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every person has access to social security;
State support for children , State support for the elderly , State support for the disabled , State support for the unemployed
Title Three. Confederation, Cantons and Communes
Chapter 1. Relations between the Confederation and the Cantons
Section 1. Duties of the Confederation and the Cantons
Art 42. Duties of the Confederation
- The Confederation shall fulfil the duties that are assigned to it by Federal Constitution.
- [Repealed by the popular vote on 28 Nov. 2004, with effect from 1 Jan. 2008]
Art 43. Duties of the Cantons
The Cantons decide on the duties that they must fulfil within the scope of their powers.
Art 43a. Principles for the allocation and fulfilment of state tasks
- The Confederation only undertakes tasks that the Cantons are unable to perform or which require uniform regulation by the Confederation.
- The collective body that benefits from a public service bears the costs thereof.
- The collective body that bears the costs of a public service may decide on the nature of that service.
- Universally provided services must made be available to every person in a comparable manner.
- State tasks must be fulfilled economically and in accordance with demand.
Section 2. Cooperation between the Confederation and the Cantons
Art 44. Principles
- The Confederation and the Cantons shall support each other in the fulfilment of their duties and shall generally cooperate with each other.
- They owe each other a duty of consideration and support. They shall provide each other with administrative assistance and mutual judicial assistance.
- Disputes between Cantons or between Cantons and the Confederation shall wherever possible be resolved by negotiation or mediation.
Art 45. Participation in federal decision-making
- In the cases specified by the Federal Constitution, the Cantons shall participate in the federal decision making process, and in particular in the legislative process.
- The Confederation shall inform the Cantons of its intentions fully and in good time. It shall consult the Cantons where their interests are affected.
Art 46. Implementation of federal law
- The Cantons shall implement federal law in accordance with the Federal Constitution and federal legislation.
- The Confederation and the Cantons may together agree that the Cantons should achieve specific goals in the implementation of federal law and may to this end conduct programmes that receive financial support from the Confederation.
- The Confederation shall allow the Cantons all possible discretion to organise their own affairs and shall take account of cantonal particularities.
Art 47. Autonomy of the Cantons
- The Confederation shall respect the autonomy of the Cantons.
- It shall leave the Cantons sufficient tasks of their own and respect their organisational autonomy. It shall leave the Cantons with sufficient sources of finance and contribute towards ensuring that they have the financial resources required to fulfil their tasks.
Art 48. Intercantonal agreements
- The Cantons may enter into agreements with each other and establish common organisations and institutions. In particular, they may jointly undertake tasks of regional importance together.
- The Confederation may participate in such organisations or institutions within the scope of its powers.
- Agreements between Cantons must not be contrary to the law, to the interests of the Confederation or to the rights of other Cantons. The Confederation must be notified of such agreements.
- The Cantons may by intercantonal agreement authorise intercantonal bodies to issue legislative provisions that implement an intercantonal agreement, provided the agreement:
- has been approved under the same procedure that applies to other legislation;
- determines the basic content of the provisions.
Art 48a. Declaration of general application and requirement of participation
- At the request of interested Cantons, the Confederation may declare intercantonal agreements to be generally binding or require Cantons to participate in intercantonal agreements in the following fields:
- the execution of criminal penalties and measures;
- school education in the matters specified in Article 62 paragraph 4;
- cantonal institutions of higher education;
- cultural institutions of supra-regional importance;
- waste management;
- waste water treatment;
- urban transport;
Art 49. Precedence of and compliance with federal law
National vs subnational lawsSection 3. Communes
Art 50
- The autonomy of the communes is guaranteed in accordance with cantonal law.
- The Confederation shall take account in its activities of the possible consequences for the communes.
- In doing so, it shall take account of the special position of the cities and urban areas as well as the mountain regions.
Section 4. Federal Guarantees
Subsidiary unit governmentArt 51. Cantonal constitutions
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Each Canton shall adopt a democratic constitution. This requires the approval of the People and must be capable of being revised if the majority of those eligible to vote so request.
Art 52. Constitutional order
- The Confederation shall protect the constitutional order of the Cantons.
- It shall intervene when public order in a Canton is disrupted or under threat and the Canton in question is not able to maintain order alone or with the aid of other Cantons.
Art 53. Number and territory of the Cantons
- The Confederation shall protect the existence and territory of the Cantons.
- Any change in the number of Cantons requires the consent of the citizens and the Cantons concerned together with the consent of the People and the Cantons.
- Any change in territory between Cantons requires the consent both of the Cantons concerned and of their citizens as well as the approval of the Federal Assembly in the form of a Federal Decree.
- Inter-cantonal boundary adjustments may be made by agreement between the Cantons concerned.
Chapter 2. Powers
Section 1. Relations with Foreign States
Art 54. Foreign relations
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Foreign relations are the responsibility of the Confederation.
Art 55. Participation of the Cantons in foreign policy decisions
- The Cantons shall be consulted on foreign policy decisions that affect their powers or their essential interests.
- The Confederation shall inform the Cantons fully and in good time and shall consult with them.
- The views of the Cantons are of particular importance if their powers are affected. In such cases, the Cantons shall participate in international negotiations in an appropriate manner.
Art 56. Relations between the Cantons and foreign states
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A Canton may conclude treaties with foreign states on matters that lie within the scope of its powers.
Section 2. Security, National Defence, Civil Defence
Art 57. Security
- The Confederation and the Cantons shall within the scope of their powers ensure the security of the country and the protection of the population.
- They shall coordinate their efforts in the area of internal security.
Art 58. Armed forces
- Switzerland shall have armed forces. In principle, the armed forces shall be organised as a militia.
- The armed forces serve to prevent war and to maintain peace; they defend the country and its population. They shall support the civilian authorities in safeguarding the country against serious threats to internal security and in dealing with exceptional situations. Further duties may be provided for by law.
- The deployment of the armed forces is the responsibility of the Confederation.
Art 59. Military service and alternative service
Right to conscientious objectionArt 60. Armed forces organisation, training and equipment
- Armed forces legislation, together with the organisation, training and equipment of the armed forces, is the responsibility of the Confederation.
- [Repealed by the popular vote on 28 Nov 2004, with effect from 1 Jan. 2008]
- The Confederation may, in return for appropriate compensation, take over the running of cantonal military installations
Art 61. Civil defence
- The legislation on the civil defence of persons and property against the effects of armed conflicts is the responsibility of the Confederation.
- The Confederation shall legislate on the deployment of civil defence units in the event of disasters and emergencies.
- It may declare civil defence service to be compulsory for men. For women, such service is voluntary.
- The Confederation shall legislate on fair compensation for loss of income.
- Persons who suffer damage to their health or lose their lives while doing civil defence service are entitled to appropriate support from the Confederation, whether for themselves or for their next of kin.
Section 3. Education, Research and Culture
Art 61a. Swiss Education Area
- The Confederation and the Cantons shall, within the scope of their powers, jointly ensure the high quality and accessibility of the Swiss Education Area.
- They shall coordinate their efforts and ensure their cooperation through joint administrative bodies and other measures.
- They shall ensure in the fulfilment of their duties that general and vocational courses of study achieve equal recognition in society.
Art 62. School education
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The Cantons are responsible for the system of school education.
Art 63. Vocational and professional education and training
- The Confederation shall issue regulations on vocational and professional education and training.
- It shall encourage the provision of a diverse and accessible range of courses in vocational and professional education and training.
Art 63a. Higher education institutions
- The Confederation shall manage the Federal Institutes of Technology. It may establish, take over or manage additional universities and other higher education institutions.
- It shall support the cantonal universities and may make financial contributions to other higher education institutions that it recognises.
