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101

Englis is not an official language of t e Swiss Confederation. T is translation is provided for information purposes only and as no legal force.

Federa Constitution of the Swiss Confederation

of 18 A ril 1999 (Status as of 23 Se tember 2018)

Preamb e

In the name of Almighty God!

T e Swiss People and t e Cantons,

mindful of their res onsibility towards creation,

resolved to renew their alliance so as to strengthen liberty, democracy, inde endence and eace in a s irit of solidarity and o enness towards the world,

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

conscious of their common achievements and their res onsibility towards future generations,

and in the knowledge that only those who use their freedom remain free, and that the strength of a eo le is measured by the well-being of its weakest members,

adopt t e following Constitution1:

Tit e 1 Genera Provisions

Art. 1 The Swiss Confederation

The Peo le and the Cantons of Zurich, Bern, Lucerne, Uri, Schwyz, Obwalden and Nidwalden, Glarus, Zug, Fribourg, Solothurn, Basel Stadt and Basel Landschaft, Schaffhausen, A enzell Ausserrhoden and A enzell Innerrhoden, St. Gallen, Graubünden, Aargau, Thurgau, Ticino, Vaud, Valais, Neuchâtel, Geneva, and Jura form the Swiss Confederation.

Art. 2 Aims

1 The Swiss Confederation shall rotect the liberty and rights of the eo le and safeguard the inde endence and security of the country.

AS 2007 5225

Ado ted by the o ular vote on 18 A ril 1999 (FedD of 18 Dec. 1998, FCD of 11 Aug. 1999; AS 1999 2556; BBl 1997 I 1, 1999 162 5986).

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101 Federal Constitution

2 It shall romote the common welfare, sustainable develo ment, internal cohesion and cultural diversity of the country.

3 It shall ensure the greatest ossible equality of o ortunity among its citizens.

4 It is committed to the long term reservation of natural resources and to a just and eaceful international order.

Art. 3 Cantons

The Cantons are sovereign exce t to the extent that their sovereignty is limited by the Federal Constitution. They exercise all rights that are not vested in the Confeder- ation.

Art. 4 National languages

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

Art. 5 Rule of law

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

2 State activities must be conducted in the ublic interest and be ro ortionate to the ends sought.

3 State institutions and rivate ersons shall act in good faith.

4 The Confederation and the Cantons shall res ect international law.

Art. 5a2 Subsidiarity

The rinci le of subsidiarity must be observed in the allocation and erformance of state tasks.

Art. 6 Individual and collective res onsibility

All individuals shall take res onsibility for themselves and shall, according to their abilities, contribute to achieving the tasks of the state and society.

Tit e 2 Fundamenta Rights, Citizenship and Socia Goa s

Chapter 1 Fundamenta Rights

Art. 7 Human dignity

Human dignity must be res ected and rotected.

Ado ted by the o ular vote on 28 Nov. 2004, in force since 1 Jan. 2008 (FCD of 3 Oct. 2003, FCD of 26 Jan. 2005, FCD of 7 Nov. 2007; AS 2007 5765; BBl 2002 2291, 2003 6591, 2005 951).

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Art. 8 Equality before the law

1 Every erson is equal before the law.

2 No erson may be discriminated against, in articular on grounds of origin, race, gender, age, language, social osition, way of life, religious, ideological, or olitical convictions, or because of a hysical, mental or sychological disability.

3 Men and women have equal rights. The law shall ensure their equality, both in law and in ractice, most articularly in the family, in education, and in the work lace. Men and women have the right to equal ay for work of equal value.

4 The law shall rovide for the elimination of inequalities that affect ersons with disabilities.

Art. 9 Protection against arbitrary conduct and rinci le of good faith

Every erson has the right to be treated by state authorities in good faith and in a non-arbitrary manner.

Art. 10 Right to life and to ersonal freedom

1 Every erson has the right to life. The death enalty is rohibited.

2 Every erson has the right to ersonal liberty and in articular to hysical and mental integrity and to freedom of movement.

3 Torture and any other form of cruel, inhuman or degrading treatment or unish- ment are rohibited.

Art. 11 Protection of children and young eo le

1 Children and young eo le have the right to the s ecial rotection of their integrity and to the encouragement of their develo ment.

2 They may ersonally exercise their rights to the extent that their ower of judge- ment allows.

Art. 12 Right to assistance when in need

Persons in need and unable to rovide for themselves have the right to assistance and care, and to the financial means required for a decent standard of living.

Art. 13 Right to rivacy

1 Every erson has the right to rivacy in their rivate and family life and in their home, and in relation to their mail and telecommunications.

2 Every erson has the right to be rotected against the misuse of their ersonal data.

Art. 14 Right to marry and to have a family

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

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Art. 15 Freedom of religion and conscience

1 Freedom of religion and conscience is guaranteed.

2 Every erson has the right to choose freely their religion or their hiloso hical convictions, and to rofess them alone or in community with others.

3 Every erson has the right to join or to belong to a religious community, and to follow religious teachings.

4 No erson may be forced to join or belong to a religious community, to artici ate in a religious act, or to follow religious teachings.

Art. 16 Freedom of ex ression and of information

1 Freedom of ex ression and of information is guaranteed.

2 Every erson has the right freely to form, ex ress, and im art their o inions.

3 Every erson has the right freely to receive information to gather it from generally accessible sources and to disseminate it.

Art. 17 Freedom of the media

1 Freedom of the ress, radio and television and of other forms of dissemination of features and information by means of ublic telecommunications is guaranteed.

2 Censorshi is rohibited.

3 The rotection of sources is guaranteed.

Art. 18 Freedom to use any language

The freedom to use any language is guaranteed.

Art. 19 Right to basic education

The right to an adequate and free basic education is guaranteed

Art. 20 Academic freedom

Freedom of research and teaching is guaranteed.

Art. 21 Freedom of artistic ex ression

Freedom of artistic ex ression is guaranteed.

Art. 22 Freedom of assembly

1 Freedom of assembly is guaranteed.

2 Every erson has the right to organise meetings and to artici ate or not to artici- ate in meetings.

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Art. 23 Freedom of association

1 Freedom of association is guaranteed.

2 Every erson has the right to form, join or belong to an association and to artici- ate in the activities of an association.

3 No erson may be com elled to join or to belong to an association.

Art. 24 Freedom of domicile

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

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

Art. 25 Protection against ex ulsion, extradition and de ortation

1 Swiss citizens may not be ex elled from Switzerland and may only be extradited to a foreign authority with their consent.

2 Refugees may not be de orted or extradited to a state in which they will be erse- cuted.

3 No erson may be de orted to a state in which they face the threat of torture or any other form of cruel or inhumane treatment or unishment.

Art. 26 Guarantee of ownershi

1 The right to own ro erty is guaranteed.

2 The com ulsory urchase of ro erty and any restriction on ownershi that is equivalent to com ulsory urchase shall be com ensated in full.

Art. 27 Economic freedom

1 Economic freedom is guaranteed.

2 Economic freedom includes in articular the freedom to choose an occu ation as well as the freedom to ursue a rivate economic activity.

Art. 28 Right to form rofessional associations

1 Em loyees, em loyers and their organisations have the right to join together in order to rotect their interests, to form associations and to join or not to join such associations.

2 Dis utes must wherever ossible be resolved through negotiation or mediation.

3 Strikes and lock outs are ermitted if they relate to em loyment relations and if they do not contravene any requirements to reserve eaceful em loyment relations or to conduct conciliation roceedings.

4 The law may rohibit certain categories of erson from taking strike action.

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Art. 29 General rocedural guarantees

1 Every erson has the right to equal and fair treatment in judicial and administrative roceedings and to have their case decided within a reasonable time.

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

3 Any erson who does not have sufficient means has the right to free legal advice and assistance unless their case a ears to have no ros ect of success. If it is neces- sary in order to safeguard their rights, they also have the right to free legal re resen- tation in court.

Art. 29a3 Guarantee of access to the courts

In a legal dis ute, every erson has the right to have their case determined by a judicial authority. The Confederation and the Cantons may by law reclude the determination by the courts of certain exce tional categories of case.

Art. 30 Judicial roceedings

1 Any erson whose case falls to be judicially decided has the right to have their case heard by a legally constituted, com etent, inde endent and im artial court. Ad hoc courts are rohibited.

2 Unless otherwise rovided by law, any erson against whom civil roceedings have been raised has the right to have their case decided by a court within the juris- diction in which they reside.

3 Unless the law rovides otherwise, court hearings and the delivery of judgments shall be in ublic.

Art. 31 De rivation of liberty

1 No erson may be de rived of their liberty other than in the circumstances and in the manner rovided for by the law.

2 Any erson de rived of their liberty has the right to be notified without delay and in a language they can understand of the reasons for their detention and of their rights. They must be given the o ortunity to exercise their rights, in articular, the right to have their next-of-kin informed.

3 Any erson in re-trial detention has the right to be brought before a court without delay. The court decides whether the erson must remain in detention or be released. Any erson in re-trial detention has the right to have their case decided within a reasonable time.

4 Any erson who has been de rived of their liberty by a body other than a court has the right to have recourse to a court at any time. The court shall decide as quickly as ossible on the legality of their detention.

Ado ted by the o ular vote on 12 March 2000, in force since 1 Jan. 2007 (FedD of 8 Oct. 1999, FCD of 17 May 2000, FedD of 8 March 2005; AS 2002 3148, 2006 1059; BBl 1997 I 1, 1999 8633, 2000 2990, 2001 4202).

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Art. 32 Criminal roceedings

1 Every erson is resumed innocent until they have been found guilty by a legally enforceable judgment.

2 Every accused erson has the right to be notified as quickly and com rehensively as ossible of the charge brought against them. They must be given the o ortunity to assert their rights to a ro er defence.

3 Every convicted erson has the right to have their conviction reviewed by a higher court, with the exce tion of cases in which the Federal Su reme Court sits at first instance.

Art. 33 Right of etition

1 Every erson has the right, without rejudice, to etition the authorities.

2 The authorities must acknowledge recei t of such etitions.

Art. 34 Political rights

1 Political rights are guaranteed.

2 The guarantee of olitical rights rotects the freedom of the citizen to form an o inion and to give genuine ex ression to his or her will.

Art. 35 U holding of fundamental rights

1 Fundamental rights must be u held throughout the legal system.

2 Whoever acts on behalf of the state is bound by fundamental rights and is under a duty to contribute to their im lementation.

3 The authorities shall ensure that fundamental rights, where a ro riate, a ly to relationshi s among rivate ersons.

Art. 36 Restrictions on fundamental rights

1 Restrictions on fundamental rights must have a legal basis. Significant restrictions must have their basis in a federal act. The foregoing does not a ly in cases of serious and immediate danger where no other course of action is ossible.

2 Restrictions on fundamental rights must be justified in the ublic interest or for the rotection of the fundamental rights of others.

3 Any restrictions on fundamental rights must be ro ortionate.

4 The essence of fundamental rights is sacrosanct.

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Chapter 2 Citizenship and Po itica Rights

Art. 37 Citizenshi

1 Any erson who is a citizen of a commune and of the Canton to which that com- mune belongs is a Swiss citizen.

2 No erson may be given referential treatment or suffer rejudice because of their citizenshi . The foregoing does not a ly to regulations on olitical rights in citi- zens’ communes and cor orations or to artici ation in the assets thereof, unless cantonal legislation rovides otherwise.

Art. 38 Acquisition and de rivation of citizenshi

1 The Confederation shall regulate the acquisition and de rivation of citizenshi by birth, marriage or ado tion. It shall also regulate the de rivation of Swiss citizenshi on other grounds, together with the reinstatement of citizenshi .

2 It shall legislate on the minimum requirements for the naturalisation of foreign nationals by the Cantons and grant naturalisation ermits.

3 It shall enact sim lified regulations on the naturalisation of:

a. third generation immigrants;

b. stateless children.4

Art. 39 Exercise of olitical rights

1 The Confederation shall regulate the exercise of olitical rights in federal matters, and the Cantons shall regulate their exercise at cantonal and communal matters.

2 Political rights are exercised in the commune in which a citizen resides, although the Confederation and the Cantons may rovide for exce tions.

3 No erson may exercise their olitical rights contem oraneously in more than one Canton.

4 A Canton may rovide that a erson newly registered as a resident may exercise the right to vote in cantonal and communal matters only after a waiting eriod of a maximum of three months of ermanent settlement.

Art. 40 The Swiss abroad

1 The Confederation shall encourage relations among the Swiss abroad and their relations with Switzerland. It may su ort organisations that ursue this objective.

2 It shall legislate on the rights and obligations of the Swiss abroad, in articular in relation to the exercise of olitical rights in the Confederation, the fulfilment of the obligation to erform military or alternative service, welfare su ort and social security.

Ado ted by the o ular vote on 12 Feb. 2017, in force since 12 Feb. 2017 (FedD of 30 Se t. 2016, FCD of 13 A ril 2017 – AS 2017 2643; BBl 2015 769 1327, 2017 3387).

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Chapter 3 Socia Objectives

Art. 41

1 The Confederation and the Cantons shall, as a com lement to ersonal res onsibil- ity and rivate initiative, endeavour to ensure that:

a. every erson has access to social security;

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

c. families are rotected and encouraged as communities of adults and chil- dren;

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

e. any erson seeking accommodation for themselves and their family can find suitable accommodation on reasonable terms;

f. children and young eo le as well as ersons of em loyable age can obtain an education and undergo basic and advanced training in accordance with their abilities;

g. children and young eo le are encouraged to develo into inde endent and socially res onsible eo le and are su orted in their social, cultural and o- litical integration.

2 The Confederation and Cantons shall endeavour to ensure that every erson is rotected against the economic consequences of old-age, invalidity, illness, accident,

unem loyment, maternity, being or haned and being widowed.

3 They shall endeavour to achieve these social objectives within the sco e of their constitutional owers and the resources available to them.

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

Tit e 3 Confederation, Cantons and Communes

Chapter 1 Re ations between the Confederation and the Cantons

Section 1 Duties of the Confederation and the Cantons

Art. 42 Duties of the Confederation

1 The Confederation shall fulfil the duties that are assigned to it by Federal Constitu- tion.

2 5…

5 Re ealed by the o ular vote on 28 Nov. 2004, with effect from 1 Jan. 2008 (FedD of 3 Oct. 2003, FCD of 26 Jan. 2005, FCD of 7 Nov. 2007; AS 2007 5765; BBl 2002 2291, 2003 6591, 2005 951).

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Art. 43 Duties of the Cantons

The Cantons decide on the duties that they must fulfil within the sco e of their owers.

Art. 43a6 Princi les for the allocation and fulfilment of state tasks

1 The Confederation only undertakes tasks that the Cantons are unable to erform or which require uniform regulation by the Confederation.

2 The collective body that benefits from a ublic service bears the costs thereof.

3 The collective body that bears the costs of a ublic service may decide on the nature of that service.

4 Universally rovided services must made be available to every erson in a com a- rable manner.

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

Section 2 Cooperation between the Confederation and the Cantons

Art. 44 Princi les

1 The Confederation and the Cantons shall su ort each other in the fulfilment of their duties and shall generally coo erate with each other.

2 They owe each other a duty of consideration and su ort. They shall rovide each other with administrative assistance and mutual judicial assistance.

3 Dis utes between Cantons or between Cantons and the Confederation shall wher- ever ossible be resolved by negotiation or mediation.

Art. 45 Partici ation in federal decision-making

1 In the cases s ecified by the Federal Constitution, the Cantons shall artici ate in the federal decision making rocess, and in articular in the legislative rocess.

2 The Confederation shall inform the Cantons of its intentions fully and in good time. It shall consult the Cantons where their interests are affected.

Art. 46 Im lementation of federal law

1 The Cantons shall im lement federal law in accordance with the Federal Constitu- tion and federal legislation.

2 The Confederation and the Cantons may together agree that the Cantons should achieve s ecific goals in the im lementation of federal law and may to this end conduct rogrammes that receive financial su ort from the Confederation.7

Ado ted by the o ular vote on 28 Nov. 2004, in force since 1 Jan. 2008 (FCD of 3 Oct 2003, FCD of 26 Jan. 2005, FCD of 7 Nov. 2007; AS 2007 5765; BBl 2002 2291, 2003 6591, 2005 951).

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3 The Confederation shall allow the Cantons all ossible discretion to organise their own affairs and shall take account of cantonal articularities.8

Art. 47 Autonomy of the Cantons

1 The Confederation shall res ect the autonomy of the Cantons.

2 It shall leave the Cantons sufficient tasks of their own and res ect their organisa- tional 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.9

Art. 48 Intercantonal agreements

1 The Cantons may enter into agreements with each other and establish common organisations and institutions. In articular, they may jointly undertake tasks of regional im ortance together.

2 The Confederation may artici ate in such organisations or institutions within the sco e of its owers.

3 Agreements between Cantons must not be contrary to the law, to the interests of the Confederation or to the rights of other Cantons. The Confederation must be notified of such agreements.

4 The Cantons may by intercantonal agreement authorise intercantonal bodies to issue legislative rovisions that im lement an intercantonal agreement, rovided the agreement:

a. has been a roved under the same rocedure that a lies to other legislation;

b. determines the basic content of the rovisions.10

5 The Cantons shall com ly with intercantonal law.11

7 Ado ted by the o ular vote on 28 Nov. 2004, in force since 1 Jan. 2008 (FCD of 3 Oct 2003, FCD of 26 Jan. 2005, FCD of 7 Nov. 2007; AS 2007 5765; BBl 2002 2291, 2003 6591, 2005 951).

8 Ado ted by the o ular vote on 28 Nov. 2004, in force since 1 Jan. 2008 (FCD of 3 Oct 2003, FCD of 26 Jan. 2005, FCD of 7 Nov. 2007; AS 2007 5765; BBl 2002 2291, 2003 6591, 2005 951).

9 Ado ted by the o ular vote on 28 Nov. 2004, in force since 1 Jan. 2008 (FCD of 3 Oct 2003, FCD of 26 Jan. 2005, FCD of 7 Nov. 2007; AS 2007 5765; BBl 2002 2291, 2003 6591, 2005 951).

10 Ado ted by the o ular vote on 28 Nov. 2004, in force since 1 Jan. 2008 (FCD of 3 Oct 2003, FCD of 26 Jan. 2005, FCD of 7 Nov. 2007; AS 2007 5765; BBl 2002 2291, 2003 6591, 2005 951).

11 Ado ted by the o ular vote on 28 Nov. 2004, in force since 1 Jan. 2008 (FCD of 3 Oct 2003, FCD of 26 Jan. 2005, FCD of 7 Nov. 2007; AS 2007 5765; BBl 2002 2291, 2003 6591, 2005 951).

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Art. 48a12 Declaration of general a lication and requirement of artici ation

1 At the request of interested Cantons, the Confederation may declare intercantonal agreements to be generally binding or require Cantons to artici ate in intercantonal agreements in the following fields:

a. the execution of criminal enalties and measures;

b.13 school education in the matters s ecified in Article 62 aragra h 4;

c.14 cantonal institutions of higher education;

d. cultural institutions of su ra-regional im ortance;

e. waste management;

f. waste water treatment;

g. urban trans ort;

h. advanced medical science and s ecialist clinics;

i. institutions for the rehabilitation and care of invalids.

