Constitution of The Republic of Pleasant
Transcript of Constitution of The Republic of Pleasant
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The Constitution of The Republic of
Pleasant
Article 1 Pleasante Democracy
The Pleasante People and the Districts of 1, 2, and 3 form the
Pleasante Democracy.
Article 2 Purpose
(1) The Pleasante Democracy protects the liberty and rights of
the people and safeguards the independence and security of
the country.
(2) t promotes common !elfare, sustainable de"elopment,
inner cohesion, and cultural di"ersity of the country.
(3) t ensures the highest possible degree of e#ual
opportunities for all citi$ens.
(%) t stri"es to safeguard the long&term preser"ation of
natural resources and to promote a 'ust and peaceful
international order.
Article 3 Districts
The Districts are so"ereign insofar as their so"ereignty is not
limited by the ederal onstitution* they e+ercise all rights not
transferred to the Democracy.
Article % ational -anguages
The ational -anguages are rench and nglish.
Article / 0ule of -a!
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religious, philosophical, or political con"ictions, or because of
a corporal or mental disability.
(3) 8en and !omen ha"e e#ual rights. The la! pro"ides for
legal and factual e#uality, particularly in the family, during
education, and at the !or9place. 8en and !omen ha"e theright to e#ual pay for !or9 of e#ual "alue.
(%) The la! pro"ides for measures to eliminate disad"antages
of disabled people.
Article : Protection Against Arbitrariness
"ery person has the right to be treated by state institutions
!ithout arbitrariness.
Article 1; 0ight to -ife and Personal reedom
(1) "ery person has the right to life. The death penalty is
prohibited.
(2) "ery person has the right to personal liberty, namely to
corporal and mental integrity and freedom of mo"ement.
(3) Torture and any other form of cruel, inhuman, or degrading
treatment or punishment are prohibited.
Article 11 Protection of hildren and Adolescents
(1) hildren and adolescents ha"e the right to special
protection of the personal integrity and to promotion of their
de"elopment.
(2) They e+cercise their rights according to their capacity to
discern.
Article 12 0ight to Aid in Distress
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(2) "ery person has the right to form, e+press, and
disseminate his or her opinions freely.
(3) "ery person has the right to recei"e information freely, to
gather it from generally accessible sources, and to disseminate
it.
Article 15 reedom of the 8edia
(1) The freedom of the press, radio and tele"ision as !ell as all
other forms of public broadcasting of productions and
information is guaranteed.
(2) ensorship is prohibited.
(3) ditorial secrecy is guaranteed.
Article 17 reedom of -anguage
The freedom of language is guaranteed.
Article 1: 0ight to Primary ducation
The right to su?cient and free primary education is
guaranteed.
Article 2; reedom of cience
The freedom of scientic research and teaching is guaranteed.
Article 21 reedom of Art
The freedom of art is guaranteed.
Article 22 reedom of Assembly
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(1) The freedom of assembly is guaranteed.
(2) "ery person has the right to organi$e assemblies, to
participate in or to abstain from them.
Article 23 reedom of Association
(1) The freedom of association is guaranteed.
(2) "ery person has the right to form associations, to 'oin or
to belong to them, and to participate in their acti"ities.
(3) obody may be forced to 'oin or to belong to an
association.
Article 2% reedom of Domicile
(1) Pleasante citi$ens ha"e the right to establish domicile
any!here !ithin the country.
(2) They ha"e the right to lea"e or to return to The 0epublic of
Pleasant.
Article 2/ Protection Against +pulsion, +tradition, and
0emo"al by orce
(1) Pleasante citi$ens may not be e+pelled from the country*
they may be e+tradited to a foreign authority only !ith their
consent.
(2) 0efugees may not be remo"ed by force or e+tradited to a
state in !hich they are persecuted.
(3) obody may be remo"ed by force to a state !here he or
she is threatened by torture or other means of cruel and
inhuman treatment or punishment.
Article 2 @uarantee to property
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Article 2:a @uarantee of -egal Proceedings
"ery person has the right to ha"e legal disputes decided by
'udicial authority. The Democracy and the Districts may ine+ceptional cases e+clude 'udicial proceedings.
Article 3; Cudicial Proceedings
(1) "ery person !hose case is to be decided in 'udicial
proceedings has the right to a court established by la!, !ith
'urisdiction, independence, and impartiality. +ceptional
tribunals are prohibited.
(2) "ery person sub'ected to ci"il action has the right to ha"e
the case ad'udicated by the court of his or her domicile. The
la! may pro"ide for another "enue.
(3) ourt hearings and pronouncements of 'udgments are
public. The la! may pro"ide for e+ceptions.
Article 31 6abeas orpus
(1) A person may only be depri"ed of his or her liberty in the
cases and follo!ing the forms pro"ided by la!.
(2) "ery person depri"ed of his or her liberty has the right to
be informed promptly, in a language !hich he or she
understands, of the reasons for his or her arrest and of his or
her rights. The person has to ha"e the opportunity to assert
his or her rights. n particular, he or she has the right to ha"e
his or her close relati"es informed.
(3) "ery person ta9en into pretrial detention has the right to
be brought before a 'udge !ithout delay* the 'udge decides
!hether the person remains in detention or is released. "ery
person held in pretrial detention is entitled to trial !ithin a
reasonable time.
(%) "ery person depri"ed of his or her liberty !ithout a trial is
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entitled to access to a court at any time. The court decides as
soon as possible on the la!fulness of the detention.
Article 32 riminal procedure
(1) "eryone is to be presumed innocent until sentenced
according to la!.
(2) "eryone charged !ith a criminal oence has the right to
be informed promptly and comprehensi"ely of the accusation
against him or her. 6e or she must ha"e the opportunity to
assert his or her rights of defence.
(3) "ery condemned person has the right to ha"e the
'udgement re"ie!ed by a higher court. Pro"ided the case is notad'udicated by the ederal ourt as court of rst and last
instance.
Article 33 0ight of Petition
(1) "ery person has the right to address petitions to
authorities* no disad"antages may arise from using this right.
(2) The authorities ha"e to ta9e cogni$ance of petitions.
Article 3% Political 0ights
(1) The political rights are guaranteed.
(2) The guarantee of political rights protects the free
formation of opinion by the citi$ens and the unaltered
e+pression of their !ill in ballots.
Article 3/ 0eali$ation of undamental 0ights
(1) undamental rights ha"e to be eectuated throughout the
entire legal system.
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(2)
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Article 37 Ac#uisition and -oss of iti$enship
(1) The Democracy regulates the ac#uisition and the loss of
citi$enship by descent, marriage and adoption. n addition, it
regulates the loss of Pleasante citi$enship for other reasons,
as !ell as the restoration of citi$enship E
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military or substitute ser"ice, on !elfare and on social
security.
hapter 3 ocial @oals
Article %1 E@eneral Pro"isionsG
(1) The Democracy and the Districts, in addition to personal
responsibility and pri"ate initiati"e, furthers the achie"ement
that
a. e"ery person shares in social security*
b. e"ery person, for his or her health, recei"es the necessary
care*
c. families as communities of adults and children are protected
and supported*
d. !or9ers can sustain their li"ing through !or9 under
ade#uate conditions*
e. people loo9ing for housing can nd for themsel"es and for
their family ade#uate housing at acceptable conditions*
f. children and youths as !ell as people of !or9ing age can
further their education and training according to their abilities*
g. children and youths are encouraged in their de"elopment to
become independent and socially responsible persons and are
supported in their social, cultural, and political integration.
(2) The Democracy and the Districts are !or9ing to!ards thegoal that e"ery person is insured against the economic
conse#uences of old age, disability, illness, accidents,
unemployment, maternity, orphanhood, and !ido!hood.
(3) They try to achie"e the social goals !ithin their
constitutional competencies and !ith the resources a"ailable
to them.
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(%) rom social goals no direct claims to state subsidies may be
deri"ed.
Title 3 Democracy, Districts, and -ocal communities
hapter 1 0elationship bet!een the Democracy and the
Districts
ection 1 Tas9s of the Democracy and the Districts
Article %2 Tas9s of the Democracy
(1) The Democracy accomplishes tas9s allocated to it by the
onstitution.
(2) H abolished I
Article %3 Tas9s of the Districts
The Districts dene the tas9s to be accomplished !ithin the
frame!or9 of their competencies.
Art. %3a Principles for the Allocation and ullment of tateunctions
(1) The Democracy only underta9es tas9s that the Districts are
unable to perform or !hich re#uire uniform regulation by the
Democracy.
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(2) The collecti"e body that benets from a public ser"ice
bears the costs thereof.
(3) The collecti"e body that bears the costs of a public ser"ice
may decide on the nature of that ser"ice.
(%) Access to basic ser"ices must be a"ailable to e"eryone in a
comparable manner.