- The Confederation and the Cantons are jointly responsible for the coordination and guarantee of quality in Swiss higher education. In fulfilling this responsibility, they shall take account of the autonomy of the universities and the various bodies responsible for them and ensure the equal treatment of institutions with the same functions.
- In order to fulfil their duties, the Confederation and the Cantons shall enter into agreements and delegate certain powers to joint administrative authorities. The law shall regulate the powers that may be delegated, and determine the principles governing the organisation of and procedures for coordination.
- If the Confederation and the Cantons fail to reach their common goals by means of coordination, the Confederation shall issue regulations on levels of studies and the transition from one level to another, on postgraduate education and on the recognition of institutions and qualifications. In addition, the Confederation may impose standard funding principles for subsidising of universities, and may make subsidies contingent on universities sharing particularly cost-intensive activities.
Art 64. Research
Reference to scienceArt 64a. Continuing education and training
- The Confederation shall specify principles governing continuing education and training.
- It may promote continuing education and training.
- The law shall specify the fields of and the criteria for such promotion.
Art 65. Statistics
- The Confederation shall compile the necessary statistical data on the status and trends in the population, the economy, society, education, research, the land and the environment in Switzerland.
- It may issue regulations on the harmonisation and maintenance of official registers in order to reduce the cost of compiling data.
Art 66. Education grants
- The Confederation may contribute to cantonal expenditure on grants provided to students at universities and higher education institutions. It may encourage the intercantonal harmonisation of education grants and lay down principles for the payment of education grants.
- It may also supplement cantonal measures while preserving cantonal autonomy in education matters by taking its own measures to promote education.
Art 67. Encouragement of children and young people
- In fulfilling their duties, the Confederation and Cantons shall take account of the special need of children and young people to receive encouragement and protection.
- The Confederation may supplement cantonal measures by supporting extracurricular work with children and young people.
Art 67a. Musical education
- The Confederation and Cantons shall encourage musical education, in particular that of children and young people.
- They shall endeavour within the scope of their powers to ensure high-quality music teaching in schools. If the Cantons are unable to harmonise the goals of music teaching in schools by means of coordination, the Confederation shall issue the required regulations.
- In consultation with the Cantons, the Confederation shall set out principles to help young people to engage in musical activities and to encourage musically gifted persons.
Art 68. Sport
- The Confederation shall encourage sport, and in particular education in sport.
- It shall operate a sports school.
- It may issue regulations on sport for young people and declare the teaching of sport in schools to be compulsory.
Art 69. Culture
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Cultural matters are a cantonal responsibility.
Art 70. Languages
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The official languages of the Confederation are German, French and Italian. Romansh is also an official language of the Confederation when communicating with persons who speak Romansh.
Art 71. Cinema
- The Confederation may encourage Swiss film production and film culture.
- It may issue regulations to promote the diversity and the quality of the cinematographic works that are offered.
Art 72. Church and state
Subsidiary unit government , Official religionSection 4. Environment and Spatial Planning
Protection of environmentArt 73. Sustainable development
The Confederation and the Cantons shall endeavour to achieve a balanced and sustainable relationship between nature and its capacity to renew itself and the demands placed on it by the population.
Protection of environmentArt 74. Protection of the environment
- The Confederation shall legislate on the protection of the population and its natural environment against damage or nuisance.
- It shall ensure that such damage or nuisance is avoided. The costs of avoiding or eliminating such damage or nuisance are borne by those responsible for causing it.
- The Cantons are responsible for the implementation of the relevant federal regulations, except where the law reserves this duty for the Confederation.
Art 75. Spatial planning
- The Confederation shall lay down principles on spatial planning. These principles are binding on the Cantons and serve to ensure the appropriate and economic use of the land and its properly ordered settlement.
- The Confederation shall encourage and coordinate the efforts of the Cantons and shall cooperate with them.
- Confederation and Cantons shall take account of the requirements of spatial planning in fulfilling their duties.
Art 75a. National Land Survey
- The National Land Survey is the responsibility of the Confederation.
- The Confederation shall issue regulations on official surveying.
- It may issue regulations on the harmonisation of official information relating to the land.
Art 75b. Second homes
- No more than 20 per cent of the total stock of residential units and the gross residential floor area in any commune may be used as second homes.
- The law shall require communes to publish their first home percentage plan and a detailed report on its implementation every year.
Art 76. Water
- The Confederation shall within the scope of its powers ensure the economic use and the protection of water resources and provide protection against the harmful effects of water.
- It shall lay down principles on the conservation and exploitation of water resources, the use of water for the production of energy and for cooling purposes, as well as on other measures affecting the water-cycle.
- It shall legislate on water protection, on ensuring appropriate residual flow, on hydraulic engineering and the safety of dams, and on measures that influence precipitation.
- The Cantons shall manage their water resources. They may levy charges for the use of water, subject to the limits imposed by federal legislation. The Confederation has the right to use water for its transport operations subject to payment of a charge and compensation.
- The Confederation, in consultation with the Cantons concerned, shall decide on rights to international water resources and the charges for them. If Cantons are unable to agree on rights to intercantonal water resources, the Confederation shall decide.
- The Confederation shall take account of the concerns of the Cantons where the water originates in fulfilling its duties.
Art 77. Forests
- The Confederation shall ensure that the forests are able to fulfil their protective, commercial and public amenity functions.
- It shall lay down principles on the protection of the forests.
- It shall encourage measures for the conservation of the forests.
Art 78. Protection of natural and cultural heritage
- The protection of natural and cultural heritage is the responsibility of the Cantons.
- In the fulfilment of its duties, the Confederation shall take account of concerns for the protection of natural and cultural heritage. It shall protect the countryside and places of architectural, historical, natural or cultural interest; it shall preserve such places intact if required to do so in the public interest.
Art 79. Fishing and hunting
The Confederation shall lay down principles on fishing and hunting and in particular on the preservation of the diversity of fish species, wild mammals and birds.
Protection of environmentArt 80. Protection of animals
- The Confederation shall legislate on the protection of animals.
- It shall in particular regulate:
- the keeping and care of animals;
- experiments on animals and procedures carried out on living animals;
- the use of animals;
- the import of animals and animal products;
- the trade in animals and the transport of animals;
- the slaughter of animals.
Section 5. Public Construction Works and Transport
Art 81. Public Construction Works
The Confederation may in the interests of the country as a whole or a large part of it carry out and operate public construction works, or provide support for such construction works.
Art 82. Road transport
- The Confederation shall legislate on road transport.
- It shall exercise supervisory control over roads of national importance; it may decide which transit roads must remain open to traffic.
- Public roads may be used free of charge. The Federal Assembly may authorise exceptions.
Art 83. National roads
- The Confederation shall ensure the construction of a network of motorways and shall guarantee that they remain useable.
- The Confederation shall construct, operate and maintain the national roads. It bears the costs thereof. It may assign this task wholly or partly to public or private bodies or combined public-private bodies.
- [Repealed by the popular vote on 28 Nov 2004, in force since 1 Jan. 2008]
Art 84. Alpine transit traffic
Protection of environmentArt 85. Heavy vehicle charge
- The Confederation may levy a capacity or mileage-related charge on heavy vehicle traffic where such traffic creates public costs that are not covered by other charges or taxes.
- The net revenue from the charge shall be used to cover the costs incurred in connection with the road traffic.
Art 86. Consumption tax on motor fuels and other traffic taxes
- The Confederation may levy a consumption tax on motor fuels.
- It shall levy a charge for the use of the motorways by motor vehicles and trailers that are not liable to pay the heavy vehicle charge.