2 A declaration of general a lication is made in the form of a federal decree.

3 The law shall s ecify the requirements for a declaration of general a lication and for a artici ation requirement and regulate the rocedure.

Art. 49 Precedence of and com liance with federal law

1 Federal law takes recedence over any conflicting rovision of cantonal law.

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

Section 3 Communes

Art. 50

1 The autonomy of the communes is guaranteed in accordance with cantonal law.

2 The Confederation shall take account in its activities of the ossible consequences for the communes.

3 In doing so, it shall take account of the s ecial osition of the cities and urban areas as well as the mountain regions.

12 Ado ted by the o ular vote on 28 Nov. 2004, in force since 1 Jan. 2008 (FCD of 3 Oct 2003, FCD of 26 Jan. 2005, FCD of 7 Nov. 2007; AS 2007 5765; BBl 2002 2291, 2003 6591, 2005 951).

13 Ado ted by the o ular vote on 21 May 2006, in force since 21 May 2006 (FedD of 16 Dec. 2005, FCD of 27 July 2006; AS 2006 3033; BBl 2005 5479 5547 7273, 2006 6725).

14 Ado ted by the o ular vote on 21 May 2006, in force since 21 May 2006 (FedD of 16 Dec. 2005, FCD of 27 July 2006; AS 2006 3033; BBl 2005 5479 5547 7273, 2006 6725).

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Section 4 Federa Guarantees

Art. 51 Cantonal constitutions

1 Each Canton shall ado t a democratic constitution. This requires the a roval of the Peo le and must be ca able of being revised if the majority of those eligible to vote so request.

2 Each cantonal constitution shall require the guarantee of the Confederation. The Confederation shall guarantee a constitution rovided it is not contrary to federal law.

Art. 52 Constitutional order

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

2 It shall intervene when ublic order in a Canton is disru ted or under threat and the Canton in question is not able to maintain order alone or with the aid of other Can- tons.

Art. 53 Number and territory of the Cantons

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

2 Any change in the number of Cantons requires the consent of the citizens and the Cantons concerned together with the consent of the Peo le and the Cantons.

3 Any change in territory between Cantons requires the consent both of the Cantons concerned and of their citizens as well as the a roval of the Federal Assembly in the form of a Federal Decree.

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

Chapter 2 Powers

Section 1 Re ations with Foreign States

Art. 54 Foreign relations

1 Foreign relations are the res onsibility of the Confederation.

2 The Confederation shall ensure that the inde endence of Switzerland and its wel- fare is safeguarded; it shall in articular assist in the alleviation of need and overty in the world and romote res ect for human rights and democracy, the eaceful co- existence of eo les as well as the conservation of natural resources.

3 It shall res ect the owers of the Cantons and rotect their interests.

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Art. 55 Partici ation of the Cantons in foreign olicy decisions

1 The Cantons shall be consulted on foreign olicy decisions that affect their owers or their essential interests.

2 The Confederation shall inform the Cantons fully and in good time and shall con- sult with them.

3 The views of the Cantons are of articular im ortance if their owers are affected. In such cases, the Cantons shall artici ate in international negotiations in an a ro- riate manner.

Art. 56 Relations between the Cantons and foreign states

1 A Canton may conclude treaties with foreign states on matters that lie within the sco e of its owers.

2 Such treaties must not conflict with the law or the interests of the Confederation, or with the law of any other Cantons. The Canton must inform the Confederation before concluding such a treaty.

3 A Canton may deal directly with lower ranking foreign authorities; in other cases, the Confederation shall conduct relations with foreign states on behalf of a Canton.

Section 2 Security, Nationa Defence, Civi Defence

Art. 57 Security

1 The Confederation and the Cantons shall within the sco e of their owers ensure the security of the country and the rotection of the o ulation.

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

Art. 58 Armed forces

1 Switzerland shall have armed forces. In rinci le, the armed forces shall be organ- ised as a militia.

2 The armed forces serve to revent war and to maintain eace; they defend the country and its o ulation. They shall su ort the civilian authorities in safeguard- ing the country against serious threats to internal security and in dealing with exce - tional situations. Further duties may be rovided for by law.

3 The de loyment of the armed forces is the res onsibility of the Confederation.15

15 Ado ted by the o ular vote on 28 Nov. 2004, in force since 1 Jan. 2008 (FCD of 3 Oct 2003, FCD of 26 Jan. 2005, FCD of 7 Nov. 2007; AS 2007 5765; BBl 2002 2291, 2003 6591, 2005 951).

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Art. 59 Military service and alternative service

1 Every Swiss man is required to do military service. Alternative civilian service shall be rovided for by law.

2 Military service is voluntary for Swiss women.

3 Any Swiss man who does not do military or alternative service is liable to ay a tax. This tax is levied by the Confederation and assessed and collected by the Can- tons.

4 The Confederation shall legislate for fair com ensation for loss of income.

5 Persons who suffer damage to their health or lose their lives while doing military or alternative civilian service are entitled to a ro riate su ort from the Confedera- tion, whether for themselves or for their next of kin.

Art. 60 Armed forces organisation, training and equi ment

1 Armed forces legislation, together with the organisation, training and equi ment of the armed forces, is the res onsibility of the Confederation.

2 16…

3 The Confederation may, in return for a ro riate com ensation, take over the running of cantonal military installations

Art. 61 Civil defence

1 The legislation on the civil defence of ersons and ro erty against the effects of armed conflicts is the res onsibility of the Confederation.

2 The Confederation shall legislate on the de loyment of civil defence units in the event of disasters and emergencies.

3 It may declare civil defence service to be com ulsory for men. For women, such service is voluntary.

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

5 Persons who suffer damage to their health or lose their lives while doing civil defence service are entitled to a ro riate su ort from the Confederation, whether for themselves or for their next of kin.

16 Re ealed by the o ular vote on 28 Nov. 2004, with effect from 1 Jan. 2008 (FCD of 3 Oct 2003, FCD of 26 Jan. 2005, FCD of 7 Nov. 2007; AS 2007 5765; BBl 2002 2291, 2003 6591, 2005 951).

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Section 3 Education, Research and Cu ture

Art. 61a17 Swiss Education Area

1 The Confederation and the Cantons shall, within the sco e of their owers, jointly ensure the high quality and accessibility of the Swiss Education Area.

2 They shall coordinate their efforts and ensure their coo eration through joint administrative bodies and other measures.

3 They shall ensure in the fulfilment of their duties18 that general and vocational courses of study achieve equal recognition in society.

Art. 62 School education*

1 The Cantons are res onsible for the system of school education.

2 They shall ensure the rovision of an adequate basic education that is available to all children. Basic education is mandatory and is managed or su ervised by the state. At state schools it is free of charge.19

3 The Cantons shall ensure that adequate s ecial needs education is rovided to all children and young eo le with disabilities u to the age of 20.20

4 Where harmonisation of school education is not achieved by means of coordination in the areas of school entry age and com ulsory school attendance, the duration and objectives of levels of education, and the transition for one level to another, as well as the recognition of qualifications, the Confederation shall issue regulations to achieve such harmonisation.21

5 The Confederation shall regulate the start of the school year.22

17 Ado ted by the o ular vote on 21 May 2006, in force since 21 May 2006 (FedD of 16 Dec. 2005, FCD of 27 July 2006; AS 2006 3033; BBl 2005 5479 5547 7273, 2006 6725).

18 Revised by the Editing Committee of the Federal Assembly, Art. 58 ara. 1 ParlA (SR 171.10).

* With transitional rovision. 19 Ado ted by the o ular vote on 21 May 2006, in force since 21 May 2006 (FedD of

16 Dec. 2005, FCD of 27 July 2006; AS 2006 3033; BBl 2005 5479 5547 7273, 2006 6725).

20 Ado ted by the o ular vote on 28 Nov. 2004, in force since 1 Jan. 2008 (FCD of 3 Oct 2003, FCD of 26 Jan. 2005, FCD of 7 Nov. 2007; AS 2007 5765; BBl 2002 2291, 2003 6591, 2005 951).

21 Ado ted by the o ular vote on 21 May 2006, in force since 21 May 2006 (FedD of 16 Dec. 2005, FCD of 27 July 2006; AS 2006 3033; BBl 2005 5479 5547 7273, 2006 6725).

22 Ado ted by the o ular vote on 21 May 2006, in force since 21 May 2006 (FedD of 16 Dec. 2005, FCD of 27 July 2006; AS 2006 3033; BBl 2005 5479 5547 7273, 2006 6725).

16

101Swiss Confederation

6 The Cantons shall artici ate in the drafting of federal legislation on school educa- tion that affects cantonal res onsibilities, and s ecial account shall be taken of their o inions.23

Art. 6324 Vocational and rofessional education and training

1 The Confederation shall issue regulations on vocational and rofessional education and training.

2 It shall encourage the rovision of a diverse and accessible range of courses in vocational and rofessional education and training.

Art. 63a25 Higher education institutions

1 The Confederation shall manage the Federal Institutes of Technology. It may establish, take over or manage additional universities and other higher education institutions.

2 It shall su ort the cantonal universities and may make financial contributions to other higher education institutions that it recognises.

3 The Confederation and the Cantons are jointly res onsible for the coordination and guarantee of quality in Swiss higher education. In fulfilling this res onsibility, they shall take account of the autonomy of the universities and the various bodies res on- sible for them and ensure the equal treatment of institutions with the same functions.

4 In order to fulfil their duties, the Confederation and the Cantons shall enter into agreements and delegate certain owers to joint administrative authorities. The law shall regulate the owers that may be delegated, and determine the rinci les gov- erning the organisation of and rocedures for coordination.

5 If the Confederation and the Cantons fail to reach their common goals by means of coordination, the Confederation shall issue regulations on levels of studies and the transition from one level to another, on ostgraduate education and on the recogni- tion of institutions and qualifications. In addition, the Confederation may im ose standard funding rinci les for subsidising of universities, and may make subsidies contingent on universities sharing articularly cost-intensive activities.

23 Ado ted by the o ular vote on 21 May 2006, in force since 21 May 2006 (FedD of 16 Dec. 2005, FCD of 27 July 2006; AS 2006 3033; BBl 2005 5479 5547 7273, 2006 6725).

24 Ado ted by the o ular vote on 21 May 2006, in force since 21 May 2006 (FedD of 16 Dec. 2005, FCD of 27 July 2006; AS 2006 3033; BBl 2005 5479 5547 7273, 2006 6725).

25 Ado ted by the o ular vote on 21 May 2006, in force since 21 May 2006 (FedD of 16 Dec. 2005, FCD of 27 July 2006; AS 2006 3033; BBl 2005 5479 5547 7273, 2006 6725).

17

101 Federal Constitution

Art. 64 Research

1 The Confederation shall romote scientific research and innovation.26

2 It may make its su ort conditional in articular on quality assurance and coordi- nation being guaranteed.27

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

Art. 64a28 Continuing education and training

1 The Confederation shall s ecify rinci les governing continuing education and training.

2 It may romote continuing education and training.

3 The law shall s ecify the fields of and the criteria for such romotion.

Art. 65 Statistics

1 The Confederation shall com ile the necessary statistical data on the status and trends in the o ulation, the economy, society, education, research, the land and the environment in Switzerland.29

2 It may issue regulations on the harmonisation and maintenance of official registers in order to reduce the cost of com iling data.

Art. 66 Education grants30

1 The Confederation may contribute to cantonal ex enditure on grants rovided to students at universities and higher education institutions. It may encourage the intercantonal harmonisation of education grants and lay down rinci les for the ayment of education grants.31

2 It may also su lement cantonal measures while reserving cantonal autonomy in education matters by taking its own measures to romote education.

26 Ado ted by the o ular vote on 21 May 2006, in force since 21 May 2006 (FedD of 16 Dec. 2005, FCD of 27 July 2006; AS 2006 3033; BBl 2005 5479 5547 7273, 2006 6725).

27 Ado ted by the o ular vote on 21 May 2006, in force since 21 May 2006 (FedD of 16 Dec. 2005, FCD of 27 July 2006; AS 2006 3033; BBl 2005 5479 5547 7273, 2006 6725).

28 Ado ted by the o ular vote on 21 May 2006, in force since 21 May 2006 (FedD of 16 Dec. 2005, FCD of 27 July 2006; AS 2006 3033; BBl 2005 5479 5547 7273, 2006 6725).

29 Ado ted by the o ular vote on 21 May 2006, in force since 21 May 2006 (FedD of 16 Dec. 2005, FCD of 27 July 2006; AS 2006 3033; BBl 2005 5479 5547 7273, 2006 6725).

30 Ado ted by the o ular vote on 21 May 2006, in force since 21 May 2006 (FedD of 16 Dec. 2005, FCD of 27 July 2006; AS 2006 3033; BBl 2005 5479 5547 7273, 2006 6725).

31 Ado ted by the o ular vote on 21 May 2006, in force since 21 May 2006 (FedD of 16 Dec. 2005, FCD of 27 July 2006; AS 2006 3033; BBl 2005 5479 5547 7273, 2006 6725).

18

101Swiss Confederation

Art. 67 Encouragement of children and young eo le32

1 In fulfilling their duties, the Confederation and Cantons shall take account of the s ecial need of children and young eo le to receive encouragement and rotection.

2 The Confederation may su lement cantonal measures by su orting extra- curricular work with children and young eo le.33

Art. 67a34 Musical education

1 The Confederation and Cantons shall encourage musical education, in articular that of children and young eo le.

2 They shall endeavour within the sco e of their owers to ensure high-quality music teaching in schools. If the Cantons are unable to harmonise the goals of music teach- ing in schools by means of coordination, the Confederation shall issue the required regulations.

3 In consultation with the Cantons, the Confederation shall set out rinci les to hel young eo le to engage in musical activities and to encourage musically gifted ersons.

Art. 68 S ort

1 The Confederation shall encourage s ort, and in articular education in s ort.

2 It shall o erate a s orts school.

3 It may issue regulations on s ort for young eo le and declare the teaching of s ort in schools to be com ulsory.

Art. 69 Culture

1 Cultural matters are a cantonal res onsibility.

2 The Confederation may su ort cultural activities of national interest as well as art and music, in articular in the field of education.

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

32 Ado ted by the o ular vote on 21 May 2006, in force since 21 May 2006 (FedD of 16 Dec. 2005, FCD of 27 July 2006; AS 2006 3033; BBl 2005 5479 5547 7273, 2006 6725).

33 Ado ted by the o ular vote on 21 May 2006, in force since 21 May 2006 (FedD of 16 Dec. 2005, FCD of 27 July 2006; AS 2006 3033; BBl 2005 5479 5547 7273, 2006 6725).

34 Ado ted by the o ular vote on 23 Se t. 2012, in force since 23 Se t. 2012 (FedD of 15 March 2012, FCD of 29 Jan. 2013; AS 2013 435; BBl 2009 613, 2010 1, 2012 3443 6899, 2013 1135).

19

101 Federal Constitution

Art. 70 Languages

1 The official languages of the Confederation are German, French and Italian. Ro- mansh is also an official language of the Confederation when communicating with ersons who s eak Romansh.

2 The Cantons shall decide on their official languages. In order to reserve harmony between linguistic communities, the Cantons shall res ect the traditional territorial distribution of languages and take account of indigenous linguistic minorities.

3 The Confederation and the Cantons shall encourage understanding and exchange between the linguistic communities.

4 The Confederation shall su ort the lurilingual Cantons in the fulfilment of their s ecial duties.

5 The Confederation shall su ort measures by the Cantons of Graubünden and Ticino to reserve and romote the Romansh and the Italian languages.

Art. 71 Cinema

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

2 It may issue regulations to romote the diversity and the quality of the cinemato- gra hic works that are offered.

Art. 72 Church and state

1 The regulation of the relationshi between the church and the state is the res onsi- bility of the Cantons.

2 The Confederation and the Cantons may within the sco e of their owers take measures to reserve ublic eace between the members of different religious com- munities.

3 The construction of minarets is rohibited.35

Section 4 Environment and Spatia P anning

Art. 73 Sustainable develo ment

The Confederation and the Cantons shall endeavour to achieve a balanced and sustainable relationshi between nature and its ca acity to renew itself and the demands laced on it by the o ulation.

35 Ado ted by the o ular vote on 29 Nov. 2009, in force since 29 Nov. 2009 (FedD of 12 June 2009, FCD of 5 May 2010; AS 2010 2161; BBl 2008 6851 7603, 2009 4381, 2010 3437).

20

101Swiss Confederation

Art. 74 Protection of the environment

1 The Confederation shall legislate on the rotection of the o ulation and its natural environment against damage or nuisance.

2 It shall ensure that such damage or nuisance is avoided. The costs of avoiding or eliminating such damage or nuisance are borne by those res onsible for causing it.

3 The Cantons are res onsible for the im lementation of the relevant federal regula- tions, exce t where the law reserves this duty for the Confederation.

Art. 75 S atial lanning

1 The Confederation shall lay down rinci les on s atial lanning. These rinci les are binding on the Cantons and serve to ensure the a ro riate and economic use of the land and its ro erly ordered settlement.

2 The Confederation shall encourage and coordinate the efforts of the Cantons and shall coo erate with them.

3 Confederation and Cantons shall take account of the requirements of s atial lan- ning in fulfilling their duties.

Art. 75a36 National Land Survey

1 The National Land Survey is the res onsibility of the Confederation.

2 The Confederation shall issue regulations on official surveying.

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

Art. 75b37 Second homes*

1 No more than 20 er cent of the total stock of residential units and the gross resi- dential floor area in any commune may be used as second homes.

2 The law shall require communes to ublish their first home ercentage lan and a detailed re ort on its im lementation every year.

Art. 76 Water

1 The Confederation shall within the sco e of its owers ensure the economic use and the rotection of water resources and rovide rotection against the harmful effects of water.

36 Ado ted by the o ular vote on 28 Nov. 2004, in force since 1 Jan. 2008 (FCD of 3 Oct 2003, FCD of 26 Jan. 2005, FCD of 7 Nov. 2007; AS 2007 5765; BBl 2002 2291, 2003 6591, 2005 951).

37 Ado ted by the o ular vote on 11 March 2012, in force since 11 March 2012 (FedD of 17 June 2011, FCD of 20 June 2012; AS 2012 3627; BBl 2008 1113 8757, 2011 4825, 2012 6623).

* With transitional rovision.

21

101 Federal Constitution

2 It shall lay down rinci les on the conservation and ex loitation of water re- sources, the use of water for the roduction of energy and for cooling ur oses, as well as on other measures affecting the water-cycle.

3 It shall legislate on water rotection, on ensuring a ro riate residual flow, on hydraulic engineering and the safety of dams, and on measures that influence reci - itation.

4 The Cantons shall manage their water resources. They may levy charges for the use of water, subject to the limits im osed by federal legislation. The Confederation has the right to use water for its trans ort o erations subject to ayment of a charge and com ensation.

5 The Confederation, in consultation with the Cantons concerned, shall decide on rights to international water resources and the charges for them. If Cantons are unable to agree on rights to intercantonal water resources, the Confederation shall decide.

