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Constitutional Law in
Switzerland .........................................................................
Constitutional
Background
The 1874 Constitution has been repealed by public referendum on 18
April 1999 and replaced with a new constitution in force since 1
Jan 2000. The new constitution integrates the accumulated
amendments of the old version into a new text without radically
changing the structure of the Swiss Federation ('Nachführung der
Bundesverfassung'). It does not, for example, empower the Federal
Court with constitutional review of parliamentary laws.
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History and News
1 Jan 2000: New Constitution comes into force.
18 April 1999: Referendum adopting the new Constitution by 59% yes
votes to 41% no.
18 Dec 1998: Parliament adopts draft of the new constitution.
March 1997: President Arnold Koller announces a $4.7 billion
"solidarity fund" to help victims of genocide.
1996: Publication of the draft of a new Constitution.
22 Oct 1995: General Elections.
6 Dec 1992: Referendum about membership in the European Economic
Space (EES) fails. Government puts EU application on hold.
1972: Free Trade Agreement with the EC (now: EU).
29 May 1874: Adoption of the Constitution.
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{ Adopted on: 29 May 1874 }
[Preamble]
In the Name of Almighty God, the Swiss Confederation, with the
intent of strengthening the alliance of the Confederates and of
maintaining and furthering the unity, strength and honor of the
Swiss nation, has adopted the following Federal Constitution:
Chapter I General Provisions
Article 1 [Cantons]
Together, the peoples of the 23 sovereign Cantons of Switzerland
united by the present alliance, to wit: Zurich, Berne, Lucerne,
Uri, Schwyz, Unterwalden (Upper and Lower), Glarus, Zug, Fribourg,
Soleure, Basle (City and Rural), Schaffhausen, Appenzell (both
Rhodes), St. Gall, Grisons, Aargau, Thurgau, Ticino, Vaud, Valais,
Neuchatel, Geneva and Jura, form the Swiss Confederation.
Article 2 [Goals]
The aim of the Confederation is to preserve the outward
independence of the fatherland, to maintain internal peace and
order, to protect the freedom and the rights of the confederates
and to promote their common prosperity.
Article 3 [Cantonal Sovereignty]
The Cantons are sovereign insofar as their sovereignty is not
limited by the Federal Constitution and, as such, exercise all
rights which are not entrusted to the federal power.
Article 4 [Equality]
(1) All Swiss citizens are equal before the law. In Switzerland
there shall be no subjects, nor privileges of place, birth, person
or family.
(2) Men and women have equal rights. The law shall provide for
their equal treatment, especially as regards family, education and
work. Men and women are entitled to equal pay for equal work.
Article 5 [Guarantees]
The Confederation shall guarantee the Cantons their territory,
their sovereignty within the limits set forth in Article 3, their
constitutions, the freedom and the rights of the people, the
constitutional rights of the citizens as well as the rights and
prerogatives conferred upon the authorities by the people.
Article 6 [Cantonal Constitutions]
(1) The Cantons are bound to request the Confederation to
guarantee their constitutions.
(2) This guarantee shall be afforded provided
a) these constitutions contain nothing inconsistent with the
Federal Constitution;
b) they ensure the exercise of political rights according
to republican (representative or democratic) forms.
Article 7 [Treaties between
Cantons]
(1) All separate alliances and all treaties of a political nature
between Cantons are prohibited.
(2) The Cantons may, however, conclude agreements among themselves
concerning matters of legislation, justice and administration,
provided they bring such agreements to the notice of the federal
authority, which is entitled to prevent the execution of the
agreements if they contain anything contrary to the Confederation
or to the rights of other Cantons. If this is not the case, the
contracting Cantons may request the cooperation of the federal
authorities for the execution of such agreements.
Article 8 [War and Foreign
Affairs]
The Confederation alone has the right to declare war and to make
peace, as well as to conclude alliances and treaties, especially
customs and commercial treaties, with foreign states.
Article 9 [Cantonal Treaties]
Exceptionally, the Cantons retain the right to conclude treaties
with foreign states concerning matters of public economy,
neighborly relations and police provided such treaties contain
nothing contrary to the Confederation or to the rights of other
Cantons.
Article 10 [Cantonal Foreign
Affairs]
(1) All official intercourse between the Cantons and foreign
governments or their representatives shall take place through the
agency of the Federal Council.
(2) The Cantons may, however, correspond directly with subordinate
authorities and officials of a foreign state with respect to the
matters mentioned in Article 9.
Article 11 [Military Capitulations]
No military capitulations may be concluded.
Article 12 [Duties of State Officials]
(1) Members of the federal authorities, federal, civil and
military officials and federal representatives or commissioners,
as well as members of cantonal governments or legislative
assemblies, may not accept pensions, allowances, titles, gifts or
decorations from foreign governments. Any infringement of this
prohibition shall entail the loss of mandate or office.
(2) Whoever is in possession of such a pension, title or
decoration may not be elected or appointed member of a federal
authority, civil or military official of the Confederation,
federal representative or commissioner or member of a cantonal
government or legislative assembly unless before assuming the
mandate or office he expressly renounces the benefit of the
pension or title or has returned the decoration.
(3) In the Swiss Army, no decorations may be worn and no titles
conferred by foreign governments may be assumed.
(4) All officers, non-commissioned officers and soldiers are
forbidden to accept such distinctions.
Article 13 [Standing Army]
(1) The Confederation may not maintain a standing army.
(2) Without the consent of the federal authorities, no Canton or
Half-Canton may maintain a standing armed force of more than 300
men, not including Police forces.
Article 14 [Military
Disputes between Cantons]
In the event of disputes arising among them, the Cantons are bound
to refrain from taking any independent action and from arming.
They shall submit to the settlement of such disputes as decided in
accordance with federal regulations.
Article 15 [Military Assistance between Cantons]
In the event of a Canton being suddenly threatened from without,
its government shall seek the assistance of other Cantons while
simultaneously informing the federal authority, this being done
without prejudice as to the measures that authority may decide.
The Cantons called upon are bound to give their assistance. The
Confederation shall bear the costs.
Article 16 [Federal Military
Intervention]
(1) In the case of internal troubles or
when danger threatens from another Canton, the government of the
threatened Canton must immediately inform the Federal Council in
order to enable it to take appropriate measures within the limits
of its competence (Article 102 (3), (10) and (11)) or to summon
the Federal Assembly. In urgent cases, while immediately informing
the Federal Council, the government is entitled to seek help from
other Cantons, which are bound to provide it.
(2) Whenever the cantonal government is unable to summon help, the
competent federal authority may intervene without being called
upon; this authority is bound to do so whenever the security of
Switzerland is at stake.
(3) In the event of a federal intervention, the federal
authorities shall ensure that the provisions of Article 5 are
observed.
(4) The costs shall be borne by the Canton requesting or giving
cause for a federal intervention, unless the Federal Assembly
should decide otherwise in view of special circumstances.
Article 17 [Military Passage]
In the cases mentioned in Articles 15 and 16, every Canton is
bound to afford free passage to armed forces. These shall
immediately be placed under federal command.
Article 18 [Military Service]
(1) Every Swiss is under the obligation to perform military
service.
(2) Members of the armed forces who in the course of their federal
military service lose their life or suffer permanent injury to
their health shall be entitled to relief from the Confederation
for themselves or for their families, should they be in need.
(3) All members of the armed forces shall be given their first
arms, equipment and clothing free of charge. The soldiers shall
keep their personal arms under the conditions federal legislation
shall determine.
(4) The privilege tax on exemption from military service shall be
levied by the Cantons for the account of the Confederation,
according to the provisions of federal legislation.
Article 19 [Federal Army]
(1) The federal army consists of:
a) the troops of the Cantons;
b) all Swiss who, though not belonging to those troops, are
nevertheless subject to military service.
(2) The right to dispose of the army as well as of the war
materials provided for it by law rests with the Confederation.
(3) In time of danger, the Confederation also has the right to
dispose directly and exclusively of all men not incorporated into
the federal army as well as of all other military resources of the
Cantons.
Article 20 [Military Affairs]
(1) Legislation on military organization is a federal concern. The
execution of such legislation within the Cantons shall be ensured
by the cantonal authorities within the limits to be laid down by
federal legislation and under the supervision of the
Confederation.
(2) All military training is a federal concern; the same applies
to armament.