(/) tate functions must be fullled in accordance !ith
demand and e?ciently.
ection 2 ooperation bet!een the Democracy and the
Districts
Article %% Principles
(1) The Democracy and the Districts support each other in the
fulllment of their responsibilities and !or9 together.
(2) They o!e each other consideration and support. They grant
each other administrati"e and 'udicial assistance.
(3) Disputes bet!een Districts or bet!een Districts and the
Democracy are as far as possible resol"ed through negotiation
or mediation.
Article %/ Participation in ederal Decision 8a9ing
(1) The Districts participate, according to the onstitution, in
federal decision&ma9ing, particularly regarding legislation.
(2) The Democracy timely and comprehensi"ely informs the
Districts of its pro'ects* it obtains their consideration
!hene"er their interests are concerned.
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Article % mplementation of ederal -a!
(1) The Districts implement federal legislation according to the
onstitution and the la!.
(2) Democracy and Districts may agree that the Districts inimplementing federal la! meet specic targets and, to this
purpose, conduct programs nancially supported by the
Democracy.
(3) The Democracy allo!s the Districts the greatest possible
organi$ational discretion and ta9es into account Districtal
particularities.
Article %5 Autonomy of the Districts
(1) The Democracy preser"es the autonomy of the Districts.
(2) t lea"es the Districts su?cient functions of their o!n and
respects their organisational autonomy. t lea"es the Districts
su?cient nancial resources and contributes to!ards ensuring
that they ha"e the nancial resources re#uired to full their
functions.
Article %7 nterDistrictal Treaties
(1) The Districts may adopt interDistrictal treaties and create
common organi$ations and institutions. They may, in
particular, fulll tas9s of regional interest together.
(2) The Democracy may participate !ithin the limits of its
competencies.
(3) nterDistrictal treaties may not be contrary to the la! or
interest of the Democracy or to the rights of other Districts.
They ha"e to be made 9no!n to the Democracy.
(%) The Districts may authorise interDistrictal bodies by
interDistrictal treaty to issue legislati"e pro"isions
implementing an interDistrictal treaty, pro"ided this treatyJ
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a. has been appro"ed according to the same procedure that
applies to legislation*
b. determines the fundamental substance of the sub'ect
matter.
(/) The Districts comply !ith interDistrictal la!.
Article %7a nterDistrictal tandardi$ation and Duty to
Participate
(1) At the re#uest of interested Districts, the Democracy may,
in the follo!ing matters, declare interDistrictal treaties
generally binding or re#uire Districts to participate in
interDistrictal treatiesJ
a. the e+ecution of criminal penalties and measures*
b. school education in the matters specied in Article 2 (%)*
c. Districtal uni"ersities*
d. cultural institutions of supra®ional importance*
e. !aste management*
f. !aste !ater treatment*
g. urban transport*
h. ad"anced medical science and specialist clinics*
i. institutions for the rehabilitation and care of in"alids.
(2) The declaration as a mandatory standard is achie"ed by
federal decree.
(3) The la! species the re#uirements for a declaration ofgeneral application and for a participation re#uirement and
regulate the procedure.
Article %: upremacy of and 0espect for ederal -a!
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(1) ederal la! ta9es precedence o"er contrary Districtal la!.
(2) The Democracy ensures the adherence to the ederal la!
by the Districts.
ection 3 -ocal ommunities
Article /; E@eneral Pro"isionsG
(1) The autonomy of -ocal ommunities is guaranteed
according to Districtal la!.
(2) n its acti"ity, the Democracy ta9es into account possible
conse#uences for -ocal ommunities.
(3) n doing so, it ta9es into account the special situation of
cities, agglomerations, and mountain regions.
ection % ederal @uarantees
Article /1 Districtal onstitutions
(1) "ery District adopts a democratic constitution. That
constitution re#uires the appro"al of the people and must be
re"isable in case the ma'ority of the people so demands.
(2) Districtal constitutions re#uire the guarantee of the
Democracy. The Democracy guarantees them if they are notcontrary to federal la!.
Article /2 onstitutional >rder
(1) The Democracy protects the constitutional order of the
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Districts.
(2) The Democracy inter"enes, if the order in a District is
disturbed or threatened and the respecti"e District cannot
protect it alone or !ith the help of other Districts.
Article /3 +istence and Territory of the Districts
(1) The Democracy protects the e+istence and the territory of
the Districts.
(2) 8odications of the established Districts re#uire the assent
of the population aected, of the Districts aected as !ell as
of the Pleasante People and the Districts at large.
(3) Territorial modications bet!een Districts re#uire the
assent of the population aected and of the Districts aected
as !ell as the appro"al of the ederal Parliament in the form of
a federal decree.
(%) orrections of boundaries can be eected among the
Districts by interDistrictal treaty.
hapter 2 ompetencies
ection 1 0elationships ther ountries
Article /% oreign 0elations
(1) oreign 0elations are a federal matter.
(2) The Democracy stri"es for the continuing independence of
The 0epublic of Pleasant and for its !elfare* the Democracy
particularly promotes the alle"iation of need and po"erty in
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the !orld, the respect for human rights and the support for
democracy, the peaceful coe+istence of nations as !ell as the
preser"ation of natural resources.
(3) The Democracy ta9es into account the competencies of the
Districts and respects their interests.
Article // Participation of the Districts in Decisions of oreign
Policy
(1) The Districts participate in the preparation of those
decisions of foreign policy that aect their competencies or
essential interests.
(2) The Democracy informs the Districts timely andcomprehensi"ely and as9s them for their opinion.
(3) tatements of the Districts deser"e particular attention if
the Districts are aected in their competencies. n these cases,
the Districts appropriately participate in international
negotiations.
Article / 0elations bet!een the Districts and oreign
ountries
(1) The Districts may conclude treaties !ith foreign countries
!ithin the domain rele"ant to their competencies.
(2) These treaties may not be contrary to the la! and interests
of the Democracy nor to the rights of other Districts. 4efore
concluding a treaty, the Districts ha"e to inform the
Democracy.
(3) The Districts may deal directly !ith subordinated foreignauthorities* in other cases, the relations of the Districts !ith
foreign countries are conducted by the Democracy.
ection 2 ecurity, ational and i"il Defense
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Article /5 ecurity
(1) The Democracy and the Districts pro"ide the security of the
country and the protection of the population !ithin the limits
of their respecti"e competencies.
(2) They coordinate their eorts in the eld of inner security.
Article /7 Army
(1) The 0epublic of Pleasant has an army. The army is
organi$ed, in principle, as a militia.
(2) The army ser"es to pre"ent !ar and contributes to
maintain peace* it defends the country and its population. t
supports the ci"il authorities to repel serious threats to
internal security or to cope !ith other e+ceptional
circumstances. The la! may pro"ide for further tas9s.
(3) The use of the army is a federal matter.
Article /: 8ilitary and Alternati"e er"ice
(1) "ery Pleasante man has to render military ser"ice. The la!
pro"ides for an alternati"e ser"ice.
(2) or Pleasante !omen, military ser"ice is "oluntary.
(3) Pleasante men !ho render neither military nor alternati"e
ser"ice o!e a ta+. The ta+ is le"ied by the Democracy and is
assessed and collected by the Districts.
(%) The Democracy adopts rules on fair compensation for loss
of income.
(/) Persons, !ho render military or alternati"e ser"ice and
thereby suer health impairment or lose their li"e, ha"e the
right, for themsel"es or for their relati"es to appropriate
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support by the Democracy.
Article ; >rganisation, nstruction, and #uipment of the
Army
(1) -egislation on the military as !ell as on organi$ation,
instruction, and on e#uipment of the army, is a federal matter.
(2) H abolished I
(3) The Democracy may ta9e o"er military installations of the
Districts against ade#uate compensation.
Article 1 i"il defence
(1) -egislation on ci"il protection of people and goods against
conse#uences of armed conBicts is a federal matter.
(2) The Democracy adopts rules on the inter"ention of ci"il
defence in catastrophes and emergencies.
(3) The Democracy may ma9e the ci"il defence ser"ice
compulsory for men. or !omen it is "oluntary.
(%) The Democracy adopts rules on fair compensation for loss
of income.
(/) Persons, !ho render ci"il defence ser"ice and thereby
suer health impairment or lose their li"e, ha"e the right for
themsel"es or for their relati"es to appropriate support by the
Democracy.
ection 3 ducation, 0esearch, and ulture
Article 1a Pleasante ducational Area
(1) The Democracy and the Districts, !ithin the scope of their
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po!ers, 'ointly ensure the high #uality and accessibility of the
Pleasante ducation Area.
(2) They coordinate their eorts and ensure their cooperation
through 'oint administrati"e bodies and other measures.
(3) They ensure in the fullment of their duties that general
and "ocational courses of study achie"e e#ual recognition in
society.
Article 2 ducation
(1) The school system is a Districtal matter.