6 The Confederation shall take account of the concerns of the Cantons where the water originates in fulfilling its duties.

Art. 77 Forests

1 The Confederation shall ensure that the forests are able to fulfil their rotective, commercial and ublic amenity functions.

2 It shall lay down rinci les on the rotection of the forests.

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

Art. 78 Protection of natural and cultural heritage

1 The rotection of natural and cultural heritage is the res onsibility of the Cantons.

2 In the fulfilment of its duties, the Confederation shall take account of concerns for the rotection of natural and cultural heritage. It shall rotect the countryside and laces of architectural, historical, natural or cultural interest; it shall reserve such laces intact if required to do so in the ublic interest.

3 It may su ort efforts made for the rotection of natural and cultural heritage and acquire or reserve ro erties of national im ortance by contract or through com ul- sory urchase.

4 It shall legislate on the rotection of animal and lant life and on the reservation of their natural habitats and their diversity. It shall rotect endangered s ecies from extinction.

5 Moors and wetlands of s ecial beauty and national im ortance shall be reserved. No buildings may be built on them and no changes may be made to the land, exce t for the construction of facilities that serve the rotection of the moors or wetlands or their continued use for agricultural ur oses.

22

101Swiss Confederation

Art. 79 Fishing and hunting

The Confederation shall lay down rinci les on fishing and hunting and in articular on the reservation of the diversity of fish s ecies, wild mammals and birds.

Art. 80 Protection of animals

1 The Confederation shall legislate on the rotection of animals.

2 It shall in articular regulate:

a. the kee ing and care of animals;

b. ex eriments on animals and rocedures carried out on living animals;

c. the use of animals;

d. the im ort of animals and animal roducts;

e. the trade in animals and the trans ort of animals;

f. the killing of animals.

3 The enforcement of the regulations is the res onsibility of the Cantons, exce t where the law reserves this to the Confederation.

Section 5 Pub ic Construction Works and Transport

Art. 81 Public Construction Works

The Confederation may in the interests of the country as a whole or a large art of it carry out and o erate ublic construction works, or rovide su ort for such con- struction works.

Art. 81a38 Public trans ort

1 The Confederation and the Cantons shall ensure that an adequate range of ublic trans ort services is rovided on rail, roads, water and by cableway in all regions of the country. In doing so, a ro riate account must be taken of the interests of rail freight trans ort.

2 The costs of ublic trans ort shall be covered to an a ro riate extent by the rices aid by users.

Art. 82 Road trans ort

1 The Confederation shall legislate on road trans ort.

2 It shall exercise oversight over roads of national im ortance; it may decide which transit roads must remain o en to traffic.

38 Ado ted by the o ular vote on 9 Feb. 2014, in force since 1 Jan. 2016 (FedD of 20 June 2013, FCD of 13 May 2014, FCD of 2 June 2014, FCD of 6 June 2014; AS 2015 645; BBl 2010 6637, 2012 1577, 2013 4725 6518, 2014 4113 4117).

23

101 Federal Constitution

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

Art. 8339 Road infrastructure

1 The Confederation and the cantons shall ensure that there is adequate road infra- structure in all regions of the country.

2 The Confederation shall ensure the construction of a network of national highways and guarantee that they remain useable. It shall construct, o erate and maintain the national highways. It shall bear the costs thereof. It may assign this task wholly or artly to ublic or rivate bodies or combined ublic- rivate bodies.

Art. 84 Al ine transit traffic*

1 The Confederation shall rotect the Al ine region from the negative effects of transit traffic. It shall limit the nuisance caused by transit traffic to a level that is not harmful to eo le, animals and lants or their habitats.

2 Transal ine goods traffic shall be trans orted from border to border by rail. The Federal Council shall take the measures required. Exce tions are ermitted only when there is no alternative. They must be s ecified in detail in a federal act.

3 The ca acity of the transit routes in the Al ine region may not be increased. This does not a ly to by- ass roads that reduce the level of transit traffic in towns and villages.

Art. 85 Heavy vehicle charge*

1 The Confederation may levy a ca acity or mileage-related charge on heavy vehicle traffic where such traffic creates ublic costs that are not covered by other charges or taxes.

2 The net revenue from the charge shall be used to cover the costs incurred in con- nection with overland trans ort.40

3 The Cantons are entitled to a share of the net revenue. In the assessment of the shares allocated, the articular consequences that levying the charge have for moun- tainous and remote regions shall be taken into account.

39 Ado ted by the o ular vote on 12 Feb. 2017, in force since 1 Jan. 2018 (FedD of 30 Se t. 2016, FCD of 10 Nov. 2016 – AS 2017 6731; BBl 2015 2065, 2016 7587, 2017 3387).

* With transitional rovision * With transitional rovision 40 Ado ted by the o ular vote on 9 Feb. 2014, in force since 1 Jan. 2016 (FedD of

20 June 2013, FCD of 13 May 2014, FCD of 2 June 2014, FCD of 6 June 2014; AS 2015 645; BBl 2010 6637, 2012 1577, 2013 4725 6518, 2014 4113 4117).

24

101Swiss Confederation

Art. 85a41 Charge for using the national highways

The Confederation shall levy a charge for the use of the national highways by motor vehicles and trailers that are not liable to ay the heavy vehicle charge.

Art. 8642 Use of charges for tasks and costs in connection with road trans ort*

1 A fund shall be set u to finance the national highways and contributions towards measures to im rove the road trans ort infrastructure in cities and urban areas.

2 The following monies shall be allocated to the fund:

a. the net roceeds of the national highways charge in accordance with Article 85a;

b. the net roceeds of the s ecial consum tion tax in accordance with Article 131 aragra h 1 letter d;

c. the net roceeds of the surcharge in accordance with Article 131 aragra h 2 letter a;

d. the net roceeds of the charge in accordance with Article 131 aragra h 2 letter b;

e. a ercentage of the net roceeds from the consum tion tax on all motor fuels, with the exce tion of aviation fuels, in accordance with Article 131 aragra h 1 letter e; this shall amount to 9 er cent each of the net roceeds

under letter c and 9 er cent of one half of the net roceeds of the consum - tion tax on all motor fuels, with the exce tion of aviation fuels, but no more than 310 million francs er year; the indexation of this amount shall be regu- lated by law;

f. in general, 10 er cent of the net roceeds of consum tion tax on all motor fuels, with the exce tion of aviation fuels, in accordance with Article 131 aragra h 1 letter e;

g.43 …

h. other monies allocated by law in connection with road trans ort.

3 A s ecial finance rogramme shall be administered for the following tasks and costs in connection with road trans ort:

a. contributions towards measures to romote combined trans ort and the trans ort of motor vehicles and drivers;

b. contributions towards the cost of main roads;

41 Ado ted by the o ular vote on 12 Feb. 2017, in force since 1 Jan. 2018 (FedD of 30 Se t. 2016, FCD of 10 Nov. 2016 – AS 2017 6731; BBl 2015 2065, 2016 7587, 2017 3387).

42 Ado ted by the o ular vote on 12 Feb. 2017, in force since 1 Jan. 2018 (FedD of 30 Se t. 2016, FCD of 10 Nov. 2016 – AS 2017 6731; BBl 2015 2065, 2016 7587, 2017 3387).

* With transitional rovision. 43 Comes into force on 1 Jan. 2020.

25

101 Federal Constitution

c. contributions towards rotective structures to revent natural disasters and measures to rotect the environment and countryside from the effects of road traffic;

d. general contributions towards the costs incurred by the Cantons for roads o en to motor vehicles;

e. contributions to Cantons without national highways;

f. research and administration;

g.44 …

4 The s ecial finance rogramme shall be allocated one half of the net roceeds of the consum tion tax on all motor fuels, with the exce tion of aviation fuels, in accordance with Article 131 aragra h 1 letter e, under deduction of the monies under aragra h 2 letter e.

5 Where the s ecial finance rogramme has a roven need and in order to form a ro riate reserves in the s ecial finance rogramme, roceeds from the consum - tion tax in accordance with Article 131 aragra h 1 letter d shall be allocated to the s ecial finance rogramme instead of the fund.

Art. 87 Railways and other modes of trans ort*

The legislation on rail trans ort, cableways, shi ing, aviation and s ace travel is the res onsibility of the Confederation.

Art. 87a45 Railway infrastructure*

1 The Confederation shall bear the rinci al burden of financing railway infrastruc- ture.

2 Railway infrastructure shall be financed from a fund. The following resources shall be allocated to the fund:

a. a maximum of two thirds of the revenue from the heavy vehicle charge un- der Article 85;

b. the revenue from the increase in value added tax under Article 130 ara- gra h 3bis;

c. 2.0 er cent of the recei ts from the direct federal taxation of rivate indi- viduals;

d. 2,300 million francs each year from the general federal budget; the indexa- tion of this amount shall be regulated by law.

44 Comes into force on 1 Jan. 2020. * With transitional rovision 45 Ado ted by the o ular vote on 9 Feb. 2014, in force since 1 Jan. 2016 (FedD of

20 June 2013, FCD of 13 May 2014, FCD of 2 June 2014, FCD of 6 June 2014; AS 2015 645; BBl 2010 6637, 2012 1577, 2013 4725 6518, 2014 4113 4117).

* With transitional rovision.

26

101Swiss Confederation

3 The Cantons shall artici ate a ro riately in the financing of railway infrastruc- ture. The details shall be regulated by law.

4 The law may rovide for additional financing from third arties.

Art. 87b46 Use of charges for tasks and costs in connection with air traffic

One half of the net roceeds of the consum tion tax on aviation fuels and the sur- charge on the consum tion tax on aviation fuels shall be used for the following tasks and costs in connection with air traffic:

a. contributions towards environmental rotection measures made necessary by air traffic;

b. contributions towards security measures to rotect against unlawful acts against air traffic, and in articular against terrorist attacks and the hijacking of aircraft, insofar as such measures are not the res onsibility of national au- thorities;

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

Art. 8847 Foot aths, hiking trails and cycle aths

1 The Confederation shall lay down rinci les with regard to the network of foot- aths, hiking trails and cycle aths.

2 It may su ort and coordinate measures by the cantons and third arties to con- struct and maintain such networks and to rovide information about them. In doing so, it shall res ect the owers of the cantons.

3 It shall take account of these networks in the fulfilment of its duties. It shall re lace aths and trails that it has to close.

Section 6 Energy and Communications

Art. 89 Energy olicy

1 Within the sco e of their owers, the Confederation and Cantons shall endeavour to ensure a sufficient, diverse, safe, economic and environmentally sustainable energy su ly as well as the economic and efficient use of energy.

2 The Confederation shall establish rinci les on the use of local and renewable energy sources and on the economic and efficient use of energy.

46 Ado ted by the o ular vote on 12 Feb. 2017, in force since 1 Jan. 2018 (FedD of 30 Se t. 2016, FCD of 10 Nov. 2016 – AS 2017 6731; BBl 2015 2065, 2016 7587, 2017 3387).

47 Ado ted by the o ular vote on 23 Se t. 2018, in force since 23 Se t. 2018 (FedD of 13 March 2018, FCD of 21 Jan. 2019 – AS 2019 525; BBl 2016 1791, 2017 5901, 2018 1859, 2019 1311).

27

101 Federal Constitution

3 The Confederation shall legislate on the use of energy by installations, vehicles and a liances. It shall encourage the develo ment of energy technologies, in articular in the fields of saving energy and the renewable energy sources.

4 The Cantons shall be rimarily res onsible for measures relating to the use of energy in buildings.

5 The Confederation shall take account in its energy olicy 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 res onsible for legislation in the field of nuclear energy.

Art. 91 Trans ort of energy

1 The Confederation shall legislate on the trans ort and the su ly of electrical energy.

2 The Confederation is res onsible for legislation on transmission and distribution systems for the trans ort of liquid or gaseous fuels.

Art. 92 Postal and telecommunications services

1 The Confederation is res onsible for ostal and telecommunications services.

2 The Confederation shall ensure the adequate, universal and reasonably riced rovision of ostal and telecommunications services in all regions of the country.

The rates shall be fixed according to standard rinci les.

Art. 93 Radio and television

1 The Confederation is res onsible for legislation on radio and television as well as on other forms of ublic broadcasting of features and information.

2 Radio and television shall contribute to education and cultural develo ment, to the free sha ing of o inion and to entertainment. They shall take account of the articu- larities of the country and the needs of the Cantons. They shall resent events accu- rately and allow a diversity of o inions to be ex ressed a ro riately.

3 The inde endence of radio and television as well as their autonomy in deciding on rogramming is guaranteed.

4 Account must be taken of the role and duties of other media, in articular the ress.

5 Com laints about rogrammes may be submitted to an inde endent com laints authority.

* With transitional rovision

28

101Swiss Confederation

Section 7 The Economy

Art. 94 Princi les of the economic system

1 The Confederation and the Cantons shall abide by the rinci le of economic free- dom.

2 They shall safeguard the interests of the Swiss economy as a whole and, together with the rivate sector, shall contribute to the welfare and economic security of the o ulation.

3 They shall endeavour within the sco e of their owers to create favourable general conditions for the rivate sector.

4 Any divergence from the rinci le of economic freedom, and in articular measures designed to restrain com etition, shall be ermitted only if they are ro- vided for in the Federal Constitution or based on cantonal mono oly rights.

Art. 95 Professional activities in the rivate sector*

1 The Confederation may legislate on rofessional activities in the rivate sector.

2 It shall seek to create a unified Swiss economic area. It shall guarantee that ersons with an academic qualification or with a federal or cantonal educational qualification or an educational qualification recognised by a Canton are able to ractise their rofession throughout Switzerland.

3 For the rotection of the economy, rivate ro erty and shareholders, and to guar- antee sustainable cor orate governance, the law shall regulate Swiss com anies limited by shares listed on stock exchanges in Switzerland or abroad in accordance with the following rinci les:

a. the general meeting votes on an annual basis on the total amount of all re- muneration (money and the value of benefits in kind) given to the board of directors, the executive board and the board of advisors. It elects on an an- nual basis the resident of the board of directors, the individual members of the board of directors and the remuneration committee, and the inde endent re resentatives of voting rights. 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 re resented by a governing officer of the com any or by a custodian bank;

b. the governing officers may not be given severance or similar ayments, ad- vance ayments, bonuses for com any urchases and sales, additional con- tracts as consultants to or em loyees of other com anies in the grou . The management of the com any may not be delegated to a legal entity;

c. the articles of association regulate the amount of credits, loans and ensions ayable to governing officers, their rofit-sharing and equity artici ation lans and the number of mandates they may acce t outside the grou , as

* With transitional rovision

29

101 Federal Constitution

well as the duration of em loyment contracts of members of the executive board;

d. ersons violating the rovisions under letters a-c are liable to a custodial sentence not exceeding three years and to a monetary enalty not exceeding six times their annual remuneration.48

Art. 96 Com etition olicy

1 The Confederation shall legislate against the damaging effects in economic or social terms of cartels and other restraints on com etition.

2 It shall take measures:

a. to revent abuses in rice maintenance by dominant undertakings and ri- vate and ublic law organisations;

b. against unfair com etition.

Art. 97 Consumer rotection

1 The Confederation shall take measures to rotect consumers.

2 It shall legislate on the legal remedies available to consumer organisations. These organisations shall have the same rights under the federal legislation on unfair com etition as rofessional and trade associations.

3 The Cantons shall rovide a conciliation rocedure or a sim le and ra id court rocedure for claims of u to a certain sum. The Federal Council determines this

sum.

Art. 98 Banks and insurance com anies

1 The Confederation shall legislate on the banking and stock exchange system; in doing so, it shall take account of the s ecial function and role of the cantonal banks.

2 It may legislate on financial services in other fields.

3 It shall legislate on rivate insurance.

Art. 99 Monetary olicy

1 The Confederation is res onsible for money and currency; the Confederation has the exclusive right to issue coins and banknotes.

2 The Swiss National Bank, as an inde endent central bank, shall ursue a monetary olicy that serves the overall interests of the country; it shall be administered with

the coo eration and under the su ervision of the Confederation.

48 Ado ted by the o ular vote on 3 March 2013, in force since 3 March 2013 (FCD of 15 Nov. 2012 and 30 A ril 2013; AS 2013 1303; BBl 2006 8755, 2008 2577, 2009 299, 2012 9219, 2013 3129).

30

101Swiss Confederation

3 The Swiss National Bank shall create sufficient currency reserves from its reve- nues; art of these reserves shall be held in gold.

4 A minimum of two thirds of the net rofits made by the Swiss National Bank shall be allocated to the Cantons.

Art. 100 Economic olicy

1 The Confederation shall take measures to achieve balanced economic develo - ment, and in articular to revent and combat unem loyment and inflation.

2 It shall take account of economic develo ment in individual regions of the country. It shall coo erate with the Cantons and the business community.

3 In the field of money and banking, in foreign economic affairs and in the field of ublic finance, the Confederation may if necessary de art from the rinci le of

economic freedom.

4 The Confederation, the Cantons and the communes shall take account of the eco- nomic situation in their revenue and ex enditure olicies.

5 To stabilise the economic situation, the Confederation may tem orarily levy sur- charges or grant rebates on federal taxes and duties. The accumulated funds must be held in reserve; following their release, direct taxes shall be individually refunded, and indirect taxes used to grant rebates or to create jobs.

6 The Confederation may oblige businesses to accumulate reserves for the creation of jobs; it shall for this ur ose 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 a lied within the sco e of the uses ermitted by law.

Art. 101 Foreign economic olicy

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

2 In s ecial cases, it may take measures to rotect the domestic economy. In doing so, it may if necessary de art from the rinci le of economic freedom.

Art. 102 National economic su ly*

1 The Confederation shall ensure that the country is su lied with essential goods and services in the event of the threat of olitico-military strife or war, or of severe shortages that the economy cannot by itself counteract. It shall take recautionary measures to address these matters.

2 In exercising its owers under this Article, it may if necessary de art from the rinci le of economic freedom.

* With transitional rovision

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101 Federal Constitution

Art. 103 Structural olicy*

The Confederation may su ort regions of the country that are under economic threat and romote s ecific economic sectors and rofessions, if reasonable self-hel measures are insufficient to ensure their existence. In exercising its owers under this Article, it may if necessary de art from the rinci le of economic freedom.

Art. 104 Agriculture

1 The Confederation shall ensure that agricultural sector, by means of a sustainable and market oriented roduction olicy, makes an essential contribution towards:

a. the reliable rovision of the o ulation with foodstuffs;

b. the conservation of natural resources and the u kee of the countryside;

c. decentralised o ulation settlement of the country.

2 In addition to the self-hel measures that can reasonably be ex ected in the agricul- ture sector and if necessary in derogation from the rinci le of economic freedom, the Confederation shall su ort farms that cultivate the land.