(3) The supply and maintenance of clothing and equipment remains a
cantonal concern; however, the expenses resulting therefrom shall
be reimbursed to the Cantons by the Confederation according to
regulations to be laid down by federal legislation.
Article 21 [Composition of
Military Units]
(1) Insofar as there are no objections to this for military
reasons, the military units shall be made up of men coming from
the same Canton.
(2) The composition of such units, the responsibility for
maintaining their effective strength and the appointment and
promotion of their officers are cantonal concerns subject to such
general regulations as the Confederation shall lay down.
Article 22 [Military Ground]
(1) The Confederation has the right to take over, against fair
compensation, the use or the ownership of military training
grounds and buildings destined to military purposes which already
exist in the Cantons.
(2) The regulations governing such compensation shall be laid down
by federal legislation.
Article 22bis [Civil Defence]
(1) Legislation on civil defence of persons and property against
the consequences of acts of war is a federal concern.
(2) The Cantons shall be consulted during the drafting of
executory legislation. They shall be entrusted with its execution
under the high supervision of the Confederation.
(3) The contributions of the Confederation towards the cost of
civil defence shall be fixed by law.
(4) The Confederation is entitled to institute compulsory civil
defence service for men by means of a federal law.
(5) Women may engage in voluntary civil defence service; the
details of such service shall be regulated by law.
(6) Allowances, insurance and compensation for loss of earnings
for persons performing civil defence service shall be regulated by
law.
(7) A law shall regulate the use of civil defence organizations in
emergencies.
Article 22ter [Property Rights]
(1) The right of ownership is guaranteed.
(2) To the extent allowed by their constitutional powers, the
Confederation and the Cantons can, by legislation and for reasons
of public interest, make provision for expropriation and
restrictions on ownership.
(3) In cases of expropriation and restriction of ownership
equivalent to expropriation, fair compensation shall be paid.
Article 22quater [Zoning Plans]
(1) The Confederation shall decree by legislation principles
applicable to zoning plans to be drawn up by the Cantons for the
purpose of ensuring the judicious use of ground and rational land
occupation.
(2) It shall encourage and coordinate the efforts of the Cantons,
and collaborate with them.
(3) In carrying out its functions, it shall take into account the
needs of land zoning at national, regional, and local level.
Article 23 [Public Works]
(1) The Confederation is entitled in the interest of Switzerland,
or of a considerable part of it, to order public works at its own
expense or to encourage such works by granting subsidies.
(2) For this purpose, the Confederation may, against full
compensation, make use of the right of expropriation. Detailed
provisions in this regard shall be laid down by federal
legislation.
(3) The Federal Assembly may prohibit public works which would
affect the military interests of the Confederation.
Article 23bis [Bread Grain]
(1) The Confederation shall maintain such stocks of bread grain as
are necessary to ensure the country's food supply. It may compel
millers to store bread grain and to purchase it from the
Confederation's stocks in order to facilitate the latter's
renewal.
(2) The Confederation shall encourage the cultivation of bread
grain within the country and promote the selection and acquisition
of high-quality home-grown seeds. It shall buy home-grown quality
bread grain suitable for milling at a price which makes its
cultivation possible. Millers can be compelled to purchase such
grain at not more than the Confederation's cost price.
(3) The Confederation shall ensure the existence of a national
milling industry while at the same time safeguarding the interests
of consumers of flour and bread. It shall supervise, within the
limits of its powers, the trade in bread grain, bread-flour and
bread as well as the prices of these commodities. The
Confederation shall take the necessary measures in order to
regulate the import of bread-flour; it may reserve to itself the
exclusive right to import this commodity. If necessary, the
Confederation shall grant facilities to millers in order to reduce
their inland transport costs. It shall take measures in order to
adjust the price of flour in mountain areas.
(4) The revenue from customs duty levied on bread grain shall
serve to cover the Confederation's costs in supplying the country
with bread grain.
Article 24 [Rivers and Forests]
(1) The Confederation has the right of high supervision over the
control of river embankments and forests.
(2) It shall lend its support to works for the control and the
embanking of mountain streams as well as the reforestation of
their source areas. It shall lay down the regulations required to
maintain such works and to preserve existing forests.
Article 24bis [Water]
(1) To ensure the economical use and the protection of water and
the prevention of damage by water, the Confederation, having
regard to the total water economy, shall by legislation establish
principles in the general interest concerning:
a) the conservation and exploitation of water, especially for the
supply of drinking water and the enrichment of underground water:
b) the use of water for energy production and for cooling
purposes;
c) the regulation of water levels and of the flow of surface and
underground water, the diversion of water outside its natural
course, irrigation and drainage and other intervention in the
water cycle.
(2) For the same purpose the Confederation shall issue provisions
on:
a) the protection of surface and underground water against
pollution and the maintenance of adequate water reserves;
b) the policing of hydraulic engineering installations, including
the correction of rivers and the safety of dams;
c) intervention to influence precipitation;
d) obtaining and evaluation of hydrological data;
e) the Confederation's right to requisition water for its
transport undertakings against payment of dues and adequate
compensation for inconvenience.
(3) Private rights reserved, the Cantons or those entitled under
cantonal legislation shall dispose of water and levy dues for its
use. The Cantons shall fix the dues within the limits laid down by
federal legislation.
(4) If the granting or exploitation of water rights affects
international relations, the Confederation shall give a decision
in consultation with the Cantons concerned. The same applies to
intercantonal relations if the Cantons concerned cannot agree. In
the case of international relations, the Confederation shall
determine the dues after granting the Cantons concerned a hearing.
(5) The execution of the federal prescriptions shall be the
responsibility of the Cantons unless this is reserved by law to
the Confederation.
(6) In the exercise of its competence the Confederation shall bear
in mind the needs and safeguard the development possibilities of
the water source reas and of the Cantons concerned.
Article 24ter [Navigation]
Legislation on navigation is a federal concern.
Article 24quater [Electrical
Energy]
(1) The Confederation is empowered to issue legal provisions
concerning the transmission and distribution of electrical energy.
(2) Energy produced by hydraulic power may only be exported with
the authorization of the Confederation.
Article 24quinquies [Atomic
Energy]
(1) Legislation on atomic energy is a federal concern.
(2) The Confederation shall enact regulations on protection
against the danger resulting from ionizing rays.
Article 24sexies [Protection of
Nature]
(1) The protection of nature and landscapes is a cantonal concern.
(2) The Confederation shall, in carrying out its obligations,
preserve the characteristic aspects of landscapes and localities,
of historical sites as well as of natural and cultural monuments,
and it shall leave them untouched whenever the general interest is
predominant.
(3) The Confederation may assist efforts to protect nature and
landscapes by granting subsidies and it may acquire or conserve
nature reserves, historical sites and monuments of national
importance on a contractual basis or by means of expropriation.
(4) The Confederation is entitled to legislate on the protection
of animal and vegetable life.
(5) Moors and marshlands of special beauty and national importance
are protected objects. Installations must not be built on them and
no alterations to the land of any kind may be carried out.
Exceptions are installations which serve to maintain the purpose
of protection and the existing agricultural use.
Transitional provision: Installations, buildings and alterations
to the land which conflict with the purpose of conservation areas
and which are undertaken after 1st June, 1983, particularly in the
Rothenthurm marshlands on the territory of Cantons Schwyz and Zug,
must be demolished and reversed at the builder's expense. The
original state must be restored.
Article 24septies [Environmental
Protection]
(1) The Confederation shall legislate for the protection of man
and his natural environment against harmful or annoying acts. In
particular it shall counter air pollution and noise.
(2) The carrying out of federal provisions shall fall to the
Cantons, insofar as the law does not limit this to the
Confederation.
Article 24octies [Energy Policy]
(1) The Confederation and the Cantons shall strive within the
framework of their competence for a sufficient, varied and
reliable, economical, and environment-compatible energy supply and
for an economical and rational use of energy.
(2) The Confederation shall issue principles for:
a) the use of domestic and renewable energies;
b) the economical and rational use of energy.
(3) The Confederation:
a) shall issue regulations concerning the use of energy by
installations, vehicles, and appliances;
b) shall promote the development of energy techniques,
particularly in the sphere of energy saving and renewable
energies.
(4) The Confederation shall have regard in its energy policy to
the efforts of the Cantons and their communities and of the
economic sector. Account is to be taken of the differing
circumstances of the individual regions of the country and of
economic acceptability. Measures concerning the use of energy
buildings shall be taken by the Cantons.
