popular initiatives and referenda in federal matters.
Art. 137 Political
Parties
-
The political parties
shall contribute to the forming of the opinion and the will of the People.
Chapter 2: Initiative and Referendum
Art. 138 Popular
Initiative for Total Revision of the Federal Constitution
-
100,000 citizens
entitled to vote may propose a total revision of the Federal Constitution.
-
This proposal shall be
submitted to the vote of the People for its approval.
Art. 139 Popular
Initiative for Partial Revision of the Federal Constitution
-
100 000 citizens
entitled to vote may propose a partial revision of the Federal Constitution.
-
The popular initiative
for a partial revision of the Federal Constitution may be in the form of a
general suggestion or a formulated draft.
-
If an initiative does
not respect the principle of unity of form, the principle of unity of
subject matter, or mandatory rules of international law, the Federal
Parliament shall declare the initiative invalid, in whole or in part.
-
If the Federal
Parliament approves an initiative in the form of a general suggestion, it
shall prepare a partial revision in the sense of the initiative, and submit
it to the vote of the people and the Cantons. If it rejects the initiative,
it shall submit it to the vote of the People; the People shall decide
whether the initiative should be followed.
If the People approves the initiative, the Federal Parliament shall
formulate a corresponding draft.
-
An initiative in the
form of a formulated draft shall be submitted to the vote of the People and
the Cantons. The Federal Parliament shall recommend its approval or its
rejection. If it recommends its rejection, it may submit its own
counter-draft.
-
The People and the
Cantons shall vote simultaneously on the initiative and the counter-draft.
The voters may approve both drafts. They may indicate which draft they
prefer, should both be approved; should one of the drafts obtain the
majority of the People’s votes and the other the majority of the votes of
the Cantons, neither of them shall come into force.
Art. 140 Mandatory
Referendum
-
The following
shall be submitted to the vote of the People and the Cantons:
a. Revisions of the
Federal Constitution;
b. The entry into organizations for collective security
or into supranational communities;
c. Federal Statutes declared urgent which have no
constitutional basis and whose validity exceeds one year; such Federal
Statutes must be submitted to the vote within one year after their adoption
by the Federal Parliament.
-
The following shall be
submitted to the vote of the People:
a. Popular initiatives for total revision of the Federal
Constitution;
b. Popular initiatives for partial revision of the
Federal Constitution in the form of a general suggestion which were rejected
by the Federal Parliament;
c. The question whether a total revision of the
Constitution should be carried out if both Chambers disagree.
Art. 141 Optional
Referendum
The following are
submitted to the vote of the People at the request of 50,000 citizens entitled
to vote, or of eight Cantons:
a. Federal Statutes;
b. Federal Statutes declared urgent with a validity exceeding
one year;
c. Federal decrees to the extent the Constitution or the
statute foresee this;
d. International treaties which:
1. are
of unlimited duration and may not be terminated;
2. provide for the entry into an international organization;
3. involve a multilateral unification of law.
The Federal Parliament may
submit further international treaties to optional referendum.
Art. 142 Required
Majorities
-
Proposals submitted to
the vote of the People shall be accepted if the majority of those voting
approves them.
-
Proposals submitted to
the vote of the People and the Cantons shall be accepted if the majority of
those voting and the majority of the Cantons approve them.
-
The result of a
popular vote in a Canton determines the vote of that Canton.
-
The Cantons of Obwald,
Nidwald, Basel City, Basel Land, Appenzell Outer Rhodes and Appenzell Inner
Rhodes have each one half of a cantonal vote.
Title 5: Federal Authorities
Chapter 1: General Provisions
Art. 143 Eligibility
-
Every Swiss citizen
entitled to vote is eligible for membership in the House of Representatives,
the Federal Government, and the Federal Supreme Court.
Art. 144 Incompatibilities
-
Members of the House
of Representatives, of the Senate, of the Federal Government, and Judges of
the Federal Supreme Court may not at the same time be members of another of
these bodies.
-
The members of the
Federal Government and the full-time judges of the Federal Supreme Court may
not carry out another function of the Confederation or a Canton, nor may
they exercise another gainful activity.
-
The statute may
provide for other incompatibilities.
Art. 145 Term
of Office
-
The members of the
House of Representatives, the Federal Government, and the Chancellor of the
Confederation shall be elected for four years. The judges of the Federal
Supreme Court shall be elected for six years.
