Key Benefits:
3 February 1995 (State 1 Er November 2012)
1 The army contributes to the prevention of war and thus to the maintenance of peace.
2 It ensures the defence of Switzerland and its people and contributes to their protection.
3 It supports the civil authorities when their means are no longer sufficient:
4 It contributes to the promotion of international peace. 2
1 New content according to the c. I of the 4 Oct PMQ. 2002, effective from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
2 Introduced by ch. I of the 4 Oct PMQ. 2002, effective from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
1 All Switzerland is bound by military service.
2 The civil protection service, the alternative civilian service and the duty to serve exemption are regulated by specific federal legislation.
1 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er Jan 2011 ( RO 2010 6015 ; FF 2009 5331 ).
1 All Suissesse may volunteer to perform military service.
2 If his application is accepted, she is enrolled. If, at the time of recruitment, she is declared fit for service and is committed to the military service assigned to her, she is subject to military service. 1
3 It has the same rights and duties as male soldiers. The Federal Council may provide for exceptions, particularly with regard to the release of military service, length of service, assignment and promotion.
1 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er Jan 2011 ( RO 2010 6015 ; FF 2009 5331 ).
1 In peacetime, the Swiss abroad are exempt from recruitment and military service. The Federal Council may provide for exceptions, in particular for Swiss nationals domiciled in the neighbouring states of Switzerland.
2 The Swiss abroad can volunteer to perform military service. If their application is accepted, they are enrolled. If, at the time of recruitment, they are declared suitable for service and are committed to the military service assigned to them, they are subject to military service. 1
3 Any Switzerland from abroad may be convened for the national defence service (art. 76). 2
4 Any person who stays abroad for more than six years without interruption and whose army does not need it shall be incorporated into the army upon his return, only if he so requests.
5 The Federal Council sets out the details, including:
1 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er Jan 2011 ( RO 2010 6015 ; FF 2009 5331 ).
2 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er Jan 2011 ( RO 2010 6015 ; FF 2009 5331 ).
1 Swiss nationals who possess the nationality of another State and in which they have fulfilled their military or alternative service obligations are not required to serve in Switzerland. The Federal Council may provide for exceptions.
2 They reserved the obligation to announce themselves and the obligation to pay the exemption fee.
3 The Federal Council sets out the details. It may conclude conventions with other States concerning the mutual recognition of the performance of military service by national doubles.
1 The Federal Council may order that the army be allocated or assigned:
2 People assigned or assigned to the army have the same rights and duties as other military personnel. The Federal Council may provide for exceptions.
1 Persons subject to military service receive a document in which the fulfilment of their military obligations is attested.
2 This document is updated regularly.
1 Introduced by ch. I of the PMQ of 19 March 2010, in force since 1 Er Jan 2011 ( RO 2010 6015 ; FF 2009 5331 ).
1 Persons subject to military service are enrolled at the beginning of the year in which they reach the age of 18.
2 They shall be announced to the competent military authorities to be included in military roles and to provide the data referred to in Art. 27. The obligation to announce is extinguished at the end of the year in which they reach the age of 29.
1 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er Jan 2011 ( RO 2010 6015 ; FF 2009 5331 ).
1 The conscripts participate in an information session, during which:
2 The information session is not attributed to the total length of training services (s. 42).
3 The information session is open to the Swiss abroad and the Suissors who are not enrolled.
1 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er Jan 2011 ( RO 2010 6015 ; FF 2009 5331 ).
1 The conscripts participate in the recruitment process. The Federal Council may provide for exceptions for manifest cases of incapacity for service.
2 The conscripts spend the recruitment in their 19 E Year. The Federal Council may provide for exceptions for conscripts who wish to complete their school of recruits earlier or who may not, for personal reasons, recruit in their 19 E Year.
3 The obligation to participate in recruitment is extinguished at the end of the year in which the conscripts reach the age of 25. The Federal Council may provide for further recruitment. The latter shall be subject to the consent of the persons concerned.
1 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er Jan 2011 ( RO 2010 6015 ; FF 2009 5331 ).
1 Recruitment is to process through examinations, tests and questionnaires the data necessary to determine the benefit profile of the conscript, assess his or her ability to perform military service or the civil protection service And decide on his assignment.