Article 25 [Hunting and Fishing]
The Confederation is entitled to legislate on hunting and fishing,
particularly in order to preserve alpine game and to protect birds
which are useful for agriculture and forestry.
Article 25bis [Animal Protection]
(1) The Confederation shall be empowered to legislate for the
protection of animals.
(2) Federal legislation shall apply in particular to:
a) the keeping and care of animals;
b) the use of and trade in animals;
c) the transportation of animals;
d) experiments involving live animals;
e) slaughter at abattoirs and other methods of killing animals;
f) the import of animals and products of animal origin.
(3) The carrying out of federal regulations shall be incumbent
upon the Cantons where the law does not reserve this for the
Confederation.
Article 26 [Railways]
Legislation on the construction and operation of railways is a
federal concern.
Article 26bis [Pipelines]
Legislation on pipelines for the transport of liquid or gaseous
fuels is a federal concern.
Article 27 [Educational System]
(1) The Confederation is entitled to set up, in addition to the
existing polytechnic, a federal university and other
establishments for higher education or to subsidize such
institutions.
(2) The Cantons shall provide for adequate primary education which
shall be placed wholly under state control. Such education shall
be compulsory and, in public schools, free of charge.
(3) It shall be possible for the adherents of all religious
beliefs to attend public schools without being affected in any way
in their freedom of belief or conscience.
(3bis) For the period of compulsory schooling the school year
shall begin between mid August and mid September.
(4) The Confederation shall take appropriate measures against
Cantons which fail to meet these requirements.
Article 27bis {...}
Article 27ter [Cultural
Activities]
(1) The Confederation is entitled to legislate by means of laws or
generally binding federal decrees:
a) in order to promote Swiss film production and cultural
activities in the field of cinematography;
b) in order to regulate the import and distribution of films as
well as the opening and transformation of establishments for the
projection of films; if necessary, the Confederation may in so
doing depart from the freedom of trade and industry, should this
be justified by general cultural or state interest.
(2) The Cantons shall be consulted prior to the enactment of
executory legislation. The same shall apply to interested cultural
and economic associations.
(3) Should the federal legislation make the opening and
transformation of establishments for the projection of films
dependent on the granting of a license, the Cantons shall be
competent for the granting of such licenses according to the
procedure they shall determine.
(4) In all other respects, legislation in the field of
cinematography and its execution shall remain within the
competence of the Cantons.
Article 27quater [Scholarships]
(1) The Confederation may grant subsidies to the Cantons for their
expenses relating to scholarships and other forms of financial aid
for education.
(2) The Confederation itself may, in order to complement cantonal
regulations, take steps or assist measures in order to further
education by means of scholarships or other forms of financial
help.
(3) The autonomy of the Cantons in the field of education shall
always be upheld.
(4) Executory legislation shall take the form of federal laws or
generally binding federal decrees. The Cantons shall be consulted
beforehand.
Article 27quinquies [Physical
Educations]
(1) The Confederation shall have the right to issue directives
relating to gymnastics and sporting activities for young people.
It shall have the power to compel by statute the teaching of
gymnastics and sport in schools. It will be for the Cantons to
apply federal directives in schools.
(2) The Confederation shall encourage gymnastics and sporting
activities for adults.
(3) The Confederation shall undertake the provision of a school of
gymnastics and sport.
(4) The Cantons and interested organizations shall be consulted
when implementing legislation is drafted.
Article 27sexies [Scientific
Research]
(1) The Confederation shall encourage scientific research. Its
provision of finance may be conditional on coordination being
guaranteed.
(2) It can create research establishments or take over existing
establishments either entirely or in part.
Article 28 [Customs]
All matters relating to customs are a federal concern. The
Confederation has the right to levy import and export duties.
Article 29 [Customs Principles]
(1) The following principles shall govern the levying of customs
duties:
1) Import duties
a) the materials required for domestic industry and agriculture
shall be subject to the lowest possible duties;
b) the same shall apply to the necessities of life;
c) luxuries shall be subject to the highest duties. Unless there
are compelling reasons to the contrary, these principles shall
also be applied when concluding commercial treaties with foreign
states.
2) Export duty rates shall be as moderate as possible
3) The customs legislation shall contain suitable provisions to
facilitate frontier and market trade.
(2) Notwithstanding the foregoing provisions, the Confederation
may, in extraordinary circumstances, resort temporarily to
exceptional measures.
Article
30 [Customs Receipts]
(1) The receipts from the customs duties shall accrue to the
federal treasury.
(2) {...}
(3) {...}
Article 31 [Freedom of Trade and
Industry]
(1) Freedom of trade and industry is guaranteed throughout the
territory of the Confederation, subject to such limitations as are
contained in the Federal Constitution and the legislation enacted
under its authority.
(2) Cantonal regulations concerning the exercise of trade and
industry and the taxes on such activities remain unaffected.
However, such regulations shall not depart from the principle of
freedom of trade and industry except where the Federal
Constitution provides otherwise. Cantonal monopolies are likewise
excepted.
Article 31bis [General Welfare,
Economic Security]
(1) Within the limits of its constitutional powers, the
Confederation shall take measures to promote the general welfare
and the economic security of its citizens.
(2) While promoting the general interest of the Swiss economy, the
Confederation may enact regulations on the exercise of trade and
industry and take measures in favor of specific economic sectors
or professions. In so doing, it must respect the principle of
freedom of trade and industry, subject to the provisions of
Paragraph (3).
(3) Where this is justified by general interest, the Confederation
is entitled to enact regulations departing, if necessary, from the
principle of freedom of trade and industry in order to:
a) preserve important economic sectors or professions whose
existence is threatened and to improve the skills of persons
exercising an independent activity in those sectors or
professions;
b) maintain a sound peasant population, ensure agricultural
productivity and consolidate rural landownership;
c) protect regions whose economy is threatened;
d) prevent economically or socially harmful effects of cartels and
similar groupings;
e) take precautionary measures for the economic protection of the
country and also measures to ensure that the country is supplied
with vital goods and services in the event of severe shortages
which the economy itself cannot remedy.
(4) Regulations under headings a) and b) shall be enacted only if
the economic sectors or professions to be protected have taken
such measures to help themselves as can reasonably be expected of
them.
(5) Federal legislation enacted under Paragraph (3)(a) and (b),
shall promote the development of organizations based on mutual
assistance.
Article 31ter [Restaurants]
(1) The Cantons may legislate to make the running of
establishments serving food or drink depend on professional and
personal qualifications and also to subordinate the number of
establishments to the existence of a need whenever the very
existence of this trade is threatened by excessive competition. In
so doing, due account shall be taken of the importance of the
various types of establishments for the public welfare.
(2) Furthermore, the Confederation may, within the limits or its
own legislative powers, authorize the Cantons to enact regulations
on matters which do not call for federal legislation and
concerning which the Cantons themselves have no legislative
powers.
Article 31quater [Banking]
(1) The Confederation is entitled to legislate on banking.
(2) Such legislation shall take into consideration the specific
task and position of the cantonal banks.
Article 31quinquies [Economic
Policy]
(1) The Confederation shall take measures to ensure balanced
economic development and, in particular, to prevent and combat
unemployment and price inflation. It shall collaborate with the
Cantons and private enterprise.
(2) In the case of measures in the monetary and banking spheres,
public finances and foreign trade, the Confederation can, if
necessary, depart from the principle of freedom of trade and
industry. It can oblige firms to form tax-privileged employment
creation reserves. After their release the firms shall freely
decide how to use them within the purpose laid down by law.
(3) When drawing up their estimates the Confederation, the Cantons
and the Communes shall take into consideration the requirements of
the economic situation. The Confederation can temporarily levy
surcharges or grant rebates on federal taxes to stabilize the
economy. The money withdrawn from circulation is to be frozen for
as long as the economic situation requires. Direct taxes shall
then be refunded individually, indirect ones shall be used for the
granting of rebates or for work creation.
(4) The Confederation shall take into consideration the varying
economic development of the individual regions of the country.
(5) The Confederation shall conduct the necessary economic policy
surveys.
Article 31sexies [Consumer
Protection]
(1) The Confederation, while safeguarding the general interests of
the Swiss economy as a whole and freedom of trade and industry,
shall take measures to Protect the consumer.
(2) In the area of federal legislation on unfair competition
consumer organizations have the same rights as professional and
industrial associations.
(3) For disputes arising from contracts between end users and
suppliers the Cantons shall, in cases up to a value prescribed by
the Federal Council, provide for an arbitration procedure or a
simple and quick litigation procedure.
