Table
of Contents / Summary
Federal Decree on a new Federal Constitution of
December 18, 1998
Federal Constitution of the Swiss
Confederation
Art. 6 Individual and Social
Responsibility
Title 2: Fundamental Rights, Civil Rights and
Social Goals
Art. 8 Equality before the
Law
Art. 9 Protection against Arbitrariness and
Principle of Good Faith
Art. 10 Right to Live and Personal
Freedom
Art. 11 Protection of Children and Young
People
Art. 12 Right to Aid in
Distress
Art. 14 Right to Marriage and
Family
Art. 15 Freedom of Religion and
Philosophy
Art. 16 Freedom of Opinion and
Information
Art. 19 Right to Primary
Education
Art. 23 Freedom of
Association
Art. 25 Protection against expulsion,
extradition, and removal by force
Art. 29 General Procedural
Guarantees
Art. 29a Guarantee of Legal
Proceedings
Art. 35 Realization of Fundamental
Rights
Art. 36 Limitations of Fundamental
Rights
Chapter 2: Citizenship and Political
Rights
Art. 38 Acquisition and Loss of
Citizenship
Art. 39 Exercise of Political
Rights
Art. 40 Swiss citizens domiciled
abroad
Title 3: Confederation, Cantons, and
Municipalities
Chapter 1: Relationship between the Confederation and
the Cantons
Section 1: Tasks of the Confederation and the
Cantons
Art. 42 Tasks of the
Confederation
Section 2: Cooperation between the
Confederation and the Cantons
Art. 45 Participation in Federal Decision
Making
Art. 46 Implementation of Federal
Law
Art. 47 Autonomy of the
Cantons
Art. 48 Intercantonal
Treaties
Art. 49 Supremacy of and Respect for Federal
Law
Art. 51 Cantonal
Constitutions
Art. 53 Existence and Territory of the
Cantons
Section 1: Relations with foreign
countries
Art. 55 Participation of the Cantons in
Decisions of Foreign Policy
Art. 56 Relations between the Cantons and
Foreign Countries
Art. 59 Military and Alternative
Service
Art. 60 Organisation, Instruction, and
Equipment of the Army
Section 3: Education, Research, and
Culture
Art. 63 Professional Education and
Universities
Art. 67 Education of Young People and
Adults
Section 4: Environment and
Zoning
Art. 73 Sustainable
Development
Art. 74 Protection of the
Environment
Section 5: Public Works and
Transportation
Art. 85 Charge on Heavy Goods
Traffic
Art. 86 Motor Fuels Consumption Tax and other
Traffic Charges
Art. 87 Rail Traffic and further Means of
Traffic
Art. 88 Footpaths and Hiking
Trails
Section 6: Energy and
Communication
Art. 91 Transportation of
Energy
Art. 92 Postal and Telecommunication
Services
Art. 94 Principles of Economic
Order
Art. 95 Private Economic
Activity
Art. 100 Policy on Economic
Development
Art. 102 Supply of Essential Goods and
Services
Art. 107 Weapons and Military
Material
Section 8: Housing, Work, Social Security and
Health
Art. 108 Promotion of Construction and
Ownership of Housing
Art. 112 Old age, Survivors' and Disability
Insurance
Art. 113 Employee Pension
Plans
Art. 114 Unemployment
Insurance
Art. 115 Assistance to Needy
Persons
Art. 116 Family Allocations and Maternity
Insurance
Art. 117 Health and Accident
Insurance
Art. 119 Medical Assistance to Procreation and
Gene Technology in the Human Field
Art. 120 Gene Technology in the Non-Human
Field
Section 9: Residence and Domicile of
Foreigners
Section 10: Civil and Criminal Law, Weights and
Measures
Art. 124 Aid to Victims of Criminal
Acts
Art. 127 Principles of
Taxation
Art. 129 Harmonization of
Taxes
Art. 131 Special Consumption
Taxes
Art. 132 Stamp and Withholding
Taxes
Art. 134 Exclusion of Cantonal and Municipal
Taxation
Art. 135 Financial
Equalization
Chapter 2: Initiative and
Referendum
Art. 138 Popular Initiative for Total Revision
of the Federal Constitution
Art. 139 Popular Initiative for Partial
Revision of the Federal Constitution
Art. 146 Answerability of the
State
Art. 147 Hearings and
Consultations
Art. 149 Composition and Election of the House
of Representatives
Art. 150 Composition and Election of the
Senate
Art. 153 Parliamentary
Commissions
Art. 155 Parliamentary
Services
Art. 156 Separate
Deliberation
Art. 158 Meetings to be
Public
Art. 160 Right to Initiatives and
Motions
Art. 161 Prohibition of Instructed
Mandates
Art. 163 Form of Laws and Decrees by the
Federal Parliament
Art. 166 Foreign Relations and International
Treaties
Art. 170 Evaluation of
Efficacy
Art. 171 Mandates to the Federal
Government
Art. 172 Relations between the Confederation
and the Cantons
Art. 173 Further Tasks and
Powers
Chapter 3: Federal Government and Federal
Administration
Section 1: Organisation and
Procedure
Art. 175 Composition and
Election
Art. 177 Principle of Collective Authority and
Division into Departments
Art. 178 Federal
Administration
Art. 182 Legislation and
Implementation
Art. 185 External and Inner
Security
Art. 186 Relations between the Confederation
and the Cantons
Art. 187 Further Tasks and
Powers
Chapter 4: Federal Supreme Court and other
Judicial Authorities
Art. 188 Position of Federal Supreme
Court
Art. 189 Jurisdiction of Federal Supreme
Court
Art. 191 Access to Federal Supreme
Court
Title 6: Revision of the Federal Constitution
and Temporal Provisions
Chapter 2: Transitory
Provisions
________________________________________________________________________
The Federal
Parliament of the Swiss Confederation on the basis of the message of the Federal
Government of November 20, 1996, decrees:
I
of April
18, 1999
In the name
of God Almighty! We, the Swiss People and Cantons, whereas, we are mindful of
our responsibility towards creation; resolve to renew our alliance to strengthen
liberty and democracy, independence and peace in solidarity and openness towards
the world; are determined to live our diversity in unity respecting one another;
are conscious of our common achievements and our responsibility towards future
generations; and know that only those remain free who use their freedom, and
that the strength of a people is measured by the welfare of the weakest of its
members;
now, therefore, we
adopt the following Constitution:
The Swiss
People and the Cantons of Zurich, Berne, Lucerne, Uri, Schwyz, Obwald and
Nidwald, Glarus, Zug, Fribourg, Solothurn, Basel-City and Basel-Land,
Schaffhausen, Ap-penzell Outer Rhodes and Appenzell Inner Rhodes, St. Gall,
Grisons, Aargau, Thurgau, Ticino, Vaud, Valais, Neuchâtel, Geneva, and Jura form
the Swiss Confederation.
The Swiss
Confederation shall protect the liberty and the rights of the people, and shall
en-sure the independence and security of the country.
1
shall
promote the common welfare, the sustainable development, the inner cohesion, and
the cultural diversity of the country.
2
It
shall ensure equal opportunities for all citizens to the extent
possible.
3
It
shall strive to secure the long-term preservation of natural resources, and to
promote a just and peaceful international order.
The Cantons are sovereign insofar as their
sovereignty is not limited by the Federal Constitution; they shall exercise all
rights which are not transferred to the Confederation.
The national languages are German, French,
Italian, and Romansh.
1
The
state's activities shall be based on and limited by the Rule of
Law.
2
State
activity must be in the public interest and proportional to the goals
pursued.
3
State
organs and private persons must act in good faith.
4
The
Confederation and the Cantons shall respect international
law.
All persons are responsible for themselves, and
shall make use of their abilities to contribute to achieving the goals of state
and society.
Human dignity shall be respected and
protected.
1
All
human beings are equal before the law.
2
Nobody
shall suffer discrimination, particularly on grounds of origin, race, sex, age,
language, social position, lifestyle, religious, philosophical or political
convictions, or because of a corporal or mental disability.
3
Men
and women have equal rights. Legislation shall ensure equality in law and in
fact, particularly in family, education, and work. Men and women shall have the
right to equal pay for work of equal value.
4
Legislation shall provide for measures to
eliminate disadvantages affecting disabled people.
Every person has the right to be treated by the
state organs without arbitrariness and in good faith.
1
Every
person has the right to live. The death penalty is
prohibited.
2
Every
person has the right to personal liberty, particularly to corporal and mental
integrity, and to freedom of movement.
3
Torture and any other cruel, inhuman or
degrading treatment or punishment are prohibited.
1
Children and young people have the right to
special protection of their integrity and to en-couragement of their
development.
2
They
may exercise their rights themselves to the extent of their capacity to
discern.
Persons in distress and incapable of looking
after themselves have the right to be helped and assisted, and to receive the
means that are indispensable for leading a life in human
dignity.