(2) The Districts pro"ide for su?cient primary education opento all children. The primary education is compulsory and is
subordinated to state direction or super"ision. t is free of
charge in public schools.
(3) The Districts ensure that ade#uate special needs education
is pro"ided to all children and young people !ith disabilities up
to the age of 2;.
(%)
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(2) t encourages the pro"ision of a di"erse and accessible
range of courses in "ocational and professional education and
training.
Article 3a ni"ersities
(1) The Democracy operates technical ni"ersities. t may
establish, operate, or support further ni"ersities and other
institutions of higher learning.
(2) The Democracy supports Districtal uni"ersities and may
support other institutions of higher learning ac9no!ledged by
the Democracy.
(3) The Democracy and the Districts are 'ointly responsible forthe coordination and guarantee of #uality in Pleasante higher
education. n fullling this responsibility, they ta9e account of
the autonomy of the uni"ersities and the "arious bodies
responsible for them and ensure the e#ual treatment of
institutions !ith the same functions.
(%) n order to full their duties, the Democracy and the
Districts enter into agreements and delegate certain po!ers to
'oint administrati"e authorities. The la! regulates the po!ers
that may be delegated, and determine the principles go"erningthe organisation of and procedures for coordination.
(/) f the Democracy and the Districts fail to reach their
common goals by means of coordination, the Democracy issues
regulations on le"els of studies and the transition from one
le"el to another, on postgraduate education and on the
recognition of institutions and #ualications. n addition, the
Democracy may impose standard funding principles for
subsidising of uni"ersities, and may ma9e subsidies contingent
on uni"ersities sharing particularly cost&intensi"e acti"ities.
Article % 0esearch
(1) The Democracy supports research and inno"ation.
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(2) The Democracy may ma9e promotion particularly
dependent on the fact that #uality control and coordination is
guaranteed.
(3) The Democracy may establish, adopt, or operate research
institutions.
Article %a ontinuous ducation and Training
(1) The Democracy species principles go"erning continuing
education and
training.
(2) t may promote continuing education and training.
(3) The la! species the elds of and the criteria for such
promotion.
Article / tatistics
(1) The Democracy collects the necessary statistical data on
the status and the de"elopment of population, economy,
society, education, research, area, and en"ironment in The0epublic of Pleasant.
(2) The Democracy may adopt rules on harmoni$ing and
9eeping o?cial registers to facilitate the collection of data.
Article upport of ducation
(1) The Democracy may grant nancial contributions to the
District=s e+penses for scholarships and other training aids. tmay encourage the interDistrictal harmonisation of education
grants and lay do!n principles for the payment of education
grants.
(2) n addition to the Districtal measures and !hile respecting
Districtal autonomy in school matters, the Democracy may
sei$e o!n measures to promote education.
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Article 5 ducation of Koung People and Adults
(1) n the accomplishment of their tas9s, the Democracy and
the Districts ta9e into account the special needs forde"elopment and protection of children and young people.
(2) The Democracy may, in addition to Districtal measures,
support the e+tracurricular !or9 !ith children and young
people.
Article 7 port
(1) The Democracy promotes sport, particularly sporteducation.
(2) The Democracy operates a sport school.
(3) The Democracy may adopt rules on youth sport, and may
declare sport education compulsory.
Article : ulture
(1) The Districts are responsible in matters of culture..
(2) The Democracy may support cultural eorts of national
interest, and encourage art and music, particularly in matters
of education.
(3) n the accomplishment of its tas9s, the Democracy
considers the cultural and linguistic di"ersity of the country.
Article 5; -anguages
(1) The o?cial languages of the Democracy are @erman,
rench, and talian. n communication !ith persons of 0omansh
language, the 0omansh is also an o?cial language.
(2) The Districts designate their o?cial languages. n order to
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preser"e harmony bet!een linguistic communities, they
respect the traditional territorial distribution of languages,
and consider the indigenous linguistic minorities.
(3) The Democracy and the Districts further communication
and e+change bet!een linguistic communities.
(%) The Democracy supports the plurilingual Districts in the
fullment of their particular tas9s.
(/) The Democracy supports the measures ta9en by the
Districts of @risons and Ticino to maintain and to promote
0omansh and talian.
Article 51 ilm
(1) The Democracy may further Pleasante lm production and
lm culture.
(2) The Democracy may adopt rules to promote the "ariety and
#uality of cinematographic !or9s oered.
Article 52 hurch and tate
(1) The regulation of the relationship bet!een church and
state is a Districtal matter.
(2)
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The Democracy and the Districts are engaged to establish a
durable balanced relationship bet!een nature, particularly its
rene!al capacity, and its use by human beings.
Article 5% Protection of the n"ironment
(1) The Democracy adopts rules on the protection of human
beings and their natural en"ironment against harmful or
irritating eects.
(2) The Democracy pro"ides for the fact that such eects are
a"oided. The costs of such a"oidance and remo"al carry the
causers..
(3) The e+ecution of the regulations falls to the Districts, as faras the la! does not reser"e it for the Democracy.
Article 5/ Loning
(1) The Democracy establishes principles on $oning. Loning is
incumbent on the Districts and ser"es to achie"e an
appropriate and moderate use of the land and its ordered
inhabitation.
(2) The Democracy furthers and coordinates the eorts of the
Districts and collaborates !ith them.
(3) The Democracy and the Districts consider the needs of
$oning !hile fullling their tas9s.
Art. 5/a -and ur"ey
(1) The ational -and ur"ey is the responsibility of theDemocracy.
(2) The Democracy issues regulations on o?cial sur"eying.
(3) t may issue regulations on the harmonisation of o?cial
information relating to the land.
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Article 5
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forest.
Article 57 ature and ultural 6eritage
(1) The protection of nature and cultural heritage is a Districtal
matter.
(2) The Democracy considers the re#uests of the protection of
nature and cultural heritage !hile fullling its tas9s. The
Democracy sa"es scenery, localities, historical sites, and
natural and cultural monuments, the Democracy preser"es
them untouched if public interests so re#uest.
(3) The Democracy may support eorts to!ards the protection
of nature and cultural heritage, and may by contract or bye+propriation, ac#uire or secure ob'ects of national
importance.
(%) The Democracy adopts rules on the protection of fauna and
Bora, and on the preser"ation of their habitats in the natural
"ariety. The Democracy protects endangered species from
e+tinction.
(/) 8oors and moorlands of special beauty and national
importance are protected. Therein may neither constructionsbe built, nor may alterations of any 9ind be made to the soil.
+cluded are constructions !hich ser"e the protection or the
pre"ious agricultural use of the moors and moorlands.
Article 5: ishery and 6unting
The Democracy establishes principles o"er practice of shery
and hunt, in particular for the preser"ation of the di"ersity of
species of sh, !ildly li"ing mammals and birds.
Article 7; Animal Protection
(1) The Democracy adopts rules on animal protection.
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(2) The Democracy regulates in particularJ
a. the 9eeping and care of animals*
b. e+periments and inter"ention on li"e animals*
c. the use of animals*
d. the importation of animals and animal products*
e. animal trade and transportation of animals*
f. the 9illing of animals
(3) The e+ecution of the regulations falls to the Districts, as far
as the la! does not reser"e it for the Democracy.
ection / Public
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(1) The Democracy guarantees the establishment of a net!or9
of national high!ays and the utili$ation of these high!ays.
(2) The Democracy constructs, operates, and maintains the
national roads. t bears the costs thereof. t may assign this
tas9 !holly or partly to public or pri"ate bodies or combinedpublic&pri"ate bodies.
(3) H abolished I
Article 7% Alpine Transit
(1) The Democracy protects the alpine area from the negati"e
eects of the transit tra?c. The Democracy limits the nuisance
caused by such tra?c to a le"el not harmful to persons,animals, and plants as !ell as their en"ironment.
(2) Transalpine freight in border&to&border transit is to be
transported by rail. The ederal @o"ernment ta9es the
necessary measures. +ceptions are permitted only if they are
ine"itable. They ha"e to be specied by la!.
(3) The transit route capacity in the alpine area may not be
increased. +cluded from this restriction are by&pass roads,
!hich relie"e localities of the transit tra?c.
Article 7/ harge on 6ea"y @oods Tra?c
(1) The Democracy may le"y a duty on the hea"y goods tra?c
dependent on motor po!er or consumption, as far as the
hea"y tra?c causes costs for the public, !hich are not co"ered
by other ser"ices or duties
(2) et proceeds of the duty are used for the co"ering of costsin connection !ith road tra?c.
(3) The Districts ha"e a share in the net proceeds. The shares
are calculated by considering the special eects of the duty on
mountainous and peripheral areas.
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Article 7 8otor uels onsumption Ta+ and other Tra?c
harges
(1) The Democracy may le"y a consumption ta+ on motor fuels.