2 Recruitment days are charged on the total duration of appraisal services (art. 42).
1 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er Jan 2011 ( RO 2010 6015 ; FF 2009 5331 ).
1 Each year, the communes announce free of charge to the cantonal military authorities the name, the names, the address and the AVS insured number of the future conscripts in their register of inhabitants. 1
2 The following tasks are the responsibility of the cantons:
2bis The Federal Council sets out the objectives of the information session, the information to be transmitted and the data to be collected. The Federal Department of Defence, Population and Sports Protection (DDPS) regulates the modalities. 6
3 The Confederation organises recruitment. It assists the cantons with regard to the Swiss abroad who are subject to military obligations.
4 The costs of recruitment are borne by the Confederation. The costs of the information session shall be borne by the cantons. 7
1 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er Jan 2011 ( RO 2010 6015 ; FF 2009 5331 ).
2 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er Jan 2011 ( RO 2010 6015 ; FF 2009 5331 ).
3 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er Jan 2011 ( RO 2010 6015 ; FF 2009 5331 ).
4 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er Jan 2011 ( RO 2010 6015 ; FF 2009 5331 ).
5 Introduced by c. I of the 4 Oct PMQ. 2002, effective from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
6 Introduced by ch. I of the PMQ of 19 March 2010, in force since 1 Er Jan 2011 ( RO 2010 6015 ; FF 2009 5331 ).
7 New content according to the c. I of the 4 Oct PMQ. 2002, effective from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
Persons who are required to serve military service and who are capable of service perform the following services:
1 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er Jan 2011 ( RO 2010 6015 ; FF 2009 5331 ).
2 Military obligations are extinguished: 3
3 Members who, by reason of their professional activity or special knowledge, render essential services to the army or other areas of national security cooperation (art. 119), which are incorporated as specialists in this capacity, are, within the upper limit set for their degree in the field of education service (Art. 42), subject to military service until the end of the year in which they reach the age of 50.
4 Are considered specialists within the meaning of para. 3 military personnel with special knowledge, especially in the fields of safety and technology or in those with special long-term training. The Federal Council defines the details of the activities concerned in an order.
5 The age limit for completing military service may be identified, as required and with their agreement, for the specialists provided for in para. 3, senior NCOs and officers.
6 The Federal Assembly may raise or lower the age limits laid down in paras. 2 to 5 (art. 149).
7 The Federal Council sets the age limit for military personnel (art. 47) for the performance of the service.
1 New content according to the c. I of the 4 Oct PMQ. 2002, effective from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
2 Repealed by c. I of the PMQ of 19 March 2010, with effect from 1 Er Jan 2011 ( RO 2010 6015 ; FF 2009 5331 ).
3 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er Jan 2011 ( RO 2010 6015 ; FF 2009 5331 ).
1 Repealed by c. I of the 4 Oct PMQ. 2002, with effect from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
A member may be required to take a rank and exercise command or function. It shall perform the corresponding services and tasks outside the relevant service.
1 Men who are subject to military service who cannot reconcile armed military service with their conscience carry out their military service without arms. 1
2 The competent authority responsible for granting authorisations shall rule on applications for admission to military service without arms. The Federal Council regulates its competence and organisation.
1 New content according to the c. 6 of the annex to the LF of 6 Oct. 1995 on civil service, in force since 1 Er Oct. 1996 (RO 1996 1445; FF 1994 III 1597).
1 Members of the Federal Assembly are exempted from the training and support services for the duration of the sessions, the committee meetings and the meetings of the groups of the two councils. 1
2 They must make up only the training services that allow them to take a higher grade or a new function.
1 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er Jan 2011 ( RO 2010 6015 ; FF 2009 5331 ).
1 Are exempt from military service as long as they carry out their duties or activities:
2 In duly substantiated exceptional cases, the DDPS 2 May exempt other professional members of public and private institutions and services who carry out vital or essential activities for emergency or disaster relief, to the extent that they are not absolutely necessary for The army for similar tasks.
3 Persons exercising the office of Federal Councillor, Chancellor or Vice Chancellor of Confederation are exempt from office; other persons are on request. The application shall be filed in common by the on-call person and his or her employer or the service to which it is subordinate.