1
All
persons have the right to receive respect for their private and family life,
home, and secrecy of the mails and telecommunications.
2
All
persons have the right to be protected against the abuse of personal data.
The right to marry and to have a family is
guaranteed.
1
The
freedom of religion and philosophy is guaranteed.
2
All
persons have the right to choose their religion or philosophical convictions
freely, and to profess them alone or in community with
others.
3
All
persons have the right to join or to belong to a religious community, and to
follow religious teachings.
4
No
person shall be forced to join or belong to a religious community, to
participate in a religious act, or to follow religious
teachings.
1
The
freedom of opinion and information is guaranteed.
2
All
persons have the right to form, express, and disseminate their opinions freely.
3
All
persons have the right to receive information freely, to gather it from
generally accessible sources, and to disseminate it.
1
The
freedom of the press, radio and television, and of other forms of public
telecasting of productions and information is guaranteed.
2
Censorship is prohibited.
3
Editorial secrecy is
guaranteed.
The freedom of language is guaranteed.
The right to sufficient and free primary
education is guaranteed.
The freedom of scientific research and teaching
is guaranteed.
The freedom of art is
guaranteed.
1
The
freedom of assembly is guaranteed.
2
Every
person has the right to organize assemblies, to participate in them or to stay
away from them.
1
The
freedom of association is guaranteed.
2
Every
person has the right to form associations, to join or to belong to them, and to
participate in their activities.
3
No
person shall be forced to join or to belong to an
association.
1
Swiss
citizens have the right to establish their domicile anywhere within the
country.
2
They
have the right to leave or to return to Switzerland.
1
Swiss
citizens may not be expelled from the country; they may be extradited to a
foreign authority only with their consent.
2
Refugees may not be removed by force or
extradited to a state in which they are persecuted.
3
No
person shall be removed by force to a state where he or she is threatened by
torture, or another means of cruel and inhuman treatment or
punishment.
1
The
right to property is guaranteed.
2
Expropriation and restrictions of ownership
equivalent to expropriation shall be fully compensated.
1
Economic freedom is
guaranteed.
2
It
contains particularly the freedom to choose one's profession, and to enjoy free
access to and free exercise of private economic activity.
1
Workers, employers, and their organizations
have the right to unionize for the defense of their interests, to form unions
and to join them or to keep out of them.
2
Conflicts shall be resolved to the extent
possible through negotiation and mediation.
3
Strike
and lockout are permitted when they relate to labor relations, and when they are
not contrary to obligations to keep labor peace or to resort to
conciliation.
4
Legislation may prohibit certain categories of
persons from striking.
1
Every
person has the right in legal or administrative proceedings to have the case
treated equally and fairly, and judged within a reasonable
time.
2
The
parties have the right to be heard.
3
Every
person lacking the necessary means has the right to free legal assistance,
unless the case appears to be without any chance of success. The person has
moreover the right to free legal representation, to the extent that this is
necessary to protect the person's rights.
Every person has the right to have legal
disputes judged by a judicial authority. The Confederation and the Cantons may
in exceptional cases exclude judicial proceedings.
1
Every
person whose case must be judged in judicial proceedings has the right to have
this done by a court that is established by law, has jurisdiction, and is
independent and impartial. Exceptional tribunals are
prohibited.
2
A
person against whom a civil action is brought has the right to have the case
heard before the court at the person's domicile. Legislation may provide for
another jurisdiction.
3
The
court hearing shall be public, and the judgment shall be publicly proclaimed.
Legislation may provide for exceptions.
1
No
person may be deprived of liberty except in the cases and in the forms provided
by statute.
2
All
persons deprived of their liberty have the right to be informed immediately, and
in a language that they understand, of the reasons for their detention, and of
their rights. They must have the opportunity to assert their rights. In
particular, they have the right to have their close relatives
informed.
3
Every
person taken into preventive detention has the right to be brought before a
judge without delay; the judge shall decide whether the person shall remain in
detention or shall be released. Every person in preventive detention has the
right to be judged within a reasonable time.
4
All
persons who are deprived of their liberty without a trial have the right to
seize a court at any time. The court shall decide as soon as possible whether
the detention is legal.
1
Every
person shall be presumed innocent until the person is subject to a condemnation
having force of law.
2
Every
accused person has the right to be informed as soon as possible and in full
detail of the accusations. The person must have the opportunity to exercise its
means of defense.
3
Every
condemned person has the right to have the judgment reviewed by a higher
court.
The cases where the Federal Supreme Court sits
as a court of sole instance are reserved.
1
Every
person has the right to address petitions to authorities without suffering
prejudice.
2
The
authorities must take cognizance of petitions.
1
The
political rights are guaranteed.
2
The
guarantee of political rights protects the free formation of opinion by the
citizens and the unaltered expression of their will.
1
The
fundamental rights shall be realized in the entire legal
system.
2
Whoever exercises a function of the state must
respect the fundamental rights and contribute to their
realization.
3
The
authorities shall ensure that the fundamental rights also be respected in
relations among private parties whenever the analogy is
applicable.
1
Any
limitation of a fundamental right requires a legal basis. Grave limitations must
be expressly foreseen by statute. Cases of clear and present danger are
reserved.
2
Any
limitation of a fundamental right must be justified by public interest, or serve
for the protection of fundamental rights of other persons.
3
Limitations of fundamental rights must be
proportionate to the goals pursued.
4
The
essence of fundamental rights is inviolable.
1
Every
person who has the citizenship of a Municipality and of the Canton, to which it
be-longs has Swiss citizenship.
2
No
person shall enjoy a privilege or suffer prejudice because of his or her
citizenship. Exceptions are possible to regulate political rights in
bourgeoisies and corporations, and provide for participation in their assets,
unless cantonal legislation excludes this.
1
The
Confederation shall regulate the acquisition and the loss of citizenship through
descent, marriage and adoption. Moreover, it shall regulate the loss of Swiss
citizenship on other grounds, and the reinstatement of
citizenship.
2
It
shall set minimum requirements for the naturalization of foreigners by the
Cantons, and grant naturalization permits.
3
It
shall facilitate the naturalization of stateless children.
1
The
Confederation shall regulate the exercise of political rights in federal
matters; the Can-tons shall regulate the exercise of these rights in cantonal
and municipal matters.
2
The
political rights shall be exercised at the domicile. The Confederation and the
Cantons may foresee exceptions.
3
No
person shall exercise political rights in more than one
Canton.
4
The
Cantons may provide that new domiciliaries may exercise political rights in
cantonal and municipal matters, only once a waiting period of no more than three
months has been observed.
1
The
Confederation shall encourage links amongst Swiss citizens domiciled abroad, and
their links with Switzerland. It may support organizations which pursue this
goal.
2
It
shall legislate on the rights and obligations of Swiss citizens domiciled
abroad, in particular on the exercise of the political rights on the federal
level, the duty to render military or alternative service, assistance to needy
persons, and social security.
1
The
Confederation and the Cantons shall strive to ensure that, in addition to
personal responsibility and private initiative,
a.
every
person shall benefit from social security;
b.
every
person shall benefit from necessary health care;
c.
the
family as a community of adults and children shall be protected and
encouraged;
d.
every
person capable of working shall sustain himself or herself through working under
fair and adequate conditions;
e.
every
person looking for housing shall find, for himself or herself and his or her
family, appropriate housing at reasonable conditions;
f.
children and young people and people of working
age shall benefit from initial and continuing education according to their
abilities;
g.
children and young people shall be encouraged
in their development to become independent and socially responsible persons, and
they shall be supported in their social, cultural, and political
integration.
2
The
Confederation and the Cantons shall strive to ensure that every person shall be
insured against the economic consequences of old age, disability, illness,
accidents, unemployment, maternity, orphanhood, and
widowhood.
3
They
shall strive to realize the social goals within the framework of their
constitutional powers and with the means available to
them.
4
No
direct subjective right to prestations by the state may be derived from the
social goals.
1
The
Confederation shall accomplish the tasks which are attributed to it by the
Constitution.
2
It
shall assume the tasks which require uniform regulation.
The Cantons shall define the tasks which they
shall accomplish within the framework of their powers.
1
The
Confederation and the Cantons shall collaborate, and shall support each other in
the fulfillment of their tasks.
2
They
owe each other mutual consideration and support. They shall grant each other
administrative and judicial assistance.
3
Disputes between Cantons, or between Cantons,
and the Confederation shall, to the extent possible, be resolved through
negotiation or mediation.
1
In the
cases foreseen by the Federal Constitution, the Cantons shall participate in the
decision-making process on the federal level, in particular in federal
legislation.
2
The
Confederation shall inform the Cantons timely and fully of its plans; it shall
consult them if their interests are involved.
1
The
Cantons shall implement federal law in conformity with the Constitution and the
statute.
2
The
Confederation shall leave the Cantons as large a space of action as possible,
and shall take their particularities into account.
