Switzerland 1999 (rev. 2014) Subsequently amended

Art 42. Duties of the Confederation

1. The Confederation shall fulfil the duties that are assigned to it by Federal Constitution.
2. [Repealed by the popular vote on 28 Nov. 2004, with effect from 1 Jan. 2008]

Art 43. Duties of the Cantons

Art 43a. Principles for the allocation and fulfilment of state tasks

1. The Confederation only undertakes tasks that the Cantons are unable to perform or which require uniform regulation by the Confederation.
2. The collective body that benefits from a public service bears the costs thereof.
3. The collective body that bears the costs of a public service may decide on the nature of that service.
4. Universally provided services must made be available to every person in a comparable manner.
5. State tasks must be fulfilled economically and in accordance with demand.

Art 44. Principles

1. The Confederation and the Cantons shall support each other in the fulfilment of their duties and shall generally cooperate with each other.
2. They owe each other a duty of consideration and support. They shall provide each other with administrative assistance and mutual judicial assistance.
3. Disputes between Cantons or between Cantons and the Confederation shall wherever possible be resolved by negotiation or mediation.

Art 45. Participation in federal decision-making

1. In the cases specified by the Federal Constitution, the Cantons shall participate in the federal decision making process, and in particular in the legislative process.
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. Implementation of federal law

1. The Cantons shall implement federal law in accordance with the Federal Constitution and federal legislation.
2. The Confederation and the Cantons may together agree that the Cantons should achieve specific goals in the implementation of federal law and may to this end conduct programmes that receive financial support from the Confederation.
3. The Confederation shall allow the Cantons all possible discretion to organise their own affairs and shall take account of cantonal particularities.

Art 47. Autonomy of the Cantons

1. The Confederation shall respect the autonomy of the Cantons.
2. It shall leave the Cantons sufficient tasks of their own and respect their organisational autonomy. It shall leave the Cantons with sufficient sources of finance and contribute towards ensuring that they have the financial resources required to fulfil their tasks.

Art 48. Intercantonal agreements

1. The Cantons may enter into agreements with each other and establish common organisations and institutions. In particular, they may jointly undertake tasks of regional importance together.
2. The Confederation may participate in such organisations or institutions within the scope of its powers.
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 provisions that implement an intercantonal agreement, provided the agreement:
   1. has been approved under the same procedure that applies to other legislation;
   2. determines the basic content of the provisions.
5. The Cantons shall comply with intercantonal law.

Art 48a. Declaration of general application and requirement of participation

1. At the request of interested Cantons, the Confederation may declare intercantonal agreements to be generally binding or require Cantons to participate in intercantonal agreements in the following fields:
   1. the execution of criminal penalties and measures;
   2. school education in the matters specified in Article 62 paragraph 4;
   3. cantonal institutions of higher education;
   4. cultural institutions of supra-regional importance;
   5. waste management;
   6. waste water treatment;
   7. urban transport;
   8. Reference to science
      advanced medical science and specialist clinics;
   9. institutions for the rehabilitation and care of invalids.
2. A declaration of general application is made in the form of a federal decree.
3. The law shall specify the requirements for a declaration of general application and for a participation requirement and regulate the procedure.

Art 49. Precedence of and compliance with federal law

1. National vs subnational laws
   Federal law takes precedence over any conflicting provision of cantonal law.
2. The Confederation shall ensure that the Cantons comply with federal law.

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 possible consequences for the communes.
3. In doing so, it shall take account of the special position of the cities and urban areas as well as the mountain regions.

Art 51. Cantonal constitutions

1. Each Canton shall adopt a democratic constitution. This requires the approval of the People and must be capable of being revised if the majority of those eligible to vote so request.
2. National vs subnational laws
   Each cantonal constitution shall require the guarantee of the Confederation. The Confederation shall guarantee a constitution provided it is not contrary to federal law.

Art 52. Constitutional order

1. The Confederation shall protect the constitutional order of the Cantons.
2. It shall intervene when public order in a Canton is disrupted or under threat and the Canton in question is not able to maintain order alone or with the aid of other Cantons.

Art 53. Number and territory of the Cantons

1. The Confederation shall protect 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 People 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 approval 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.

Art 54. Foreign relations

1. Foreign relations are the responsibility of the Confederation.
2. Protection of environment
   The Confederation shall ensure that the independence of Switzerland and its welfare is safeguarded; it shall in particular assist in the alleviation of need and poverty in the world and promote respect for human rights and democracy, the peaceful co­existence of peoples as well as the conservation of natural resources.
3. It shall respect the powers of the Cantons and protect their interests.

Art 55. Participation of the Cantons in foreign policy decisions

1. The Cantons shall be consulted on foreign policy decisions that affect their powers or their essential interests.
2. The Confederation shall inform the Cantons fully and in good time and shall consult with them.
3. The views of the Cantons are of particular importance if their powers are affected. In such cases, the Cantons shall participate in international negotiations in an appropriate manner.

Art 56. Relations between the Cantons and foreign states

1. A Canton may conclude treaties with foreign states on matters that lie within the scope of its powers.
2. Legal status of treaties
   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.

Art 57. Security

1. The Confederation and the Cantons shall within the scope of their powers ensure the security of the country and the protection of the population.
2. They shall coordinate their efforts in the area of internal security.

Art 58. Armed forces

1. Switzerland shall have armed forces. In principle, the armed forces shall be organised as a militia.
2. The armed forces serve to prevent war and to maintain peace; they defend the country and its population. They shall support the civilian authorities in safeguarding the country against serious threats to internal security and in dealing with exceptional situations. Further duties may be provided for by law.
3. The deployment of the armed forces is the responsibility of the Confederation.

Art 59. Military service and alternative service

1. Right to conscientious objection
   Every Swiss man is required to do military service. Alternative civilian service shall be provided 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 pay a tax. This tax is levied by the Confederation and assessed and collected by the Cantons.
4. The Confederation shall legislate for fair compensation 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 appropriate support from the Confederation, whether for themselves or for their next of kin.

Art 60. Armed forces organisation, training and equipment

1. Armed forces legislation, together with the organisation, training and equipment of the armed forces, is the responsibility of the Confederation.
2. [Repealed by the popular vote on 28 Nov 2004, with effect from 1 Jan. 2008]
3. The Confederation may, in return for appropriate compensation, take over the running of cantonal military installations

Art 61. Civil defence

1. The legislation on the civil defence of persons and property against the effects of armed conflicts is the responsibility of the Confederation.
2. The Confederation shall legislate on the deployment of civil defence units in the event of disasters and emergencies.
3. It may declare civil defence service to be compulsory for men. For women, such service is voluntary.
4. The Confederation shall legislate on fair compensation for loss of income.
5. Persons who suffer damage to their health or lose their lives while doing civil defence service are entitled to appropriate support from the Confederation, whether for themselves or for their next of kin.

Art 61a. Swiss Education Area

1. The Confederation and the Cantons shall, within the scope of their powers, jointly ensure the high quality and accessibility of the Swiss Education Area.
2. They shall coordinate their efforts and ensure their cooperation through joint administrative bodies and other measures.
3. They shall ensure in the fulfilment of their duties that general and vocational courses of study achieve equal recognition in society.

