Federal Constitution of the Swiss Confederation
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Chapter 1 General Provisions
Art. 143 Eligibility for election
Any person eligible to vote may be elected to the National Council, the Federal Council or the Federal Supreme Court.
Art. 144 Incompatibility
1 No member of the National Council, of the Council of States, of the Federal Council or judge of the Federal Supreme 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 Supreme Court may hold any other federal or cantonal office or undertake any other gainful economic activity. 3 The law may provide for further forms of incompatibility.
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 Federal Supreme 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 procedure
The Cantons, the political parties and interested groups shall be invited to express their views when preparing important legislation or other projects of substantial impact as well as in relation to significant international treaties.
Chapter 2 Federal Assembly
Section 1 Organisation
Art. 148 Status
1 Subject to the rights of the People and the Cantons, the Federal Assembly is the supreme authority of the Confederation. 2 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 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 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 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 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 following year is not permitted.
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 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
The members the Federal Assembly may form parliamentary groups.
Art. 155 Parliamentary Services
The Federal Assembly has parliamentary services at its disposal. It may call on the services of offices of the Federal Administration. The details are regulated by law.
Section 2 Procedure
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: a. the validity or partial invalidity of a popular initiative; b. the implementation of a popular initiative in the form of a general proposal that has been adopted by the People; c. the implementation of a Federal Decree initiating a total revision of the Federal Constitution that has been approved by the People; d. the budget or any amendment to it.
Para. 3 let. b — Adopted by the popular vote on 27 Sept. 2009, in force since 27 Sept. 2009 (FedD of 19 Dec. 2008, FCD of 1 Dec. 2009; AS 2009 6409; BBl 2008 2891 2907, 2009 13 8719). Para. 3 let. c — Adopted by the popular vote on 27 Sept. 2009, in force since 27 Sept. 2009 (FedD of 19 Dec. 2008, FCD of 1 Dec. 2009; AS 2009 6409; BBl 2008 2891 2907, 2009 13 8719). Para. 3 let. d — Adopted by the popular vote on 9 Feb. 2003, lets. a and d in force since 1 Aug. 2003 (FedD of 4 Oct. 2002, FCD of 2
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: a. conduct elections; b. decide on conflicts of jurisdiction between the highest federal authorities; c. 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
Meetings of the Councils are held in public. The law may provide for exceptions.
Art. 159 Quorum and required majority
1 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: a. a declaration that a federal act is urgent; b. 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; c. 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.
Para. 3 let. c — Adopted by the popular 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). Para. 4 — Adopted by the popular 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).
Art. 160 Right to submit initiatives and motions
1 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.
Section 3 Powers
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: a. the exercise of political rights; b. the restriction of constitutional rights; c. the rights and obligations of persons; d. those liable to pay 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 implementation and enforcement of federal law; g. 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 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
The Federal Assembly determines the expenditure of the Confederation, adopt the budget and approve the federal accounts.
Art. 168 Appointments
1 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 Oversight
1 The Federal Assembly exercises oversight over 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
The Federal Assembly shall ensure that federal measures are evaluated with regard to their effectiveness.
Art. 171 Tasks of the Federal Council
The Federal Assembly may assign functions to the Federal Council. The details are regulated by law, and in particular the means by which the Federal Assembly may intervene in matters that fall within the remit of the Federal Council.
Art. 172 Relations between the Confederation and the Cantons
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 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: a. Taking measures to safeguard external security and the independence and neutrality of Switzerland. b. Taking measures to safeguard internal security. c. If extraordinary circumstances require, issuing ordinances or simple federal decrees in order to fulfil its duties under letters (a) and (b). d. Regulating active service and mobilising the armed forces or sections thereof for this purpose. e. Taking measures to enforce federal law. f. Ruling on the validity of popular initiatives that meet the formal requirements. g. Participating in the general planning of state activities. h. Deciding on individual acts where a federal act expressly so provides. i. Deciding on conflicts of jurisdiction between the highest federal authorities. k. 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 au
Chapter 3 Federal Council and Federal Administrati
Section 1 Organisation and Procedure
Art. 174 Federal Council
The Federal Council is the supreme governing and executive authority of the Confederation.