3 The Confederation shall organise measures in such a manner that the agricultural sector fulfils its multi-functional duties. It has in articular the following owers and duties:

a. su lementing revenues from agriculture by means of direct subsidies in or- der to achieve of fair and adequate remuneration for the services rovided, subject to roof of com liance with ecological requirements;

b. encouraging by means of economically advantageous incentives methods of roduction that are s ecifically near-natural and res ectful of both the envi-

ronment and livestock;

c. legislating on declarations of origin, quality, roduction methods and ro- cessing rocedures for foodstuffs;

d. rotecting the environment against the detrimental effects of the excessive use of fertilisers, chemicals and other auxiliary agents;

e. at its discretion, encouraging agricultural research, counselling and educa- tion and subsidise investments;

f. at its discretion, legislating on the consolidation of agricultural ro erty holdings.

4 For these ur oses, the Confederation shall rovide both funds earmarked for the agricultural sector and general federal funds.

* With transitional rovision

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101Swiss Confederation

Art. 104a49 Food security

In order to guarantee the su ly of food to the o ulation, the Confederation shall create the conditions required for:

a. safeguarding the basis for agricultural roduction, and agricultural land in articular;

b. food roduction that is ada ted to local conditions and which uses natural resources efficiently;

c. an agriculture and food sector that res onds to market requirements;

d. cross-border trade relations that contribute to the sustainable develo ment of the agriculture and food sector;

e. using food in a way that conserves natural resources.

Art. 105 Alcohol

The legislation on the manufacture, im ort, rectification and sale of alcohol obtained by distillation is the res onsibility of the Confederation. The Confederation shall in articular take account of the harmful effects of alcohol consum tion.

Art. 10650 Gambling

1 The Confederation shall legislate on gambling; in doing so it shall take account of cantonal interests.

2 A licence from the Confederation is required in order to establish and o erate 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 ex- ceed 80 er cent of the gross revenues from gambling. It shall be used to fund the Old-age, Survivors’ and Invalidity Insurance.

3 The cantons are res onsible for granting licences for and su ervising the follow- ing:

a. gambling activities that are available to an unlimited number of eo le, are offered at more than one location and which are based on the same random draw or a similar rocedure; the foregoing does not a ly to the jack ot sys- tems in casinos;

b. betting on s orts;

c. games of skill.

4 Paragra hs 2 and 3 also a ly to telecommunications-based gambling.

49 Ado ted by the o ular vote on 24. Se t. 2017, in force since 24 Se t. 2017 (FedD of 14 March 2017, FCD of 30 Nov. 2017 – AS 2017 6735; BBl 2014 6135, 2015 5753, 2017 2495 7829).

50 Ado ted by the o ular vote on 11 March 2012, in force since 11 March 2012 (FedD of 29 Se t. 2011, FCD of 20 June 2012; AS 2012 3629; BBl 2009 7019, 2010 7961, 2012 6623).

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101 Federal Constitution

5 The Confederation and the cantons shall take account of the dangers of gambling. They shall ensure that a ro riate rotection is rovided through legislation and su ervisory measures and in doing so shall take account of the different characteris- tics of the games and the form and location of the gambling o ortunity offered.

6 The cantons shall ensure that the net revenues from gambling in accordance with aragra h 3 letters a and b are used in their entirety for charitable ur oses, in articular in the fields of culture, social rojects and s ort.

7 The Confederation and the cantons shall coordinate their efforts to fulfil their tasks. To this end the law shall establish a joint body, one half of whose members shall be from the federal im lementing bodies and the other half from the cantonal im le- menting bodies.

Art. 107 Wea ons and war material

1 The Confederation shall legislate against misuse of wea ons and their accessories and ammunition.

2 It shall legislate on the manufacture, rocurement and sale of war material as well as the im ort, ex ort and transit of such material.

Section 8 Housing, Emp oyment, Socia Security and Hea th

Art. 108 Construction of housing and home ownershi

1 The Confederation shall encourage the construction of housing, the acquisition of the ownershi of a artments and houses for the ersonal use of rivate individuals, as well as the activities of develo ers and organisations involved in the construction of ublic utility housing.

2 It shall encourage in articular the acquisition and develo ment of land for the construction of housing, increased efficiency in construction and the reduction of construction and housing costs.

3 It may legislate on the develo ment of land for housing construction and on in- creasing the efficiency of construction.

4 In doing so, it shall take articular account of the interests of families, elderly ersons, ersons on low incomes and ersons with disabilities.

Art. 109 Landlord and tenant

1 The Confederation shall legislate against abuses in tenancy matters, and in articu- lar against unfair rents, as well as on the rocedure for challenging unlawfully terminated leases and the limited extension of leases.

2 It may legislate to declare framework leases to be generally a licable. Such leases may be declared generally a licable only if they take a ro riate account of the justified interests of minorities and regional articularities, and res ect the rinci le of equality before the law.

34

101Swiss Confederation

Art. 110 Em loyment*

1 The Confederation may legislate on:

a. em loyee rotection;

b. relations between em loyer and em loyee, and in articular on common regulations on o erational and rofessional matters;

c. recruitment services;

d. the declaration of collective em loyment agreements to be generally a li- cable.

2 Collective em loyment agreements may be declared generally a licable only if they take a ro riate account of the justified interests of minorities and regional articularities, and they res ect the rinci le of equality before the law and the right

to form rofessional associations.

3 August 1 is the National Day of the Swiss Confederation. In terms of em loyment law, it is regarded as equivalent to a Sunday, with equivalent rights to ay.

Art. 111 Old-age, survivors’ and invalidity ension rovision

1 The Confederation shall take measures to ensure adequate financial rovision for the elderly, surviving s ouses and children, and ersons with disabilities. These shall be based on three illars, namely the Federal Old-age, Survivors’ and Invalidity Insurance, the occu ational ension scheme and rivate ension schemes.

2 The Confederation shall ensure that the Federal Old-age, Survivors’ and Invalidity Insurance and the occu ational ension scheme are able to fulfil their ur ose at all times.

3 It may require the Cantons to exem t institutions of the Federal Old-age, Survi- vors’ and Invalidity Insurance and the occu ational ension scheme from liability to ay tax and to grant insured ersons and their em loyers tax relief on contributions

and reversionary rights.

4 In coo eration with the Cantons, it shall encourage rivate ension schemes, in articular through measures relating to taxation olicy and the olicy of romoting ro erty ownershi .

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

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

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

a. the insurance is com ulsory;

* With transitional rovision

35

101 Federal Constitution

abis.51 it rovides cash and non-cash benefits;

b. ensions must be sufficient to cover basic living ex enses adequately;

c. the maximum ension must not be more than twice the minimum ension;

d. ensions must as a minimum be adjusted in line with rice trends.

3 The insurance is funded:

a. through contributions from those insured, whereby em loyers must ay one half of the contributions ayable by their em loyees;

b.52 through subsidies from the Confederation.

4 The subsidies from the Confederation may not exceed one half of the disburse- ments made under the scheme.53.

5 The subsidies from the Confederation shall in the first lace be funded from the net roceeds of the tax on tobacco, the tax on distilled s irits and the tax on the revenues

from gaming houses.

6 54…

Art. 112a55 Su lementary benefits

1 Confederation and Cantons shall ay su lementary benefits to eo le whose basic living ex enses are not covered by benefits under the Old-age, Survivors and Inva- lidity Insurance.

2 The law determines the extent of the su lementary benefits as well as the tasks and res onsibilities of the Confederation and Cantons.

51 Ado ted by the o ular vote on 28 Nov. 2004, in force since 1 Jan. 2008 (FCD of 3 Oct. 2003, FCD of 26 Jan. 2005, FCD of 7 Nov. 2007; AS 2007 5765; BBl 2002 2291, 2003 6591, 2005 951).

52 Ado ted by the o ular vote on 28 Nov. 2004, in force since 1 Jan. 2008 (FCD of 3 Oct. 2003, FCD of 26 Jan. 2005, FCD of 7 Nov. 2007; AS 2007 5765; BBl 2002 2291, 2003 6591, 2005 951).

53 Ado ted by the o ular vote on 28 Nov. 2004, in force since 1 Jan. 2008 (FCD of 3 Oct. 2003, FCD of 26 Jan. 2005, FCD of 7 Nov. 2007; AS 2007 5765; BBl 2002 2291, 2003 6591, 2005 951).

54 Re ealed by the o ular vote on 28 Nov. 2004, with effect from 1 Jan. 2008 (FCD of 3 Oct 2003, FCD of 26 Jan. 2005, FCD of 7 Nov. 2007; AS 2007 5765; BBl 2002 2291, 2003 6591, 2005 951).

55 Ado ted by the o ular vote on 28 Nov. 2004, in force since 1 Jan. 2008 (FCD of 3 Oct. 2003, FCD of 26 Jan. 2005, FCD of 7 Nov. 2007; AS 2007 5765; BBl 2002 2291, 2003 6591, 2005 951).

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101Swiss Confederation

Art. 112b56 Promoting the rehabilitation of eo le eligible for invalidity benefits*

1 The Confederation shall encourage the rehabilitation of eo le eligible for invalidi- ty benefits by roviding cash and non-cash benefits. For this ur ose, it may use resources from the Invalidity Insurance.

2 The Cantons shall encourage the rehabilitation of eo le eligible for invalidity benefits, in articular through contributions to the construction and running of institutions that rovide accommodation and work.

3 The law determines the goals of rehabilitation and the rinci les and criteria.

Art. 112c57 Aid for elderly eo le and eo le with disabilities*

1 The Cantons shall rovide for assistance and care in the home for elderly eo le and eo le with disabilities.

2 The Confederation shall su ort national efforts for the benefit of elderly eo le and eo le with disabilities. For this ur ose, it may use resources from the Old-age, Survivors and Invalidity Insurance.

Art. 113 Occu ational ension scheme*

1 The Confederation shall legislate for an occu ational ension scheme.

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

a. the occu ational ension scheme, together with the Old-age, Survivors’ and Invalidity Insurance, enables the insured erson to maintain his or her revi- ous lifestyle in an a ro riate manner.

b. the occu ational ension scheme is com ulsory for em loyees; the law may rovide for exce tions.

c. em loyers shall insure their em loyees with a ension institution; if re- quired, the Confederation shall make it ossible for em loyees to be insured with a federal ension institution.

d. self-em loyed ersons may insure themselves on a voluntary basis with a ension institution.

e. for s ecific grou s of self-em loyed ersons, the Confederation may declare the occu ational ension scheme to be com ulsory, either in general terms or for individual risks only.

56 Ado ted by the o ular vote on 28 Nov. 2004, in force since 1 Jan. 2008 (FCD of 3 Oct 2003, FCD of 26 Jan. 2005, FCD of 7 Nov. 2007; AS 2007 5765; BBl 2002 2291, 2003 6591, 2005 951).

* With transitional rovision. 57 Ado ted by the o ular vote on 28 Nov. 2004, in force since 1 Jan. 2008 (FCD of

3 Oct 2003, FCD of 26 Jan. 2005, FCD of 7 Nov. 2007; AS 2007 5765; BBl 2002 2291, 2003 6591, 2005 951).

* With transitional rovision. * With transitional rovision

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101 Federal Constitution

3 The occu ation ension scheme is funded from the contributions of those insured, whereby em loyers must ay a minimum of one half of the contributions of their em loyees.

4 Pension schemes must satisfy the minimum requirements under federal law; the Confederation may rovide for national measures to resolve articular difficulties.

Art. 114 Unem loyment insurance

1 The Confederation shall legislate on unem loyment insurance.

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

a. the insurance guarantees a ro riate com ensation for loss of earnings and su orts measures to revent and combat unem loyment;

b. the insurance is com ulsory for em loyees; the law may rovide for exce - tions;

c. self-em loyed ersons may insure themselves voluntarily.

3 The insurance is funded by the contributions from those insured, whereby one half of the contributions of em loyees shall be aid by their em loyers.

4 Confederation and Cantons shall rovide subsidies in extraordinary circumstances.

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

Art. 115 Su ort for ersons in need

Persons in need shall be su orted by their Canton of residence. The Confederation regulates exce tions and owers.

Art. 116 Child allowances and maternity insurance

1 In the fulfilment of its duties, the Confederation shall take account of the needs of families. It may su ort measures for the rotection of families.

2 It may issue regulations on child allowances and o erate a federal family allow- ances com ensation fund.

3 It shall establish a maternity insurance scheme. It may also require ersons who cannot benefit from that insurance to make contributions.

4 The Confederation may declare artici ation in a family allowances com ensation fund and the maternity insurance scheme to be com ulsory, either in general terms or for individual sections of the o ulation, and make its subsidies de endent on a ro riate subsidies being made by the Cantons.

Art. 117 Health and accident insurance

1 The Confederation shall legislate on health and accident insurance.

2 It may declare health and the accident insurance to be com ulsory, either in gen- eral terms or for individual sections of the o ulation.

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101Swiss Confederation

Art. 117a58 Primary medical care

1 The Confederation and the Cantons shall within the sco e of their owers ensure the adequate rovision of high quality rimary medical care that is accessible to all. They shall recognise and romote family medicine as an essential com onent of rimary care.

2 The Confederation shall legislate on:

a. basic and continuing education and training for family medicine rofessions and the requirements for ractising these rofessions;

b. a ro riate remuneration for family medicine services.

Art. 118 Health rotection

1 The Confederation shall, within the limits of its owers, take measures for the rotection of health.

2 It shall legislate on:

a. the use of foodstuffs as well as thera eutic roducts, narcotics, organisms, chemicals and items that may be dangerous to health;

b. the combating of communicable, wides read or articularly dangerous hu- man and animal diseases;

c. rotection against ionising radiation.

Art. 118a59 Com lementary medicine

The Confederation and the Cantons shall within the sco e of their owers ensure that consideration is given to com lementary medicine.

Art. 118b60 Research on human beings

1 The Confederation shall legislate on research on human beings where this is re- quired in order to rotect their dignity and rivacy. In doing so, it shall reserve the freedom to conduct research and shall take account of the im ortance of research to health and society.

2 The Confederation shall adhere to the following rinci les in relation to biological and medical research involving human beings:

58 Ado ted by the o ular vote on 18 May 2014, in force since 18 May 2014 (FedD of 19 Se t. 2013, FCD of 18 Aug. 2014; AS 2014 2769; BBl 2010 2939, 2011 7553, 2013 7347, 2014 6349).

59 Ado ted by the o ular vote on 17 May 2009, in force since 17 May 2009 (FedD of 3 Oct. 2008, FCD of 21 Oct. 2009; AS 2009 5325; BBl 2005 6001, 2006 7591, 2008 8229, 2009 7539).

60 Ado ted by the o ular vote on 7 March 2010, in force since 7 March 2010 (FedD of 25 Se t. 2009, FCD of 15 A ril 2010; AS 2010 1569; BBl 2007 6713, 2009 6649, 2010 2625).

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101 Federal Constitution

a. It is a requirement for any research roject that the artici ants or their legal re resentatives have given their informed consent. The law may rovide for exce tions. A refusal is binding in every case.

b. The risks and stress for the artici ants must not be dis ro ortionate to the benefits of the research roject.

c. A research roject involving ersons lacking the ca acity to consent may be conducted only if findings of equal value cannot be obtained from research involving ersons who have the ca acity to consent. If the research roject is not ex ected to bring any immediate benefit to the ersons lacking the ca- acity to consent, the risks and stress must be minimal.

d. An inde endent assessment of the research roject must have determined that the safety of the artici ants is guaranteed.

Art. 119 Re roductive medicine and gene technology involving human beings

1 Human beings shall be rotected against the misuse of re roductive medicine and gene technology.

2 The Confederation shall legislate on the use of human re roductive and genetic material. In doing so, it shall ensure the rotection of human dignity, rivacy and the family and shall adhere in articular to the following rinci les:

a. All forms of cloning and interference with the genetic material of human re- roductive cells and embryos are unlawful.

b. Non-human re roductive and genetic material may neither be introduced in- to nor combined with human re roductive material.

c.61 The rocedures for medically-assisted re roduction may be used only if in- fertility or the risk of transmitting a serious illness cannot otherwise be over- come, but not in order to conceive a child with s ecific characteristics or to further research; the fertilisation of human egg cells outside a woman’s body is ermitted only under the conditions laid down by the law; no more human egg cells may be develo ed into embryos outside a woman’s body than are required for medically-assisted re roduction.

d. The donation of embryos and all forms of surrogate motherhood are unlaw- ful.

e. The trade in human re roductive material and in roducts obtained from embryos is rohibited.

f. The genetic material of a erson may be analysed, registered or made ublic only with the consent of the erson concerned or if the law so rovides.

g. Every erson shall have access to data relating to their ancestry.

61 Ado ted by the o ular vote on 14 June 2015, in force since 14 June 2015 (FedD of 12 Dec. 2014, FCD of 21 Aug. 2015; AS 2015 2887; BBl 2013 5853, 2014 9675, 2015 6313).

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101Swiss Confederation

Art. 119a62 Trans lant medicine

1 The Confederation shall legislate in the field of organ, tissue and cell trans lants. In doing so, it shall ensure the rotection of human dignity, rivacy and health.

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

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

Art. 120 Non-human gene technology*

1 Human beings and their environment shall be rotected against the misuse of gene technology.

2 The Confederation shall legislate on the use of re roductive and genetic material from animals, lants 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 rotect the genetic diversity of animal and lant s ecies.

Section 9 Residence and Permanent Sett ement of Foreign Nationa s

Art. 121 Legislation on foreign nationals and asylum* 63

1 The Confederation is res onsible for legislation on entry to and exit from Switzer- land, the residence and the ermanent settlement of foreign nationals and on the granting of asylum.

2 Foreign nationals may be ex elled from Switzerland if they ose a risk to the security of the country.

3 Irres ective 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:

a. are convicted with legal binding effect of an offence of intentional homicide, ra e or any other serious sexual offence, any other violent offence such as robbery, the offences of trafficking in human beings or in drugs, or a burgla- ry offence; or

b. have im ro erly claimed social insurance or social assistance benefits.64

62 Ado ted by the o ular vote on 7 Feb. 1999, in force since 1 Jan 2000 (FedD of 26 June 1998, FCD of 23 March 1999; AS 1999 1341; BBl 1997 III 653, 1998 3473, 1999 2912 8768).

* With transitional rovision * With transitional rovision. 63 Ado ted by the o ular vote on 9 Feb. 2014, in force since 9 Feb. 2014 (FedD of

27 Se t. 2013, FCD of 13 May 2014; AS 2014 1391; BBl 2011 6269, 2012 3869, 2013 291 7351, 2014 4117).

64 Ado ted by the o ular vote on 28 Nov. 2010, in force since 28 Nov. 2010 (FedD of 18 June 2010, FCD of 17 March 2011; AS 2011 1199; BBl 2008 1927, 2009 5097, 2010 4241, 2011 2771).

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101 Federal Constitution

4 The legislature shall define the offences covered by aragra h 3 in more detail. It may add additional offences.65

5 Foreign nationals who lose their right of residence and all other legal rights to remain in Switzerland in accordance with aragra hs 3 and 4 must be de orted from Switzerland by the com etent authority and must be made subject to a ban on entry of from 5–15 years. In the event of reoffending, the ban on entry is for 20 years.66

6 Any erson who fails to com ly with the ban on entry or otherwise enters Switzer- land illegally commits an offence. The legislature shall issue the relevant rovi- sions.67

Art. 121a68 Control of immigration*

1 Switzerland shall control the immigration of foreign nationals autonomously.

2 The number of residence ermits for foreign nationals in Switzerland shall be restricted by annual quantitative limits and quotas. The quantitative limits a ly to all ermits issued under legislation on foreign nationals, including those related to asylum matters. The right to ermanent residence, family reunification and social benefits may be restricted.