3
The
Confederation shall take into account the financial burden that is associated
with implementing federal law by leaving sufficient sources of financing to the
Cantons, and by ensuring an equitable financial
equalization.
The Confederation shall respect the autonomy of
the Cantons.
1
The
Cantons may enter into intercantonal treaties, and may create common
organizations and institutions. They may, in particular, join forces to fulfill
tasks of regional interest.
2
The
Confederation may participate in such organizations or institutions within the
limits of its powers.
3
Intercantonal treaties may not be contrary to
the law or the interests of the Confederation, nor to the rights of other
Cantons. The Confederation must be notified of such
treaties.
1
Federal law takes precedence over contrary
cantonal law.
2
The
Confederation shall ensure that the Cantons respect federal
law.
1
The
autonomy of the Municipalities is guaranteed within the limits fixed by cantonal
law.
2
In its
activity, the Confederation shall take into account the possible consequences
for the Municipalities.
3
In
particular, it shall take into account the special situation of cities,
agglomerations, and mountainous regions.
1
Every
Canton shall adopt a democratic constitution. The cantonal constitution must be
approved by the people, and must be subject to revision if a majority of the
people so requires.
2
The
cantonal constitutions must be guaranteed by the Confederation. The
Confederation shall grant this guarantee, if the constitutions are not contrary
to federal law.
1
The
Confederation shall protect the constitutional order of the Cantons.
2
It
shall intervene if the inner order of a Canton is disturbed or threatened and
cannot be protected by the Canton alone or with the help of other
Cantons.
1
The
Confederation shall protect the existence and the territory of the
Cantons.
2
Modifications of the number of the Cantons, of
the Cantons or their status are subject to the assent of the population
concerned, of the Cantons concerned, and of the People and the
Cantons.
3
Modifications of the territory of a Canton are
subject to the assent of the population concerned, of the Cantons concerned, and
the assent of the Federal Parliament in the form of a federal
decree.
4
Intercantonal boundary settlements may be made
by treaty between the Cantons concerned.
1
Foreign Relations are a federal
matter.
2
The
Confederation shall strive to preserve the independence of Switzerland and its
welfare; it shall, in particular, contribute to alleviate need and poverty in
the world, and to promote respect for human rights, democracy, the peaceful
coexistence of nations, and the preservation of natural
resources.
3
It
shall take into consideration the powers of the Cantons, and shall protect their
interests.
1
The
Cantons shall participate in the preparation of decisions of foreign policy
which concern their powers or their essential interests.
2
The
Confederation shall inform the Cantons timely and fully, and consult
them.
3
The
position of the Cantons shall have particular weight when their powers are
concerned.
In these cases, the Cantons shall participate
in international negotiations as appropriate.
1
The
Cantons may conclude treaties with foreign countries within the scope of their
powers.
2
These
treaties may not be contrary to the law nor to the interests of the
Confederation nor to the laws of other Cantons. Before concluding a treaty, the
Cantons must inform the Confederation.
3
The
Cantons may deal directly with lower ranking foreign authorities; in other
cases, the relations of the Cantons with foreign countries shall be conducted by
the Confederation acting on their behalf.
Section
2: Security, National and Civil Defense
1
The
Confederation and the Cantons shall ensure, within the framework of their
powers, the security of the country and the protection of the
population.
2
They
shall coordinate their efforts in the field of inner
security.
1
Switzerland shall have an army. The army shall
be organized, in principle, as a militia.
2
The
army shall contribute to prevent war and to maintain peace; it shall defend the
country and protect its population. It shall lend support to the civil
authorities when they must repel serious threats to internal security or master
other exceptional circumstances. The statute may provide for further
tasks.
3
The
use of the army is a federal matter. The Cantons may engage their troops to
maintain public order on their territory, if the means of the civil authorities
no longer suffice to repel serious threats to inner
security.
1
Every
Swiss man must render military service. The statute shall provide for an
alternative service.
2
For
Swiss women, military service is voluntary.
3
Swiss
men who render neither military nor alternative service owe a tax. The tax is
levied by the Confederation and is assessed and collected by the Cantons.
4
The
Confederation shall legislate on fair compensation for loss of
income.
5
Those
who render military or alternative service and thereby suffer health impairment
or lose their lives, have the right for themselves or their relatives to
adequate support by the Confederation.
1
Legislation on the military and on the
organization, the instruction, and the equipment of the army, is a federal
matter.
2
Within
the limits of federal law, the Cantons shall have the power to form cantonal
troops, to appoint and to promote officers of such troops, and to furnish a part
of their clothing and equipment.
3
The
Confederation may take over military installations of the Cantons against fair
compensation.
1
Legislation on civil defense is a federal
matter; civil defense has the purpose of protecting persons and property against
the consequences of armed conflicts.
2
The
Confederation shall legislate on the intervention of civil defense in
catastrophes and emergencies.
3
The
Confederation may make the civil defense service compulsory for men. For women,
it shall be voluntary.
4
The
Confederation shall legislate on fair compensation for loss of
income.
5
Those
who render civil defense service and thereby suffer health impairment or lose
their lives, have the right for themselves or their relatives to adequate
support by the Confederation.
1
Education is a cantonal
matter.
2
The
Cantons shall ensure a sufficient primary education open to all children. This
education shall be compulsory, and shall be placed under state direction or
supervision. It shall be free in public schools. The school year shall begin
between mid-August and mid-September.
1
The
Confederation shall legislate on professional education.
2
It
shall operate technical universities. It may create, operate, or support other
universities and institutions of higher learning. It may make its support
conditional upon taking coordination measures.
1
The
Confederation shall encourage scientific research.
2
It may
make its support conditional, in particular, upon taking coordination
measures.
3
It may
create, take over, or operate research institutions.
1
The
Confederation shall collect the necessary statistical data on the status and
evolution of the population, the economy, the society, the territory, and the
environment in Switzerland.
2
To
facilitate the collection of data, it may legislate on harmonizing and keeping
official registers.
1
The
Confederation may grant subsidies to the Cantons for the expenses that they may
incur for scholarships and for other assistance towards
education.
2
It
may, moreover, complement cantonal measures while respecting cantonal autonomy
in school matters, and take its own measures to encourage
education.
1
The
Confederation and the Cantons shall, when fulfilling their tasks, take into
account children's and young people's special needs for development and
protection.
2
The
Confederation may complement cantonal measures and support the extra-curricular
work with children and young people and the education of
adults.
1
The
Confederation shall promote sport, particularly sport
education.
2
It
shall operate a sport school.
3
It may
legislate on youth sport, and may make sport education in schools compulsory.
1
The
field of culture is a cantonal matter.
2
The
Confederation may support cultural activities of national interest, and
encourage art and music, in particular in the field of
education.
3
In
accomplishing its tasks, it shall take into account the cultural and linguistic
diversity of the country.
1
The
official languages of the Confederation are German, French, and Italian. Romansh
shall be an official language for communicating with persons of Romansh
language.
2
The
Cantons shall designate their official languages. In order to preserve harmony
between linguistic communities, they shall respect the traditional territorial
distribution of languages, and take into account the indigenous linguistic
minorities.
3
The
Confederation and the Cantons shall encourage understanding and exchange between
the linguistic communities.
4
The
Confederation shall support the plurilingual Cantons in the fulfillment of their
particular tasks.
5
The
Confederation shall support the measures taken by the Cantons of Grisons and
Ticino to maintain and to promote Romansh and Italian.
1
The
Confederation may encourage Swiss film production and film culture
generally.
2
It may
legislate to encourage the variety and quality of cinematographic works
offered.
1
The
regulation of the relationship between church and state is a cantonal matter.
2
The
Confederation and the Cantons may, within the framework of their powers, take
measures to maintain public peace between the members of the various religious
communities.
3
No
diocese may be set up without the consent of the
Confederation.
The Confederation and the Cantons shall strive
to establish a durable equilibrium between nature, in particular its capacity to
renew itself, and its use by man.
1
The
Confederation shall legislate on the protection of man and the natural
environment against harm and nuisance.
2
It
shall ensure that such influences are avoided. The polluters shall pay for the
costs of avoidance and removal.
3
The
federal regulations shall be implemented by the Cantons, insofar as the statute
does not reserve this for the Confederation.
1
The
Confederation shall establish principles on zoning. Zoning falls to the Cantons,
and shall serve to achieve an appropriate and moderate use of the land and its
ordered inhabitation.
2
The
Confederation shall encourage and coordinate the efforts of the Cantons, and
shall collaborate with them.
3
In
fulfilling their tasks, the Confederation and the Cantons shall take the needs
of zoning into account.
1
Within
the limits of its powers, the Confederation shall ensure the moderate use and
the protection of water resources, and fight against harmful effects of
water.
2
It
shall establish principles on the preservation and use of water reserves, on the
use of water for the production of energy and for cooling purposes, and on other
interventions into the water cycle.