Art 62. School education

1. The Cantons are responsible for the system of school education.
2. Compulsory education, Free education
   They shall ensure the provision of an adequate basic education that is available to all children. Basic education is mandatory and is managed or supervised by the state. At state schools it is free of charge.
3. The Cantons shall ensure that adequate special needs education is provided to all children and young people with disabilities up to the age of 20.
4. Where harmonisation of school education is not achieved by means of coordination in the areas of school entry age and compulsory 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.
5. The Confederation shall regulate the start of the school year.
6. The Cantons shall participate in the drafting of federal legislation on school education that affects cantonal responsibilities, and special account shall be taken of their opinions.

Art 63. Vocational and professional education and training

1. The Confederation shall issue regulations on vocational and professional education and training.
2. It shall encourage the provision of a diverse and accessible range of courses in vocational and professional education and training.

Art 63a. Higher education institutions

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 support the cantonal universities and may make financial contributions to other higher education institutions that it recognises.
3. The Confederation and the Cantons are jointly responsible for the coordination and guarantee of quality in Swiss higher education. In fulfilling this responsibility, they shall take account of the autonomy of the universities and the various bodies responsible for them and ensure the equal treatment of institutions with the same functions.
4. In order to fulfil their duties, the Confederation and the Cantons shall enter into agreements and delegate certain powers to joint administrative authorities. The law shall regulate the powers that may be delegated, and determine the principles governing the organisation of and procedures for coordination.
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 postgraduate education and on the recognition of institutions and qualifications. In addition, the Confederation may impose standard funding principles for subsidising of universities, and may make subsidies contingent on universities sharing particularly cost-intensive activities.

Art 64. Research

1. Reference to science
   The Confederation shall promote scientific research and innovation.
2. It may make its support conditional in particular on quality assurance and coordination being guaranteed.
3. It may establish, take over or run research institutes.

Art 64a. Continuing education and training

1. The Confederation shall specify principles governing continuing education and training.
2. It may promote continuing education and training.
3. The law shall specify the fields of and the criteria for such promotion.

Art 65. Statistics

1. The Confederation shall compile the necessary statistical data on the status and trends in the population, the economy, society, education, research, the land and the environment in Switzerland.
2. It may issue regulations on the harmonisation and maintenance of official registers in order to reduce the cost of compiling data.

Art 66. Education grants

1. The Confederation may contribute to cantonal expenditure on grants provided to students at universities and higher education institutions. It may encourage the intercantonal harmonisation of education grants and lay down principles for the payment of education grants.
2. It may also supplement cantonal measures while preserving cantonal autonomy in education matters by taking its own measures to promote education.

Art 67. Encouragement of children and young people

1. In fulfilling their duties, the Confederation and Cantons shall take account of the special need of children and young people to receive encouragement and protection.
2. The Confederation may supplement cantonal measures by supporting extracurricular work with children and young people.

Art 67a. Musical education

1. The Confederation and Cantons shall encourage musical education, in particular that of children and young people.
2. They shall endeavour within the scope of their powers to ensure high-quality music teaching in schools. If the Cantons are unable to harmonise the goals of music teaching in schools by means of coordination, the Confederation shall issue the required regulations.
3. In consultation with the Cantons, the Confederation shall set out principles to help young people to engage in musical activities and to encourage musically gifted persons.

Art 68. Sport

1. The Confederation shall encourage sport, and in particular education in sport.
2. It shall operate a sports school.
3. It may issue regulations on sport for young people and declare the teaching of sport in schools to be compulsory.

Art 69. Culture

1. Cultural matters are a cantonal responsibility.
2. Reference to art
   The Confederation may support cultural activities of national interest as well as art and music, in particular 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.

Art 70. Languages

1. The official languages of the Confederation are German, French and Italian. Romansh is also an official language of the Confederation when communicating with persons who speak Romansh.
2. Subsidiary unit government, Protection of language use
   The Cantons shall decide on their official languages. In order to preserve harmony between linguistic communities, the Cantons shall respect 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 support the plurilingual Cantons in the fulfilment of their special duties.
5. Protection of language use
   The Confederation shall support measures by the Cantons of Graubünden and Ticino to preserve and promote the Romansh and the Italian languages.

Art 71. Cinema

1. The Confederation may encourage Swiss film production and film culture.
2. It may issue regulations to promote the diversity and the quality of the cinematographic works that are offered.

Art 72. Church and state

1. Subsidiary unit government, Official religion
   The regulation of the relationship between the church and the state is the responsibility of the Cantons.
2. The Confederation and the Cantons may within the scope of their powers take measures to preserve public peace between the members of different religious communities.
3. The construction of minarets is prohibited.

Art 73. Sustainable development

Art 74. Protection of the environment

1. The Confederation shall legislate on the protection of the population 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 responsible for causing it.
3. The Cantons are responsible for the implementation of the relevant federal regulations, except where the law reserves this duty for the Confederation.

Art 75. Spatial planning

1. The Confederation shall lay down principles on spatial planning. These principles are binding on the Cantons and serve to ensure the appropriate and economic use of the land and its properly ordered settlement.
2. The Confederation shall encourage and coordinate the efforts of the Cantons and shall cooperate with them.
3. Confederation and Cantons shall take account of the requirements of spatial planning in fulfilling their duties.

Art 75a. National Land Survey

1. The National Land Survey is the responsibility 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 75b. Second homes

1. No more than 20 per cent of the total stock of residential units and the gross residential floor area in any commune may be used as second homes.
2. The law shall require communes to publish their first home percentage plan and a detailed report on its implementation every year.

Art 76. Water

1. The Confederation shall within the scope of its powers ensure the economic use and the protection of water resources and provide protection against the harmful effects of water.
2. It shall lay down principles on the conservation and exploitation of water resources, the use of water for the production of energy and for cooling purposes, as well as on other measures affecting the water-cycle.
3. It shall legislate on water protection, on ensuring appropriate residual flow, on hydraulic engineering and the safety of dams, and on measures that influence precipitation.
4. The Cantons shall manage their water resources. They may levy charges for the use of water, subject to the limits imposed by federal legislation. The Confederation has the right to use water for its transport operations subject to payment of a charge and compensation.
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 protective, commercial and public amenity functions.
2. It shall lay down principles on the protection of the forests.
3. It shall encourage measures for the conservation of the forests.

Art 78. Protection of natural and cultural heritage

1. The protection of natural and cultural heritage is the responsibility of the Cantons.
2. In the fulfilment of its duties, the Confederation shall take account of concerns for the protection of natural and cultural heritage. It shall protect the countryside and places of architectural, historical, natural or cultural interest; it shall preserve such places intact if required to do so in the public interest.
3. Protection from expropriation
   It may support efforts made for the protection of natural and cultural heritage and acquire or preserve properties of national importance by contract or through compulsory purchase.
4. It shall legislate on the protection of animal and plant life and on the preservation of their natural habitats and their diversity. It shall protect endangered species from extinction.
5. Moors and wetlands of special beauty and national importance shall be preserved. No buildings may be built on them and no changes may be made to the land, except for the construction of facilities that serve the protection of the moors or wetlands or their continued use for agricultural purposes.