Art. 146 Answerability
of the State
-
The Confederation
shall be answerable for damage caused illegally by its organs in the
exercise of their official activities.
Art. 147 Hearings
and Consultations
-
The Cantons, the
political parties, and the interested circles shall be heard in the course
of the preparation of important legislation and other projects of
substantial impact, and on important international treaties.
Chapter 2: Federal Parliament
Section 1: Organisation
Art. 148 Status
-
Subject to the rights
of the People and the Cantons, the Federal Parliament is the highest
authority of the Confederation.
-
It has two Chambers,
the House of Representatives and the Senate; which have equal powers.
Art. 149 Composition
and Election of the House of Representatives
-
The House of
Representatives shall be composed of 200 representatives of the People.
-
The representatives
shall be elected directly by the People according to the system of
proportional representation. The House of Representatives shall be renewed
in full every four years.
-
Each Canton shall form
an electoral district.
-
The seats shall be
distributed among the Cantons in proportion to their population.
Each Canton shall have at least one seat.
Art. 150 Composition
and Election of the Senate
-
The Senate shall
consist of 46 delegates of the Cantons.
-
The Cantons of Obwald,
Nidwald, Basel City, Basel Land, Appenzell Outer Rhodes and Appenzell Inner
Rhodes shall elect one Senator each; the other Cantons shall elect two
Senators.
-
The Cantons shall
regulate the election of their Senators.
Art. 151 Session
Periods
-
The Chambers shall
meet regularly for sessions. The Statute shall regulate the calling of
sessions.
-
One fourth of the
members of a Chamber or the Federal Government may request that the Chambers
be called to an extraordinary session period.
Art. 152 Presidency
Each Chamber shall elect
from its midst for a term of one year, a President, the first Vice-President,
and the second Vice-President. These mandates shall not be renewable for the
following year.
Art. 153 Parliamentary
Commissions
-
Each Chamber shall
appoint commissions from its midst.
-
The statute may
foresee joint commissions.
-
The statute may
delegate certain powers that are not of a legislative nature to commissions.
-
To fulfill their
tasks, the commissions shall have the right to obtain information, to
consult documents, and to conduct inquiries. The statute shall define the
limits of these rights.
Art. 154 Parliamentary
Groups
-
The members of the
Federal Parliament may form parliamentary groups.
Art. 155 Parliamentary
Services
-
The Federal Parliament
shall benefit from parliamentary services. It may call upon the services of
the Federal Administration. The statute shall regulate the modalities.
Section 2: Procedure
Art. 156 Separate
Deliberation
-
The House of
Representatives and the Senate shall deliberate separately.
-
Decisions of the
Federal Parliament shall require the approval of both Chambers.
Art. 157 Joint
Deliberation
-
The House of
Representatives and the Senate shall deliberate in common as the Federal
Parliament in Joint Session under the chairmanship of the President of the
House of Representatives in order to:
a. hold elections;
b. rule on jurisdictional disputes between the highest
federal authorities;
c. to rule on petitions for pardon.
-
The Federal Parliament
in Joint Session shall assemble for special occasions, and to hear
declarations of the Federal Government.
Art. 158 Meetings
to be Public
-
The meetings of the
Chambers shall be public. The Statute may provide for exceptions.
Art. 159 Quorum
and Majority
-
The Chambers may
deliberate validly if the majority of its members are present.
-
The decisions are
taken in both Chambers and in the Federal Parliament in Joint Session by the
majority of those voting.
-
However, the
majority of the members of each Chamber shall be required for the following:
a. The declaration of
urgency of Federal Statutes;
b. Provisions granting subsidies, authorizing credit
lines, and establishing spending ceilings which cause new one-time
expenditures exceeding 20 Million Swiss Francs, or new recurrent
expenditures exceeding 2 Million Swiss Francs; c.9 an increase of the total
expenditures in case of extraordinary payment requirements according to art.
126 subs. 3.
-
The Federal Parliament
may adapt to inflation the amounts according to subs. 3 lit. b. by
ordinance.10
Art. 160 Right
to Initiatives and Motions
-
Every member of the
Federal Parliament, every parliamentary group, every parliamentary
commission, and every Canton, have the right to submit initiatives to the
Federal Parliament.
