يقول رسول الله صلى الله عليه وآله وسلم : أتاني جبريل عليه السلام فقال يا محمد : إن أمتك مختلفة بعدك . قال : فقلت له : فأين المخرج يا جبريل ، فقال : كتاب الله تعالى به يقصم الله كل جبار ، من اعتصم به نجا ، ومن تركه هلك ، قال وفيه قول فصل ، وليس بالهزل ، لا تختلقه الألسن ، ولا تفنى أعاجيبه . فيه نبأ ما كان من قبلكم ، وفصل ما بينكم ، وخبر ما هو كائن بعدكم . ))

الموقع الشخصي
لأعمال الدكتور
راتب عبد الوهاب السمان
info@kitabuallah.com

الدستور السويسري

1

English is not an official language of the Swiss Confederation. This translation is

provided for information purposes only and has no legal force.

Federal Constitution

of the Swiss Confederation

of 18 April 1999 (Status as of 1 January 2011)

Preamble

In the name of Almighty God!

The Swiss People and the Cantons,

mindful of their responsibility towards creation,

resolved to renew their alliance so as to strengthen liberty, democracy, independence

and peace in a spirit of solidarity and openness towards the world,

determined to live together with mutual consideration and respect for their diversity,

conscious of their common achievements and their responsibility towards future

generations,

and in the knowledge that only those who use their freedom remain free, and that the

strength of a people is measured by the well-being of its weakest members;

adopt the following Constitution1:

Title One: General Provisions

Art. 1 The Swiss Confederation

The People and the Cantons of Zurich, Bern, Lucerne, Uri, Schwyz, Obwalden and

Nidwalden, Glarus, Zug, Fribourg, Solothurn, Basel Stadt and Basel Landschaft,

Schaffhausen, Appenzell Ausserrhoden and Appenzell Innerrhoden, St. Gallen,

Graubünden, Aargau, Thurgau, Ticino, Vaud, Valais, Neuchâtel, Geneva, and Jura

form the Swiss Confederation.

Art. 2 Aims

1 The Swiss Confederation shall protect the liberty and rights of the people and

safeguard the independence and security of the country.

AS 2007 5225

1 Adopted by the popular vote of 18 April 1999 (Federal Decree of 18 Dec. 1998, Federal

Council Decree of 11 Aug. 1999 - AS 1999 2556; BBl 1997 I 1, 1999 162 5986).

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2 It shall promote the common welfare, sustainable development, internal cohesion

and cultural diversity of the country.

3 It shall ensure the greatest possible equality of opportunity among its citizens.

4 It shall be committed to the long term preservation of natural resources and to a

just and peaceful international order.

Art. 3 Cantons

The Cantons are sovereign except to the extent that their sovereignty is limited by

the Federal Constitution. They shall exercise all rights that are not vested in the

Confederation.

Art. 4 National languages

The National Languages are German, French, Italian, and Romansh.

Art. 5 Rule of law

1 All activities of the state shall be based on and limited by law.

2 State activities must be conducted in the public interest and be proportionate to the

ends sought.

3 State institutions and private persons shall act in good faith.

4 The Confederation and the Cantons shall respect international law.

Art. 5a2 Subsidiarity

The principle of subsidiarity must be observed in the allocation and performance of

state tasks.

Art. 6 Individual and collective responsibility

All individuals shall take responsibility for themselves and shall, according to their

abilities, contribute to achieving the tasks of the state and society.

Title Two: Fundamental Rights, Citizenship and Social Goals

Chapter One: Fundamental Rights

Art. 7 Human dignity

Human dignity must be respected and protected.

2 Approved in the popular vote on 28 Nov 2004, in force since 1 Jan. 2008

(Federal Council Decree of 3 Oct 2003, Federal Council Decree of 26 Jan. 2005, Federal

Council Decree of 7 Nov. 2007 – AS 2007 5765 5771; BBl 2002 2291, 2003 6591,

2005 951).

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Art. 8 Equality before the law

1 Everyone shall be equal before the law.

2 No one may be discriminated against, in particular on grounds of origin, race,

gender, age, language, social position, way of life, religious, ideological, or political

convictions, or because of a physical, mental or psychological disability.

3 Men and women shall have equal rights. The law shall ensure their equality, both

in law and in practice, most particularly in the family, in education, and in the workplace.

Men and women shall have the right to equal pay for work of equal value.

4 The law shall provide for the elimination of inequalities that affect persons with

disabilities.

Art. 9 Protection against arbitrary conduct and principle of good faith

Everyone has the right to be treated by state authorities in good faith and in a nonarbitrary

manner.

Art. 10 Right to life and to personal freedom

1 Everyone has the right to life. The death penalty is prohibited.

2 Everyone has the right to personal liberty and in particular to physical and mental

integrity and to freedom of movement.

3 Torture and any other form of cruel, inhuman or degrading treatment or punishment

are prohibited.

Art. 11 Protection of children and young people

1 Children and young people have the right to the special protection of their integrity

and to the encouragement of their development.

2 They may personally exercise their rights to the extent that their power of judgement

allows.

Art. 12 Right to assistance when in need

Persons in need and unable to provide for themselves have the right to assistance and

care, and to the financial means required for a decent standard of living.

Art. 13 Right to privacy

1 Everyone has the right to privacy in their private and family life and in their home,

and in relation to their mail and telecommunications.

2 Everyone has the right to be protected against the misuse of their personal data.

Art. 14 Right to marry and to have a family

The right to marry and to have a family is guaranteed.

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Art. 15 Freedom of religion and conscience

1 Freedom of religion and conscience is guaranteed.

2 Everyone has the right to choose freely their religion or their philosophical convictions,

and to profess them alone or in community with others.

3 Everyone has the right to join or to belong to a religious community, and to follow

religious teachings.

4 No one 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 expression and of information

1 Freedom of expression and of information is guaranteed.

2 Everyone has the right freely to form, express, and impart their opinions.

3 Everyone has the right freely to receive information to gather it from generally

accessible sources and to disseminate it.

Art. 17 Freedom of the media

1 Freedom of the press, radio and television and of other forms of dissemination of

features and information by means of public telecommunications is guaranteed.

2 Censorship is prohibited.

3 The protection of sources is guaranteed.

Art. 18 Freedom to use any language

The freedom to use any language is guaranteed.

Art. 19 Right to primary school education

The right to an adequate and free primary school education is guaranteed.

Art. 20 Academic freedom

Freedom of research and teaching is guaranteed.

Art. 21 Freedom of artistic expression

Freedom of artistic expression is guaranteed.

Art. 22 Freedom of assembly

1 Freedom of assembly is guaranteed.

2 Everyone has the right to organise meetings and to participate or not to participate

in meetings.

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Art. 23 Freedom of association

1 Freedom of association is guaranteed.

2 Everyone has the right to form, join or belong to an association and to participate

in the activities of an association.

3 No one may be compelled to join or to belong to an association.

Art. 24 Freedom of domicile

1 Swiss citizens have the right to establish their domicile anywhere in the country.

2 They have the right to leave or to enter Switzerland.

Art. 25 Protection against expulsion, extradition and deportation

1 Swiss citizens may not be expelled from Switzerland and may only be extradited to

a foreign authority with their consent.

2 Refugees may not be deported or extradited to a state in which they will be persecuted.

3 No one may be deported to a state in which they face the threat of torture or any

other form of cruel or inhumane treatment or punishment.

Art. 26 Guarantee of ownership

1 The right to own property is guaranteed.

2 The compulsory purchase of property and any restriction on ownership that is

equivalent to compulsory purchase shall be compensated in full.

Art. 27 Economic freedom

1 Economic freedom is guaranteed.

2 Economic freedom includes in particular the freedom to choose an occupation as

well as the freedom to pursue a private economic activity.

Art. 28 Right to form professional associations

1 Employees, employers and their organisations have the right to join together in

order to protect their interests, to form associations and to join or not to join such

associations.

2 Disputes must wherever possible be resolved through negotiation or mediation.

3 Strikes and lock outs shall be permitted if they relate to employment relations and

if they do not contravene any requirements to preserve peaceful employment relations

or to conduct conciliation proceedings.

4 The law may prohibit certain categories of person from taking strike action.

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Art. 29 General procedural guarantees

1 Everyone has the right to equal and fair treatment in judicial and administrative

proceedings and to have their case decided within a reasonable time.

2 Each party to a case has the right to be heard.

3 Anyone who does not have sufficient means has the right to free legal advice and

assistance unless their case appears to have no prospect of success. If it is necessary

in order to safeguard their rights, they also have the right to free legal representation

in court.

Art. 29a3 Guarantee of access to the courts

In a legal dispute, everyone has the right to have their case determined by a judicial

authority. The Confederation and the Cantons may by law preclude the determination

by the courts of certain exceptional categories of case.

Art. 30 Judicial proceedings

1 Anyone whose case falls to be judicially decided has the right to have their case

heard by a legally constituted, competent, independent and impartial court. Ad hoc

courts are prohibited.

2 Unless otherwise provided by law, anyone against whom civil proceedings have

been raised has the right to have their case decided by a court within the jurisdiction

in which they reside.

3 Unless the law provides otherwise, court hearings and the delivery of judgments

shall be in public.

Art. 31 Deprivation of liberty

1 No one may be deprived of their liberty other than in the circumstances and in the

manner provided for by the law.

2 Anyone deprived of their liberty has the right to be notified without delay and in a

language they can understand of the reasons for their detention and of their rights.

They must be given the opportunity to exercise their rights, in particular, the right to

have their next-of-kin informed.

3 Anyone in pre-trial detention has the right to be brought before a court without

delay. The court shall decide whether the person must remain in detention or be

released. Anyone in pre-trial detention has the right to have their case decided within

a reasonable time.

3 Adopted by the popular vote on 12 March 2000, in force since 1 Jan. 2007 (Federal

Decree of 8 Oct. 1999, Federal Council Decree of 17 May 2000, Federal Decree of

8 March 2005 – AS 2002 3148, 2006 1059; BBl 1997 I 1, 1999 8633, 2000 2990,

2001 4202).

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4 Anyone who has been deprived of their liberty by a body other than a court has the

right to have recourse to a court at any time. The court shall decide as quickly as

possible on the legality of their detention.

Art. 32 Criminal proceedings

1 Everyone is presumed innocent until they have been found guilty by a legally

enforceable judgment.

2 Every accused person has the right to be notified as quickly and comprehensively

as possible of the charge brought against them. They must be given the opportunity

to assert their rights to a proper defence.

3 Every convicted person has the right to have their conviction reviewed by a higher

court, with the exception of cases in which the Federal Supreme Court sits at first

instance.

Art. 33 Right of petition

1 Everyone has the right, without prejudice, to petition the authorities.

2 The authorities must acknowledge receipt of such petitions.

Art. 34 Political rights

1 Political rights are guaranteed.

2 The guarantee of political rights protects the freedom of the citizen to form an

opinion and to give genuine expression to his or her will.

Art. 35 Upholding of fundamental rights

1 Fundamental rights must be upheld throughout the legal system.

2 Whoever acts on behalf of the state is bound by fundamental rights and is under a

duty to contribute to their implementation.

3 The authorities shall ensure that fundamental rights, where appropriate, apply to

relationships among private persons.

Art. 36 Restrictions on fundamental rights

1 Restrictions on fundamental rights must have a legal basis. Significant restrictions

must have their basis in a federal act. The foregoing does not apply in cases of

serious and immediate danger where no other course of action is possible.

2 Restrictions on fundamental rights must be justified in the public interest or for the

protection of the fundamental rights of others.

3 Any restrictions on fundamental rights must be proportionate.

4 The essence of fundamental rights is sacrosanct.

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Chapter 2: Citizenship and Political Rights

Art. 37 Citizenship

1 Anyone who is a citizen of a commune and of the Canton to which that commune

belongs is a Swiss citizen.

2 No one shall be given preferential treatment or suffer prejudice because of their

citizenship. The foregoing does not apply to regulations on political rights in citizens’

communes and corporations or to participation in the assets thereof, unless

cantonal legislation provides otherwise.

Art. 38 Acquisition and deprivation of citizenship

1 The Confederation shall regulate the acquisition and deprivation of citizenship by

birth, marriage or adoption. It shall also regulate the deprivation of Swiss citizenship

on other grounds, together with the reinstatement of citizenship.

2 It shall legislate on the minimum requirements for the naturalisation of foreign

nationals by the Cantons and grant naturalisation permits.

3 It shall enact simplified regulations on the naturalisation of stateless children.

Art. 39 Exercise of political rights

1 The Confederation shall regulate the exercise of political rights in federal matters,

and the Cantons shall regulate their exercise at cantonal and communal matters.

2 Political rights are exercised in the commune in which a citizen resides, although

the Confederation and the Cantons may provide for exceptions.

3 No one may exercise their political rights contemporaneously in more than one

Canton.

4 A Canton may provide that a person newly registered as a resident may exercise

the right to vote in cantonal and communal matters only after a waiting period of a

maximum of three months of permanent settlement.

Art. 40 The Swiss abroad

1 The Confederation shall encourage relations among the Swiss abroad and their

relations with Switzerland. It may support organisations that pursue this objective.

2 It shall legislate on the rights and obligations of the Swiss abroad, in particular in

relation to the exercise of political rights in the Confederation, the fulfilment of the

obligation to perform military or alternative service, welfare support and social

security.

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Chapter 3: Social Objectives

Art. 41

1 The Confederation and the Cantons shall, as a complement to personal responsibility

and private initiative, endeavour to ensure that:

a. everyone has access to social security;

b. everyone has access to the health care that they require;

c. families are protected and encouraged as communities of adults and children;

d. everyone who is fit to work can earn their living by working under fair conditions;

e. anyone seeking accommodation for themselves and their family can find

suitable accommodation on reasonable terms;

f. children and young people as well as persons of employable age can obtain

an education and undergo basic and advanced training in accordance with

their abilities;

g. children and young people are encouraged to develop into independent and

socially responsible people and are supported in their social, cultural and political

integration.

2 The Confederation and Cantons shall endeavour to ensure that everyone is protected

against the economic consequences of old-age, invalidity, illness, accident,

unemployment, maternity, being orphaned and being widowed.

3 They shall endeavour to achieve these social objectives within the scope of their

constitutional powers and the resources available to them.

4 No direct right to state benefits may be established on the basis of these social

objectives.

3rd Title: Confederation, Cantons and Communes

Chapter 1: Relations between the Confederation and the Cantons

Section 1: Duties of the Confederation and the Cantons

Art. 42 Duties of the Confederation

1 The Confederation shall fulfil the duties that are assigned to it by Federal Constitution.

2 ...4

4 Repealed by the popular vote on 28. Nov. 2004, with effect from 1 Jan. 2008

(Federal Decree of 3 Oct. 2003, Federal Council Decree of 26 Jan. 2005, Federal Council

Decree of 7 Nov. 2007 – AS 2007 5765 5771; BBl 2002 2291, 2003 6591, 2005 951).

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Art. 43 Duties of the Cantons

The Cantons shall decide on the duties that they must fulfil within the scope of their

powers.

Art. 43a5 Principles for the allocation and fulfilment of state tasks

1 The Confederation shall only undertake tasks that the Cantons are unable to perform

or which require uniform regulation by the Confederation.

2 The collective body that benefits from a public service shall bear the costs thereof.

3 The collective body that bears the costs of a public service may decide on the

nature of that service.

4 Universally provided services must made be available to everyone in a comparable

manner.

5 State tasks must be fulfilled economically and in accordance with demand.

Section 2: Cooperation between the Confederation and the Cantons

Art. 44 Principles

1 The Confederation and the Cantons shall support each other in the fulfilment of

their duties and shall generally cooperate with each other.

2 They owe each other a duty of consideration and support. They shall provide each

other with administrative assistance and mutual judicial assistance.

3 Disputes between Cantons or between Cantons and the Confederation shall wherever

possible be resolved by negotiation or mediation.

Art. 45 Participation in federal decision-making

1 In the cases specified by the Federal Constitution, the Cantons shall participate in

the federal decision making process, and in particular in the legislative process.

2 The Confederation shall inform the Cantons of its intentions fully and in good

time. It shall consult the Cantons where their interests are affected.

Art. 46 Implementation of federal law

1 The Cantons shall implement federal law in accordance with the Federal Constitution

and federal legislation.

5 Approved in the popular vote on 28 Nov 2004, in force since 1 Jan. 2008

(Federal Council Decree of 3 Oct 2003, Federal Council Decree of 26 Jan. 2005, Federal

Council Decree of 7 Nov. 2007 – AS 2007 5765 5771; BBl 2002 2291, 2003 6591,

2005 951).

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2 The Confederation and the Cantons may together agree that the Cantons should

achieve specific goals in the implementation of federal law and may to this end

conduct programmes that receive financial support from the Confederation.6

3 The Confederation shall allow the Cantons all possible discretion to organise their

own affairs and shall take account of cantonal particularities.7

Art. 47 Autonomy of the Cantons

1 The Confederation shall respect the autonomy of the Cantons.

2 It shall leave the Cantons sufficient tasks of their own and respect their organisational

autonomy. It shall leave the Cantons with sufficient sources of finance and

contribute towards ensuring that they have the financial resources required to fulfil

their tasks.8

Art. 48 Intercantonal agreements

1 The Cantons may enter into agreements with each other and establish common

organisations and institutions. In particular, they may jointly undertake tasks of

regional importance together.

2 The Confederation may participate in such organisations or institutions within the

scope of its powers.

3 Agreements between Cantons must not be contrary to the law, to the interests of

the Confederation or to the rights of other Cantons. The Confederation must be

notified of such agreements.

