{ Adopted: 29 May 1874 / Status: 1991 }
[Preamble]
In the Name of Almighty God, the Swiss Confederation, with
the intent of strengthening the alliance of the Confederates and
of maintaining and furthering the unity, strength and honor of
the Swiss nation, has adopted the following Federal
Constitution:
Article 1 [Cantons]
Together, the peoples of the 23 sovereign Cantons of
Switzerland united by the present alliance, to wit: Zurich,
Berne, Lucerne, Uri, Schwyz, Unterwalden (Upper and
Lower), Glarus, Zug, Fribourg, Soleure, Basle (City and
Rural), Schaffhausen, Appenzell (both Rhodes), St. Gall,
Grisons, Aargau, Thurgau, Ticino, Vaud, Valais, Neuchatel,
Geneva and Jura, form the Swiss Confederation.
Article 2 [Goals]
The aim of the Confederation is to preserve the outward
independence of the fatherland, to maintain internal peace and
order, to protect the freedom and the rights of the confederates
and to promote their common prosperity.
Article 3 [Cantonal Sovereignty]
The Cantons are sovereign insofar as their sovereignty is not
limited by the Federal Constitution and, as such, exercise all
rights which are not entrusted to the federal power.
Article 4 [Equality]
(1) All Swiss citizens are equal
(2) Men and women have equal rights. The law shall provide
for their equal treatment, especially as regards family, education
and work. Men and women are entitled to equal pay for equal
work.
Article 5 [Guarantees]
The Confederation shall guarantee the Cantons
Article 6 [Cantonal Constitutions]
(1) The Cantons are bound to request the Confederation to
guarantee their constitutions.
(2) This guarantee shall be afforded provided
a) these constitutions contain nothing inconsistent with the
Federal Constitution;
b) they ensure the exercise of political rights according
to republican (representative or democratic) forms.
Article 7 [Treaties between Cantons]
(1) All separate alliances and all treaties of a political nature
between Cantons are prohibited.
(2) The Cantons may, however, conclude agreements among
themselves concerning matters of legislation, justice and
administration, provided they bring such agreements to the
notice of the federal authority, which is entitled to prevent the
execution of the agreements if they contain anything contrary to
the Confederation or to the rights of other Cantons. If this is
not the case, the contracting Cantons may request the
cooperation of the federal authorities for the execution of such
agreements.
Article 8 [War and Foreign Affairs]
The Confederation alone has the right to declare war and to
make peace, as well as to conclude alliances and treaties,
especially customs and commercial treaties, with foreign states.
Article 9 [Cantonal Treaties]
Exceptionally, the Cantons retain the right to conclude treaties
with foreign states concerning matters of public economy,
neighborly relations and police provided such treaties contain
nothing contrary to the Confederation or to the rights of other
Cantons.
Article 10 [Cantonal Foreign Affairs]
(1) All official intercourse between the Cantons and foreign
governments or their representatives shall take place through the
agency of the Federal Council.
(2) The Cantons may, however, correspond directly with
subordinate authorities and officials of a foreign state with
respect to the matters mentioned in Article 9.
Article 11 [Military Capitulations]
No military capitulations may be concluded.
Article 12 [Duties of State Officials]
(1) Members of the federal authorities, federal, civil and
military officials and federal representatives or commissioners,
as well as members of cantonal governments or legislative
assemblies, may not accept pensions, allowances, titles, gifts or
decorations from foreign governments. Any infringement of
this prohibition shall entail the loss of mandate or office.
(2) Whoever is in possession of such a pension, title or
decoration may not be elected or appointed member of a federal
authority, civil or military official of the Confederation, federal
representative or commissioner or member of a cantonal
government or legislative assembly unless before assuming the
mandate or office he expressly renounces the benefit of the
pension or title or has returned the decoration.
(3) In the Swiss Army
(4) All officers, non-commissioned officers and soldiers are
forbidden to accept such distinctions.
Article 13 [Standing Army]
(1) The Confederation may not maintain a standing army.
(2) Without the consent of the federal authorities, no Canton or
Half-Canton may maintain a standing armed force of more than
300 men, not including Police forces.
Article 14 [Military Disputes between Cantons]
In the event of disputes arising among them, the Cantons are
bound to refrain from taking any independent action and from
arming. They shall submit to the settlement of such disputes as
decided in accordance with federal regulations.
Article 15 [Military Assistance between Cantons]
In the event of a Canton being suddenly threatened from
without, its government shall seek the assistance of other
Cantons while simultaneously informing the federal authority,
this being done without prejudice as to the measures that
authority may decide. The Cantons called upon are bound to
give their assistance. The Confederation shall bear the costs.
Article 16 [Federal Military Intervention]
(1) In the case of internal troubles or when danger threatens
from another Canton, the government of the threatened Canton
must immediately inform the Federal Council in order to enable
it to take appropriate measures within the limits of its
competence (Article 102 (3), (10) and (11)) or to
summon the Federal Assembly. In urgent cases, while
immediately informing the Federal Council, the government is
entitled to seek help from other Cantons, which are bound to
provide it.
(2) Whenever the cantonal government is unable to summon
help, the competent federal authority may intervene without
being called upon; this authority is bound to do so whenever the
security of Switzerland is at stake.
(3) In the event of a federal intervention, the federal authorities
shall ensure that the provisions of Article 5 are observed.
(4) The costs shall be borne by the Canton requesting or giving
cause for a federal intervention, unless the Federal Assembly
should decide otherwise in view of special circumstances.
Article 17 [Military Passage]
In the cases mentioned in Articles 15 and 16, every
Canton is bound to afford free passage to armed forces. These
shall immediately be placed under federal command.
Article 18 [Military Service]
(1) Every Swiss is under the obligation to perform military
service.
(2) Members of the armed forces who in the course of their
federal military service lose their life or suffer permanent injury
to their health shall be entitled to relief from the Confederation
for themselves or for their families, should they be in need.
(3) All members of the armed forces shall be given their first
arms, equipment and clothing free of charge. The soldiers shall
keep their personal arms under the conditions federal legislation
shall determine.
(4) The privilege tax on exemption from military service shall
be levied by the Cantons for the account of the Confederation,
according to the provisions of federal legislation.
Article 19 [Federal Army]
(1) The federal army consists of:
a) the troops of the Cantons;
b) all Swiss who, though not belonging to those troops, are
nevertheless subject to military service.
(2) The right to dispose of the army as well as of the war
materials provided for it by law rests with the Confederation.
(3) In time of danger, the Confederation also has the right to
dispose directly and exclusively of all men not incorporated into
the federal army as well as of all other military resources of the
Cantons.
Article 20 [Military Affairs]
(1) Legislation on military organization is a federal concern.
The execution of such legislation within the Cantons shall be
ensured by the cantonal authorities within the limits to be laid
down by federal legislation and under the supervision of the
Confederation.
(2) All military training is a federal concern; the same applies
to armament.
(3) The supply and maintenance of clothing and equipment
remains a cantonal concern; however, the expenses resulting
therefrom shall be reimbursed to the Cantons by the
Confederation according to regulations to be laid down by
federal legislation.
Article 21 [Composition of Military Units]
(1) Insofar as there are no objections to this for military
reasons, the military units shall be made up of men coming
from the same Canton.
(2) The composition of such units, the responsibility for
maintaining their effective strength and the appointment and
promotion of their officers are cantonal concerns subject to such
general regulations as the Confederation shall lay down.
Article 22 [Military Ground]
(1) The Confederation has the right to take over, against fair
compensation, the use or the ownership of military training
grounds and buildings destined to military purposes which
already exist in the Cantons.
(2) The regulations governing such compensation shall be laid
down by federal legislation.
Article 22bis [Civil Defence]
(1) Legislation on civil defence of persons and property against
the consequences of acts of war is a federal concern.
(2) The Cantons shall be consulted during the drafting of
executory legislation. They shall be entrusted with its execution
under the high supervision of the Confederation.
(3) The contributions of the Confederation towards the cost of
civil defence shall be fixed by law.
(4) The Confederation is entitled to institute compulsory civil
defence service for men by means of a federal law.
(5) Women may engage in voluntary civil defence service; the
details of such service shall be regulated by law.
(6) Allowances, insurance and compensation for loss of
earnings for persons performing civil defence service shall be
regulated by law.
(7) A law shall regulate the use of civil defence organizations in
emergencies.
Article 22ter [Property Rights]
(1) The right of ownership
(2) To the extent allowed by their constitutional powers, the
Confederation and the Cantons can, by legislation and for
reasons of public interest, make provision for expropriation and
restrictions on ownership.
(3) In cases of expropriation and restriction of ownership
equivalent to expropriation, fair compensation shall be paid.
Article 22quater [Zoning Plans]
(1) The Confederation shall decree by legislation principles
applicable to zoning plans to be drawn up by the Cantons for
the purpose of ensuring the judicious use of ground and rational
land occupation.
(2) It shall encourage and coordinate the efforts of the Cantons,
and collaborate with them.
(3) In carrying out its functions, it shall take into account the
needs of land zoning at national, regional, and local level.
Article 23 [Public Works]
(1) The Confederation is entitled in the interest of Switzerland,
or of a considerable part of it, to order public works at its own
expense or to encourage such works by granting subsidies.
(2) For this purpose, the Confederation may, against full
compensation, make use of the right of expropriation. Detailed
provisions in this regard shall be laid down by federal
legislation.
(3) The Federal Assembly may prohibit public works which
would affect the military interests of the Confederation.
Article 23bis [Bread Grain]
(1) The Confederation shall maintain such stocks of bread grain
as are necessary to ensure the country's food supply. It may
compel millers to store bread grain and to purchase it from the
Confederation's stocks in order to facilitate the latter's renewal.
(2) The Confederation shall encourage the cultivation of bread
grain within the country and promote the selection and
acquisition of high-quality home-grown seeds. It shall buy
home-grown quality bread grain suitable for milling at a price
which makes its cultivation possible. Millers can be compelled
to purchase such grain at not more than the Confederation's
cost price.
(3) The Confederation shall ensure the existence of a national
milling industry while at the same time safeguarding the
interests of consumers of flour and bread. It shall supervise,
within the limits of its powers, the trade in bread grain,
bread-flour and bread as well as the prices of these
commodities. The Confederation shall take the necessary
measures in order to regulate the import of bread-flour; it may
reserve to itself the exclusive right to import this commodity.
If necessary, the Confederation shall grant facilities to millers in
order to reduce their inland transport costs. It shall take
measures in order to adjust the price of flour in mountain areas.
(4) The revenue from customs duty levied on bread grain shall
serve to cover the Confederation's costs in supplying the
country with bread grain.
Article 24 [Rivers and Forests]
(1) The Confederation has the right of high supervision over the
control of river embankments and forests.
(2) It shall lend its support to works for the control and the
embanking of mountain streams as well as the reforestation of
their source areas. It shall lay down the regulations required to
maintain such works and to preserve existing forests.