3
It
shall legislate on water protection, on securing sufficient residual water, on
hydraulic engineering, on the safety of dams and on interventions to influence
precipitation.
4
The
Cantons shall dispose of their water resources. Within the limits of federal
law, they may levy dues for water use. The Confederation shall have the right to
use water for its traffic enterprises; it shall pay dues and compensation for
this.
5
On
rights concerning international water resources and dues connected with them,
the Con-federation shall decide in consultation with the Cantons concerned. If
the Cantons concerned cannot agree on rights to intercantonal water reserves,
the Confederation shall decide.
6
In
fulfilling its tasks, the Confederation shall take into account the interests of
the Cantons from which the water originates.
1
The
Confederation shall ensure that forests may fulfill their protective, economic
and social functions.
2
It
shall establish principles for the protection of forests.
3
It
shall encourage measures for the conservation of forests.
Art. 78
Nature and Cultural Heritage
1
The
protection of nature and cultural heritage is a cantonal matter.
2
In
fulfilling its tasks, the Confederation shall take into account the objectives
of the protection of nature and cultural heritage. It shall protect scenery,
localities, historical sites, and natural and cultural monuments; it shall
preserve them untouched if public interest so re-quires.
3
It may
support efforts towards the protection of nature and cultural heritage, and may,
by contract or by expropriation, acquire or secure objects of national
importance .
4
It
shall legislate on the protection of animal and plant life, and on the
preservation of their natural environment and multiplicity. It shall protect
endangered species from extinction.
5
Moors
and marshland of special beauty and national importance shall be protected. No
installations may be built on them, and no alterations of any kind may be made
to the land. An exception is made for installations serving to ensure their
protection or continuation of existing agricultural use.
The Confederation shall establish principles on
the exercise of fishery and hunting, in particular to preserve multiplicity of
fish, game, and birds.
1
The
Confederation shall legislate on the protection of
animals.
2
It
shall regulate in particular:
a.
the
keeping and care of animals;
b.
experiments and intervention on live
animals;
c.
the
use of animals;
d.
the
importation of animals and animal products;
e.
trade
in animals and transportation of animals;
f.
the
slaughter of animals.
3
The
federal regulations shall be implemented by the Cantons, insofar as the statute
does not reserve this for the Confederation.
In the interest of Switzerland or a large part
of the country, the Confederation may build and operate public works, or promote
the realization of such works.
1
The
Confederation shall legislate on road traffic.
2
It
exercises high supervision over roads of national importance; it may determine
which transit roads must remain open to traffic.
3
The
use of public roads shall be free. The Federal Parliament may authorize
exceptions.
1
The
Confederation shall ensure the construction of a network of national highways
and the utilization of these highways.
2
The
Cantons shall build and maintain their national highways according to the rules
established by the Confederation and under its high
supervision.
3
The
Confederation and the Cantons shall bear the costs of the national highways
jointly. The costs to be borne by each Canton shall be allocated by taking into
account the burden falling on them due to the national highways, their interest
in these highways, and their financial resources.
1
The
Confederation shall protect the alpine regions from the negative effects of
transit traffic. It shall limit the nuisance caused by such traffic to a level
which is not harmful to persons, animals, or plants, or their
environment.
2
Transalpine freight in border-to-border transit
shall be transported by rail. The Federal Government shall take the necessary
measures. Exceptions shall be permitted only if they are inevitable. They shall
be specified by statute.
3
The
capacity of transit roads in the alpine regions may not be increased, except for
bypass roads to relieve the pressure of through-traffic in towns and
villages.
1
The
Confederation may levy a charge on heavy goods traffic related to motor power or
consumption. The charge may only be levied to the extent to which heavy goods
traffic creates public costs which are not already covered by other
contributions or charges.
2
The
net revenue from the charge shall be used to cover costs in connection with the
traffic
3
The
Cantons shall receive portions of the net revenue from the charge. These
portions shall be calculated by taking into account the specific repercussions
of the charge in mountainous and remote regions.
1
1 The
Confederation may raise a consumption tax on motor fuels.
2
It
shall raise a tax on the use of national highways by motor vehicles and trailers
which are not subject to the heavy goods traffic charge.
3
It
shall use half of the net revenue from the motor fuels consumption tax and the
net revenue from the national highway tax for the following purposes and costs
in connection with road traffic:
a.
Construction, maintenance, and operation of
national highways;
b.
Measures to promote combined traffic and
traffic of accompanied road vehicles, or to separate railway traffic from road
traffic;
c.
Contributions towards the construction of main
roads;
d.
Contributions towards the construction of works
of protection against natural elements, and towards measures of protection of
the environment and scenery made necessary by road
traffic;
e.
General participation in the financing by the
Cantons of highways open to motor vehicles and to equalization of financial
charges in the field of roads;
f.
Contributions to the Cantons without national
highways, and to Cantons with alpine roads serving international
traffic.
4
If
these means are insufficient, the Confederation shall raise a surtax on the
motor fuels consumption tax be used to cover costs in connection with road
traffic.
The legislation on rail traffic, cable cars,
navigation, aviation, and space travel is a federal
matter.
1
The
Confederation shall establish principles on networks of footpaths and hiking
trails.
2
It may
support measures of the Cantons to establish and keep such networks, and to
coordinate them.
3
In
fulfilling its tasks, it shall take into account networks
of footpaths and hiking
trails, and shall replace paths and trails that it must
close.
1
Within
their powers, the Confederation and the Cantons shall strive to ensure a
sufficient, diversified, reliable, and economical energy supply compatible with
the protection of the environment, and the economical and efficient use of
energy.
2
The
Confederation shall establish principles on the use of domestic and renewable
energy, and the economical and efficient use of energy.
3
The
Confederation shall legislate on the use of energy for installations, vehicles,
and appliances. It shall promote the development of energy techniques,
particularly in the fields of energy saving and renewable
energy.
4
Measures concerning the use of energy in
buildings are primarily a cantonal matter.
5
In its
energy policy, the Confederation shall take into account the efforts of the
Cantons, of the Municipalities, and of economic circles; it shall take into
account the conditions in the various regions, and the limitations of what is
economically feasible.
Legislation in the field of nuclear energy is a
federal matter.
1
The
Confederation shall legislate on the transportation and the supply of
electricity.
2
Legislation on pipelines for the transport of
liquid or gaseous fuels is a federal matter.
1
Postal
and telecommunication services are a federal matter.
2
The
Confederation shall ensure sufficient and reasonable basic postal and
telecommunication services in all regions. The rates shall be fixed according to
uniform principles.
1
Legislation on radio and television and other
forms of public telecasting of features and in-formation is a federal
matter.
2
Radio
and Television shall contribute to education and cultural development, to the
free formation of opinion, and to the entertainment of the listeners and
viewers. They shall take into account the particularities of the country and the
needs of the Cantons. They shall present events factually, and reflect diverse
opinions fairly and adequately.
3
The
independence of radio and television and the autonomy of their programming are
guar-anteed.
4
The
situation and the role of other media, in particular the press, shall be taken
into account.
5
It
shall be possible to submit complaints about programs to an independent
authority.
1
The
Confederation and the Cantons shall respect the principle of economic
freedom.
2
They
shall safeguard the interests of the national economy and, together with the
private sector of the economy, contribute to the welfare and economic security
of the population.
3
Within
the limits of their powers, they shall strive to create favorable conditions for
the private sector of the economy.
4
Derogations from the principle of economic
freedom, in particular measures against competition, shall be allowed only if
foreseen by the Federal Constitution or based on cantonal
monopolies.
1
The
Confederation may legislate on the exercise of private economic
activity.
2
It
shall strive to create a unified Swiss economic area. It shall guarantee that
persons having a university education or a federal or cantonal education
certificate or an education certificate recognized by a Canton may exercise
their profession throughout Switzerland.
1
1 The
Confederation shall legislate to fight against economically or socially damaging
effects of cartels and other restrictions of competition.
2
It
shall take measures
a.
to
prevent abuses in price fixing by enterprises and organizations of private and
public law enjoying a dominant position on the market;
b.
against unfair
competition.
1
The
Confederation shall take measures for consumer protection.
2
It
shall legislate on the remedies available to consumer organizations. In the
field of federal legislation against unfair competition, these organizations
shall have the same rights as professional and economic
associations.
3
The
Cantons shall provide a conciliation procedure or a simple and speedy judicial
procedure for cases below a certain value in dispute. The Federal Government
shall establish this value.
1
The
Confederation shall legislate on banking and stock exchanges; it shall take into
account the specific task and position of the cantonal
banks.
2
It may
legislate on financial services in other fields.
3
It
shall legislate on private insurance.
1
Money
and currency are a federal matter. The Confederation shall have the exclusive
right to coin money and to issue bank notes.
2
As an
independent central bank, the Swiss National Bank shall follow a monetary policy
which serves the general interest of the country; it shall be administered with
the cooperation and under the supervision of the
Confederation.