4 The Cantons may by intercantonal agreement authorise intercantonal bodies to

issue legislative provisions that implement an intercantonal agreement, provided the

agreement:

a. has been approved under the same procedure that applies to other legislation;

b. determines the basic content of the provisions.9

6 Approved in the popular vote on 28 Nov 2004, in force since 1 Jan. 2008

(Federal Council Decree of 3 Oct 2003, Federal Council Decree of 26 Jan. 2005, Federal

Council Decree of 7 Nov. 2007 – AS 2007 5765 5771; BBl 2002 2291, 2003 6591,

2005 951).

7 Approved in the popular vote on 28 Nov 2004, in force since 1 Jan. 2008

(Federal Council Decree of 3 Oct 2003, Federal Council Decree of 26 Jan. 2005, Federal

Council Decree of 7 Nov. 2007 – AS 2007 5765 5771; BBl 2002 2291, 2003 6591,

2005 951).

8 Approved in the popular vote on 28 Nov 2004, in force since 1 Jan. 2008

(Federal Council Decree of 3 Oct 2003, Federal Council Decree of 26 Jan. 2005, Federal

Council Decree of 7 Nov. 2007 – AS 2007 5765 5771; BBl 2002 2291, 2003 6591,

2005 951).

9 Approved in the popular vote on 28 Nov 2004, in force since 1 Jan. 2008

(Federal Council Decree of 3 Oct 2003, Federal Council Decree of 26 Jan. 2005, Federal

Council Decree of 7 Nov. 2007 – AS 2007 5765 5771; BBl 2002 2291, 2003 6591,

2005 951).

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5 The Cantons shall comply with intercantonal law.10

Art. 48a11 Declaration of general application and requirement of participation

1 At the request of interested Cantons, the Confederation may declare intercantonal

agreements to be generally binding or require Cantons to participate in intercantonal

agreements in the following fields:

a. the execution of criminal penalties and measures;

b.12 school education in the matters specified in Article 62 paragraph 4;

c.13 cantonal institutions of higher education;

d. cultural institutions of supra-regional importance;

e. waste management;

f. waste water treatment;

g. urban transport;

h. advanced medical science and specialist clinics;

i. institutions for the rehabilitation and care of invalids.

2 A declaration of general application shall be made in the form of a federal decree.

3 The law shall specify the requirements for a declaration of general application and

for a participation requirement and regulate the procedure.

Art. 49 Precedence of and compliance with federal law

1 Federal law shall take precedence over any conflicting provision of cantonal law.

2 The Confederation shall ensure that the Cantons comply with federal law.

Section 3: Communes

Art. 50

1 The autonomy of the communes shall be guaranteed in accordance with cantonal

law.

10 Approved in the popular vote on 28 Nov 2004, in force since 1 Jan. 2008

(Federal Council Decree of 3 Oct 2003, Federal Council Decree of 26 Jan. 2005, Federal

Council Decree of 7 Nov. 2007 – AS 2007 5765 5771; BBl 2002 2291, 2003 6591,

2005 951).

11 Approved in the popular vote on 28 Nov 2004, in force since 1 Jan. 2008

(Federal Council Decree of 3 Oct 2003, Federal Council Decree of 26 Jan. 2005, Federal

Council Decree of 7 Nov. 2007 – AS 2007 5765 5771; BBl 2002 2291, 2003 6591,

2005 951).

12 Adopted by the popular vote of 21 May 2006 (Federal Decree of 16 Dec. 2005, Federal

Council Decree of 27 July 2006 - AS 2006 3033; BBl 2005 5479 5547 7273, 2006 6725).

13 Adopted by the popular vote of 21 May 2006 (Federal Decree of 16 Dec. 2005, Federal

Council Decree of 27 July 2006 - AS 2006 3033; BBl 2005 5479 5547 7273, 2006 6725).

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2 The Confederation shall take account in its activities of the possible consequences

for the communes.

3 In doing so, it shall take account of the special position of the cities and urban

areas as well as the mountain regions.

Section 4: Federal Guarantees

Art. 51 Cantonal constitutions

1 Each Canton shall adopt a democratic constitution. This requires the approval of

the People and must be capable of being revised if the majority of those eligible to

vote so request.

2 Each cantonal constitution shall require the guarantee of the Confederation. The

Confederation shall guarantee a constitution provided it is not contrary to federal

law.

Art. 52 Constitutional order

1 The Confederation shall protect the constitutional order of the Cantons.

2 It shall intervene when public order in a Canton is disrupted or under threat and the

Canton in question is not able to maintain order alone or with the aid of other Cantons.

Art. 53 Number and territory of the Cantons

1 The Confederation shall protect the existence and territory of the Cantons.

2 Any change in the number of Cantons requires the consent of the citizens and the

Cantons concerned together with the consent of the People and the Cantons.

3 Any change in territory between Cantons requires the consent both of the Cantons

concerned and of their citizens as well as the approval of the Federal Assembly in

the form of a Federal Decree.

4 Inter-cantonal boundary adjustments may be made by agreement between the

Cantons concerned.

Chapter 2: Powers

Section 1: Relations with Foreign States

Art. 54 Foreign relations

1 Foreign relations are the responsibility of the Confederation.

2 The Confederation shall ensure that the independence of Switzerland and its welfare

is safeguarded; it shall in particular assist in the alleviation of need and poverty

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in the world and promote respect for human rights and democracy, the peaceful coexistence

of peoples as well as the conservation of natural resources.

3 It shall respect the powers of the Cantons and protect their interests.

Art. 55 Participation of the Cantons in foreign policy decisions

1 The Cantons shall be consulted on foreign policy decisions that affect their powers

or their essential interests.

2 The Confederation shall inform the Cantons fully and in good time and shall consult

with them.

3 The views of the Cantons are of particular importance if their powers are affected.

In such cases, the Cantons shall participate in international negotiations in an appropriate

manner.

Art. 56 Relations between the Cantons and foreign states

1 A Canton may conclude treaties with foreign states on matters that lie within the

scope of its powers.

2 Such treaties must not conflict with the law or the interests of the Confederation, or

with the law of any other Cantons. The Canton must inform the Confederation

before concluding such a treaty.

3 A Canton may deal directly with lower ranking foreign authorities; in other cases,

the Confederation shall conduct relations with foreign states on behalf of a Canton.

Section 2: Security, National Defence, Civil Defence

Art. 57 Security

1 The Confederation and the Cantons shall within the scope of their powers ensure

the security of the country and the protection of the population.

2 They shall coordinate their efforts in the area of internal security.

Art. 58 Armed forces

1 Switzerland shall have armed forces. In principle, the armed forces shall be organised

as a militia.

2 The armed forces shall serve to prevent war and to maintain peace; they shall

defend the country and its population. They shall support the civilian authorities in

safeguarding the country against serious threats to internal security and in dealing

with exceptional situations. Further duties may be provided for by law.

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3 The deployment of the armed forces shall be the responsibility of the Confederation.

14

Art. 59 Military service and alternative service

1 Every Swiss man is required to do military service. Alternative civilian service

shall be provided for by law.

2 Military service shall be voluntary for Swiss women.

3 Any Swiss man who does not do military or alternative service shall be liable to

pay a tax. This tax shall be levied by the Confederation and assessed and collected

by the Cantons.

4 The Confederation shall legislate for fair compensation for loss of income.

5 Persons who suffer damage to their health or lose their lives while doing military

or alternative civilian service shall be entitled to appropriate support from the Confederation,

whether for themselves or for their next of kin.

Art. 60 Armed forces organisation, training and equipment

1 Armed forces legislation, together with the organisation, training and equipment of

the armed forces, shall be the responsibility of the Confederation.

2 ...15.

3 The Confederation may, in return for appropriate compensation, take over the

running of cantonal military installations

Art. 61 Civil defence

1 The legislation on the civil defence of persons and property against the effects of

armed conflicts shall be the responsibility of the Confederation.

2 The Confederation shall legislate on the deployment of civil defence units in the

event of disasters and emergencies.

3 It may declare civil defence service to be compulsory for men. For women, such

service shall be voluntary.

4 The Confederation shall legislate on fair compensation for loss of income.

5 Persons who suffer damage to their health or lose their lives while doing civil

defence service shall be entitled to appropriate support from the Confederation,

whether for themselves or for their next of kin.

14 Approved in the popular vote on 28 Nov 2004, in force since 1 Jan. 2008

(Federal Council Decree of 3 Oct 2003, Federal Council Decree of 26 Jan. 2005, Federal

Council Decree of 7 Nov. 2007 – AS 2007 5765 5771; BBl 2002 2291, 2003 6591,

2005 951).

15 Repealed by the popular vote on 28 Nov 2004, with effect from 1 Jan. 2008

(Federal Council Decree of 3 Oct 2003, Federal Council Decree of 26 Jan. 2005, Federal

Council Decree of 7 Nov. 2007 – AS 2007 5765 5771; BBl 2002 2291, 2003 6591,

2005 951).

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Section 3: Education, Research and Culture

Art. 61a16 Swiss Education Area

1 The Confederation and the Cantons shall, within the scope of their powers, jointly

ensure the high quality and accessibility of the Swiss Education Area.

2 They shall coordinate their efforts and ensure their cooperation through joint

administrative bodies and other measures.

3 They shall ensure in the fulfilment of their duties17 that general and vocational

courses of study achieve equal recognition in society.

Art. 62 School education

1 The Cantons shall be responsible for the system of school education.

2 They shall ensure the provision of an adequate primary school education that is

available to all children. Primary school education shall be mandatory and be managed

or supervised by the state. At state schools it shall be free of charge.18

3 The Cantons shall ensure that adequate special needs education is provided to all

children and young people with disabilities up to the age of 20.19

4 Where harmonisation of school education is not achieved by means of coordination

in the areas of school entry age and compulsory school attendance, the duration and

objectives of levels of education, and the transition for one level to another, as well

as the recognition of qualifications, the Confederation shall issue regulations to

achieve such harmonisation.20

5 The Confederation shall regulate the start of the school year.21

6 The Cantons shall participate in the drafting of federal legislation on school education

that affects cantonal responsibilities, and special account shall be taken of their

opinions.22

16 Adopted by the popular vote of 21 May 2006 (Federal Decree of 16 Dec. 2005, Federal

Council Decree of 27 July 2006 - AS 2006 3033; BBl 2005 5479 5547 7273, 2006 6725).

17 Revised by the Editing Committee of the Federal Assembly, Art. 58 para. 1 ParlA

(SR 171.10).

18 Adopted by the popular vote of 21 May 2006 (Federal Decree of 16 Dec. 2005, Federal

Council Decree of 27 July 2006 - AS 2006 3033; BBl 2005 5479 5547 7273, 2006 6725).

19 Approved in the popular vote on 28 Nov 2004, in force since 1 Jan. 2008

(Federal Council Decree of 3 Oct 2003, Federal Council Decree of 26 Jan. 2005, Federal

Council Decree of 7 Nov. 2007 – AS 2007 5765 5771; BBl 2002 2291, 2003 6591,

2005 951).

20 Adopted by the popular vote of 21 May 2006 (Federal Decree of 16 Dec. 2005, Federal

Council Decree of 27 July 2006 - AS 2006 3033; BBl 2005 5479 5547 7273, 2006 6725).

21 Adopted by the popular vote of 21 May 2006 (Federal Decree of 16 Dec. 2005, Federal

Council Decree of 27 July 2006 - AS 2006 3033; BBl 2005 5479 5547 7273, 2006 6725).

22 Adopted by the popular vote of 21 May 2006 (Federal Decree of 16 Dec. 2005, Federal

Council Decree of 27 July 2006 - AS 2006 3033; BBl 2005 5479 5547 7273, 2006 6725).

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Art. 6323 Vocational and professional education and training

1 The Confederation shall issue regulations on vocational and professional education

and training.

2 It shall encourage the provision of a diverse and accessible range of courses in

vocational and professional education and training.

Art. 63a24 Higher education institutions

1 The Confederation shall manage the Federal Institutes of Technology. It may

establish, take over or manage additional universities and other higher education

institutions.

2 It shall support the cantonal universities and may make financial contributions to

other higher education institutions that it recognises.

3 The Confederation and the Cantons shall be jointly responsible for the coordination

and guarantee of quality in Swiss higher education. In fulfilling this responsibility,

they shall take account of the autonomy of the universities and the various bodies

responsible for them and ensure the equal treatment of institutions with the same

functions.

4 In order to fulfil their duties, the Confederation and the Cantons shall enter into

agreements and delegate certain powers to joint administrative authorities. The law

shall regulate the powers that may be delegated, and determine the principles governing

the organisation of and procedures for coordination.

5 If the Confederation and the Cantons fail to reach their common goals by means of

coordination, the Confederation shall issue regulations on levels of studies and the

transition from one level to another, on postgraduate education and on the recognition

of institutions and qualifications. In addition, the Confederation may impose

standard funding principles for subsidising of universities, and may make subsidies

contingent on universities sharing particularly cost-intensive activities.

Art. 64 Research

1 The Confederation shall promote scientific research and innovation25.

2 It may make its support conditional in particular on quality assurance and coordination

being guaranteed.26

3 It may establish, take over or run research institutes.

23 Adopted by the popular vote of 21 May 2006 (Federal Decree of 16 Dec. 2005, Federal

Council Decree of 27 July 2006 - AS 2006 3033; BBl 2005 5479 5547 7273, 2006 6725).

24 Adopted by the popular vote of 21 May 2006 (Federal Decree of 16 Dec. 2005, Federal

Council Decree of 27 July 2006 - AS 2006 3033; BBl 2005 5479 5547 7273, 2006 6725).

25 Adopted by the popular vote of 21 May 2006 (Federal Decree of 16 Dec. 2005, Federal

Council Decree of 27 July 2006 – AS 2006 3033; BBl 2005 5479 5547 7273, 2006 6725).

26 Adopted by the popular vote of 21 May 2006 (Federal Decree of 16 Dec. 2005, Federal

Council Decree of 27 July 2006 – AS 2006 3033; BBl 2005 5479 5547 7273, 2006 6725).

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Art. 64a27 Continuing education and training

1 The Confederation shall specify principles governing continuing education and

training.

2 It may promote continuing education and training.

3 The law shall specify the fields of and the criteria for such promotion.

Art. 65 Statistics

1 The Confederation shall compile the necessary statistical data on the status and

trends in the population, the economy, society, education, research, the land and the

environment in Switzerland.28

2 It may issue regulations on the harmonisation and maintenance of official registers

in order to reduce the cost of compiling data.

Art. 66 Education grants29

1 The Confederation may contribute to cantonal expenditure on grants provided to

students at universities and higher education institutions. It may encourage the

intercantonal harmonisation of education grants and lay down principles for the

payment of education grants.30

2 It may also supplement cantonal measures while preserving cantonal autonomy in

education matters by taking its own measures to promote education.

Art. 67 Encouragement of children and young people31

1 In fulfilling their duties, the Confederation and Cantons shall take account of the

special need of children and young people to receive encouragement and protection.

2 The Confederation may supplement cantonal measures by supporting extracurricular

work with children and young people.32

Art. 68 Sport

1 The Confederation shall encourage sport, and in particular education in sport.

2 It shall operate a sports school.

27 Adopted by the popular vote of 21 May 2006 (Federal Decree of 16 Dec. 2005, Federal

Council Decree of 27 July 2006 - AS 2006 3033; BBl 2005 5479 5547 7273, 2006 6725).

28 Adopted by the popular vote of 21 May 2006 (Federal Decree of 16 Dec. 2005, Federal

Council Decree of 27 July 2006 – AS 2006 3033; BBl 2005 5479 5547 7273, 2006 6725).

29 Adopted by the popular vote of 21 May 2006 (Federal Decree of 16 Dec. 2005, Federal

Council Decree of 27 July 2006 - AS 2006 3033; BBl 2005 5479 5547 7273, 2006 6725).

30 Adopted by the popular vote of 21 May 2006 (Federal Decree of 16 Dec. 2005, Federal

Council Decree of 27 July 2006 - AS 2006 3033; BBl 2005 5479 5547 7273, 2006 6725).

31 Adopted by the popular vote of 21 May 2006 (Federal Decree of 16 Dec. 2005, Federal

Council Decree of 27 July 2006 - AS 2006 3033; BBl 2005 5479 5547 7273, 2006 6725).

32 Adopted by the popular vote of 21 May 2006 (Federal Decree of 16 Dec. 2005, Federal

Council Decree of 27 July 2006 - AS 2006 3033; BBl 2005 5479 5547 7273, 2006 6725).

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3 It may issue regulations on sport for young people and declare the teaching of sport

in schools to be compulsory.

Art. 69 Culture

1 Cultural matters shall be a cantonal responsibility.

2 The Confederation may support cultural activities of national interest as well as art

and music, in particular in the field of education.

3 In the fulfilment of its duties, it shall take account of the cultural and linguistic

diversity of the country.

Art. 70 Languages

1 The official languages of the Confederation shall be German, French and Italian.

Romansh shall also be an official language of the Confederation when communicating

with persons who speak Romansh.

2 The Cantons shall decide on their official languages. In order to preserve harmony

between linguistic communities, the Cantons shall respect the traditional territorial

distribution of languages and take account of indigenous linguistic minorities.

3 The Confederation and the Cantons shall encourage understanding and exchange

between the linguistic communities.

4 The Confederation shall support the plurilingual Cantons in the fulfilment of their

special duties.

5 The Confederation shall support measures by the Cantons of Graubünden and

Ticino to preserve and promote the Romansh and the Italian languages.

Art. 71 Cinema

1 The Confederation may encourage Swiss film production and film culture.

2 It may issue regulations to promote the diversity and the quality of the cinematographic

works that are offered.

Art. 72 Church and state

1 The regulation of the relationship between the church and the state shall be the

responsibility of the Cantons.

2 The Confederation and the Cantons may within the scope of their powers take

measures to preserve public peace between the members of different religious communities.

3 The construction of minarets is prohibited.33

33 Approved in the popular vote on 29 Nov. 2009, in force since 29 Nov. 2009

(Federal Decree of 12 June 2009, Federal Council Decree of 5 May 2010 –

AS 2010 2161; BBl 2008 6851 7603, 2009 4381, 2010 3437).