(4) To prevent abuses in price fixing the Confederation shall
issue regulations for monitoring the prices and price
recommendations for goods and services of enterprises and
organizations governed by public and private law, especially of
cartels and cartel-like bodies, with a dominant position in the
market. Insofar as the purpose requires it, such prices can be
reduced.
Article 32 [Procedures for
Economic Regulations]
(1) Provisions mentioned in Articles 31bis, 31ter (2), 31quater,
and 31quinquies may only be enacted through federal laws or
federal decrees on which a popular vote can be requested. In the
case of emergencies occurring during periods of economic
disturbances, Article 89bis shall remain applicable.
(2) The Cantons shall be consulted prior to the enactment of
executory legislation. As a rule, the execution of the federal
regulations shall be entrusted to them.
(3) Interested economic organizations shall be consulted prior to
the enactment of executory legislation and may be called upon to
cooperate in the application of executory regulations.
Article 32bis [Alcohol]
(1) The Confederation is entitled to legislate on the manufacture
import, refining, sale and taxation of distilled spirits.
(2) This legislation shall aim at reducing the consumption and
consequently the import and manufacture of spirits. It shall
encourage the growing of table-fruit and the use of indigenous raw
materials suitable for distillation as food or fodder. The
Confederation shall reduce the number of stills by way of agreed
purchases.
(3) Concessions for industrial manufacture of distilled spirits
shall be granted to cooperative and other private enterprises. The
concessions thus granted shall facilitate the use of waste
products from the cultivation of fruit-trees, grapes and
sugarbeets and of the surplus production of fruits and potatoes to
the extent that such raw materials cannot be suitably employed
otherwise.
(4) Non-commercial manufacture of distilled spirits from fruit,
fruit-waste, cider, wine, grape-skins, lees of wine, gentian
roots, and similar materials shall remain authorized in existing
domestic or circulating stills provided those materials are
exclusively indigenous and either the product of the distiller's
own harvest or grown wild. Such spirits shall be tax-free to the
extent that they are necessary for the manufacturer's household or
agricultural activities. Domestic stills continuing to operate
after a period of 15 years as from the adoption of this article
shall, in order to be able to continue their production, have to
apply for a license which shall be granted to them free of charge,
subject to the conditions to be specified by law.
(5) Specialties produced from distilled stone-fruit, wine,
grape-skins, lees of wine, gentian roots and similar products
shall be subject to taxation. The producer shall, however, be
enabled to obtain a fair remuneration for the indigenous raw
materials he uses.
(6) With the exception of tax-free quantities for home consumption
and specialties, the distilled spirits produced in the country are
to be delivered to the Confederation, which shall take them over
against a fair price.
(7) No taxes shall be levied on products which are exported, in
transit or denatured.
(8) The yield of taxes on sales in public establishments and on
retail trade within the limits of their territory shall remain the
due of the Cantons. Licenses for intercantonal and international
retail trade shall be granted by the Confederation; the
corresponding revenue shall be distributed amongst the Cantons in
proportion to their normal resident population.
(9) The Cantons shall receive 10 per cent of the Confederation's
net revenue from taxes on spirits, which they must spend on
combating the causes and effects of alcoholism and the abuse of
addictive and narcotic drugs and of medicaments. The funds shall
be distributed among the Cantons in proportion to their resident
populations. The Confederation must spend its share on old age,
survivors' and disability insurance.
Article 32ter [Absinthe
Prohibition]
(1) The manufacture, import, transport, sale and holding for sale
of the liquor called absinthe are prohibited throughout the
Confederation. This prohibition extends to all spirits which,
whatever their designation, are an imitation of absinthe. It does
not apply to transit of absinthe nor to its use for pharmaceutical
purposes.
(2) The prohibition shall enter into force two years after its
adoption. Federal legislation shall lay down the provisions
rendered necessary by the prohibition.
(3) The Confederation is entitled to decree the same prohibition,
by means of legislation, with respect to all other beverages
containing absinthe which might constitute a public danger.
Article 32quater [Inn keeping]
(1) The Cantons are entitled to enact legislation in order to
subject the practice of the inn keeping 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 sell their own
production in quantities of two liters and more, without
authorization and without paying any fee.
(5) The Confederation is entitled to legislate on the trade in
non-distilled spirits in quantities of two liters and more. Such
provisions may not infringe the principle of freedom of trade and
industry.
(6) Hawking and other forms of itinerant sale of spirits are
prohibited.
Article 33 [Liberal Professions]
(1) The Cantons may require proofs of capacity from persons who
intend to exercise a liberal profession.
(2) Federal legislation shall provide the possibility for such
persons to obtain certificates of capacity valid throughout the
Confederation.
Article 34 [Child Labor, Worker
Protection, Insurance Firms]
(1) The Confederation is entitled to enact uniform regulations on
the employment of children in factories and on the working hours
of adult persons. It is likewise entitled to enact regulations in
order to protect the worker against the operation of unhealthy and
dangerous industries.
(2) The business operations of emigration agencies and of private
insurance firms are subject to the supervision and legislation of
the Confederation.
Article 34bis [Health and Accident
Insurance]
(1) The Confederation shall institute,
by means of legislation, an insurance against illness and
accidents, taking due account of existing insurance funds.
(2) It may make adherence thereto compulsory for all or for
specific categories of citizens.
Article 34ter [Employee
Protection]
(1) The Confederation is entitled to legislate on:
a) the protection of employees;
b) the relations between employers and employees, particularly as
regards mutually agreed regulations concerning industrial and
professional matters;
d) adequate compensation for loss of wages and earnings due to
military service;
e) employment agencies;
f) {...}
g) vocational training in the fields of industry, crafts,
commerce, agriculture, and domestic service.
(2) The generally binding effect under heading c) may only be
decreed in the field of labor relations and provided such
regulations take due account of legitimate minority interests and
regional diversities and do not affect equality before the law and
freedom of association.
(4) The provisions of Article 32 shall be applicable by analogy.
Article 34quater [Retirement and
Disability Insurance]
(1) The Confederation shall adopt the measures necessary to
promote an adequate old age, survivors', and disability insurance
scheme. This scheme shall be provided for by a federal insurance,
professional insurance and insurance undertaken by the individual.
(2) The Confederation shall institute, by means of legislation,
compulsory insurance for old age, survivors, and the disabled
covering the entire population. This insurance shall provide for
benefits in cash and in kind. Payments shall take appropriate
account of basic needs. Maximum payments shall not exceed double
the minimum payments. Payments shall be adjusted at least to the
cost of living. The insurance schemes shall be implemented with
the co-operation of the Cantons; professional associations and
other private or public organizations may be called upon to
cooperate. The insurance shall be financed:
a) by contributions by those insured; in the case of wage or
salary-earners, half the contributions shall be the responsibility
of the employer;
b) by a contribution from the Confederation, which shall not
exceed one half of the cost, and which shall be covered in the
first instance by the net revenue from the tax and customs duty on
tobacco, as well as by tax on spirits under the provisions of
Article 32bis (9);
c) if provided for in the implementing regulations, by a
contribution from the Cantons, which shall reduce accordingly the
share provided by the Confederation.
(3) In order to allow elderly people, survivors, and disabled
persons to maintain their previous standard of living in an
appropriate manner, the Confederation shall - taking into account
the provisions of the federal insurance scheme - institute the
following measures with regard to professional insurance by means
of legislation:
a) it shall oblige employers to insure their personnel with an
insurance institution for business enterprises, administrations,
or associations, or with some similar institution and to assume
responsibility for at least half of the contributions;
b) it shall fix the minimum requirements which these insurance
institutions must satisfy; it shall be entitled, in order to
resolve certain special problems, to make provisions for measures
applying to the whole country;
c) it shall take steps to ensure that every employer is able to
insure personnel with an insurance institution; it shall have
power to set up a federal fund;
d) it shall take steps to ensure that all self-employed persons
have the option of insuring themselves with an institution
undertaking professional insurance under conditions equivalent to
those offered to salary- or wage-earners. Insurance can be made
obligatory for certain categories of self-employed persons
generally or for covering specific risks.
(4) The Confederation shall take steps to ensure that the
professional insurance as well as the federal insurance schemes
are able, in the long term, to develop in accordance with their
aims.