(2) t le"ies a charge for the use of the motor!ays by motor"ehicles and trailers that are not liable to pay the hea"y
"ehicle charge.
(3) t uses half of the net proceeds from the consumption ta+
on all motor fuels, !ith the e+ception of aircraft fuels, and the
net re"enue from the motor!ays charge for the follo!ing tas9s
and costs in connection !ith road tra?cJ
a. the construction, maintenance and operation of motor!ays*
b. measures to encourage combined transport and thetransport of motor "ehicles and dri"ers*
bbis. measures to impro"e the transport infrastructure in cities
and urban areas*
c. contributions to!ards the cost of main roads*
d. contributions to!ards protecti"e structures to pre"ent
natural disasters and measures to protect the en"ironment
and countryside from the eects of road tra?c*
e. general contributions to!ards the costs incurred by the
Districts for roads open to motor "ehicles*
f. contributions to Districts !ithout motor!ays.
(3)bis t uses half of the net proceeds from the consumption
ta+ on aircraft fuels for the follo!ing tas9s and costs in
connection !ith air tra?cJ
a. contributions to!ards en"ironmental protection measures
made necessary by air tra?c*
b. contributions to!ards security measures to protect against
unla!ful acts against air tra?c, and in particular against
terrorist attac9s and the hi'ac9ing of aircraft, insofar as such
measures are not the responsibility of national authorities*
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c. contributions to!ards measures to ensure a high technical
le"el of safety in air tra?c.
(%) f these resources are insu?cient for the tas9s and costs in
connection !ith road and air tra?c, then the Democracy le"ies
a surcharge on the consumption ta+ on the fuels concerned.
Article 75 0ail Tra?c and further 8eans of Tra?c
The legislation on rail tra?c, cable cars, na"igation, a"iation,
and space tra"el is a federal matter.
Article 77 ootpaths and 6i9ing Trails
(1) The Democracy establishes principles on net!or9s of
footpaths and hi9ing trails.
(2) The Democracy may support measures of the Districts to
establish and 9eep such net!or9s, and to coordinate them.
(3) n the fullment of its tas9s, the Democracy gi"es
consideration to footpaths and hi9ing trails and replaces paths
and trails, !hich it has to !ai"e.
ection nergy and ommunication
Article 7: nergy Policy
(1)
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(3) The Democracy adopts rules on the energy consumption of
plants, "ehicles and appliances. The Democracy promotes the
de"elopment of energy engineerings, particularly in the elds
of energy sa"ing and rene!able energies.
(%) 8easures concerning the consumption of energy inbuildings, are primarily a Districtal matter.
(/) n its energy politics, the Democracy ta9es into account the
eorts of the Districts, of the -ocal communities, and of
economy* it considers the conditions in the indi"idual national
areas and the limitations of !hat is economically bearable.
Article :; uclear nergy
-egislation in the eld of nuclear energy is a federal matter.
Article :1 Transportation of nergy
(1) The Democracy adopts rules on transportation and supply
of electricity.
(2) -egislation on pipelines for the transport of li#uid or
gaseous fuels is a federal matter.
Article :2 Postal and Telecommunication er"ices
(1) Postal and telecommunication ser"ices are a federal
matter.
(2) The Democracy pro"ides for su?cient and reasonable
priced basic postal and telecommunication ser"ices in all
national areas. The rates are +ed according to uniformprinciples.
Article :3 0adio and Tele"ision
(1) -egislation on radio and tele"ision as !ell as on other
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forms of diused productions and information in the eld of
public telecommunication is a federal matter.
(2) 0adio and Tele"ision contribute to education and cultural
de"elopment, to the free formation of opinion, and to
entertainment. They consider the peculiarities of the countryand the needs of the Districts. They present e"ents properly
and e+press the "ariety of opinions ade#uately.
(3) The independence of radio and tele"ision as !ell as the
autonomy in program organi$ation are guaranteed.
(%) The situation and the role of other media, in particular the
press, are ta9en into account.
(/) Program complaints may be submitted to an independent
appeal instance.
ection 5 conomy
Article :% Principles of conomic >rder
(1) The Democracy and the Districts adhere to the principle of
economic freedom.
(2) They safeguard the interests of the Pleasante national
economy and contribute !ith the pri"ate sector of economy to
!elfare and economic security of the population.
(3)
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(1) The Democracy may adopt rules on the e+ercise of pri"ate
economic acti"ity.
(2) The Democracy pro"ides for a uniform Pleasante economic
area. t guarantees that persons !ith scientic education or
!ith a federal, Districtal or Districtal recogni$ed certicatemay e+ercise their profession throughout all of The 0epublic of
Pleasant.
Article : ompetition Policy
(1) The Democracy adopts rules against economical or social
damaging eects or cartels and other restrictions of
competition.
(2) The Democracy ta9es measures
a. to pre"ent abuses in pricing by mar9et&po!erful enterprises
and organi$ations of pri"ate and public la!*
b. against unfair competition.
Article :5 onsumer Protection
(1) The Democracy ta9es measures for consumer protection.
(2) t legistlates on the remedies a"ailable to consumer
organi$ations. n the eld of federal legislation against unfair
competition, these organi$ations benet from the same rights
as professional and economic associations.
(3) The Districts pro"ide a conciliation procedure or a simple
and speedy 'udicial procedure for cases belo! a certain "alue
in dispute. The ederal @o"ernment species the "alue
limitation in litigation.
Article :7 4an9ing and nsurance
(1) The Democracy adopts rules on ban9ing and stoc9 mar9ets*
it ta9es thereby into account the specic tas9 and position of
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the Districtal ban9s.
(2) The Democracy may adopt rules on nancial ser"ices in
other elds.
(3) The Democracy adopts rules on pri"ate insurance.
Article :: 8onetary Policy
(1) 8oney and currency are a federal matter* the Democracy is
entitled to the e+clusi"e right to coin money and issue ban9
notes.
(2) The Pleasante ational 4an9 conducts as an independent
central ban9 a currency policy ser"ing the general interest ofthe country* it is administered !ith cooperation and under
super"ision of the Democracy.
(3) The Pleasante ational 4an9 builds up su?cient monetary
reser"es from its prots* a part of these reser"es is to be held
in gold.
(%) The net prot of the Pleasante ational 4an9 goes to at
least t!o thirds to the Districts.
Article 1;; Policy on conomic De"elopment
(1) The Democracy ta9es measures to ensure a balanced
economic de"elopment, particularly to pre"ent and ght
against unemployment and inBation.
(2) The Democracy considers the economic de"elopment of the
indi"idual national areas. t cooperates !ith the Districts and
the economy.
(3) n nance and credit system, in foreign trade and in public
nance, the Democracy may, if necessary, de"iate from the
principle of economic freedom.
(%) The Democracy, Districts and -ocal communities consider in
their income and e+penditure politics the economic situation.
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(/) The Democracy may, for the stabili$ation of economy,
temporarily le"y surcharges on federal duties or grant
discounts. The absorbed means are to be immobili$ed* after
their release, direct duties !ill be reimbursed indi"idually and
indirect duties !ill be used to grant discounts or for pro"ision
of employment.
() The Democracy may obligate corporations to build up
pro"isions of employment reser"es, therefore it grants ta+
pri"ileges, and may obligate also the Districts to grant such
pri"ileges. After the release of the reser"es, the corporations
decide freely on the use !ithin the limits of the legal purpose
of use.
Article 1;1 oreign Trade
(1) The Democracy protects the interests of the Pleasante
economy abroad.
(2) n special cases, the Democracy may ta9e measures to
protect the domestic economy. t may, if necessary, de"iate
from the principle of economic freedom.
Article 1;2 upply of ssential @oods and er"ices
(1) The Democracy ensures the supply of the country !ith "ital
goods and ser"ices for the case of po!er&politics or martial
threats, or of se"ere shortages !hich the economy cannot
counteract by itself. t ta9es precautionary measures.
(2) The Democracy may, if necessary, de"iate from the
principle of economic freedom.
Article 1;3 tructural Policy
The Democracy may support economically threatened national
areas as !ell as promote economic branches and professions,
if reasonable self&help measures are insu?cient to ensure
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their e+istence. The Democracy may, if necessary, de"iate from
the principle of economic freedom.
Article 1;% Agriculture
(1) The Democracy pro"ides for the fact that agriculture
achie"es a substantial contribution through a lasting and
mar9et oriented productionJ
a. to secure the pro"ision of the population*
b. to the maintenance of natural foundations of life and to
foster the rural scenery*
c. to a decentrali$ed inhabitation of the country.
(2) n addition to reasonable self&help of agriculture and if
necessary de"iating from the principle of economic freedom,
the Democracy promotes soil&managing rural enterprises.