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Section 4: Environment and Spatial Planning

Art. 73 Sustainable development

The Confederation and the Cantons shall endeavour to achieve a balanced and

sustainable relationship between nature and its capacity to renew itself and the

demands placed on it by the population.

Art. 74 Protection of the environment

1 The Confederation shall legislate on the protection of the population and its natural

environment against damage or nuisance.

2 It shall ensure that such damage or nuisance is avoided. The costs of avoiding or

eliminating such damage or nuisance shall be borne by those responsible for causing

it.

3 The Cantons shall be responsible for the implementation of the relevant federal

regulations, except where the law reserves this duty for the Confederation.

Art. 75 Spatial planning

1 The Confederation shall lay down principles on spatial planning. These principles

shall be binding on the Cantons and serve to ensure the appropriate and economic

use of the land and its properly ordered settlement.

2 The Confederation shall encourage and coordinate the efforts of the Cantons and

shall cooperate with them.

3 Confederation and Cantons shall in the fulfilment of their duties take account of

the requirements of spatial planning.

Art. 75a34 National Land Survey

1 The National Land Survey shall be the responsibility of the Confederation.

2 The Confederation shall issue regulations on official surveying.

3 It may issue regulations on the harmonisation of official information relating to the

land.

Art. 76 Water

1 The Confederation shall within the scope of its powers ensure the economic use

and the protection of water resources and provide protection against the harmful

effects of water.

34 Approved in the popular vote on 28 Nov 2004, in force since 1 Jan. 2008

(Federal Council Decree of 3 Oct 2003, Federal Council Decree of 26 Jan. 2005, Federal

Council Decree of 7 Nov. 2007 – AS 2007 5765 5771; BBl 2002 2291, 2003 6591,

2005 951).

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2 It shall lay down principles on the conservation and exploitation of water resources,

the use of water for the production of energy and for cooling purposes, as

well as on other measures affecting the water-cycle.

3 It shall legislate on water protection, on ensuring appropriate residual flow, on

hydraulic engineering and the safety of dams, and on measures that influence precipitation.

4 The Cantons shall manage their water resources. They may levy charges for the use

of water, subject to the limits imposed by federal legislation. The Confederation has

the right to use water for its transport operations subject to payment of a charge and

compensation.

5 The Confederation, in consultation with the Cantons concerned, shall decide on

rights to international water resources and the charges for them. If Cantons are

unable to agree on rights to intercantonal water resources, the Confederation shall

decide.

6 The Confederation shall in the fulfilment of its duties take account of the concerns

of the Cantons where the water originates.

Art. 77 Forests

1 The Confederation shall ensure that the forests are able to fulfil their protective,

commercial and public amenity functions.

2 It shall lay down principles on the protection of the forests.

3 It shall encourage measures for the conservation of the forests.

Art. 78 Protection of natural and cultural heritage

1 The protection of natural and cultural heritage shall be the responsibility of the

Cantons.

2 In the fulfilment of its duties, the Confederation shall take account of concerns for

the protection of natural and cultural heritage. It shall protect the countryside and

places of architectural, historical, natural or cultural interest; it shall preserve such

places intact if required to do so in the public interest.

3 It may support efforts made for the protection of natural and cultural heritage and

acquire or preserve properties of national importance by contract or through compulsory

purchase.

4 It shall legislate on the protection of animal and plant life and on the preservation

of their natural habitats and their diversity. It shall protect endangered species from

extinction.

5 Moors and wetlands of special beauty and national importance shall be preserved.

No buildings may be built on them and no changes may be made to the land, except

for the construction of facilities that serve the protection of the moors or wetlands or

their continued use for agricultural purposes.

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Art. 79 Fishing and hunting

The Confederation shall lay down principles on fishing and hunting and in particular

on the preservation of the diversity of fish species, wild mammals and birds.

Art. 80 Protection of animals

1 The Confederation shall legislate on the protection of animals.

2 It shall in particular regulate:

a. the keeping and care of animals;

b. experiments on animals and procedures carried out on living animals;

c. the use of animals;

d. the import of animals and animal products;

e. the trade in animals and the transport of animals;

f. the slaughter of animals.

3 The enforcement of the regulations shall be the responsibility of the Cantons,

except where the law reserves this to the Confederation.

Section 5: Public Construction Works and Transport

Art. 81 Public Construction Works

The Confederation may in the interests of the country as a whole or a large part of it

carry out and operate public construction works, or provide support for such construction

works.

Art. 82 Road transport

1 The Confederation shall legislate on road transport.

2 It shall exercise supervisory control over roads of national importance; it may

decide which transit roads must remain open to traffic.

3 Public roads may be used free of charge. The Federal Assembly may authorise

exceptions.

Art. 83 National roads

1 The Confederation shall ensure the construction of a network of motorways and

shall guarantee that they remain useable.

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2 The Confederation shall construct, operate and maintain the national roads. It shall

bear the costs thereof. It may assign this task wholly or partly to public or private

bodies or combined public-private bodies.35

3 ...36

Art. 84 Alpine transit traffic*

1 The Confederation shall protect the Alpine region from the negative effects of

transit traffic. It shall limit the nuisance caused by transit traffic to a level that is not

harmful to people, animals and plants or their habitats.

2 Transalpine goods traffic shall be transported from border to border by rail. The

Federal Council shall take the measures required. Exceptions shall be permitted only

when there is no alternative. They must be specified in detail in a federal act.

3 The capacity of the transit routes in the Alpine region must not be increased. This

does not apply to by-pass roads that reduce the level of transit traffic in towns and

villages.

Art. 85 Heavy vehicle charge*

1 The Confederation may levy a capacity or mileage-related charge on heavy vehicle

traffic where such traffic creates public costs that are not covered by other charges or

taxes.

2 The net revenue from the charge shall be used to cover the costs incurred in connection

with the road traffic.

3 The Cantons shall be entitled to a share of the net revenue. In the assessment of the

shares allocated, the particular consequences that levying the charge have for mountainous

and remote regions shall be taken into account.

Art. 86 Consumption tax on motor fuels and other traffic taxes

1 The Confederation may levy a consumption tax on motor fuels.

2 It shall levy a charge for the use of the motorways by motor vehicles and trailers

that are not liable to pay the heavy vehicle charge.

35 Approved in the popular vote on 28 Nov 2004, in force since 1 Jan. 2008

(Federal Council Decree of 3 Oct 2003, Federal Council Decree of 26 Jan. 2005, Federal

Council Decree of 7 Nov. 2007 – AS 2007 5765 5771; BBl 2002 2291, 2003 6591,

2005 951).

36 Repealed by the popular vote on 28 Nov 2004, in force since 1 Jan. 2008

(Federal Council Decree of 3 Oct 2003, Federal Council Decree of 26 Jan. 2005, Federal

Council Decree of 7 Nov. 2007 – AS 2007 5765 5771; BBl 2002 2291, 2003 6591,

2005 951).

* With transitional provision

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3 It shall use half of the net proceeds from the consumption tax on all motor fuels,

with the exception of aircraft fuels, and the net revenue from the motorways charge

for the following tasks and costs in connection with road traffic:37

a. the construction, maintenance and operation of motorways;

b.38 measures to encourage combined transport and the transport of motor vehicles

and drivers;

bbis.39 measures to improve the transport infrastructure in cities and urban areas;

c.40 contributions towards the cost of main roads;

d. contributions towards protective structures to prevent natural disasters and

measures to protect the environment and countryside from the effects of road

traffic;

e.41 general contributions towards the costs incurred by the Cantons for roads

open to motor vehicles

f.42 contributions to Cantons without motorways.

3bis It shall use half of the net proceeds from the consumption tax on aircraft fuels for

the following tasks and costs in connection with air traffic:

a. contributions towards environmental protection measures made necessary by

air traffic;

b. contributions towards security measures to protect against unlawful acts

against air traffic, and in particular against terrorist attacks and the hijacking

of aircraft, insofar as such measures are not the responsibility of national authorities;

37 Approved in the popular vote on 29 Nov. 2009, in force since 29 Nov. 2009

(Federal Decree of 3 Oct. 2008, Federal Council Decree of 5 May 2010 – AS 2010 2159;

BBl 2007 6373, 2008 8231, 2010 3437).

38 Approved in the popular vote on 28 Nov 2004, in force since 1 Jan. 2008

(Federal Council Decree of 3 Oct 2003, Federal Council Decree of 26 Jan. 2005, Federal

Council Decree of 7 Nov. 2007 – AS 2007 5765 5771; BBl 2002 2291, 2003 6591,

2005 951).

39 Approved in the popular vote on 28 Nov 2004, in force since 1 Jan. 2008

(Federal Council Decree of 3 Oct 2003, Federal Council Decree of 26 Jan. 2005, Federal

Council Decree of 7 Nov. 2007 – AS 2007 5765 5771; BBl 2002 2291, 2003 6591,

2005 951).

40 Approved in the popular vote on 28 Nov 2004, in force since 1 Jan. 2008

(Federal Council Decree of 3 Oct 2003, Federal Council Decree of 26 Jan. 2005, Federal

Council Decree of 7 Nov. 2007 – AS 2007 5765 5771; BBl 2002 2291, 2003 6591,

2005 951).

41 Approved in the popular vote on 28 Nov 2004, in force since 1 Jan. 2008

(Federal Council Decree of 3 Oct 2003, Federal Council Decree of 26 Jan. 2005, Federal

Council Decree of 7 Nov. 2007 – AS 2007 5765 5771; BBl 2002 2291, 2003 6591,

2005 951).

42 Approved in the popular vote on 28 Nov 2004, in force since 1 Jan. 2008

(Federal Council Decree of 3 Oct 2003, Federal Council Decree of 26 Jan. 2005, Federal

Council Decree of 7 Nov. 2007 – AS 2007 5765 5771; BBl 2002 2291, 2003 6591,

2005 951).

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c. contributions towards measures to ensure a high technical level of safety in

air traffic.43

4 If these resources are insufficient for the tasks and costs in connection with road

and air traffic, then the Confederation shall levy a surcharge on the consumption tax

on the fuels concerned.44

Art. 87 Railways and other modes of transport*

The legislation on rail transport, cableways, shipping, aviation and space travel shall

be the responsibility of the Confederation.

Art. 88 Footpaths and hiking trails

1 The Confederation shall lay down principles with regard to the network of footpaths

and hiking trails.

2 It may support and coordinate cantonal measures to construct and maintain such

networks.

3 It shall take account of the network of footpaths and hiking trails in the fulfilment

of its duties and shall replace paths and trails that it has to close.

Section 6: Energy and Communications

Art. 89 Energy policy

1 Within the scope of their powers, the Confederation and Cantons shall endeavour

to ensure a sufficient, diverse, safe, economic and environmentally sustainable

energy supply as well as the economic and efficient use of energy.

2 The Confederation shall establish principles on the use of local and renewable

energy sources and on the economic and efficient use of energy.

3 The Confederation shall legislate on the use of energy by installations, vehicles and

appliances. It shall encourage the development of energy technologies, in particular

in the fields of saving energy and the renewable energy sources.

4 The Cantons shall be primarily responsible for measures relating to the use of

energy in buildings.

5 The Confederation shall take account in its energy policy of the efforts made by the

Cantons, the communes and the business community; it shall take account of the

43 Approved in the popular vote on 29 Nov. 2009, in force since 29 Nov. 2009

(Federal Decree of 3 Oct. 2008, Federal Council Decree of 5 May 2010 – AS 2010 2159;

BBl 2007 6373, 2008 8231, 2010 3437).

44 Approved in the popular vote on 29 Nov. 2009, in force since 29 Nov. 2009

(Federal Decree of 3 Oct. 2008, Federal Council Decree of 5 May 2010 – AS 2010 2159;

BBl 2007 6373, 2008 8231, 2010 3437).

* With transitional provision

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conditions in the individual regions of the country and the limitations of what is

economically feasible.

Art. 90 Nuclear energy*

The Confederation shall be responsible for legislation in the field of nuclear energy.

Art. 91 Transport of energy

1 The Confederation shall legislate on the transport and the supply of electrical

energy.

2 The Confederation shall be responsible for legislation on transmission and distribution

systems for the transport of liquid or gaseous fuels.

Art. 92 Postal and telecommunications services

1 The Confederation shall be responsible for postal and telecommunications services.

2 The Confederation shall ensure the adequate, universal and reasonably priced

provision of postal and telecommunications services in all regions of the country.

The rates shall be fixed according to standard principles.

Art. 93 Radio and television

1 The Confederation shall be responsible for legislation on radio and television as

well as on other forms of public broadcasting of features and information.

2 Radio and television shall contribute to education and cultural development, to the

free shaping of opinion and to entertainment. They shall take account of the particularities

of the country and the needs of the Cantons. They shall present events accurately

and allow a diversity of opinions to be expressed appropriately.

3 The independence of radio and television as well as their autonomy in deciding on

programming shall be guaranteed.

4 Account must be taken of the role and duties of other media, in particular the press.

5 Complaints about programmes may be submitted to an independent complaints

authority.

Section 7: The Economy

Art. 94 Principles of the economic system

1 The Confederation and the Cantons shall abide by the principle of economic freedom.

* With transitional provision

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2 They shall safeguard the interests of the Swiss economy as a whole and, together

with the private sector, shall contribute to the welfare and economic security of the

population.

3 They shall endeavour to create favourable general conditions for the private sector

in accordance with their responsibilities.

4 Any divergence from the principle of economic freedom, and in particular measures

designed to restrain competition, shall be permitted only if they are provided for

in the Federal Constitution or based on cantonal monopoly rights.

Art. 95 Professional activities in the private sector*

1 The Confederation may legislate on professional activities in the private sector.

2 It shall seek to create a unified Swiss economic area. It shall guarantee that persons

with an academic qualification or with a federal or cantonal educational qualification

or an educational qualification recognised by a Canton are able to practise their

profession throughout Switzerland.

Art. 96 Competition policy

1 The Confederation shall legislate against the damaging effects in economic or

social terms of cartels and other restraints on competition.

2 It shall take measures

a. to prevent abuses in price maintenance by dominant undertakings and private

and public law organisations;

b. against unfair competition.

Art. 97 Consumer protection

1 The Confederation shall take measures to protect consumers.

2 It shall legislate on the legal remedies available to consumer organisations. These

organisations shall have the same rights under the federal legislation on unfair competition

as professional and trade associations.

3 The Cantons shall provide a conciliation procedure or a simple and rapid court

procedure for claims of up to a certain sum. The Federal Council shall fix this sum.

Art. 98 Banks and insurance companies

1 The Confederation shall legislate on the banking and stock exchange system; in

doing so, it shall take account of the special function and role of the cantonal banks.

2 It may legislate on financial services in other fields.

3 It shall legislate on private insurance.

* With transitional provision

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Art. 99 Monetary policy

1 The Confederation shall be responsible for money and currency; the Confederation

has the exclusive right to issue coins and banknotes.

2 The Swiss National Bank, as an independent central bank, shall pursue a monetary

policy that serves the overall interests of the country; it shall be administered with

the cooperation and under the supervision of the Confederation.

3 The Swiss National Bank shall create sufficient currency reserves from its revenues;

part of these reserves shall be held in gold.

4 A minimum of two thirds of the net profits made by the Swiss National Bank shall

be allocated to the Cantons.

Art. 100 Economic policy

1 The Confederation shall take measures to achieve balanced economic development,

and in particular to prevent and combat unemployment and inflation.

2 It shall take account of economic development in individual regions of the country.

It shall cooperate with the Cantons and the business community.

3 In the field of money and banking, in foreign economic affairs and in the field of

public finance, the Confederation may if necessary depart from the principle of

economic freedom.

4 The Confederation, the Cantons and the communes shall take account of the economic

situation in their revenue and expenditure policies.

5 To stabilise the economic situation, the Confederation may temporarily levy surcharges

or grant rebates on federal taxes and duties. The accumulated funds must be

held in reserve; following their release, direct taxes shall be individually refunded,

and indirect taxes used to grant rebates or to create jobs.

6 The Confederation may oblige businesses to accumulate reserves for the creation

of jobs; it shall for this purpose grant tax concessions and may require the Cantons

to do the same. Following the release of the reserves, businesses shall be free to

decide how the funds are applied within the scope of the uses permitted by law.

Art. 101 Foreign economic policy

1 The Confederation shall safeguard the interests of the Swiss economy abroad.

2 In special cases, it may take measures to protect the domestic economy. In doing

so, it may if necessary depart from the principle of economic freedom.

Art. 102 National economic supply*

1 The Confederation shall ensure that the country is supplied with essential goods

and services in the event of the threat of politico-military strife or war, or of severe

* With transitional provision

Swiss Confederation

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shortages that the economy cannot by itself counteract. It shall take precautionary

measures to address these matters.

2 In exercising its powers under this Article, it may if necessary depart from the

principle of economic freedom.

Art. 103 Structural policy*

The Confederation may support regions of the country that are under economic

threat and promote specific economic sectors and professions, if reasonable self-help

measures are insufficient to ensure their existence. In exercising its powers under

this Article, it may if necessary depart from the principle of economic freedom.

Art. 104 Agriculture

1 The Confederation shall ensure that agricultural sector, by means of a sustainable

and market oriented production policy, makes an essential contribution towards:

a. the reliable provision of the population with foodstuffs;

b. the conservation of natural resources and the upkeep of the countryside;

c. decentralised population settlement of the country.

2 In addition to the self-help measures that can reasonably be expected in the agriculture

sector and if necessary in derogation from the principle of economic freedom,

the Confederation shall support farms that cultivate the land.