4 The Federal Council sets out the details, particularly with regard to the institutions, persons and activities, as well as the competence to decide on the matter.
5 Persons subject to military service in accordance with para. 1, let. C to i, are exempt only after completing the recruit school.
1 New content according to the c. II 7 of the Law of 20 March 2009 on the reform of the railways 2, in force since 1 Er Jan 2010 ( RO 2009 5597 ; FF 2005 2269 , 2007 2517).
2 New expression according to c. I of the PMQ of 19 March 2010, in force since 1 Er Jan 2011 ( RO 2010 6015 ; FF 2009 5331 ). This amendment has been taken into account throughout this text.
Any person who is exempt from military service under s. 18 and which the army still needs, is reincorporated when the reason for exemption is null and void.
1 New content according to the c. I of the 4 Oct PMQ. 2002, effective from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
1 Aptitude for military service may be reassessed. A reasoned request for further assessment may be filed in writing:
1bis Persons who are, in whole or in part, incapable of discernment in respect of their service obligations are unfit for service. The Tutelary authorities shall without delay announce to the Army General Staff any tutelage and curatelles, entered in force or raised, concerning conscripts or members of the military. The army's general staff of conduct transmits them to the recruiting bodies and the district commanders. 2
2 The incorporation and assignment of any member may be amended at any time.
3 The Federal Council regulates the conditions and procedure.
1 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er Jan 2011 ( RO 2010 6015 ; FF 2009 5331 ).
2 Introduced by ch. I of the PMQ of 19 March 2010, in force since 1 Er Jan 2011 ( RO 2010 6015 ; FF 2009 5331 ).
1 The conscripts whose presence is incompatible with the requirements of the military service are not recruited because they were convicted:
2 At their request, the persons referred to in para. 1 may be eligible for recruitment under the following conditions:
3 The admission may be revoked if it is found that the conditions to which it was submitted were not met.
1 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er Jan 2011 ( RO 2010 6015 ; FF 2009 5331 ).
1 Members whose presence is incompatible with the requirements of military service are excluded from the military because they have been convicted:
2 At their request, the persons referred to in para. 1 can be reintegrated under the following conditions:
3 Reinstatement may be revoked if it is found that the conditions to which it was submitted were not met.
1 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er Jan 2011 ( RO 2010 6015 ; FF 2009 5331 ).
1 The member who surrendered to his or her rank as a result of a conviction for a crime or a crime is degraded.
2 The authority which pronounces the degradation shall decide at the same time whether the person concerned can still be summoned to perform the service.
1 Introduced by ch. I of the PMQ of 19 March 2010, in force since 1 Er Jan 2011 ( RO 2010 6015 ; FF 2009 5331 ).
1 The military leadership staff shall be the competent authority for the decisions referred to in Art. 21 to 22 A .
2 In order to rule, it may:
3 If a military court has expressly renounced the exclusion of the army or the degradation, the army's conduct of conduct is bound by that decision.
1 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er Jan 2011 ( RO 2010 6015 ; FF 2009 5331 ).
1 Members who are unable to perform their duties are immediately assigned to a position they are able to perform. 2
2 The Federal Council regulates the competence and procedure.
1 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er Jan 2011 ( RO 2010 6015 ; FF 2009 5331 ).
2 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er Jan 2011 ( RO 2010 6015 ; FF 2009 5331 ).
1 Outside the service, persons subject to military service have the following duties:
2 The Federal Council may issue requirements to ensure that members incorporated into certain formations or performing certain functions are reachable outside the service.
1 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er Jan 2011 ( RO 2010 6015 ; FF 2009 5331 ).
2 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er Jan 2011 ( RO 2010 6015 ; FF 2009 5331 ).
1 Repealed by c. I of the PMQ of 19 March 2010, with effect from 1 Er Jan 2011 ( RO 2010 6015 ; FF 2009 5331 ).
1 Conscripts and persons subject to military service shall communicate spontaneously to the district commander of their canton of residence the following personal data, as well as any changes concerning them:
1bis They shall spontaneously communicate to the Military Conduct Staff the following data, as well as any amendments relating to them:
2 The Federal Council sets out the obligation to announce itself for the Swiss abroad, as well as for those who are performing a civil service and those who are on leave abroad.