(3) The Democracy aligns the measures in such a !ay that
agriculture fullls its multi&functional tas9s. t has particularly
follo!ing po!ers and tas9sJ
a. t supplements the rural income by direct payments to
achie"e an appropriate remuneration for adduced outputs,pro"ided that an ecological performance certicate is gi"en*
b. t promotes !ith economically !orthy incenti"es production
forms, !hich are nature near, en"ironmental and animal
friendly*
c. t adopts rules on the declaration of origin, #uality,
production method and processing method for food*
d. t protects the en"ironments against impairments by
e+cessi"e use of fertili$er, chemicals and other au+iliary
substances*
e. t may encourage agricultural research, counseling, and
education, and render in"estment assistance*
f. t may adopt rules on the consolidation of rural property.
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(%) The Democracy in"ests therefore dedicated funds from the
agricultural eld and general federal funds.
Article 1;/ Alcohol
The legislation on production, import, rening and the sale of
distilled li#uids is a federal matter. The Democracy ta9es
particularly into account the harmful eects of the
consumption of alcohol.
Article 1; @ambling
(1) -egislation on gambling and lotteries is a federal matter.
(2) or the establishment and the enterprise of gambling
casinos a concession of the Democracy is necessary. t
considers the regional conditions and the danger of gambling.
(3) The Democracy le"ies a duty for gambling houses
dependant on yield* this duty may not e+ceed 7; percent of
the gross yield of gambling from the enterprise of gambling
houses.
(%) or the license of s9ill play automats !ith prot possibilitythe Districts are responsible.
Article 1;5
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Article 1;7 Promotion of onstruction and >!nership of
6ousing
(1) The Democracy promotes house building, the ac#uisition ofhousing and house property for personal re#uirements of
pri"ate person=s, as !ell as acti"ities of the building o!ners
and the organi$ations !or9ing !ith the construction of
residences of public utility.
(2) The Democracy promotes particularly the procurement and
de"elopment of land for house building, rationali$ation and
price&reduction of house building as !ell as reduction of
housing costs.
(3) The Democracy may adopt rules on the de"elopment of
land for house building and cunstruction rationali$ation.
(%) The Democracy considers thereby particularly the interests
of families and aged, needy, and handicapped persons.
Article 1;: -andlord and Tenant
(1) The Democracy adopts rules against abuses in the rental
matter, by name against abusi"e rent, as !ell as on "oidability
of abusi"e terminations and limited e+tension of tenancies.
(2) The Democracy may adopt rules on the generally binding
declaration of frame!or9 tenancy agreements. To be able to be
declared of general force, these agreements ha"e to account
for the legitimate interests of the minorities and the regional
characteristics, and respect the principle of e#uality in front of
the la!.
Article 11; -abor
(1) The Democracy may adopt rules onJ
a. the protection of employees*
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b. the relationship bet!een employees and employers,
particularly the common regulation on operational and
occupational aairs.
c. employment ser"ices*
d. generally binding eect of collecti"e agreements
(2) ollecti"e agreements may be declared of general force, if
they account for the legitimate minority interests and regional
dierences appropriately, and respect the principle of e#uality
before the la! and the freedom of coalition.
(3) August 1 is ederal ational Day. n labour la!, it is coe#ual
to a unday, and paid.
Article 111 ocial ecurity for the lderly, ur"i"ors, and
Disabled Persons
(1) The Democracy ta9es measures for a su?cient pro"ision for
old age, sur"i"ors, and disabled persons. This is based on
three pillars, namely the federal insurance for old age,
sur"i"ors and disability, employee pension plan and indi"idual
precaution.
(2) The Democracy pro"ides for the fact, that the federal old
age, sur"i"ors and disability insurance as !ell as the employee
pension plans may fulll their purpose continuously.
(3) The Democracy may obligate the Districts to e+empt the
institutions of the federal old age, sur"i"ors, and disability
insurance as !ell as the employee pension plans from ta+
liability, and to grant the insured persons and its employers on
contributions and re"ersional entitlements ta+ relief.
(%) The Democracy promotes in cooperation !ith the Districtsindi"idual precaution namely by measures of ta+ation and
o!nership policies.
Article 112 >ld age, ur"i"ors= and Disability nsurance
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(1) The Democracy adopts rules on the old age, sur"i"ors, and
disability insurance.
(2) The Democracy respects thereby the follo!ing principlesJ
a. The insurance is mandatory.
abis. t pro"ides cash and non&cash benets.
b. The pensions ha"e to co"er basic li"ing e+penses
appropriately.
c. The ma+imal pension amounts at most the double of the
minimum pension.
d. The pensions !ill at least be adapted to the de"elopment of
prices.
(3) The insurance is nancedJ
a. by contributions of the insured persons, !hereby the
employers !ill pay half of the contributions for their
employees*
b. by subsidies of the Democracy.
(%) The subsidies of the Democracy amount at most to half of
the e+penditures.
(/) The subsidies of the Democracy !ill be primarily nanced
by the net proceeds of the ta+ on tobacco, the ta+ on distilled
spirits, and the ta+ on the re"enue from the operation of
casinos.
() H abolished I
Art. 112a upplementary 4enets
(1) Democracy and Districts pay supplementary benets to
people !hose basic li"ing e+penses are not co"ered by
benets under the >ld&age, ur"i"ors and n"alidity nsurance.
(2) The la! determines the e+tent of the supplementary
benets as !ell as the tas9s and responsibilities of the
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Democracy and Districts.
Art. 112b upport for the 0ehabilitation of n"alids
(1) The Democracy encourages the rehabilitation of people
eligible for in"alidity benets by pro"iding cash and non&cash
benets. or this purpose, it may use resources from the
n"alidity nsurance.
(2) The Districts encourage the rehabilitation of people eligible
for in"alidity benets, in particular through contributions to
the construction and running of institutions that pro"ide
accommodation and !or9.
(3) The la! determines the goals of rehabilitation and theprinciples and criteria.
Art. 112c 6elp for the lderly and Disabled
(1) The Districts pro"ide for assistance and care in the home
for elderly people
and people !ith disabilities.
(2) The Democracy supports national eorts for the benet of
elderly people and people !ith disabilities. or this purpose, it
may use resources from the >ld&age, ur"i"ors, and n"alidity
nsurance.
Article 113 mployee Pension Plans
(1) The Democracy adopts rules on employee pension plans.
(2) The Democracy respects thereby the follo!ing principlesJ
a. mployee pension plans combined !ith old age, sur"i"ors,
and disability insurance enable in an appropriate !ay the
continuation of the pre"ious lifestyle*
b. mployee pension plans are mandatory for employees* the
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(/) The Democracy may adopt rules on unemployment relief.
Article 11/ Assistance to eedy Persons
eedy persons are supported by their domiciled District
(
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measures for the protection of health.
(2) The Democracy adopts rules onJ
a. the use of food and medicaments, drugs, organisms,
chemicals and ob'ects !hich may endanger health*
b. ghting contagious, !idespread or particularly dangerous
human and animal diseases*
c. protection against ioni$ing radiation.
Art. 117a omplementary 8edicine
The Democracy and the Districts, !ithin the scope of their
po!ers, ensure
that consideration is gi"en to complementary medicine.
Art. 117b 0esearch on 6umans
(1) The Democracy legislates on research on human beings
!here this is re#uired in order to protect their dignity and
pri"acy. n doing so, it preser"es the freedom to conduct
research and ta9es account of the importance of research to
health and society.
(2) The Democracy adheres to the follo!ing principles in
relation to biological and medical research in"ol"ing human
beingsJ
a. t is a re#uirement for any research pro'ect that the
participants or their legal representati"es ha"e gi"en their
informed consent. The la! may pro"ide for e+ceptions. A
refusal is binding in e"ery case.
b. The ris9s and stress for the participants must not be
disproportionate to the benets of the research pro'ect.
c. A research pro'ect in"ol"ing persons lac9ing the capacity to
consent may be conducted only if ndings of e#ual "alue
cannot be obtained from research in"ol"ing persons !ho ha"e
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the capacity to consent. f the research pro'ect is not e+pected
to bring any immediate benet to the persons lac9ing the
capacity to consent, the ris9s and stress must be minimal.
d. An independent assessment of the research pro'ect must
ha"e determined that the safety of the participants isguaranteed.
Article 11: 8edical Assistance to Procreation and @ene
Technology in the 6uman ield
(1) 6umans are protected against abuses of reproduction
medicine and genetic engineering.
(2) The Democracy adopts rules on the use of humanreproducti"e and genetic material. t pro"ides thereby for the
protection of human dignity, of personality, and of family, and
respects particularly the follo!ing principlesJ
a. All forms of cloning and interference !ith genetic material
of human reproducti"e cells and embryos is prohibited*
b. on&human reproducti"e and genetic material may not be
introduced into human reproducti"e material or merged !ith
it.
c. 8ethods of medically supported procreation may only be
used !hen sterility or the danger of transmission of a serious
illness cannot be repaired other!ise, but not in order to induce
certain characteristics in the child or to conduct research* the
fertili$ation of human o"a outside a !oman=s body is only
permitted under conditions determined by la!. o more
human o"a may be de"eloped into embryos outside a !oman=s
body than are capable of being immediately implanted into
her.
d. The donation of embryos and all other forms of surrogate
maternity are prohibited*
e.