3
The
Swiss National Bank shall create sufficient monetary reserves from its profits;
a part of these reserves shall be held in gold.
4
At
least two thirds of the net profits of the Swiss National Bank shall be credited
to the Cantons.
1
The
Confederation shall take measures to ensure a balanced economic development and,
in particular, to prevent and fight unemployment and
inflation.
2
It
shall take into account the economic development of the various regions. It
shall cooper-ate with the Cantons and the economic
circles.
3
In the
fields of credit and currency, in foreign trade and in public finance, it may,
if necessary, depart from the principle of economic
freedom.
4
In
their budgetary policy, the Confederation, Cantons and Municipalities shall take
into ac-count the economic development.
5
In
order to stabilize the economy, the Confederation may temporarily levy
surcharges, or grant rebates on federal taxes and dues. The accumulated funds
shall be frozen; after their release, direct surcharges shall be individually
reimbursed, and indirect surcharges shall be used to grant rebates or to create
employment.
6
The
Confederation may oblige businesses to accumulate reserves for the creation of
employment; for this purpose, it shall grant tax privileges, and may also oblige
Cantons to grant such privileges. After the release of the reserves, the
businesses shall be free to decide how to use them within the purposes
prescribed by statute.
1
The
Confederation shall safeguard abroad the interests of the Swiss
economy.
2
In
special cases, it may take measures to protect the domestic economy. It may, if
necessary, depart from the principle of economic freedom.
1
The
Confederation shall ensure the country's supply of essential goods and services
in case of threats of military or economic war, or of severe shortages which the
economy cannot counteract by itself. It shall take provisional
measures.
2
It
may, if necessary, depart from the principle of economic
freedom.
The Confederation may support economically
threatened regions and promote branches of the economy and professions, if the
measures of self-help that can reasonably be excepted are insufficient to ensure
their existence. It may, if necessary, depart from the principle of economic
freedom.
1
The
Confederation shall ensure that agriculture contributes substantially by way of
a sustainable and market-oriented production
a.
to the
secure approvisionment of the population;
b.
to the
conservation of national resources and the upkeep of rural
scenery;
c.
to a
decentralized inhabitation of the country.
2
In
addition to the measures of self-help that may reasonably be expected from
agriculture and, if necessary, in derogation of the principle of economic
freedom, the Confederation shall promote farms cultivating the
land.
3
It
shall conceive the measures in such a way that agriculture may fulfill its
multiple functions. Its powers and tasks shall particularly be the
following:
a.
It
shall complement agricultural revenues by direct payments, to secure a fair and
adequate remuneration for the services rendered, provided that compliance with
ecological requirements is proven;
b.
It
shall promote, by way of economic incentives, forms of production which are
particularly close to nature and friendly to the environment and the
animals;
c.
It
shall legislate on the declaration of origin, quality, production and processing
methods for foodstuffs;
d.
It
shall protect the environment against pollution due to excessive use of
fertilizers, chemicals and other auxiliary substances;
e.
It may
encourage agricultural research, counseling, and education, and subsidize
in-vestments;
f.
It may
legislate on the consolidation of rural property.
4
To
these ends it shall invest dedicated funds from the agricultural field and
general federal funds.
The legislation on the production, the
importation, the refining, and the sale of distilled spirits is a federal
matter. The Confederation shall, in particular, take into account the harmful
effects of the consumption of alcohol.
1
Legislation on gambling and lotteries is a
federal matter.
2
A
federal license is required to establish and run a gambling casino. When issuing
a federal license, the Confederation shall take into account regional
circumstances and the dangers of gambling.
3
The
Confederation shall levy from casinos a tax on their revenues; this tax shall
not exceed 80 percent of the gross revenues from gambling. It shall be used to
cover the federal subsidy to old age, survivors', and disability
insurance.
4
The
licensing of gambling machines involving an element of skill and where money can
be won is a cantonal matter.
1
The
Confederation shall legislate on the misuse of weapons, associated equipment,
and ammunition.
2
It
shall legislate on the production, acquisition, distribution, importation,
exportation, and transit of military material.
1
The
Confederation shall encourage the construction and the ownership of housing for
private persons' own use, and the activity of developers and organisations for
social housing.
2
It
shall promote, in particular, the acquisition and development of land, the
efficiency of construction, and the reduction of construction and housing
costs.
3
It may
legislate on the development of land for the construction of housing, and on
efficiency in construction.
4
In
fulfilling this task, it shall, in particular, take into account the interests
of families and elderly, needy, and disabled persons.
1
The
Confederation shall issue regulations against abuses in the field of landlord
and tenant, particularly against abusive rent, on avoiding abusive notices of
termination, and on the limited extension of tenancies.
2
It may
legislate to confer generally binding effect on general contracts between
landlords and tenants. Contracts may become generally binding only if they take
fairly into account justified minority interests and regional differences, and
respect the principle of equality be-fore the law.
1
1 The
Confederation may legislate on:
a.
the
protection of employees;
b.
the
relationship between employees and employers, in particular the common
regulation of matters concerning an enterprise or a trade;
c.
placement services;
d.
conferring generally binding effect on
collective labor contracts.
2
Collective labor contracts may receive
generally binding effect only if they take fairly into account justified
minority interests and regional differences, and respect the principle of
equality before the law and the freedom to unionize.
3
August
1 is the Federal National Day. In labor law, it is assimilated to a Sunday, and
paid.
1
The
Confederation shall take measures for an adequate social security for the
elderly, survivors, and disabled persons. These shall be based on three pillars,
namely, federal old age, survivors', and disability insurance, employee pension
plans, and provision by individuals for their own future.
2
The
Confederation shall ensure that the federal old age, survivors', and disability
insurance, and the employee pension plans may fulfill their purpose
durably.
3
It may
oblige the Cantons to exempt from taxation the institutions of the federal old
age, survivors', and disability insurance, and the employee pension plans, and
to grant tax relief to persons insured and their employers for contributions
paid, and entitlements to future benefits.
4
In
cooperation with the Cantons, the Confederation shall encourage individuals to
provide for their own future, particularly by fiscal measures and by policies
encouraging ownership.
1
The
Confederation shall legislate on the old age, survivors', and disability
insurance.
2
In
doing so, it shall respect the following principles:
a.
The
insurance shall be mandatory;
b.
The
pensions must cover basic living expenses appropriately;
c.
The
maximal pension shall not exceed twice the minimal
pension;
d.
The
pensions shall at least be adapted to the development of
prices.
3 The
insurance shall be financed:
e.
by
contributions of the insured persons; half the contributions of employees shall
be paid by their employers;
f.
by
subsidies of the Confederation and, if the statute so provides, of the
Cantons.
4
Together, the subsidies of the Confederation
and the Cantons shall not exceed half the disbursements.
5
The
subsidies of the Confederation shall be primarily financed by the net proceeds
of the tax on tobacco, the tax on distilled spirits, and the tax on the revenue
from the operation of casinos.
6
The
Confederation shall encourage the integration of disabled persons, and support
efforts to assist the elderly, survivors, and disabled persons. To this end, it
may use the funds of the old age, survivors', and disability
insurance.
1
The
Confederation shall legislate on employee pension plans.
2
In
doing so, it shall respect the following principles:
a.
Employee pension plans together with the old
age, survivors', and disability insurance shall ensure appropriately that the
previous lifestyle may be maintained;
b.
Employee pension plans shall be mandatory for
employees; the statute may foresee exceptions;
c.
Employers shall insure their employees with a
pension institution. If necessary, the Confederation shall give them the
possibility to insure their employees with a federal pension
institution;
d.
Self-employed persons may voluntarily insure
themselves with a pension institution;
e.
For
particular groups of self-employed persons, the Confederation may declare
employee pension plans mandatory, in general or only for particular
risks.
3
Employee pension plans shall be financed
through contributions by the insured persons; at least half the contribution of
employees shall be paid by their employers.
4
Employee pension institutions must satisfy
federal minimum requirements; the Confederation may provide for nationwide
measures to resolve particular problems.
1
The
Confederation shall legislate on unemployment insurance.
2
In
doing so, it shall respect the following principles:
a.
The
insurance shall guarantee an appropriate compensation for loss of earnings, and
shall support measures to prevent and fight unemployment;
b.
Insurance shall be mandatory for employees; the
statute may provide exceptions;
c.
Self-employed persons may voluntarily insure
themselves.
3
The
unemployment insurance shall be financed by the contributions of the insured
persons. Half the contribution of employees shall be paid by their
employers.
4
In
extraordinary circumstances, the Confederation and the Cantons shall
provide
subsidies.
5
The
Confederation may legislate on social assistance to the unemployed.
Needy persons shall be assisted by the Cantons
in which they are domiciled. The Confederation may provide for exceptions, and
shall determine the competent authorities.