1 Introduced by ch. I of the PMQ of 19 March 2010, in force since 1 Er Jan 2011 ( RO 2010 6015 ; FF 2009 5331 ).
2 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er Jan 2011 ( RO 2010 6015 ; FF 2009 5331 ).
3 Introduced by ch. I of the PMQ of 19 March 2010, in force since 1 Er Jan 2011 ( RO 2010 6015 ; FF 2009 5331 ).
1 In periods of military service, military members enjoy the same constitutional and legal rights as in civilian life.
2 Restrictions are permissible only to the extent that the specific instruction or undertaking so requires.
3 The Federal Council lays down the provisions laying down the rights and duties of the military. 1
1 New content according to the c. I of the 4 Oct PMQ. 2002, effective from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
1 Members serving in service receive pay and subsistence from the State. The state provides for their accommodation and takes care of their movements of service.
2 The Federal Assembly enacts the provisions relating to pay, sustenance, housing and service travel (art. 149).
1 The member in service is entitled to compensation for loss of gain.
2 Compensation for loss of gain is regulated by law.
1 Services are available to the military to provide advice and assistance in the medical, spiritual, psychological or social fields related to military service.
2 The various services are covered by the Confederation. They are empowered to process personal data, including sensitive data and personality profiles, on condition and as long as their tasks so require.
1 The superiors and the command helpers which they have authorised shall have the right to give orders to their subordinates in the affairs of the service.
2 The military must obey their superiors in the affairs of the service.
3 The military does not have to execute an order when it imposes a conduct that is punishable under the law or the law of the people.
1 Members are required to keep the secrecy with regard to the matters of which they are aware in the course of their service activities, to the extent that such cases are to be kept secret due to their importance or Specific requirements.
2 The duty to keep secrecy remains after the end of military duties.
The insurance of conscripts and soldiers against the disease and the accident is regulated by a special federal law. The responsibility of the Confederation for damages to persons is based exclusively on this special law.
1 New content according to the c. I of the 4 Oct PMQ. 2002, effective from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
In order to combat communicable and serious diseases, the Federal Council may order compulsory medical measures for the military.
1 Every member of the military has the right to file a service complaint if he or she is satisfied that a superior, another member or a military authority has been harmed.
2 The decision on the service complaint may be referred to the immediate superior court. The decision of the latter may be referred to the competent federal department, which shall decide definitively.
3 The decisions of the cantonal military directorates can be referred directly to the DDPS, provided that the cantonal law does not provide for the possibility of using the cantonal government.
4 Service complaints and appeals are handled in a simple, expeditious and free way. They have no suspensive effect. An authority may exceptionally admit a suspensive effect for special reasons.
5 The Federal Council sets out the details.
1 All orders from military superiors are considered to be matters of military command power within the meaning of s. 3, let. D, of the Federal Act of 20 December 1968 on administrative procedure 1 In addition, the Federal Council determines which orders of the federal and cantonal military authorities relating to the posting of the member must also be considered as matters within the authority of command.
2 The service complaint is also admissible in cases of military command authority.
Members may file a request for re-determination with respect to layoffs, as well as decisions on service permutations, in advance of service, on voluntary service and in support or service exemptions. Active service. The service complaint is not admissible in these cases.
Members may make use of the decisions of the health inspection committees concerning the assessment of the aptitude for military service to another health inspection committee. The decision is then final.
1 In other non-pecuniary legal cases, in particular with respect to decisions made under s. 21 to 24 and similar administrative law remedies, the legal remedies are governed by the Federal Act of 20 December 1968 on the administrative procedure 1 And by cantonal law when they are the responsibility of the cantonal authorities.
2 Decisions of the authorities responsible for granting authorisations for admission to military service without a weapon (art. 16, para. 2) may be appealed to the DDPS; the decision of the DDPS may be appealed to the Federal Administrative Tribunal. 2
1 RS 172.021
2 New content according to the c. 46 of the annex to the Act of 17 June 2005 on the Federal Administrative Tribunal, in force since 1 Er Jan 2007 ( RO 2006 2197 1069; FF 2001 4000 ).