Art 79. Fishing and hunting

Art 80. Protection of animals

1. The Confederation shall legislate on the protection of animals.
2. It shall in particular regulate:
   1. the keeping and care of animals;
   2. experiments on animals and procedures carried out on living animals;
   3. the use of animals;
   4. the import of animals and animal products;
   5. the trade in animals and the transport of animals;
   6. the slaughter of animals.
3. The enforcement of the regulations is the responsibility of the Cantons, except where the law reserves this to the Confederation.

Art 81. Public Construction Works

Art 82. Road transport

1. The Confederation shall legislate on road transport.
2. It shall exercise supervisory control over roads of national importance; it may decide which transit roads must remain open to traffic.
3. Public roads may be used free of charge. The Federal Assembly may authorise exceptions.

Art 83. National roads

1. The Confederation shall ensure the construction of a network of motorways and shall guarantee that they remain useable.
2. The Confederation shall construct, operate and maintain the national roads. It bears the costs thereof. It may assign this task wholly or partly to public or private bodies or combined public-private bodies.
3. [Repealed by the popular vote on 28 Nov 2004, in force since 1 Jan. 2008]

Art 84. Alpine transit traffic

1. Protection of environment
   The Confederation shall protect the Alpine 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 people, animals and plants or their habitats.
2. Transalpine goods traffic shall be transported from border to border by rail. The Federal Council shall take the measures required. Exceptions are permitted only when there is no alternative. They must be specified in detail in a federal act.
3. The capacity of the transit routes in the Alpine region may not be increased. This does not apply to by-pass roads that reduce the level of transit traffic in towns and villages.

Art 85. Heavy vehicle charge

1. The Confederation may levy a capacity or mileage-related charge on heavy vehicle traffic where such traffic creates public costs that are not covered by other charges or taxes.
2. The net revenue from the charge shall be used to cover the costs incurred in connection with the road traffic.
3. Subsidiary unit government
   The Cantons are entitled to a share of the net revenue. In the assessment of the shares allocated, the particular consequences that levying the charge have for mountainous and remote regions shall be taken into account.

Art 86. Consumption tax on motor fuels and other traffic taxes

1. The Confederation may levy a consumption tax on motor fuels.
2. It shall levy a charge for the use of the motorways by motor vehicles and trailers that are not liable to pay the heavy vehicle charge.
3. It shall use half of the net proceeds from the consumption tax on all motor fuels, with the exception of aircraft fuels, and the net revenue from the motorways charge for the following tasks and costs in connection with road traffic:
   1. the construction, maintenance and operation of motorways;
   2. measures to encourage combined transport and the transport of motor vehicles and drivers;
   3. measures to improve the transport infrastructure in cities and urban areas;
   4. contributions towards the cost of main roads;
   5. Protection of environment
      contributions towards protective structures to prevent natural disasters and measures to protect the environment and countryside from the effects of road traffic;
   6. general contributions towards the costs incurred by the Cantons for roads open to motor vehicles
   7. contributions to Cantons without motorways.

3bis

It shall use half of the net proceeds from the consumption tax on aircraft fuels for the following tasks and costs in connection with air traffic:

1. Protection of environment
   contributions towards environmental protection measures made necessary by air traffic;
2. Terrorism
   contributions towards security measures to protect against unlawful acts against air traffic, and in particular against terrorist attacks and the hijacking of aircraft, insofar as such measures are not the responsibility of national authorities;
3. contributions towards measures to ensure a high technical level of safety in air traffic.
4. If these resources are insufficient for the tasks and costs in connection with road and air traffic, then the Confederation shall levy a surcharge on the consumption tax on the fuels concerned.

Art 87. Railways and other modes of transport

Art 88. Footpaths and hiking trails

1. The Confederation shall lay down principles with regard to the network of footpaths and hiking trails.
2. It may support and coordinate cantonal measures to construct and maintain such networks.
3. It shall take account of the network of footpaths and hiking trails in the fulfilment of its duties and shall replace paths and trails that it has to close.

Art 89. Energy policy

1. Within the scope of their powers, the Confederation and Cantons shall endeavour to ensure a sufficient, diverse, safe, economic and environmentally sustainable energy supply as well as the economic and efficient use of energy.
2. The Confederation shall establish principles on the use of local and renewable energy sources and on the economic and efficient use of energy.
3. The Confederation shall legislate on the use of energy by installations, vehicles and appliances. It shall encourage the development of energy technologies, in particular in the fields of saving energy and the renewable energy sources.
4. The Cantons shall be primarily responsible for measures relating to the use of energy in buildings.
5. The Confederation shall take account in its energy policy of the efforts made by the Cantons, the communes and the business community; it shall take account of the conditions in the individual regions of the country and the limitations of what is economically feasible.

Art 90. Nuclear energy

Art 91. Transport of energy

1. The Confederation shall legislate on the transport and the supply of electrical energy.
2. The Confederation is responsible for legislation on transmission and distribution systems for the transport of liquid or gaseous fuels.

Art 92. Postal and telecommunications services

1. The Confederation is responsible for postal and telecommunications services.
2. The Confederation shall ensure the adequate, universal and reasonably priced provision of postal and telecommunications services in all regions of the country. The rates shall be fixed according to standard principles.

Art 93. Radio and television

1. The Confederation is responsible for legislation on radio and television as well as on other forms of public broadcasting of features and information.
2. State operation of the media
   Radio and television shall contribute to education and cultural development, to the free shaping of opinion and to entertainment. They shall take account of the particularities of the country and the needs of the Cantons. They shall present events accurately and allow a diversity of opinions to be expressed appropriately.
3. State operation of the media, Freedom of press
   The independence of radio and television as well as their autonomy in deciding on programming is guaranteed.
4. Account must be taken of the role and duties of other media, in particular the press.
5. Complaints about programmes may be submitted to an independent complaints authority.

Art 94. Principles of the economic system

1. Right to competitive marketplace
   The Confederation and the Cantons shall abide by the principle of economic freedom.
2. They shall safeguard the interests of the Swiss economy as a whole and, together with the private sector, shall contribute to the welfare and economic security of the population.
3. They shall endeavour to create favourable general conditions for the private sector in accordance with their responsibilities.
4. Right to competitive marketplace
   Any divergence from the principle of economic freedom, and in particular measures designed to restrain competition, shall be permitted only if they are provided for in the Federal Constitution or based on cantonal monopoly rights.

Art 95. Professional activities in the private sector

1. The Confederation may legislate on professional activities in the private sector.
2. It shall seek to create a unified Swiss economic area. It shall guarantee that persons with an academic qualification or with a federal or cantonal educational qualification or an educational qualification recognised by a Canton are able to practise their profession throughout Switzerland.
3. For the protection of the economy, private property and shareholders and to guarantee sustainable corporate governance, the law shall regulate Swiss companies limited by shares listed on stock exchanges in Switzerland and abroad in accordance with the following principles:
   1. the general meeting votes on an annual basis on the total amount of all remuneration (money and the value of benefits in kind) given to the board of directors, the executive board und the board of advisors. It elects on an annual basis the president of the board of directors, the individual members of the board of directors and the remuneration committee, and the independent proxy. Pension funds vote in the interests of their insured members and disclose how they have voted. Shareholders may vote remotely online; they may not be represented by a member of management or by a depositary bank;
   2. the members of management may not be given severance or similar payments, advance payments, bonuses for company purchases and sales, additional contracts as consultants to or employees of other companies in the group. The management of the company may not be delegated to a legal entity;
   3. the articles of association regulate the amount of credits, loans and pensions payable to members of management, their profit-sharing and equity participation plans and the number of mandates they may accept outside the group, as well as the duration of employment contracts of members of the executive board;
   4. Persons violating the provisions under letters a-c are liable to a custodial sentence not exceeding three years or to a monetary penalty not exceeding six times their annual remuneration.