-
The members of the
Federal Parliament and of the Federal Government may present motions
concerning a proposal under deliberation.
Art. 161 Prohibition
of Instructed Mandates
-
The members of the
Federal Parliament shall vote without instructions.
-
They shall reveal
their links with interest groups.
Art. 162 Immunity
-
The members of the
Federal Parliament and the Federal Government, and the Federal Chancellor
may not be held responsible for their statements in the Chambers and before
parliamentary organs.
-
The statute may
provide for further forms of immunity, and extend them to other persons.
Section 3: Powers
Art. 163 Form
of Laws and Decrees by the Federal Parliament
-
The Federal Parliament
shall enact rules of law in the form of a Federal Statute or ordinance.
-
The other acts shall
use the form of a federal decree. A federal decree not subjected to
referendum shall be called a simple federal decree.
Art. 164 Legislation
-
All important
provisions establishing rules of law must be enacted in the form of Federal
Statutes. These include the fundamental provisions on
a. the exercise of political rights;
b. the restrictions of constitutional rights;
c. the rights and obligations of persons;
d. the circle of tax payers, and the object and the
calculation of taxes;
e. the tasks and services of the Confederation;
f. the obligations of the Cantons when implementing and
executing federal law;
g. the organization and the procedure of federal
authorities.
-
A Federal Statute may
delegate the power to legislate unless this is excluded by the Federal
Constitution.
Art. 165 Urgent
Legislation
-
A Federal Statute
whose coming into force tolerates no delay, may be declared urgent by the
majority of each Chamber and put into force immediately. It must be limited
in time.
-
If a referendum is
demanded against an urgent Federal Statute, it shall lapse one year after
its adoption by the Federal Parliament, unless it is approved by the People
within that period.
-
An urgent Federal
Statute that has no constitutional basis shall lapse one year after its
adoption by the Federal Parliament, unless it was adopted within that period
by the People and the Cantons. It must be limited in time.
-
An urgent Federal
Statute that was not adopted in a votation may not be renewed.
Art. 166 Foreign
Relations and International Treaties
-
The Federal Parliament
shall participate in shaping foreign policy, and shall supervise foreign
relations.
-
It shall approve
international treaties, with the exception of those which by statute or
international treaty are within the powers of the Federal Government.
Art. 167 Finances
-
The Federal
Parliament shall decide on federal spending, shall adopt the budget, and
shall approve the federal accounts.
Art. 168 Elections
-
The Federal Parliament
shall elect the members of the Federal Government, the Federal Chancellor,
the judges of the Federal Supreme Court, and the General.
-
The Statute may
empower the Federal Parliament to carry out further elections or to confirm
appointments.
Art. 169 High
Supervision
-
The Federal Parliament
shall exercise the high supervision over the Federal Government, the Federal
Administration, the Federal Courts and the other organs entrusted with tasks
of the Confederation.
-
Official secrecy shall
not be opposable to those special delegations of supervisory commissions
that are appointed as provided by Statute.
Art. 170 Evaluation
of Efficacy
-
The Federal Parliament
shall ensure that the efficacy of measures taken by the Confederation is
evaluated.
Art. 171 Mandates
to the Federal Government
-
The Federal Parliament
may confer mandates to the Federal Government. The statute shall regulate
the modalities, and, in particular, the instruments which the Federal
Parliament may use to influence matters within the powers of the Federal
Government.
Art. 172 Relations
between the Confederation and the Cantons
-
The Federal Parliament
shall maintain the relations between the Confederation and the Cantons.
-
It shall guarantee the
cantonal constitutions.
-
It shall decide
whether to approve intercantonal treaties and treaties between Cantons and
foreign countries, should the Federal Government or a Canton raise an
objection.
Art. 173 Further
Tasks and Powers
-
The Federal
Parliament shall further have the following tasks and powers:
a. It shall take measures to safeguard the
external security, the independence, and
the neutrality of Switzerland;
b. It shall take measures to secure the inner
security;
c. If extraordinary circumstances so require, it may
issue ordinances or simple federal
decrees to fulfill the tasks according to letters a and b;
d. It shall order active military service, and to
this end, shall mobilize all or part of the army.
e. It shall take measures to enforce federal law;
f. It shall decide on the validity of popular
initiatives that meet the formal requirements;
g. It shall cooperate in important planning of
state activities;
h. It shall decide on individual acts, if a
Federal Statute so provides expressly;
i. It shall decide conflicts or jurisdiction
between the highest federal authorities;
k. It shall decide on petitions for pardon and
declare amnesties.