3 The Confederation shall organise measures in such a manner that the agricultural

sector fulfils its multi-functional duties. It has in particular the following powers and

duties:

a. supplementing revenues from agriculture by means of direct subsidies in order

to achieve of fair and adequate remuneration for the services provided,

subject to proof of compliance with ecological requirements.

b. encouraging by means of economically advantageous incentives methods of

production that are specifically near-natural and respectful of both the environment

and livestock.

c. legislating on declarations of origin, quality, production methods and processing

procedures for foodstuffs.

d. protecting the environment against the detrimental effects of the excessive

use of fertilisers, chemicals and other auxiliary agents.

e. at its discretion, encouraging agricultural research, counselling and education

and subsidise investments.

f. at its discretion, legislating on the consolidation of agricultural property

holdings.

4 For these purposes, the Confederation shall provide both funds earmarked for the

agricultural sector and general federal funds.

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Art. 105 Alcohol

The legislation on the manufacture, import, rectification and sale of alcohol obtained

by distillation is the responsibility of the Confederation. The Confederation shall in

particular take account of the harmful effects of alcohol consumption.

Art. 106 Gambling*

1 The Confederation shall be responsible for legislation on games of chance and

lotteries.

2 A licence from the Confederation shall be required in order to establish and operate

a casino. In granting such a licence, the Confederation shall take account of regional

circumstances and the dangers of gambling.

3 The Confederation shall levy a revenue-related tax on casinos; this tax must not

exceed 80 per cent of the gross revenues from gambling. It shall be used to fund the

federal contribution to the Old-age, Survivors’ and Invalidity Insurance.

4 The Cantons shall be responsible for the licensing of gaming machines involving

an element of skill that offer prizes.

Art. 107 Weapons and war material

1 The Confederation shall legislate against misuse of weapons and their accessories

and ammunition.

2 It shall legislate on the manufacture, procurement and sale of war material as well

as the import, export and transit of such material.

Section 8: Housing, Employment, Social Security and Health

Art. 108 Construction of housing and home ownership

1 The Confederation shall encourage the construction of housing, the acquisition of

the ownership of apartments and houses for the personal use of private individuals,

as well as the activities of developers and organisations involved in the construction

of public utility housing.

2 It shall encourage in particular the acquisition and development of land for the

construction of housing, increased efficiency in construction and the reduction of

construction and housing costs.

3 It may legislate on the development of land for housing construction and on increasing

the efficiency of construction.

4 In doing so, it shall take particular account of the interests of families, elderly

persons, persons on low incomes and persons with disabilities.

* With transitional provision

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Art. 109 Landlord and tenant

1 The Confederation shall legislate against abuses in tenancy matters, and in particular

against unfair rents, as well as on the procedure for challenging unlawfully terminated

leases and the limited extension of leases.

2 It may legislate to declare framework leases to be generally applicable. Such leases

may be declared generally applicable only if they take appropriate account of the

justified interests of minorities and regional particularities, and respect the principle

of equality before the law.

Art. 110 Employment*

1 The Confederation may legislate on:

a. employee protection;

b. relations between employer and employee, and in particular on common

regulations on operational and professional matters;

c. recruitment services;

d. the declaration of collective employment agreements to be generally applicable.

2 Collective employment agreements may be declared generally applicable only if

they take appropriate account of the justified interests of minorities and regional

particularities, and they respect the principle of equality before the law and the right

to form professional associations.

3 August 1 shall be the National Day of the Swiss Confederation. In terms of employment

law, it shall be regarded as equivalent to a Sunday, with equivalent rights

to pay.

Art. 111 Old-age, survivors’ and invalidity pension provision

1 The Confederation shall take measures to ensure adequate financial provision for

the elderly, surviving spouses and children, and persons with disabilities. These shall

be based on three pillars, namely the Federal Old-age, Survivors’ and Invalidity

Insurance, the occupational pension scheme and private pension schemes.

2 The Confederation shall ensure that the Federal Old-age, Survivors’ and Invalidity

Insurance and the occupational pension scheme are able to fulfil their purpose at all

times.

3 It may require the Cantons to exempt institutions of the Federal Old-age, Survivors’

and Invalidity Insurance and the occupational pension scheme from liability to

pay tax and to grant insured persons and their employers tax relief on contributions

and reversionary rights.

* With transitional provision

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4 In cooperation with the Cantons, it shall encourage private pension schemes, in

particular through measures relating to taxation policy and the policy of promoting

property ownership.

Art. 112 Old-age, Survivors’ and Invalidity Insurance*

1 The Confederation shall legislate on the Old-age, Survivors and Invalidity Insurance.

2 In doing so, it shall adhere to the following principles:

a. the insurance is compulsory.

abis.45 it provides cash and non-cash benefits.

b. pensions must be sufficient to cover basic living expenses adequately.

c. the maximum pension must not be more than twice the minimum pension.

d. pensions must as a minimum be adjusted in line with price trends.

3 The insurance shall be funded:

a. through contributions from those insured, whereby employers must pay one

half of the contributions payable by their employees;

b.46 through subsidies from the Confederation.

4 The subsidies from the Confederation shall not exceed one half of the disbursements

made under the scheme.47.

5 The subsidies from the Confederation shall in the first place be funded from the net

proceeds of the tax on tobacco, the tax on distilled spirits and the tax on the revenues

from gaming houses.

6 ...48.

* With transitional provision

45 Approved in the popular vote on 28 Nov 2004, in force since 1 Jan. 2008

(Federal Council Decree of 3 Oct 2003, Federal Council Decree of 26 Jan. 2005, Federal

Council Decree of 7 Nov. 2007 – AS 2007 5765 5771; BBl 2002 2291, 2003 6591,

2005 951).

46 Approved in the popular vote on 28 Nov 2004, in force since 1 Jan. 2008

(Federal Council Decree of 3 Oct 2003, Federal Council Decree of 26 Jan. 2005, Federal

Council Decree of 7 Nov. 2007 – AS 2007 5765 5771; BBl 2002 2291, 2003 6591,

2005 951).

47 Approved in the popular vote on 28 Nov 2004, in force since 1 Jan. 2008

(Federal Council Decree of 3 Oct 2003, Federal Council Decree of 26 Jan. 2005, Federal

Council Decree of 7 Nov. 2007 – AS 2007 5765 5771; BBl 2002 2291, 2003 6591,

2005 951).

48 Repealed by the popular vote on 28 Nov 2004, with effect from 1 Jan. 2008

(Federal Council Decree of 3 Oct 2003, Federal Council Decree of 26 Jan. 2005, Federal

Council Decree of 7 Nov. 2007 – AS 2007 5765 5771; BBl 2002 2291, 2003 6591,

2005 951).

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Art. 112a49 Supplementary benefits

1 Confederation and Cantons shall pay supplementary benefits to people whose basic

living expenses are not covered by benefits under the Old-age, Survivors and Invalidity

Insurance.

2 The law shall determine the extent of the supplementary benefits as well as the

tasks and responsibilities of the Confederation and Cantons.

Art. 112b50 Promoting the rehabilitation of people eligible for invalidity

benefits*

1 The Confederation shall encourage the rehabilitation of people eligible for invalidity

benefits by providing cash and non-cash benefits. For this purpose, it may use

resources from the Invalidity Insurance.

2 The Cantons shall encourage the rehabilitation of people eligible for invalidity

benefits, in particular through contributions to the construction and running of institutions

that provide accommodation and work.

3 The law shall determine the goals of rehabilitation and the principles and criteria.

Art. 112c51 Aid for elderly people and people with disabilities*

1 The Cantons shall provide for assistance and care in the home for elderly people

and people with disabilities.

2 The Confederation shall support national efforts for the benefit of elderly people

and people with disabilities. For this purpose, it may use resources from the Old-age,

Survivors and Invalidity Insurance.

Art. 113 Occupational pension scheme*

1 The Confederation shall legislate for an occupational pension scheme.

2 In doing so, it shall adhere to the following principles:

a. the occupational pension scheme, together with the Old-age, Survivors’ and

Invalidity Insurance, enables the insured person to maintain his or her previous

lifestyle in an appropriate manner.

49 Approved in the popular vote on 28 Nov 2004, in force since 1 Jan. 2008

(Federal Council Decree of 3 Oct 2003, Federal Council Decree of 26 Jan. 2005, Federal

Council Decree of 7 Nov. 2007 – AS 2007 5765 5771; BBl 2002 2291, 2003 6591,

2005 951).

50 Approved in the popular vote on 28 Nov 2004, in force since 1 Jan. 2008

(Federal Council Decree of 3 Oct 2003, Federal Council Decree of 26 Jan. 2005, Federal

Council Decree of 7 Nov. 2007 – AS 2007 5765 5771; BBl 2002 2291, 2003 6591,

2005 951).

* With transitional provision.

51 Approved in the popular vote on 28 Nov 2004, in force since 1 Jan. 2008

(Federal Council Decree of 3 Oct 2003, Federal Council Decree of 26 Jan. 2005, Federal

Council Decree of 7 Nov. 2007 – AS 2007 5765 5771; BBl 2002 2291, 2003 6591,

2005 951).

* With transitional provision.

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b. the occupational pension scheme is compulsory for employees; the law may

provide for exceptions.

c. employers shall insure their employees with a pension institution; if required,

the Confederation shall make it possible for employees to be insured

with a federal pension institution.

d. self-employed persons may insure themselves on a voluntary basis with a

pension institution.

e. for specific groups of self-employed persons, the Confederation may declare

the occupational pension scheme to be compulsory, either in general terms

or for individual risks only.

3 The occupation pension scheme shall be funded from the contributions of those

insured, whereby employers must pay a minimum of one half of the contributions of

their employees.

4 Pension schemes must satisfy the minimum requirements under federal law; the

Confederation may provide for national measures to resolve particular difficulties.

Art. 114 Unemployment insurance

1 The Confederation shall legislate on unemployment insurance.

2 In doing so, it shall adhere to the following principles:

a. the insurance guarantees appropriate compensation for loss of earnings and

supports measures to prevent and combat unemployment.

b. the insurance is compulsory for employees; the law may provide for exceptions.

c. self-employed persons may insure themselves voluntarily.

3 The insurance shall be funded by the contributions from those insured, whereby

one half of the contributions of employees shall be paid by their employers.

4 Confederation and Cantons shall provide subsidies in extraordinary circumstances.

5 The Confederation may enact regulations on social assistance for the unemployed.

Art. 115 Support for persons in need

Persons in need shall be supported by their Canton of residence. The Confederation

regulates exceptions and powers.

Art. 116 Child allowances and maternity insurance

1 In the fulfilment of its duties, the Confederation shall take account of the needs of

families. It may support measures for the protection of families.

2 It may issue regulations on child allowances and operate a federal family allowances

compensation fund.

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3 It shall establish a maternity insurance scheme. It may also require persons who

cannot benefit from that insurance to make contributions.

4 The Confederation may declare participation in a family allowances compensation

fund and the maternity insurance scheme to be compulsory, either in general terms

or for individual sections of the population, and make its subsidies dependent on

appropriate subsidies being made by the Cantons.

Art. 117 Health and accident insurance

1 The Confederation shall legislate on health and accident insurance.

2 It may declare health and the accident insurance to be compulsory, either in general

terms or for individual sections of the population.

Art. 118 Health protection

1 The Confederation shall, within the limits of its powers, take measures for the

protection of health.

2 It shall legislate on:

a. the use of foodstuffs as well as therapeutic products, narcotics, organisms,

chemicals and items that may be dangerous to health;

b. the combating of communicable, widespread or particularly dangerous human

and animal diseases;

c. protection against ionising radiation.

Art. 118a 52 Complementary medicine

The Confederation and the Cantons shall within the scope of their powers ensure

that consideration is given to complementary medicine.

Art. 118b53 Research on human beings

1 The Confederation shall legislate on research on human beings where this is required

in order to protect their dignity and privacy. In doing so, it shall preserve the

freedom to conduct research and shall take account of the importance of research to

health and society.

2 The Confederation shall adhere to the following principles in relation to biological

and medical research involving human beings:

52 Adopted by the popular vote on 17 May 2009 (Federal Decree of 3 Oct. 2008, Federal

Council Decree of 21 Oct. 2009 – AS 2009 5325; BBl 2005 6001, 2006 7591, 2008 8229,

2009 7539).

53 Adopted by the popular vote on 7 March 2010, in force since 7 March 2010 (Federal

Decree of 25 Sept. 2009, Federal Council Decree of 15 April 2010 – AS 2010 1569;

BBl 2007 6713, 2009 6649, 2010 2625).

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a. It shall be a requirement for any research project that the participants or their

legal representatives have given their informed consent. The law may provide

for exceptions. A refusal is binding in every case.

b. The risks and stress for the participants must not be disproportionate to the

benefits of the research project.

c. A research project involving persons lacking the capacity to consent may be

conducted only if findings of equal value cannot be obtained from research

involving persons who have the capacity to consent. If the research project is

not expected to bring any immediate benefit to the persons lacking the capacity

to consent, the risks and stress must be minimal.

d. An independent assessment of the research project must have determined

that the safety of the participants is guaranteed.

Art. 119 Reproductive medicine and gene technology involving human beings

1 Human beings shall be protected against the misuse of reproductive medicine and

gene technology.

2 The Confederation shall legislate on the use of human reproductive and genetic

material. In doing so, it shall ensure the protection of human dignity, privacy and the

family and shall adhere in particular to the following principles:

a. all forms of cloning and interference with the genetic material of human reproductive

cells and embryos are unlawful.

b. non-human reproductive and genetic material may neither be introduced into

nor combined with human reproductive material.

c. the procedure for medically-assisted reproduction may be used only if infertility

or the risk of transmitting a serious illness cannot otherwise be overcome,

but not in order to conceive a child with specific characteristics or to

further research; the fertilisation of human egg cells outside a woman’s body

is permitted only under the conditions laid down by the law; no more human

egg cells 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 motherhood are unlawful.

e. the trade in human reproductive material and in products obtained from embryos

is prohibited.

f. the genetic material of a person may be analysed, registered or made public

only with the consent of the person concerned or if the law so provides.

g. everyone shall have access to data relating to their ancestry.

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Art. 119a 54 Transplant medicine

1 The Confederation shall legislate in the field of organ, tissue and cell transplants.

In doing so, it shall ensure the protection of human dignity, privacy and health.

2 It shall in particular lay down criteria for the fair allocation of organs.

3 Any donation of human organs, tissue and cells must be free of charge. The trade

in human organs is prohibited.

Art. 120 Non-human gene technology*

1 Human beings and their environment shall be protected against the misuse of gene

technology.

2 The Confederation shall legislate on the use of reproductive and genetic material

from animals, plants and other organisms. In doing so, it shall take account of the

dignity of living beings as well as the safety of human beings, animals and the

environment, and shall protect the genetic diversity of animal and plant species.

Section 9: Residence and Permanent Settlement of Foreign Nationals

Art. 121

1 The Confederation shall be responsible for legislation on entry to and exit from

Switzerland, the residence and the permanent settlement of foreign nationals and on

the granting of asylum.

2 Foreign nationals may be expelled from Switzerland if they pose a risk to the

security of the country.

Section 10: Civil Law, Criminal Law, Weights and Measures

Art. 12255 Civil law

1 The Confederation shall be responsible for legislation in the field of civil law and

the law of civil procedure.

2 The Cantons shall be responsible for the organisation of the courts and the administration

of justice in civil matters, unless the law provides otherwise.

54 Adopted by the Popular Vote on 7 Feb. 1999 (Federal Decree of 26 June 1998,

Federal Council Decree of 23 March 1999 – AS 1999 1341; BBl 1997 III 653, 1998 3473,

1999 2912 8768).

* With transitional provision

55 Adopted by the Popular Vote on 12 March 2000, in force since 1 Jan. 2007 (Federal

Decree of 8 Oct. 1999, Federal Council Decree of 17 May 2000, Federal Decree of

8 March 2005 – AS 2002 3148, 2006 1059; BBl 1997 I 1, 1999 8633, 2000 2990,

2001 4202).

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Art. 12356 Criminal law

1 The Confederation shall be responsible for legislation in the field of criminal law

and the law of criminal procedure.

2 The Cantons shall be responsible for the organisation of the courts, the administration

of justice in criminal cases as well as for the execution of penalties and measures,

unless the law provides otherwise.

3 The Confederation may issue regulations on the execution of penalties and measures.

It may grant subsidies to the Cantons for:

a. the construction of penal institutions;

b. improvements in the execution of penalties and measures;

c. institutions that conduct educative measures for the benefit of children, adolescents

and young adults. 57

Art. 123a58

1 If a sex offender or violent offender is regarded in the reports required for sentencing

as being extremely dangerous and his or her condition assessed as untreatable, he

or she must be incarcerated until the end of his or her life due to the high risk of

reoffending. Early release and release on temporary licence are not permitted.

2 Only if new scientific findings prove that the offender can be cured and thus no

longer represents a danger to the public can new reports be drawn up. If the offender

is released on the basis of these new reports, the authorities granting his or her

release must accept liability if he reoffends.

3 All reports assessing sex offenders or violent offenders must be drawn up by at

least two experienced specialists who are independent of each other. The reports

must take account of all the principles that are important for the assessment.

Art. 123b59 No time limit for the right to prosecute or for penalties for sexual or

pornography offences involving prepubescent children

The right to prosecute sexual or pornography offences involving prepubescent

children and the penalties for such offences shall not be subject to a time limit.

56 Approved in the popular vote on 12 March 2000, in force since 1 April 2003 (Federal

Council Decree of 8 Oct. 1999, Federal Council Decree of 17 May 2000, Federal Council

Decree of 24 Sept. 2002 – AS 2002 3148 3147; BBl 1997 I 1, 1999 8633, 2000 2990,

2001 4202).

57 Approved in the popular vote on 28 Nov 2004, in force since 1 Jan. 2008

(Federal Council Decree of 3 Oct 2003, Federal Council Decree of 26 Jan. 2005, Federal

Council Decree of 7 Nov. 2007 – AS 2007 5765 5771; BBl 2002 2291, 2003 6591,

2005 951).