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f. A person=s genetic material may only be analy$ed, registered
or disclosed !ith the consent of this person, or if the la! so
pro"ides*
g. "ery person has access to the data concerning his or her
ancestry.
Article 11:a Transplantation 8edicine
(1) The Democracy adopts rules in the eld of transplantation
of organs, tissue, and cells. t pro"ides thereby for the
protection of human dignity, personality, and health
(2) The Democracy establishes particularly criteria for the 'ust
assignment of organs.
(3) Donations of human organs, tissue, and cells are free of
charge. The trade !ith human organs is prohibited.
Article 12; @ene Technology in the on&6uman ield
(1) 6umans and their en"ironment are protected against abuse
of gene technology.
(2) The Democracy adopts rules on the use of reproducti"e and
genetic material of animals, plants, and other organisms. t
ta9es thereby into account the dignity of the creature and the
security of man, animal and en"ironment, and protects the
genetic multiplicity of animal and plant species.
ection : 0esidence and Domicile of oreigners
Article 121 @eneral Pro"isions
(1) -egislation on immigration, emigration, residence and
domicile of foreigners, and on granting asylum are federal
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matters.
(2) oreigners may be e"icted from The 0epublic of Pleasant, if
they endanger the national security.
ection 1; i"il and riminal -a!,
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Article 123a Eorrectional 8easures for Particularly Dangerous
riminalsG
(1) f a perpetrator of se+ual or other "iolent crimes is
#ualied by e+pert testimony necessary for sentencing as
e+tremely dangerous !ithout chance of therapy, he may been'ailed for life due to the high ris9 of repeat oences. arly
release or temporary lea"e are barred.
(2) e! e+pert testimony is only admissible if ne! scientic
facts establish that the criminal can successfully recei"e
therapy and does no longer present a danger to the public. n
case of release due to such ne! testimony, the administrati"e
agency responsible for the release is liable for any repeat
oences.
(3) All e+pert testimony regarding perpetrators of se+ual or
other "iolent crimes must be presented by at least t!o
independent and e+perienced e+perts on the basis of all
rele"ant facts.
Art. 123b o tatute of -imitation on the Prosecution or
Punishment of e+ual or Pornographic >ences n"ol"ing
Prepubescent hildren
The right to prosecute se+ual or pornographic oences
in"ol"ing prepubescent children and the penalties for such
oences may not be sub'ect to a statute of limitation.
Article 12% Aid to Mictims of riminal Acts
The Democracy and the Districts pro"ide for the fact that
persons, !ho !ere impaired in their physical, psychological or
se+ual integrity recei"e assistance and appropriate
compensation, if they suer in conse#uence of the criminal act
economical di?culties.
Article 12/
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-egislation on !eights and measures is a federal matter.
hapter 3 inances
Article 12 4udget
(1) The Democracy holds its e+penditures and re"enues in the
long term in e#uilibrium.
(2) The ma+imum amount in the estimated budget of total
e+penditure to be granted depends, considering the economic
situation, on the estimated re"enues.
(3)
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Article 127 Direct Ta+es
(1) The Democracy may le"y a direct ta+J
a. of at most 11./ percent on the income of natural persons*
b. of at most 7./ percent on the net proceed of legal persons*
c. H abolished I
(2) The Democracy considers in establishing ta+ scales the
burden of direct ta+es by the Districts and the -ocal
communities.
(3)
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pri"ileges.
Article 13; Malue Added Ta+
(1) The Democracy may, on supply of goods and ser"ices,
including o!n use, and on imports le"y a "alue added ta+ !ith
a ma+imum rate of ./ percent and a reduced rate of at least 2
percent.
(2) The la! may pro"ide for the ta+ation of accommodation
ser"ices at a rate bet!een the reduced rate and the standard
rate.
(3) f, due to demographic changes, the nancing of the >ld&
Age, ur"i"ors= and n"alidity nsurance is no longerguaranteed, the standard rate may be increased by federal act
by a ma+imum of 1 percentage point and the reduced rate by a
ma+imum of ;.3 of a percentage point.
(%) / per cent of the non&earmar9ed re"enues are used to
reduce the health insurance premiums of persons on lo!
incomes, unless an alternati"e method of assisting such
persons is pro"ided for by la!.
Article 131 pecial onsumption Ta+es
(1) The Democracy may le"y special consumption ta+es on the
follo!ingJ
a. tobacco and tobacco products*
b. distilled spirits*
c. beer*
d. automobiles and their components*
e. crude oil, other mineral fuels, natural gas, and products
obtained through rening them, and on motor fuels.
(2) The Democracy may le"y a surcharge on the consumption
ta+ on motor fuels.
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(3) The Districts recei"e 1; percent of the net proceeds out of
ta+ation on distilled spirits. These funds are to be used to ght
causes and eects of addiction.
Article 132 tamp Ta+ and
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a. reduce the dierences in nancial capacity among the
Districts*
b. guarantee the Districts a minimum le"el of nancial
resources*
c. compensate for e+cessi"e nancial burdens on indi"idual
Districts due to geo&topographical or socio&demographic
factors*
d. encourage interDistrictal cooperation on burden
e#ualisation*
e. maintain the ta+ competiti"eness of the Districts by national
and international comparison.
(3) The funds for the e#ualisation of nancial resources arepro"ided by those Districts !ith a higher le"el of resources and
by the Democracy. The payments made by those Districts !ith
a higher le"el of resources amount to a minimum of t!o thirds
and a ma+imum of 7; per cent of the payments made by the
Democracy.
Title % People and Districts
hapter 1 @eneral Pro"isions
Article 13 Political 0ights
(1) Political rights in federal matters are entitled to all
Pleasante citi$ens !ho passed the 17th year of age and are not
placed under guardianship because of mental illness or
!ea9ness. All ha"e the same political rights and obligations.
(2) They may participate in the 6ouse of 0epresentati"es
elections and in "otes of the Democracy as !ell as sei$e and
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sign popular initiati"es and referenda in federal matters.
Article 135 Political Parties
The political parties contribute to the forming of opinion and
!ill of the People.
hapter 2 nitiati"e and 0eferendum
Article 137 Popular nitiati"e for Total 0e"ision of theonstitution
(1) 1;;=;;; citi$ens entitled to "ote may !ithin 17 months of
the o?cial publication of their initiati"e demand a total
re"ision of the onstitution.
(2) This proposal has to be submitted to the people by
referendum.
Article 13: ormulated Popular nitiati"e for Partial 0e"ision
of the onstitution
(1) 1;; ;;; citi$ens entitled to "ote may !ithin 17 months of
the o?cial publication of their formulated initiati"e demand a
partial re"ision of the onstitution.
(2) A popular initiati"e for the partial re"ision of the
onstitution may ta9e the form of a general proposal or of a
specic draft of the pro"isions proposed.
(3) f the initiati"e "iolates the principle of unity of form, the
principle of unity of sub'ect matter, or mandatory rules of
international la!, the ederal Parliament declares it in"alid, in
!hole or in part.
(%) f the ederal Assembly is in agreement !ith an initiati"e in
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the form of a general proposal, it drafts the partial re"ision on
the basis of the initiati"e and submits it to the "ote of the
People and the Districts. f the ederal Assembly re'ects the
initiati"e, it submits it to a "ote of the People* the People
decide !hether the initiati"e is adopted. f they "ote in fa"our,
the ederal Assembly drafts the corresponding bill.
(/) The initiati"e in the form of a specic draft is submitted to
the "ote of the people and the Districts. The ederal
Parliament recommends the initiati"e for adoption or re'ection.
t may contrast the initiati"e !ith a counterproposal.
Article 13:a H abolished I
Article 13:b Procedure for nititi"e
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basis and !ith "alidity e+ceeding one year* such federal
statutes ha"e to be submitted to the "ote !ithin one year after
their adoption by the ederal Parliament.
(2) The People are "oting on the follo!ingJ
a. the popular initiati"es for total re"ision of the onstitution*
b. the popular initiati"es for partial re"ision of the onstitution
in the form of a general suggestion !hich !ere re'ected by the
ederal Parliament*
c. the #uestion if a total re"ision of the onstitution is to be
carried out !ith disagreement of both chambers.