Art 96. Competition policy

1. The Confederation shall legislate against the damaging effects in economic or social terms of cartels and other restraints on competition.
2. It shall take measures
   1. to prevent abuses in price maintenance by dominant undertakings and private and public law organisations;
   2. against unfair competition.

Art 97. Consumer protection

1. The Confederation shall take measures to protect 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 competition as professional and trade associations.
3. The Cantons shall provide a conciliation procedure or a simple and rapid court procedure for claims of up to a certain sum. The Federal Council determines this sum.

Art 98. Banks and insurance companies

1. The Confederation shall legislate on the banking and stock exchange system; in doing so, it shall take account of the special function and role of the cantonal banks.
2. It may legislate on financial services in other fields.
3. It shall legislate on private insurance.

Art 99. Monetary policy

1. The Confederation is responsible for money and currency; the Confederation has the exclusive right to issue coins and banknotes.
2. The Swiss National Bank, as an independent central bank, shall pursue a monetary policy that serves the overall interests of the country; it shall be administered with the cooperation and under the supervision of the Confederation.
3. The Swiss National Bank shall create sufficient currency reserves from its revenues; part of these reserves shall be held in gold.
4. Subsidiary unit government
   A minimum of two thirds of the net profits made by the Swiss National Bank shall be allocated to the Cantons.

Art 100. Economic policy

1. The Confederation shall take measures to achieve balanced economic development, and in particular to prevent and combat unemployment and inflation.
2. It shall take account of economic development in individual regions of the country. It shall cooperate with the Cantons and the business community.
3. In the field of money and banking, in foreign economic affairs and in the field of public finance, the Confederation may if necessary depart from the principle of economic freedom.
4. The Confederation, the Cantons and the communes shall take account of the economic situation in their revenue and expenditure policies.
5. To stabilise the economic situation, the Confederation may temporarily levy surcharges or grant rebates on federal taxes and duties. The accumulated funds must be held in reserve; following their release, direct taxes shall be individually refunded, and indirect taxes used to grant rebates or to create jobs.
6. The Confederation may oblige businesses to accumulate reserves for the creation of jobs; it shall for this purpose grant tax concessions and may require the Cantons to do the same. Following the release of the reserves, businesses shall be free to decide how the funds are applied within the scope of the uses permitted by law.

Art 101. Foreign economic policy

1. The Confederation shall safeguard the interests of the Swiss economy abroad.
2. In special cases, it may take measures to protect the domestic economy. In doing so, it may if necessary depart from the principle of economic freedom.

Art 102. National economic supply

1. The Confederation shall ensure that the country is supplied with essential goods and services in the event of the threat of politico-military strife or war, or of severe shortages that the economy cannot by itself counteract. It shall take precautionary measures to address these matters.
2. In exercising its powers under this Article, it may if necessary depart from the principle of economic freedom.

Art 103. Structural policy

Art 104. Agriculture

1. The Confederation shall ensure that agricultural sector, by means of a sustainable and market oriented production policy, makes an essential contribution towards:
   1. the reliable provision of the population with foodstuffs;
   2. Protection of environment
      the conservation of natural resources and the upkeep of the countryside;
   3. decentralised population settlement of the country.
2. In addition to the self-help measures that can reasonably be expected in the agriculture sector and if necessary in derogation from the principle of economic freedom, the Confederation shall support farms that cultivate the land.
3. Protection of environment
   The Confederation shall organise measures in such a manner that the agricultural sector fulfils its multi-functional duties. It has in particular the following powers and duties:
   1. supplementing revenues from agriculture by means of direct subsidies in order to achieve of fair and adequate remuneration for the services provided, subject to proof of compliance with ecological requirements.
   2. encouraging by means of economically advantageous incentives methods of production that are specifically near-natural and respectful of both the environment and livestock.
   3. legislating on declarations of origin, quality, production methods and processing procedures for foodstuffs.
   4. protecting the environment against the detrimental effects of the excessive use of fertilisers, chemicals and other auxiliary agents.
   5. at its discretion, encouraging agricultural research, counselling and education and subsidise investments.
   6. at its discretion, legislating on the consolidation of agricultural property holdings.
4. For these purposes, the Confederation shall provide both funds earmarked for the agricultural sector and general federal funds.

Art 105. Alcohol

Art 106. 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 operate a casino. In granting such a licence, the Confederation shall take account of regional circumstances. It shall levy a revenue-related tax on casinos; this tax must not exceed 80 per cent of the gross revenues from gambling. It shall be used to fund the Old-age, Survivors’ and Invalidity Insurance.
3. The cantons are responsible for granting licences for and supervising the following:
   1. gambling activities that are available to an unlimited number of people, are offered at more than one location and which are based on the same random draw or a similar procedure; the foregoing does not apply to the jackpot systems in casinos;
   2. betting on sports;
   3. games of skill.
4. Telecommunications
   Paragraphs 2 and 3 also apply to telecommunications-based gambling.
5. The Confederation and the cantons shall take account of the dangers of gambling. They shall ensure that appropriate protection is provided through legislation and supervisory measures and in doing so shall take account of the different characteristics of the games and the form and location of the gambling opportunity offered.
6. The cantons shall ensure that the net revenues from gambling in accordance with paragraph 3 letters a and b are used in their entirety for charitable purposes, in particular in the fields of culture, social projects and sport.
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 implementing bodies and the other half from the cantonal implementing bodies.

Art 107. Weapons and war material

1. The Confederation shall legislate against misuse of weapons and their accessories and ammunition.
2. It shall legislate on the manufacture, procurement and sale of war material as well as the import, export and transit of such material.

Art 108. Construction of housing and home ownership

1. The Confederation shall encourage the construction of housing, the acquisition of the ownership of apartments and houses for the personal use of private individuals, as well as the activities of developers and organisations involved in the construction of public utility housing.
2. It shall encourage in particular the acquisition and development of land for the construction of housing, increased efficiency in construction and the reduction of construction and housing costs.
3. It may legislate on the development of land for housing construction and on increasing the efficiency of construction.
4. In doing so, it shall take particular account of the interests of families, elderly persons, persons on low incomes and persons with disabilities.

Art 109. Landlord and tenant

1. The Confederation shall legislate against abuses in tenancy matters, and in particular against unfair rents, as well as on the procedure for challenging unlawfully terminated leases and the limited extension of leases.
2. It may legislate to declare framework leases to be generally applicable. Such leases may be declared generally applicable only if they take appropriate account of the justified interests of minorities and regional particularities, and respect the principle of equality before the law.