(5) The Cantons can be obliged to grant tax exemptions to
institutions engaged in federal insurance or professional
insurance, as well as tax relief to those insured, and to their
employers with regard to contributions and rights to benefits.
(6) The Confederation, in collaboration with the Cantons, shall
encourage individuals to provide for their future, notably through
fiscal measures and policies which establish rights of ownership.
(7) The Confederation shall encourage the rehabilitation of
disabled persons and support efforts made to assist elderly
persons, survivors and the disabled. It shall be entitled to use
the financial resources of the federal insurance scheme for this
purpose.
Article 34quinquies [Family
Protection]
(1) The Confederation shall, in the exercise of the power
conferred upon it and within the limits set by the Constitution
have due regard for the needs of the family.
(2) The Confederation is entitled to legislate in the field of
family compensation funds. It may declare adherence thereto
compulsory for all or for specific categories of citizens. It
shall take account of the existing funds, assist the efforts of
the Cantons and professional associations to set up new funds and
it is entitled to establish a central compensation fund. It may
make its financial contributions dependent on adequate
participation of the Cantons.
(3) {...}
(4) The Confederation shall institute maternity insurance by means
of legislation. It may declare adhesion thereto compulsory for all
or for specific categories of citizens and it may require persons
to contribute financially who are not eligible for insurance
benefits. It may make its financial contribution dependent on an
adequate participation of the Cantons.
(5) The laws enacted pursuant to this article shall be implemented
with the cooperation of the Cantons; private and public
associations may be called upon to cooperate.
Article 34sexies [Housing
Development]
(1) The Confederation shall take measures aimed at encouraging the
construction of housing, especially through a lowering of costs,
and providing the opportunity for owning a dwelling or house.
Federal legislation shall determine the conditions for giving
assistance grants.
(2) The Confederation shall have the following particular powers:
a) to facilitate the obtaining and development of sites for
housing construction;
b) to support efforts aimed at improving housing and environmental
conditions for families, persons with limited earning capacity,
the elderly, the disabled, and persons in care;
c) to research into the housing market and into building methods,
and to encourage rationalization in building;
d) to ensure that capital is obtained for housing construction.
(3) The Confederation is authorized to decree the necessary legal
provisions for the development of sites intended for housing
construction as well as for rationalization in building.
(4) Insofar as the nature of these measures exceeds the powers of
the Confederation alone, the Cantons shall be called on to help
carry them out.
(5) The Cantons and other interested groups shall be consulted
during the drafting of implementing legislation.
Article 34septies [Tenant
Protection]
(1) The Confederation shall be empowered to issue regulations
against abuses in the renting area. It shall regulate the
protection of tenants from excessive rents and other improper
demands by landlords, the voidability of improper notice and the
extension for a limited time of tenancies.
(2) In order to encourage the conclusion of common agreements and
to prevent abuses in the field of rents and housing, the
Confederation shall be empowered to decree provisions having
generally binding effect with regard to certain obligations in
basic contracts and other measures commonly agreed between lessors
and lessees, or organizations representing similar interests.
Article 34ter (2) of the Constitution is applicable by analogy.
Article 34octies {...}
Article 34novies [Unemployment
Insurance]
(1) The Confederation shall regulate unemployment insurance by
means of legislation. It is entitled to make regulations about
unemployment benefit.
(2) Unemployment insurance shall be obligatory for employees. The
law shall lay down the exceptions. The Confederation shall ensure
that self-employed persons can, on certain conditions, insure
themselves.
(3) Unemployment insurance shall guarantee adequate compensation
for loss of earnings and shall support, by means of financial
contributions, measures to prevent and combat unemployment.
(4) Unemployment insurance shall be financed by the insured
persons' contributions; if the insured persons are employees their
employers shall bear half the cost of the contributions. The law
shall limit the amount of earned income subject to contributions
and the contribution rate. The Confederation and the Cantons shall
make financial contributions in exceptional circumstances.
(5) The Cantons and economic groupings (unions, employers'
organizations, and professional organizations etc.) shall
cooperate in the making and implementation of the regulations.
Article 35 [Gambling]
(1) The opening and the running of gambling houses are prohibited.
(2) Cantonal governments may, subject to the restrictions required
by the public welfare, permit recreational games to the extent
customary in the kursaals up to the spring of 1925, provided that,
in the opinion of the licensing authority, such games appear
necessary in order to maintain or to further the tourist trade and
that they are organized by enterprises running kursaals for that
purpose. The Cantons may also prohibit such games.
(3) An order of the Federal Council shall determine the
restrictions required by the public welfare. The stake may not
exceed five francs.
(4) All licenses granted by the Cantons are subject to approval by
the Federal council.
(5) One quarter of the gross receipts from the games shall be paid
to the Confederation, which shall contribute these sums to relief
for victims of natural disasters and to public utility works,
without taking account of its own contributions.
(6) The Confederation may also take appropriate measures
concerning lotteries.
Article 36 [Post and Telegraphs,
Secrecy]
(1) Throughout Switzerland, post and telegraphs are a federal
concern.
(2) Revenue from posts and telegraphs shall accrue to the federal
treasury.
(3) In all parts of Switzerland, rates shall be fixed according to
the same principles and as fairly as possible.
(4) The inviolability of the secrecy of letters and telegrams is
guaranteed.
Article 36bis [National Highways]
(1) The Confederation shall ensure the setting up and utilization
of a network of national highways by means of legislation. The
main communication routes which present an interest for the whole
of Switzerland may be declared national highways.
(2) The Cantons shall build and maintain the national highways
according to the regulations laid down by the Confederation and
under its high supervision. The Confederation may take over the
task incumbent upon a Canton on request by the latter or if the
interest of the work so requires.
(3) Land suitable for agricultural production shall be spared
whenever possible. Disadvantages as regards the utilization and
cultivation of land which result from the building of national
highways shall be compensated by appropriate measures at the
expense of the road-building funds.
(4) The cost of building, running and maintaining national
highways shall be shared between the Confederation and the
Cantons, due account being taken of the burdens falling on the
individual Cantons as a result of the national highways as well as
of their interests and financial resources.
(5) {...}
(6) Subject to the powers of the Confederation, the national
highways remain under the sovereignty of the Cantons.
Article 36ter [National Highways
Finances]
(1) The Confederation shall allocate half the net revenue from the
import duty on motor fuels and all the revenue from any
supplementary tax to the following ends connected with road
traffic:
a) its share in the cost of the national highways;
b) contributions to the cost of building main highways belonging
to a network to be determined by the Federal Council in
collaboration with the Cantons and conforming to specific
technical standards;
c) contributions to the cost of removing level crossings or of
making them safe, to the promotion of combined traffic, of the
transport of accompanied motor vehicles, and of the building of
station parking facilities as well as other measures aimed at
separating traffic;
d) contributions to measures for the protection of the environment
and the landscape made necessary by motorized road traffic and to
structures for protection against the forces of nature along roads
open to motorized traffic;
e) general contributions to the cost of roads open to motor
vehicles and to financial equalization in highway matters;
f) contributions to Cantons with Alpine roads serving
international traffic and to Cantons without national highways.
(2) To the extent that the revenue from the basic tax earmarked
for the purpose is not sufficient to cover the tasks listed in
Paragraph (1) the Confederation shall levy a supplementary tax.
Article 37 [Roads and Bridges]
(1) The Confederation shall exercise high supervision over roads
and bridges in the upkeep of which it is interested.
(2) No duties may be collected for the use of roads the purpose of
which is to be open to the public. The Federal Assembly may
authorize exceptions in special cases.
Article 37bis [Vehicle
Regulations]
(1) The Confederation is entitled to enact regulations concerning
automobiles and bicycles.
(2) The Cantons retain the right to limit or prohibit the
circulation of automobiles or bicycles. The Confederation may,
however, declare certain roads which are necessary for general
transit traffic totally or partially open. The use of the roads
for the service of the Confederation remains reserved.
Article 37ter [Aerial Regulations]
Legislation on aerial navigation is a federal concern.
Article 37quater [Footpath
Networks]
(1) The Confederation shall lay down principles governing footpath
networks.
(2) The construction and maintenance of footpath networks shall be
a cantonal matter. The Confederation can support and co-ordinate
their activities.
(3) In the performance of its tasks the Confederation shall have
regard to footpath networks and replace paths which it has to
destroy.
(4) The Confederation and the Cantons shall collaborate with
private organizations.
Article 38 [Coinage, Monetary
System]
(1) The Confederation is entitled to exercise all rights
pertaining to the state monopoly of coinage.