- It shall use half of the net proceeds from the consumption tax on all motor fuels, with the exception of aircraft fuels, and the net revenue from the motorways charge for the following tasks and costs in connection with road traffic:
- the construction, maintenance and operation of motorways;
- measures to encourage combined transport and the transport of motor vehicles and drivers;
- measures to improve the transport infrastructure in cities and urban areas;
- contributions towards the cost of main roads;
3bis
It shall use half of the net proceeds from the consumption tax on aircraft fuels for the following tasks and costs in connection with air traffic:
Protection of environmentArt 87. Railways and other modes of transport
The legislation on rail transport, cableways, shipping, aviation and space travel is the responsibility of the Confederation.
Art 88. Footpaths and hiking trails
- The Confederation shall lay down principles with regard to the network of footpaths and hiking trails.
- It may support and coordinate cantonal measures to construct and maintain such networks.
- It shall take account of the network of footpaths and hiking trails in the fulfilment of its duties and shall replace paths and trails that it has to close.
Section 6. Energy and Communications
Protection of environmentArt 89. Energy policy
- Within the scope of their powers, the Confederation and Cantons shall endeavour to ensure a sufficient, diverse, safe, economic and environmentally sustainable energy supply as well as the economic and efficient use of energy.
- The Confederation shall establish principles on the use of local and renewable energy sources and on the economic and efficient use of energy.
- The Confederation shall legislate on the use of energy by installations, vehicles and appliances. It shall encourage the development of energy technologies, in particular in the fields of saving energy and the renewable energy sources.
- The Cantons shall be primarily responsible for measures relating to the use of energy in buildings.
- The Confederation shall take account in its energy policy of the efforts made by the Cantons, the communes and the business community; it shall take account of the conditions in the individual regions of the country and the limitations of what is economically feasible.
Art 90. Nuclear energy
The Confederation is responsible for legislation in the field of nuclear energy.
Art 91. Transport of energy
- The Confederation shall legislate on the transport and the supply of electrical energy.
- The Confederation is responsible for legislation on transmission and distribution systems for the transport of liquid or gaseous fuels.
Art 92. Postal and telecommunications services
- The Confederation is responsible for postal and telecommunications services.
- The Confederation shall ensure the adequate, universal and reasonably priced provision of postal and telecommunications services in all regions of the country. The rates shall be fixed according to standard principles.
Art 93. Radio and television
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The Confederation is responsible for legislation on radio and television as well as on other forms of public broadcasting of features and information.
Section 7. The Economy
Art 94. Principles of the economic system
Right to competitive marketplace Right to competitive marketplaceArt 95. Professional activities in the private sector
- The Confederation may legislate on professional activities in the private sector.
- It shall seek to create a unified Swiss economic area. It shall guarantee that persons with an academic qualification or with a federal or cantonal educational qualification or an educational qualification recognised by a Canton are able to practise their profession throughout Switzerland.
- For the protection of the economy, private property and shareholders and to guarantee sustainable corporate governance, the law shall regulate Swiss companies limited by shares listed on stock exchanges in Switzerland and abroad in accordance with the following principles:
- the general meeting votes on an annual basis on the total amount of all remuneration (money and the value of benefits in kind) given to the board of directors, the executive board und the board of advisors. It elects on an annual basis the president of the board of directors, the individual members of the board of directors and the remuneration committee, and the independent proxy. Pension funds vote in the interests of their insured members and disclose how they have voted. Shareholders may vote remotely online; they may not be represented by a member of management or by a depositary bank;
- the members of management may not be given severance or similar payments, advance payments, bonuses for company purchases and sales, additional contracts as consultants to or employees of other companies in the group. The management of the company may not be delegated to a legal entity;
- the articles of association regulate the amount of credits, loans and pensions payable to members of management, their profit-sharing and equity participation plans and the number of mandates they may accept outside the group, as well as the duration of employment contracts of members of the executive board;
- Persons violating the provisions under letters a-c are liable to a custodial sentence not exceeding three years or to a monetary penalty not exceeding six times their annual remuneration.
Art 96. Competition policy
- The Confederation shall legislate against the damaging effects in economic or social terms of cartels and other restraints on competition.
- It shall take measures
- to prevent abuses in price maintenance by dominant undertakings and private and public law organisations;
- against unfair competition.
Art 97. Consumer protection
- The Confederation shall take measures to protect consumers.
- It shall legislate on the legal remedies available to consumer organisations. These organisations shall have the same rights under the federal legislation on unfair competition as professional and trade associations.
- The Cantons shall provide a conciliation procedure or a simple and rapid court procedure for claims of up to a certain sum. The Federal Council determines this sum.
Art 98. Banks and insurance companies
- The Confederation shall legislate on the banking and stock exchange system; in doing so, it shall take account of the special function and role of the cantonal banks.
- It may legislate on financial services in other fields.
- It shall legislate on private insurance.
Art 99. Monetary policy
- The Confederation is responsible for money and currency; the Confederation has the exclusive right to issue coins and banknotes.
- The Swiss National Bank, as an independent central bank, shall pursue a monetary policy that serves the overall interests of the country; it shall be administered with the cooperation and under the supervision of the Confederation.
- The Swiss National Bank shall create sufficient currency reserves from its revenues; part of these reserves shall be held in gold.
Art 100. Economic policy
- The Confederation shall take measures to achieve balanced economic development, and in particular to prevent and combat unemployment and inflation.
- It shall take account of economic development in individual regions of the country. It shall cooperate with the Cantons and the business community.
- In the field of money and banking, in foreign economic affairs and in the field of public finance, the Confederation may if necessary depart from the principle of economic freedom.
- The Confederation, the Cantons and the communes shall take account of the economic situation in their revenue and expenditure policies.
- To stabilise the economic situation, the Confederation may temporarily levy surcharges or grant rebates on federal taxes and duties. The accumulated funds must be held in reserve; following their release, direct taxes shall be individually refunded, and indirect taxes used to grant rebates or to create jobs.
- The Confederation may oblige businesses to accumulate reserves for the creation of jobs; it shall for this purpose grant tax concessions and may require the Cantons to do the same. Following the release of the reserves, businesses shall be free to decide how the funds are applied within the scope of the uses permitted by law.
Art 101. Foreign economic policy
- The Confederation shall safeguard the interests of the Swiss economy abroad.
- In special cases, it may take measures to protect the domestic economy. In doing so, it may if necessary depart from the principle of economic freedom.
Art 102. National economic supply
- The Confederation shall ensure that the country is supplied with essential goods and services in the event of the threat of politico-military strife or war, or of severe shortages that the economy cannot by itself counteract. It shall take precautionary measures to address these matters.
- In exercising its powers under this Article, it may if necessary depart from the principle of economic freedom.
Art 103. Structural policy
The Confederation may support regions of the country that are under economic threat and promote specific economic sectors and professions, if reasonable self-help measures are insufficient to ensure their existence. In exercising its powers under this Article, it may if necessary depart from the principle of economic freedom.
Art 104. Agriculture
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The Confederation shall ensure that agricultural sector, by means of a sustainable and market oriented production policy, makes an essential contribution towards:
- supplementing revenues from agriculture by means of direct subsidies in order to achieve of fair and adequate remuneration for the services provided, subject to proof of compliance with ecological requirements.
- encouraging by means of economically advantageous incentives methods of production that are specifically near-natural and respectful of both the environment and livestock.
- legislating on declarations of origin, quality, production methods and processing procedures for foodstuffs.
- protecting the environment against the detrimental effects of the excessive use of fertilisers, chemicals and other auxiliary agents.
- at its discretion, encouraging agricultural research, counselling and education and subsidise investments.
- at its discretion, legislating on the consolidation of agricultural property holdings.
- The Confederation shall legislate on gambling; in doing so it shall take account of cantonal interests.