Article 24bis [Water]
(1) To ensure the economical use and the protection of water
and the prevention of damage by water, the Confederation,
having regard to the total water economy, shall by legislation
establish principles in the general interest concerning:
a) the conservation and exploitation of water, especially for the
supply of drinking water and the enrichment of underground
water:
b) the use of water for energy production and for cooling
purposes;
c) the regulation of water levels and of the flow of surface and
underground water, the diversion of water outside its natural
course, irrigation and drainage and other intervention in the
water cycle.
(2) For the same purpose the Confederation shall issue
provisions on:
a) the protection of surface and underground water against
pollution and the maintenance of adequate water reserves;
b) the policing of hydraulic engineering installations, including
the correction of rivers and the safety of dams;
c) intervention to influence precipitation;
d) obtaining and evaluation of hydrological data;
e) the Confederation's right to requisition water for its transport
undertakings against payment of dues and adequate
compensation for inconvenience.
(3) Private rights reserved, the Cantons or those entitled under
cantonal legislation shall dispose of water and levy dues for its
use. The Cantons shall fix the dues within the limits laid down
by federal legislation.
(4) If the granting or exploitation of water rights affects
international relations, the Confederation shall give a decision
in consultation with the Cantons concerned. The same applies
to intercantonal relations if the Cantons concerned cannot agree.
In the case of international relations, the Confederation shall
determine the dues after granting the Cantons concerned a
hearing.
(5) The execution of the federal prescriptions shall be the
responsibility of the Cantons unless this is reserved by law to
the Confederation.
(6) In the exercise of its competence the Confederation shall
bear in mind the needs and safeguard the development
possibilities of the water source reas and of the Cantons
concerned.
Article 24ter [Navigation]
Legislation on navigation is a federal concern.
Article 24quater [Electrical Energy]
(1) The Confederation is empowered to issue legal provisions
concerning the transmission and distribution of electrical
energy.
(2) Energy produced by hydraulic power may only be exported
with the authorization of the Confederation.
Article 24quinquies [Atomic Energy]
(1) Legislation on atomic energy is a federal concern.
(2) The Confederation shall enact regulations on protection
against the danger resulting from ionizing rays.
Article 24sexies [Protection of Nature]
(1) The protection of nature and landscapes is a cantonal
concern.
(2) The Confederation shall, in carrying out its obligations,
preserve the characteristic aspects of landscapes and localities,
of historical sites as well as of natural and cultural monuments,
and it shall leave them untouched whenever the general interest
is predominant.
(3) The Confederation may assist efforts to protect nature and
landscapes by granting subsidies and it may acquire or conserve
nature reserves, historical sites and monuments of national
importance on a contractual basis or by means of expropriation.
(4) The Confederation is entitled to legislate on the protection
of animal and vegetable life.
(5) Moors and marshlands of special beauty and national
importance are protected objects. Installations must not be built
on them and no alterations to the land of any kind may be
carried out. Exceptions are installations which serve to
maintain the purpose of protection and the existing agricultural
use.
Transitional provision: Installations, buildings and alterations to the land which conflict with the purpose of conservation areas and which are undertaken after 1st June, 1983, particularly in the Rothenthurm marshlands on the territory of Cantons Schwyz and Zug, must be demolished and reversed at the builder's expense. The original state must be restored.
Article 24septies [Environmental Protection]
(1) The Confederation shall legislate for the protection of man
and his natural environment against harmful or annoying acts.
In particular it shall counter air pollution and noise.
(2) The carrying out of federal provisions shall fall to the
Cantons, insofar as the law does not limit this to the
Confederation.
Article 24octies [Energy Policy]
(1) The Confederation and the Cantons shall strive within the
framework of their competence for a sufficient, varied and
reliable, economical, and environment-compatible energy
supply and for an economical and rational use of energy.
(2) The Confederation shall issue principles for:
a) the use of domestic and renewable energies;
b) the economical and rational use of energy.
(3) The Confederation:
a) shall issue regulations concerning the use of energy by
installations, vehicles, and appliances;
b) shall promote the development of energy techniques,
particularly in the sphere of energy saving and renewable
energies.
(4) The Confederation shall have regard in its energy policy to
the efforts of the Cantons and their communities and of the
economic sector. Account is to be taken of the differing
circumstances of the individual regions of the country and of
economic acceptability. Measures concerning the use of energy
buildings shall be taken by the Cantons.
Article 25 [Hunting and Fishing]
The Confederation is entitled to legislate on hunting and
fishing, particularly in order to preserve alpine game and to
protect birds which are useful for agriculture and forestry.
Article 25bis [Animal Protection]
(1) The Confederation shall be empowered to legislate for the
protection of animals.
(2) Federal legislation shall apply in particular to:
a) the keeping and care of animals;
b) the use of and trade in animals;
c) the transportation of animals;
d) experiments involving live animals;
e) slaughter at abattoirs and other methods of killing
animals;
f) the import of animals and products of animal origin.
(3) The carrying out of federal regulations shall be incumbent
upon the Cantons where the law does not reserve this for the
Confederation.
Article 26 [Railways]
Legislation on the construction and operation of railways is a
federal concern.
Article 26bis [Pipelines]
Legislation on pipelines for the transport of liquid or gaseous
fuels is a federal concern.
Article 27 [Educational System]
(1) The Confederation is entitled to set up, in addition to the
existing polytechnic, a federal university and other
establishments for higher education or to subsidize such
institutions.
(2) The Cantons shall provide for adequate primary education
which shall be placed wholly under state control. Such
education shall be compulsory and, in public schools, free of
charge.
(3) It shall be possible for the adherents of all religious beliefs
to attend public schools without being affected in any way in
their freedom of belief or conscience.
(3bis) For the period of compulsory schooling the school year
shall begin between mid August and mid September.
(4) The Confederation shall take appropriate measures against
Cantons which fail to meet these requirements.
Article 27ter [Cultural Activities]
(1) The Confederation is entitled to legislate by means of laws
or generally binding federal decrees:
a) in order to promote Swiss film production and cultural
activities in the field of cinematography;
b) in order to regulate the import and distribution of films as
well as the opening and transformation of establishments for the
projection of films; if necessary, the Confederation may in so
doing depart from the freedom of trade and industry, should
this be justified by general cultural or state interest.
(2) The Cantons shall be consulted prior to the enactment of
executory legislation. The same shall apply to interested
cultural and economic associations.
(3) Should the federal legislation make the opening and
transformation of establishments for the projection of films
dependent on the granting of a license, the Cantons shall be
competent for the granting of such licenses according to the
procedure they shall determine.
(4) In all other respects, legislation in the field of
cinematography and its execution shall remain within the
competence of the Cantons.
Article 27quater [Scholarships]
(1) The Confederation may grant subsidies to the Cantons for
their expenses relating to scholarships and other forms of
financial aid for education.
(2) The Confederation itself may, in order to complement
cantonal regulations, take steps or assist measures in order to
further education by means of scholarships or other forms of
financial help.
(3) The autonomy of the Cantons in the field of education shall
always be upheld.
(4) Executory legislation shall take the form of federal laws or
generally binding federal decrees. The Cantons shall be
consulted beforehand.
Article 27quinquies [Physical Educations]
(1) The Confederation shall have the right to issue directives
relating to gymnastics and sporting activities for young people.
It shall have the power to compel by statute the teaching of
gymnastics and sport in schools. It will be for the Cantons to
apply federal directives in schools.
(2) The Confederation shall encourage gymnastics and sporting
activities for adults.
(3) The Confederation shall undertake the provision of a school
of gymnastics and sport.
(4) The Cantons and interested organizations shall be consulted
when implementing legislation is drafted.
Article 27sexies [Scientific Research]
(1) The Confederation shall encourage scientific research. Its
provision of finance may be conditional on coordination being
guaranteed.
(2) It can create research establishments or take over existing
establishments either entirely or in part.
Article 28 [Customs]
All matters relating to customs are a federal concern. The
Confederation has the right to levy import and export duties.
Article 29 [Customs Principles]
(1) The following principles shall govern the levying of customs
duties:
1) Import duties
a) the materials required for domestic industry and agriculture
shall be subject to the lowest possible duties;
b) the same shall apply to the necessities of life;
c) luxuries shall be subject to the highest duties. Unless there
are compelling reasons to the contrary, these principles shall
also be applied when concluding commercial treaties with
foreign states.
2) Export duty rates shall be as moderate as possible
3) The customs legislation shall contain suitable provisions to
facilitate frontier and market trade.
(2) Notwithstanding the foregoing provisions, the Confederation
may, in extraordinary circumstances, resort temporarily to
exceptional measures.
Article 30 [Customs Receipts]
(1) The receipts from the customs duties shall accrue to the
federal treasury.
(2) {...}
(3) {...}
Article 31 [Freedom of Trade and Industry]
(1) Freedom of trade and industry is guaranteed throughout the
territory of the Confederation, subject to such limitations as are
contained in the Federal Constitution and the legislation enacted
under its authority.
(2) Cantonal regulations concerning the exercise of trade and
industry and the taxes on such activities remain unaffected.
However, such regulations shall not depart from the principle of
freedom of trade and industry except where the Federal
Constitution provides otherwise. Cantonal monopolies are
likewise excepted.
Article 31bis [General Welfare, Economic Security]
(1) Within the limits of its constitutional powers, the
Confederation shall take measures to promote the general
welfare and the economic security of its citizens.
(2) While promoting the general interest of the Swiss economy,
the Confederation may enact regulations on the exercise of trade
and industry and take measures in favor of specific economic
sectors or professions. In so doing, it must respect the
principle of freedom of trade and industry, subject to the
provisions of Paragraph (3).
(3) Where this is justified by general interest, the Confederation
is entitled to enact regulations departing, if necessary, from the
principle of freedom of trade and industry in order to:
a) preserve important economic sectors or professions whose
existence is threatened and to improve the skills of persons
exercising an independent activity in those sectors or
professions;
b) maintain a sound peasant population, ensure agricultural
productivity and consolidate rural landownership;
c) protect regions whose economy is threatened;
d) prevent economically or socially harmful effects of cartels
and similar groupings;
e) take precautionary measures for the economic protection of
the country and also measures to ensure that the country is
supplied with vital goods and services in the event of severe
shortages which the economy itself cannot remedy.
(4) Regulations under headings a) and b) shall be enacted only
if the economic sectors or professions to be protected have
taken such measures to help themselves as can reasonably be
expected of them.
(5) Federal legislation enacted under Paragraph (3)(a) and (b),
shall promote the development of organizations based on mutual
assistance.
Article 31ter [Restaurants]
(1) The Cantons may legislate to make the running of
establishments serving food or drink depend on professional and
personal qualifications and also to subordinate the number of
establishments to the existence of a need whenever the very
existence of this trade is threatened by excessive competition.
In so doing, due account shall be taken of the importance of the
various types of establishments for the public welfare.
(2) Furthermore, the Confederation may, within the limits or its
own legislative powers, authorize the Cantons to enact
regulations on matters which do not call for federal legislation
and concerning which the Cantons themselves have no
legislative powers.