(2) It alone has the right to coin money.
(3) It shall determine the monetary system and, if necessary,
shall enact regulations on the rate of exchange.
Article 39 [Banknotes, Central
Bank]
(1) The right to issue banknotes and other types of paper money
rests exclusively with the Confederation.
(2) The Confederation may exercise its monopoly of issuing
banknotes by means of a state bank placed under a separate
management or concede its right, subject to a right of repurchase,
to a joint stock central bank managed with the collaboration and
under the supervision of the Confederation.
(3) The main function of the bank enjoying the monopoly of issuing
banknotes shall be to regulate the circulation of money in the
country, to facilitate payment operations and to conduct within
the scope of federal legislation a credit and monetary policy
beneficial to the general interest of Switzerland.
(4) At least two thirds of the net profits of the bank after
deduction of a reasonable interest or of reasonable dividends on
the initial capital or the shares and of statutory payments to the
reserve fund shall accrue to the Cantons.
(5) The bank and its branches shall be exempt from any taxation
the Cantons.
(6) The Confederation may not suspend its obligation to reimburse
banknotes and other paper money nor decree the compulsory
acceptance thereof except in time of war or disturbed monetary
relations.
(7) Banknotes issued must be covered by gold and short-term
securities.
(8) Regulations on the implementation of this article shall be
laid down by federal legislation.
Article 40 [Weights and Measures]
(1) The determination of weights and measures is a federal
concern.
(2) The Cantons shall implement the legislation concerning this
subject under the supervision of the Confederation.
Article 41 [Arms]
(1) Manufacture and sale of gunpowder are the exclusive concern of
the Confederation.
(2) Manufacture, purchase and distribution of arms, ammunition,
explosives, and other kinds of war materials and components
thereof are subject to an authorization to be granted by the
Confederation. Such authorizations shall only be granted to
persons who and enterprises which present the necessary guarantees
in the light of the national interest. The rights of state-owned
enterprises of the Confederation remain reserved.
(3) The import and export of arms, ammunition, and war materials
as understood in the present provisions may take place only with
the authorization of the Confederation. The Confederation is also
entitled to make transit dependent on its authorization.
(4) Subject to federal legislation, the Federal Council shall
enact the necessary regulations for the implementation of
Paragraphs (2) and (3) by means of an ordinance. In particular, it
shall lay down detailed regulations concerning the granting,
duration and recalling of concessions. Furthermore, it shall
specify the arms, ammunition, explosives, other materials and
components thereof to which the present provision shall apply.
Article 41bis [Taxes]
(1) The Confederation is entitled to levy the following taxes:
a) stamp duties on securities, including coupons, bills of
exchange and similar documents, on insurance premium receipts and
other documents relating to trading operations; this right to levy
taxes does not extend to documents concerning transactions in the
field of real estate and mortgages;
b) an anticipatory tax on income from movable capital, on lottery
prizes, and insurance payments;
c) taxes on raw tobacco and manufactured tobacco, and on other
materials and on products manufactured from these other materials
which are used in the same way as raw tobacco and manufactured
tobacco;
d) special taxes affecting persons resident abroad to counteract
fiscal measures by foreign states.
(2) Any object which according to legislation is subject to a
federal tax under Paragraph (1)(a), (b) and (c), or exempt from
such taxes shall remain free from any taxation on similar grounds
by the Cantons or Communes.
(3) Federal legislation shall provide for the implementation of
this article.
Article 41ter [Additional Taxes]
(1) In addition to the taxes it is entitled to levy under Article
41bis, the Confederation can levy:
a) a turnover tax;
b) special consumer taxes on the turnover and importation of goods
of the type designated in Paragraph (4);
c) a direct federal tax.
The power to levy the taxes mentioned under a) and c) shall expire
at the end of 1994.
(2) Turnover on which the Confederation levies taxes or which it
declares exempt from taxation according to Paragraph (1)(a) and
(b) shall not be subject to the same kind of taxation by the
Cantons and Communes.
(3) The turnover tax referred to in Paragraph (1)(a) can apply to
transactions in goods, to the import of goods, and to professional
work on movable property, buildings, and land with the exception
of cultivation of the soil for agricultural purposes. The law
shall stipulate which goods are exempt or are to be taxed at a
lower rate. The tax shall not exceed 6.2 per cent of the value of
retail goods and 9.3 per cent of the value of wholesale goods.
(4) The special consumer taxes according to Paragraph (1)(b) shall
apply to:
a) petroleum and natural gas, and products refined from them, as
well as motor fuel derived from other materials. Article 6ter
similarly applies to proceeds from taxes on motor fuel;
b) beer. The total tax rate to which beer is subject, consisting
of the beer tax, supplementary customs duty on raw materials for
brewing and on beer, and turnover tax, shall remain, in proportion
to the price of beer, at the level of 3lst December 1970.
(5) The direct federal tax, according to Paragraph (1)(c), shall
be established according to the following rules:
a) the tax is applicable to both the incomes of individuals and
the net profits, capital, and reserves of corporate bodies.
Corporate bodies, whatever their legal form, shall be rated,
according to their economic capacity, in as equitable a way as
possible;
b) the tax is levied by the Cantons on behalf of the
Confederation. Three tenths of the gross tax yield shall be
assigned to the Cantons; at least one sixth of the total
apportioned to the Cantons must be used for financial equalization
among Cantons;
c) in fixing tariffs, due account shall be taken of the burden
imposed by direct, cantonal, and communal taxes. The tax shall not
exceed:
- 9.5 per cent of the income of individuals; liability shall begin
at the earliest when net income reaches 9,000 francs or, in the
case of married Persons, 11,000 francs,
- 9.8 per cent of net profits of corporate bodies,
- 0.825 per cent of the capital and reserves of corporate bodies.
The effect of fiscal drag on the tax on individuals' income shall
be adjusted periodically.
(6) Federal legislation shall govern the implementation of this
article.
Article 42 [Federal Resources]
In order to cover its expenses, the Confederation shall have the
following resources:
a) the income from federal property;
b) the net revenue from posts and from the monopoly of gunpowder
(Article 41);
c) the net receipts from the privilege tax on exemption from
military service (Article 18 (4));
d) the receipts from customs duties (Article 30);
e) the Confederation's share of the net receipts from taxes on
distilled spirits (Article 32bis and 34quater (7)) as well as of
the gross receipt from gambling (Article 35 (5));
f) the Confederation's share of the net profits of the bank
entrusted with the monopoly of issuing bank-notes (Article 39
(4));
g) the receipts from federal taxes (Article 41bis and following);
h) the receipts from fees and other revenues provided by law.
Article 42bis [Debt]
The Confederation shall reduce the federal debt. In so doing it
shall have due regard to the economic situation.
Article 42ter [Cantonal
Equalization]
The Confederation shall encourage financial equalization among the
Cantons. In particular, appropriate consideration shall be given
to the financial resources of the Cantons and to the situation of
mountainous regions whenever federal subsidies are granted.
Article 42quater [Tax Advantage
Regulation]
The Confederation is entitled to enact regulations, by means of
legislation, against arrangements with tax-payers granting
unjustified tax advantages.
Article 42quinquies [Tax
Administration]
(1) The Confederation, in cooperation with the Cantons, shall
ensure the harmonization of direct taxes levied by the
Confederation, the Cantons and the Communes.
(2) To this end it shall promulgate, by means of federal
legislation, principles for cantonal and communal legislation on
tax liability, on objects liable to tax, on taxation periods, and
on procedural and penal law governing taxation matters and shall
supervise compliance. The Cantons shall remain responsible, in
particular, for fixing tax scales, tax rates and tax-free amounts.
(3) In legislating on the principles for direct cantonal and
communal taxes and in legislating for direct federal taxes, the
Confederation shall take account of the efforts of the Cantons to
achieve fiscal harmonization. The Cantons shall be granted an
adequate period to adjust their fiscal legislation.
(4) The Cantons shall cooperate in the drafting of the federal
legislation.
Article 43 [Citizenship, Right to
Vote]
(1) Every citizen of a Canton is a Swiss citizen.
(2) In this capacity, he may take part in all federal elections
and votes at his domicile after having duly proved his right to
vote.
(3) No one may exercise political rights in more than one Canton.