58 Adopted by the Popular Vote on 8 February 2004 (Federal Decree of 20 June 2003,

Federal Council Decree of 21 April 2004 – AS 2004 2341; BBl 2000 3336, 2001 3433,

2003 4434, 2004 2199).

59 Adopted by the Popular Vote on 30 Nov. 2008, in force since 30 Nov. 2008

(Federal Decree of 13 June 2008, Federal Council Decree of 23 Jan. 2009 – AS 2009 471;

BBl 2006 3657, 2007 5369, 2008 5245, 2009 605).

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Art. 124 Victim support

The Confederation and the Cantons shall ensure that persons who have suffered

harm to their physical, mental or sexual integrity as the result of a criminal act

receive support and are adequately compensated if they experience financial difficulties

as a result of that criminal act.

Art. 125 Weights and measures

The Confederation shall be responsible for legislation on weights and measures.

Chapter 3: Financial System

Art. 12660 Financial management

1 The Confederation shall maintain its income and expenditure in balance over time.

2 The ceiling for total expenditure that is to be approved in the budget is based on the

expected income after taking account of the economic situation.

3 Exceptional financial requirements may justify an appropriate increase in the

ceiling in terms of paragraph 2. The Federal Assembly shall decide on any increase

in accordance with Article 159 paragraph 3 letter c.

4 If the total expenditure in the federal accounts exceeds the ceiling in terms of

paragraphs 2 or 3, compensation for this additional expenditure must be made in

subsequent years.

5 The details shall be are regulated by law.

Art. 127 Principles of taxation

1 The main structural features of any tax, in particular those liable to pay tax, the

object of the tax and its assessment, shall be regulated by law.

2 Provided the nature of the tax permits it, the principles of universality and uniformity

of taxation as well as the principle of taxation according to ability to pay shall be

applied.

3 Intercantonal double taxation is prohibited. The Confederation shall take the measures

required.

Art. 128 Direct taxes*

1 The Confederation may levy a direct tax:

a. of a maximum of 11.5 per cent on the income of private individuals;

60 Adopted by the Popular Vote on 2 Dec. 2001 (Federal Decree of 22 June 2001,

Federal Council Decree of 4 Feb. 2002 – AS 2002 241; BBl 2000 4653, 2001 2387 2878,

2002 1209).

* With transitional provision

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b. 61 of a maximum of 8.5 per cent of the net profit of legal entities;

c. ... 62

2 The Confederation, in fixing the taxation rates, shall take account of the burden of

direct taxation imposed by the Cantons and communes.

3 In relation to the tax on the income of private individuals, regular revisions shall be

made to compensate for the consequences of an increased tax burden due to inflation.

4 The tax shall be assessed and collected by the Cantons. A minimum of 17 per cent

of the gross revenue from taxation shall be allocated to the Cantons. This share may

be reduced to 15 per cent if the consequences of financial equalisation so require.63.

Art. 129 Tax harmonisation

1 The Confederation shall set out principles on the harmonisation of the direct taxes

imposed by the Confederation, the Cantons and the communes; it shall take account

of the efforts towards harmonisation made by the Cantons.

2 Harmonisation shall extend to tax liability, the object of the tax and the tax period,

procedural law and the law relating to tax offences. Matters excluded from harmonisation

shall include in particular tax scales, tax rates and tax allowances.

3 The Confederation may issue regulations to prevent unjustified tax benefits.

Art. 13064 Value added tax*

1 The Confederation may levy value added tax on the supply of goods, on services,

including goods and services for personal use, and on imports, at a standard rate of a

maximum of 6.5 per cent and at a reduced rate of at least 2.0 per cent.

2 The law may provide for the taxation of accommodation services at a rate between

the reduced rate and the standard rate.65

61 Adopted by the popular vote on 28 Nov. 2004, in force since 1 Jan. 2007

(Federal Decree of 19 March 2004, Federal Council Decree of 26 Jan. 2005, Federal

Council Decree of 2 Feb. 2006, – AS 2006 1057 1058; BBl 2003 1531, 2004 1363,

2005 951).

62 Repealed by the popular vote on 28 Nov. 2004, with effect from 1 Jan. 2007 (Federal

Decree of 19 March 2004, Federal Council Decree of 26 Jan. 2005, Federal Council Decree

of 2 Feb. 2006 – AS 2006 1057 1058; BBl 2003 1531, 2004 1363, 2005 951).

63 Approved in the popular vote on 28 Nov 2004, in force since 1 Jan. 2008

(Federal Council Decree of 3 Oct 2003, Federal Council Decree of 26 Jan. 2005, Federal

Council Decree of 7 Nov. 2007 – AS 2007 5765 5771; BBl 2002 2291, 2003 6591,

2005 951).

64 Adopted by the popular vote on 28 Nov. 2004, in force since 1 Jan. 2007

(Federal Decree of 19 March 2004, Federal Council Decree of 26 Jan. 2005, Federal

Council Decree of 2 Feb. 2006, – AS 2006 1057 1058; BBl 2003 1531, 2004 1363,

2005 951).

* With transitional provision

65 The legislature has made use of this power; see Art. 25 para. 4 of the Value Added Tax

Act of 12 June 2009 (SR 641.20), under which the rate of value added tax amounts to

3.8% (special rate for accommodation services, valid until 31 Dec. 2013).

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3 If, due to demographic changes, the financing of the Old-Age, Survivors’ and

Invalidity Insurance is no longer guaranteed, the standard rate may be increased by

federal act by a maximum of 1 percentage point and the reduced rate by a maximum

of 0.3 of a percentage point.66

4 5 per cent of the non-earmarked revenues shall be used to reduce the health insurance

premiums of persons on low incomes, unless an alternative method of assisting

such persons is provided for by law.

Art. 131 Special consumption taxes*

1 The Confederation may level special consumption taxes on:

a. tobacco and tobacco products;

b. distilled spirits;

c. beer;

d. automobiles and their parts;

e. petroleum, other mineral oils, natural gas and products obtained by refining

these resources, as well as on motor fuels.

2 It may levy a surcharge on the consumption tax on motor fuels.

3 The Cantons shall receive ten per cent of the net proceeds from the taxation of

distilled spirits. These funds must be used to fight the causes and effects of substance

addiction.

Art. 132 Stamp duty and withholding tax*

1 The Confederation may levy a stamp duty on securities, on receipts for insurance

premiums and on other commercial deeds; deeds relating to property and mortgage

transactions are exempt from stamp duty.

2 The Confederation may levy a withholding tax on income from moveable capital

assets, on lottery winnings and on insurance benefits. 10 per cent of the tax revenue

shall be allocated to the Cantons.67

Art. 133 Customs duties

The Confederation shall be responsible for legislation on customs duties and other

duties on the cross-border movement of goods.

66 The legislature has made use of this power; see Art. 25 para. 1 and 2 of the Value Added

Tax Act of 12 June 2009 (SR 641.20) under which the rates of value added tax amounts to

8 % (standard rate) and 2.5% (reduced rate) until 31 Dec. 2017.

* With transitional provision

* With transitional provision

67 Approved in the popular vote on 28 Nov 2004, in force since 1 Jan. 2008

(Federal Council Decree of 3 Oct 2003, Federal Council Decree of 26 Jan. 2005, Federal

Council Decree of 7 Nov. 2007 – AS 2007 5765 5771; BBl 2002 2291, 2003 6591,

2005 951).

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Art. 134 Exclusion of cantonal and communal taxation

Anything that is declared by federal legislation to be subject to, or exempt from

value added tax, special consumption taxes, stamp duty or withholding tax may not

be made liable to similar taxes by the Cantons or communes.

Art. 13568 Equalisation of financial resources and burdens

1 The Confederation shall issue regulations on the equitable equalisation of financial

resources and burdens between the Confederation and the Cantons as well as among

the Cantons.

2 The equalisation of financial resources and burdens is intended in particular to:

a. reduce the differences in financial capacity among the Cantons;

b. guarantee the Cantons a minimum level of financial resources;

c. compensate for excessive financial burdens on individual Cantons due to

geo-topographical or socio-demographic factors;

d. encourage intercantonal cooperation on burden equalisation;

e. maintain the tax competitiveness of the Cantons by national and international

comparison.

3 The funds for the equalisation of financial resources shall be provided by those

Cantons with a higher level of resources and by the Confederation. The payments

made by those Cantons with a higher level of resources shall amount to a minimum

of two thirds and a maximum of 80 per cent of the payments made by the Confederation.

Title 4: The People and the Cantons

Chapter 1: General Provisions

Art. 136 Political rights

1 All Swiss citizens over the age of eighteen, unless they lack legal capacity due to

mental illness or mental incapacity, shall have political rights in federal matters.

Such citizens shall all have the same political rights and duties.

2 They may participate in elections to the National Council and in federal popular

votes, and launch or sign popular initiatives and requests for referendums in federal

matters.

68 Approved in the popular vote on 28 Nov 2004, in force since 1 Jan. 2008

(Federal Council Decree of 3 Oct 2003, Federal Council Decree of 26 Jan. 2005, Federal

Council Decree of 7 Nov. 2007 – AS 2007 5765 5771; BBl 2002 2291, 2003 6591,

2005 951).

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Art. 137 Political parties

The political parties shall contribute to forming the opinion and will of the People.

Chapter 2: Initiative and Referendum

Art. 138 Popular initiative requesting the complete revision of the Federal

Constitution

1 Any 100,000 persons eligible to vote may within 18 months of the official publication

of their initiative propose a complete revision of the Federal Constitution.69

2 This proposal must be submitted to a vote of the People.

Art. 13970 Popular initiative requesting a partial revision of the Federal Constitution

in specific terms

1 Any 100,000 persons eligible to vote may within 18 months of the official publication

of their initiative request a partial revision of the Federal Constitution.

2 A popular initiative for the partial revision of the Federal Constitution may take the

form of a general proposal or of a specific draft of the provisions proposed.

3 If the initiative fails to comply with the requirements of consistency of form, and of

subject matter, or if it infringes mandatory provisions of international law, the Federal

Assembly shall declare it to be invalid in whole or in part.

4 If the Federal Assembly is in agreement with an initiative in the form of a general

proposal, it shall draft the partial revision on the basis of the initiative and submit it

to the vote of the People and the Cantons. If the Federal Assembly rejects the initiative,

it shall submit it to a vote of the People; the People shall decide whether the

initiative should be adopted. If they vote in favour, the Federal Assembly shall draft

the corresponding bill.

5 An initiative in the form of a specific draft shall be submitted to the vote of the

People and the Cantons. The Federal Assembly shall recommend whether the initiative

should be adopted or rejected. It may submit a counter-proposal to the initiative.

69 Adopted by the Popular Vote on 9 Feb. 2003, in force since 1 Aug. 2003 (Federal Decree

of 4 Oct. 2002, Federal Council Decree of 25 March 2003, Federal Decree of 19 June

2003 –AS 2003 1949 1953; BBl 2001 4803 6080, 2002 6485, 2003 3111 3954 3960).

70 Adopted by the Popular Vote on 27 Sept. 2009, in force since 27 Sept. 2009 (Federal

Decree of 19 Dec. 2008, Federal Council Decree of 1 Dec. 2009 – AS 2009 6409;

BBl 2008 2891 2907, 2009 13 8719).

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Art. 139a 71

Art. 139b 72 Procedure applicable to an initiative and counter-proposal

1 The People shall vote on the initiative and the counter-proposal at the same time.73

2 The People may vote in favour of both proposals. In response to the third question,

they may indicate the proposal that they prefer if both are accepted.

3 If in response to the third question one proposal to amend the Constitution receives

more votes from the People and the other more votes from the Cantons, the proposal

that comes into force is that which achieves the higher sum if the percentage of votes

of the People and the percentage of votes of the Cantons in the third question are

added together.

Art. 140 Mandatory referendum

1 The following must be put to the vote of the People and the Cantons:

a. amendments to the Federal Constitution;

b. accession to organisations for collective security or to supranational communities;

c. emergency federal acts that are not based on a provision of the Constitution

and whose term of validity exceeds one year; such federal acts must be put

to the vote within one year of being passed by the Federal Assembly.

2 The following shall be submitted to a vote of the People:

a. popular initiatives for a complete revision of the Federal Constitution;

abis. …74

71 Adopted by the Popular Vote on 9 Feb. 2003 (Federal Decree of 4 Oct. 2002,

Federal Council Decree of 25 March 2003 – AS 2003 1949; BBl 2001 4803 6080,

2002 6485, 2003 3111). Repealed in the Popular Vote on 27 Sept. 2009, with effect from

27 Sept. 2009 (Federal Decree of 19 Dec. 2008, Federal Council Decree of 1 Dec. 2009 –

AS 2009 6409; BBl 2008 2891 2907, 2009 13 8719). This article in its version in the Federal

Decree of 4 Oct. 2002 never came into force.

72 Adopted by the Popular Vote on 9 Feb. 2003, para. 2 und 3 in force since 1 Aug. 2003

(Federal Decree of 4 Oct. 2002, Federal Council Decree of 25 March 2003, Federal Decree

of 19 June 2003 – AS 2003 1949 1953; BBl 2001 4803 6080, 2002 6485, 2003 3111

3954 3960). Para. 1 in its version in the Federal Decree of 4 Oct. 2002 never came into

force.

73 Adopted by the Popular Vote on 27 Sept. 2009, in force since 27 Sept. 2009 (Federal

Decree of 19 Dec. 2008, Federal Council Decree of 1 Dec. 2009 – AS 2009 6409;

BBl 2008 2891 2907, 2009 13 8719).

74 Adopted by the Popular Vote on 9 Feb. 2003 (Federal Decree of 4 Oct. 2002,

Federal Council Decree of 25 March 2003 – AS 2003 1949; BBl 2001 4803 6080,

2002 6485, 2003 3111). Repealed in the Popular Vote on 27 Sept. 2009, with effect from

27 Sept. 2009 (Federal Decree of 19 Dec. 2008, Federal Council Decree of 1 Dec. 2009 –

AS 2009 6409; BBl 2008 2891 2907, 2009 13 8719). This let. in its version of Federal

Decree of 4 Oct. 2002 never came into force.

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b.75 popular initiatives for a partial revision of the Federal Constitution in the

form of a general proposal that have been rejected by the Federal Assembly;

c. the question of whether a complete revision of the Federal Constitution

should be carried out, in the event that there is disagreement between the two

Councils.

Art. 141 Optional referendum

1 If within 100 days of the official publication of the enactment any 50,000 persons

eligible to vote or any eight Cantons request it, the following shall be submitted to a

vote of the People:76

a. federal acts;

b. emergency federal acts whose term of validity exceeds one year;

c. federal decrees, provided the Constitution or an act so requires;

d. international treaties that:

1. are of unlimited duration and may not be terminated;

2. provide for accession to an international organisation;

3.77 contain important legislative provisions or whose implementation requires

the enactment of federal legislation.

2 ... 78

Art. 141a 79 Implementation of international treaties

1 If the decision on ratification of an international treaty is subject to a mandatory

referendum, the Federal Assembly may incorporate in the decision on ratification the

amendments to the Constitution that provide for the implementation of the treaty.

2 If the decision on ratification of an international treaty is subject to an optional

referendum, the Federal Assembly may incorporate in the decision on ratification the

amendments to the law that provide for the implementation of the treaty.

75 Adopted by the Popular Vote on 27 Sept. 2009, in force since 27 Sept. 2009 (Federal

Decree of 19 Dec. 2008, Federal Council Decree of 1 Dec. 2009 – AS 2009 6409;

BBl 2008 2891 2907, 2009 13 8719).

76 Adopted by the Popular Vote on 9 Feb. 2003, in force since 1 Aug. 2003 (Federal Decree

of 4 Oct. 2002, Federal Council Decree of 25 March 2003, Federal Decree of 19 June

2003 –AS 2003 1949 1953; BBl 2001 4803 6080, 2002 6485, 2003 3111 3954 3960).

77 Adopted by the Popular Vote on 9 Feb. 2003, in force since 1 Aug. 2003 (Federal Decree

of 4 Oct. 2002, Federal Council Decree of 25 March 2003, Federal Decree of 19 June

2003 –AS 2003 1949 1953; BBl 2001 4803 6080, 2002 6485, 2003 3111 3954 3960).

78 Repealed by the popular vote on 9 Feb. 2003, with effect from 1 Aug. 2003 (Federal

Decree of 4 Oct. 2002, Federal Council Decree of 25. March 2003, Federal Decree of

19 June 2003 – AS 2003 1949 1953; BBl 2001 4803 6080, 2002 6485, 2003 3111 3954

3960).

79 Adopted by the Popular Vote on 9 Feb. 2003, in force since 1 Aug. 2003 (Federal Decree

of 4 Oct. 2002, Federal Council Decree of 25 March 2003, Federal Decree of 19 June

2003 –AS 2003 1949 1953; BBl 2001 4803 6080, 2002 6485, 2003 3111 3954 3960).

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Art. 142 Required majorities

1 Proposals that are submitted to the vote of the People are accepted if a majority of

those who vote approve them.

2 Proposals that are submitted to the vote of the People and Cantons are accepted if a

majority of those who vote and a majority of the Cantons approve them.

3 The result of a popular vote in a Canton shall determine the vote of the Canton.

4 The Cantons of Obwalden, Nidwalden, Basel-Stadt, Basel-Landschaft, Appenzell

Ausserrhoden and Appenzell Innerrhoden shall each have half a cantonal vote.

Title 5: Federal Authorities

Chapter 1: General Provisions

Art. 143 Eligibility for election

Any person eligible to vote may be elected to the National Council, the Federal

Council or the Federal Supreme Court.

Art. 144 Incompatibility

1 No member of the National Council, of the Council of States, of the Federal Council

or judge of the Federal Supreme Court may at the same time be a member of any

other of these bodies.