Art 110. Employment

1. The Confederation may legislate on:
   1. employee protection;
   2. relations between employer and employee, and in particular on common regulations on operational and professional matters;
   3. recruitment services;
   4. the declaration of collective employment agreements to be generally applicable.
2. Collective employment agreements may be declared generally applicable only if they take appropriate account of the justified interests of minorities and regional particularities, and they respect the principle of equality before the law and the right to form professional associations.
3. August 1 is the National Day of the Swiss Confederation. In terms of employment law, it is regarded as equivalent to a Sunday, with equivalent rights to pay.

Art 111. Old-age, survivors’ and invalidity pension provision

1. The Confederation shall take measures to ensure adequate financial provision for the elderly, surviving spouses and children, and persons with disabilities. These shall be based on three pillars, namely the Federal Old-age, Survivors’ and Invalidity Insurance, the occupational pension scheme and private pension schemes.
2. The Confederation shall ensure that the Federal Old-age, Survivors’ and Invalidity Insurance and the occupational pension scheme are able to fulfil their purpose at all times.
3. It may require the Cantons to exempt institutions of the Federal Old-age, Survivors’ and Invalidity Insurance and the occupational pension scheme from liability to pay tax and to grant insured persons and their employers tax relief on contributions and reversionary rights.
4. In cooperation with the Cantons, it shall encourage private pension schemes, in particular through measures relating to taxation policy and the policy of promoting property ownership.

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

1. The Confederation shall legislate on the Old-age, Survivors and Invalidity Insurance.
2. In doing so, it shall adhere to the following principles:
   1. the insurance is compulsory.
   2. it provides cash and non-cash benefits.
   3. pensions must be sufficient to cover basic living expenses adequately.
   4. the maximum pension must not be more than twice the minimum pension.
   5. pensions must as a minimum be adjusted in line with price trends.
3. The insurance is funded:
   1. through contributions from those insured, whereby employers must pay one half of the contributions payable by their employees;
   2. through subsidies from the Confederation.
4. The subsidies from the Confederation may not exceed one half of the disbursements made under the scheme.
5. The subsidies from the Confederation shall in the first place be funded from the net proceeds of the tax on tobacco, the tax on distilled spirits and the tax on the revenues from gaming houses.
6. [Repealed by the popular vote on 28 Nov 2004, with effect from 1 Jan. 2008]

Art 112a. Supplementary benefits

1. Confederation and Cantons shall pay supplementary benefits to people whose basic living expenses are not covered by benefits under the Old-age, Survivors and Invalidity Insurance.
2. The law determines the extent of the supplementary benefits as well as the tasks and responsibilities of the Confederation and Cantons.

Art 112b. Promoting the rehabilitation of people eligible for invalidity benefits

1. The Confederation shall encourage the rehabilitation of people eligible for invalidity benefits by providing cash and non-cash benefits. For this purpose, it may use resources from the Invalidity Insurance.
2. The Cantons shall encourage the rehabilitation of people eligible for invalidity benefits, in particular through contributions to the construction and running of institutions that provide accommodation and work.
3. The law determines the goals of rehabilitation and the principles and criteria.

Art 112c. Aid for elderly people and people with disabilities

1. The Cantons shall provide for assistance and care in the home for elderly people and people with disabilities.
2. The Confederation shall support national efforts for the benefit of elderly people and people with disabilities. For this purpose, it may use resources from the Old-age, Survivors and Invalidity Insurance.

Art 113. Occupational pension scheme

1. The Confederation shall legislate for an occupational pension scheme.
2. In doing so, it shall adhere to the following principles:
   1. the occupational pension scheme, together with the Old-age, Survivors’ and Invalidity Insurance, enables the insured person to maintain his or her previous lifestyle in an appropriate manner.
   2. the occupational pension scheme is compulsory for employees; the law may provide for exceptions.
   3. employers shall insure their employees with a pension institution; if required, the Confederation shall make it possible for employees to be insured with a federal pension institution.
   4. self-employed persons may insure themselves on a voluntary basis with a pension institution.
   5. for specific groups of self-employed persons, the Confederation may declare the occupational pension scheme to be compulsory, either in general terms or for individual risks only.
3. The occupation pension scheme is funded from the contributions of those insured, whereby employers must pay a minimum of one half of the contributions of their employees.
4. Pension schemes must satisfy the minimum requirements under federal law; the Confederation may provide for national measures to resolve particular difficulties.

Art 114. Unemployment insurance

1. The Confederation shall legislate on unemployment insurance.
2. In doing so, it shall adhere to the following principles:
   1. the insurance guarantees appropriate compensation for loss of earnings and supports measures to prevent and combat unemployment.
   2. the insurance is compulsory for employees; the law may provide for exceptions.
   3. self-employed persons may insure themselves voluntarily.
3. The insurance is funded by the contributions from those insured, whereby one half of the contributions of employees shall be paid by their employers.
4. Confederation and Cantons shall provide subsidies in extraordinary circumstances.
5. The Confederation may enact regulations on social assistance for the unemployed.

Art 115. Support for persons in need

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 support measures for the protection of families.
2. It may issue regulations on child allowances and operate a federal family allowances compensation fund.
3. It shall establish a maternity insurance scheme. It may also require persons who cannot benefit from that insurance to make contributions.
4. The Confederation may declare participation in a family allowances compensation fund and the maternity insurance scheme to be compulsory, either in general terms or for individual sections of the population, and make its subsidies dependent on appropriate subsidies being made by the Cantons.

Art 117. Health and accident insurance

1. The Confederation shall legislate on health and accident insurance.
2. It may declare health and the accident insurance to be compulsory, either in general terms or for individual sections of the population.

Art 118. Health protection

1. The Confederation shall, within the limits of its powers, take measures for the protection of health.
2. It shall legislate on:
   1. Drugs, alcohol, and illegal substances
      the use of foodstuffs as well as therapeutic products, narcotics, organisms, chemicals and items that may be dangerous to health;
   2. the combating of communicable, widespread or particularly dangerous human and animal diseases;
   3. protection against ionising radiation.

Art 118a. Complementary medicine

Art 118b. Research on human beings

1. Human dignity
   The Confederation shall legislate on research on human beings where this is required in order to protect their dignity and privacy. In doing so, it shall preserve the freedom to conduct research and shall take account of the importance of research to health and society.
2. The Confederation shall adhere to the following principles in relation to biological and medical research involving human beings:
   1. It is a requirement for any research project that the participants or their legal representatives have given their informed consent. The law may provide for exceptions. A refusal is binding in every case.
   2. The risks and stress for the participants must not be disproportionate to the benefits of the research project.
   3. A research project involving persons lacking the capacity to consent may be conducted only if findings of equal value cannot be obtained from research involving persons who have the capacity to consent. If the research project is not expected to bring any immediate benefit to the persons lacking the capacity to consent, the risks and stress must be minimal.
   4. An independent assessment of the research project must have determined that the safety of the participants is guaranteed.