1
In
fulfilling its tasks, the Confederation shall take into account the needs of the
family. It may support measures to protect the family.
2
It may
legislate on family allocations and operate a federal family compensation
fund.
3
It
shall institute a maternity insurance. It may also oblige persons to contribute
who cannot benefit from the insurance.
4
The
Confederation may declare mandatory joining a family compensation fund and
maternity insurance generally or for certain categories of persons, and may make
its subsidies de-pendent upon fair contributions by the
Cantons.
1
The
Confederation shall legislate on health and accident
insurance.
2
It may
declare mandatory health and accident insurance generally or for certain
categories of persons.
1
Within
the limits of its powers, the Confederation shall take measures for the
protection of health.
2
It
shall legislate on:
a.
the
use of foodstuffs and of therapeutics, drugs, organisms, chemicals, and objects
which may be dangerous to health;
b.
fighting contagious, widespread or particularly
dangerous human and animal diseases;
c.
protection against ionizing
radiation.
1
Persons shall be protected against the abuse of
medically assisted procreation and gene technology.
2
The
Confederation shall legislate on the use of human reproductive and genetic
material. It shall ensure the protection of human dignity, of personality, and
of family, and in particular it shall respect the following
principles:
d.
All
forms of cloning and interference with genetic material of human reproductive
cells and embryos is prohibited;
e.
Non-human reproductive and genetic material may
neither be introduced into nor combined with human reproductive
material;
f.
Methods of medically assisted procreation may
only be used when sterility or the danger of transmission of a serious illness
cannot be avoided otherwise, but neither in order to induce certain
characteristics in the child nor to conduct research. The fertilization of human
ova outside a woman's body shall be permitted only under conditions determined
by statute. No more human ova may be developed into embryos outside a woman's
body than are capable of being immediately implanted into
her;
g.
The
donation of embryos and all forms of surrogate maternity are
prohibited;
h. No
trade may be conducted with human reproductive material or with any product
obtained from embryos;
i.
A
person's genetic material may only be analyzed, registered or disclosed with the
con-sent of that person, or if a statute so provides;
j.
Every
person shall have access to the data concerning his or her
ancestry.
Art.119a
1
The
Confederation shall legislate in the field of transplantation of organs,
tissues, and cells. It shall safeguard human dignity, personality, and
health.
2
It
shall in particular establish principles for the fair distribution of
organs.
3
The
donation of human organs, tissues and cells shall be free of charge. Trade in
human organs is prohibited.
1
Persons and their environment shall be
protected against abuse of gene technology.
2
The
Confederation shall legislate on the use of the reproductive and genetic
material of animals, plants, and other organisms. In doing so, it shall take
into account the dignity of creation and the security of man, animal and
environment, and shall protect the genetic multiplicity of animal and vegetal
species.
1
Legislation on immigration, emigration,
residence and domicile of foreigners, and on granting asylum are federal
matters.
2
Foreigners who endanger Switzerland's security
may be removed from Switzerland by force.
1
Legislation in the field of civil law and civil
procedure is a federal matter.
2
The
organization of the judiciary and civil justice are cantonal matters unless
otherwise pro-vided by statute.
1
Legislation in the field of criminal law and
criminal procedure is a federal matter.
2
The
organization of the judiciary, criminal justice, and execution of criminal
penalties and measures are cantonal matters, unless otherwise provided by
statute.
The Confederation and the Cantons shall ensure
that the victims of criminal acts against the corporal, mental, or sexual
integrity receive assistance and appropriate compensation if, as a consequence
of the criminal act, they suffer financial difficulties.
Legislation on weights and measures is a
federal matter.
1
The
Confederation shall keep its expenditure and receipts in balance in the long
term.
2
It
shall reduce the federal debt. In doing so, it shall take the economic situation
into consid-eration.
1
The
general principles of taxation, particularly the circle of taxpayers, and the
object of the tax and its calculation, shall be established by
statute.
2
To the
extent that the nature of the tax allows it, the principles of universality and
equality of tax treatment and of taxation according to economic capacity shall
be followed.
3
Intercantonal double taxation is prohibited.
The Confederation shall take the necessary measures.
1
The
Confederation may raise a direct tax:
a.
of at
most 11.5 percent on the income of natural persons;
b.
of at
most 9.8 percent on the net profit of legal entities;
c.
of at
most .0825 percent on the capital and the reserves of legal
entities.
2
In
establishing the tax scales, the Confederation shall take into account
the burden of direct taxes on the Cantons and the
Municipalities.
3
The
effect on natural persons of the shift into higher tax brackets due to inflation
shall be periodically equalized.
4
The
Cantons shall assess and collect the taxes. Three tenths of the gross tax yield
shall fall to the Cantons; at least one sixth of this amount shall be used for
financial equalization among Cantons.
1
The
Confederation shall establish principles on the harmonization of direct taxes of
the Con-federation, the Cantons and the Municipalities; it shall take into
account the efforts of the Cantons to harmonize their
taxes.
2
The
harmonization shall concern tax liability, tax object, taxation period, and
procedural and criminal law on taxation. Harmonization shall not cover tax
scales, tax rates, and tax-exempt amounts.
3
The
Confederation may issue regulations against arrangements granting unjustified
tax ad-vantages.
1
The
Confederation may levy a value added tax with a maximum tax rate of 6.5 percent
on the supply of goods and services, including own use, and on
imports.
2
5
percent of the tax yield shall be used for measures in favor of low income
groups.
3
If,
because of the development of the age structure, the financing of the old age,
survivors', and disability insurance is no longer secured, the value added tax
rate may be raised by at most 1 percent point by Federal
Statute.
1
The
Confederation may levy special consumption taxes on the
following:
a.
tobacco and tobacco
products;
b.
distilled spirits;
c.
beer;
d.
automobiles and their components;
e.
crude,
oil, other mineral fuels, natural gas, and products obtained through refining
them, and on motor fuels.
2
It may
levy a surtax on motor fuels.
3
One
tenth of the net yield of the tax on distilled spirits shall be credited to the
Cantons. These funds shall be used to fight the causes and the effects of
addiction.
1
The
Confederation may levy a stamp tax on securities, on insurance premium receipts,
and on other documents of commerce; documents concerning operations in immovable
property and mortgages shall be exempt from stamp tax.
2
The
Confederation may levy a withholding tax on the revenue from movable capital
assets, on lottery gains, and on insurance benefits.
Legislation on customs duties and other levies
on trans-border goods traffic is a federal matter.
What federal legislation subjects to value
added tax, to a special consumption tax, to stamp tax, or to withholding tax, or
declares to be exempt from these taxes, may not be taxed by the Cantons and the
Municipalities with taxes of the same kind.
1
The
Confederation shall promote financial equalization among the
Cantons.
2
When
granting subsidies, it shall take into account the financial capacity of the
Cantons and the special situation of the mountainous regions.
1
All
Swiss citizens who are 18 years or older, and are not under guardianship because
of mental illness or weakness, shall have political rights in federal matters.
All shall have the same political rights and obligations.
2
They
may participate in elections to the House of Representatives and in federal
votations, and may launch and sign popular initiatives and referenda in federal
matters.
The
political parties shall contribute to the forming of the opinion and the will of
the People.
1
100’000 citizens entitled to vote may propose a
total revision of the Federal Constitution.
2
This
proposal shall be submitted to the vote of the People for its
approval.
1
100’000 citizens entitled to vote may propose a
partial revision of the Federal Constitution.
2
The
popular initiative for a partial revision of the Federal Constitution may be in
the form of a general suggestion or a formulated draft.
3
If an
initiative does not respect the principle of unity of form, the principle of
unity of subject matter, or mandatory rules of international law, the Federal
Parliament shall declare the initiative invalid, in whole or in
part.
4
If the
Federal Parliament approves an initiative in the form of a general suggestion,
it shall prepare a partial revision in the sense of the initiative, and submit
it to the vote of the people and the Cantons. If it rejects the initiative, it
shall submit it to the vote of the People; the People shall decide whether the
initiative should be followed. If the People approves the initiative, the
Federal Parliament shall formulate a corresponding draft.
5
An
initiative in the form of a formulated draft shall be submitted to the vote of
the People and the Cantons. The Federal Parliament shall recommend its approval
or its rejection. If it recommends its rejection, it may submit its own
counter-draft.
6
The
People and the Cantons shall vote simultaneously on the initiative and the
counter-draft. The voters may approve both drafts. They may indicate which draft
they prefer, should both be approved; should one of the drafts obtain the
majority of the People's votes and the other the majority of the votes of the
Cantons, neither of them shall come into force.
1
The
following shall be submitted to the vote of the People and the
Cantons:
a.
Revisions of the Federal
Constitution;
b.
The
entry into organizations for collective security or into supranational
communities;
c.
Federal Statutes declared urgent which have no
constitutional basis and whose validity exceeds one year; such Federal Statutes
must be submitted to the vote within one year after their adoption by the
Federal Parliament.