2 No member of the Federal Council or full-time judges of the Federal Supreme

Court may hold any other federal or cantonal office or undertake any other gainful

economic activity.

3 The law may provide for further forms of incompatibility.

Art. 145 Term of office

The members of the National Council and of the Federal Council as well as the

Federal Chancellor shall be elected for a term of office of four years. Judges of the

Federal Supreme Court shall have a term of office of six years.

Art. 146 State liability

The Confederation shall be liable for damage or loss unlawfully caused by its organs

in the exercise of official activities.

Art. 147 Consultation procedure

The Cantons, the political parties and interested groups shall be invited to express

their views when preparing important legislation or other projects of substantial

impact as well as in relation to significant international treaties.

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Chapter 2: Federal Assembly

Section 1: Organisation

Art. 148 Status

1 Subject to the rights of the People and the Cantons, the Federal Assembly shall be

the supreme authority of the Confederation.

2 The Federal Assembly shall comprise two chambers, the National Council and the

Council of States; both chambers shall be of equal standing.

Art. 149 Composition and election of the National Council

1 The National Council shall be composed of 200 representatives of the People.

2 The representatives shall be elected directly by the People according to a system of

proportional representation. A general election shall be held every four years.

3 Each Canton shall constitute an electoral constituency.

4 The seats shall be allocated to the Cantons according to their relative populations.

Each Canton shall have at least one seat.

Art. 150 Composition and election of the Council of States

1 The Council of States shall be composed of 46 representatives of the Cantons.

2 The Cantons of Obwalden, Nidwalden, Basel-Stadt, Basel-Landschaft, Appenzell

Ausserrhoden and Appenzell Innerrhoden shall each elect one representative; the

other Cantons shall each elect two representatives.

3 The Cantons shall determine the rules for the election of their representatives to the

Council of States.

Art. 151 Sessions

1 The Councils shall convene in session regularly. The convening of sessions shall

be governed by law.

2 The Federal Council or one quarter of the members of either Council may request

that the Councils be convened for an extraordinary session.

Art. 152 Presidency

Each Council shall elect a President from its members for a term of one year, together

with a first Vice-President and a second Vice-President. Re-election for the

following year shall not be permitted.

Art. 153 Parliamentary committees

1 Each Council shall form committees from its members.

2 The law may provide for joint committees.

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3 The law may delegate specific powers, which may not be legislative in their nature,

to committees.

4 In order to fulfil their duties, the committees shall have the right to information and

to inspect documents and the power to conduct investigations. The extent of such

rights and powers shall be governed by the law.

Art. 154 Factions

The members the Federal Assembly may form factions.

Art. 155 Parliamentary Services

The Federal Assembly shall have parliamentary services at its disposal. It may call

on the services of offices of the Federal Administration. The details shall be regulated

by law.

Section 2: Procedure

Art. 156 Separate proceedings

1 The proceedings of the National Council and Council of States shall take place

separately.

2 Decisions of the Federal Assembly shall require the agreement of both Chambers.

3 Provision shall be made by the law to ensure that in the event of disagreement

between the Councils decisions are made on:

a. the validity or partial invalidity of a popular initiative;

b.80 the implementation of a popular initiative in the form of a general proposal

that has been adopted by the People;

c.81 the implementation of a Federal Decree initiating a total revision of the Federal

Constitution that has been approved by the People;

d. the budget or any amendment to it.82

80 Adopted by the Popular Vote on 27 Sept. 2009, in force since 27 Sept. 2009 (Federal

Decree of 19 Dec. 2008, Federal Council Decree of 1 Dec. 2009 – AS 2009 6409;

BBl 2008 2891 2907, 2009 13 8719).

81 Adopted by the Popular Vote on 27 Sept. 2009, in force since 27 Sept. 2009 (Federal

Decree of 19 Dec. 2008, Federal Council Decree of 1 Dec. 2009 – AS 2009 6409;

BBl 2008 2891 2907, 2009 13 8719).

82 Adopted by the Popular Vote on 9 Feb. 2003, lets. a and d in force since 1 Aug. 2003

(Federal Decree of 4 Oct. 2002, Federal Council Decree of 25 March 2003, Federal Decree

of 19 June 2003 – AS 2003 1949 1953; BBl 2001 4803 6080, 2002 6485, 2003 3111

3954 3960). Letters b and c come into force at a later date.

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Art. 157 Joint proceedings

1 The National Council and Council of States shall hold joint proceedings as the

United Federal Assembly under the presidency of the President of the National

Council in order to:

a. conduct elections;

b. decide on conflicts of jurisdiction between the highest federal authorities;

c. decide on applications for pardons.

2 The United Federal Assembly shall also convene for special events and to hear

declarations made by the Federal Council.

Art. 158 Public meetings

Meetings of the Councils shall be held in public. The law may provide for exceptions.

Art. 159 Quorum and required majority

1 The Councils are quorate if a majority of their members is present.

2 Decisions shall be taken in both Chambers and in the United Federal Assembly by

the majority of those who vote.

3 However, the consent of an absolute majority of the members of each of the two

Councils shall be required for:

a. a declaration that a federal act is urgent;

b. provisions on subsidies, guarantee credits or spending ceilings that involve

new non-recurrent expenditure of more than 20 million francs or new recurrent

expenditure of more than 2 million francs;

c.83 an increase in overall expenditure in the case of extraordinary financial requirements

in terms of Article 126 paragraph 3.

4 The Federal Assembly may, by ordinance, adjust subsidies made in terms of paragraph

3 letter b in line with inflation.84

Art. 160 Right to submit initiatives and motions

1 Any Council member, faction, parliamentary committee or Canton shall have the

right to submit an initiative to the Federal Assembly.

2 Council members and the Federal Council shall have the right to submit motions

on business that is under discussion.

83 Adopted by the Popular Vote on 2 Dec. 2001 (Federal Decree of 22 June 2001,

Federal Council Decree of 4 Feb. 2002 – AS 2002 241; BBl 2000 4653, 2001 2387 2878,

2002 1209).

84 Adopted by the Popular Vote on 2 Dec. 2001 (Federal Decree of 22 June 2001,

Federal Council Decree of 4 Feb. 2002 – AS 2002 241; BBl 2000 4653, 2001 2387 2878,

2002 1209).

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Art. 161 Prohibition of voting instructions

1 No member of the Federal Assembly may vote on the instructions of another

person.

2 Members must disclose their links to interest groups.

Art. 162 Immunity

1 The members of the Federal Assembly and the Federal Council as well as the

Federal Chancellor may not be held liable for statements that they make in the

Assembly or in its organs.

2 The law may provide for further forms of immunity and extend its scope to include

other persons.

Section 3: Powers

Art. 163 Form of Federal Assembly enactments

1 The Federal Assembly shall enact provisions that establish binding legal rules in

the form of federal acts or ordinances.

2 Other enactments shall be promulgated in the form of a federal decree; a federal

decree that is not subject to a referendum shall be known as a “simple federal decree”.

Art. 164 Legislation

1 All significant provisions that establish binding legal rule must be enacted in the

form of a federal act. These include in particular fundamental provisions on:

a. the exercise of political rights;

b. the restriction of constitutional rights;

c. the rights and obligations of persons;

d. those liable to pay tax as well as the subject matter and assessment of taxes

and duties;

e. the duties and services of the Confederation;

f. the obligations of the Cantons in relation to the implementation and enforcement

of federal law;

g. the organisation and procedure of the federal authorities.

2 Legislative powers may be delegated by federal act unless this is prohibited by the

Federal Constitution.

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Art. 165 Emergency legislation

1 Federal acts whose coming into force cannot be delayed (emergency federal acts)

may be declared urgent by an absolute majority of the members of each of the two

Councils and be brought into force immediately. Such acts must be of limited duration.

2 If a referendum is requested on an emergency federal act, the act must be repealed

one year after being passed by the Federal Assembly if it has not in the meantime

been approved by the People.

3 An emergency federal act that does not have the Constitution as its basis must be

repealed one year after being passed by the Federal Assembly if it has not in the

meantime been approved by the People and the Cantons. Any such act must be of

limited duration.

4 An emergency federal act that is not approved in a popular vote may not be renewed.

Art. 166 Foreign relations and international treaties

1 The Federal Assembly shall participate in shaping foreign policy and supervise the

maintenance of foreign relations.

2 It shall approve international treaties, with the exception of those that are concluded

by the Federal Council under a statutory provision or an international treaty.

Art. 167 Finance

The Federal Assembly shall determine the expenditure of the Confederation, adopt

the budget and approve the federal accounts.

Art. 168 Appointments

1 The Federal Assembly shall elect the members of the Federal Council, the Federal

Chancellor, the judges of the Federal Supreme Court and, in times of war, the Commander-

in-Chief of the armed forces ("the General").

2 The law may authorise the Federal Assembly to make or confirm other appointments.

Art. 169 Supervisory control

1 The Federal Assembly shall supervise the Federal Council and the Federal Administration,

the federal courts and other bodies entrusted with the tasks of the

Confederation.

2 Official secrecy does not apply in dealings with the special delegations of supervisory

committees that are established under the law.

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Art. 170 Evaluation of effectiveness

The Federal Assembly shall ensure that federal measures are evaluated with regard

to their effectiveness.

Art. 171 Tasks of the Federal Council

The Federal Assembly may assign functions to the Federal Council. The details shall

be regulated by law, and in particular the means by which the Federal Assembly

may intervene in matters that fall within the remit of the Federal Council.

Art. 172 Relations between the Confederation and the Cantons

1 The Federal Assembly shall ensure the maintenance of good relations between the

Confederation and the Cantons.

2 It shall guarantee the cantonal constitutions.

3 It shall decide whether to approve intercantonal agreements and treaties between

Cantons and foreign countries where the Federal Council or a Canton raises an

objection to any such treaty.

Art. 173 Further duties and powers

1 The Federal Assembly has the following additional duties and powers:

a. taking measures to safeguard external security and the independence and

neutrality of Switzerland.

b. taking measures to safeguard internal security.

c. if extraordinary circumstances require, issuing ordinances or simple federal

decrees in order to fulfil its duties under letters (a) and (b).

d. regulating active service and mobilising the armed forces or sections thereof

for this purpose.

e. taking measures to enforce federal law.

f. ruling on the validity of popular initiatives that meet the formal requirements.

g. participating in the general planning of state activities.

h. deciding on individual acts where a federal act expressly so provides.

i. deciding on conflicts of jurisdiction between the highest federal authorities.

k. issuing pardons and deciding on amnesties.

2 The Federal Assembly shall also deal with matters that fall within the remit of the

Confederation and are not the responsibility of any other authority.

3 Other duties and powers may be delegated by law to the Federal Assembly.

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Chapter 3: Federal Council and Federal Administration

Section 1: Organisation and Procedure

Art. 174 Federal Council

The Federal Council shall be the supreme governing and executive authority of the

Confederation.

Art. 175 Composition and election

1 The Federal Council shall have seven members.

2 The members of the Federal Council shall be elected by the Federal Assembly

following each general election to the National Council.

3 They shall be elected for a term of office of four years from all the Swiss citizens

who are eligible for election to the National Council.85

4 In electing the Federal Council, care must be taken to ensure that the various

geographical and language regions of the country are appropriately represented.86

Art. 176 Presidency

1 The President of the Confederation shall chair the Federal Council.

2 The President and the Vice-President of the Federal Council shall be elected by the

Federal Assembly from the members of the Federal Council for a term of office of

one year.

3 Re-election for the following year is not permitted. The President may not be

elected Vice-President for the following year.

Art. 177 Principle of collegiality and allocation to departments

1 The Federal Council shall reach its decisions as a collegial body.

2 For the purposes of preparation and implementation, the business of the Federal

Council shall be allocated to its individual members according to department.

3 Business may be delegated to and directly dealt with by departments or their subordinate

administrative units; in such cases, the right to legal recourse shall be guaranteed.

85 Adopted by the Popular Vote on 7 Feb. 1999 (Federal Decree of 9 Oct. 1998,

Federal Council Decree of 2 March 1999 – AS 1999 1239; BBl 1993 IV 554,

1994 III 1370, 1998 4800, 1999 2475 8768).

86 Adopted by the Popular Vote on 7 Feb. 1999 (Federal Decree of 9 Oct. 1998,

Federal Council Decree of 2 March 1999 – AS 1999 1239; BBl 1993 IV 554,

1994 III 1370, 1998 4800, 1999 2475 8768).

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Art. 178 Federal Administration

1 The Federal Council shall be in charge of the Federal Administration. It shall

ensure that it is organised appropriately and that it fulfils its duties effectively.

2 The Federal Administration shall be organised into Departments; each Department

shall be headed by a member of the Federal Council.

3 Administrative tasks may by law be delegated to public or private organisations,

entities or persons that do not form part of the Federal Administration.

Art. 179 Federal Chancellery

The Federal Chancellery shall be the general administrative office of the Federal

Council. It shall be headed by a Federal Chancellor.

Section 2: Powers

Art. 180 Government policy

1 The Federal Council shall decide on the objectives of federal government policy

and the means by which they should be achieved. It shall plan and coordinate state

activities.

2 It shall inform the general public fully and in good time about its activities, unless

overriding public or private interests prevent this.

Art. 181 Right to initiate legislation

The Federal Council shall submit drafts of Federal Assembly legislation to the

Federal Assembly.

Art. 182 Lawmaking and implementation of legislation

1 The Federal Council shall enact legislative provisions in the form of ordinances,

provided it has the authority to do so under the Constitution or the law.

2 It shall ensure the implementation of legislation, the resolutions of the Federal

Assembly and the judgments of federal judicial authorities.

Art. 183 Finances

1 The Federal Council shall draw up the financial plan and the draft budget and

prepare the federal accounts.

2 It shall ensure orderly financial management.

Art. 184 Foreign relations

1 The Federal Council shall be responsible for foreign relations, subject to the right

of participation of the Federal Assembly; it shall represent Switzerland abroad.

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2 It shall sign and ratify international treaties. It shall submit them to the Federal

Assembly for approval.

3 Where safeguarding the interests of the country so requires, the Federal Council

may issue ordinances and rulings. Ordinances must be of limited duration.

Art. 185 External and internal security

1 The Federal Council shall take measures to safeguard external security, independence

and neutrality of Switzerland.

2 It shall take measures to safeguard internal security.

3 It may in direct application of this Article issue ordinances and rulings in order to

counter existing or imminent threats of serious disruption to public order or internal

or external security. Such ordinances must be limited in duration.

4 In cases of emergency, it may mobilise the armed forces. Where it mobilises more

than 4,000 members of the armed forces for active service or where the deployment

of such troops is expected to last for more than three weeks, the Federal Assembly

must be convened without delay.

Art. 186 Relations between the Confederation and the Cantons

1 The Federal Council shall be responsible for maintaining relations between the

Confederation and the Cantons and shall collaborate with the latter.

2 It may approve cantonal legislation when required to do so by federal law.

3 It may object to treaties between Cantons or between Cantons and foreign countries.

4 It shall ensure compliance with federal law, as well as the cantonal constitutions

and cantonal treaties and shall take the measures required to fulfil this duty.

Art. 187 Further duties and powers

1 The Federal Council also has the following duties and powers:

a. supervising the Federal Administration and the other bodies entrusted with

federal duties.

b. reporting regularly to the Federal Assembly on the conduct of its business as

well as on the situation in Switzerland.

c. making appointments that do not fall within the remit of other authorities.

d. dealing with appeals, where the law so provides.

2 Other duties and powers may be delegated by law to the Federal Council.

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Chapter 4: 87 Federal Supreme Court and other Judicial Authorities

Art. 188 Status

1 The Federal Supreme Court shall be the supreme judicial authority of the Confederation.

2 Its organisation and procedure shall be governed by law.

3 The Federal Supreme Court shall have its own administration.

Art. 189 Jurisdiction of the Federal Supreme Court

1 The Federal Supreme Court shall hear disputes concerning violations of:

a. federal law;

b. international law;

c. inter-cantonal law;

d. cantonal constitutional rights;

e. the autonomy of the communes and other cantonal guarantees in favour of

public law corporations;

f. federal and cantonal provisions on political rights.

1bis …88

2 It shall hear disputes between the Confederation and Cantons or between Cantons.

3 The jurisdiction of the Federal Supreme Court may be extended by law.

4 Acts of the Federal Assembly or the Federal Council may not be challenged in the

Federal Supreme Court. Exceptions may be provided for by law.

Art. 190 Applicable law

The Federal Supreme Court and the other judicial authorities shall apply the federal

acts and international law.

Art. 191 Access to the Federal Supreme Court

1 Access to the Federal Supreme Court shall be guaranteed by law.

87 Adopted by the Popular Vote on 12 March 2000, in force since 1 Jan. 2007 (Federal

Decree of 8 Oct. 1999, Federal Council Decree of 17 May 2000, Federal Decree of

8 March 2005 – AS 2002 3148, 2006 1059; BBl 1997 I 1, 1999 8633, 2000 2990,

2001 4202).

88 Adopted by the Popular Vote on 9 Feb. 2003 (Federal Decree of 4 Oct. 2002,

Federal Council Decree of 25 March 2003 – AS 2003 1949; BBl 2001 4803 6080,

2002 6485, 2003 3111). Repealed in the Popular Vote on 27 Sept. 2009, with effect from

27 Sept. 2009 (Federal Decree of 19 Dec. 2008, Federal Council Decree of 1 Dec. 2009 –

AS 2009 6409; BBl 2008 2891 2907, 2009 13 8719). This para. in its version of Federal

Decree of 4 Oct. 2002 never came into force.

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2 For disputes that do not relate to a legal issue of fundamental importance, the law

may stipulate a threshold for the amount in dispute.

3 The law may exclude access to the Federal Supreme Court in relation to specific

matters.