Article 31quater [Banking]
(1) The Confederation is entitled to legislate on banking.
(2) Such legislation shall take into consideration the specific
task and position of the cantonal banks.
Article 31quinquies [Economic Policy]
(1) The Confederation shall take measures to ensure balanced
economic development and, in particular, to prevent and
combat unemployment and price inflation. It shall collaborate
with the Cantons and private enterprise.
(2) In the case of measures in the monetary and banking
spheres, public finances and foreign trade, the Confederation
can, if necessary, depart from the principle of freedom of trade
and industry. It can oblige firms to form tax-privileged
employment creation reserves. After their release the firms
shall freely decide how to use them within the purpose laid
down by law.
(3) When drawing up their estimates the Confederation, the
Cantons and the Communes shall take into consideration the
requirements of the economic situation. The Confederation can
temporarily levy surcharges or grant rebates on federal taxes to
stabilize the economy. The money withdrawn from circulation
is to be frozen for as long as the economic situation requires.
Direct taxes shall then be refunded individually, indirect ones
shall be used for the granting of rebates or for work creation.
(4) The Confederation shall take into consideration the varying
economic development of the individual regions of the country.
(5) The Confederation shall conduct the necessary economic
policy surveys.
Article 31sexies [Consumer Protection]
(1) The Confederation, while safeguarding the general interests
of the Swiss economy as a whole and freedom of trade and
industry, shall take measures to Protect the consumer.
(2) In the area of federal legislation on unfair competition
consumer organizations have the same rights as professional and
industrial associations.
(3) For disputes arising from contracts between end users and
suppliers the Cantons shall, in cases up to a value prescribed by
the Federal Council, provide for an arbitration procedure or a
simple and quick litigation procedure.
(4) To prevent abuses in price fixing the Confederation shall
issue regulations for monitoring the prices and price
recommendations for goods and services of enterprises and
organizations governed by public and private law, especially of
cartels and cartel-like bodies, with a dominant position in the
market. Insofar as the purpose requires it, such prices can be
reduced.
Article 32 [Procedures for Economic Regulations]
(1) Provisions mentioned in Articles 31bis, 31ter (2),
31quater, and 31quinquies may only be enacted
through federal laws or federal decrees on which a popular vote
can be requested. In the case of emergencies occurring during
periods of economic disturbances, Article 89bis shall
remain applicable.
(2) The Cantons shall be consulted prior to the enactment of
executory legislation. As a rule, the execution of the federal
regulations shall be entrusted to them.
(3) Interested economic organizations shall be consulted prior to
the enactment of executory legislation and may be called upon
to cooperate in the application of executory regulations.
Article 32bis [Alcohol]
(1) The Confederation is entitled to legislate on the manufacture
import, refining, sale and taxation of distilled spirits.
(2) This legislation shall aim at reducing the consumption and
consequently the import and manufacture of spirits. It shall
encourage the growing of table-fruit and the use of indigenous
raw materials suitable for distillation as food or fodder. The
Confederation shall reduce the number of stills by way of
agreed purchases.
(3) Concessions for industrial manufacture of distilled spirits
shall be granted to cooperative and other private enterprises.
The concessions thus granted shall facilitate the use of waste
products from the cultivation of fruit-trees, grapes and
sugarbeets and of the surplus production of fruits and potatoes
to the extent that such raw materials cannot be suitably
employed otherwise.
(4) Non-commercial manufacture of distilled spirits from fruit,
fruit-waste, cider, wine, grape-skins, lees of wine, gentian
roots, and similar materials shall remain authorized in existing
domestic or circulating stills provided those materials are
exclusively indigenous and either the product of the distiller's
own harvest or grown wild. Such spirits shall be tax-free to the
extent that they are necessary for the manufacturer's household
or agricultural activities. Domestic stills continuing to operate
after a period of 15 years as from the adoption of this article
shall, in order to be able to continue their production, have to
apply for a license which shall be granted to them free of
charge, subject to the conditions to be specified by law.
(5) Specialties produced from distilled stone-fruit, wine,
grape-skins, lees of wine, gentian roots and similar products
shall be subject to taxation. The producer shall, however, be
enabled to obtain a fair remuneration for the indigenous raw
materials he uses.
(6) With the exception of tax-free quantities for home
consumption and specialties, the distilled spirits produced in the
country are to be delivered to the Confederation, which shall
take them over against a fair price.
(7) No taxes shall be levied on products which are exported, in
transit or denatured.
(8) The yield of taxes on sales in public establishments and on
retail trade within the limits of their territory shall remain the
due of the Cantons. Licenses for intercantonal and international
retail trade shall be granted by the Confederation; the
corresponding revenue shall be distributed amongst the Cantons
in proportion to their normal resident population.
(9) The Cantons shall receive 10 per cent of the Confederation's
net revenue from taxes on spirits, which they must spend on
combating the causes and effects of alcoholism and the abuse of
addictive and narcotic drugs and of medicaments. The funds
shall be distributed among the Cantons in proportion to their
resident populations. The Confederation must spend its share
on old age, survivors' and disability insurance.
Article 32ter [Absinthe Prohibition]
(1) The manufacture, import, transport, sale and holding for
sale of the liquor called absinthe are prohibited throughout the
Confederation. This prohibition extends to all spirits which,
whatever their designation, are an imitation of absinthe. It does
not apply to transit of absinthe nor to its use for pharmaceutical
purposes.
(2) The prohibition shall enter into force two years after its
adoption. Federal legislation shall lay down the provisions
rendered necessary by the prohibition.
(3) The Confederation is entitled to decree the same prohibition,
by means of legislation, with respect to all other beverages
containing absinthe which might constitute a public danger.
Article 32quater [Innkeeping]
(1) The Cantons are entitled to enact legislation in order to
subject the practice of the innkeeping profession and the retail
trade in spirits to the restrictions required by public welfare.
Trade in quantities less than two liters is deemed to be retail
trade in the case of non-distilled spirits.
(2) The Cantons may, within the limits of Article 31 (2),
and by appropriate legislation, subject the trade in non-distilled
spirits in quantities ranging from 2 to 10 liters to the granting of
a license and the payment of a modest fee as well as to
supervision by the authorities.
(3) The sale of non-distilled spirits may not be subjected by the
Cantons to the payment of special taxes apart from licensing
fees.
(4) Corporate persons may not be treated less favorably by
Cantons than individuals. Producers of wine and cider may se]l
their own production in quantities of two liters and more,
without authorization and without paying any fee.
(5) The Confederation is entitled to legislate on the trade in
non-distilled spirits in quantities of two liters and more. Such
provisions may not infringe the principle of freedom of trade
and industry.
(6) Hawking and other forms of itinerant sale of spirits are
prohibited.
Article 33 [Liberal Professions]
(1) The Cantons may require proofs of capacity from persons
who intend to exercise a liberal profession.
(2) Federal legislation shall provide the possibility for such
persons to obtain certificates of capacity valid throughout the
Confederation.
Article 34 [Child Labor, Worker Protection, Insurance Firms]
(1) The Confederation is entitled to enact uniform regulations
on the employment of children in factories and on the working
hours of adult persons. It is likewise entitled to enact
regulations in order to protect the worker against the operation
of unhealthy and dangerous industries.
(2) The business operations of emigration agencies and of
private insurance firms are subject to the supervision and
legislation of the Confederation.
Article 34bis [Health and Accident Insurance]
(1) The Confederation shall institute, by means of legislation,
an insurance against illness and accidents, taking due account of
existing insurance funds.
(2) It may make adherence thereto compulsory for all or for
specific categories of citizens.
Article 34ter [Employee Protection]
(1) The Confederation is entitled to legislate on:
a) the protection of employees;
b) the relations between employers and employees, particularly
as regards mutually agreed regulations concerning industrial and
professional matters;
d) adequate compensation for loss of wages and earnings due to
military service;
e) employment agencies;
f) {...}
g) vocational training in the fields of industry, crafts,
commerce, agriculture, and domestic service.
(2) The generally binding effect under heading c) may only be
decreed in the field of labor relations and provided such
regulations take due account of legitimate minority interests and
regional diversities and do not affect equality before the law and
freedom of association.
(4) The provisions of Article 32 shall be applicable by
analogy.
Article 34quater [Retirement and Disability Insurance]
(1) The Confederation shall adopt the measures necessary to
promote an adequate old age, survivors', and disability
insurance scheme. This scheme shall be provided for by a
federal insurance, professional insurance and insurance
undertaken by the individual.
(2) The Confederation shall institute, by means of legislation,
compulsory insurance for old age, survivors, and the disabled
covering the entire population. This insurance shall provide for
benefits in cash and in kind. Payments shall take appropriate
account of basic needs. Maximum payments shall not exceed
double the minimum payments. Payments shall be adjusted at
least to the cost of living. The insurance schemes shall be
implemented with the co-operation of the Cantons; professional
associations and other private or public organizations may be
called upon to cooperate. The insurance shall be financed:
a) by contributions by those insured; in the case of wage or
salary-earners, half the contributions shall be the responsibility
of the employer;
b) by a contribution from the Confederation, which shall not
exceed one half of the cost, and which shall be covered in the
first instance by the net revenue from the tax and customs duty
on tobacco, as well as by tax on spirits under the provisions
of Article 32bis (9);
c) if provided for in the implementing regulations, by a
contribution from the Cantons, which shall reduce accordingly
the share provided by the Confederation.
(3) In order to allow elderly people, survivors, and disabled
persons to maintain their previous standard of living in an
appropriate manner, the Confederation shall - taking into
account the provisions of the federal insurance scheme -
institute the following measures with regard to professional
insurance by means of legislation:
a) it shall oblige employers to insure their personnel with an
insurance institution for business enterprises, administrations, or
associations, or with some similar institution and to assume
responsibility for at least half of the contributions;
b) it shall fix the minimum requirements which these insurance
institutions must satisfy; it shall be entitled, in order to resolve
certain special problems, to make provisions for measures
applying to the whole country;
c) it shall take steps to ensure that every employer is able to
insure personnel with an insurance institution; it shall have
power to set up a federal fund;
d) it shall take steps to ensure that all self-employed persons
have the option of insuring themselves with an institution
undertaking professional insurance under conditions equivalent
to those offered to salary- or wage-earners. Insurance can be
made obligatory for certain categories of self-employed persons
generally or for covering specific risks.
(4) The Confederation shall take steps to ensure that the
professional insurance as well as the federal insurance schemes
are able, in the long term, to develop in accordance with their
aims.
(5) The Cantons can be obliged to grant tax exemptions to
institutions engaged in federal insurance or professional
insurance, as well as tax relief to those insured, and to their
employers with regard to contributions and rights to benefits.
(6) The Confederation, in collaboration with the Cantons, shall
encourage individuals to provide for their future, notably
through fiscal measures and policies which establish rights of
ownership.