- A licence from the Confederation is required in order to establish and operate a casino. In granting such a licence, the Confederation shall take account of regional circumstances. It shall levy a revenue-related tax on casinos; this tax must not exceed 80 per cent of the gross revenues from gambling. It shall be used to fund the Old-age, Survivors’ and Invalidity Insurance.
- The cantons are responsible for granting licences for and supervising the following:
- gambling activities that are available to an unlimited number of people, are offered at more than one location and which are based on the same random draw or a similar procedure; the foregoing does not apply to the jackpot systems in casinos;
- betting on sports;
- games of skill.
Art 107. Weapons and war material
- The Confederation shall legislate against misuse of weapons and their accessories and ammunition.
- It shall legislate on the manufacture, procurement and sale of war material as well as the import, export and transit of such material.
Section 8. Housing, Employment, Social Security and Health
Right to shelterArt 108. Construction of housing and home ownership
- The Confederation shall encourage the construction of housing, the acquisition of the ownership of apartments and houses for the personal use of private individuals, as well as the activities of developers and organisations involved in the construction of public utility housing.
- It shall encourage in particular the acquisition and development of land for the construction of housing, increased efficiency in construction and the reduction of construction and housing costs.
- It may legislate on the development of land for housing construction and on increasing the efficiency of construction.
- In doing so, it shall take particular account of the interests of families, elderly persons, persons on low incomes and persons with disabilities.
Art 109. Landlord and tenant
- The Confederation shall legislate against abuses in tenancy matters, and in particular against unfair rents, as well as on the procedure for challenging unlawfully terminated leases and the limited extension of leases.
- It may legislate to declare framework leases to be generally applicable. Such leases may be declared generally applicable only if they take appropriate account of the justified interests of minorities and regional particularities, and respect the principle of equality before the law.
Art 110. Employment
- The Confederation may legislate on:
- employee protection;
- relations between employer and employee, and in particular on common regulations on operational and professional matters;
- recruitment services;
- the declaration of collective employment agreements to be generally applicable.
Art 111. Old-age, survivors’ and invalidity pension provision
- The Confederation shall take measures to ensure adequate financial provision for the elderly, surviving spouses and children, and persons with disabilities. These shall be based on three pillars, namely the Federal Old-age, Survivors’ and Invalidity Insurance, the occupational pension scheme and private pension schemes.
- The Confederation shall ensure that the Federal Old-age, Survivors’ and Invalidity Insurance and the occupational pension scheme are able to fulfil their purpose at all times.
- It may require the Cantons to exempt institutions of the Federal Old-age, Survivors’ and Invalidity Insurance and the occupational pension scheme from liability to pay tax and to grant insured persons and their employers tax relief on contributions and reversionary rights.
- In cooperation with the Cantons, it shall encourage private pension schemes, in particular through measures relating to taxation policy and the policy of promoting property ownership.
Art 112. Old-age, Survivors’ and Invalidity Insurance
- The Confederation shall legislate on the Old-age, Survivors and Invalidity Insurance.
- In doing so, it shall adhere to the following principles:
- the insurance is compulsory.
- it provides cash and non-cash benefits.
- pensions must be sufficient to cover basic living expenses adequately.
- the maximum pension must not be more than twice the minimum pension.
- pensions must as a minimum be adjusted in line with price trends.
- through contributions from those insured, whereby employers must pay one half of the contributions payable by their employees;
- through subsidies from the Confederation.
Art 112a. Supplementary benefits
- Confederation and Cantons shall pay supplementary benefits to people whose basic living expenses are not covered by benefits under the Old-age, Survivors and Invalidity Insurance.
- The law determines the extent of the supplementary benefits as well as the tasks and responsibilities of the Confederation and Cantons.
Art 112b. Promoting the rehabilitation of people eligible for invalidity benefits
- The Confederation shall encourage the rehabilitation of people eligible for invalidity benefits by providing cash and non-cash benefits. For this purpose, it may use resources from the Invalidity Insurance.
- The Cantons shall encourage the rehabilitation of people eligible for invalidity benefits, in particular through contributions to the construction and running of institutions that provide accommodation and work.
- The law determines the goals of rehabilitation and the principles and criteria.
Art 112c. Aid for elderly people and people with disabilities
- The Cantons shall provide for assistance and care in the home for elderly people and people with disabilities.
- The Confederation shall support national efforts for the benefit of elderly people and people with disabilities. For this purpose, it may use resources from the Old-age, Survivors and Invalidity Insurance.
Art 113. Occupational pension scheme
- The Confederation shall legislate for an occupational pension scheme.
- In doing so, it shall adhere to the following principles:
- the occupational pension scheme, together with the Old-age, Survivors’ and Invalidity Insurance, enables the insured person to maintain his or her previous lifestyle in an appropriate manner.
- the occupational pension scheme is compulsory for employees; the law may provide for exceptions.
- employers shall insure their employees with a pension institution; if required, the Confederation shall make it possible for employees to be insured with a federal pension institution.
- self-employed persons may insure themselves on a voluntary basis with a pension institution.
- for specific groups of self-employed persons, the Confederation may declare the occupational pension scheme to be compulsory, either in general terms or for individual risks only.
Art 114. Unemployment insurance
- The Confederation shall legislate on unemployment insurance.
- In doing so, it shall adhere to the following principles:
- the insurance guarantees appropriate compensation for loss of earnings and supports measures to prevent and combat unemployment.
- the insurance is compulsory for employees; the law may provide for exceptions.
- self-employed persons may insure themselves voluntarily.
Art 115. Support for persons in need
Persons in need shall be supported by their Canton of residence. The Confederation regulates exceptions and powers.
Art 116. Child allowances and maternity insurance
- In the fulfilment of its duties, the Confederation shall take account of the needs of families. It may support measures for the protection of families.
- It may issue regulations on child allowances and operate a federal family allowances compensation fund.
- It shall establish a maternity insurance scheme. It may also require persons who cannot benefit from that insurance to make contributions.
- The Confederation may declare participation in a family allowances compensation fund and the maternity insurance scheme to be compulsory, either in general terms or for individual sections of the population, and make its subsidies dependent on appropriate subsidies being made by the Cantons.
Art 117. Health and accident insurance
- The Confederation shall legislate on health and accident insurance.
- It may declare health and the accident insurance to be compulsory, either in general terms or for individual sections of the population.
Art 118. Health protection
- The Confederation shall, within the limits of its powers, take measures for the protection of health.
- It shall legislate on:
Art 118a. Complementary medicine
The Confederation and the Cantons shall within the scope of their powers ensure that consideration is given to complementary medicine.
Art 118b. Research on human beings
Human dignity- It is a requirement for any research project that the participants or their legal representatives have given their informed consent. The law may provide for exceptions. A refusal is binding in every case.
- The risks and stress for the participants must not be disproportionate to the benefits of the research project.
- A research project involving persons lacking the capacity to consent may be conducted only if findings of equal value cannot be obtained from research involving persons who have the capacity to consent. If the research project is not expected to bring any immediate benefit to the persons lacking the capacity to consent, the risks and stress must be minimal.
- An independent assessment of the research project must have determined that the safety of the participants is guaranteed.
Art 119. Reproductive medicine and gene technology involving human beings
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Human beings shall be protected against the misuse of reproductive medicine and gene technology.
- all forms of cloning and interference with the genetic material of human reproductive cells and embryos are unlawful.
- non-human reproductive and genetic material may neither be introduced into nor combined with human reproductive material.
- the procedure for medically-assisted reproduction may be used only if infertility or the risk of transmitting a serious illness cannot otherwise be overcome, but not in order to conceive a child with specific characteristics or to further research; the fertilisation of human egg cells outside a woman’s body is permitted only under the conditions laid down by the law; no more human egg cells may be developed into embryos outside a woman’s body than are capable of being immediately implanted into her.