2
The
following shall be submitted to the vote of the People:
a.
Popular initiatives for total revision of the
Federal Constitution;
b.
Popular initiatives for partial revision of the
Federal Constitution in the form of a general suggestion which were rejected by
the Federal Parliament;
c.
The
question whether a total revision of the Constitution should be carried out if
both Chambers disagree.
1
The
following are submitted to the vote of the People at the request of 50'000
citizens entitled to vote, or of eight Cantons:
a.
Federal Statutes;
b.
Federal Statutes declared urgent with a
validity exceeding one year;
c.
Federal decrees to the extent the Constitution
or the statute foresee this;
d.
International treaties
which:
i.
are of
unlimited duration and may not be terminated;
ii.
provide for the entry into an international
organization;
iii.
involve a multilateral unification of
law.
3
The
Federal Parliament may submit further international treaties to optional
referendum.
1
Proposals submitted to the vote of the People
shall be accepted if the majority of those voting approves
them.
2
Proposals submitted to the vote of the People
and the Cantons shall be accepted if the majority of those voting and the
majority of the Cantons approve them.
3
The
result of a popular vote in a Canton determines the vote of that
Canton.
4
The
Cantons of Obwald, Nidwald, Basle-City, Basle-Land, Appenzell Outer Rhodes and
Appenzell Inner Rhodes have each one half of a cantonal
vote.
Every Swiss
citizen entitled to vote is eligible for membership in the House of
Representatives, the Federal Government, and the Federal Supreme
Court.
1
Members of the House of Representatives, of the
Senate, of the Federal Government, and Judges of the Federal Supreme Court may
not at the same time be members of another of these
bodies.
2
The
members of the Federal Government and the full-time judges of the Federal
Supreme Court may not carry out another function of the Confederation or a
Canton, nor may they exercise another gainful activity.
3
The
statute may provide for other incompatibilities.
The members
of the House of Representatives, the Federal Government, and the Chancellor of
the Confederation shall be elected for four years. The judges of the Federal
Supreme Court shall be elected for six years.
The
Confederation shall be answerable for damage caused illegally by its organs in
the exercise of their official activities.
The
Cantons, the political parties, and the interested circles shall be heard in the
course of the preparation of important legislation and other projects of
substantial impact, and on important international
treaties.
1
Subject to the rights of the People and the
Cantons, the Federal Parliament is the highest authority of the
Confederation.
2
It has
two Chambers, the House of Representatives and the Senate; which have equal
powers.
1
The
House of Representatives shall be composed of 200 representatives of the
People.
2
The
representatives shall be elected directly by the People according to the system
of proportional representation. The House of Representatives shall be renewed in
full every four years.
3
Each
Canton shall form an electoral district.
4
The
seats shall be distributed among the Cantons in proportion to their population.
Each Canton shall have at least one seat.
1
1 The
Senate shall consist of 46 delegates of the Cantons.
2
The
Cantons of Obwald, Nidwald, Basle-City, Basle-Land, Appenzell Outer Rhodes and
Appenzell Inner Rhodes shall elect one Senator each, the other Cantons shall
elect two Senators.
3
The
Cantons shall regulate the election of their Senators.
1
1 The
Chambers shall meet regularly for sessions. The Statute shall regulate the
calling of sessions.
2
One
fourth of the members of a Chamber or the Federal Government may request that
the Chambers be called to an extraordinary session period.
Each
Chamber shall elect from its midst for a term of one year, a President, the
first Vice-President, and the second Vice-President. These mandates shall not be
renewable for the following year.
1
Each
Chamber shall appoint commissions from its midst.
2
The
statute may foresee joint commissions.
3
The
statute may delegate certain powers that are not of a legislative nature to
commissions.
4
To
fulfill their tasks, the commissions shall have the right to obtain information,
to consult documents, and to conduct inquiries. The statute shall define the
limits of these rights.
The members
of the Federal Parliament may form parliamentary groups.
The Federal
Parliament shall benefit from parliamentary services. It may call upon the
serv-ices of the Federal Administration. The statute shall regulate the
modalities.
1
The
House of Representatives and the Senate shall deliberate
separately.
2
Decisions of the Federal Parliament shall
require the approval of both Chambers.
1
The
House of Representatives and the Senate shall deliberate in common as the
Federal Parliament in Joint Session under the chairmanship of the President of
the House of Representatives
2
in
order to:
a.
hold
elections;
b.
rule
on jurisdictional disputes between the highest federal
authorities;
c.
to
rule on petitions for pardon.
3
The
Federal Parliament in Joint Session shall assemble for special occasions, and to
hear declarations of the Federal Government.
The
meetings of the Chambers shall be public. The Statute may provide for
exceptions.
1
The
Chambers may deliberate validly if the majority of its members are
present.
2
The
decisions are taken in both Chambers and in the Federal Parliament in Joint
Session by the majority of those voting.
3
However, the majority of the members of each
Chamber shall be required for the following:
a.
The
declaration of urgency of Federal Statutes;
b.
Provisions granting subsidies, authorizing
credit lines, and establishing spending ceilings which cause new one-time
expenditures exceeding 20 Million Swiss Francs, or new recurrent expenditures
exceeding 2 Million Swiss Francs.
4
The
Federal Parliament may adjust these amounts to inflation by an
ordinance.
1
Every
member of the Federal Parliament, every parliamentary group, every parliamentary
commission, and every Canton, have the right to submit initiatives to the
Federal Parliament.
2
The
members of the Federal Parliament and of the Federal Government may present
motions concerning a proposal under deliberation.
1
The
members of the Federal Parliament shall vote without
instructions.
2
They
shall reveal their links with interest groups.
1
The
members of the Federal Parliament and the Federal Government, and the Federal
Chancellor may not be held responsible for their statements in the Chambers and
before parliamentary organs.
2
The
statute may provide for further forms of immunity, and extend them to other
persons.
1
The
Federal Parliament shall enact rules of law in the form of a Federal Statute or
ordinance.
2
The
other acts shall use the form of a federal decree. A federal decree not
subjected to referendum shall be called a simple federal
decree.
1
All
important provisions establishing rules of law must be enacted in the form of
Federal Statutes. These include the fundamental provisions
on
a.
the
exercise of political rights;
b.
the
restrictions of constitutional rights;
c.
the
rights and obligations of persons;
d.
the
circle of tax payers, and the object and the calculation of
taxes;
e.
the
tasks and services of the Confederation;
f.
the
obligations of the Cantons when implementing and executing federal
law;
g.
the
organization and the procedure of federal authorities.
2
A
Federal Statute may delegate the power to legislate unless this is excluded by
the Federal Constitution.
1
1 A
Federal Statute whose coming into force tolerates no delay, may be declared
urgent by the majority of each Chamber and put into force immediately. It must
be limited in time.
2
If a
referendum is demanded against an urgent Federal Statute, it shall lapse one
year after its adoption by the Federal Parliament, unless it is approved by the
People within that period.
3
An
urgent Federal Statute that has no constitutional basis shall lapse one year
after its adoption by the Federal Parliament, unless it was adopted within that
period by the People and the Cantons. It must be limited in
time.
4
An
urgent Federal Statute that was not adopted in a votation may not be renewed.
1
The
Federal Parliament shall participate in shaping foreign policy, and shall
supervise foreign relations.
2
It
shall approve international treaties, with the exception of those which by
statute or inter-national treaty are within the powers of the Federal
Government.
The Federal
Parliament shall decide on federal spending, shall adopt the budget, and shall
approve the federal accounts.
1
The
Federal Parliament shall elect the members of the Federal Government, the
Federal Chancellor, the judges of the Federal Supreme Court, and the
General.
2
The
Statute may empower the Federal Parliament to carry out further elections or to
confirm appointments.
1
The
Federal Parliament shall exercise the high supervision over the Federal
Government, the Federal Administration, the Federal Courts and the other organs
entrusted with tasks of the Confederation.
2
Official secrecy shall not be opposable to
those special delegations of supervisory commissions that are appointed as
provided by Statute.
The Federal
Parliament shall ensure that the efficacy of measures taken by the Confederation
is evaluated.
The Federal
Parliament may confer mandates to the Federal Government. The statute shall
regulate the modalities, and, in particular, the instruments which the Federal
Parliament may use to influence matters within the powers of the Federal
Government.
1
The
Federal Parliament shall maintain the relations between the Confederation and
the Cantons.
2
It
shall guarantee the cantonal constitutions.
3
It
shall decide whether to approve intercantonal treaties and treaties between
Cantons and foreign countries, should the Federal Government or a Canton raise
an objection.
1
The
Federal Parliament shall further have the following tasks and
powers:
a.
It
shall take measures to safeguard the external security, the independence, and
the neutrality of Switzerland;
b.
It
shall take measures to secure the inner security;
c.