Art. 175 Composition and election
1 The Federal Council has seven members. 2 The members of the Federal Council are elected by the Federal Assembly following 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. 4 In electing the Federal Council, care must be taken to ensure that the various geographical and language regions of the country are appropriately represented.
Para. 3 — Adopted by the popular 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). Para. 4 — Adopted by the popular 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).
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 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 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
The Federal Chancellery is the general administrative office of the Federal Council. It is headed by a Federal Chancellor.
Section 2 Powers
Art. 180 Government policy
1 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
The Federal Council submits drafts of Federal Assembly legislation to the Federal Assembly.
Art. 182 Law-making and implementation of legislation
1 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 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 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 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 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 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 It may approve cantonal legislation when required to do so by federal law. 3 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: a. Supervising the Federal Administration and the other bodies entrusted with federal duties. b. Reporting regularly to the Federal Assembly on the conduct of its business as well as on the situation in Switzerland. c. Making appointments that do not fall within the remit of other authorities. d. Dealing with appeals, where the law so provides. 2 Other duties and powers may be delegated by law to the Federal Council.
Chapter 4 Federal Supreme Court and other Judicial
Adopted by the popular 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).
Art. 188 Status
1 The Federal Supreme Court is the supreme judicial authority of the Confederation. 2 Its organisation and procedure are governed by law. 3 The Federal Supreme Court has its own administration.
Art. 189 Jurisdiction of the Federal Supreme Court
1 The Federal Supreme Court hears disputes concerning violations of: a. federal law; b. international law; c. inter-cantonal law; d. cantonal constitutional rights; e. the autonomy of the communes and other cantonal guarantees in favour of public law corporations; f. federal and cantonal provisions on political rights. [tab] 1bis ... 2 It hears disputes between the Confederation and Cantons or between Cantons. 3 The jurisdiction of the Federal Supreme Court may be extended by law. 4 Acts of the Federal Assembly or the Federal Council may not be challenged in the Federal Supreme Court. Exceptions may be provided for by law.
Para. 1 let. tab — Adopted by the popular 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). Repealed in the Popular Vote on 27 Sept. 2009, with effect from 27 Sept. 2009 (FedD of 19 Dec. 2008, FCD of 1 Dec. 2009; AS 2009 6409; BBl 2008 2891 2907, 2009 13 8719). This paragraph in its version of FedD of 4 Oct. 2002 never came into force.
Art. 190 Applicable law
The Federal Supreme Court and the other judicial authorities apply the federal acts and international law.
Art. 191 Access to the Federal Supreme Court
1 Access to the Federal Supreme Court is guaranteed by law. 2 For disputes that do not relate to a legal issue of fundamental importance, the law may stipulate a threshold for the amount in dispute. 3 The law may exclude access to the Federal Supreme Court in relation to specific matters. 4 The law may provide for a simplified procedure for appeals that are manifestly unfounded.
Art. 191a Other federal judicial authorities
1 The Confederation shall appoint a criminal court, which hears at first instance criminal cases that by law come under federal jurisdiction. The law may confer further powers on the Federal Criminal Court. 2 The Confederation shall appoint judicial authorities to hear public law disputes that come under the jurisdiction of the Federal Administration. 3 The law may provide for further federal judicial authorities.
Art. 191a — Adopted by the popular vote on 12 March 2000, para. 1 in force since 1 April 2003, paras 2 and 3 in force since 1 Sept. 2005 (FedD of 8 Oct. 1999, FCD of 17 May 2000, FedD of 24 Sept. 2002; AS 2002 3148; BBl 1997 I 1, 1999 8633, 2000 2990, 2001 4202, 2005 1475).
Art. 191b Cantonal judicial authorities
1 The Cantons shall appoint judicial authorities to judge civil and public law disputes and criminal law cases. 2 They may appoint joint judicial authorities.
Art. 191c Independence of the judiciary
The judicial authorities are independent in the exercise of their judicial powers and are bound only by the law.