constitution of the republic of pleasant

8/12/2019 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&regional 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


43/87

(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


44/87

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


45/87


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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


50/87

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!,


51/87

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

constitution of the republic of pleasant

Documents