3 The annual quantitative limits and quotas for foreign nationals in gainful em loy- ment must be determined according to Switzerland's general economic interests, while giving riority to Swiss citizens; the limits and quotas must include cross- border commuters. The decisive criteria for granting residence ermits are rimarily a a lication from an em loyer, ability to integrate, and adequate, inde endent means of subsistence.

4 No international agreements may be concluded that breach this Article.

5 The law shall regulate the details.

65 Ado ted by the o ular vote on 28 Nov. 2010, in force since 28 Nov. 2010 (FedD of 18 June 2010, FCD of 17 March 2011; AS 2011 1199; BBl 2008 1927, 2009 5097, 2010 4241, 2011 2771).

66 Ado ted by the o ular vote on 28 Nov. 2010, in force since 28 Nov. 2010 (FedD of 18 June 2010, FCD of 17 March 2011; AS 2011 1199; BBl 2008 1927, 2009 5097, 2010 4241, 2011 2771).

67 Ado ted by the o ular vote on 28 Nov. 2010, in force since 28 Nov. 2010 (FedD of 18 June 2010, FCD of 17 March 2011; AS 2011 1199; BBl 2008 1927, 2009 5097, 2010 4241, 2011 2771).

68 Ado ted by the o ular vote on 9 Feb. 2014, in force since 9 Feb. 2014 (FedD of 27 Se t. 2013, FCD of 13 May 2014; AS 2014 1391; BBl 2011 6269, 2012 3869, 2013 291 7351, 2014 4117).

* With transitional rovision.

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101Swiss Confederation

Section 10 Civi Law, Crimina Law, Weights and Measures

Art. 12269 Civil law

1 The Confederation is res onsible for legislation in the field of civil law and the law of civil rocedure.

2 The Cantons are res onsible for the organisation of the courts and the administra- tion of justice in civil matters, unless the law rovides otherwise.

Art. 12370 Criminal law

1 The Confederation is res onsible for legislation in the field of criminal law and the law of criminal rocedure.

2 The Cantons are res onsible for the organisation of the courts, the administration of justice in criminal cases as well as for the execution of enalties and measures, unless the law rovides otherwise.

3 The Confederation may issue regulations on the execution of enalties and measures. It may grant subsidies to the Cantons for:

a. the construction of enal institutions;

b. im rovements in the execution of enalties and measures;

c. institutions that conduct educative measures for the benefit of children, ado- lescents and young adults.71

Art. 123a72

1 If a sex offender or violent offender is regarded in the re orts required for sentenc- ing 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 tem orary licence are not ermitted.

2 Only if new scientific findings rove that the offender can be cured and thus no longer re resents a danger to the ublic can new re orts be drawn u . If the offender is released on the basis of these new re orts, the authorities granting his or her release must acce t liability if he reoffends.

69 Ado ted by the o ular vote on 12 March 2000, in force since 1 Jan. 2007 (FedD of 8 Oct. 1999, FCD of 17 May 2000, FedD of 8 March 2005; AS 2002 3148, 2006 1059; BBl 1997 I 1, 1999 8633, 2000 2990, 2001 4202).

70 Ado ted by the o ular vote on 12 March 2000, in force since 1 A ril 2003 (FCD of 8 Oct. 1999, FCD of 17 May 2000, FCD of 24 Se t. 2002; AS 2002 3148; BBl 1997 I 1, 1999 8633, 2000 2990, 2001 4202).

71 Ado ted by the o ular vote on 28 Nov. 2004, in force since 1 Jan. 2008 (FCD of 3 Oct 2003, FCD of 26 Jan. 2005, FCD of 7 Nov. 2007; AS 2007 5765; BBl 2002 2291, 2003 6591, 2005 951).

72 Ado ted by the o ular vote on 8 Feb. 2004, in force since 8 Feb. 2004 (FedD of 20 June 2003, FCD of 21 A ril 2004; AS 2004 2341; BBl 2000 3336, 2001 3433, 2003 4434, 2004 2199).

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101 Federal Constitution

3 All re orts assessing sex offenders or violent offenders must be drawn u by at least two ex erienced s ecialists who are inde endent of each other. The re orts must take account of all the rinci les that are im ortant for the assessment.

Art. 123b73 No time limit for the right to rosecute or for enalties for sexual or ornogra hy offences involving re ubescent children

The right to rosecute sexual or ornogra hy offences involving re ubescent children and the enalties for such offences is not subject to a time limit.

Art. 123c74 Measure relating to sexual offences involving children or ersons who are inca able of judgement or resistance

Persons convicted of harming the sexual integrity of a child or of a de endent erson shall ermanently lose the right to carry on a rofession or voluntary activity involv- ing minors or de endent ersons.

Art. 124 Victim su ort

The Confederation and the Cantons shall ensure that ersons who have suffered harm to their hysical, mental or sexual integrity as the result of a criminal act receive su ort and are adequately com ensated if they ex erience financial diffi- culties as a result of that criminal act.

Art. 125 Weights and measures

The Confederation is res onsible for legislation on weights and measures.

Chapter 3 Financia System

Art. 12675 Financial management

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

2 The ceiling for total ex enditure that is to be a roved in the budget is based on the ex ected income after taking account of the economic situation.

3 Exce tional financial requirements may justify an a ro riate increase in the ceiling in terms of aragra h 2. The Federal Assembly shall decide on any increase in accordance with Article 159 aragra h 3 letter c.

73 Ado ted by the o ular vote on 30 Nov. 2008, in force since 30 Nov. 2008 (FedD of 13 June 2008, FCD of 23 Jan. 2009; AS 2009 471; BBl 2006 3657, 2007 5369, 2008 5245, 2009 605).

74 Ado ted by the o ular vote on 18 May 2014, in force since 18 May 2014 (FCD of 20 Feb. 2014; AS 2014 2771; BBl 2009 7021, 2011 4435, 2012 8819, 2014 6349 1779).

75 Ado ted by the o ular vote on 2 Dec. 2001, in force since 2 Dec. 2001 (FedD of 22 June 2001, FCD of 4 Feb. 2002; AS 2002 241; BBl 2000 4653, 2001 2387 2878, 2002 1209).

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101Swiss Confederation

4 If the total ex enditure in the federal accounts exceeds the ceiling in terms of aragra hs 2 or 3, com ensation for this additional ex enditure must be made in

subsequent years.

5 The details are regulated by law.

Art. 127 Princi les of taxation

1 The main structural features of any tax, in articular those liable to ay tax, the object of the tax and its assessment, are regulated by law.

2 Provided the nature of the tax ermits it, the rinci les of universality and uni- formity of taxation as well as the rinci le of taxation according to ability to ay are a lied.

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

Art. 128 Direct taxes*

1 The Confederation may levy a direct tax:

a. of a maximum of 11.5 er cent on the income of rivate individuals;

b.76 of a maximum of 8.5 er cent of the net rofit of legal entities;

c.77 …

2 The Confederation, in fixing the taxation rates, shall take account of the burden of direct taxation im osed by the Cantons and communes.

3 In relation to the tax on the income of rivate individuals, regular revisions shall be made to com ensate for the consequences of an increased tax burden due to infla- tion.

4 The tax is assessed and collected by the Cantons. A minimum of 17 er cent of the gross revenue from taxation is allocated to the Cantons. This share may be reduced to 15 er cent if the consequences of financial equalisation so require.78

Art. 129 Tax harmonisation

1 The Confederation shall set out rinci les on the harmonisation of the direct taxes im osed by the Confederation, the Cantons and the communes; it shall take account of the efforts towards harmonisation made by the Cantons.

* With transitional rovision 76 Ado ted by the o ular vote on 28 Nov. 2004, in force since 1 Jan. 2007 (FedD of

19 March 2004, FCD of 26 Jan. 2005, FCD of 2 Feb. 2006; AS 2006 1057; BBl 2003 1531, 2004 1363, 2005 951).

77 Re ealed by the o ular vote on 28 Nov. 2004, with effect from 1 Jan. 2007 (FedD of 19 March 2004, FCD of 26 Jan. 2005, FCD of 2 Feb. 2006; AS 2006 1057; BBl 2003 1531, 2004 1363, 2005 951).

78 Ado ted by the o ular vote on 28 Nov. 2004, in force since 1 Jan. 2008 (FCD of 3 Oct 2003, FCD of 26 Jan. 2005, FCD of 7 Nov. 2007; AS 2007 5765; BBl 2002 2291, 2003 6591, 2005 951).

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2 Harmonisation shall extend to tax liability, the object of the tax and the tax eriod, rocedural law and the law relating to tax offences. Matters excluded from harmoni-

sation shall include in articular tax scales, tax rates and tax allowances.

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

Art. 13079 Value added tax*

1 The Confederation may levy value added tax on the su ly of goods, on services, including goods and services for ersonal use, and on im orts, at a standard rate of a maximum of 6.5 er cent and at a reduced rate of at least 2.0 er cent.

2 The law may rovide for the taxation of accommodation services at a rate between the reduced rate and the standard rate.80

3 If, due to demogra hic 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 ercentage oint and the reduced rate by a maximum of 0.3 of a ercentage oint.81

3bis In order to finance railway infrastructure, the rates shall be increased by 0.1 of a ercentage oint.82

4 5 er cent of the non-earmarked revenues shall be used to reduce the health insur- ance remiums of ersons on low incomes, unless an alternative method of assisting such ersons is rovided for by law.

Art. 131 S ecial consum tion taxes*

1 The Confederation may level s ecial consum tion taxes on:

a. tobacco and tobacco roducts;

b. distilled s irits;

c. beer;

d. automobiles and their arts;

79 Ado ted by the o ular vote on 28 Nov. 2004, in force since 1 Jan. 2007 (FedD of 19 March 2004, FCD of 26 Jan. 2005, FCD of 2 Feb. 2006; AS 2006 1057; BBl 2003 1531, 2004 1363, 2005 951).

* With transitional rovision 80 The legislature has made use of this ower; see Art. 25 ara. 4 of the Value Added Tax

Act of 12 June 2009 (SR 641.20), under which the rate of value added tax amounts to 3.7% (s ecial rate for accommodation services), valid from 1 Jan. 2018 until 31 Dec. 2027.

81 The legislature has made use of this ower; see Art. 25 ara. 1 and 2 of the Value Added Tax Act of 12 June 2009 (SR 641.20) under which the rates of value added tax amounts to 7.7% (standard rate) and 2.5% (reduced rate) valid from 1 Jan. 2018 until 31 Dec. 2027.

82 Ado ted by the o ular vote on 9 Feb. 2014, in force since 1 Jan. 2016 (FedD of 20 June 2013, FCD of 13 May 2014, FCD of 2 June 2014, FCD of 6 June 2014; AS 2015 645; BBl 2010 6637, 2012 1577, 2013 4725 6518, 2014 4113 4117).

* With transitional rovision

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e. etroleum, other mineral oils, natural gas and roducts obtained by refining these resources, as well as on motor fuels.

2 It may also levy:

a. a surcharge on the consum tion tax on motor fuels with the exce tion of aviation fuels;

b. a charge that a lies when motor vehicles are owered by means other than motor fuels in accordance with aragra h 1 letter e.83

2bis If the monies are insufficient to carry out the tasks rovided for under Article 87b in connection with air traffic, the Confederation shall levy a surcharge on the consum tion tax on aviation fuels.84

3 The Cantons shall receive ten er cent of the net roceeds from the taxation of distilled s irits. These funds must be used to fight the causes and effects of sub- stance addiction.

Art. 132 Stam duty and withholding tax

1 The Confederation may levy a stam duty on securities, on recei ts for insurance remiums and on other commercial deeds; deeds relating to ro erty and mortgage

transactions are exem t from stam duty.

2 The Confederation may levy a withholding tax on income from moveable ca ital assets, on lottery winnings and on insurance benefits. 10 er cent of the tax revenue shall be allocated to the Cantons.85

Art. 133 Customs duties

The Confederation is res onsible 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 exem t from value added tax, s ecial consum tion taxes, stam duty or withholding tax may not be made liable to similar taxes by the Cantons or communes.

83 Ado ted by the o ular vote on 12 Feb. 2017, in force since 1 Jan. 2018 (FedD of 30 Se t. 2016, FCD of 10 Nov. 2016 – AS 2017 6731; BBl 2015 2065, 2016 7587, 2017 3387).

84 Ado ted by the o ular vote on 12 Feb. 2017, in force since 1 Jan. 2018 (FedD of 30 Se t. 2016, FCD of 10 Nov. 2016 – AS 2017 6731; BBl 2015 2065, 2016 7587, 2017 3387).

85 Ado ted by the o ular vote on 28 Nov. 2004, in force since 1 Jan. 2008 (FCD of 3 Oct 2003, FCD of 26 Jan. 2005, FCD of 7 Nov. 2007; AS 2007 5765; BBl 2002 2291, 2003 6591, 2005 951).

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Art. 13586 Equalisation of financial resources and burdens

1 The Confederation shall issue regulations on the equitable equalisation of financial resources and burdens between the Confederation and the Cantons as well as among the Cantons.

2 The equalisation of financial resources and burdens is intended in articular to:

a. reduce the differences in financial ca acity among the Cantons;

b. guarantee the Cantons a minimum level of financial resources;

c. com ensate for excessive financial burdens on individual Cantons due to geo-to ogra hical or socio-demogra hic factors;

d. encourage intercantonal coo eration on burden equalisation;

e. maintain the tax com etitiveness of the Cantons by national and internation- al com arison.

3 The funds for the equalisation of financial resources shall be rovided by those Cantons with a higher level of resources and by the Confederation. The ayments made by those Cantons with a higher level of resources shall amount to a minimum of two thirds and a maximum of 80 er cent of the ayments made by the Confeder- ation.

Tit e 4 The Peop e and the Cantons

Chapter 1 Genera Provisions

Art. 136 Political rights

1 All Swiss citizens over the age of eighteen, unless they lack legal ca acity due to mental illness or mental inca acity, have olitical rights in federal matters. All citizens have the same olitical rights and duties.

2 They may artici ate in elections to the National Council and in federal o ular votes, and launch or sign o ular initiatives and requests for referendums in federal matters.

Art. 137 Political arties

The olitical arties shall contribute to forming the o inion and will of the Peo le.

86 Ado ted by the o ular vote on 28 Nov. 2004, in force since 1 Jan. 2008 (FCD of 3 Oct 2003, FCD of 26 Jan. 2005, FCD of 7 Nov. 2007; AS 2007 5765; BBl 2002 2291, 2003 6591, 2005 951).

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Chapter 2 Initiative and Referendum

Art. 138 Po ular initiative requesting the total revision of the Federal Constitution

1 Any 100,000 ersons eligible to vote may within 18 months of the official ublica- tion of their initiative ro ose a total revision of the Federal Constitution.87

2 This ro osal must be submitted to a vote of the Peo le.

Art. 13988 Po ular initiative requesting a artial revision of the Federal Constitution in s ecific terms

1 Any 100,000 ersons eligible to vote may within 18 months of the official ublica- tion of their initiative request a artial revision of the Federal Constitution.

2 A o ular initiative for the artial revision of the Federal Constitution may take the form of a general ro osal or of a s ecific draft of the rovisions ro osed.

3 If the initiative fails to com ly with the requirements of consistency of form, and of subject matter, or if it infringes mandatory rovisions of international law, the Federal Assembly shall declare it to be invalid in whole or in art.

4 If the Federal Assembly is in agreement with an initiative in the form of a general ro osal, it shall draft the artial revision on the basis of the initiative and submit it

to the vote of the Peo le and the Cantons. If the Federal Assembly rejects the initia- tive, it shall submit it to a vote of the Peo le; the Peo le shall decide whether the initiative should be ado ted. If they vote in favour, the Federal Assembly shall draft the corres onding bill.

5 An initiative in the form of a s ecific draft shall be submitted to the vote of the Peo le and the Cantons. The Federal Assembly shall recommend whether the initia- tive should be ado ted or rejected. It may submit a counter- ro osal to the initiative.

87 Ado ted by the o ular vote on 9 Feb. 2003, in force since 1 Aug. 2003 (FedD of 4 Oct. 2002, FCD of 25 March 2003, FedD of 19 June 2003; AS 2003 1949; BBl 2001 4803 6080, 2002 6485, 2003 3111 3954 3960).

88 Ado ted by the o ular vote on 27 Se t. 2009, in force since 27 Se t. 2009 (FedD of 19 Dec. 2008, FCD of 1 Dec. 2009; AS 2009 6409; BBl 2008 2891 2907, 2009 13 8719).

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Art. 139a89

Art. 139b90 Procedure a licable to an initiative and counter- ro osal

1 The Peo le vote on the initiative and the counter- ro osal at the same time.91

2 The Peo le may vote in favour of both ro osals. In res onse to the third question, they may indicate the ro osal that they refer if both are acce ted.

3 If in res onse to the third question one ro osal to amend the Constitution receives more votes from the Peo le and the other more votes from the Cantons, the ro osal that comes into force is that which achieves the higher sum if the ercentage of votes of the Peo le and the ercentage of votes of the Cantons in the third question are added together.

Art. 140 Mandatory referendum

1 The following must be ut to the vote of the Peo le and the Cantons:

a. amendments to the Federal Constitution;

b. accession to organisations for collective security or to su ranational com- munities;

c. emergency federal acts that are not based on a rovision of the Constitution and whose term of validity exceeds one year; such federal acts must be ut to the vote within one year of being assed by the Federal Assembly.

2 The following are submitted to a vote of the Peo le:

a. o ular initiatives for a total revision of the Federal Constitution;

abis 92. …

b.93 o ular initiatives for a artial revision of the Federal Constitution in the form of a general ro osal that have been rejected by the Federal Assembly;

89 Ado ted by the o ular vote on 9 Feb. 2003 (FedD of 4 Oct. 2002, FCD of 25 March 2003; AS 2003 1949; BBl 2001 4803 6080, 2002 6485, 2003 3111). Re ealed in the Po ular Vote on 27 Se t. 2009, with effect from 27 Se t. 2009 (FedD of 19 Dec. 2008, FCD of 1 Dec. 2009; AS 2009 6409; BBl 2008 2891 2907, 2009 13 8719). This article in its version in the FedD of 4 Oct. 2002 never came into force.

90 Ado ted by the o ular vote on 9 Feb. 2003, ara. 2 und 3 in force since 1 Aug. 2003 (FedD of 4 Oct. 2002, FCD of 25 March 2003, FedD of 19 June 2003; AS 2003 1949; BBl 2001 4803 6080, 2002 6485, 2003 3111 3954 3960). Para. 1 in its version in the FedD of 4 Oct. 2002 never came into force.

91 Ado ted by the o ular vote on 27 Se t. 2009, in force since 27 Se t. 2009 (FedD of 19 Dec. 2008, FCD of 1 Dec. 2009; AS 2009 6409; BBl 2008 2891 2907, 2009 13 8719).