Art 119. Reproductive medicine and gene technology involving human beings

1. Human beings shall be protected against the misuse of reproductive medicine and gene technology.
2. Human dignity
   The Confederation shall legislate on the use of human reproductive and genetic material. In doing so, it shall ensure the protection of human dignity, privacy and the family and shall adhere in particular to the following principles:
   1. all forms of cloning and interference with the genetic material of human reproductive cells and embryos are unlawful.
   2. non-human reproductive and genetic material may neither be introduced into nor combined with human reproductive material.
   3. the procedure for medically-assisted reproduction may be used only if infertility or the risk of transmitting a serious illness cannot otherwise be overcome, but not in order to conceive a child with specific characteristics or to further research; the fertilisation of human egg cells outside a woman’s body is permitted only under the conditions laid down by the law; no more human egg cells may be developed into embryos outside a woman’s body than are capable of being immediately implanted into her.
   4. the donation of embryos and all forms of surrogate motherhood are unlaw­ful.
   5. the trade in human reproductive material and in products obtained from embryos is prohibited.
   6. the genetic material of a person may be analysed, registered or made public only with the consent of the person concerned or if the law so provides.
   7. every person shall have access to data relating to their ancestry.

Art 119a. Transplant medicine

1. Human dignity
   The Confederation shall legislate in the field of organ, tissue and cell transplants. In doing so, it shall ensure the protection of human dignity, privacy and health.
2. It shall in particular 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 prohibited.

Art 120. Non-human gene technology

1. Human beings and their environment shall be protected against the misuse of gene technology.
2. The Confederation shall legislate on the use of reproductive and genetic material from animals, plants and other organisms. In doing so, it shall take account of the dignity of living beings as well as the safety of human beings, animals and the environment, and shall protect the genetic diversity of animal and plant species.

Art 121. Legislation on foreign nationals and asylum

1. The Confederation is responsible for legislation on entry to and exit from Switzerland, the residence and the permanent settlement of foreign nationals and on the granting of asylum.
2. Foreign nationals may be expelled from Switzerland if they pose a risk to the security of the country.
3. Irrespective of their status under the law on foreign nationals, foreign nationals shall lose their right of residence and all other legal rights to remain in Switzerland if they:
   1. Drugs, alcohol, and illegal substances
      are convicted with legal binding effect of an offence of intentional homicide, rape 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 burglary offence; or
   2. have improperly claimed social insurance or social assistance benefits.
4. The legislature shall define the offences covered by paragraph 3 in more detail. It may add additional offences.
5. Foreign nationals who lose their right of residence and all other legal rights to remain in Switzerland in accordance with paragraphs 3 and 4 must be deported from Switzerland by the competent 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.
6. Any person who fails to comply with the ban on entry or otherwise enters Switzerland illegally commits an offence. The legislature shall issue the relevant provisions.

Art 121a. Control of immigration

1. Switzerland shall control the immigration of foreign nationals autonomously.
2. The number of residence permits for foreign nationals in Switzerland shall be restricted by annual quantitative limits and quotas. The quantitative limits apply to all permits issued under legislation on foreign nationals, including those related to asylum matters. The right to permanent residence, family reunification and social benefits may be restricted.
3. The annual quantitative limits and quotas for foreign nationals in gainful employment must be determined according to Switzerland's general economic interests, while giving priority to Swiss citizens; the limits and quotas must include crossborder commuters. The decisive criteria for granting residence permits are primarily a application from an employer, ability to integrate, and adequate, independent means of subsistence.
4. International law
   No international agreements may be concluded that breach this Article.
5. The law shall regulate the details.

Art 122. Civil law

1. The Confederation is responsible for legislation in the field of civil law and the law of civil procedure.
2. Subsidiary unit government
   The Cantons are responsible for the organisation of the courts and the administration of justice in civil matters, unless the law provides otherwise.

Art 123. Criminal law

1. The Confederation is responsible for legislation in the field of criminal law and the law of criminal procedure.
2. Subsidiary unit government
   The Cantons are responsible for the organisation of the courts, the administration of justice in criminal cases as well as for the execution of penalties and measures, unless the law provides otherwise.
3. The Confederation may issue regulations on the execution of penalties and measures. It may grant subsidies to the Cantons for:
   1. the construction of penal institutions;
   2. improvements in the execution of penalties and measures;
   3. institutions that conduct educative measures for the benefit of children, adolescents and young adults

Art 123a

1. If a sex offender or violent offender is regarded in the reports required for sentencing as being extremely dangerous and his or her condition assessed as untreatable, he or she must be incarcerated until the end of his or her life due to the high risk of reoffending. Early release and release on temporary licence are not permitted.
2. Reference to science
   Only if new scientific findings prove that the offender can be cured and thus no longer represents a danger to the public can new reports be drawn up. If the offender is released on the basis of these new reports, the authorities granting his or her release must accept liability if he reoffends.
3. All reports assessing sex offenders or violent offenders must be drawn up by at least two experienced specialists who are independent of each other. The reports must take account of all the principles that are important for the assessment.

Art 123b. No time limit for the right to prosecute or for penalties for sexual or pornography offences involving prepubescent children

Art 124. Victim support

Art 125. Weights and measures

Art 148. Status

1. Subject to the rights of the People and the Cantons, the Federal Assembly is the supreme authority of the Confederation.
2. Structure of legislative chamber(s)
   The Federal Assembly comprises two chambers, the National Council and the Council of States; both chambers shall be of equal standing.

Art 149. Composition and election of the National Council

1. Size of first chamber
   The National Council is composed of 200 representatives of the People.
2. The representatives are elected directly by the People according to a system of proportional representation. A general election is held every four years.
3. Electoral districts
   Each Canton constitutes an electoral constituency.
4. The seats are allocated to the Cantons according to their relative populations. Each Canton has at least one seat.

Art 150. Composition and election of the Council of States

1. Size of second chamber
   The Council of States is composed of 46 representatives of the Cantons.
2. The Cantons of Obwalden, Nidwalden, Basel-Stadt, Basel-Landschaft, Appenzell Ausserrhoden and Appenzell Innerrhoden each elect one representative; the other Cantons each elect two representatives.
3. The Cantons determine the rules for the election of their representatives to the Council of States.

Art 151. Sessions

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

Art 153. Parliamentary committees

1. Each Council forms committees from its members.
2. The law may provide for joint committees.
3. The law may delegate specific powers, which may not be legislative in their nature, to committees.
4. Legislative oversight of the executive
   In order to fulfil their duties, the committees have the right to information and to inspect documents and the power to conduct investigations. The extent of such rights and powers is governed by the law.

Art 154. Parliamentary groups

Art 155. Parliamentary Services

Art 156. Separate proceedings

1. The proceedings of the National Council and Council of States take place separately.
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:
   1. the validity or partial invalidity of a popular initiative;
   2. the implementation of a popular initiative in the form of a general proposal that has been adopted by the People;
   3. the implementation of a Federal Decree initiating a total revision of the Federal Constitution that has been approved by the People;
   4. Budget bills
      the budget or any amendment to it.

Art 157. Joint proceedings

1. The National Council and Council of States hold joint proceedings as the United Federal Assembly under the presidency of the President of the National Council in order to:
   1. conduct elections;
   2. decide on conflicts of jurisdiction between the highest federal authorities;
   3. decide on applications for pardons.
2. The United Federal Assembly also convenes for special events and to hear declarations made by the Federal Council.