(7) The Confederation shall encourage the rehabilitation of
disabled persons and support efforts made to assist elderly
persons, survivors and the disabled. It shall be entitled to use
the financial resources of the federal insurance scheme for this
purpose.
Article 34quinquies [Family Protection]
(1) The Confederation shall, in the exercise of the power
conferred upon it and within the limits set by the Constitution
have due regard for the needs of the family.
(2) The Confederation is entitled to legislate in the field of
family compensation funds. It may declare adherence thereto
compulsory for all or for specific categories of citizens. It shall
take account of the existing funds, assist the efforts of the
Cantons and professional associations to set up new funds and it
is entitled to establish a central compensation fund. It may
make its financial contributions dependent on adequate
participation of the Cantons.
(3) {...}
(4) The Confederation shall institute maternity insurance by
means of legislation. It may declare adhesion thereto
compulsory for all or for specific categories of citizens and it
may require persons to contribute financially who are not
eligible for insurance benefits. It may make its financial
contribution dependent on an adequate participation of the
Cantons.
(5) The laws enacted pursuant to this article shall be
implemented with the cooperation of the Cantons; private and
public associations may be called upon to cooperate.
Article 34sexies [Housing Development]
(1) The Confederation shall take measures aimed at encouraging
the construction of housing, especially through a lowering of
costs, and providing the opportunity for owning a dwelling or
house. Federal legislation shall determine the conditions for
giving assistance grants.
(2) The Confederation shall have the following particular
powers:
a) to facilitate the obtaining and development of sites for
housing construction;
b) to support efforts aimed at improving housing and
environmental conditions for families, persons with limited
earning capacity, the elderly, the disabled, and persons in
care;
c) to research into the housing market and into building
methods, and to encourage rationalization in building;
d) to ensure that capital is obtained for housing construction.
(3) The Confederation is authorized to decree the necessary
legal provisions for the development of sites intended for
housing construction as well as for rationalization in building.
(4) Insofar as the nature of these measures exceeds the powers
of the Confederation alone, the Cantons shall be called on to
help carry them out.
(5) The Cantons and other interested groups shall be consulted
during the drafting of implementing legislation.
Article 34septies [Tenant Protection]
(1) The Confederation shall be empowered to issue regulations
against abuses in the renting area. It shall regulate the
protection of tenants from excessive rents and other improper
demands by landlords, the voidability of improper notice and
the extension for a limited time of tenancies.
(2) In order to encourage the conclusion of common agreements
and to prevent abuses in the field of rents and housing, the
Confederation shall be empowered to decree provisions having
generally binding effect with regard to certain obligations in
basic contracts and other measures commonly agreed between
lessors and lessees, or organizations representing similar
interests. Article 34ter (2) of the Constitution is
applicable by analogy.
Article 34novies [Unemployment Insurance]
(1) The Confederation shall regulate unemployment insurance
by means of legislation. It is entitled to make regulations about
unemployment benefit.
(2) Unemployment insurance shall be obligatory for employees.
The law shall lay down the exceptions. The Confederation
shall ensure that self-employed persons can, on certain
conditions, insure themselves.
(3) Unemployment insurance shall guarantee adequate
compensation for loss of earnings and shall support, by means
of financial contributions, measures to prevent and combat
unemployment.
(4) Unemployment insurance shall be financed by the insured
persons' contributions; if the insured persons are employees
their employers shall bear half the cost of the contributions.
The law shall limit the amount of earned income subject to
contributions and the contribution rate. The Confederation and
the Cantons shall make financial contributions in exceptional
circumstances.
(5) The Cantons and economic groupings (unions, employers'
organizations, and professional organizations etc.) shall
cooperate in the making and implementation of the regulations.
Article 35 [Gambling]
(1) The opening and the running of gambling houses are
prohibited.
(2) Cantonal governments may, subject to the restrictions
required by the public welfare, permit recreational games to the
extent customary in the kursaals up to the spring of 1925,
provided that, in the opinion of the licensing authority, such
games appear necessary in order to maintain or to further the
tourist trade and that they are organized by enterprises running
kursaals for that purpose. The Cantons may also prohibit such
games.
(3) An order of the Federal Council shall determine the
restrictions required by the public welfare. The stake may not
exceed five francs.
(4) All licenses granted by the Cantons are subject to approval
by the Federal council.
(5) One quarter of the gross receipts from the games shall be
paid to the Confederation, which shall contribute these sums to
relief for victims of natural disasters and to public utility works,
without taking account of its own contributions.
(6) The Confederation may also take appropriate measures
concerning lotteries.
Article 36 [Post and Telegraphs, Secrecy]
(1) Throughout Switzerland, post and telegraphs are a federal
concern.
(2) Revenue from posts and telegraphs shall accrue to the
federal treasury.
(3) In all parts of Switzerland, rates shall be fixed according to
the same principles and as fairly as possible.
(4) The inviolability of the secrecy of letters and telegrams is
guaranteed.
Article 36bis [National Highways]
(1) The Confederation shall ensure the setting up and utilization
of a network of national highways by means of legislation. The
main communication routes which present an interest for the
whole of Switzerland may be declared national highways.
(2) The Cantons shall build and maintain the national highways
according to the regulations laid down by the Confederation and
under its high supervision. The Confederation may take over
the task incumbent upon a Canton on request by the latter or if
the interest of the work so requires.
(3) Land suitable for agricultural production shall be spared
whenever possible. Disadvantages as regards the utilization and
cultivation of land which result from the building of national
highways shall be compensated by appropriate measures at the
expense of the road-building funds.
(4) The cost of building, running and maintaining national
highways shall be shared between the Confederation and the
Cantons, due account being taken of the burdens falling on the
individual Cantons as a result of the national highways as well
as of their interests and financial resources.
(5) {...}
(6) Subject to the powers of the Confederation, the national
highways remain under the sovereignty of the Cantons.
Article 36ter [National Highways Finances]
(1) The Confederation shall allocate half the net revenue from
the import duty on motor fuels and all the revenue from any
supplementary tax to the following ends connected with road
traffic:
a) its share in the cost of the national highways;
b) contributions to the cost of building main highways
belonging to a network to be determined by the Federal Council
in collaboration with the Cantons and conforming to specific
technical standards;
c) contributions to the cost of removing level crossings or of
making them safe, to the promotion of combined traffic, of the
transport of accompanied motor vehicles, and of the building of
station parking facilities as well as other measures aimed at
separating traffic;
d) contributions to measures for the protection of the
environment and the landscape made necessary by motorized
road traffic and to structures for protection against the forces of
nature along roads open to motorized traffic;
e) general contributions to the cost of roads open to motor
vehicles and to financial equalization in highway matters;
f) contributions to Cantons with Alpine roads serving
international traffic and to Cantons without national highways.
(2) To the extent that the revenue from the basic tax earmarked
for the purpose is not sufficient to cover the tasks listed in
Paragraph (1) the Confederation shall levy a supplementary tax.
Article 37 [Roads and Bridges]
(1) The Confederation shall exercise high supervision over
roads and bridges in the upkeep of which it is interested.
(2) No duties may be collected for the use of roads the purpose
of which is to be open to the public. The Federal Assembly
may authorize exceptions in special cases.
Article 37bis [Vehicle Regulations]
(1) The Confederation is entitled to enact regulations concerning
automobiles and bicycles.
(2) The Cantons retain the right to limit or prohibit the
circulation of automobiles or bicycles. The Confederation may,
however, declare certain roads which are necessary for general
transit traffic totally or partially open. The use of the roads for
the service of the Confederation remains reserved.
Article 37ter [Aerial Regulations]
Legislation on aerial navigation is a federal concern.
Article 37quater [Footpath Networks]
(1) The Confederation shall lay down principles governing
footpath networks.
(2) The construction and maintenance of footpath networks shall
be a cantonal matter. The Confederation can support and
co-ordinate their activities.
(3) In the performance of its tasks the Confederation shall have
regard to footpath networks and replace paths which it has to
destroy.
(4) The Confederation and the Cantons shall collaborate with
private organizations.
Article 38 [Coinage, Monetary System]
(1) The Confederation is entitled to exercise all rights pertaining
to the state monopoly of coinage.
(2) It alone has the right to coin money.
(3) It shall determine the monetary system and, if necessary,
shall enact regulations on the rate of exchange.
Article 39 [Banknotes, Central Bank]
(1) The right to issue banknotes and other types of paper money
rests exclusively with the Confederation.
(2) The Confederation may exercise its monopoly of issuing
banknotes by means of a state bank placed under a separate
management or concede its right, subject to a right of
repurchase, to a joint stock central bank managed with the
collaboration and under the supervision of the Confederation.
(3) The main function of the bank enjoying the monopoly of
issuing banknotes shall be to regulate the circulation of money
in the country, to facilitate payment operations and to conduct
within the scope of federal legislation a credit and monetary
policy beneficial to the general interest of Switzerland.
(4) At least two thirds of the net profits of the bank after
deduction of a reasonable interest or of reasonable dividends on
the initial capital or the shares and of statutory payments to the
reserve fund shall accrue to the Cantons.
(5) The bank and its branches shall be exempt from any
taxation the Cantons.
(6) The Confederation may not suspend its obligation to
reimburse banknotes and other paper money nor decree the
compulsory acceptance thereof except in time of war or
disturbed monetary relations.
(7) Banknotes issued must be covered by gold and short-term
securities.
(8) Regulations on the implementation of this article shall be
laid down by federal legislation.
Article 40 [Weights and Measures]
(1) The determination of weights and measures is a federal
concern.
(2) The Cantons shall implement the legislation concerning this
subject under the supervision of the Confederation.
Article 41 [Arms]
(1) Manufacture and sale of gunpowder are the exclusive
concern of the Confederation.
(2) Manufacture, purchase and distribution of arms,
ammunition, explosives, and other kinds of war materials and
components thereof are subject to an authorization to be granted
by the Confederation. Such authorizations shall only be granted
to persons who and enterprises which present the necessary
guarantees in the light of the national interest. The rights of
state-owned enterprises of the Confederation remain reserved.
(3) The import and export of arms, ammunition, and war
materials as understood in the present provisions may take place
only with the authorization of the Confederation. The
Confederation is also entitled to make transit dependent on its
authorization.
(4) Subject to federal legislation, the Federal Council shall enact
the necessary regulations for the implementation of
Paragraphs (2) and (3) by means of an ordinance. In particular,
it shall lay down detailed regulations concerning the granting,
duration and recalling of concessions. Furthermore, it shall
specify the arms, ammunition, explosives, other materials and
components thereof to which the present provision shall apply.
Article 41bis [Taxes]
(1) The Confederation is entitled to levy the following
taxes:
a) stamp duties on securities, including coupons, bills of
exchange and similar documents, on insurance premium receipts
and other documents relating to trading operations; this right to
levy taxes does not extend to documents concerning transactions
in the field of real estate and mortgages;
b) an anticipatory tax on income from movable capital, on
lottery prizes, and insurance payments;
c) taxes on raw tobacco and manufactured tobacco, and on
other materials and on products manufactured from these other
materials which are used in the same way as raw tobacco and
manufactured tobacco;
d) special taxes affecting persons resident abroad to counteract
fiscal measures by foreign states.