92 Ado ted by the o ular vote on 9 Feb. 2003 (FedD of 4 Oct. 2002, FCD of 25 March 2003; AS 2003 1949; BBl 2001 4803 6080, 2002 6485, 2003 3111). Re ealed in the Po ular Vote on 27 Se t. 2009, with effect from 27 Se t. 2009 (FedD of 19 Dec. 2008, FCD of 1 Dec. 2009; AS 2009 6409; BBl 2008 2891 2907, 2009 13 8719). This let. in its version of FedD of 4 Oct. 2002 never came into force.

93 Ado ted by the o ular vote on 27 Se t. 2009, in force since 27 Se t. 2009 (FedD of 19 Dec. 2008, FCD of 1 Dec. 2009; AS 2009 6409; BBl 2008 2891 2907, 2009 13 8719).

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c. the question of whether a total revision of the Federal Constitution should be carried out, in the event that there is disagreement between the two Councils.

Art. 141 O tional referendum

1 If within 100 days of the official ublication of the enactment any 50,000 ersons eligible to vote or any eight Cantons request it, the following shall be submitted to a vote of the Peo le:94

a. federal acts;

b. emergency federal acts whose term of validity exceeds one year;

c. federal decrees, rovided the Constitution or an act so requires;

d. international treaties that:

1. are of unlimited duration and may not be terminated,

2. rovide for accession to an international organisation,

3.95 contain im ortant legislative rovisions or whose im lementation re- quires the enactment of federal legislation.

2 96…

Art. 141a97 Im lementation of international treaties

1 If the decision on ratification of an international treaty is subject to a mandatory referendum, the Federal Assembly may incor orate in the decision on ratification the amendments to the Constitution that rovide for the im lementation of the treaty.

2 If the decision on ratification of an international treaty is subject to an o tional referendum, the Federal Assembly may incor orate in the decision on ratification the amendments to the law that rovide for the im lementation of the treaty.

Art. 142 Required majorities

1 Pro osals that are submitted to the vote of the Peo le are acce ted if a majority of those who vote a rove them.

2 Pro osals that are submitted to the vote of the Peo le and Cantons are acce ted if a majority of those who vote and a majority of the Cantons a rove them.

94 Ado ted by the o ular vote on 9 Feb. 2003, in force since 1 Aug. 2003 (FedD of 4 Oct. 2002, FCD of 25 March 2003, FedD of 19 June 2003; AS 2003 1949; BBl 2001 4803 6080, 2002 6485, 2003 3111 3954 3960).

95 Ado ted by the o ular vote on 9 Feb. 2003, in force since 1 Aug. 2003 (FedD of 4 Oct. 2002, FCD of 25 March 2003, FedD of 19 June 2003; AS 2003 1949; BBl 2001 4803 6080, 2002 6485, 2003 3111 3954 3960).

96 Re ealed by the o ular vote on 9 Feb. 2003, with effect from 1 Aug. 2003 (FedD of 4 Oct. 2002, FCD of 25. March 2003, FedD of 19 June 2003; AS 2003 1949; BBl 2001 4803 6080, 2002 6485, 2003 3111 3954 3960).

97 Ado ted by the o ular vote on 9 Feb. 2003, in force since 1 Aug. 2003 (FedD of 4 Oct. 2002, FCD of 25 March 2003, FedD of 19 June 2003; AS 2003 1949; BBl 2001 4803 6080, 2002 6485, 2003 3111 3954 3960).

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101 Federal Constitution

3 The result of a o ular vote in a Canton determines the vote of the Canton.

4 The Cantons of Obwalden, Nidwalden, Basel-Stadt, Basel-Landschaft, A enzell Ausserrhoden and A enzell Innerrhoden each have half a cantonal vote.

Tit e 5 Federa Authorities

Chapter 1 Genera Provisions

Art. 143 Eligibility for election

Any erson eligible to vote may be elected to the National Council, the Federal Council or the Federal Su reme Court.

Art. 144 Incom atibility

1 No member of the National Council, of the Council of States, of the Federal Coun- cil or judge of the Federal Su reme Court may at the same time be a member of any other of these bodies.

2 No member of the Federal Council or full-time judges of the Federal Su reme Court may hold any other federal or cantonal office or undertake any other gainful economic activity.

3 The law may rovide for further forms of incom atibility.

Art. 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 Fed- eral Su reme Court have a term of office of six years.

Art. 146 State liability

The Confederation shall be liable for damage or loss unlawfully caused by its organs in the exercise of official activities.

Art. 147 Consultation rocedure

The Cantons, the olitical arties and interested grou s shall be invited to ex ress their views when re aring im ortant legislation or other rojects of substantial im act as well as in relation to significant international treaties.

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Chapter 2 Federa Assemb y

Section 1 Organisation

Art. 148 Status

1 Subject to the rights of the Peo le and the Cantons, the Federal Assembly is the su reme authority of the Confederation.

2 The Federal Assembly com rises two chambers, the National Council and the Council of States; both chambers shall be of equal standing.

Art. 149 Com osition and election of the National Council

1 The National Council is com osed of 200 re resentatives of the Peo le.

2 The re resentatives are elected directly by the Peo le according to a system of ro ortional re resentation. A general election is held every four years.

3 Each Canton constitutes an electoral constituency.

4 The seats are allocated to the Cantons according to their relative o ulations. Each Canton has at least one seat.

Art. 150 Com osition and election of the Council of States

1 The Council of States is com osed of 46 re resentatives of the Cantons.

2 The Cantons of Obwalden, Nidwalden, Basel-Stadt, Basel-Landschaft, A enzell Ausserrhoden and A enzell Innerrhoden each elect one re resentative; the other Cantons each elect two re resentatives.

3 The Cantons determine the rules for the election of their re resentatives to the Council of States.

Art. 151 Sessions

1 The Councils convene in session regularly. The convening of sessions is governed by law.

2 The Federal Council or one quarter of the members of either Council may request that the Councils be convened for an extraordinary session.

Art. 152 Presidency

Each Council 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 follow- ing year is not ermitted.

Art. 153 Parliamentary committees

1 Each Council forms committees from its members.

2 The law may rovide for joint committees.

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101 Federal Constitution

3 The law may delegate s ecific owers, which may not be legislative in their nature, to committees.

4 In order to fulfil their duties, the committees have the right to information and to ins ect documents and the ower to conduct investigations. The extent of such rights and owers is governed by the law.

Art. 154 Parliamentary grou s

The members the Federal Assembly may form arliamentary grou s.

Art. 155 Parliamentary Services

The Federal Assembly has arliamentary services at its dis osal. It may call on the services of offices of the Federal Administration. The details are regulated by law.

Section 2 Procedure

Art. 156 Se arate roceedings

1 The roceedings of the National Council and Council of States take lace se arate- ly.

2 Decisions of the Federal Assembly require the agreement of both Chambers.

3 Provision shall be made by the law to ensure that in the event of disagreement between the Councils decisions are made on:

a. the validity or artial invalidity of a o ular initiative;

b.98 the im lementation of a o ular initiative in the form of a general ro osal that has been ado ted by the Peo le;

c.99 the im lementation of a Federal Decree initiating a total revision of the Fed- eral Constitution that has been a roved by the Peo le;

d. the budget or any amendment to it.100

Art. 157 Joint roceedings

1 The National Council and Council of States hold joint roceedings as the United Federal Assembly under the residency of the President of the National Council in order to:

98 Ado ted by the o ular vote on 27 Se t. 2009, in force since 27 Se t. 2009 (FedD of 19 Dec. 2008, FCD of 1 Dec. 2009; AS 2009 6409; BBl 2008 2891 2907, 2009 13 8719).

99 Ado ted by the o ular vote on 27 Se t. 2009, in force since 27 Se t. 2009 (FedD of 19 Dec. 2008, FCD of 1 Dec. 2009; AS 2009 6409; BBl 2008 2891 2907, 2009 13 8719).

100 Ado ted by the o ular vote on 9 Feb. 2003, lets. a and d in force since 1 Aug. 2003 (FedD of 4 Oct. 2002, FCD of 25 March 2003, FedD of 19 June 2003; AS 2003 1949; BBl 2001 4803 6080, 2002 6485, 2003 3111 3954 3960).

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101Swiss Confederation

a. conduct elections;

b. decide on conflicts of jurisdiction between the highest federal authorities;

c. decide on a lications for ardons.

2 The United Federal Assembly also convenes for s ecial events and to hear declara- tions made by the Federal Council.

Art. 158 Public meetings

Meetings of the Councils are held in ublic. The law may rovide for exce tions.

Art. 159 Quorum and required majority

1 The Councils are quorate if a majority of their members is resent.

2 Decisions are taken in both Chambers and in the United Federal Assembly by the majority of those who vote.

3 However, the consent of an absolute majority of the members of each of the two Councils is required for:

a. a declaration that a federal act is urgent;

b. rovisions on subsidies, guarantee credits or s ending ceilings that involve new non-recurrent ex enditure of more than 20 million francs or new recur- rent ex enditure of more than 2 million francs;

c.101 an increase in overall ex enditure in the case of extraordinary financial re- quirements in terms of Article 126 aragra h 3.

4 The Federal Assembly may, by ordinance, adjust subsidies made in terms of ara- gra h 3 letter b in line with inflation.102

Art. 160 Right to submit initiatives and motions

1 Any Council member, arliamentary grou , arliamentary committee or Canton has the right to submit an initiative to the Federal Assembly.

2 Council members and the Federal Council have the right to submit motions on business that is under discussion.

Art. 161 Prohibition of voting instructions

1 No member of the Federal Assembly may vote on the instructions of another erson.

2 Members must disclose their links to interest grou s.

101 Ado ted by the o ular vote on 2 Dec. 2001, in force since 2 Dec. 2001 (FedD of 22 June 2001, FCD of 4 Feb. 2002; AS 2002 241; BBl 2000 4653, 2001 2387 2878, 2002 1209).

102 Ado ted by the o ular vote on 2 Dec. 2001, in force since 2 Dec. 2001 (FedD of 22 June 2001, FCD of 4 Feb. 2002; AS 2002 241; BBl 2000 4653, 2001 2387 2878, 2002 1209).

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101 Federal Constitution

Art. 162 Immunity

1 The members of the Federal Assembly and the Federal Council as well as the Federal Chancellor may not be held liable for statements that they make in the Assembly or in its organs.

2 The law may rovide for further forms of immunity and extend its sco e to include other ersons.

Section 3 Powers

Art. 163 Form of Federal Assembly enactments

1 The Federal Assembly shall enact rovisions that establish binding legal rules in the form of federal acts or ordinances.

2 Other enactments are romulgated in the form of a federal decree; a federal decree that is not subject to a referendum is known as a “sim le federal decree”.

Art. 164 Legislation

1 All significant rovisions that establish binding legal rules must be enacted in the form of a federal act. These include in articular fundamental rovisions on:

a. the exercise of olitical rights;

b. the restriction of constitutional rights;

c. the rights and obligations of ersons;

d. those liable to ay tax as well as the subject matter and assessment of taxes and duties;

e. the duties and services of the Confederation;

f. the obligations of the Cantons in relation to the im lementation and en- forcement of federal law;

g. the organisation and rocedure of the federal authorities.

2 Legislative owers may be delegated by federal act unless this is rohibited by the Federal Constitution.

Art. 165 Emergency legislation

1 Federal acts whose coming into force cannot be delayed (emergency federal acts) may be declared urgent by an absolute majority of the members of each of the two Councils and be brought into force immediately. Such acts must be of limited dura- tion.

2 If a referendum is requested on an emergency federal act, the act must be re ealed one year after being assed by the Federal Assembly if it has not in the meantime been a roved by the Peo le.

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101Swiss Confederation

3 An emergency federal act that does not have the Constitution as its basis must be re ealed one year after being assed by the Federal Assembly if it has not in the meantime been a roved by the Peo le and the Cantons. Any such act must be of limited duration.

4 An emergency federal act that is not a roved in a o ular vote may not be re- newed.

Art. 166 Foreign relations and international treaties

1 The Federal Assembly shall artici ate in sha ing foreign olicy and su ervise the maintenance of foreign relations.

2 It shall a rove international treaties, with the exce tion of those that are conclud- ed by the Federal Council under a statutory rovision or an international treaty.

Art. 167 Finance

The Federal Assembly determines the ex enditure of the Confederation, ado t the budget and a rove the federal accounts.

Art. 168 A ointments

1 The Federal Assembly elects the members of the Federal Council, the Federal Chancellor, the judges of the Federal Su reme Court and, in times of war, the Com- mander-in-Chief of the armed forces ("the General").

2 The law may authorise the Federal Assembly to make or confirm other a oint- ments.

Art. 169 Oversight

1 The Federal Assembly exercises oversight over the Federal Council and the Feder- al Administration, the federal courts and other bodies entrusted with the tasks of the Confederation.

2 Official secrecy does not a ly in dealings with the s ecial delegations of su ervi- sory 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 articular the means by which the Federal Assembly may intervene in matters that fall within the remit of the Federal Council.

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101 Federal Constitution

Art. 172 Relations between the Confederation and the Cantons

1 The Federal Assembly shall ensure the maintenance of good relations between the Confederation and the Cantons.

2 It shall guarantee the cantonal constitutions.

3 It shall decide whether to a rove intercantonal agreements and treaties between Cantons and foreign countries where the Federal Council or a Canton raises an objection to any such treaty.

Art. 173 Further duties and owers

1 The Federal Assembly has the following additional duties and owers:

a. Taking measures to safeguard external security and the inde endence and neutrality of Switzerland.

b. Taking measures to safeguard internal security.

c. If extraordinary circumstances require, issuing ordinances or sim le federal decrees in order to fulfil its duties under letters (a) and (b).

d. Regulating active service and mobilising the armed forces or sections there- of for this ur ose.

e. Taking measures to enforce federal law.

f. Ruling on the validity of o ular initiatives that meet the formal require- ments.

g. Partici ating in the general lanning of state activities.

h. Deciding on individual acts where a federal act ex ressly so rovides.

i. Deciding on conflicts of jurisdiction between the highest federal authorities.

k. Issuing ardons and deciding on amnesties.

2 The Federal Assembly also deals with matters that fall within the remit of the Confederation and are not the res onsibility of any other authority.

3 Other duties and owers may be delegated by law to the Federal Assembly.

Chapter 3 Federa Counci and Federa Administration

Section 1 Organisation and Procedure

Art. 174 Federal Council

The Federal Council is the su reme governing and executive authority of the Con- federation.

Art. 175 Com osition and election

1 The Federal Council has seven members.

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101Swiss Confederation

2 The members of the Federal Council are elected by the Federal Assembly follow- ing each general election to the National Council.

3 They are elected for a term of office of four years. Any Swiss citizen eligible for election to the National Council may be elected to the Federal Council.103

4 In electing the Federal Council, care must be taken to ensure that the various geogra hical and language regions of the country are a ro riately re resented.104

Art. 176 Presidency

1 The President of the Confederation chairs the Federal Council.

2 The President and the Vice-President of the Federal Council are elected by the Federal Assembly from the members of the Federal Council for a term of office of one year.

3 Re-election for the following year is not ermitted. The President may not be elected Vice-President for the following year.

Art. 177 Princi le of collegiality and allocation to de artments

1 The Federal Council reaches its decisions as a collegial body.

2 For the ur oses of re aration and im lementation, the business of the Federal Council is allocated to its individual members according to de artment.

3 Business may be delegated to and directly dealt with by de artments or their sub- ordinate administrative units; in such cases, the right to legal recourse is guaranteed.

Art. 178 Federal Administration

1 The Federal Council is in charge of the Federal Administration. It ensures that it is organised a ro riately and that it fulfils its duties effectively.

2 The Federal Administration is organised into De artments; each De artment is headed by a member of the Federal Council.

3 Administrative tasks may by law be delegated to ublic or rivate organisations, entities or ersons that do not form art of the Federal Administration.

Art. 179 Federal Chancellery

The Federal Chancellery is the general administrative office of the Federal Council. It is headed by a Federal Chancellor.

103 Ado ted by the o ular vote on 7 Feb. 1999, in force since 1 Jan 2000 (FedD of 9 Oct. 1998, FCD of 2 March 1999; AS 1999 1239; BBl 1993 IV 554, 1994 III 1370, 1998 4800, 1999 2475 8768).

104 Ado ted by the o ular vote on 7 Feb. 1999, in force since 1 Jan 2000 (FedD of 9 Oct. 1998, FCD of 2 March 1999; AS 1999 1239; BBl 1993 IV 554, 1994 III 1370, 1998 4800, 1999 2475 8768).

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Section 2 Powers

Art. 180 Government olicy

1 The Federal Council decides on the objectives of federal government olicy and the means by which they should be achieved. It lans and coordinates state activi- ties.

2 It informs the general ublic fully and in good time about its activities, unless overriding ublic or rivate interests revent this.

Art. 181 Right to initiate legislation

The Federal Council submits drafts of Federal Assembly legislation to the Federal Assembly.

Art. 182 Law-making and im lementation of legislation

1 The Federal Council enacts legislative rovisions in the form of ordinances, ro- vided it has the authority to do so under the Constitution or the law.

2 It ensures the im lementation of legislation, the resolutions of the Federal Assem- bly and the judgments of federal judicial authorities.

Art. 183 Finances

1 The Federal Council draws u the financial lan and the draft budget and re are the federal accounts.

2 It ensures orderly financial management.

Art. 184 Foreign relations

1 The Federal Council is res onsible for foreign relations, subject to the right of artici ation of the Federal Assembly; it re resents Switzerland abroad.

2 It signs and ratifies international treaties. It submits them to the Federal Assembly for a roval.

3 Where safeguarding the interests of the country so requires, the Federal Council may issue ordinances and rulings. Ordinances must be of limited duration.

Art. 185 External and internal security

1 The Federal Council takes measures to safeguard external security, inde endence and neutrality of Switzerland.

2 It takes measures to safeguard internal security.

3 It may in direct a lication of this Article issue ordinances and rulings in order to counter existing or imminent threats of serious disru tion to ublic order or internal or external security. Such ordinances must be limited in duration.

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4 In cases of emergency, it may mobilise the armed forces. Where it mobilises more than 4,000 members of the armed forces for active service or where the de loyment of such troo s is ex ected to last for more than three weeks, the Federal Assembly must be convened without delay.

Art. 186 Relations between the Confederation and the Cantons

1 The Federal Council is res onsible for maintaining relations between the Confed- eration and the Cantons and collaborates with the latter.

2 It may a rove cantonal legislation when required to do so by federal law.

3 It may object to treaties between Cantons or between Cantons and foreign coun- tries.

4 It ensures com liance with federal law, as well as the cantonal constitutions and cantonal treaties and takes the measures required to fulfil this duty.

Art. 187 Further duties and owers

1 The Federal Council also has the following duties and owers:

a. Su ervising the Federal Administration and the other bodies entrusted with federal duties.

b. Re orting regularly to the Federal Assembly on the conduct of its business as well as on the situation in Switzerland.

c. Making a ointments that do not fall within the remit of other authorities.

d. Dealing with a eals, where the law so rovides.