Art 158. Public meetings

Art 159. Quorum and required majority

1. Quorum for legislative sessions
   The Councils are quorate if a majority of their members is present.
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:
   1. a declaration that a federal act is urgent;
   2. provisions on subsidies, guarantee credits or spending ceilings that involve new non-recurrent expenditure of more than 20 million francs or new recurrent expenditure of more than 2 million francs;
   3. Budget bills
      an increase in overall expenditure in the case of extraordinary financial requirements in terms of Article 126 paragraph 3.
4. The Federal Assembly may, by ordinance, adjust subsidies made in terms of paragraph 3 letter b in line with inflation.

Art 160. Right to submit initiatives and motions

1. Initiation of general legislation
   Any Council member, parliamentary group, parliamentary 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 person.
2. Members must disclose their links to interest groups.

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 provide for further forms of immunity and extend its scope to include other persons.

Art 163. Form of Federal Assembly enactments

1. The Federal Assembly shall enact provisions that establish binding legal rules in the form of federal acts or ordinances.
2. Other enactments are promulgated in the form of a federal decree; a federal decree that is not subject to a referendum is known as a “simple federal decree”.

Art 164. Legislation

1. All significant provisions that establish binding legal rules must be enacted in the form of a federal act. These include in particular fundamental provisions on:
   1. the exercise of political rights;
   2. the restriction of constitutional rights;
   3. the rights and obligations of persons;
   4. those liable to pay tax as well as the subject matter and assessment of taxes and duties;
   5. the duties and services of the Confederation;
   6. the obligations of the Cantons in relation to the implementation and enforcement of federal law;
   7. the organisation and procedure of the federal authorities.
2. Legislative powers may be delegated by federal act unless this is prohibited 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 duration.
2. If a referendum is requested on an emergency federal act, the act must be repealed one year after being passed by the Federal Assembly if it has not in the meantime been approved by the People.
3. An emergency federal act that does not have the Constitution as its basis must be repealed one year after being passed by the Federal Assembly if it has not in the meantime been approved by the People and the Cantons. Any such act must be of limited duration.
4. An emergency federal act that is not approved in a popular vote may not be renewed.

Art 166. Foreign relations and international treaties

1. The Federal Assembly shall participate in shaping foreign policy and supervise the maintenance of foreign relations.
2. International law, Treaty ratification
   It shall approve international treaties, with the exception of those that are concluded by the Federal Council under a statutory provision or an international treaty.

Art 167. Finance

Art 168. Appointments

1. Supreme court selection, Designation of commander in chief, Head of state selection
   The Federal Assembly elects the members of the Federal Council, the Federal Chancellor, the judges of the Federal Supreme Court and, in times of war, the Commander-in-Chief of the armed forces ("the General").
2. The law may authorise the Federal Assembly to make or confirm other appointments.

Art 169. Supervisory control

1. The Federal Assembly supervises the Federal Council and the Federal Administration, the federal courts and other bodies entrusted with the tasks of the Confederation.
2. Official secrecy does not apply in dealings with the special delegations of supervisory committees that are established under the law.

Art 170. Evaluation of effectiveness

Art 171. Tasks of the Federal Council

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. Treaty ratification
   It shall decide whether to approve 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 powers

1. The Federal Assembly has the following additional duties and powers:
   1. taking measures to safeguard external security and the independence and neutrality of Switzerland.
   2. taking measures to safeguard internal security.
   3. if extraordinary circumstances require, issuing ordinances or simple federal decrees in order to fulfil its duties under letters (a) and (b).
   4. regulating active service and mobilising the armed forces or sections thereof for this purpose.
   5. taking measures to enforce federal law.
   6. ruling on the validity of popular initiatives that meet the formal requirements.
   7. participating in the general planning of state activities.
   8. deciding on individual acts where a federal act expressly so provides.
   9. deciding on conflicts of jurisdiction between the highest federal authorities.
   10. issuing pardons and deciding on amnesties.
2. The Federal Assembly also deals with matters that fall within the remit of the Confederation and are not the responsibility of any other authority.
3. Other duties and powers may be delegated by law to the Federal Assembly.

Art 174. Federal Council

Art 175. Composition and election

1. Name/structure of executive(s)
   The Federal Council has seven members.
2. Head of state selection
   The members of the Federal Council are elected by the Federal Assembly following each general election to the National Council.
3. Minimum age of head of state, Head of state term length, Eligibility for head of state
   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.
4. Eligibility for head of state
   In electing the Federal Council, care must be taken to ensure that the various geographical and language regions of the country are appropriately represented.

Art 176. Presidency

1. The President of the Confederation chairs the Federal Council.
2. Head of state selection, Head of state term length, Deputy executive
   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 permitted. The President may not be elected Vice-President for the following year.

Art 177. Principle of collegiality and allocation to departments

1. The Federal Council reaches its decisions as a collegial body.
2. For the purposes of preparation and implementation, the business of the Federal Council is allocated to its individual members according to department.
3. Business may be delegated to and directly dealt with by departments or their subordinate administrative units; in such cases, the right to legal recourse is guaranteed.

Art 178. Federal Administration

1. The Federal Council is in charge of the Federal Administration. It ensures that it is organised appropriately and that it fulfils its duties effectively.
2. Establishment of cabinet/ministers
   The Federal Administration is organised into Departments; each Department is headed by a member of the Federal Council.
3. Administrative tasks may by law be delegated to public or private organisations, entities or persons that do not form part of the Federal Administration.

Art 179. Federal Chancellery

Art 180. Government policy

1. Head of state powers
   The Federal Council decides on the objectives of federal government policy and the means by which they should be achieved. It plans and coordinates state activities.
2. It informs the general public fully and in good time about its activities, unless overriding public or private interests prevent this.

Art 181. Right to initiate legislation

Art 182. Lawmaking and implementation of legislation

1. Head of state decree power
   The Federal Council enacts legislative provisions in the form of ordinances, provided it has the authority to do so under the Constitution or the law.
2. It ensures the implementation of legislation, the resolutions of the Federal Assembly and the judgments of federal judicial authorities.

Art 183. Finances

1. Budget bills
   The Federal Council draws up the financial plan and the draft budget and prepare the federal accounts.
2. It ensures orderly financial management.

Art 184. Foreign relations

1. Foreign affairs representative
   The Federal Council is responsible for foreign relations, subject to the right of participation of the Federal Assembly; it represents Switzerland abroad.
2. It signs and ratifies international treaties. It submits them to the Federal Assembly for approval.
3. Head of state decree power
   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, independence and neutrality of Switzerland.
2. It takes measures to safeguard internal security.
3. Emergency provisions, Head of state decree power
   It may in direct application of this Article issue ordinances and rulings in order to counter existing or imminent threats of serious disruption to public order or internal or external security. Such ordinances must be limited in duration.
4. Emergency provisions, Designation of commander in chief
   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 deployment of such troops is expected 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 responsible for maintaining relations between the Confederation and the Cantons and collaborates with the latter.
2. Federal review of subnational legislation
   It may approve cantonal legislation when required to do so by federal law.
3. Treaty ratification
   It may object to treaties between Cantons or between Cantons and foreign countries.
4. It ensures compliance 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 powers

1. The Federal Council also has the following duties and powers:
   1. supervising the Federal Administration and the other bodies entrusted with federal duties.
   2. Legislative oversight of the executive
      reporting regularly to the Federal Assembly on the conduct of its business as well as on the situation in Switzerland.
   3. making appointments that do not fall within the remit of other authorities.
   4. dealing with appeals, where the law so provides.
2. Other duties and powers may be delegated by law to the Federal Council.