(2) Any object which according to legislation is subject to a
federal tax under Paragraph (1)(a), (b) and (c), or exempt from
such taxes shall remain free from any taxation on similar
grounds by the Cantons or Communes.
(3) Federal legislation shall provide for the implementation of
this article.
Article 41ter [Additional Taxes]
(1) In addition to the taxes it is entitled to levy
under Article 41bis, the Confederation can levy:
a) a turnover tax;
b) special consumer taxes on the turnover and importation of
goods of the type designated in Paragraph (4);
c) a direct federal tax.
The power to levy the taxes mentioned under a) and c) shall
expire at the end of 1994.
(2) Turnover on which the Confederation levies taxes or which
it declares exempt from taxation according to Paragraph (1)(a)
and (b) shall not be subject to the same kind of taxation by the
Cantons and Communes.
(3) The turnover tax referred to in Paragraph (1)(a) can apply
to transactions in goods, to the import of goods, and to
professional work on movable property, buildings, and land
with the exception of cultivation of the soil for agricultural
purposes. The law shall stipulate which goods are exempt or
are to be taxed at a lower rate. The tax shall not exceed 6.2
per cent of the value of retail goods and 9.3 per cent of the
value of wholesale goods.
(4) The special consumer taxes according to Paragraph (1)(b)
shall apply to:
a) petroleum and natural gas, and products refined from them,
as well as motor fuel derived from other materials. Article
36ter similarly applies to proceeds from taxes on motor
fuel;
b) beer. The total tax rate to which beer is subject, consisting
of the beer tax, supplementary customs duty on raw materials
for brewing and on beer, and turnover tax, shall remain, in
proportion to the price of beer, at the level of 3lst December
1970.
(5) The direct federal tax, according to Paragraph (1)(c), shall
be established according to the following rules:
a) the tax is applicable to both the incomes of individuals and
the net profits, capital, and reserves of corporate bodies.
Corporate bodies, whatever their legal form, shall be rated,
according to their economic capacity, in as equitable a way as
possible;
b) the tax is levied by the Cantons on behalf of the
Confederation. Three tenths of the gross tax yield shall be
assigned to the Cantons; at least one sixth of the total
apportioned to the Cantons must be used for financial
equalization among Cantons;
c) in fixing tariffs, due account shall be taken of the burden
imposed by direct, cantonal, and communal taxes. The tax
shall not exceed:
- 9.5 per cent of the income of individuals; liability shall begin
at the earliest when net income reaches 9,000 francs or, in the
case of married Persons, 11,000 francs,
- 9.8 per cent of net profits of corporate bodies,
- 0.825 per cent of the capital and reserves of corporate
bodies.
The effect of fiscal drag on the tax on individuals' income shall
be adjusted periodically.
(6) Federal legislation shall govern the implementation of this
article.
Article 42 [Federal Resources]
In order to cover its expenses, the Confederation shall have the
following resources:
a) the income from federal property;
b) the net revenue from posts and from the monopoly of
gunpowder (Article 41);
c) the net receipts from the privilege tax on exemption from
military service (Article 18 (4));
d) the receipts from customs duties (Article 30);
e) the Confederation's share of the net receipts from taxes on
distilled spirits (Article 32bis and 34quater (7)) as
well as of the gross receipt from gambling (Article
35 (5));
f) the Confederation's share of the net profits of the bank
entrusted with the monopoly of issuing
bank-notes (Article 39 (4));
g) the receipts from federal taxes (Article 41bis and
following);
h) the receipts from fees and other revenues provided by law.
Article 42bis [Debt]
The Confederation shall reduce the federal debt. In so doing it
shall have due regard to the economic situation.
Article 42ter [Cantonal Equalization]
The Confederation shall encourage financial equalization among
the Cantons. In particular, appropriate consideration shall be
given to the financial resources of the Cantons and to the
situation of mountainous regions whenever federal subsidies are
granted.
Article 42quater [Tax Advantage Regulation]
The Confederation is entitled to enact regulations, by means of
legislation, against arrangements with tax-payers granting
unjustified tax advantages.
Article 42quinquies [Tax Administration]
(1) The Confederation, in cooperation with the Cantons, shall
ensure the harmonization of direct taxes levied by the
Confederation, the Cantons and the Communes.
(2) To this end it shall promulgate, by means of federal
legislation, principles for cantonal and communal legislation on
tax liability, on objects liable to tax, on taxation periods, and on
procedural and penal law governing taxation matters and shall
supervise compliance. The Cantons shall remain responsible, in
particular, for fixing tax scales, tax rates and tax-free amounts.
(3) In legislating on the principles for direct cantonal and
communal taxes and in legislating for direct federal taxes, the
Confederation shall take account of the efforts of the Cantons to
achieve fiscal harmonization. The Cantons shall be granted an
adequate period to adjust their fiscal legislation.
(4) The Cantons shall cooperate in the drafting of the federal
legislation.
Article 43 [Citizenship, Right to Vote]
(1) Every citizen of a Canton is a Swiss citizen.
(2) In this capacity, he may take part in all federal elections and
votes
(3) No one may exercise political rights in more than one
Canton.
(4) The established Swiss citizen shall enjoy at his domicile all
the rights of the citizens of that Canton and, with these, all the
rights of the citizens of that Commune. However, sharing in
property belonging in common to local citizens or to
corporations and the right to vote in matters exclusively
regarding local citizens are excepted unless cantonal legislation
should provide otherwise.
Article 44 [Acquisition of Citizenship]
(1) The Confederation shall regulate the acquisition and loss of
citizenship through descent, marriage and adoption and the loss
of Swiss nationality and its restoration.
(2) Swiss nationality can also be acquired through naturalization
in a Canton and a Commune. Naturalization is carried out by
the Cantons after the Confederation has granted permission for
naturalization. The Confederation shall issue minimal
regulations.
(3) Anyone who is naturalized shall have the rights and duties a
citizen of a Canton and a Commune. Insofar as the cantonal
law provides for this he shall share in the property belonging in
common to local citizens and corporations.
Article 45 [Settlement, Extradition]
Every Swiss citizen can settle in any place in the country. A
Swiss may not be expelled from Switzerland.
Article 45bis [Swiss Living Abroad]
(1) The Confederation is entitled to further the relations of
Swiss living abroad among themselves and with the fatherland
and to assist institutions set up to that effect.
(2) It may, taking account of the special situation of the Swiss
living abroad, enact regulations determining their rights and
duties, in particular with respect to the exercise of political
rights, the carrying out of military obligations and to assistance.
The Cantons shall be consulted beforehand.
Article 46 [Subjection to Jurisdiction]
(1) In matters of civil law, established persons shall, as a rule,
be subject to the jurisdiction and legislation of their domicile.
(2) Federal legislation shall enact the provisions required to
implement this principle and to prevent double taxation.
Article 47 [Resident Swiss Citizens]
A federal law shall specify the difference between establishment
and residence and at the same time lay down provisions
regulating the political and civil rights of resident Swiss
citizens.
Article 48 [Assistance for Needy Persons]
(1) Needy persons shall be assisted by the Canton in which they
are living. The cost of this assistance shall be borne by their
canton of domicile.
(2) The Confederation can order that recourse be had to a
previous canton of domicile or the canton of origin.
Article 49 [Freedom of Religion and Belief]
(1) Freedom of creed and conscience
(2) No one may be forced to participate in a religious
association, to attend religious teaching or to perform a
religious act, nor be subjected to penalties of any sort because
of his religious beliefs.
(3) The holder of the paternal or tutelary authority shall
determine the religious education of children in conformity with
the foregoing principles until they have completed their 16th
year.
(4) The exercise of civil or political rights may not be restricted
by any prescription or condition of an ecclesiastical or religious
nature.
(5) Religious beliefs do not exempt anyone from carrying out
civic duties.
(6) No one shall be bound to pay taxes the proceeds of which
are specifically appropriated to cover the cost of worship within
a religious community to which he does not belong. The
detailed implementation of this principle shall be a matter for
federal legislation.
Article 50 [Right to Worship]
(1) The free exercise of acts of worship is guaranteed within the
limits set by public order and morality.
(2) The Cantons and the Confederation may take appropriate
measures for the preservation of public order and of peace
among the members of the different religious communities, as
well as against encroachment by religious authorities on the
rights of citizens and the state.
(3) Disputes of public or private law which may arise out of the
creation of new religious communities or out of the splitting up
of existing communities may be brought before the competent
federal authorities by lodging a complaint.
(4) The establishment of bishoprics on Swiss territoy is subject
to the authorization of the Confederation.
Article 53 [Registration, Burial]
(1) The determination and registration of civil status rests with
the civil authorities. Federal legislation shall lay down further
provisions on this subject.
(2) The disposal of burial grounds is a concern of the civil
authorities. They shall make sure that every deceased person
can have a decent burial.
Article 54 [Right to Marry]
(1) The right to marry is placed under the protection of the
Confederation.
(2) This right may not be limited for religious or economic
reasons nor on account of previous conduct or of other police
considerations.
(3) A marriage which has been celebrated in a Canton or
abroad according to the local legislation shall be recognized as
valid within the whole territory of the Confederation.
(5) Children born before marriage shall be legitimized by the
subsequent marriage of their parents.
(6) No bride-admission fee or any other similar tax may be
levied.
Article 55 [Freedom of the Press]
(1) The freedom of the press is guaranteed.
(2) {...}
(3) {...}
Article 55bis [Radio and Television]
(1) Legislation concerning radio and television and other forms
of public diffusion of features and information by
telecommunication techniques is a matter for the Confederation.
(2) Radio and television shall contribute to the cultural
development and entertainment of the listeners and viewers and
to the free formation of opinion. They shall take into account
the peculiarities of the country and the needs of the Cantons.
They shall present events factually and give impartial
expression to multiplicity of views.
(3) The independence of radio and television and autonomy in
the creation of programs are guaranteed within the limits laid
down in Paragraph (2).
(4) Account is to be taken of the position and functions of other
communications media, especially the press.
(5) The Confederation shall create an independent authority to
examine complaints.
Article 56 [Freedom of Association]
(1) Citizens have the right to form associations provided that
neither the purpose of such associations nor the means used to
carry it out are illegal or dangerous to the state. Cantonal laws
shall lay down the measures required to repress the misuse of
this right.
(2) {...}
(3) {...}
Article 57 [Right of Petition]
The right of petition is guaranteed.
Article 58 [Constitutional Judge, Ecclesiastical Jurisdiction]
(1) No one may be deprived of his constitutional judge;
therefore no extraordinary courts of law may be set up.
(2) Ecclesiastical jurisdiction is abolished.