- the donation of embryos and all forms of surrogate motherhood are unlawful.
- the trade in human reproductive material and in products obtained from embryos is prohibited.
- the genetic material of a person may be analysed, registered or made public only with the consent of the person concerned or if the law so provides.
- every person shall have access to data relating to their ancestry.
Art 119a. Transplant medicine
Human dignity Protection of environmentArt 120. Non-human gene technology
- Human beings and their environment shall be protected against the misuse of gene technology.
- The Confederation shall legislate on the use of reproductive and genetic material from animals, plants and other organisms. In doing so, it shall take account of the dignity of living beings as well as the safety of human beings, animals and the environment, and shall protect the genetic diversity of animal and plant species.
Section 9. Residence and Permanent Settlement of Foreign Nationals
Power to deport citizens , Restrictions on entry or exitArt 121. Legislation on foreign nationals and asylum
- The Confederation is responsible for legislation on entry to and exit from Switzerland, the residence and the permanent settlement of foreign nationals and on the granting of asylum.
- Foreign nationals may be expelled from Switzerland if they pose a risk to the security of the country.
- Irrespective of their status under the law on foreign nationals, foreign nationals shall lose their right of residence and all other legal rights to remain in Switzerland if they:
Art 121a. Control of immigration
- Switzerland shall control the immigration of foreign nationals autonomously.
- The number of residence permits for foreign nationals in Switzerland shall be restricted by annual quantitative limits and quotas. The quantitative limits apply to all permits issued under legislation on foreign nationals, including those related to asylum matters. The right to permanent residence, family reunification and social benefits may be restricted.
- The annual quantitative limits and quotas for foreign nationals in gainful employment must be determined according to Switzerland's general economic interests, while giving priority to Swiss citizens; the limits and quotas must include crossborder commuters. The decisive criteria for granting residence permits are primarily a application from an employer, ability to integrate, and adequate, independent means of subsistence.
Section 10. Civil Law, Criminal Law, Weights and Measures
Art 122. Civil law
-
The Confederation is responsible for legislation in the field of civil law and the law of civil procedure.
Art 123. Criminal law
-
The Confederation is responsible for legislation in the field of criminal law and the law of criminal procedure.
- the construction of penal institutions;
- improvements in the execution of penalties and measures;
- institutions that conduct educative measures for the benefit of children, adolescents and young adults
Art 123a
-
If a sex offender or violent offender is regarded in the reports required for sentencing as being extremely dangerous and his or her condition assessed as untreatable, he or she must be incarcerated until the end of his or her life due to the high risk of reoffending. Early release and release on temporary licence are not permitted.
Art 123b. No time limit for the right to prosecute or for penalties for sexual or pornography offences involving prepubescent children
The right to prosecute sexual or pornography offences involving prepubescent children and the penalties for such offences is not subject to a time limit.
Protection of victim's rightsArt 124. Victim support
The Confederation and the Cantons shall ensure that persons who have suffered harm to their physical, mental or sexual integrity as the result of a criminal act receive support and are adequately compensated if they experience financial difficulties as a result of that criminal act.
Art 125. Weights and measures
The Confederation is responsible for legislation on weights and measures.
Chapter 3. Financial System
Budget billsArt 126. Financial management
Balanced budgetArt 127. Principles of taxation
- The main structural features of any tax, in particular those liable to pay tax, the object of the tax and its assessment, are regulated by law.
- Provided the nature of the tax permits it, the principles of universality and uniformity of taxation as well as the principle of taxation according to ability to pay are applied.
- Intercantonal double taxation is prohibited. The Confederation shall take the measures required.
Art 128. Direct taxes
- The Confederation may levy a direct tax:
- of a maximum of 11.5 per cent on the income of private individuals;
- of a maximum of 8.5 per cent of the net profit of legal entities;
- [Repealed by the popular vote on 28 Nov. 2004, with effect from 1 Jan. 2007]
Art 129. Tax harmonisation
Municipal governmentArt 130. Value added tax
- The Confederation may levy value added tax on the supply of goods, on services, including goods and services for personal use, and on imports, at a standard rate of a maximum of 6.5 per cent and at a reduced rate of at least 2.0 per cent.
- The law may provide for the taxation of accommodation services at a rate between the reduced rate and the standard rate.
- If, due to demographic changes, the financing of the Old-Age, Survivors’ and Invalidity Insurance is no longer guaranteed, the standard rate may be increased by federal act by a maximum of 1 percentage point and the reduced rate by a maximum of 0.3 of a percentage point.
- Five per cent of the non-earmarked revenues shall be used to reduce the health insurance premiums of persons on low incomes, unless an alternative method of assisting such persons is provided for by law.
Art 131. Special consumption taxes
-
The Confederation may level special consumption taxes on:
- The Confederation may levy a stamp duty on securities, on receipts for insurance premiums and on other commercial deeds; deeds relating to property and mortgage transactions are exempt from stamp duty.
- The Confederation may levy a withholding tax on income from moveable capital assets, on lottery winnings and on insurance benefits. 10 per cent of the tax revenue shall be allocated to the Cantons.
- The Confederation shall issue regulations on the equitable equalisation of financial resources and burdens between the Confederation and the Cantons as well as among the Cantons.
- The equalisation of financial resources and burdens is intended in particular to:
- reduce the differences in financial capacity among the Cantons;
- guarantee the Cantons a minimum level of financial resources;
- compensate for excessive financial burdens on individual Cantons due to geo-topographical or socio-demographic factors;
- encourage intercantonal cooperation on burden equalisation;
- maintain the tax competitiveness of the Cantons by national and international comparison.
Title Four. The People and the Cantons
Chapter 1. General Provisions
Claim of universal suffrage , Eligibility for head of state , Minimum age of supreme court judges , Eligibility for first chamber , Restrictions on voting , Minimum age of head of state , Eligibility for supreme court judges , Minimum age for first chamber
Art 136. Political rights
-
All Swiss citizens over the age of eighteen, unless they lack legal capacity due to mental illness or mental incapacity, have political rights in federal matters. All citizens have the same political rights and duties.
Art 137. Political parties
The political parties shall contribute to forming the opinion and will of the People.
Chapter 2. Initiative and Referendum
Constitution amendment procedure , Legislative initiatives by citizensArt 138. Popular initiative requesting the complete revision of the Federal Constitution
- Any 100,000 persons eligible to vote may within 18 months of the official publication of their initiative propose a complete revision of the Federal Constitution.
- This proposal must be submitted to a vote of the People.
Art 139. Popular initiative requesting a partial revision of the Federal Constitution in specific terms
- Any 100,000 persons eligible to vote may within 18 months of the official publication of their initiative request a partial revision of the Federal Constitution.
- A popular initiative for the partial revision of the Federal Constitution may take the form of a general proposal or of a specific draft of the provisions proposed.
Art 139a. Repealed in the Popular Vote on 27 Sept. 2009, with effect from 27 Sept. 2009
Constitution amendment procedureArt 139b. Procedure applicable to an initiative and counter-proposal
- The People vote on the initiative and the counter-proposal at the same time.
- The People may vote in favour of both proposals. In response to the third question, they may indicate the proposal that they prefer if both are accepted.
- If in response to the third question one proposal to amend the Constitution receives more votes from the People and the other more votes from the Cantons, the proposal that comes into force is that which achieves the higher sum if the percentage of votes of the People and the percentage of votes of the Cantons in the third question are added together.
Art 140. Mandatory referendum
-
The following must be put to the vote of the People and the Cantons:
- popular initiatives for a complete revision of the Federal Constitution;
- [This let. in its version of Federal Decree of 4 Oct. 2002 never came into force.]