4 The law may provide for a simplified procedure for appeals that are manifestly

unfounded.

Art. 191a 89 Other federal judicial authorities

1 The Confederation shall appoint a criminal court, which shall hear at first instance

criminal cases that by law come under federal jurisdiction. The law may confer

further powers on the Federal Criminal Court.

2 The Confederation shall appoint judicial authorities to hear public law disputes that

come under the jurisdiction of the Federal Administration.

3 The law may provide for further federal judicial authorities.

Art. 191b Cantonal judicial authorities

1 The Cantons shall appoint judicial authorities to judge civil and public law disputes

and criminal law cases.

2 They may appoint joint judicial authorities.

Art. 191c Independence of the judiciary

The judicial authorities shall be independent in the exercise of their judicial powers

and shall be bound only by the law.

Title 6:

Revision of the Federal Constitution and Transitional Provisions

Chapter 1: Revision

Art. 192 Principle

1 The Federal Constitution may be totally or partially revised at any time.

2 Unless the Federal Constitution and the legislation based on it provides otherwise,

any revision of the Federal Constitution shall be is made by the legislative process.

89 Adopted by the Popular Vote on 12 March 2000, para. 1 in force since 1 April 2003

(Federal Decree of 8 Oct. 1999, Federal Council Decree of 17 May 2000, Federal Decree

of 24 Sept. 2002 – AS 2002 3148 3147; BBl 1997 I 1, 1999 8633, 2000 2990,

2001 4202). The remaining paragraphs come into force at a later date.

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Art. 193 Total revision

1 A total revision of the Federal Constitution may be proposed by the People or by

either of the two Councils or be decreed by the Federal Assembly.

2 If the initiative emanates from the People or if the two Chambers are unable to

agree, the People shall decide on whether a total revision should be carried out.

3 If the People vote for a total revision, new elections shall be held to both Chambers.

4 The mandatory provisions of international law must not be violated.

Art. 194 Partial revision

1 A partial revision of the Federal Constitution may be requested by the People or

decreed by the Federal Assembly.

2 The partial revision must respect the principle of cohesion of subject matter and

must not violate mandatory provisions of international law.

3 The popular initiative for partial revision must also respect the principle of consistency

of form.

Art. 195 Commencement

The totally or partly revised Federal Constitution shall come into force when it is

approved by the People and the Cantons.

Chapter 2: Transitional Provisions

Art. 196 Transitional provisions in terms of the Federal Decree

of 18 December 1998 on a new Federal Constitution90

1. Transitional provision to Art. 84 (Transalpine transit traffic)

The transfer of freight transit traffic from road to rail must be completed ten years

after the adoption of the popular initiative for the protection of the alpine regions

from transit traffic.

2. Transitional provision to Art. 85 (Flat-rate heavy vehicle charge)

1 The Confederation shall levy an annual charge for the use of roads that are open to

general traffic on domestic and foreign motor vehicles and trailers that have a

maximum permissible weight of over 3.5 tonnes.

90 Adopted by the Popular Vote on 3 March 2002 (Federal Decree of 5 Oct. 2001, Federal

Council Decree of 26 April 2002 – AS 2002 885; BBl 2000 2453, 2001 1183 5731,

2002 3690).

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2 This charge amounts to:

a. for trucks and articulated motor vehicles of

Fr.

– over 3.5 to 12 t 650

– over 12 to 18 t 2000

– over 18 to 26 t 3000

– over 26 t 4000

b. for trailers of

– over 3.5 to 8 t 650

– over 8 to 10 t 1500

– over 10 t 2000

c. for coaches 650

3 The rates of the charge may be adjusted by federal act insofar as this is justified by

the cost of road transport.

4 In addition, the Federal Council may adjust by ordinance the tariff category above

12 t in accordance with paragraph 2 to comply with any amendments to the weight

categories contained in the Road Traffic Act of 19 December 195891.

5 For vehicles that are not on the road in Switzerland for the entire year, the Federal

Council shall determine suitably graduated rates of the charge; it shall take account

of the costs of collecting the charge.

6 The Federal Council shall regulate the implementation of the charge. It may determine

rates in terms of paragraph 2 for special categories of vehicle, exempt certain

vehicles from the charge and issue special regulations, in particular for journeys in

border areas. Such regulations must not result in vehicles registered abroad being

treated more favourably than Swiss vehicles. The Federal Council may provide for

fines in respect of contraventions. The Cantons shall collect the charge on vehicles

registered in Switzerland.

7 The charge may be limited or abolished by law.

8 This provision applies until the Heavy Vehicle Charge Act of 19 December 199792

comes into force.

3. Transitional provision to Art. 87 (Railways and other carriers)

1 The major rail projects include the New Rail Link through the Alps (NRLA), RAIL

2000, the connection of Eastern and Western Switzerland to the European High

Speed Rail Network as well as the improvement of noise protection along railway

lines through active and passive measures.

2 In order to fund the major rail projects, the Federal Council may:

a. use all revenues from the flat-rate heavy vehicle charge in accordance with

Article 196 No 2 until the performance or consumption based heavy vehicle

91 SR 741.01

92 SR 641.81

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charge in terms of Article 85 comes into force and may, for this purpose, increase

the rates of the charge by a maximum of 100 per cent;

b. use a maximum of two thirds of the revenues from the performance or consumption-

based heavy vehicle charge in terms of Article 85;

c. use mineral oil tax revenues in terms of Article 86 paragraph 3 letter b in order

to cover 25 per cent of the total expenditures on the NRLA base lines;

d. raise funds on the capital market, up to a maximum however of 25 per cent

of the total expenditures for NRLA, RAIL 2000 and connection of Eastern

and Western Switzerland to the European High Speed Rail Network;

e.93 increase the value added tax rates laid down in Article 130 paragraphs 1-3 by

0.1 percentage point;

f. provide for additional funding from private sources or through international

organisations.

3 The funding of the major rail projects in accordance with paragraph 1 shall be

carried out through a fund that is legally dependent on the Confederation but which

keeps its own accounts. The resources from the charges and taxes mentioned in

paragraph 2 shall be entered in the financial accounts of the Confederation and paid

into the fund in the same year. The Confederation may grant advances to the fund.

The Federal Assembly shall enact the fund regulations in the form of an ordinance.

4 The four major rail projects in terms of paragraph 1 shall be adopted by federal

acts. Proof must be established of the necessity and readiness for implementation

For each major project in its entirety. In the case of the NRLA project, each of the

construction phases shall form the subject matter of a federal act. The Federal Assembly

shall approve the required funding through guarantee credits. The Federal

Council shall approve the construction phases and determines the time schedule.

5 This provision applies until the conclusion of the construction work and of the

funding (through repayment of the advances) of the major rail projects mentioned in

paragraph 1.

4. Transitional provision to Art. 90 (Nuclear energy)

Until 23 September 2000, no general, construction, start-up or operating licences for

new facilities for the production of nuclear energy may be granted.

5. Transitional provision to Art. 95 (Private economic activity)

Until the enactment of federal legislation, the Cantons must mutually recognise their

education or training qualifications.

6. Transitional provision to Art. 102 (National economic supply)

1 The Confederation shall guarantee the national supply of bread grain and baking

flour.

93 Adopted by the popular vote on 28 Nov. 2004, in force since 1 Jan. 2007

(Federal Decree of 19 March 2004, Federal Council Decree of 26 Jan. 2005, Federal

Council Decree of 2 Feb. 2006, – AS 2006 1057 1058; BBl 2003 1531, 2004 1363,

2005 951).

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2 This transitional provision remains in force until 31 December 2003 at the latest.

7. Transitional provision to Art. 103 (Structural policy)

For no more than ten years from the date on which the Constitution comes into

force, the Cantons may retain existing regulations that make the opening of new

businesses dependent on establishing a need, in order to guarantee the existence of

important parts of a specific branch of the hotel and restaurant industry.

8. Transitional provision to Art. 106 (Gambling)

1 Article 106 comes into force on the commencement of a new Federal Act on Gambling

and Casinos94.

2 Until that date, the following provisions apply:

a. The opening and operation of casinos are prohibited.

b. The cantonal governments may, subject to certain limitations required in the

public interest, authorise entertainment gambling as was customary in Kursaals

until the spring of 1925, provided such activities appear necessary in

the opinion of the licensing authority in order to maintain or promote tourism

and are organised by a Kursaal operator serving this purpose. The Cantons

may also prohibit this form of gambling.

c. The Federal Council shall issue an ordinance on the limitations required in

the public interest. No stake may exceed 5 francs.

d. Any cantonal licence is subject to the approval of the Federal Council.

e. One quarter of the gross receipts from gambling activities must be remitted

to the Confederation, which shall allocate this part, without deduction for its

own administrative costs, to the victims of storm damage as well as to charitable

institutions.

f. The Confederation may also take suitable measures in relation to lotteries.

9. Transitional provision to Art. 110 para. 3 (National Day of the Swiss Confederation)

1 Until the amended federal legislation comes into force, the Federal Council shall

regulate the details.

2 The National Day of the Swiss Confederation shall not be included in the calculation

of the number the public holidays in accordance with Article 18 paragraph 2 of

the Employment Act95.

10. ...96

94 SR 935.52. The Federal Act of 18 Dec. 1998 came into force on 1 April 2000.

95 SR 822.11

96 Repealed by the popular vote on 28 Nov 2004, with effect from 1 Jan. 2008

(Federal Council Decree of 3 Oct 2003, Federal Council Decree of 26 Jan. 2005, Federal

Council Decree of 7 Nov. 2007 – AS 2007 5765 5771; BBl 2002 2291, 2003 6591,

2005 951)

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11. Transitional provision to Art. 113 (Occupational Pension Scheme)

Insured persons who belong to the generation working at the time of the introduction

of the occupational pension scheme and therefore do not contribute for the full

period shall receive the statutory minimum benefits, according to their income,

within 10 to 20 years of the Act coming into force.

12. Transitional provision to Art. 12697 (Financial management)

1 The excess spending in the financial accounts of the Confederation must be reduced

by means of economies until the accounts are essentially balanced.

2 The excess spending must not exceed CHF 5 billion in the fiscal year 1999 and

CHF 2.5 billion in the fiscal year 2000; in the fiscal year 2001, it must be reduced to

a maximum of 2 per cent of revenues.

3 If the economic situation so requires, the absolute majority of the members of each

of the two Councils may extend the deadlines in paragraph 2 by means of an ordinance

for a maximum of two years.

4 The Federal Assembly and Federal Council shall take account of the requirements

of paragraph 2 when drawing up the budget and the long-term financial plan as well

as when considering any legislative proposals that have financial implications.

5 In implementing the budget, the Federal Council shall make use of any opportunities

to make savings. It may suspend guarantee credits and payment authorisations

that have already been approved. The foregoing does not apply to statutory rights

and legally enforceable guarantees of payment.

6 If the requirements of paragraph 2 are not met, the Federal Council shall stipulate

the amount that must additionally be saved. To this end, it shall:

a. decide on additional economies that fall within its powers;

b. apply to the Federal Assembly for the legislative amendments required in

order to make additional economies.

7 The Federal Council shall assess the total amount of the additional economies in

order that the requirements are fulfilled within a maximum additional period of two

years. The economies apply both to payments made to third parties as well as to the

federal administration sector.

8 The Federal Assembly shall decide on the proposals of the Federal Council in the

same session and enact legislation in accordance with Article 165 of the Constitution;

with regard to the amount, they shall be bound by the savings planned by the

Federal Council in terms of paragraph 6.

9 If the excess spending in a subsequent fiscal year again exceeds 2 per cent of

revenues, it must be reduced to the target value the following year. If the economic

situation so requires, the Federal Assembly may extend by ordinance this deadline

by a maximum of two years. In all other respects, the procedure follows paragraphs

4–8.

97 This relates to Art. 126 in the version of 18 April 1999.

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10 This provision remains in effect until it is replaced by constitutional measures to

limit the federal deficit and federal debt.

13. 98 Transitional provision to Art. 128 (Duration of tax levy)

1 The power to levy the direct federal tax shall be limited until the end of 2020.

14.99 Transitional provision to Art. 130 (Value Added Tax)100

1 The power to levy value added tax shall be limited until the end of 2020.

2 In order to guarantee the funding of invalidity insurance, the Federal Council shall

raise the value added tax rates from 1 January 2011 until 31 December 2017 as

follows:

a. by 0.4 percentage points of the standard rate in accordance with Article 36

paragraph 3 of the Federal Act of 2 September 1999101 on Value Added Tax

(VATA);

b. by 0.1 percentage points of the reduced rate in accordance with Article 36

paragraph 1 VATA;

c. by 0.2 percentage points of the special rate for accommodation services in

accordance with Article 36 paragraph 2 VATA.100

3 The revenue from the increase in rates in accordance with paragraph 2 will be

allocated in full to the Compensation Fund for Invalidity Insurance.100

15. Transitional provision to Art. 131 (Beer tax)

Until a federal act102 comes into force, the beer tax shall be levied in accordance

with the current law.

16. ... 103

98 Adopted by the popular vote on 28 Nov. 2004, in force since 1 Jan. 2007

(Federal Decree of 19 March 2004, Federal Council Decree of 26 Jan. 2005, Federal

Council Decree of 2 Feb. 2006, – AS 2006 1057 1058; BBl 2003 1531, 2004 1363,

2005 951).

99 Adopted by the popular vote on 28 Nov. 2004, in force since 1 Jan. 2007

(Federal Decree of 19 March 2004, Federal Council Decree of 26 Jan. 2005, Federal

Council Decree of 2 Feb. 2006, – AS 2006 1057 1058; BBl 2003 1531, 2004 1363,

2005 951).

100 Adopted by the popular vote on 27 Sept. 2009, in force since 1 Jan. 2011

(Federal Decree of 13 June 2008 and of 12 June 2009, Federal Council Decree of 7 Sept.

2010 – AS 2010 3821; BBl 2005 4623, 2008 5241, 2009 4371 4377 4379 8719).

101 [AS 2000 1134 1300, 2001 3086, 2002 1480, 2004 4719 Annex No. II 5, 2005 4545

Annex No. 2, 2006 2197 Annex No. 52 2673 5379 Annex No. II 5, 2007 1411 Annex

No. 7 3425 Annex No. 1 6637 Annex No. II 5. AS 2009 5203 Art. 110]. The said paras.

1–3 now correspond to Art. 25 paras. 1–4 of the Federal Act of 12 June 2009

(SR 641.20).

102 SR 641.411. The Beer Tax Act of 6 Oct. 2006 came into force on 1 July 2007.

103 Repealed by the popular vote on 28 Nov 2004, with effect from 1 Jan. 2008

(Federal Council Decree of 3 Oct 2003, Federal Council Decree of 26 Jan. 2005, Federal

Council Decree of 7 Nov. 2007 – AS 2007 5765 5771; BBl 2002 2291, 2003 6591,

2005 951)

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Art. 197104 Transitional provisions following the adoption of the Federal Constitution

of 18 April 1999

1. Accession of Switzerland to the United Nations

1 Switzerland shall accede to the United Nations.

2 The Federal Council shall be authorised to submit an application to the Secretary

General of the United Nations (UN) requesting Switzerland’s accession to the organisation,

together with a declaration on the acceptance of the obligations contained

in the UN Charter105.

2.106 Transitional provision to Art. 62 (School education)

From the date on which the Federal Decree of 3 October 2003107 on the New System

of Financial Equalisation and the Allocation of Tasks between the Confederation

and Cantons comes into force, the Cantons shall, until they have their own approved

special-needs school strategies, but for a minimum of three years, assume responsibility

for the current payments made by the Invalidity Insurance for special needs

education (including the special needs pre-school education in accordance with

Art. 19 of the Federal Act of 19 June 1959108 on Invalidity Insurance).

3.109Transitional provision to Art. 83 (National roads)

The Cantons shall construct the national roads listed in the Federal Decree of

21 June 1960110 on the National Road Network (in its version valid on the commencement

of the Federal Decree of 3 Oct. 2003111 on the New System of Financial

Equalisation and the Allocation of Tasks between the Confederation and Cantons) in

accordance with the regulations of and under the supervision of the Confederation.

The Confederation and Cantons shall share the costs. The share of the costs borne by

the individual Cantons shall be determined by the burden imposed on them by the

national roads, their interest in these roads, and their financial capacity.

104 Adopted by the Popular Vote on 3 March 2002 (Federal Decree of 5 Oct. 2001, Federal

Council Decree of 26 April 2002 – AS 2002 885; BBl 2000 2453, 2001 1183 5731,

2002 3690).

105 SR 0.120

106 Approved in the popular vote on 28 Nov 2004, in force since 1 Jan. 2008

(Federal Council Decree of 3 Oct 2003, Federal Council Decree of 26 Jan. 2005, Federal

Council Decree of 7 Nov. 2007 – AS 2007 5765 5771; BBl 2002 2291, 2003 6591,

2005 951).

107 AS 2007 5765

108 SR 831.20

109 Approved in the popular vote on 28 Nov 2004, in force since 1 Jan. 2008

(Federal Council Decree of 3 Oct 2003, Federal Council Decree of 26 Jan. 2005, Federal

Council Decree of 7 Nov. 2007 – AS 2007 5765 5771; BBl 2002 2291, 2003 6591,

2005 951).

110 SR 725.113.11

111 AS 2007 5765

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4.112 Transitional provision to Art. 112b (Promoting the rehabilitation of people

eligible for invalidity benefits)

From the date on which the Federal Decree of 3 October 2003113 on the New System

of Financial Equalisation and the Allocation of Tasks between the Confederation

and Cantons comes into force, the Cantons shall assume responsibility for the current

payments made by the Invalidity Insurance to institutions, workshops and

residential homes until they have an approved strategy on people with disabilities

that also regulates the granting of cantonal contributions towards the construction

and running of institutions that accept residents from outside the relevant canton, but

for a minimum of three years.