1 Members of the military are prohibited from accepting titles or decorations granted by foreign authorities.
2 Members who were in possession of titles or decorations before being incorporated into the Swiss army may not make use of such titles or wear such decorations in Switzerland or abroad until they have been released from the Military service.
1 When a member creates a work within the meaning of the Copyright Act of October 9, 1992 1 In the performance of his or her duties, the right of use shall be the exclusive right of the Confederation.
2 If the work is of great use to the Confederacy, appropriate compensation may be awarded to the member.
1 Training services include schools, courses, exercises and reports.
2 As a general rule, officers, non-commissioned officers and soldiers who hold managerial positions are summoned to executive courses prior to the training services.
3 The Federal Council establishes the training services, defines their duration and their subordination, and designates the participants.
4 During recruitment and during training, investigations may be conducted for scientific purposes. In this respect, the protection of personality and the protection of data must be respected.
1 The troops of the troupe perform up to 330 days of training service. 2
2 The Federal Council fixes the maximum number of days of instruction: 3
3 In general, services that are not performed or deemed to be unaccomplished must be overtaken.
1 New content according to the c. I of the 4 Oct PMQ. 2002, effective from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
2 New content according to the c. I of the 4 Oct PMQ. 2002, effective from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
3 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er Jan 2011 ( RO 2010 6015 ; FF 2009 5331 ).
4 New content according to the c. I of the 4 Oct PMQ. 2002, effective from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
1 Training and preparatory services for commitments in the country and abroad are eligible for the balance and are charged on the total duration of appraisal services.
2 Training services provided and paid under a contract of employment are not eligible for the balance and are not charged.
1 New content according to the c. I of the 4 Oct PMQ. 2002, effective from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
1 If necessary, members may be authorized to carry out voluntary services. This type of service is treated as a training service.
2 The RFSP rules the charge against the total duration of the training services 1 .
1 New expression according to c. I of the 4 Oct PMQ. 2002, effective from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
In the event of reorganisation or re-equipping of training, the Federal Council may order additional training services and fix the duration thereof.
1 New content according to the c. I of the 4 Oct PMQ. 2002, effective from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
1 Training is organized at all levels depending on the mission of the army.
2 The DDPS sets the goals and rules the conduct of the training according to the commitment of the army.
1 Military personnel include members of the military and contract members.
2 The members of the trades are career officers, career sub-officers and professional soldiers. As a general rule, they are engaged by contract of indefinite duration in accordance with the legislation on the personnel of the Confederation.
3 Contract members are contract officers, contract officers and contract soldiers. They are hired by a fixed-term contract in accordance with the law on the personnel of the Confederation.
4 Military personnel are employed in the fields of military training, conduct and engagement. It can be hired at home or abroad. Anyone who is a member of military personnel is considered military.
5 Military personnel are specially trained for their commitment. The training can be conducted in collaboration with high schools and specialized high schools, with specialists and with foreign armed forces.
1 New content according to the c. I of the 4 Oct PMQ. 2002, effective from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
1 Troop commanders are responsible for the training and commitment of the troops who are subordinate to them.
2 The Federal Council regulates the training of troops.
1 New content according to the c. I of the 4 Oct PMQ. 2002, effective from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
1 Within the framework of Switzerland's foreign policy and security policy, the Federal Council may conclude international agreements concerning:
2 The Federal Council may provide military facilities and equipment for training purposes in an international context.
1 Introduced by ch. I of the 6 Oct LF. 2000 ( RO 2001 2264 ; FF 2000 433 ). New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er Jan 2011 (RO) 2010 6015; FF 2009 5331).
1 The training and development of military medical personnel is a matter for the Confederation to the extent that they do not take place in a high school.
2 The Confederation guarantees and coordinates the training and development of military physicians and other health professions in the field of military medicine and disaster.
3 To this end, the Confederation has a competence centre for military medicine and disaster. This centre is an administrative unit of the DDPS. It can assign mandates to third parties to implement training and development measures.
1 Introduced by ch. I of the PMQ of 19 March 2010, in force since 1 Er Jan 2011 ( RO 2010 6015 ; FF 2009 5331 ).
1 Persons subject to military service perform the recruit school as a general rule during the year in which they reach 20 years of age.