- popular initiatives for a partial revision of the Federal Constitution in the form of a general proposal that have been rejected by the Federal Assembly;
- the question of whether a complete revision of the Federal Constitution should be carried out, in the event that there is disagreement between the two Councils.
- If within 100 days of the official publication of the enactment any 50,000 persons eligible to vote or any eight Cantons request it, the following shall be submitted to a vote of the People:
- federal acts;
- emergency federal acts whose term of validity exceeds one year;
- federal decrees, provided the Constitution or an act so requires;
-
are of unlimited duration and may not be terminated;
Art 141a. Implementation of international treaties
- If the decision on ratification of an international treaty is subject to a mandatory referendum, the Federal Assembly may incorporate in the decision on ratification the amendments to the Constitution that provide for the implementation of the treaty.
- If the decision on ratification of an international treaty is subject to an optional referendum, the Federal Assembly may incorporate in the decision on ratification the amendments to the law that provide for the implementation of the treaty.
Art 142. Required majorities
- Proposals that are submitted to the vote of the People are accepted if a majority of those who vote approve them.
- Proposals that are submitted to the vote of the People and Cantons are accepted if a majority of those who vote and a majority of the Cantons approve them.
- The result of a popular vote in a Canton determines the vote of the Canton.
- The Cantons of Obwalden, Nidwalden, Basel-Stadt, Basel-Landschaft, Appenzell Ausserrhoden and Appenzell Innerrhoden each have half a cantonal vote.
Title Five. Federal Authorities
Chapter 1. General Provisions
Minimum age of head of state , Eligibility for head of state , Minimum age for first chamber , Eligibility for first chamber , Eligibility for supreme court judges , Minimum age of supreme court judges
Art 143. Eligibility for election
Any person eligible to vote may be elected to the National Council, the Federal Council or the Federal Supreme Court.
Art 144. Incompatibility
Outside professions of legislators Outside professions of legislators Supreme court term length , Term length for first chamber , Head of state term lengthArt 145. Term of office
The members of the National Council and of the Federal Council as well as the Federal Chancellor are elected for a term of office of four years. Judges of the Federal Supreme Court have a term of office of six years.
Ultra-vires administrative actionsArt 146. State liability
The Confederation shall be liable for damage or loss unlawfully caused by its organs in the exercise of official activities.
International lawArt 147. Consultation procedure
The Cantons, the political parties and interested groups shall be invited to express their views when preparing important legislation or other projects of substantial impact as well as in relation to significant international treaties.
Chapter 2. Federal Assembly
Section 1. Organisation
Art 148. Status
-
Subject to the rights of the People and the Cantons, the Federal Assembly is the supreme authority of the Confederation.
Art 149. Composition and election of the National Council
Size of first chamber Electoral districts Second chamber selectionArt 150. Composition and election of the Council of States
Size of second chamberArt 151. Sessions
-
The Councils convene in session regularly. The convening of sessions is governed by law.
Art 152. Presidency
Each Council elects a President from its members for a term of one year, together with a first Vice-President and a second Vice-President. Re-election for the following year is not permitted.
Legislative committeesArt 153. Parliamentary committees
- Each Council forms committees from its members.
- The law may provide for joint committees.
- The law may delegate specific powers, which may not be legislative in their nature, to committees.
Art 154. Parliamentary groups
The members the Federal Assembly may form parliamentary groups.
Art 155. Parliamentary Services
The Federal Assembly has parliamentary services at its disposal. It may call on the services of offices of the Federal Administration. The details are regulated by law.
Section 2. Procedure
Division of labor between chambersArt 156. Separate proceedings
- The proceedings of the National Council and Council of States take place separately.
- Decisions of the Federal Assembly require the agreement of both Chambers.
- Provision shall be made by the law to ensure that in the event of disagreement between the Councils decisions are made on:
- the validity or partial invalidity of a popular initiative;
- the implementation of a popular initiative in the form of a general proposal that has been adopted by the People;
- the implementation of a Federal Decree initiating a total revision of the Federal Constitution that has been approved by the People;
Art 157. Joint proceedings
- The National Council and Council of States hold joint proceedings as the United Federal Assembly under the presidency of the President of the National Council in order to:
- conduct elections;
- decide on conflicts of jurisdiction between the highest federal authorities;
- decide on applications for pardons.
Art 158. Public meetings
Meetings of the Councils are held in public. The law may provide for exceptions.
Art 159. Quorum and required majority
Quorum for legislative sessions- a declaration that a federal act is urgent;
- provisions on subsidies, guarantee credits or spending ceilings that involve new non-recurrent expenditure of more than 20 million francs or new recurrent expenditure of more than 2 million francs;
Art 160. Right to submit initiatives and motions
Initiation of general legislationArt 161. Prohibition of voting instructions
- No member of the Federal Assembly may vote on the instructions of another person.
- Members must disclose their links to interest groups.
Art 162. Immunity
- The members of the Federal Assembly and the Federal Council as well as the Federal Chancellor may not be held liable for statements that they make in the Assembly or in its organs.
- The law may provide for further forms of immunity and extend its scope to include other persons.
Section 3. Powers
Art 163. Form of Federal Assembly enactments
- The Federal Assembly shall enact provisions that establish binding legal rules in the form of federal acts or ordinances.
- Other enactments are promulgated in the form of a federal decree; a federal decree that is not subject to a referendum is known as a “simple federal decree”.
Art 164. Legislation
- All significant provisions that establish binding legal rules must be enacted in the form of a federal act. These include in particular fundamental provisions on:
- the exercise of political rights;
- the restriction of constitutional rights;
- the rights and obligations of persons;
- those liable to pay tax as well as the subject matter and assessment of taxes and duties;
- the duties and services of the Confederation;
- the obligations of the Cantons in relation to the implementation and enforcement of federal law;
- the organisation and procedure of the federal authorities.
Art 165. Emergency legislation
- Federal acts whose coming into force cannot be delayed (emergency federal acts) may be declared urgent by an absolute majority of the members of each of the two Councils and be brought into force immediately. Such acts must be of limited duration.
- If a referendum is requested on an emergency federal act, the act must be repealed one year after being passed by the Federal Assembly if it has not in the meantime been approved by the People.
- An emergency federal act that does not have the Constitution as its basis must be repealed one year after being passed by the Federal Assembly if it has not in the meantime been approved by the People and the Cantons. Any such act must be of limited duration.
- An emergency federal act that is not approved in a popular vote may not be renewed.
Art 166. Foreign relations and international treaties
-
The Federal Assembly shall participate in shaping foreign policy and supervise the maintenance of foreign relations.
Art 167. Finance
The Federal Assembly determines the expenditure of the Confederation, adopt the budget and approve the federal accounts.
Art 168. Appointments
Supreme court selection , Designation of commander in chief , Head of state selection Legislative oversight of the executiveArt 169. Supervisory control
- The Federal Assembly supervises the Federal Council and the Federal Administration, the federal courts and other bodies entrusted with the tasks of the Confederation.
- Official secrecy does not apply in dealings with the special delegations of supervisory committees that are established under the law.
Art 170. Evaluation of effectiveness
The Federal Assembly shall ensure that federal measures are evaluated with regard to their effectiveness.
Art 171. Tasks of the Federal Council
The Federal Assembly may assign functions to the Federal Council. The details are regulated by law, and in particular the means by which the Federal Assembly may intervene in matters that fall within the remit of the Federal Council.
Art 172. Relations between the Confederation and the Cantons
- The Federal Assembly shall ensure the maintenance of good relations between the Confederation and the Cantons.
- It shall guarantee the cantonal constitutions.
Art 173. Further duties and powers
- The Federal Assembly has the following additional duties and powers:
- taking measures to safeguard external security and the independence and neutrality of Switzerland.