5.114 Transitional provision to Art. 112c (Aid for elderly people and people with

disabilities)

The current payments under Article 101bis of the Federal Act of 20 December

1946115 on the Old-Age and Survivors’ Insurance for assistance and care in the

home for elderly people and people with disabilities shall continue to be paid by the

Cantons until cantonal regulations on the financing of assistance and care in the

home come into force.

7.116 Transitional Provision to Art. 120 (Non-human gene technology)

Swiss agriculture shall remain free of gene technology for a period of five years

following the adoption of this constitutional provision. In particular, the following

may neither be imported nor placed on the market:

a. genetically modified plants that are capable of propagation, parts of plants

and seeds that are intended for agricultural, horticultural or forestry use in

the environment;

b. genetically modified animals that are intended for the production of foodstuffs

and other agricultural products.

Commencement Date: 1 January 2000117

112 Approved in the popular vote on 28 Nov 2004, in force since 1 Jan. 2008

(Federal Council Decree of 3 Oct 2003, Federal Council Decree of 26 Jan. 2005, Federal

Council Decree of 7 Nov. 2007 – AS 2007 5765 5771; BBl 2002 2291, 2003 6591,

2005 951).

113 AS 2007 5765

114 Approved in the popular vote on 28 Nov 2004, in force since 1 Jan. 2008 (Federal Council

Decree of 3 Oct 2003, Federal Council Decree of 26 Jan. 2005, Federal Council Decree

of 7 Nov. 2007 – AS 2007 5765 5771; BBl 2002 2291, 2003 6591, 2005 951).

115 SR 831.10

116 Adopted by the popular vote on 27 Nov. 2005 (Federal Decree of 17 June 2005,

Federal Council Decree of 19 Jan. 2006 – AS 2006 89; BBl 2003 6903, 2004 4937,

2005 4039, 2006 1061). Nos. 2–6 are reserved for the transitional provisions on the restructuring

of the financial equalisation and division of tasks between the Confederation

and Cantons (NFE), adopted by the popular vote on 28 Nov. 2004.

117 Federal Decree of 28 Sept. 1999 (AS 1999 2555; BBl 1999 7922)

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Final Provisions of the Federal Decree of 18 December 1998

II

1 The Federal Constitution of the Swiss Confederation of 29 May 1874118 is repealed.

2 The following provisions of the Federal Constitution, which must be re-enacted as

statute law, continue to apply until the corresponding statutory provisions come into

force:

a. Art. 32quater para. 6119

Hawking and other forms of itinerant sale of spirits are prohibited.

b. Art. 36quinquies para. 1 first sentence, 2 second–last sentence and 4 second sentence120

1 For the use of first and second class motorways, the Confederation shall levy an

annual charge of 40 francs on each Swiss and foreign motor vehicle and trailer with

a total weight not exceeding 3.5 tonnes. ...

2 ... The Federal Council may exempt specific vehicles from the charge and issue

special regulations, in particular for journeys made in border areas. Such regulations

must not result in vehicles registered abroad being treated more favourably than

Swiss vehicles. The Federal Council may impose fines for contraventions of the

regulations. The Cantons shall collect the charge for vehicles registered in Switzerland

and monitor compliance of all vehicles with the regulations.

4 ... The charge may be extended by federal act to further categories of vehicle that

are not liable to pay the heavy vehicle charge.

c. Art. 121bis para. 1, 2 and para. 3 first and second sentence121

1 If the Federal Assembly decides to submit a counter-proposal, voters shall be asked

three questions on the same ballot paper. Each voter has the unrestricted right to

state:

1. whether he or she prefers the popular initiative to the existing law;

118 [BS 1 3; AS 1949 1511, 1951 606, 1957 1027, 1958 362 768 770, 1959 224 912,

1961 476, 1962 749 1637 1804, 1964 97, 1966 1672, 1969 1249, 1970 1649,

1971 325 905 907, 1972 1481 1484, 1973 429 1051 1455, 1974 721, 1975 1205,

1976 713 715 2003, 1977 807 1849 2228 2230, 1978 212 484 1578, 1979 678,

1980 380, 1981 1243 1244, 1982 138, 1983 240 444, 1984 290, 1985 150, 151 658 659

1025 1026 1648, 1987 282 1125, 1988 352, 1991 246 247 1122, 1992 1578 1579,

1993 3040 3041, 1994 258 263 265 267 1096 1097 1099 1101, 1995 1455,

1996 1490 1491 1492 2502, 1998 918 2031, 1999 741 743 1239 1341]

119 Art. 105

120 Art. 86 para. 2

121 See now: Art. 139b

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2. whether he or she prefers the counter-proposal to the existing law;

3. which of the two proposals should come into force in the event that the People

and the Cantons prefer both proposals to the existing law.

2 The absolute majority shall be calculated separately for each question. Unanswered

questions shall not be taken into consideration.

3 If both the popular initiative and the counter-proposal are accepted, the result of the

third question shall be decisive. The proposal that receives the greater number of

votes from the People and from the Cantons on this question shall come into force.

...

III

The Federal Assembly shall adapt amendments to the Federal Constitution of

29 May 1874 to the new Federal Constitution as regards their form. The decree

issued to this effect shall not be subject to a referendum.

IV

1 This Decree must be submitted to a vote of the People and the Cantons.

2 The Federal Assembly shall determine its commencement date.

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Contents

.................................................................................................. Preamble

Title One: General Provisions

The Swiss Confederation ............................................................... Art. 1

Aims ............................................................................................... Art. 2

Cantons .......................................................................................... Art. 3

National languages ......................................................................... Art. 4

Rule of law ..................................................................................... Art. 5

Subsidiarity .................................................................................. Art. 5a

Individual and collective responsibility ......................................... Art. 6

Title Two: Fundamental Rights, Citizenship and Social

Goals

Chapter One: Fundamental Rights

Human dignity ............................................................................... Art. 7

Equality before the law .................................................................. Art. 8

Protection against arbitrary conduct and principle of good

faith ................................................................................................ Art. 9

Right to life and to personal freedom .......................................... Art. 10

Protection of children and young people ..................................... Art. 11

Right to assistance when in need ................................................. Art. 12

Right to privacy ........................................................................... Art. 13

Right to marry and to have a family ............................................ Art. 14

Freedom of religion and conscience ............................................ Art. 15

Freedom of expression and of information .................................. Art. 16

Freedom of the media .................................................................. Art. 17

Freedom to use any language ...................................................... Art. 18

Right to primary school education ............................................... Art. 19

Academic freedom ....................................................................... Art. 20

Freedom of artistic expression ..................................................... Art. 21

Freedom of assembly ................................................................... Art. 22

Freedom of association ................................................................ Art. 23

Freedom of domicile .................................................................... Art. 24

Protection against expulsion, extradition and deportation ........... Art. 25

Guarantee of ownership ............................................................... Art. 26

Economic freedom ....................................................................... Art. 27

Right to form professional associations ....................................... Art. 28

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General procedural guarantees ..................................................... Art. 29

Guarantee of access to the courts ............................................... Art. 29a

Judicial proceedings ..................................................................... Art. 30

Deprivation of liberty ................................................................... Art. 31

Criminal proceedings .................................................................... Art. 32

Right of petition ............................................................................ Art. 33

Political rights ............................................................................... Art. 34

Upholding of fundamental rights .................................................. Art. 35

Restrictions on fundamental rights ............................................... Art. 36

Chapter 2: Citizenship and Political Rights

Citizenship .................................................................................... Art. 37

Acquisition and deprivation of citizenship ................................... Art. 38

Exercise of political rights ............................................................ Art. 39

The Swiss abroad .......................................................................... Art. 40

Chapter 3: Social Objectives

...................................................................................................... Art. 41

3rd Title: Confederation, Cantons and Communes

Chapter 1: Relations between the Confederation and

the Cantons

Section 1: Duties of the Confederation and the Cantons

Duties of the Confederation .......................................................... Art. 42

Duties of the Cantons ................................................................... Art. 43

Principles for the allocation and fulfilment of state tasks .......... Art. 43a

Section 2: Cooperation between the Confederation and

the Cantons

Principles ...................................................................................... Art. 44

Participation in federal decision-making ...................................... Art. 45

Implementation of federal law ...................................................... Art. 46

Autonomy of the Cantons ............................................................. Art. 47

Intercantonal agreements .............................................................. Art. 48

Declaration of general application and requirement of participation

..................................................................................... Art. 48a

Precedence of and compliance with federal law .......................... Art. 49

Section 3: Communes

...................................................................................................... Art. 50

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Section 4: Federal Guarantees

Cantonal constitutions ................................................................. Art. 51

Constitutional order ..................................................................... Art. 52

Number and territory of the Cantons ........................................... Art. 53

Chapter 2: Powers

Section 1: Relations with Foreign States

Foreign relations .......................................................................... Art. 54

Participation of the Cantons in foreign policy decisions ............. Art. 55

Relations between the Cantons and foreign states ....................... Art. 56

Section 2: Security, National Defence, Civil Defence

Security ........................................................................................ Art. 57

Armed forces ............................................................................... Art. 58

Military service and alternative service ....................................... Art. 59

Armed forces organisation, training and equipment .................... Art. 60

Civil defence ................................................................................ Art. 61

Section 3: Education, Research and Culture

Swiss Education Area ................................................................ Art. 61a

School education .......................................................................... Art. 62

Vocational and professional education and training .................... Art. 63

Higher education institutions ..................................................... Art. 63a

Research ....................................................................................... Art. 64

Continuing education and training ............................................. Art. 64a

Statistics ....................................................................................... Art. 65

Education grants .......................................................................... Art. 66

Encouragement of children and young people ............................ Art. 67

Sport ............................................................................................. Art. 68

Culture ......................................................................................... Art. 69

Languages .................................................................................... Art. 70

Cinema ......................................................................................... Art. 71

Church and state .......................................................................... Art. 72

Section 4: Environment and Spatial Planning

Sustainable development ............................................................. Art. 73

Protection of the environment ..................................................... Art. 74

Spatial planning ........................................................................... Art. 75

National Land Survey ................................................................ Art. 75a

Water ............................................................................................ Art. 76

Forests .......................................................................................... Art. 77

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Protection of natural and cultural heritage ................................... Art. 78

Fishing and hunting ...................................................................... Art. 79

Protection of animals .................................................................... Art. 80

Section 5: Public Construction Works and Transport

Public Construction Works ........................................................... Art. 81

Road transport .............................................................................. Art. 82

National roads ............................................................................... Art. 83

Alpine transit traffic ..................................................................... Art. 84

Heavy vehicle charge.................................................................... Art. 85

Consumption tax on motor fuels and other traffic taxes .............. Art. 86

Railways and other modes of transport ........................................ Art. 87

Footpaths and hiking trails ........................................................... Art. 88

Section 6: Energy and Communications

Energy policy ................................................................................ Art. 89

Nuclear energy .............................................................................. Art. 90

Transport of energy ...................................................................... Art. 91

Postal and telecommunications services ...................................... Art. 92

Radio and television ..................................................................... Art. 93

Section 7: The Economy

Principles of the economic system ............................................... Art. 94

Professional activities in the private sector .................................. Art. 95

Competition policy ....................................................................... Art. 96

Consumer protection .................................................................... Art. 97

Banks and insurance companies ................................................... Art. 98

Monetary policy ............................................................................ Art. 99

Economic policy ......................................................................... Art. 100

Foreign economic policy ............................................................ Art. 101

National economic supply .......................................................... Art. 102

Structural policy ......................................................................... Art. 103

Agriculture .................................................................................. Art. 104

Alcohol ....................................................................................... Art. 105

Gambling .................................................................................... Art. 106

Weapons and war material ......................................................... Art. 107

Section 8: Housing, Employment, Social Security and

Health

Construction of housing and home ownership ........................... Art. 108

Landlord and tenant .................................................................... Art. 109

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Employment ............................................................................... Art. 110

Old-age, survivors’ and invalidity pension provision ................ Art. 111

Old-age, Survivors’ and Invalidity Insurance ............................ Art. 112

Supplementary benefits ........................................................... Art. 112a

Promoting the rehabilitation of people eligible for invalidity

benefits ............................................................................... Art. 112b

Aid for elderly people and people with disabilities .................. Art. 112c

Occupational pension scheme .................................................... Art. 113

Unemployment insurance .......................................................... Art. 114

Support for persons in need ....................................................... Art. 115

Child allowances and maternity insurance ................................ Art. 116

Health and accident insurance ................................................... Art. 117

Health protection ....................................................................... Art. 118

Complementary medicine ........................................................ Art. 118a

Research on human beings ...................................................... Art. 118b

Reproductive medicine and gene technology involving

human beings ............................................................................. Art. 119

Transplant medicine ................................................................. Art. 119a

Non-human gene technology* ................................................... Art. 120

Section 9: Residence and Permanent Settlement of Foreign

Nationals

................................................................................................... Art. 121

Section 10: Civil Law, Criminal Law, Weights and Measures

Civil law ..................................................................................... Art. 122

Criminal law .............................................................................. Art. 123

................................................................................................. Art. 123a

No time limit for the right to prosecute or for penalties for

sexual or pornography offences involving prepubescent

children .................................................................................... Art. 123b

Victim support ........................................................................... Art. 124

Weights and measures ............................................................... Art. 125

Chapter 3: Financial System

Financial management ............................................................... Art. 126

Principles of taxation ................................................................. Art. 127

Direct taxes ................................................................................ Art. 128

Tax harmonisation ..................................................................... Art. 129

Value added tax* ........................................................................ Art. 130

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Special consumption taxes ......................................................... Art. 131

Stamp duty and withholding tax ................................................. Art. 132

Customs duties ............................................................................ Art. 133

Exclusion of cantonal and communal taxation ........................... Art. 134

Equalisation of financial resources and burdens ........................ Art. 135

Title 4: The People and the Cantons

Chapter 1: General Provisions

Political rights ............................................................................. Art. 136

Political parties ........................................................................... Art. 137

Chapter 2: Initiative and Referendum

Popular initiative requesting the complete revision of the

Federal Constitution ................................................................... Art. 138

Popular initiative requesting a partial revision of the Federal

Constitution in specific terms .............................................. Art. 139

.................................................................................................. Art. 139a

Procedure applicable to an initiative and counter-proposal ..... Art. 139b

Mandatory referendum ............................................................... Art. 140

Optional referendum ................................................................... Art. 141

Implementation of international treaties ................................... Art. 141a

Required majorities .................................................................... Art. 142

Title 5: Federal Authorities

Chapter 1: General Provisions

Eligibility for election ................................................................. Art. 143

Incompatibility ........................................................................... Art. 144

Term of office ............................................................................. Art. 145

State liability ............................................................................... Art. 146

Consultation procedure ............................................................... Art. 147

Chapter 2: Federal Assembly

Section 1: Organisation

Status .......................................................................................... Art. 148

Composition and election of the National Council .................... Art. 149

Composition and election of the Council of States .................... Art. 150

Sessions ...................................................................................... Art. 151

Presidency ................................................................................... Art. 152

Parliamentary committees .......................................................... Art. 153

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Factions ...................................................................................... Art. 154

Parliamentary Services .............................................................. Art. 155

Section 2: Procedure

Separate proceedings ................................................................. Art. 156

Joint proceedings ....................................................................... Art. 157

Public meetings .......................................................................... Art. 158

Quorum and required majority .................................................. Art. 159

Right to submit initiatives and motions ..................................... Art. 160

Prohibition of voting instructions .............................................. Art. 161

Immunity .................................................................................... Art. 162

Section 3: Powers

Form of Federal Assembly enactments ..................................... Art. 163

Legislation ................................................................................. Art. 164

Emergency legislation ............................................................... Art. 165

Foreign relations and international treaties ................................ Art. 166

Finance ....................................................................................... Art. 167

Appointments ............................................................................. Art. 168

Supervisory control .................................................................... Art. 169

Evaluation of effectiveness ........................................................ Art. 170

Tasks of the Federal Council ..................................................... Art. 171

Relations between the Confederation and the Cantons ............. Art. 172

Further duties and powers .......................................................... Art. 173

Chapter 3: Federal Council and Federal Administration

Section 1: Organisation and Procedure

Federal Council .......................................................................... Art. 174

Composition and election .......................................................... Art. 175

Presidency .................................................................................. Art. 176

Principle of collegiality and allocation to departments ............. Art. 177

Federal Administration .............................................................. Art. 178

Federal Chancellery ................................................................... Art. 179

Section 2: Powers

Government policy .................................................................... Art. 180

Right to initiate legislation ......................................................... Art. 181

Lawmaking and implementation of legislation ......................... Art. 182

Finances ..................................................................................... Art. 183

Foreign relations ........................................................................ Art. 184

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External and internal security ..................................................... Art. 185

Relations between the Confederation and the Cantons .............. Art. 186

Further duties and powers .......................................................... Art. 187

Chapter 4: Federal Supreme Court and other Judicial

Authorities

Status .......................................................................................... Art. 188

Jurisdiction of the Federal Supreme Court ................................. Art. 189

Applicable law ............................................................................ Art. 190

Access to the Federal Supreme Court ........................................ Art. 191

Other federal judicial authorities .............................................. Art. 191a

Cantonal judicial authorities ..................................................... Art. 191b

Independence of the judiciary................................................... Art. 191c

Title 6: Revision of the Federal Constitution and Transitional

Provisions

Chapter 1: Revision

Principle ...................................................................................... Art. 192

Total revision .............................................................................. Art. 193

Partial revision ............................................................................ Art. 194

Commencement .......................................................................... Art. 195

Chapter 2: Transitional Provisions

Transitional provisions in terms of the Federal Decree of

18 December 1998 on a new Federal Constitution .................... Art. 196

Transitional provisions following the adoption of the Federal

Constitution of 18 April 1999 .............................................. Art. 197

Final Provisions of the Federal Decree of 18 December

1998

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