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

2. Transitional provision to Art 85 (Flat-rate heavy vehicle charge)

1. The Confederation shall levy an annual charge for the use of roads that are open to general traffic on domestic and foreign motor vehicles and trailers that have a maximum permissible weight of over 3.5 tonnes.
2. This charge amounts to:
   1. for trucks and articulated motor vehicles of
      • over 3.5 to 12 t ... Fr. 650

        over 12 to 18 t ... Fr. 2000

        over 18 to 26 t ... Fr. 3000

        over 26 t ... Fr. 4000

   2. for trailers of
      • over 3.5 to 8 t ... Fr. 650

        over 8 to 10 t ... Fr. 1500

        over 10 t ... Fr. 2000

   3. for coaches ... Fr. 650
3. The rates of the charge may be adjusted by federal act insofar as this is justified by the cost of road transport.
4. In addition, the Federal Council may adjust by ordinance the tariff category above 12 t in accordance with paragraph 2 to comply with any amendments to the weight categories contained in the Road Traffic Act of 19 December 1958.
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 implementation of the charge. It may determine rates in terms of paragraph 2 for special categories of vehicle, exempt certain vehicles from the charge and issue special regulations, in particular for journeys in border areas. Such regulations must not result in vehicles registered abroad being treated more favourably than Swiss vehicles. The Federal Council may provide for fines in respect 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 provision applies until the Heavy Vehicle Charge Act of 19 December 1997 comes into force.

3. Transitional provision to Art 87 (Railways and other carriers)

1. The major rail projects include the New Rail Link through the Alps (NRLA), RAIL 2000, the connection of Eastern and Western Switzerland to the European High Speed Rail Network as well as the improvement of noise protection along railway lines through active and passive measures.
2. In order to fund the major rail projects, the Federal Council may:
   1. use all revenues from the flat-rate heavy vehicle charge in accordance with Article 196 No 2 until the performance or consumption based heavy vehicle charge in terms of Article 85 comes into force and may, for this purpose, increase the rates of the charge by a maximum of 100 per cent;
   2. use a maximum of two thirds of the revenues from the performance or consumption-based heavy vehicle charge in terms of Article 85;
   3. use mineral oil tax revenues in terms of Article 86 paragraph 3 letter b in order to cover 25 per cent of the total expenditures on the NRLA base lines;
   4. raise funds on the capital market, up to a maximum however of 25 per cent of the total expenditures for NRLA, RAIL 2000 and connection of Eastern and Western Switzerland to the European High Speed Rail Network;
   5. increase the value added tax rates laid down in Article 130 paragraphs 1-3 by 0.1 percentage point;
   6. International organizations
      provide for additional funding from private sources or through international organisations.
3. The funding of the major rail projects in accordance with paragraph 1 shall be carried out through a fund that is legally dependent on the Confederation but which keeps its own accounts. The resources from the charges and taxes mentioned in paragraph 2 shall be entered in the financial accounts of the Confederation and paid into the fund in the same year. The Confederation may grant advances to the fund. The Federal Assembly shall enact the fund regulations in the form of an ordinance.
4. The four major rail projects in terms of paragraph 1 shall be adopted by federal acts. Proof must be established of the necessity and readiness for implementation. For each major project in its entirety. In the case of the NRLA project, each of the construction phases shall form the subject matter of a federal act. The Federal Assembly shall approve the required funding through guarantee credits. The Federal Council shall approve the construction phases and determines the time schedule.
5. This provision applies until the conclusion of the construction work and of the funding (through repayment of the advances) of the major rail projects mentioned in paragraph 1.

4. Transitional provision to Art 90 (Nuclear energy)

5. Transitional provision to Art 95 (Private economic activity)

6. Transitional provision to Art 102 (National economic supply)

1. The Confederation shall guarantee the national supply of bread grain and baking flour.
2. This transitional provision remains in force until 31 December 2003 at the latest.

7. Transitional provision to Art 103 (Structural policy)

8. Transitional provision to Art 106 (Gambling)

9. Transitional provision to Art 110 para. 3 (National Day of the Swiss Confederation)

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 calculation of the number the public holidays in accordance with Article 18 paragraph 2 of the Employment Act.

10. Repealed by the popular vote on 28 Nov 2004, with effect from 1 Jan. 2008

11. Transitional provision to Art 113 (Occupational Pension Scheme)

12. Transitional provision to Art 126 (Financial management)

13. Transitional provision to Art 128 (Duration of tax levy)

1. The power to levy the direct federal tax shall be limited until the end of 2020.

14. Transitional provision to Art 130 (Value Added Tax)

1. The power 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:
   1. by 0.4 percentage points of the standard rate in accordance with Article 36 paragraph 3 of the Federal Act of 2 September 1999 on Value Added Tax (VATA);
   2. by 0.1 percentage points of the reduced rate in accordance with Article 36 paragraph 1 VATA;
   3. by 0.2 percentage points of the special rate for accommodation services in accordance with Article 36 paragraph 2 VATA.
3. The revenue from the increase in rates in accordance with paragraph 2 will be allocated in full to the Compensation Fund for Invalidity Insurance.

15. Transitional provision to Art 131 (Beer tax)

16. Repealed by the popular vote on 28 Nov 2004, with effect from 1 Jan. 2008

1. Accession of Switzerland to the United Nations

1. Switzerland shall accede to the United Nations.
2. The Federal Council shall be authorised to submit an application to the Secretary General of the United Nations (UN) requesting Switzerland’s accession to the organisation, together with a declaration on the acceptance of the obligations contained in the UN Charter.

2. Transitional provision to Art 62 (School education)

3. Transitional provision to Art 83 (National roads)

4. Transitional provision to Art 112b (Promoting the rehabilitation of people eligible for invalidity benefits)

5. Transitional provision to Art 112c (Aid for elderly people and people with disabilities)

7. Transitional Provision to Art 120 (Non-human gene technology)

8. Transitional provision to Art 121 (Residence and Permanent Settlement of Foreign Nationals)

9. Transitional provision to Art 75b (Second homes)

1. If the relevant legislation does not come into force within two years of the adoption of Article 75b, the Federal Council shall issue the required implementing provisions on construction, sale and recording in the land register by ordinance.
2. Building permits for second homes granted between 1 January of the year following the adoption of Article 75b and the date on which the implementing provisions come into force shall be null and void.

10. Transitional provision to Art 95 para. 3

11. Transitional provision to Art 121a (Control of immigration)

1. International law, Legal status of treaties
   International agreements that contradict Article 121a must be renegotiated and amended within three years of its adoption by the People and the Cantons.
2. If the implementing legislation for Article 121a has not come into force within three years of its adoption by the People and the Cantons, the Federal Council shall issue temporary implementing provisions in the form of an ordinance.