- taking measures to safeguard internal security.
- if extraordinary circumstances require, issuing ordinances or simple federal decrees in order to fulfil its duties under letters (a) and (b).
- regulating active service and mobilising the armed forces or sections thereof for this purpose.
- taking measures to enforce federal law.
- ruling on the validity of popular initiatives that meet the formal requirements.
- participating in the general planning of state activities.
- deciding on individual acts where a federal act expressly so provides.
- deciding on conflicts of jurisdiction between the highest federal authorities.
- issuing pardons and deciding on amnesties.
Chapter 3. Federal Council and Federal Administration
Section 1. Organisation and Procedure
Name/structure of executive(s)Art 174. Federal Council
The Federal Council is the supreme governing and executive authority of the Confederation.
Art 175. Composition and election
Name/structure of executive(s) Head of state selection Minimum age of head of state , Head of state term length , Eligibility for head of state Eligibility for head of state Name/structure of executive(s)Art 176. Presidency
-
The President of the Confederation chairs the Federal Council.
Art 177. Principle of collegiality and allocation to departments
- The Federal Council reaches its decisions as a collegial body.
- For the purposes of preparation and implementation, the business of the Federal Council is allocated to its individual members according to department.
- Business may be delegated to and directly dealt with by departments or their subordinate administrative units; in such cases, the right to legal recourse is guaranteed.
Art 178. Federal Administration
-
The Federal Council is in charge of the Federal Administration. It ensures that it is organised appropriately and that it fulfils its duties effectively.
Art 179. Federal Chancellery
The Federal Chancellery is the general administrative office of the Federal Council. It is headed by a Federal Chancellor.
Section 2. Powers
Art 180. Government policy
Head of state powers Initiation of general legislationArt 181. Right to initiate legislation
The Federal Council submits drafts of Federal Assembly legislation to the Federal Assembly.
Head of state powersArt 182. Lawmaking and implementation of legislation
Head of state decree powerArt 183. Finances
Budget bills Treaty ratificationArt 184. Foreign relations
Foreign affairs representative Head of state decree power Head of state powersArt 185. External and internal security
- The Federal Council takes measures to safeguard external security, independence and neutrality of Switzerland.
- It takes measures to safeguard internal security.
Art 186. Relations between the Confederation and the Cantons
-
The Federal Council is responsible for maintaining relations between the Confederation and the Cantons and collaborates with the latter.
Art 187. Further duties and powers
-
The Federal Council also has the following duties and powers:
- Access to the Federal Supreme Court is guaranteed by law.
- For disputes that do not relate to a legal issue of fundamental importance, the law may stipulate a threshold for the amount in dispute.
- The law may exclude access to the Federal Supreme Court in relation to specific matters.
- The law may provide for a simplified procedure for appeals that are manifestly unfounded.
- The Confederation shall appoint a criminal court, which hears at first instance criminal cases that by law come under federal jurisdiction. The law may confer further powers on the Federal Criminal Court.
- The Confederation shall appoint judicial authorities to hear public law disputes that come under the jurisdiction of the Federal Administration.
- The law may provide for further federal judicial authorities.
- The Cantons shall appoint judicial authorities to judge civil and public law disputes and criminal law cases.
- They may appoint joint judicial authorities.
- The Federal Constitution may be totally or partially revised at any time.
- Unless the Federal Constitution and the legislation based on it provides otherwise, any revision of the Federal Constitution is made by the legislative process.
- A total revision of the Federal Constitution may be proposed by the People or by either of the two Councils or be decreed by the Federal Assembly.
- If the initiative emanates from the People or if the two Chambers are unable to agree, the People decide on whether a total revision should be carried out.
- The Confederation shall levy an annual charge for the use of roads that are open to general traffic on domestic and foreign motor vehicles and trailers that have a maximum permissible weight of over 3.5 tonnes.
- This charge amounts to:
- for trucks and articulated motor vehicles of
- over 3.5 to 12 t . Fr. 650
3. Transitional provision to Art 87 (Railways and other carriers)
- The major rail projects include the New Rail Link through the Alps (NRLA), RAIL 2000, the connection of Eastern and Western Switzerland to the European High Speed Rail Network as well as the improvement of noise protection along railway lines through active and passive measures.
- In order to fund the major rail projects, the Federal Council may:
- use all revenues from the flat-rate heavy vehicle charge in accordance with Article 196 No 2 until the performance or consumption based heavy vehicle charge in terms of Article 85 comes into force and may, for this purpose, increase the rates of the charge by a maximum of 100 per cent;
- use a maximum of two thirds of the revenues from the performance or consumption-based heavy vehicle charge in terms of Article 85;
- use mineral oil tax revenues in terms of Article 86 paragraph 3 letter b in order to cover 25 per cent of the total expenditures on the NRLA base lines;
- raise funds on the capital market, up to a maximum however of 25 per cent of the total expenditures for NRLA, RAIL 2000 and connection of Eastern and Western Switzerland to the European High Speed Rail Network;
- increase the value added tax rates laid down in Article 130 paragraphs 1-3 by 0.1 percentage point;
4. Transitional provision to Art 90 (Nuclear energy)
Until 23 September 2000, no general, construction, start-up or operating licences for new facilities for the production of nuclear energy may be granted.
5. Transitional provision to Art 95 (Private economic activity)
Until the enactment of federal legislation, the Cantons must mutually recognise their education or training qualifications.
6. Transitional provision to Art 102 (National economic supply)
- The Confederation shall guarantee the national supply of bread grain and baking flour.
- This transitional provision remains in force until 31 December 2003 at the latest.
7. Transitional provision to Art 103 (Structural policy)
For no more than ten years from the date on which the Constitution comes into force, the Cantons may retain existing regulations that make the opening of new businesses dependent on establishing a need, in order to guarantee the existence of important parts of a specific branch of the hotel and restaurant industry.
8. Transitional provision to Art 106 (Gambling)
[Art 106 was revised on 11 March 2012.]
9. Transitional provision to Art 110 para. 3 (National Day of the Swiss Confederation)
- Until the amended federal legislation comes into force, the Federal Council shall regulate the details.
- The National Day of the Swiss Confederation shall not be included in the calculation of the number the public holidays in accordance with Article 18 paragraph 2 of the Employment Act.
10. Repealed by the popular vote on 28 Nov 2004, with effect from 1 Jan. 2008
11. Transitional provision to Art 113 (Occupational Pension Scheme)
Insured persons who belong to the generation working at the time of the introduction of the occupational pension scheme and therefore do not contribute for the full period shall receive the statutory minimum benefits, according to their income, within 10 to 20 years of the Act coming into force.
12. Transitional provision to Art 126 (Financial management)
[Art 126 was revised on 2 Dec. 2001.]
13. Transitional provision to Art 128 (Duration of tax levy)
- The power to levy the direct federal tax shall be limited until the end of 2020.
14. Transitional provision to Art 130 (Value Added Tax)
- The power to levy value added tax is limited until the end of 2020.
- In order to guarantee the funding of invalidity insurance, the Federal Council shall raise the value added tax rates from 1 January 2011 until 31 December 2017 as follows:
- by 0.4 percentage points of the standard rate in accordance with Article 36 paragraph 3 of the Federal Act of 2 September 1999 on Value Added Tax (VATA);
- by 0.1 percentage points of the reduced rate in accordance with Article 36 paragraph 1 VATA;
- by 0.2 percentage points of the special rate for accommodation services in accordance with Article 36 paragraph 2 VATA.
15. Transitional provision to Art 131 (Beer tax)
Until a federal act comes into force, the beer tax shall be levied in accordance with the current law.