If
extraordinary circumstances so require, it may issue ordinances or simple
federal decrees to fulfill the tasks according to letters a and
b;
d.
It
shall order active military service, and to this end, shall mobilize all or part
of the army.
e.
It
shall take measures to enforce federal law;
f.
It
shall decide on the validity of popular initiatives that meet the formal
requirements;
g.
It
shall cooperate in important planning of state activities;
h. It
shall decide on individual acts, if a Federal Statute so provides
expressly;
i.
It
shall decide conflicts or jurisdiction between the highest federal authorities;
j.
It
shall decide on petitions for pardon and declare
amnesties.
2
The
Federal Parliament shall moreover deal with all subjects that are within the
powers of the Confederation, and are not attributed to another federal
authority.
3
The
Statute may assign other tasks and powers to the Federal
Parliament.
The Federal
Government is the highest governing and executive authority of the
Confederation.
1
The
Federal Government shall consist of seven members.
2
The
members of the Federal Government shall be elected by the Federal Parliament
after each full renewal of the House of Representatives.
3
Not
more than one member from the same Canton shall be
elected.
1
The
President of the Confederation shall chair the Federal
Government.
2
The
Federal Parliament shall elect, for a term of one year, one of the members of
the Federal Government as President of the Confederation, and another as
Vice-President of the Federal Government.
3
These
mandates may not be renewed for the following year. The President of the
Confederation shall not be eligible to be Vice-President for the following year.
1
The
Federal Government shall take its decisions as a collective
body.
2
For
the preparation and implementation of the decisions, the matters of the Federal
Government shall be distributed amongst its members according to
Departments.
3
Matters shall be entrusted to Departments or
administrative units subordinated to them to be settled directly; in such cases,
the right of recourse to a remedy shall be guaranteed.
1
The
Federal Government shall direct the Federal Administration. It shall ensure its
efficient organization and the effective fulfillment of its
tasks.
2
The
Federal Administration shall be divided into Departments; each Department is
directed by one member of the Federal Government.
3
The
statute may attribute administrative tasks to organizations and persons of
public or private law outside the Federal Administration.
The Federal
Chancery is the general staff of the Federal Government. It shall be directed by
a Federal Chancellor.
1
The
Federal Government shall determine the goals and the means of its government
policy. It shall plan and coordinate the activities of the
state.
2
It
shall inform the public timely and fully of its activity, unless preponderant
public or private interests prevent this.
1
The
Federal Government shall submit to the Federal Parliament drafts of its
legislation.
1
The
Federal Government shall legislate in the form of ordinances, insofar as the
Constitution or the statute empower it to do so.
2
It
shall ensure the implementation of statutes, of decrees of the Federal
Parliament, and of judgments of the federal judiciary.
1
The
Federal Government shall prepare the financing plan, draft the budget and
establish the federal accounts.
2
It
shall ensure correct financial management.
1
The
Federal Government shall conduct foreign relations safeguarding the Federal
Parliament's participation rights; it shall represent Switzerland
abroad.
2
It
shall sign treaties and ratify them. It shall submit them to the Federal
Parliament for approval.
3
When
the safeguard of the interests of the country so require, the Federal Government
may issue ordinances and orders. Ordinances must be limited in time.
1
The
Federal Government shall take measures to secure the external security, the
independence, and the neutrality of Switzerland.
2
It
shall take measures to safeguard the inner security.
3
It may
base itself directly on the present article to issue ordinances and orders to
obviate existing or imminent great disturbances of the public order, the
external or the inner security. Such ordinances shall be limited in
time.
4
In
urgent cases, it may mobilize troops. If it mobilizes more than 4000 members of
the armed forces for active duty, or if the mobilization for active duty is
expected to last more than three weeks, the Federal Parliament must be convened
without delay.
1
The
Federal Government shall entertain the relations between the Confederation and
the Cantons, and shall collaborate with the Cantons.
2
It
shall approve cantonal legislation where the implementation of federal law so
requires.
3
It may
raise objections against treaties amongst the Cantons, or between Cantons and
foreign countries.
4
It
shall ensure the implementation of federal law, cantonal constitutions, and
intercantonal treaties, and shall take the necessary
measures.
1
The
Federal Government shall further have the following tasks and
powers:
a.
It
shall supervise the Federal Administration and the other organizations or
persons en-trusted with tasks of the Confederation;
b.
It
shall regularly inform the Federal Parliament of its activity and on the state
of the country;
c.
It
shall carry out the appointments that are not in the powers of other
authorities;
d.
It
shall decide on remedies where the statute so provides.
2
The
statute may attribute further tasks and powers to the Federal
Government.
1
The
Federal Supreme Court is the highest federal judicial
authority.
2
Its
organization and its procedure shall be regulated by
statute.
3
The
Federal Supreme Court shall provide for its own
administration.
1
The
Federal Supreme Court shall have jurisdiction over violations
of:
a.
federal law;
b.
public
international law;
c.
intercantonal law;
d.
cantonal constitutional
rights;
e.
autonomy of municipalities, and other
guarantees granted by the Cantons to public corporate
bodies;
f.
federal and cantonal provisions and political
rights.
2
It
shall judge public law disputes between the Confederation and the Cantons or
amongst Cantons.
3
The
statute may provide for further grounds for jurisdiction of the Federal Supreme
Court.
4
Enactments of the Federal Parliament and of the
Federal Government cannot be challenged before the Swiss Federal Supreme Court.
Exceptions may be provided for by statute.
The Federal
Supreme Court and the other authorities applying the law shall follow the
federal statutes and international law.
1
Legislation shall guarantee access to the
Federal Supreme Court.
2
For
disputes that do not concern a legal question of fundamental importance, it may
provide for a threshold sum.
3
For
certain subject matters access to the Federal Supreme Court may be excluded by
statute.
4
For
manifestly unjustified complaints the statute may provide for a simplified
procedure.
Art.
191a Further Federal Judicial Authorities
1
The
Confederation shall provide for a federal criminal court which shall judge as a
trial court criminal cases that are subject by statute to federal jurisdiction.
The statute may pro vide for further grounds for jurisdiction of the Federal
Criminal Court.
2
The
Confederation shall provide for federal judicial authorities to judge disputes
of public law arising within the administrative jurisdiction of the Federal
Administration.
3
Further federal judicial authorities may be
established by statute.
Art.
191b Cantonal Judicial Authorities
1
The
Cantons shall establish cantonal judicial authorities to judge civil and public
law disputes and criminal cases.
2
They
may establish common judicial authorities.
Art.
191c Independence of the Judiciary
All
judicial authorities shall be independent in their judicial activity and bound
by law only.
1
The
Federal Constitution may be subjected to a total or a partial revision at any
time.
2
Where
the Federal Constitution and implementing legislation do not provide otherwise,
the revision shall follow the legislative process.
1
A
total revision of the Federal Constitution may be proposed by the People or by
one of the Chambers, or may be decreed by the Federal
Parliament.
2
If the
initiative emanates from the People or if the Chambers disagree, the People
shall decide whether a total revision shall be undertaken.
3
Should
the People accept a total revision, both Chambers shall be newly
elected.
4
The
mandatory provisions of international law may not be
violated.
1
A
partial revision of the Federal Constitution may be requested by the People, or
be decreed by the Federal Parliament.
2
A
partial revision must respect the principle of the unity of subject matter; it
may not violate the mandatory provisions of international
law.
3
A
popular initiative for partial revision must, moreover, respect the principle of
the unity of form.
The
Constitution revised in total or in part shall enter into force as soon as it is
accepted by the People and the Cantons.
1.
Transitory Provision to Art. 84 (Transalpine Traffic)
…all this is not that important and
specifically intended for Switzerland
II
1
1 The
Federal Constitution of May 29, 1874 shall be abrogated.
2
The
following provisions of the Federal Constitution that must be converted into
statutory law, shall remain applicable until the corresponding statutory
provisions come into force:
(a)
Art.
121 bis , subsection 1, 2, and subsection 3, first and second sentence
1
Should the Federal Parliament prepare a counter-draft, three questions shall be
submitted to the voters on the same ballot. Every voter may state:
1. whether he or she
prefers the popular initiative to the existing law;
2. whether he or she
prefers the counter-draft to the existing law;
3. which of the two texts
should prevail, if the People and the Cantons prefer both
texts to the existing law.
(b)
The
absolute majority shall be determined separately for each question. Unanswered
questions shall not count for this determination.
(c)
Should
both the popular initiative and the counter-draft be accepted, the vote on the
third question shall be decisive. The text which, under this question, obtains
most votes of the People and of the Cantons shall come into
force.
III
The Federal Parliament shall adapt amendments
of the Federal Constitution of May 29, 1874 to the new Constitution with respect
to form. A decree to this effect shall not be subject to
referendum.
IV
1
This
decree shall be submitted to the votation of the People and the
Cantons.
2
The
Federal Parliament shall determine the date of entry into force.