Article 59 [Personal Jurisdiction]
(1) The solvent debtor having a domicile in Switzerland must be
sued, for personal debts, before the judge of his domicile;
therefore, his property may not be seized or attached for
personal claims outside the Canton in which he has his
domicile.
(2) In the case of aliens, the pertinent provisions of international
treaties remain reserved.
(3) Imprisonment for debts is abolished.
Article 60 [Intercantonal Equality]
All Cantons are bound to afford all Swiss citizens the same
treatment as their own citizens in the fields of legislation and of
judicial proceedings.
Article 61 [Intercantonal Enforceability of Judgments]
Final judgments rendered in civil law cases in all Cantons shall
be enforceable in the whole of Switzerland.
Article 62 [Transfer Taxes, Cantonal Preemption Rights]
All transfer taxes on the moving of property inside Switzerland
and all preemption rights of citizens of one Canton against
citizens of other Cantons are abolished.
Article 63 [Free Transfer of Property]
With respect to foreign states, free transfer of personal
belongings shall be granted, provided reciprocity exists.
Article 64 [Federal Civil Legislation]
(1) The Confederation is entitled to legislate
- on civil capacity,
- on all legal matters relating to commerce and movable
property transactions (law of contracts and tort including
commercial law and law of bills of exchange),
- on copyrights in literature and arts,
- on protection of inventions suitable for industrial use,
including designs and models,
- on suits for debts and bankruptcy.
(2) The Confederation is also entitled to legislate in the other
fields of civil law.
(3) The organization of the courts, procedure, and jurisdiction
shall remain a matter for the Cantons as before.
Article 64bis [Federal Criminal Legislation]
(1) The Confederation is entitled to legislate in the field of
criminal law.
(2) The organization of the courts, procedure, and jurisdiction
shall remain a matter for the Cantons as before.
(3) The Confederation is entitled to grant subsidies to the
Cantons for the construction of penitentiaries, workhouses and
reformatories and for penal reforms. It is also entitled to assist
institutions for the protection of neglected children.
Article 64ter [Victim Protection]
The Confederation and the Cantons shall ensure that the victims
of criminal acts against life and the person receive assistance.
This shall include appropriate compensation if, in consequence
of the criminal act, the victims get into financial difficulties.
Article 65 [Capital Punishment]
(1) No death sentence may be passed for political crimes.
(2) Corporal punishments are prohibited.
Article 66 [Deprivation of Political Rights]
Federal legislation shall fix the limits within which a Swiss
citizen can be deprived of his political rights.
Article 67 [Extradition]
Federal legislation shall lay down the necessary provisions
concerning the extradition of the accused from one Canton to
another; however, extradition may not be made compulsory for
Political and press offences.
Article 68 [Statelessness]
Measures to secure citizenship for stateless persons and to
prevent new cases of statelessness shall be a matter for federal
legislation.
Article 69 [Contagious Diseases]
The Confederation is entitled to enact legislation in order to
combat contagious, widespread and particularly dangerous
diseases of man and animals.
Article 69bis [Consumer Protection]
(1) The Confederation is entitled to legislate:
a) on trade in foodstuffs;
b) on trade in other consumer goods insofar as they may
endanger life or health.
(2) The Cantons shall implement these provisions.
(3) Control of imports at the national frontiers shall be
exercised by the Confederation.
Article 69ter [Immigration, Asylum]
(1) The Confederation is entitled to legislate on immigration,
emigration, residence and establishment of aliens.
(2) The Cantons shall decide on residence and settlement in
accordance with federal legislation. The Confederation is,
however, entitled to give final decisions on:
a) cantonal authorizations for protracted residence and
settlement as well as exceptions made in cases of hardship;
b) violations of treaties concerning establishment;
c) cantonal expulsion orders valid for the whole territory of the
Confederation;
d) refusal to grant asylum.
Article 70 [Expulsion]
The Confederation has the right to expel from its territory
aliens who endanger the internal or external security of
Switzerland.
[Subsection 0 General Provisions]
Article 71 [Federal Assembly]
Subject to the rights of the people and the
Cantons (Articles 89 and 121; at the present time:
Articles 89, 89bis, 120, 121, 121bis and
123) the supreme power of the Confederation shall be
exercised by the Federal Assembly which consists of two
sections or councils, to wit:
A. the National Council;
B. the Council of States.
Article 72 [National Council Membership]
(1) The National Council shall be composed of 200
representatives of the Swiss people.
(2) The seats shall be distributed among the Cantons and Half-
Cantons in proportion to their resident population, each Canton
and Half-Canton being entitled to one seat at least.
(3) A federal law shall lay down detailed provisions.
Article 73 [National Council Elections]
(1) The elections to the National Council shall be direct. They
shall take place according to a system of proportional
representation, each Canton or Half-Canton forming one
electoral district.
(2) Federal legislation shall lay down detailed provisions for the
implementation of this principle.
Article 74 [National Council Electorate]
(1) Swiss men and women shall have the same rights and the
same duties in matters of federal elections and other federal
polls.
(2) Each Swiss man and each Swiss woman who has completed
his or her 18th year and who has not been deprived of his or
her political rights by the legislation of the Confederation or of
the Canton where he or she is resident has the right to
participate in such elections and other polls.
(3) The Confederation can decree uniform legal provisions on
the right to participate in elections and other polls on federal
matters.
(4) The right at cantonal level shall remain the affair of cantonal
and communal voting and elections.
Article 75 [National Council Eligibility]
Every lay Swiss citizen entitled to vote is eligible for
membership of the National Council.
Article 76 [National Council Election Period]
The National Council shall be elected every four years and each
time the whole Council is subject to election.
Article 77 [National Council Incompatibilities]
Members of the Council of States and of the Federal Council
and officials appointed by the latter may not at the same time be
members of the National Council.
Article 78 [National Council Presidency]
(1) The National Council shall elect from among its members a
president and a vice-president for each ordinary and
extraordinary session
(2) The member who has been president during an ordinary
session is not eligible to be president or vice-president for the
following ordinary session. The same member may not be
vice-president during two successive ordinary sessions.
(3) When the votes are equal the president shall have the
casting vote; at elections he shall have the same voting rights as
every other member.
Article 79 [National Council Allowances]
Members of the National Council shall be paid an allowance by
the federal treasury.
Article 80 [Council of States Membership]
The Council of States shall consist of 46 representatives of the
Cantons. Each Canton shall elect two representatives; in the
halved Cantons, each Half-Canton shall elect one
representative.
Article 81 [Council of States Incompatibilities]
Members of the National Council and of the Federal Council
may not at the same time be members of the Council of States.
Article 82 [Council of States Presidency]
(1) The Council of States shall elect from among its members a
president and a vice-president for each ordinary and
extraordinary session.
(2) Neither the president nor the vice-president may be elected
from among the representatives of the Canton from which the
president of the immediately preceding ordinary session has
chosen.
(3) Representatives of the same Canton may not hold office as
vice-presidents for two successive ordinary sessions.
(4) When the votes are equally divided, the president shall
decide; in elections, he shall vote like any other member.
Article 83 [Council of States Allowances]
Members of the Council of States shall be paid an allowance by
the Cantons.
Article 84 [Federal Assembly Authority]
The National Council
Article 85 [Federal Assembly Competences]
The matters within the competence of the two Councils are in
particular the following
(1) Laws on the organization and the mode of election of the
federal authorities.
(2) Laws and decrees on matters which the Constitution places
within the competence of the Confederation.
(3) Salaries and allowances of the members of the federal
authorities and the Federal Chancery; setting up of permanent
federal offices and determination of the corresponding salaries.
(4) Election of the Federal Council, the Federal Court, the
Chancellor and the General of the federal army. Federal
legislation may entrust to the Federal Assembly the right to
make or to confirm other appointments.
(5) Alliances and treaties with foreign states as well as approval
of treaties of Cantons among themselves or with foreign states.
However, such treaties of the Cantons shall only be submitted
to the Federal Assembly if the Federal Council or another
Canton raises an objection to them.
(6) Measures for the external security as well as for the
preservation of the independence and neutrality of Switzerland,
declaration of war and conclusion of peace.
(7) Guarantee of the constitutions and the territory of the
Cantons; interventions pursuant to this guarantee; measures for
internal security and the preservation of peace and order;
amnesty and pardon.
(8) Measures aimed at the implementation of the Federal
Constitution, the guaranteeing of the cantonal constitutions and
the carrying out of federal obligations.
(9) The right to dispose over the federal army.
(10) The drawing up of the annual budget
(11) General supervision of federal administration and justice.
(12) Complaints against decisions of the Federal Council
concerning administrative disputes (Article 113).
(13) Conflicts of competence between federal authorities.
(14) Revision of the Federal Constitution.
Article 86 [Federal Assembly Sessions]
(1) Both Councils shall meet once a year for an ordinary
session on a day to be determined by their rules of procedure.
(2) They shall be convened for an extraordinary session by
decision of the Federal Council or on request from one quarter
of the members of the National Council or from five Cantons.
Article 87 [Federal Assembly Competency]
In order that a Council may deliberate validly, the absolute
majority of its members must be present.
Article 88 [Federal Assembly Majority Rule]
In the National Council and the Council of States decisions are
taken by the absolute majority of the members casting a vote.
Article 89 [Federal Assembly Legislation]
(1) Federal laws and federal decrees must be approved by both
Councils.
(2) Federal laws and generally binding federal decrees must be
submitted to the people for approval or rejection if 50,000
Swiss citizens entitled to vote or eight Cantons so demand.
(3) Paragraph (2) shall be applicable also to international
treaties which:
a) are of unspecified duration and cannot be denounced;
b) provide for adherence to an international organization;
c) entail a multilateral unification of the law.
(4) By a decision of both Houses Paragraph (2) shall be
applicable to other treaties.
(5) Adherence to collective security organizations or to
supranational bodies shall be submitted to the vote of the people
and the Cantons.
Article 89bis [Federal Assembly Decrees]
(1) Generally binding federal decrees whose entry into force
ought not to be delayed may be put into effect immediately by a
majority of all members of each of the two Councils; the period
of validity is to be limited.
(2) If 50,000 Swiss citizens entitled to vote or eight Cantons
request a popular vote, the decrees put immediately into effect
shall lose their validity one year after their adoption by the
Federal Assembly if they have not been approved by the people
during that period; in that case, they may not be renewed.
(3) Decrees put immediately into effect which have no
constitutional basis must be approved by the people and the
Cantons within one year after their adoption by the Federal
Assembly; failing this, they shall lose their validity after the
lapse or this year and may not be renewed.
Article 90 [Federal Assembly Legislation Formalities]
Federal legislation shall lay down the necessary rules
concerning the formalities and time-limits for popular votes.
Article 91 [Federal Assembly Voting Procedure]
Members of both Councils shall vote without instructions.
Article 92 [Federal Assembly Joint Meetings]
Each Council shall deliberate separately. However, for
elections (Article 85 (4)), for the exercise of the right of
pardon and when deciding conflicts of competence (Article
85 (13)), both Councils shall assemble for a joint meeting
under the chairmanship of the President of the National Council
and decisions shall be taken by the majority of the members of
both Councils casting a vote.