16. Repealed by the popular vote on 28 Nov 2004, with effect from 1 Jan. 2008
Art 197. Transitional provisions following the adoption of the Federal Constitution of 18 April 1999
International organizations1. Accession of Switzerland to the United Nations
- Switzerland shall accede to the United Nations.
- The Federal Council shall be authorised to submit an application to the Secretary General of the United Nations (UN) requesting Switzerland’s accession to the organisation, together with a declaration on the acceptance of the obligations contained in the UN Charter.
2. Transitional provision to Art 62 (School education)
From the date on which the Federal Decree of 3 October 2003 on the New System of Financial Equalisation and the Allocation of Tasks between the Confederation and Cantons comes into force, the Cantons shall, until they have their own approved special-needs school strategies, but for a minimum of three years, assume responsibility for the current payments made by the Invalidity Insurance for special needs education (including the special needs pre-school education in accordance with Art 19 of the Federal Act of 19 June 1959 on Invalidity Insurance).
3. Transitional provision to Art 83 (National roads)
The Cantons shall construct the national roads listed in the Federal Decree of 21 June 1960 on the National Road Network (in its version valid on the commencement of the Federal Decree of 3 Oct. 2003 on the New System of Financial Equalisation and the Allocation of Tasks between the Confederation and Cantons) in accordance with the regulations of and under the supervision of the Confederation. The Confederation and Cantons shall share the costs. The share of the costs borne by the individual Cantons shall be determined by the burden imposed on them by the national roads, their interest in these roads, and their financial capacity.
4. Transitional provision to Art 112b (Promoting the rehabilitation of people eligible for invalidity benefits)
From the date on which the Federal Decree of 3 October 2003 on the New System of Financial Equalisation and the Allocation of Tasks between the Confederation and Cantons comes into force, the Cantons shall assume responsibility for the current payments made by the Invalidity Insurance to institutions, workshops and residential homes until they have an approved strategy on people with disabilities that also regulates the granting of cantonal contributions towards the construction and running of institutions that accept residents from outside the relevant canton, but for a minimum of three years.
5. Transitional provision to Art 112c (Aid for elderly people and people with disabilities)
The current payments under Article 101bis of the Federal Act of 20 December 1946 on the Old-Age and Survivors’ Insurance for assistance and care in the home for elderly people and people with disabilities shall continue to be paid by the Cantons until cantonal regulations on the financing of assistance and care in the home come into force.
7. Transitional Provision to Art 120 (Non-human gene technology)
Swiss agriculture shall remain free of gene technology for a period of five years following the adoption of this constitutional provision. In particular, the following may neither be imported nor placed on the market:
- genetically modified plants that are capable of propagation, parts of plants and seeds that are intended for agricultural, horticultural or forestry use in the environment;
- genetically modified animals that are intended for the production of foodstuffs and other agricultural products.
8. Transitional provision to Art 121 (Residence and Permanent Settlement of Foreign Nationals)
The legislature must define and add to the offences covered by Article 121 paragraph 3 and issue the criminal provisions relating to illegal entry in accordance with Article 121 paragraph 6 within five years of the adoption of Article 121 paragraphs 3–6 by the People and the Cantons.
9. Transitional provision to Art 75b (Second homes)
- If the relevant legislation does not come into force within two years of the adoption of Article 75b, the Federal Council shall issue the required implementing provisions on construction, sale and recording in the land register by ordinance.
- Building permits for second homes granted between 1 January of the year following the adoption of Article 75b and the date on which the implementing provisions come into force shall be null and void.
10. Transitional provision to Art 95 para. 3
Until the statutory provisions come into force, the Federal Council shall issue the required implementing provisions within one year of the adoption of Article 95 paragraph 3 by the People and the Cantons.
11. Transitional provision to Art 121a (Control of immigration)
International law , Legal status of treatiesFinal Provisions of the Federal Decree of 18 December 1998
II
- The Federal Constitution of the Swiss Confederation of 29 May 1874 is repealed.
- The following provisions of the Federal Constitution, which must be re-enacted as statute law, continue to apply until the corresponding statutory provisions come into force:
- Hawking and other forms of itinerant sale of spirits are prohibited.
- For the use of first and second class motorways, the Confederation shall levy an annual charge of 40 francs on each Swiss and foreign motor vehicle and trailer with a total weight not exceeding 3.5 tonnes. .
- . The Federal Council may exempt specific vehicles from the charge and issue special regulations, in particular for journeys made in border areas. Such regulations must not result in vehicles registered abroad being treated more favourably than Swiss vehicles. The Federal Council may impose fines for contraventions of the regulations. The Cantons shall collect the charge for vehicles registered in Switzerland and monitor compliance of all vehicles with the regulations.
- . The charge may be extended by federal act to further categories of vehicle that are not liable to pay the heavy vehicle charge.
- If the Federal Assembly decides to submit a counter-proposal, voters shall be asked three questions on the same ballot paper. Each voter has the unrestricted right to state:
- whether he or she prefers the popular initiative to the existing law;
- whether he or she prefers the counter-proposal to the existing law;
- which of the two proposals should come into force in the event that the People and the Cantons prefer both proposals to the existing law.
- The Federal Assembly shall adapt amendments to the Federal Constitution of 29 May 1874 to the new Federal Constitution as regards their form. The decree issued to this effect shall not be subject to a referendum.
IV
- This Decree must be submitted to a vote of the People and the Cantons.
- The Federal Assembly shall determine its commencement date.
-
supervising the Federal Administration and the other bodies entrusted with federal duties.
Chapter 4. Federal Supreme Court and other Judicial Authorities
Art 188. Status
Structure of the courts Supreme court powersArt 189. Jurisdiction of the Federal Supreme Court
-
The Federal Supreme Court hears disputes concerning violations of:
-
federal law;
1bis
[This para. in its version of Federal Decree of 4 Oct. 2002 never came into force.]
International lawArt 190. Applicable law
The Federal Supreme Court and the other judicial authorities apply the federal acts and international law.
Art 191. Access to the Federal Supreme Court
Art 191a. Other federal judicial authorities
Art 191b. Cantonal judicial authorities
Art 191c. Independence of the judiciary
The judicial authorities are independent in the exercise of their judicial powers and are bound only by the law.
Title Six. Revision of the Federal Constitution and Transitional Provisions
Chapter 1. Revision
Constitution amendment procedureArt 192. Principle
Art 193. Total revision
Art 194. Partial revision
-
A partial revision of the Federal Constitution may be requested by the People or decreed by the Federal Assembly.
Art 195. Commencement
The totally or partly revised Federal Constitution comes into force when it is approved by the People and the Cantons.
Transitional provisionsChapter 2. Transitional Provisions
Art 196. Transitional provisions in terms of the Federal Decree of 18 December 1998 on a new Federal Constitution
1. Transitional provision to Art 84 (Transalpine transit traffic)
The transfer of freight transit traffic from road to rail must be completed ten years after the adoption of the popular initiative for the protection of the alpine regions from transit traffic.
2. Transitional provision to Art 85 (Flat-rate heavy vehicle charge)
Art 141. Optional referendum
Art 132. Stamp duty and withholding tax
Art 133. Customs duties
The Confederation is responsible for legislation on customs duties and other duties on the cross-border movement of goods.
Art 134. Exclusion of cantonal and communal taxation
Anything that is declared by federal legislation to be subject to, or exempt from value added tax, special consumption taxes, stamp duty or withholding tax may not be made liable to similar taxes by the Cantons or communes.
Art 135. Equalisation of financial resources and burdens
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the reliable provision of the population with foodstuffs;
Art 105. Alcohol
The legislation on the manufacture, import, rectification and sale of alcohol obtained by distillation is the responsibility of the Confederation. The Confederation shall in particular take account of the harmful effects of alcohol consumption.
Art 106. Gambling