2 Other duties and owers may be delegated by law to the Federal Council.

Chapter 4105 Federa Supreme Court and other Judicia Authorities

Art. 188 Status

1 The Federal Su reme Court is the su reme judicial authority of the Confederation.

2 Its organisation and rocedure are governed by law.

3 The Federal Su reme Court has its own administration.

Art. 189 Jurisdiction of the Federal Su reme Court

1 The Federal Su reme Court hears dis utes concerning violations of:

a. federal law;

b. international law;

105 Ado ted by the o ular vote on 12 March 2000, in force since 1 Jan. 2007 (FedD of 8 Oct. 1999, FCD of 17 May 2000, FedD of 8 March 2005; AS 2002 3148, 2006 1059; BBl 1997 I 1, 1999 8633, 2000 2990, 2001 4202).

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c. inter-cantonal law;

d. cantonal constitutional rights;

e. the autonomy of the communes and other cantonal guarantees in favour of ublic law cor orations;

f. federal and cantonal rovisions on olitical rights.

1bis 106…

2 It hears dis utes between the Confederation and Cantons or between Cantons.

3 The jurisdiction of the Federal Su reme Court may be extended by law.

4 Acts of the Federal Assembly or the Federal Council may not be challenged in the Federal Su reme Court. Exce tions may be rovided for by law.

Art. 190 A licable law

The Federal Su reme Court and the other judicial authorities a ly the federal acts and international law.

Art. 191 Access to the Federal Su reme Court

1 Access to the Federal Su reme Court is guaranteed by law.

2 For dis utes that do not relate to a legal issue of fundamental im ortance, the law may sti ulate a threshold for the amount in dis ute.

3 The law may exclude access to the Federal Su reme Court in relation to s ecific matters.

4 The law may rovide for a sim lified rocedure for a eals that are manifestly unfounded.

Art. 191a107 Other federal judicial authorities

1 The Confederation shall a oint a criminal court, which hears at first instance criminal cases that by law come under federal jurisdiction. The law may confer further owers on the Federal Criminal Court.

2 The Confederation shall a oint judicial authorities to hear ublic law dis utes that come under the jurisdiction of the Federal Administration.

3 The law may rovide for further federal judicial authorities.

106 Ado ted by the o ular vote on 9 Feb. 2003 (FedD of 4 Oct. 2002, FCD of 25 March 2003; AS 2003 1949; BBl 2001 4803 6080, 2002 6485, 2003 3111). Re ealed in the Po ular Vote on 27 Se t. 2009, with effect from 27 Se t. 2009 (FedD of 19 Dec. 2008, FCD of 1 Dec. 2009; AS 2009 6409; BBl 2008 2891 2907, 2009 13 8719). This aragra h in its version of FedD of 4 Oct. 2002 never came into force.

107 Ado ted by the o ular vote on 12 March 2000, ara. 1 in force since 1 A ril 2003, aras 2 and 3 in force since 1 Se t. 2005 (FedD of 8 Oct. 1999, FCD of 17 May 2000,

FedD of 24 Se t. 2002; AS 2002 3148; BBl 1997 I 1, 1999 8633, 2000 2990, 2001 4202, 2005 1475).

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Art. 191b Cantonal judicial authorities

1 The Cantons shall a oint judicial authorities to judge civil and ublic law dis utes and criminal law cases.

2 They may a oint joint judicial authorities.

Art. 191c Inde endence of the judiciary

The judicial authorities are inde endent in the exercise of their judicial owers and are bound only by the law.

Tit e 6 Revision of the Federa Constitution and Transitiona Provisions

Chapter 1 Revision

Art. 192 Princi le

1 The Federal Constitution may be totally or artially revised at any time.

2 Unless the Federal Constitution and the legislation based on it rovides otherwise, any revision of the Federal Constitution is made by the legislative rocess.

Art. 193 Total revision

1 A total revision of the Federal Constitution may be ro osed by the Peo le or by either of the two Councils or be decreed by the Federal Assembly.

2 If the initiative emanates from the Peo le or if the two Chambers are unable to agree, the Peo le decide on whether a total revision should be carried out.

3 If the Peo le vote for a total revision, new elections shall be held to both Cham- bers.

4 The mandatory rovisions of international law must not be violated.

Art. 194 Partial revision

1 A artial revision of the Federal Constitution may be requested by the Peo le or decreed by the Federal Assembly.

2 The artial revision must res ect the rinci le of cohesion of subject matter and must not violate mandatory rovisions of international law.

3 The o ular initiative for artial revision must also res ect the rinci le of con- sistency of form.

Art. 195 Commencement

The totally or artly revised Federal Constitution comes into force when it is a - roved by the Peo le and the Cantons.

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Chapter 2 Transitiona Provisions

Art. 196 Transitional rovisions in terms of the Federal Decree of 18 December 1998 on a new Federal Constitution108

1. Transitional provision to Art. 84 (Transalpine transit traffic)

The transfer of freight transit traffic from road to rail must be com leted ten years after the ado tion of the o ular initiative for the rotection of the al ine regions from transit traffic.

2. Transitional provision to Art. 85 (Flat-rate eavy ve icle c arge)

1 The Confederation shall levy an annual charge for the use of roads that are o en to general traffic on domestic and foreign motor vehicles and trailers that have a max- imum ermissible weight of over 3.5 tonnes.

2 This charge amounts to: Fr.

a. for trucks and articulated motor vehicles of – over 3.5 to 12 t 650 – over 12 to 18 t 2000 – over 18 to 26 t 3000 – over 26 t 4000

b. for trailers of – over 3.5 to 8 t 650 – over 8 to 10 t 1500 – over 10 t 2000

c. for coaches 650

3 The rates of the charge may be adjusted by federal act insofar as this is justified by the cost of road trans ort.

4 In addition, the Federal Council may adjust by ordinance the tariff category above 12 t in accordance with aragra h 2 to com ly with any amendments to the weight categories contained in the Road Traffic Act of 19 December 1958109.

5 For vehicles that are not on the road in Switzerland for the entire year, the Federal Council shall determine suitably graduated rates of the charge; it shall take account of the costs of collecting the charge.

6 The Federal Council shall regulate the im lementation of the charge. It may deter- mine rates in terms of aragra h 2 for s ecial categories of vehicle, exem t certain vehicles from the charge and issue s ecial regulations, in articular for journeys in border areas. Such regulations must not result in vehicles registered abroad being

108 Ado ted by the o ular vote on 3 March 2002, in force since 3 March 2002 (FedD of 5 Oct. 2001, FCD of 26 A ril 2002; AS 2002 885; BBl 2000 2453, 2001 1183 5731, 2002 3690).

109 SR 741.01

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treated more favourably than Swiss vehicles. The Federal Council may rovide for fines in res ect of contraventions. The Cantons shall collect the charge on vehicles registered in Switzerland.

7 The charge may be limited or abolished by law.

8 This rovision a lies until the Heavy Vehicle Charge Act of 19 December 1997110 comes into force.

3. Transitional provisions to Art. 86 (Use of c arges for tasks and costs in connec- tion wit road transport), Art. 87 (Railways and ot er carriers) and Art. 87a (Rail- way infrastructure)111

1 The major rail rojects include the New Rail Link through the Al s (NRLA), RAIL 2000, the connection of Eastern and Western Switzerland to the Euro ean High S eed Rail Network as well as the im rovement of noise rotection along railway lines through active and assive measures.

2 Until the interest ayments and re ayments on the advances made to the fund in accordance with Article 87a aragra h 2 have been made in full, the monies in accordance with Article 86 aragra h 2 letter e shall be allocated to the s ecial finance rogramme for road trans ort in accordance with Article 86 aragra h 4 instead of the fund in accordance with Article 86 aragra h 2.112

2bis In order to finance railway infrastructure and thereafter to finance the interest and re ayments on the advances made to the fund in accordance with Article 87a aragra h 2, the Federal Council may use monies in accordance with aragra h 2

until 31 December 2018. The monies shall be calculated in accordance with Article 86 aragra h 2 letter e.113

2ter The ercentage in accordance with Article 86 aragra h 2 letter f a lies from two years after this rovision comes into force. Prior to that, it shall be 5 er cent.114

3 The financing of the major rail rojects in accordance with aragra h 1 shall be carried out through the fund under Article 87a aragra h 2.115

4 The four major rail rojects in terms of aragra h 1 shall be ado ted by federal acts. Proof must be established of the necessity and readiness for im lementation

110 SR 641.81 111 Ado ted by the o ular vote on 12 Feb. 2017, in force since 1 Jan. 2018 (FedD of

30 Se t. 2016, FCD of 10 Nov. 2016 – AS 2017 6731; BBl 2015 2065, 2016 7587, 2017 3387).

112 Ado ted by the o ular vote on 12 Feb. 2017, in force since 1 Jan. 2018 (FedD of 30 Se t. 2016, FCD of 10 Nov. 2016 – AS 2017 6731; BBl 2015 2065, 2016 7587, 2017 3387).

113 Ado ted by the o ular vote on 12 Feb. 2017, in force since 1 Jan. 2018 (FedD of 30 Se t. 2016, FCD of 10 Nov. 2016 – AS 2017 6731; BBl 2015 2065, 2016 7587, 2017 3387).

114 Ado ted by the o ular vote on 12 Feb. 2017, in force since 1 Jan. 2018 (FedD of 30 Se t. 2016, FCD of 10 Nov. 2016 – AS 2017 6731; BBl 2015 2065, 2016 7587, 2017 3387).

115 Ado ted by the o ular vote on 9 Feb. 2014, in force since 1 Jan. 2016 (FedD of 20 June 2013, FCD of 13 May 2014, FCD of 2 June 2014, FCD of 6 June 2014; AS 2015 645; BBl 2010 6637, 2012 1577, 2013 4725 6518, 2014 4113 4117).

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For each major roject in its entirety. In the case of the NRLA roject, each of the construction hases shall form the subject matter of a federal act. The Federal As- sembly shall a rove the required financing through guarantee credits. The Federal Council shall a rove the construction hases and determine the time schedule.

5 This rovision a lies until the conclusion of the construction work and of the financing (through re ayment of the advances) of the major rail rojects mentioned in aragra h 1.

4. Transitional provision to Art. 90 (Nuclear energy)

Until 23 Se tember 2000, no general, construction, start-u or o erating licences for new facilities for the roduction of nuclear energy may be granted.

5. Transitional provision to Art. 95 (Private economic activity)

Until the enactment of federal legislation, the Cantons must mutually recognise their education or training qualifications.

6. Transitional provision to Art. 102 (National economic supply)

1 The Confederation shall guarantee the national su ly of bread grain and baking flour.

2 This transitional rovision 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 o ening of new businesses de endent on establishing a need, in order to guarantee the existence of im ortant arts of a s ecific branch of the hotel and restaurant industry.

8.116 …

9. Transitional provision to Art. 110 para. 3 (National Day of t e Swiss Confedera- tion)

1 Until the amended federal legislation comes into force, the Federal Council shall regulate the details.

2 The National Day of the Swiss Confederation shall not be included in the calcula- tion of the number the ublic holidays in accordance with Article 18 aragra h 2 of the Em loyment Act of 13 March 1964117.

10.118 …

116 Art. 106 was revised on 11 March 2012. 117 SR 822.11 118 Re ealed by the o ular vote on 28 Nov. 2004, with effect from 1 Jan. 2008 (FCD of

3 Oct 2003, FCD of 26 Jan. 2005, FCD of 7 Nov. 2007; AS 2007 5765; BBl 2002 2291, 2003 6591, 2005 951)

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11. Transitional provision to Art. 113 (Occupational Pension Sc eme)

Insured ersons who belong to the generation working at the time of the introduction of the occu ational ension scheme and therefore do not contribute for the full eriod shall receive the statutory minimum benefits, according to their income,

within 10 to 20 years of the Act coming into force.

12.119 …

13.120 Transitional provision to Art. 128 (Duration of tax levy)

The ower to levy the direct federal tax shall be limited until the end of 2020.

14.121 Transitional provision to Art. 130 (Value Added Tax)122

1 The ower to levy value added tax is limited until the end of 2020.

2 In order to guarantee the funding of invalidity insurance, the Federal Council shall raise the value added tax rates from 1 January 2011 until 31 December 2017 as follows: …

3 The revenue from the increase in rates in accordance with aragra h 2 will be allocated in full to the Com ensation Fund for Invalidity Insurance.123

4 In order to secure the financing of railway infrastructure, the Federal Council shall raise the tax rates under Article 25 of the Value Added Tax Act of 12 June 2009124

from 1 January 2018 by 0.1 of a ercentage oint, in the event of an extension of the time limit under aragra h 1 until 31 December 2030 at the latest.125

5 The entire revenue from the increase under aragra h 4 shall be allocated to the fund under Article 87a.126

119 Art. 126 was revised on 2 Dec. 2001. 120 Ado ted by the o ular vote on 28 Nov. 2004, in force since 1 Jan. 2007 (FedD of

19 March 2004, FCD of 26 Jan. 2005, FCD of 2 Feb. 2006; AS 2006 1057; BBl 2003 1531, 2004 1363, 2005 951).

121 Ado ted by the o ular vote on 28 Nov. 2004, in force since 1 Jan. 2007 (FedD of 19 March 2004, FCD of 26 Jan. 2005, FCD of 2 Feb. 2006; AS 2006 1057; BBl 2003 1531, 2004 1363, 2005 951).

122 Ado ted by the o ular vote on 27 Se t. 2009, in force since 1 Jan. 2011 (FedD of 13 June 2008 and of 12 June 2009, FCD of 7 Se t. 2010; AS 2010 3821; BBl 2005 4623, 2008 5241, 2009 4371 4377 4379 8719).

123 Ado ted by the o ular vote on 27 Se t. 2009, in force since 1 Jan. 2011 (FedD of 13 June 2008 and of 12 June 2009, FCD of 7 Se t. 2010; AS 2010 3821; BBl 2005 4623, 2008 5241, 2009 4371 4377 4379 8719).

124 SR 641.20 125 Ado ted by the o ular vote on 9 Feb. 2014, in force since 1 Jan. 2016 (FedD of

20 June 2013, FCD of 13 May 2014, FCD of 2 June 2014, FCD of 6 June 2014; AS 2015 645; BBl 2010 6637, 2012 1577, 2013 4725 6518, 2014 4113 4117).

126 Ado ted by the o ular vote on 9 Feb. 2014, in force since 1 Jan. 2016 (FedD of 20 June 2013, FCD of 13 May 2014, FCD of 2 June 2014, FCD of 6 June 2014; AS 2015 645; BBl 2010 6637, 2012 1577, 2013 4725 6518, 2014 4113 4117).

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15. Transitional provision to Art. 131 (Beer tax)

Until a federal act127 comes into force, the beer tax shall be levied in accordance with the current law.

12816. …

Art. 197129 Transitional rovisions following the ado tion of the Federal Constitution of 18 A ril 1999

1. Accession of Switzerland to t e United Nations

1 Switzerland shall accede to the United Nations.

2 The Federal Council shall be authorised to submit an a lication to the Secretary General of the United Nations (UN) requesting Switzerland’s accession to the organ- isation, together with a declaration on the acce tance of the obligations contained in the UN Charter130.

2.131 Transitional provision to Art. 62 (Sc ool education)

From the date on which the Federal Decree of 3 October 2003132 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 a roved s ecial-needs school strategies, but for a minimum of three years, assume res onsi- bility for the current ayments made by the Invalidity Insurance for s ecial needs education (including the s ecial needs re-school education in accordance with Art. 19 of the Federal Act of 19 June 1959133 on Invalidity Insurance).

3.134 Transitional provision to Art. 83 (National ig ways)

The Cantons shall construct the national highways listed in the Federal Decree of 21 June 1960135 on the National Highway Network (in its version valid on the commencement of the Federal Decree of 3 Oct. 2003136 on the New System of Financial Equalisation and the Allocation of Tasks between the Confederation and

127 SR 641.411. The Beer Tax Act of 6 Oct. 2006 came into force on 1 July 2007. 128 Re ealed by the o ular vote on 28 Nov. 2004, with effect from 1 Jan. 2008 (FCD of

3 Oct 2003, FCD of 26 Jan. 2005, FCD of 7 Nov. 2007; AS 2007 5765; BBl 2002 2291, 2003 6591, 2005 951)

129 Ado ted by the o ular vote on 3 March 2002, in force since 3 March 2002 (FedD of 5 Oct. 2001, FCD of 26 A ril 2002; AS 2002 885; BBl 2000 2453, 2001 1183 5731, 2002 3690).

130 SR 0.120 131 Ado ted by the o ular vote on 28 Nov. 2004, in force since 1 Jan. 2008 (FCD of

3 Oct 2003, FCD of 26 Jan. 2005, FCD of 7 Nov. 2007; AS 2007 5765; BBl 2002 2291, 2003 6591, 2005 951).

132 AS 2007 5765 133 SR 831.20 134 Article 83 has now been revised. Ado ted by the o ular vote on 28 Nov. 2004, in force

since 1 Jan. 2008 (FCD of 3 Oct 2003, FCD of 26 Jan. 2005, FCD of 7 Nov. 2007; AS 2007 5765; BBl 2002 2291, 2003 6591, 2005 951).

135 SR 725.113.11 136 AS 2007 5765

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Cantons) in accordance with the regulations of and subject to the oversight 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 im osed on them by the national highways, their interest in these highways, and their finan- cial ca acity.

4.137 Transitional provision to Art. 112b (Promoting t e re abilitation of people eligible for invalidity benefits)

From the date on which the Federal Decree of 3 October 2003138 on the New System of Financial Equalisation and the Allocation of Tasks between the Confederation and Cantons comes into force, the Cantons shall assume res onsibility for the cur- rent ayments made by the Invalidity Insurance to institutions, worksho s and residential homes until they have an a roved strategy on eo le with disabilities that also regulates the granting of cantonal contributions towards the construction and running of institutions that acce t residents from outside the relevant canton, but for a minimum of three years.

5.139 Transitional provision to Art. 112c (Aid for elderly people and people wit disabilities)

The current ayments under Article 101bis of the Federal Act of 20 December 1946140 on the Old-Age and Survivors’ Insurance for assistance and care in the home for elderly eo le and eo le with disabilities shall continue to be aid by the Cantons until cantonal regulations on the financing of assistance and care in the home come into force.

7.141 Transitional Provision to Art. 120 (Non- uman gene tec nology)

Swiss agriculture shall remain free of gene technology for a eriod of five years following the ado tion of this constitutional rovision. In articular, the following may neither be im orted nor laced on the market:

a. genetically modified lants that are ca able of ro agation, arts of lants and seeds that are intended for agricultural, horticultural or forestry use in the environment;

b. genetically modified animals that are intended for the roduction of food- stuffs and other agricultural roducts.

137 Ado ted by the o ular vote on 28 Nov. 2004, in force since 1 Jan. 2008 (FCD of 3 Oct 2003, FCD of 26 Jan. 2005, FCD of 7 Nov. 2007; AS 2007 5765; BBl 2002 2291, 2003 6591, 2005 951).