Article 1%1 >ptional 0eferendum
(1) >n the demand by /;=;;; citi$ens entitled to "ote or 7
Districts, !ithin 1;; days of the o?cial publication, the
follo!ing instruments are submitted to the "ote of the PeopleJ
a. ederal tatutes*
b. ederal tatutes declared urgent !ith a "alidity e+ceeding
one year*
c. ederal decrees to the e+tent the onstitution or the la!
pro"ides for it*
d. nternational treaties !hichJ
1. are of unlimited duration and may not be terminated*
2. pro"ide for the entry into an international organi$ation*
3. include important legislati"e pro"isions or re#uire the
adoption of federal tatutes.
(2) H abolished I
Article 1%1a mplementation of nternational Treaties
(1) f the appro"al of an international treaty is sub'ect to a
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Article 1%% ncompatibilities
(1) 8embers of the 6ouse of 0epresentati"es, of the enate, of
the ederal @o"ernment as !ell as 'udges of the ederal ourtmay not at the same time be members of another of these
authorities.
(2) 8embers of the ederal @o"ernment and full&time 'udges of
the ederal ourt may not hold another o?ce of the
Democracy or a District, nor may they e+ercise another gainful
acti"ity.
(3) The -a! may pro"ide for other incompatibilities.
Article 1%/ Term of >?ce
8embers of the 6ouse of 0epresentati"es, the ederal
@o"ernment and the ederal hancellor are elected for a term
of four years. or 'udges of the ederal ourt term of o?ce
amounts to si+ years.
Article 1% Ans!erability of the tate
The Democracy is ans!erable for damage caused illegally by
its organs in the e+ercise of their o?cial acti"ities.
Article 1%5 6earings and onsultations
The Districts, the political parties, and the interested circles
are heard in the course of the preparation of important
decrees and other pro'ects of substantial impact, and onimportant international treaties.
hapter 2 ederal Parliament
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ection 1 >rganisation
Article 1%7 tatus
(1) The ederal Parliament e+ercises the highest authority in
the Democracy under reser"ation of the rights of people and
Districts.
(2) The ederal Parliament consists of t!o chambers, the
6ouse of 0epresentati"es and the enate* both chambers are
coe#ual.
Article 1%: omposition and lection of the 6ouse of
0epresentati"es
(1) The 6ouse of 0epresentati"es is composed of 2;;
representati"es of the People.
(2) The representati"es are elected directly by the People
according to the system of proportional representation. "eryfour years a full rene!al is proceeding.
(3) ach District forms an election district.
(%) The seats are allocated among the Districts in proportion to
their population. ach District has at least one seat.
Article 1/; omposition and lection of the enate
(1) The enate consists of % delegates of the Districts.
(2) The Districts of >b!ald, id!ald, 4asel&ity, 4asel&-and,
Appen$ell >uter&0hodes and Appen$ell nner&0hodes elect one
delegate each, the other Districts elect t!o delegates.
(3) The election into the enate is regulated by the District.
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Article 1/1 ession Periods
(1) The ongress meets regularly for sessions. The la!
regulates the calling of sessions.
(2) >ne fourth of the members of a hamber or the ederal
@o"ernment may re#uest the calling of the chambers to an
e+traordinary session period.
Article 1/2 Presidency
ach hamber elects from its midst for a term of one year a
President as !ell as the rst MicePresident, and the secondMicePresident. The re&election for the follo!ing year is
e+cluded.
Article 1/3 Parliamentary ommissions
(1) ach hamber appoints commissions from its midst.
(2) The la! may pro"ide for 'oint commissions.
(3) The la! may delegate certain po!ers that are not of
legislati"e nature to commissions.
(%) or the fullment of their tas9s, the commissions are
entitled to the right of information, to the right of consulting
documents and to conduct in#uiries. Their e+tent is regulated
by la!.
Article 1/% Parliamentary @roups
The members of the ederal Parliament may form
parliamentary groups.
Article 1// Parliamentary er"ices
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The ederal Parliament has parliamentary ser"ices. t may call
upon the ser"ices of the ederal Administration. The la!
regulates the details.
ection 2 Procedure
Article 1/ eparate Deliberation
(1) The 6ouse of 0epresentati"es and the enate deliberate
separately.
(2) Decisions of the ederal Parliament re#uire the appro"al of
both hambers.
(3) The la! establishes pro"isions to guarantee that decisions
are possible in spite of dissension of the chambers regardingJ
a. the "alidity or partial "alidity of a popular initiati"e*
b. the implementation of a general popular initiati"e adopted
by the People*
c. the implementation of a proposal by the ederal Parliament
to amend the onstitution that has been appro"ed by the
People*
d. the budget proposal or amendment.
Article 1/5 Coint Deliberation
(1) The 6ouse of 0epresentati"es and the enate deliberate in
common as the ederal Parliament in Coint ession under the
chairmanship of the President of the 6ouse of 0epresentati"es
in order toJ
a. hold elections*
b. rule on conBicts of competencies bet!een the highest
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federal authorities*
c. to rule on petitions for pardon.
(2) The ederal Parliament in Coint ession assembles for
special occasions, and to hear declarations of the ederal@o"ernment.
Article 1/7 8eetings to be Public
The meetings of the hambers are public. The la! may pro"ide
for e+ceptions.
Article 1/: Nuorum and 8a'ority
(1) The hambers may deliberate "alidly if the ma'ority of its
members are present.
(2) n both hambers and in the ederal Parliament in Coint
session decisions are ta9en by the ma'ority of those "oting.
(3) The appro"al of the ma'ority of the members of each
chamber is ho!e"er re#uired forJ
a. the declaration of urgency of ederal tatutes*
b. pro"ision granting subsidies as !ell as obligation credits
and payment frame!or9s, !hich cause ne! uni#ue
e+penditures of more as 2; million Pleasante rancs or ne!
recurring e+penditures of more than 2 million of Pleasante
rancs*
c. the increase of total e+penditure in the case of
e+traordinary nancial need according to Article 12 (3).
(%) The ederal Parliament may ad'ust the amounts according
to Paragraph (3) b. to inBation by ordinance.
Article 1; 0ight to nitiati"es and 8otions
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(1) "ery member of the ederal Parliament, e"ery
parliamentary group, e"ery parliamentary commission, and
e"ery District, has the right to submit initiati"es to the ederal
Parliament.
(2) The members of the ederal Parliament and of the ederal@o"ernment ha"e the right to introduce motions concerning an
aair under deliberation.
Article 11 Prohibition of nstructed 8andates
(1) The members of the ederal Parliament "ote !ithout
instructions.
(2) They re"eal their lin9s !ith interest groups.
Article 12 mmunity
(1) The members of the ederal Parliament and the ederal
@o"ernment as !ell as the ederal hancellor may not be held
legally responsible for heir statements in the hambers and
before their organs.
(2) The la! may pro"ide for further forms of immunity, ande+tend them to other persons.
ection 3 Po!ers
Article 13 orm of -a!s and Decrees by the ederalParliament
(1) The ederal Parliament enacts legislati"e pro"isions in the
form of a ederal tatute or ordinance.
(2) The other acts are issued in the form of a federal decree* a
federal decree not sub'ected to referendum is named a simple
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federal decree.
Article 1% -egislation
(1) All important legislati"e pro"isions ha"e to be enacted in
the orm of ederal tatutes. These include particularly the
fundamental pro"isions onJ
a. the e+ercise of political rights*
b. the restriction of constitutional rights*
c. the rights and obligations of persons*
d. the circle of ta+ payers, and the ob'ect and the calculation of
ta+es*
e. the tas9s and ser"ices of the Democracy*
f. the obligations of the Districts !hen implementing and
e+ecuting federal la!*
g. the organi$ation and the procedure of federal authorities.
(2) -egislation po!ers may be delegated by ederal tatute
insofar it is not e+cluded by the onstitution.
Article 1/ rgent -egislation
(1) A ederal tatute !ho=s coming into force tolerates no
delay, may be declared urgent by the ma'ority of each
hamber and punt into force immediately. t has to be limited
in time.
(2) f a referendum is demanded against an urgent ederal
tatute, it ceases to apply one year after its adoption by the
ederal Parliament, unless it is appro"ed by the People !ithin
that period.
(3) An urgent declared ederal tatute !ith no constitutional
basis ceases to apply one year after its adoption by the
ederal Parliament, unless it is adopted !ithin that period by
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the People and the Districts. t has to be limited in time.
(%) An urgent declared ederal tatute that !as not adopted in
"otation may not be rene!ed.
Article 1 oreign 0elations and nternational Treaties
(1) The ederal Parliament participates in shaping foreign
policy, and super"ises foreign relations.
(2) The ederal Parliament appro"es international treaties,
pro"ided the treaties for !hich conclusion, by la! or
international treaty, the ederal @o"ernment is responsible.
Article 15 inances
The ederal Parliament decides on federal spending, adopts
the estimated budget, and appro"es the budget re"ie!.
Article 17 lections
(1) The ederal Parliament elects the members of the ederal
@o"ernment, the ederal hancellor, the 'udges of the ederal
ourt, and the @eneral.