Article 93 [Federal Assembly Initiative]
(1) Each of the two Councils and each of their members have
the right of initiative.
(2) The Cantons may exercise the same right by
correspondence.
Article 94 [Federal Assembly Publicity]
As a rule, the meetings of both Councils shall be public.
Article 95 [Federal Council]
The supreme executive and governing
Article 96 [Federal Council Elections]
(1) The members of the Federal Council shall be elected by the
Federal Assembly for four years from among all the Swiss
citizens who are eligible for the National Council. However,
not more than one member may be elected from the same
Canton.
(2) The Federal Council shall be elected anew after each
renewal of the National Council.
(3) Vacancies occurring during the four-year period shall be
filled in the following session of the Federal Assembly for the
remainder of the term.
Article 97 [Federal Council Incompatibilities]
Members of the Federal Council may not hold another office,
be it in the service of the Confederation or in a Canton, nor
carry on any other profession or industry.
Article 98 [Federal Council Presidency]
(1) The chairman of the Federal Council shall be the President
of the Confederation; he and the Vice-President shall be chosen
by the Federal Assembly from among the members of the
Council for a term of one year.
(2) The outgoing President is not eligible to be President or
Vice-President for the following year. The same member may
not hold the office of Vice-President for two successive years.
Article 99 [Federal Council Salaries]
The President of the Confederation and the other members of
the Federal Council shall draw a salary from the federal
treasury.
Article 100 [Federal Council Competency]
In order that its deliberations may be valid, at least four
members of the Federal Council must be present.
Article 101 [Federal Council Privileges]
Members of the Federal Council may participate in the debates
of both sections of the Federal Assembly in a consultative
capacity and have the right to voice proposals concerning the
subject-matter under discussion.
Article 102 [Federal Council Powers]
The powers and obligations of the Federal Council, within the
limits of this constitution, are in particular the following:
(1) It shall conduct federal affairs in conformity with the federal
laws and decrees.
(2) It shall ensure compliance with the constitution, the laws
and the decrees of the Confederation as well as with the
provisions of the federal concordats; it shall, on its own
initiative or pursuant to a request, take the necessary steps to
secure their enforcement to the extent that such requests are not
among those which fall within the jurisdiction of the Federal
Court according to Article 113.
(3) It shall ensure that the guarantee of the cantonal
constitutions is not infringed.
(4) It shall submit to the Federal Assembly drafts of laws and
decrees and shall give its opinion on proposals submitted to it
by the Councils or the Cantons.
(5) It shall give effect to the federal laws and decrees, the
judgments of the Federal Court as well as to the settlements or
arbitral awards in connection with disputes between Cantons.
(6) It shall make the appointments which are not entrusted to
the Federal Assembly, the Federal Court or another authority.
(7) It shall examine the agreements of the Cantons among
themselves and with foreign states and shall approve them if
they are admissible (Article 85 (5)).
(8) It shall watch over the external interests of the
Confederation, particularly its international relations, and it
shall be in charge of external affairs generally.
(9) It shall watch over the external security of Switzerland and
over the preservation of its independence and neutrality.
(10) It shall ensure the internal security of the Confederation
and the preservation of peace and order.
(11) In urgent cases and if the Federal Assembly is not meeting,
the Federal Council is entitled to raise the necessary troops and
to dispose of them, with the reservation that it shall summon the
Federal Assembly immediately if the troops raised exceed 2000
men or remain under arms for more than three weeks.
(12) It shall be in charge of the military affairs of the
Confederation and of all branches of the federal administration.
(13) It shall examine the laws and decrees of the Cantons which
require its approval; it shall supervise such branches of cantonal
administrations as are placed under its control.
(14) It shall manage the finances of the Confederation, draft the
budget and render the accounts of receipts and expenditure.
(15) It shall supervise the official activities of all officials and
employees of the federal administration.
(16) At each ordinary session, it shall render an account of its
activities to the Federal Assembly and submit a report on the
internal as well as on the external state of the Confederation
and it shall draw the Federal Assembly's attention to such
measures as it deems useful for the promotion of common
prosperity. It shall also submit reports on specific questions if
the Federal Assembly or one of its sections so request.
Article 103 [Federal Council Principles]
(1) The tasks of the Federal Council shall be distributed among
its members according to departments. Decisions are taken by
the Federal Council as a body.
(2) Federal legislation may authorize the departments or the
services thereof to settle certain matters directly, subject to the
right of appeal.
(3) Federal legislation shall determine in which cases the appeal
shall be referred to a federal administrative court.
Article 104 [Federal Council Advice]
The Federal Council and its departments are entitled to call in
experts on specific matters.
Article 105 [Federal Chancery]
(1) A Federal Chancery, headed by the Chancellor of the
Confederation, shall act as the secretariat of the Federal
Assembly and the Federal Council.
(2) The Chancellor shall be elected by the Federal Assembly for
a term of four years, at the same time as the Federal Council.
(3) The Federal Chancery shall be placed under the special
supervision of the Federal Council.
(4) Federal law shall determine the details of the organization of
the Federal Chancery.
Article 106 [Federal Court]
(1) A Federal Court
(2) In criminal cases (Article 112) a jury shall be instituted
to pronounce a verdict.
Article 107 [Federal Court Membership]
(1) The members of the Federal Court and their substitutes shall
be elected by the Federal Assembly which shall ensure that the
three official languages of the Confederation are represented.
(2) The organization of the Federal Court and of its divisions,
the number of its members and substitutes, the duration of their
term of office and their salary shall be determined by law.
Article 108 [Federal Court Eligibility, Incompatibilities]
(1) Any Swiss citizen who is eligible for the National Council
may be appointed to the Federal Court.
(2) The members of the Federal Assembly and of the Federal
Council and the officials appointed by these authorities may not
at the same time be members of the Federal Court.
(3) Members of the Federal Court may not hold another office,
be it in the service of the Confederation or in the Cantons, or
carry on any other occupation or trade.
Article 109 [Federal Court Organization]
The Federal Court shall organize its chancery and appoint its
staff.
Article 110 [Federal Court Civil Jurisdiction]
(1) The Federal Court shall adjudicate civil law disputes:
1) between the Confederation and the Cantons;
2) between the Confederation and corporations or private
persons if the subject of the dispute is of a degree of importance
to be determined by federal legislation and if those corporations
or private persons are plaintiffs;
3) between the Cantons;
4) between Cantons and corporations or private persons if the
subject of the dispute is of a degree of importance to be
determined by the federal legislation and if one of the parties so
requests.
(2) The Federal Court shall also adjudicate disputes concerning
statelessness and disputes between Communes of different
Cantons concerning questions of citizenship.
Article 111 [Federal Court Choice of Jurisdiction]
The Federal Court is also bound to adjudicate other cases if
both parties agree to refer them to it and if the subject of the
dispute is of a degree of importance to be determined by federal
legislation.
Article 112 [Federal Court Criminal Jurisdiction, Jury]
The Federal Court shall pass judgment, with the assistance of a
jury to give a verdict on the facts, in criminal cases
concerning:
1) High treason against the Confederation, revolt and violence
against the federal authorities;
2) crimes and offences against the law of nations;
3) political crimes and offences which are the cause or the
consequence of disorders which give rise to an armed federal
intervention.
4) Charges against officials appointed by a federal authority, if
the latter refers them to the Federal Court.
Article 113 [Federal Court Public Law Jurisdiction]
(1) The Federal Court shall further adjudicate:
1) Conflicts of competence between federal authorities on the
one hand and authorities of the Cantons on the other;
2) disputes between Cantons in the field of public law;
3) complaints concerning the violation of the constitutional
rights of citizens as well as individual complaints concerning
the violation of concordats and international treaties.
(2) The administrative disputes which shall be specified by
federal legislation are excepted.
(3) In all aforementioned instances, the Federal Court shall
apply the laws and generally binding decree adopted by the
Federal Assembly, as well as the international treaties approved
by this Assembly.
Article 114 [Federal Court Confered Jurisdiction]
Federal legislation may also confer jurisdiction upon the Federal
Court on matters other than those specified in Articles 110, 112
and 113; it may, in particular, with regard to the enactment
of the federal laws provided for in Article 64, determine
the competence necessary to ensure their uniform application.
Article 114bis [Federal Administrative Court]
(1) The Federal Administrative Court shall adjudicate
administrative disputes falling within the scope of the
Confederation and referred to it by federal legislation.
(2) The Administrative Court shall also adjudicate disciplinary
cases of the federal administration referred to it by federal
legislation insofar as such cases shall not be referred to a
special jurisdiction.
(3) The Court shall apply the federal legislation and the treaties
approved by the Federal Assembly.
(4) The Cantons are entitled, subject to the approval of the
Federal Assembly, to refer to the Federal Administrative Court
for adjudication administrative disputes falling within the scope
of their competence.
(5) The organization of federal administrative and disciplinary
jurisdiction and its procedure shall be determined by law.
Article 115 [Seat of Federal Authorities]
Everything concerning the seat of the federal authorities shall be
a matter of federal legislation.
Article 116 [Languages]
(1) German, French, Italian and Romansh are the national
languages of Switzerland.
(2) German, French and Italian are declared to be the official
languages of the Confederation.
Article 117 [Official Liability]
The officials of the Confederation are responsible for their
official activities. A federal law shall specify the scope of this
responsibility.
Article 118 [Constitutional Revision]
At any time, the Federal Constitution may be revised wholly or
in part.
Article 119 [Constitutional Total Revision]
The total revision shall be carried out in accordance with the
forms laid down for federal legislation.
Article 120 [Constitutional Total Revision Procedures]
(1) If one section of the Federal Assembly decides on a total
revision of the Federal Constitution and the other does not
consent or if 100,000 Swiss citizens entitled to vote demand the
total revision of the Federal Constitution, the question whether
such a revision should take place or not must be submitted in
both cases to the vote of the Swiss people.
(2) If in either of these cases the majority of the Swiss citizens
casting a vote give an affirmative answer, both Councils shall
be elected anew in order to undertake the revision.
Article 121 [Constitutional Partial Revision Procedures]
(1) Partial revision may be carried out either by means of a
popular initiative or in accordance with the forms laid down or
federal legislation.
(2) The popular initiative consists of a request, presented by a
hundred thousand Swiss citizens entitled to vote, aiming at the
introduction, setting aside or modification of specified articles
of the Federal Constitution.
(3) If by means of a popular initiative several different
provisions are to be modified or introduced into the Federal
Constitution, each one must be the subject of a separate
initiative request.
(4) An initiative request may consist of a general proposal or
take the form of a complete draft.
(5) If such a request consists of a general proposal and if it
meets with the approval of the Federal Chambers, the latter
shall prepare a partial revision along the lines of the proposal
and submit their draft to the people and the Cantons for
adoption or rejection. If the Federal Chambers do not approve
of the request, the question of partial revision shall be submitted
to the decision of the people; if the majority of the Swiss
citizens casting a vote decide in the affirmative, the Federal
Assembly shall undertake the revision in conformity with the
decision of the people.