-
The Federal Parliament
shall moreover deal with all subjects that are within the powers of the
Confederation, and are not attributed to another federal authority.
-
The Statute may assign
other tasks and powers to the Federal Parliament.
Chapter 3: Federal Government and Federal Administration
Section 1: Organisation and Procedure
Art. 174 Federal
Government
-
The Federal Government
is the highest governing and executive authority of the Confederation.
Art. 175 Composition
and Election
-
The Federal Government
shall consist of seven members.
-
The members of the
Federal Government shall be elected by the Federal Parliament after each
full renewal of the House of Representatives.
-
They shall be elected
among the Swiss citizen eligible for membership in the House of
Representatives for four years.
-
Care shall be taken
that the various geographical and language regions be adequately
represented.
Art. 176 Presidency
-
The President of the
Confederation shall chair the Federal Government.
-
The Federal Parliament
shall elect, for a term of one year, one of the members of the Federal
Government as President of the Confederation, and another as Vice-President
of the Federal Government.
-
These mandates may not
be renewed for the following year. The President of the Confederation shall
not be eligible to be Vice-President for the following year.
Art. 177 Principle
of Collective Authority and Division into Departments
-
The Federal Government
shall take its decisions as a collective body.
-
For the preparation
and implementation of the decisions, the matters of the Federal Government
shall be distributed amongst its members according to Departments.
-
Matters shall be
entrusted to Departments or administrative units subordinated to them to be
settled directly; in such cases, the right of recourse to a remedy shall be
guaranteed.
Art. 178 Federal
Administration
-
The Federal Government
shall direct the Federal Administration. It shall ensure its efficient
organization and the effective fulfillment of its tasks.
-
The Federal
Administration shall be divided into Departments; each Department shall be
directed by one member of the Federal Government.
-
The statute may
attribute administrative tasks to organizations and persons of public or
private law outside the Federal Administration.
Art. 179 Federal
Chancery
-
The Federal Chancery
is the general staff of the Federal Government. It shall be directed by a
Federal Chancellor.
Section 2: Powers
Art. 180 Government
Policy
-
The Federal Government
shall determine the goals and the means of its government policy. It shall
plan and coordinate the activities of the state.
-
It shall inform the
public timely and fully of its activity, unless preponderant public or
private interests prevent this.
Art. 181 Initiative
-
The Federal Government
shall submit to the Federal Parliament drafts of its legislation.
Art. 182 Legislation
and Implementation
-
The Federal Government
shall legislate in the form of ordinances, insofar as the Constitution or
the statute empower it to do so.
-
It shall ensure the
implementation of statutes, of decrees of the Federal Parliament, and of
judgments of the federal judiciary.
Art. 183 Finances
-
The Federal Government
shall prepare the financing plan, draft the budget and establish the federal
accounts.
-
It shall ensure
correct financial management.
Art. 184 Foreign
Relations
-
The Federal Government
shall conduct foreign relations safeguarding the Federal Parliament’s
participation rights; it shall represent Switzerland abroad.
-
It shall sign treaties
and ratify them. It shall submit them to the Federal Parliament for
approval.
-
When the safeguard of
the interests of the country so require, the Federal Government may issue
ordinances and orders. Ordinances must be limited in time.
Art. 185 External
and Inner Security
-
The Federal Government
shall take measures to secure the external security, the independence, and
the neutrality of Switzerland.
-
It shall take measures
to safeguard the inner security.
-
It may base itself
directly on the present article to issue ordinances and orders to obviate
existing or imminent great disturbances of the public order, the external or
the inner security. Such ordinances shall be limited in time.
-
In urgent cases, it
may mobilize troops. If it mobilizes more than 4000 members of the armed
forces for active duty, or if the mobilization for active duty is expected
to last more than three weeks, the Federal Parliament must be convened
without delay.
Art. 186 Relations
between the Confederation and the Cantons
-
The Federal Government
shall entertain the relations between the Confederation and the Cantons, and
shall collaborate with the Cantons.