138 AS 2007 5765 139 Ado ted by the o ular vote on 28 Nov. 2004, in force since 1 Jan. 2008 (FCD of

3 Oct 2003, FCD of 26 Jan. 2005, FCD of 7 Nov. 2007; AS 2007 5765; BBl 2002 2291, 2003 6591, 2005 951).

140 SR 831.10 141 Ado ted by the o ular vote on 27 Nov. 2005, in force since 27 Nov. 2005 (FedD of

17 June 2005, FCD of 19 Jan. 2006; AS 2006 89; BBl 2003 6903, 2004 4937, 2005 4039, 2006 1061).

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8.142 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 ara- gra h 3 and issue the criminal rovisions relating to illegal entry in accordance with Article 121 aragra h 6 within five years of the ado tion of Article 121 aragra hs 3–6 by the Peo le and the Cantons.

9.143 Transitional provision to Art. 75b (Second omes)

1 If the relevant legislation does not come into force within two years of the ado tion of Article 75b, the Federal Council shall issue the required im lementing rovisions on construction, sale and recording in the land register by ordinance.

2 Building ermits for second homes granted between 1 January of the year follow- ing the ado tion of Article 75b and the date on which the im lementing rovisions come into force shall be null and void.

10.144 Transitional provision to Art. 95 para. 3

Until the statutory rovisions come into force, the Federal Council shall issue the required im lementing rovisions within one year of the ado tion of Article 95 aragra h 3 by the Peo le and the Cantons.

11.145 Transitional provision to Art. 121a (Control of immigration)

1 International agreements that contradict Article 121a must be renegotiated and amended within three years of its ado tion by the Peo le and the Cantons.

2 If the im lementing legislation for Article 121a has not come into force within three years of its ado tion by the Peo le and the Cantons, the Federal Council shall issue tem orary im lementing rovisions in the form of an ordinance.

Commencement Date: 1 January 2000146

142 Ado ted by the o ular vote on 28 Nov. 2010, in force since 28 Nov. 2010 (FedD of 18 June 2010, FCD of 17 March 2011; AS 2011 1199; BBl 2008 1927, 2009 5097, 2010 4241, 2011 2771).

143 Ado ted by the o ular vote on 11 March 2012, in force since 11 March 2012 (FedD of 17 June 2011, FCD of 20 June 2012; AS 2012 3627; BBl 2008 1113 8757, 2011 4825, 2012 6623).

144 Ado ted by the o ular vote on 3 March 2013, in force since 3 March 2013 (FCD of 15 Nov. 2012 und 30 A ril 2013; AS 2013 1303; BBl 2006 8755, 2008 2577, 2009 299, 2012 9219, 2013 3129).

145 Ado ted by the o ular vote on 9 Feb. 2014, in force since 9 Feb. 2014 (FedD of 27 Se t. 2013, FCD of 13 May 2014; AS 2014 1391; BBl 2011 6269, 2012 3869, 2013 291 7351, 2014 4117).

146 FedD of 28 Se t. 1999 (AS 1999 2555; BBl 1999 7922)

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Fina Provisions of the Federa Decree of 18 December 1998

II

1 The Federal Constitution of the Swiss Confederation of 29 May 1874147 is re- ealed.

2 The following rovisions of the Federal Constitution, which must be re-enacted as statute law, continue to a ly until the corres onding statutory rovisions come into force:

Art. 32quater para. 6148a.

Hawking and other forms of itinerant sale of s irits are rohibited.

b. Art. 36quinquies para. 1 first sentence, 2 second–last sentence and 4 second sen- tence149

1 For the use of first and second class national highways, the Confederation shall levy an annual charge of 40 francs on each Swiss and foreign motor vehicle and trailer with a total weight not exceeding 3.5 tonnes. …

2 … The Federal Council may exem t s ecific vehicles from the charge and issue s ecial regulations, in articular 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 im ose fines for contraventions of the regulations. The Cantons shall collect the charge for vehicles registered in Switzer- land and monitor com liance of all vehicles with the regulations.

4 … The charge may be extended by federal act to further categories of vehicle that are not liable to ay the heavy vehicle charge.

c. Art. 121bis para. 1, 2 and para. 3 first and second sentence150

1 If the Federal Assembly decides to submit a counter- ro osal, voters shall be asked three questions on the same ballot a er. Each voter has the unrestricted right to state:

1. whether he or she refers the o ular initiative to the existing law;

147 [BS 1 3; AS 1949 1511, 1951 606, 1957 1027, 1958 362 768 770, 1959 224 912, 1961 476, 1962 749 1637 1804, 1964 97, 1966 1672, 1969 1249, 1970 1649, 1971 325 905 907, 1972 1481 1484, 1973 429 1051 1455, 1974 721, 1975 1205, 1976 713 715 2003, 1977 807 1849 2228 2230, 1978 212 484 1578, 1979 678, 1980 380, 1981 1243 1244, 1982 138, 1983 240 444, 1984 290, 1985 150, 151 658 659 1025 1026 1648, 1987 282 1125, 1988 352, 1991 246 247 1122, 1992 1578 1579, 1993 3040 3041, 1994 258 263 265 267 1096 1097 1099 1101, 1995 1455, 1996 1490 1491 1492 2502, 1998 918 2031, 1999 741 743 1239 1341]

148 Art. 105 149 Art. 86 ara. 2 150 See now: Art. 139b.

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2. whether he or she refers the counter- ro osal to the existing law;

3. which of the two ro osals should come into force in the event that the Peo- le and the Cantons refer both ro osals to the existing law.

2 The absolute majority shall be calculated se arately for each question. Unanswered questions shall not be taken into consideration.

3 If both the o ular initiative and the counter- ro osal are acce ted, the result of the third question shall be decisive. The ro osal that receives the greater number of votes from the Peo le and from the Cantons on this question shall come into force. …

III

The Federal Assembly shall ada t amendments to the Federal Constitution of 29 May 1874 to the new Federal Constitution as regards their form. The decree issued to this effect shall not be subject to a referendum.

IV

1 This Decree must be submitted to a vote of the Peo le and the Cantons.

2 The Federal Assembly shall determine its commencement date.

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Contents

.................................................................................................Preamble

Tit e 1 Genera Provisions

The Swiss Confederation .............................................................. Art. 1

Aims

Subsidiarity..................................................................................Art. 5a

............................................................................................. Art. 2

Cantons......................................................................................... Art. 3

National languages........................................................................ Art. 4

Rule of law ................................................................................... Art. 5

Individual and collective res onsibility ........................................ Art. 6

Tit e 2 Fundamenta Rights, Citizenship and Socia

Goa s

Chapter 1 Fundamenta Rights

Human dignity .............................................................................. Art. 7

Equality before the law................................................................. Art. 8

Protection against arbitrary conduct and rinci le of good

faith............................................................................................... Art. 9

Right to life and to ersonal freedom...........................................Art. 10

Protection of children and young eo le .....................................Art. 11

Right to assistance when in need .................................................Art. 12

Right to rivacy ...........................................................................Art. 13

Right to marry and to have a family ............................................Art. 14

Freedom of religion and conscience ............................................Art. 15

Freedom of ex ression and of information ..................................Art. 16

Freedom of the media ..................................................................Art. 17

Freedom to use any language.......................................................Art. 18

Right to basic education...............................................................Art. 19

Academic freedom.......................................................................Art. 20

Freedom of artistic ex ression .....................................................Art. 21

Freedom of assembly...................................................................Art. 22

Freedom of association ................................................................Art. 23

Freedom of domicile....................................................................Art. 24

Protection against ex ulsion, extradition and de ortation ...........Art. 25

Guarantee of ownershi ...............................................................Art. 26

Economic freedom.......................................................................Art. 27

Right to form rofessional associations .......................................Art. 28

General rocedural guarantees.....................................................Art. 29

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Guarantee of access to the courts...............................................Art. 29a

Judicial roceedings.....................................................................Art. 30

De rivation of liberty ..................................................................Art. 31

Criminal roceedings...................................................................Art. 32

Right of etition...........................................................................Art. 33

Political rights..............................................................................Art. 34

U holding of fundamental rights .................................................Art. 35

Restrictions on fundamental rights ..............................................Art. 36

Chapter 2 Citizenship and Po itica Rights

Citizenshi ...................................................................................Art. 37

Acquisition and de rivation of citizenshi ..................................Art. 38

Exercise of olitical rights ...........................................................Art. 39

The Swiss abroad.........................................................................Art. 40

Chapter 3 Socia Objectives

.....................................................................................................Art. 41

Tit e 3 Confederation, Cantons and Communes

Chapter 1 Re ations between the Confederation and

the Cantons

Section 1 Duties of the Confederation and the Cantons

Duties of the Confederation.........................................................Art. 42

Duties of the Cantons...................................................................Art. 43

Princi les for the allocation and fulfilment of state tasks ..........Art. 43a

Section 2 Cooperation between the Confederation and the

Cantons

Princi les .....................................................................................Art. 44

Partici ation in federal decision-making .....................................Art. 45

Im lementation of federal law.....................................................Art. 46

Autonomy of the Cantons............................................................Art. 47

Intercantonal agreements .............................................................Art. 48

Declaration of general a lication and requirement of

artici ation...............................................................................Art. 48a

Precedence of and com liance with federal law ..........................Art. 49

Section 3 Communes

.....................................................................................................Art. 50

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101Swiss Confederation

Section 4 Federa Guarantees

Cantonal constitutions .................................................................Art. 51

Constitutional order .....................................................................Art. 52

Number and territory of the Cantons ...........................................Art. 53

Chapter 2 Powers

Section 1 Re ations with Foreign States

Foreign relations ..........................................................................Art. 54

Partici ation of the Cantons in foreign olicy decisions..............Art. 55

Relations between the Cantons and foreign states .......................Art. 56

Section 2 Security, Nationa Defence, Civi Defence

Security........................................................................................Art. 57

Armed forces ...............................................................................Art. 58

Military service and alternative service .......................................Art. 59

Armed forces organisation, training and equi ment ....................Art. 60

Civil defence................................................................................Art. 61

Section 3 Education, Research and Cu ture

Swiss Education Area ................................................................Art. 61a

School education..........................................................................Art. 62

Higher education institutions .....................................................Art. 63a

Continuing education and training.............................................Art. 64a

Musical education......................................................................Art. 67a

Vocational and rofessional education and training ....................Art. 63

Research ......................................................................................Art. 64

Statistics.......................................................................................Art. 65

Education grants ..........................................................................Art. 66

Encouragement of children and young eo le.............................Art. 67

S ort ............................................................................................Art. 68

Culture .........................................................................................Art. 69

Languages....................................................................................Art. 70

Cinema.........................................................................................Art. 71

Church and state ..........................................................................Art. 72

Section 4 Environment and Spatia P anning

Sustainable develo ment .............................................................Art. 73

National Land Survey ................................................................Art. 75a

Second homes ............................................................................Art. 75b

Protection of the environment......................................................Art. 74

S atial lanning ...........................................................................Art. 75

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101 Federal Constitution

Water ...........................................................................................Art. 76

Forests .........................................................................................Art. 77

Protection of natural and cultural heritage ...................................Art. 78

Fishing and hunting .....................................................................Art. 79

Protection of animals ...................................................................Art. 80

Section 5 Pub ic Construction Works and Transport

Public Construction Works..........................................................Art. 81

Public trans ort..........................................................................Art. 81a

Charge for using the national highways.....................................Art. 85a

Use of charges for tasks and costs in connection with road

Railway infrastructure ...............................................................Art. 87a

Use of charges for tasks and costs in connection with air

traffic .........................................................................................Art. 87b

Road trans ort .............................................................................Art. 82

Road infrastructure ......................................................................Art. 83

Al ine transit traffic.....................................................................Art. 84

Heavy vehicle charge...................................................................Art. 85

trans ort.......................................................................................Art. 86

Railways and other modes of trans ort........................................Art. 87

Foot aths, hiking trails and cycle aths .......................................Art. 88

Section 6 Energy and Communications

Energy olicy...............................................................................Art. 89

Nuclear energy.............................................................................Art. 90

Trans ort of energy .....................................................................Art. 91

Postal and telecommunications services ......................................Art. 92

Radio and television ....................................................................Art. 93

Section 7 The Economy

Princi les of the economic system...............................................Art. 94

Professional activities in the rivate sector..................................Art. 95

Com etition olicy ......................................................................Art. 96

Consumer rotection....................................................................Art. 97

Banks and insurance com anies ..................................................Art. 98

Monetary olicy...........................................................................Art. 99

Economic olicy........................................................................Art. 100

Foreign economic olicy ...........................................................Art. 101

National economic su ly .........................................................Art. 102

Structural olicy ........................................................................Art. 103

Agriculture.................................................................................Art. 104

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101Swiss Confederation

Food security ...........................................................................Art. 104a

Alcohol ......................................................................................Art. 105

Gambling ...................................................................................Art. 106

Wea ons and war material.........................................................Art. 107

Section 8 Housing, Emp oyment, Socia Security and

Hea th

Construction of housing and home ownershi ...........................Art. 108

Su lementary benefits............................................................Art. 112a

Promoting the rehabilitation of eo le eligible for

Landlord and tenant ...................................................................Art. 109

Em loyment...............................................................................Art. 110

Old-age, survivors’ and invalidity ension rovision ................Art. 111

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

invalidity benefits ....................................................................Art. 112b

Aid for elderly eo le and eo le with disabilities..................Art. 112c

Occu ational ension scheme....................................................Art. 113

Primary medical care ...............................................................Art. 117a

Com lementary medicine ........................................................Art. 118a

Research on human beings ......................................................Art. 118b

Re roductive medicine and gene technology involving

Unem loyment insurance ..........................................................Art. 114

Su ort for ersons in need .......................................................Art. 115

Child allowances and maternity insurance.................................Art. 116

Health and accident insurance ...................................................Art. 117

Health rotection .......................................................................Art. 118

human beings.............................................................................Art. 119

Trans lant medicine.................................................................Art. 119a

Non-human gene technology .....................................................Art. 120

Section 9 Residence and Permanent Sett ement of Foreign

Nationa s

Legislation on foreign nationals and asylum..............................Art. 121

Control of immigration ............................................................Art. 121a

Section 10 Civi Law, Crimina Law, Weights and

Measures

Civil law ....................................................................................Art. 122

Criminal law ..............................................................................Art. 123

.................................................................................................Art. 123a

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No time limit for the right to rosecute or for enalties for

sexual or ornogra hy offences involving re ubescent

children....................................................................................Art. 123b

Measure relating to sexual offences involving children or

ersons who are inca able of judgement or resistance ............Art. 123c

Victim su ort ...........................................................................Art. 124

Weights and measures ...............................................................Art. 125

Chapter 3 Financia System

Financial management ...............................................................Art. 126

Princi les of taxation .................................................................Art. 127

Direct taxes ................................................................................Art. 128

Tax harmonisation .....................................................................Art. 129

Value added tax*........................................................................Art. 130

S ecial consum tion taxes.........................................................Art. 131

Stam duty and withholding tax ................................................Art. 132

Customs duties...........................................................................Art. 133

Exclusion of cantonal and communal taxation ..........................Art. 134

Equalisation of financial resources and burdens ........................Art. 135

Tit e 4 The Peop e and the Cantons

Chapter 1 Genera Provisions

Political rights............................................................................Art. 136

Political arties ..........................................................................Art. 137

Chapter 2 Initiative and Referendum

Po ular initiative requesting the total revision of the

Federal Constitution ..................................................................Art. 138

Po ular initiative requesting a artial revision of the

Repealed ..................................................................................Art. 139a

Procedure a licable to an initiative and counter- ro osal .....Art. 139b

Im lementation of international treaties ..................................Art. 141a

Federal Constitution in s ecific terms .......................................Art. 139

Mandatory referendum ..............................................................Art. 140

O tional referendum..................................................................Art. 141

Required majorities....................................................................Art. 142

Tit e 5 Federa Authorities

Chapter 1 Genera Provisions

Eligibility for election................................................................Art. 143

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101Swiss Confederation

Incom atibility...........................................................................Art. 144

Term of office ............................................................................Art. 145

State liability..............................................................................Art. 146

Consultation rocedure..............................................................Art. 147

Chapter 2 Federa Assemb y

Section 1 Organisation

Status .........................................................................................Art. 148

Com osition and election of the National Council ....................Art. 149

Com osition and election of the Council of States ....................Art. 150

Sessions .....................................................................................Art. 151

Presidency..................................................................................Art. 152

Parliamentary committees..........................................................Art. 153

Parliamentary grou s .................................................................Art. 154

Parliamentary Services ..............................................................Art. 155

Section 2 Procedure

Se arate roceedings .................................................................Art. 156

Joint roceedings .......................................................................Art. 157

Public meetings..........................................................................Art. 158

Quorum and required majority...................................................Art. 159

Right to submit initiatives and motions .....................................Art. 160

Prohibition of voting instructions ..............................................Art. 161

Immunity ...................................................................................Art. 162

Section 3 Powers

Form of Federal Assembly enactments......................................Art. 163

Legislation .................................................................................Art. 164

Emergency legislation ...............................................................Art. 165

Foreign relations and international treaties ................................Art. 166

Finance ......................................................................................Art. 167

A ointments.............................................................................Art. 168

Oversight ...................................................................................Art. 169

Evaluation of effectiveness ........................................................Art. 170

Tasks of the Federal Council .....................................................Art. 171

Relations between the Confederation and the Cantons ..............Art. 172

Further duties and owers..........................................................Art. 173

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Chapter 3 Federa Counci and Federa

Administration

Section 1 Organisation and Procedure

Federal Council..........................................................................Art. 174

Com osition and election ..........................................................Art. 175

Presidency..................................................................................Art. 176

Princi le of collegiality and allocation to de artments ..............Art. 177

Federal Administration ..............................................................Art. 178

Federal Chancellery...................................................................Art. 179

Section 2 Powers

Government olicy ....................................................................Art. 180

Right to initiate legislation.........................................................Art. 181

Law-making and im lementation of legislation ........................Art. 182

Finances.....................................................................................Art. 183

Foreign relations ........................................................................Art. 184

External and internal security ....................................................Art. 185

Relations between the Confederation and the Cantons ..............Art. 186

Further duties and owers..........................................................Art. 187

Chapter 4 Federa Supreme Court and other Judicia

Authorities

Status .........................................................................................Art. 188

Other federal judicial authorities .............................................Art. 191a

Cantonal judicial authorities ....................................................Art. 191b

Inde endence of the judiciary..................................................Art. 191c

Jurisdiction of the Federal Su reme Court.................................Art. 189

A licable law...........................................................................Art. 190

Access to the Federal Su reme Court ........................................Art. 191

Tit e 6 Revision of the Federa Constitution and

Transitiona Provisions

Chapter 1 Revision

Princi le.....................................................................................Art. 192

Total revision.............................................................................Art. 193

Partial revision...........................................................................Art. 194

Commencement .........................................................................Art. 195

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Chapter 2 Transitiona Provisions

Transitional rovisions in terms of the Federal Decree of

18 December 1998 on a new Federal Constitution ....................Art. 196

Transitional rovisions following the ado tion of the

Federal Constitution of 18 A ril 1999 .......................................Art. 197

Fina Provisions of the Federa Decree of 18 December

1998

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