(6) If the request is in the form of a complete draft and if it
meets with the approval of the Federal Assembly, the draft shall
be submitted to the people and the Cantons for adoption or
rejection. If the Federal Assembly disagrees, it may prepare its
own draft or recommend the rejection of the proposed draft and
submit its own draft or recommendation of rejection together
with the draft proposed by the initiative to the decision of the
people and the Cantons.
Article 121bis [Constitutional Alternative Revision Procedures]
(1) If the Federal Assembly draws up a counter-draft, three
questions shall be submitted to the voters on the same ballot
paper. Every voter can state unreservedly
1) whether he prefers the popular initiative to the law in
force;
2) whether he prefers the counter-draft to the law in force;
3) which of the two texts should enter into force if the people
and the Cantons prefer both texts to the law in force.
(2) The absolute majority shall be determined for each question
separately. Unanswered questions shall not count.
(3) If both the popular initiative and the counter-draft are
accepted, the result of the third question shall decide the issue.
The text which obtains more of the people's and Cantons' votes
on this question shall come into force. If, on the other hand,
one text obtains more of the people's votes and the other more
of the Cantons' votes, then neither of the texts shall come into
force.
Article 122 [Popular Initiative Procedures]
A federal law shall determine the procedure to be followed in
the case of popular initiative requests and votes on the revision
of the Federal Constitution.
Article 123 [Constitutional Revision Approval]
(1) The revised Federal Constitution or the revised part of it, as
the case may be, shall enter into force if it has been approved
by the majority of the Swiss citizens casting a vote and the
majority of the Cantons.
(2) In order to determine the majority of the Cantons, the vote
or each Half-Canton is counted as half a vote.
(3) The result of the popular vote in each canton is considered
to be the vote of that Canton.
Article 1 [Military Finances Transition]
(1) The revenue from the posts and from customs duties shall
be distributed according to the existing system until the
Confederation shall in fact take over the military expenses
borne up to now by the Cantons.
(2) Furthermore, federal legislation shall ensure that losses
which might result for the finances of certain Cantons from the
combined effect of the changes introduced by Articles
20, 30, 36 (2), and 42 e) will affect
them gradually and become fully effective only after a
transitional period of several years.
(3) Cantons which, at the time of the coming into force of
Article 20, have not fulfilled the military obligations
placed upon them by the former Federal Constitution and the
federal laws, are bound to carry them out at their own expense.
Article 2 [Derogation of Law]
The provisions of existing federal laws, concordats, cantonal
constitutions, and laws which are inconsistent with the present
Federal Constitution shall cease to be in force with the adoption
of the latter or, as the case may be, the enactment of the federal
laws it provides for.
Article 3 [Federal Court Transition]
The new provisions concerning the organization and jurisdiction
of the Federal Court shall only enter into force after the
enactment of the pertinent federal laws.
Article 4 [Schooling Transition]
(1) A time-limit of five years shall be granted to the Cantons
for the introduction of free public primary education (Article
27).
(2) They shall be given a time-limit of five years to introduce
the beginning of the school year in accordance with
Article 27 (3bis)). The Federal Council shall take
measures in accordance with Article 27 (4) by means of
an ordinance. It shall notify the Federal Assembly of this.
Article 5 [Liberal Profession Transition]
Persons carrying on a learned profession, who prior to the
enactment of the federal legislation provided for in Article
33 have obtained a certificate of competence from a
Canton or from an authority representing several Cantons
pursuant to a concordat, shall be entitled to carry on their
profession throughout the Confederation.
Article 6 [Privilege Tax Transition]
For the years 1959 and 1960, the Cantons' share of the receipts
from the privilege tax on exemption from military service,
including their fee for collecting it, is fixed at 31 per cent; as
from 1st January, 1961, this share shall be replaced by a
collecting fee of 20 per cent of the gross receipts. All contrary
provisions of the federal legislation shall cease to be in force.
Article 7 [Freight Document Transition]
(1) The stamp duty on freight documents shall no longer be
levied after 1st January, 1959. All contrary provisions of the
federal legislation shall cease to be in force.
(2) Freight documents for the transport of luggage, animals and
goods by the federal railways and by transport enterprises
which have been granted a concession by the Confederation
shall not be subjected by the Cantons to stamp or registration
duty.
Article 8 [Additional Taxes Transition]
(1) Subject to Federal Acts within the meaning of Article
41ter, the provisions applicable on 31st December 1981
to turnover tax, direct Federal Tax (formerly defence tax), and
beer tax shall remain in force with the following amendments.
(2) With effect from 1st October 1982 the following provisions
shall apply to the turnover tax:
a) the tax rate shall amount to 6.2 per cent of returns in the
case of retail deliveries and 9.3 per cent in the case of
wholesale deliveries;
b) painters and sculptors shall be exempt from taxation in
respect of the works of art which they themselves have created.
(3) For the tax years after 31st December 1982 direct Federal
Tax shall be regulated as follows:
a) allowances deducted from the income of individuals shall
amount to:
- 4000 francs for married persons;
- 2000 francs for each child;
- 2000 francs for each needy person;
- 3000 francs for widowed, divorced or single taxpayers who
run a household containing children or needy persons;
- for insurance premiums and interest from savings capital
together:
--- 2500 francs for widowed, divorced or single persons;
--- 3000 francs for married persons;
- 4000 francs from the income from gainful activity of the
spouse, when both husband and wife pursue a gainful
activity.
b) the amount of tax due from individuals shall be reduced as
follows:
- 30 per cent on the first 100 francs of the annual tax;
- 20 per cent on the next 300 francs of the annual tax;
- 10 per cent on the next 500 francs of the annual tax.
c) the reduction granted up to the end of 1982 to married
persons on the amount of tax shall be cancelled;
d) a vice-chairman shall be appointed to the Federal
Commission for Remission of direct Federal Tax. The
competent cantonal authority shall rule on applications for
remission of direct Federal Tax up to a tax amount of 1000
francs.
(4) The Federal Council shall adapt its decrees on turnover tax
and defence tax to the amendments in Paragraphs (2) and (3).
In the case of turnover tax it shall also regulate the effects of
passing on the tax for the transitional period. The term
"defence tax" shall be replaced by "direct Federal Tax" in all
laws and regulations.
Article 9 [Tax Amnesty Transition]
(1) During the years 1969 to 1973, the Confederation can
institute a special tax amnesty for federal, cantonal and
communal taxes.
(2) Federal legislation shall determine the date of this amnesty
and specify its conditions and effects.
Article 10 [Cantonal Equalization Transition]
(1) Until the introduction of new rules for financial equalization
among the Cantons, the present 6 per cent commission of the
Cantons shall be replaced as from 1st January 1972 by a
cantonal share of 12 per cent of the net withholding tax yield;
federal legislation shall determine the share of each Canton.
(2) In years when the withholding tax exceeds 30 per cent the
Cantons' share shall amount to 10 per cent.
Article 11 [Retirement and Disabled Insurance]
(1) Insofar as the provisions for federal insurance do not cover
basic requirements, as defined in Article 34quater (2),
the Confederation shall grant the Cantons subsidies for the
financing of supplementary allowances. For this purpose it may
use fiscal resources intended for the financing of the federal
insurance scheme. The maximum contribution of the public
authorities, stipulated in Article 34quater (2)(b) and (c),
shall be calculated so as to take into account these federal
subsidies and the corresponding contributions of the Cantons.
(2) Those insured who belong to the relevant generation at the
time of the introduction of the system for obligatory
professional insurance, in accordance with Article
34quater (3), shall be able to benefit from the minimum
legally prescribed protection after a period whose duration,
calculated from the time the law comes into effect, shall vary
between 10 and 20 years, according to the amount of their
income. The law shall specify those persons belonging to the
relevant generation at the time of the introduction, and shall
determine the minimum allowance granted during the
transitional period; it shall take into account, by special
provisions, the situation of those insured for whom an employer
had made insurance arrangements prior to the law's coming into
effect. The contributions necessary for covering the allowances
must reach their normal level after a period of no more than
five years.
Article 16 [Supplementary Tax Transition]
Subject to amendment by legislation, the supplementary tax on
motor fuels shall amount to 30 centimes per liter.
Article 17 [Annual Road Charge Transition]
(1) The Confederation shall levy on domestic and foreign motor
vehicles and trailers with a total weight of over 3.5 tons each an
annual charge for the use of all roads open to general traffic.
(2) This charge shall amount to:
a) for lorries and articulated motor vehicles
- over 3.5 and up to 11 tons............ 500 francs
- over 11 and up to 16 tons............. 1500 francs
- over 16 and up to 19 tons............. 2000 francs
- over 19 tons.......................... 3000 francs
b) for trailers
- over 3.5 and up to 8 tons............. 500 francs
- over 8 and up to 10 tons.............. 1000 francs
- over 10 tons.......................... 1500 francs
c) for coaches.......................... 500 francs
(3) In the case of vehicles which are not on the road in
Switzerland for the whole year, the Federal Council shall fix
graduated rates commensurate with the length of time involved;
it shall take into consideration the cost of collecting the charge.
(4) The Federal Council shall regulate the implementation by
ordinance. It can determine the rates, within the meaning of
Paragraph (2), for special categories of vehicle, exempt specific
vehicles from the charge and issue special regulations,
particularly for journeys in the frontier area. Such regulations
shall not result in vehicles registered abroad being treated more
favorably than Swiss vehicles. The Federal Council can
provide for fines for contraventions. The Cantons shall collect
the charge for vehicles registered in Switzerland.
(5) This charge shall be levied for a period of 10 years. Before
the expiry of this time-limit the charge can be wholly or
partially abolished by legislation.
Article 18 [National Highway Charge Transition]
(1) The Confederation shall levy on domestic and foreign motor
vehicles and trailers up to a total weight of 3.5 tons each an
annual charge of 30 francs for the use of the first- and second-
class national highways.
(2) The Federal Council shall regulate the implementation by
ordinance. It can exempt specific vehicles from the charge and
issue special regulations, particularly for journeys in the frontier
area. Such regulations shall not result in vehicles registered
abroad being treated more favorably than Swiss vehicles. The
Federal Council can provide for fines for contraventions. The
Cantons shall collect the charge for vehicles registered in
Switzerland and monitor the keeping of the regulations by all
vehicles.
(3) This charge shall be levied for a period of 10 years. Before
the expiry of this time-limit the charge can be wholly or
partially abolished by legislation.
Article 19 [Nuclear Energy Moratorium Transition]
For a period of 10 years after the adoption of this transitional
provision by the people and the Cantons no planning, building,
start-up, or operating permits shall be issued under Federal law
for new installations for the production of nuclear
energy (nuclear power stations or nuclear reactors for heating
purposes). Installations of the kind for which building
permission under Federal law was not granted up to 30th
September 1986 count as new.