(4) The established Swiss citizen shall enjoy at his domicile all
the rights of the citizens of that Canton and, with these, all the
rights of the citizens of that Commune. However, sharing in
property belonging in common to local citizens or to corporations
and the right to vote in matters exclusively regarding local
citizens are excepted unless cantonal legislation should provide
otherwise.
Article 44 [Acquisition of
Citizenship]
(1) The Confederation shall regulate the acquisition and loss of
citizenship through descent, marriage and adoption and the loss of
Swiss nationality and its restoration.
(2) Swiss nationality can also be acquired through naturalization
in a Canton and a Commune. Naturalization is carried out by the
Cantons after the Confederation has granted permission for
naturalization. The Confederation shall issue minimal regulations.
(3) Anyone who is naturalized shall have the rights and duties a
citizen of a Canton and a Commune. Insofar as the cantonal law
provides for this he shall share in the property belonging in
common to local citizens and corporations.
Article 45 [Settlement,
Extradition]
Every Swiss citizen can settle in any place in the country. A
Swiss may not be expelled from Switzerland.
Article 45bis [Swiss Living
Abroad]
(1) The Confederation is entitled to further the relations of
Swiss living abroad among themselves and with the fatherland and
to assist institutions set up to that effect.
(2) It may, taking account of the special situation of the Swiss
living abroad, enact regulations determining their rights and
duties, in particular with respect to the exercise of political
rights, the carrying out of military obligations and to
assistance. The Cantons shall be consulted beforehand.
Article 46 [Subjection to
Jurisdiction]
(1) In matters of civil law, established persons shall, as a rule,
be subject to the jurisdiction and legislation of their domicile.
(2) Federal legislation shall enact the provisions required to
implement this principle and to prevent double taxation.
Article 47 [Resident Swiss
Citizens]
A federal law shall specify the difference between establishment
and residence and at the same time lay down provisions regulating
the political and civil rights of resident Swiss citizens.
Article 48 [Assistance for Needy
Persons]
(1) Needy persons shall be assisted by the Canton in which they
are living. The cost of this assistance shall be borne by their
canton of domicile.
(2) The Confederation can order that recourse be had to a previous
canton of domicile or the canton of origin.
Article 49 [Freedom of Religion
and Belief]
(1) Freedom of creed and conscience is inviolable.
(2) No one may be forced to participate in a religious
association, to attend religious teaching or to perform a
religious act, nor be subjected to penalties of any sort because
of his religious beliefs.
(3) The holder of the paternal or tutelary authority shall
determine the religious education of children in conformity with
the foregoing principles until they have completed their 16th
year.
(4) The exercise of civil or political rights may not be
restricted by any prescription or condition of an ecclesiastical
or religious nature.
(5) Religious beliefs do not exempt anyone from carrying out civic
duties.
(6) No one shall be bound to pay taxes the proceeds of which are
specifically appropriated to cover the cost of worship within a
religious community to which he does not belong. The detailed
implementation of this principle shall be a matter for federal
legislation.
Article 50 [Right to Worship]
(1) The free exercise of acts of worship is guaranteed within the
limits set by public order and morality.
(2) The Cantons and the Confederation may take appropriate
measures for the preservation of public order and of peace among
the members of the different religious communities, as well as
against encroachment by religious authorities on the rights of
citizens and the state.
(3) Disputes of public or private law which may arise out of the
creation of new religious communities or out of the splitting up
of existing communities may be brought before the competent
federal authorities by lodging a complaint.
(4) The establishment of bishoprics on Swiss territoy is subject
to the authorization of the Confederation.
Article 51 {...}
Article 52 {...}
Article 53 [Registration, Burial]
(1) The determination and registration of civil status rests with
the civil authorities. Federal legislation shall lay down further
provisions on this subject.
(2) The disposal of burial grounds is a concern of the civil
authorities. They shall make sure that every deceased person can
have a decent burial.
Article 54 [Right to Marry]
(1) The right to marry is placed under the protection of the
Confederation.
(2) This right may not be limited for religious or economic
reasons nor on account of previous conduct or of other police
considerations.
(3) A marriage which has been celebrated in a Canton or abroad
according to the local legislation shall be recognized as valid
within the whole territory of the Confederation.
(5) Children born before marriage shall be legitimized by the
subsequent marriage of their parents.
(6) No bride-admission fee or any other similar tax may be levied.
Article 55 [Freedom of the Press]
(1) The freedom of the press is guaranteed.
(2) {...}
(3) {...}
Article 55bis [Radio and
Television]
(1) Legislation concerning radio and television and other forms of
public diffusion of features and information by telecommunication
techniques is a matter for the Confederation.
(2) Radio and television shall contribute to the cultural
development and entertainment of the listeners and viewers and to
the free formation of opinion. They shall take into account the
peculiarities of the country and the needs of the Cantons. They
shall present events factually and give impartial expression to
multiplicity of views.
(3) The independence of radio and television and autonomy in the
creation of programs are guaranteed within the limits laid down in
Paragraph (2).
(4) Account is to be taken of the position and functions of other
communications media, especially the press.
(5) The Confederation shall create an independent authority to
examine complaints.
Article 56 [Freedom of
Association]
(1) Citizens have the right to form associations provided that
neither the purpose of such associations nor the means used to
carry it out are illegal or dangerous to the state. Cantonal laws
shall lay down the measures required to repress the misuse of this
right.
(2) {...}
(3) {...}
Article 57 [Right of Petition]
The right of petition is guaranteed.
Article 58 [Constitutional Judge,
Ecclesiastical Jurisdiction]
(1) No one may be deprived of his constitutional judge; therefore
no extraordinary courts of law may be set up.
(2) Ecclesiastical jurisdiction is abolished.
Article 59 [Personal Jurisdiction]
(1) The solvent debtor having a domicile in Switzerland must be
sued, for personal debts, before the judge of his domicile;
therefore, his property may not be seized or attached for personal
claims outside the Canton in which he has his domicile.
(2) In the case of aliens, the pertinent provisions of
international treaties remain reserved.
(3) Imprisonment for debts is abolished.
Article 60 [Intercantonal
Equality]
All Cantons are bound to afford all Swiss citizens the same
treatment as their own citizens in the fields of legislation and
of judicial proceedings.
Article
61 [Intercantonal Enforceability of Judgments]
Final judgments rendered in civil law cases in all Cantons shall
be enforceable in the whole of Switzerland.
Article 62 [Transfer Taxes,
Cantonal Preemption Rights]
All transfer taxes on the moving of property inside Switzerland
and all preemption rights of citizens of one Canton against
citizens of other Cantons are abolished.
Article 63 [Free Transfer of
Property]
With respect to foreign states, free transfer of personal
belongings shall be granted, provided reciprocity exists.
Article 64 [Federal Civil
Legislation]
(1) The Confederation is entitled to legislate
- on civil capacity,
- on all legal matters relating to commerce and movable property
transactions (law of contracts and tort including commercial law
and law of bills of exchange),
- on copyrights in literature and arts,
- on protection of inventions suitable for industrial use,
including designs and models,
- on suits for debts and bankruptcy.
(2) The Confederation is also entitled to legislate in the other
fields of civil law.
(3) The organization of the courts, procedure, and jurisdiction
shall remain a matter for the Cantons as before.
Article 64bis [Federal Criminal
Legislation]
(1) The Confederation is entitled to legislate in the field of
criminal law.
(2) The organization of the courts, procedure, and jurisdiction
shall remain a matter for the Cantons as before.
(3) The Confederation is entitled to grant subsidies to the
Cantons for the construction of penitentiaries, workhouses and
reformatories and for penal reforms. It is also entitled to assist
institutions for the protection of neglected children.
Article 64ter [Victim Protection]
The Confederation and the Cantons shall ensure that the victims of
criminal acts against life and the person receive assistance. This
shall include appropriate compensation if, in consequence of the
criminal act, the victims get into financial difficulties.
Article 65 [Capital Punishment]
(1) No death sentence may be passed for political crimes.
(2) Corporal punishments are prohibited.
Article 66 [Deprivation of
Political Rights]
Federal legislation shall fix the limits within which a Swiss
citizen can be deprived of his political rights.
Article 67 [Extradition]
Federal legislation shall lay down the necessary provisions
concerning the extradition of the accused from one Canton to
another; however, extradition may not be made compulsory for
Political and press offences.
Article 68 [Statelessness]
Measures to secure citizenship for stateless persons and to
prevent new cases of statelessness shall be a matter for federal
legislation.