-
It shall approve
cantonal legislation where the implementation of federal law so requires.
-
It may raise
objections against treaties amongst the Cantons, or between Cantons and
foreign countries.
-
It shall ensure the
implementation of federal law, cantonal constitutions, and intercantonal
treaties, and shall take the necessary measures.
Art. 187 Further
Tasks and Powers
-
The Federal Government
shall further have the following tasks and powers:
a. It shall
supervise the Federal Administration and the other organizations or persons
entrusted with tasks of the Confederation;
b. It shall regularly inform the Federal Parliament of
its activity and on the state
of the country;
c. It shall carry out the appointments that are not in
the powers of other authorities;
d. It shall decide on remedies where the statute so
provides.
-
The statute may
attribute further tasks and powers to the Federal Government.
Chapter 4: 13
Federal Supreme Court and
other Judicial Authorities
Art. 188 Position
of Federal Supreme Court
-
The Federal Supreme
Court is the highest federal judicial authority.
-
Its organization and
its procedure shall be regulated by statute.
-
The Federal Supreme
Court shall provide for its own administration.
Art. 189 Jurisdiction
of Federal Supreme Court
-
The Federal Supreme
Court shall have jurisdiction over violations of:
a. federal law;
b. public international law;
c. intercantonal law;
d. cantonal constitutional rights;
e. autonomy of municipalities, and other guarantees
granted by the Cantons to public corporate bodies;
f. federal and cantonal provisions and political rights.
-
It shall judge public
law disputes between the Confederation and the Cantons or amongst Cantons.
-
The statute may
provide for further grounds for jurisdiction of the Federal Supreme Court.
-
Enactments of the
Federal Parliament and of the Federal Government cannot be challenged before
the Swiss Federal Supreme Court. Exceptions may be provided for by statute.
Art. 190 Applicable
Law
-
The Federal Supreme
Court and the other authorities applying the law shall follow the federal
statutes and international law.
Art. 191 Access
to Federal Supreme Court
-
Legislation shall
guarantee access to the Federal Supreme Court.
-
For disputes that do
not concern a legal question of fundamental importance, it may provide for a
threshold sum.
-
For certain subject
matters access to the Federal Supreme Court may be excluded by statute.
-
For manifestly
unjustified complaints the statute may provide for a simplified procedure.
Art. 191a
Further Federal Judicial Authorities
-
The Confederation
shall provide for a federal criminal court which shall judge as a trial
court criminal cases that are subject by statute to federal jurisdiction.
The statute may pro vide for further grounds for jurisdiction of the Federal
Criminal Court.
-
The Confederation
shall provide for federal judicial authorities to judge disputes of public
law arising within the administrative jurisdiction of the Federal
Administration.
-
Further federal
judicial authorities may be established by statute.
Art. 191b
Cantonal Judicial Authorities
-
The Cantons shall
establish cantonal judicial authorities to judge civil and public law
disputes and criminal cases.
-
They may establish
common judicial authorities.
Art. 191c
Independence of the Judiciary
-
All judicial
authorities shall be independent in their judicial activity and bound by law
only.
Title 6: Revision of the Federal
Constitution and Temporal Provisions
Chapter 1: Revision
Art. 192 Principle
-
The Federal
Constitution may be subjected to a total or a partial revision at any time.
-
Where the Federal
Constitution and implementing legislation do not provide otherwise, the
revision shall follow the legislative process.
Art. 193 Total
Revision
-
A total revision of
the Federal Constitution may be proposed by the People or by one of the
Chambers, or may be decreed by the Federal Parliament.
-
If the initiative
emanates from the People or if the Chambers disagree, the People shall
decide whether a total revision shall be undertaken.
-
Should the People
accept a total revision, both Chambers shall be newly elected.
-
The mandatory
provisions of international law may not be violated.
Art. 194 Partial
Revision
-
A partial revision of
the Federal Constitution may be requested by the People, or be decreed by
the Federal Parliament.
-
A partial revision
must respect the principle of the unity of subject matter; it may not
violate the mandatory provisions of international law.
-
A popular initiative
for partial revision must, moreover, respect the principle of the unity of
form.
Art. 195 Entry
into Force
-
The Constitution
revised in total or in part shall enter into force as soon as it is accepted
by the People and the Cantons.
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