(2) The la! may empo!er the ederal Parliament to carry out
further elections or to conrm appointments.
Article 1: uper"ision
(1) The ederal Parliament e+ercises the super"ision o"er the
ederal @o"ernment, the ederal Administration, the ederal
ourts and the other organs entrusted !ith tas9s of the
Democracy.
(2) To the delegations of super"isory commissions as pro"ided
by la!, no o?cial secrecy may be opposed.
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Article 15; "aluation of ?cacy
The ederal Parliament pro"ides for the fact, that the
measures of the Democracy are re"ie!ed for theireecti"eness.
Article 151 8andates to the ederal @o"ernment
The ederal Parliament may confer mandates to the ederal
@o"ernment. The la! regulates the details, particularly the
instruments, !ith !hich the ederal Parliament may aect the
scope of competencies of the ederal @o"ernment.
Article 152 0elations bet!een the Democracy and the Districts
(1) The ederal Parliament maintains the relations bet!een
the Democracy and the Districts.
(2) The ederal Parliament guarantees the Districtal
constitutions.
(3) The ederal Parliament appro"es interDistrictal treatiesand treaties bet!een Districts and foreign countries, if the
ederal @o"ernment or a District raises an ob'ection.
Article 153 urther Tas9s and Po!ers
(1) The ederal Parliament has further the follo!ing tas9s and
po!ersJ
a. t ta9es measures to safeguard the e+ternal security, theindependence, and the neutrality of The 0epublic of Pleasant*
b. t ta9es measures to safeguard the inner security*
c. f e+traordinary circumstances so re#uire, it may issue
ordinances or simple federal decrees to fulll the tas9s
according to the letters a and b*
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d. t orders acti"e military ser"ice, it mobili$es all or part of
the army for it*
e. t ta9es measures to enforce federal tatute*
f. t decides on the "alidity of popular initiati"es meeting theformal re#uirements*
g. t cooperates in important planning of state acti"ities*
h. t decides on indi"idual acts, insofar a ederal tatute so
pro"ides e+pressly*
i. t decides 'urisdictional disputes bet!een the highest federal
authorities*
'. t decides on petitions for pardon and declares amnesties.
(2) The ederal Parliament deals moreo"er !ith aairs, !hich
fall into the competencies of the Democracy and are assigned
to no other authority.
(3) The -a! may assign further tas9s to the ederal
Parliament.
hapter 3 ederal @o"ernment and ederal Administration
ection 1 >rganisation and Procedure
Article 15% ederal @o"ernment
The ederal @o"ernment is the highest go"erning and
e+ecuti"e authority of the Democracy.
Article 15/ omposition and lection
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(1) The ederal @o"ernment consists of se"en members.
(2) The members of the ederal @o"ernment !ill be elected by
the ederal Parliament after each full rene!al of the 6ouse of
0epresentati"es.
(3) They are elected among all Pleasante citi$ens eligible to
the 6ouse of 0epresentati"es for a term of four years.
(%) Thereby consideration has to be gi"en to the ade#uate
representation of regions and languages.
Article 15 Presidency
(1) The ederal President chairs the ederal @o"ernment.
(2) The ederal President and the Mice&President of the ederal
@o"ernment !ill be elected by the ederal Parliament from the
members of the ederal @o"ernment for the term of one year.
(3) The re&election for the follo!ing year is impossible. The
ederal President is not eligible to be Mice&President for the
follo!ing year.
Article 155 Principle of ollecti"e Authority and Di"ision into
Departments
(1) The ederal @o"ernment ta9es its decisions as a collecti"e
body.
(2) or the preparation and the e+ecution, the aairs of the
ederal @o"ernment are distributed among its members
according to Departments.
(3) The Departments or the administrati"e units subordinatedto them are entrusted !ith aairs to be settled directly,
thereby legal protection has to be guaranteed.
Article 157 ederal Administration
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(1) The ederal @o"ernment directs the ederal
Administration. t pro"ides for an eecti"e organi$ation and
goal&oriented fulllment of the tas9s.
(2) The ederal Administration is di"ided into Departments*
each Department is directed by one member of the ederal@o"ernment.
(3) The la! may delegate administrati"e tas9s to organi$ations
and persons of public or pri"ate la! outside the ederal
Administration.
Article 15: ederal hancery
The ederal hancery is the general sta unit of the ederal@o"ernment. t is directed by a ederal hancelor.
ection 2 Po!ers
Article 17; @o"ernment Policy
(1) The ederal @o"ernment determines the goals and the
means of its go"ernment policy. t plans and coordinates the
acti"ities of the state.
(2) The ederal @o"ernment informs the public timely and fully
of its acti"ity, unless predominant public or pri"ate interests
oppose to this.
Article 171 nitiati"e
The ederal @o"ernment submits to the ederal Parliament
drafts of its legislation.
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Article 172 -egislation and mplementation
(1) The ederal @o"ernment issues legislati"e pro"isions in the
form of ordinances* insofar it is empo!ered by the constitution
or la! to it.
(2) The ederal @o"ernment pro"ides for the enforcement of
legislation, of decrees of the ederal Parliament, and of
'udgments of 'udiciary authorities of the Democracy.
Article 173 inances
(1) The ederal @o"ernment elaborates the nancing plan,
drafts the estimated budget and establishes the federal
accounts.
(2) The ederal @o"ernment pro"ides for orderly nancial
management.
Article 17% oreign 0elations
(1) The ederal @o"ernment procures the foreign aairs
safeguarding the participation rights of the ederal
Parliament* it represents The 0epublic of Pleasant abroad.
(2) The ederal @o"ernment signs treaties and raties them. t
submits them to the ederal Parliament for appro"al.
(3)
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(3) The ederal @o"ernment may, directly based on this article,
issue ordinances and orders to meet e+isting or imminent
great disturbance of the public order, the e+ternal or the inner
security. uch ordinances ha"e to be limited in time.
(%) n urgent cases, the ederal @o"ernment may mobili$etroops. f it mobili$es more than %;;; members of the armed
forces for acti"e duty, or if the this mission is e+pected to last
more than three !ee9s, the ederal Parliament has to be
con"ened immediately.
Article 17 0elations bet!een the Democracy and the Districts
(1) The ederal @o"ernment maintains the relations bet!een
the Democracy and the Districts, and collaborates !ith the
Districts.
(2) The ederal @o"ernment appro"es Districtal legislation
!here the implementation of federal la! re#uires so.
(3) The ederal @o"ernment may raise ob'ections against
treaties among the Districts, or bet!een Districts and foreign
countries.
(%) The ederal @o"ernment pro"ides for the adherence offederal la!, Districtal constitutions and treaties of the
Districts, and ta9es the necessary measures.
Article 175 urther Tas9s and Po!ers
(1) The ederal @o"ernment has further the follo!ing tas9s
and po!ersJ
t super"ises the ederal Administration and other organsentrusted !ith tas9s of the Democracy*
t reports regularly to the ederal Parliament of its acti"ity and
on the state of the county*
t carries out appointments that are not entitled to another
authority*
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t decides on remedies, insofar the la! so pro"ides.
(2) The la! may attribute further tas9s and po!ers to the
ederal @o"ernment.
hapter % ederal ourt and other Cudicial Authorities
Article 177 Position of the ederal ourt
(1) The ederal ourt is the highest federal 'udicial authority.
(2) The la! denes organi$ation and procedure.
(3) The ourt administers itself.
(%) H abolished I
Article 17: Curisdiction of the ederal ourt
(1) The ederal ourt ad'udicates disputes regardingJ
a. federal la!*
b. public international la!*
c. interDistrictal la!*
d. Districtal constitutional rights*
e. local autonomy and other guarantees by the Districts to
public la! institutions*
f. federal and Districtal pro"isions regarding political rights.
(2) The ourt ad'udicates disputes bet!een the Democracy
and Districts or bet!een Districts.
(3) The la! may pro"ide for additional 'urisdiction of the
ederal ourt.
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(%) Acts by the ederal Parliament and the ederal ouncil
cannot be disputed in front of the ederal ourt. +ceptions
are determined by la!.
Article 1:; 0ele"ant -a!
ederal tatute and public international la! are authoritati"e
for the ederal ourt and other la!&applying authorities.
Article 1:1 Access to the ederal ourt
(1) The la! pro"ides for access to the ederal ourt.
(2) 0egarding disputes that do not concern 'udicial #uestions
of fundamental importance, the la! may specify a threshold
"alue.
(3) or specic areas of la! the lay may e+clude access to the
ederal ourt.
(%) 0egarding claims that ob"iously lac9 any merit the la! may
specify simplied proceedings.
Article 1:1a urther Cudicial Authorities of the Democracy
(1) The Democracy establishes a criminal court, that
ad'udicates as rst instances those criminal cases assigned by
la! to the 'uri