Article 69 [Contagious Diseases]
The Confederation is entitled to enact legislation in order to
combat contagious, widespread and particularly dangerous diseases
of man and animals.
Article 69bis [Consumer
Protection]
(1) The Confederation is entitled to legislate:
a) on trade in foodstuffs;
b) on trade in other consumer goods insofar as they may endanger
life or health.
(2) The Cantons shall implement these provisions.
(3) Control of imports at the national frontiers shall be
exercised by the Confederation.
Article 69ter [Immigration,
Asylum]
(1) The Confederation is entitled to legislate on immigration,
emigration, residence and establishment of aliens.
(2) The Cantons shall decide on residence and settlement in
accordance with federal legislation. The Confederation is,
however, entitled to give final decisions on:
a) cantonal authorizations for protracted residence and settlement
as well as exceptions made in cases of hardship;
b) violations of treaties concerning establishment;
c) cantonal expulsion orders valid for the whole territory of the
Confederation;
d) refusal to grant asylum.
Article 70 [Expulsion]
The Confederation has the right to expel from its territory aliens
who endanger the internal or external security of Switzerland.
Chapter II Federal Authorities
Part I Federal Assembly
[Subsection 0 General Provisions]
Article 71 [Federal Assembly]
Subject to the rights of the people and the Cantons (Articles 89
and 121; at the present time: Articles 89, 89bis, 120, 121, 121bis
and 123) the supreme power of the Confederation shall be exercised
by the Federal Assembly which consists of two sections or
councils, to wit:
A. the National Council;
B. the Council of States.
Subsection A National Council
Article 72 [National Council
Membership]
(1) The National Council shall be composed of 200 representatives
of the Swiss people.
(2) The seats shall be distributed among the Cantons and Half-
Cantons in proportion to their resident population, each Canton
and Half-Canton being entitled to one seat at least.
(3) A federal law shall lay down detailed provisions.
Article 73 [National Council
Elections]
(1) The elections to the National Council shall be direct. They
shall take place according to a system of proportional
representation, each Canton or Half-Canton forming one electoral
district.
(2) Federal legislation shall lay down detailed provisions for the
implementation of this principle.
Article 74 [National Council
Electorate]
(1) Swiss men and women shall have the
same rights and the same duties in matters of federal elections
and other federal polls.
(2) Each Swiss man and each Swiss woman who has completed his or
her 18th year and who has not been deprived of his or her
political rights by the legislation of the Confederation or of the
Canton where he or she is resident has the right to participate in
such elections and other polls.
(3) The Confederation can decree uniform legal provisions on the
right to participate in elections and other polls on federal
matters.
(4) The right at cantonal level shall remain the affair of
cantonal and communal voting and elections.
Article 75 [National Council
Eligibility]
Every lay Swiss citizen entitled to vote is eligible for
membership of the National Council.
Article 76 [National Council
Election Period]
The National Council shall be elected every four years and each
time the whole Council is subject to election.
Article 77 [National Council
Incompatibilities]
Members of the Council of States and of the Federal Council and
officials appointed by the latter may not at the same time be
members of the National Council.
Article 78 [National Council
Presidency]
(1) The National Council shall elect from among its members a
president and a vice-president for each ordinary and extraordinary
session
(2) The member who has been president during an ordinary session
is not eligible to be president or vice-president for the
following ordinary session. The same member may not be
vice-president during two successive ordinary sessions.
(3) When the votes are equal the president shall have the casting
vote; at elections he shall have the same voting rights as every
other member.
Article 79 [National Council
Allowances]
Members of the National Council shall be paid an allowance by the
federal treasury.
Subsection B Council of States
Article 80 [Council of States
Membership]
The Council of States shall consist of 46 representatives of the
Cantons. Each Canton shall elect two representatives; in the
halved Cantons, each Half-Canton shall elect one representative.
Article 81 [Council of States
Incompatibilities]
Members of the National Council and of the Federal Council may not
at the same time be members of the Council of States.
Article 82 [Council of States
Presidency]
(1) The Council of States shall elect from among its members a
president and a vice-president for each ordinary and extraordinary
session.
(2) Neither the president nor the vice-president may be elected
from among the representatives of the Canton from which the
president of the immediately preceding ordinary session has
chosen.
(3) Representatives of the same Canton may not hold office as
vice-presidents for two successive ordinary sessions.
(4) When the votes are equally divided, the president shall
decide; in elections, he shall vote like any other member.
Article 83 [Council of States
Allowances]
Members of the Council of States shall be paid an allowance by the
Cantons.
Subsection C Powers of the Federal Assembly
Article 84 [Federal Assembly
Authority]
The National Council and the Council of States shall deal with all
matters which, according to this Constitution, fall within the
competence of the Confederation and have not been attributed to
another federal authority.
Article 85 [Federal Assembly
Competences]
The matters within the competence of the two Councils are in
particular the following:
(1) Laws on the organization and the mode of election of the
federal authorities.
(2) Laws and decrees on matters which the Constitution places
within the competence of the Confederation.
(3) Salaries and allowances of the members of the federal
authorities and the Federal Chancery; setting up of permanent
federal offices and determination of the corresponding salaries.
(4) Election of the Federal Council, the Federal Court, the
Chancellor and the General of the federal army. Federal
legislation may entrust to the Federal Assembly the right to make
or to confirm other appointments.
(5) Alliances and treaties with foreign states as well as approval
of treaties of Cantons among themselves or with foreign states.
However, such treaties of the Cantons shall only be submitted to
the Federal Assembly if the Federal Council or another Canton
raises an objection to them.
(6) Measures for the external security as well as for the
preservation of the independence and neutrality of Switzerland,
declaration of war and conclusion of peace.
(7) Guarantee of the constitutions and the territory of the
Cantons; interventions pursuant to this guarantee; measures for
internal security and the preservation of peace and order; amnesty
and pardon.
(8) Measures aimed at the implementation of the Federal
Constitution, the guaranteeing of the cantonal constitutions and
the carrying out of federal obligations.
(9) The right to dispose over the federal army.
(10) The drawing up of the annual budget and approval of the
State's accounts as well as decrees on the floating of loans.
(11) General supervision of federal administration and justice.
(12) Complaints against decisions of the Federal Council
concerning administrative disputes (Article 113).
(13) Conflicts of competence between federal authorities.
(14) Revision of the Federal Constitution.
Article 86 [Federal Assembly
Sessions]
(1) Both Councils shall meet once a year for an ordinary session
on a day to be determined by their rules of procedure.
(2) They shall be convened for an extraordinary session by
decision of the Federal Council or on request from one quarter of
the members of the National Council or from five Cantons.
Article 87 [Federal Assembly
Competency]
In order that a Council may deliberate validly, the absolute
majority of its members must be present.
Article 88 [Federal Assembly
Majority Rule]
In the National Council and the Council of States decisions are
taken by the absolute majority of the members casting a vote.
Article 89 [Federal Assembly
Legislation]
(1) Federal laws and federal decrees must be approved by both
Councils.
(2) Federal laws and generally binding federal decrees must be
submitted to the people for approval or rejection if 50,000 Swiss
citizens entitled to vote or eight Cantons so demand.
(3) Paragraph (2) shall be applicable also to international
treaties which:
a) are of unspecified duration and cannot be denounced;
b) provide for adherence to an international organization;
c) entail a multilateral unification of the law.
(4) By a decision of both Houses Paragraph (2) shall be applicable
to other treaties.
(5) Adherence to collective security organizations or to
supranational bodies shall be submitted to the vote of the people
and the Cantons.
Article 89bis [Federal Assembly
Decrees]
(1) Generally binding federal decrees whose entry into force ought
not to be delayed may be put into effect immediately by a majority
of all members of each of the two Councils; the period of validity
is to be limited.
(2) If 50,000 Swiss citizens entitled to vote or eight Cantons
request a popular vote, the decrees put immediately into effect
shall lose their validity one year after their adoption by the
Federal Assembly if they have not been approved by the people
during that period; in that case, they may not be renewed.
(3) Decrees put immediately into effect which have no
constitutional basis must be approved by the people and the
Cantons within one year after their adoption by the Federal
Assembly; failing this, they shall lose their validity after the
lapse or this year and may not be renewed.
Article 90 [Federal Assembly
Legislation Formalities]
Federal legislation shall lay down the necessary rules concerning
the formalities and time-limits for popular votes.
Article 91 [Federal Assembly
Voting Procedure]
Members of both Councils shall vote without instructions.
Article 92 |