2 The conscripts, who did not complete the recruit school at the end of the year in which they reached the age of 26, are no longer required to serve in the military service. The Federal Council may provide for the subsequent completion of the recruit school. The parties must have given their consent. 1
3 The Federal Assembly determines the duration of the recruit school (art. 149). 2
1 New content according to the c. I of the 4 Oct PMQ. 2002, effective from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
2 New content according to the c. I of the 4 Oct PMQ. 2002, effective from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
After the recruit school, specialists can receive additional training in technical courses.
1 Persons subject to military service perform rehearsal courses. As a general rule, these must be carried out in the form of incorporation.
2 The duration and frequency of these courses are fixed by the Federal Assembly (art. 149). In this respect, it takes into account, in particular, the needs of education and the ability to engage. 1
1 New content according to the c. I of the 4 Oct PMQ. 2002, effective from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
1 Repealed by c. I of the 4 Oct PMQ. 2002, with effect from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
1 Members may be summoned for the preparation of training services and for termination of employment.
2 The Federal Council determines the duration of these services.
The Federal Council may order special training services outside the incorporation training for members of the military who perform certain duties.
1 A person who is required to comply with military obligations may, if he so wishes, complete the total duration of compulsory education services at one time. The number of persons required to be taken into account is determined by the needs of the army.
2 Every person who performs the total duration of his or her compulsory training at one time (long service member) shall pay the balance of his or her service days immediately after his or her recruit school. 1
3 The proportion of members serving in long-term service to a recruitment class must not exceed 15 %. 2
1 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er Jan 2011 ( RO 2010 6015 ; FF 2009 5331 ).
2 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er Jan 2011 ( RO 2010 6015 ; FF 2009 5331 ).
1 The sergeants and lieutenants follow an executive training adapted to their missions.
2 Newly appointed sergeants and lieutenants perform a training service at a recruit school. They take responsibility for training and conduct at their own level.
3 The Federal Council determines:
4 It can empower the RFSP to regulate the terms and conditions of training services, such as their distribution in modules, participants and admission requirements.
1 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er Jan 2011 ( RO 2010 6015 ; FF 2009 5331 ).
1 Repealed by c. I of the PMQ of 19 March 2010, with effect from 1 Er Jan 2011 ( RO 2010 6015 ; FF 2009 5331 ).
1 If necessary, military authorities may summon military personnel to ensure the conduct of schools and courses.
2 In the event of an urgent need, military authorities may summon military personnel to military administration and operations.
3 There is a requirement when:
1 Members, except recruits, who are not included in training, are available to the DDPS. 2 As a general rule, this situation also applies to members of the active service or support service.
2 They may be summoned to services in schools, courses and military administration; the Swiss abroad are an exception.
3 The Federal Council refers to military personnel who are not included in training.
1 New content according to the c. I of the 4 Oct PMQ. 2002, effective from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
2 New content according to the c. I of the 4 Oct PMQ. 2002, effective from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
1 In the event of necessity and to the extent that the needs of the army permit, military personnel may be placed at the disposal of civil protection, civilian bodies for the conduct of national security cooperation or bases of Firefighters, as managers or specialists.
2 During the period of the making available, they are not required to perform military service.
1 Within the limits of the appropriations granted, the Confederation shall support the activities of associations and military societies which promote training and development outside the service, provided that these activities are in the interests of the National defence and comply with the relevant requirements.
2 It supports recognized marksmanship companies in the organization of weapons fire drills and ordnance.
3 The Federal Council refers to other activities that are supported by the Confederation.
4 The Confederation organizes training courses.
1 Every year shall be required to carry out shooting exercises out of service for as long as they are required for military service:
2 Shooting exercises are organized by shooting companies and are free for shooters.
3 The Federal Council may provide that junior officers carry out the mandatory firing with the pistol instead of the assault rifle.
4 It may vary the duration of the obligation to fire and provide for exceptions to this obligation.
5 Any person who does not perform the mandatory firing shall be present at a fire course that is not soldered for latecomers. If she does not get the minimum required result, she must complete a soldered shooting course.
6 The Confederation compensates recognized associations and societies for the organization and execution of federal exercises.
1 The Confederation supports, within the limits of the appropriations granted, the associations and the societies which organise pre-military training.
2 The DDPS may organize pre-military training courses or charge other organizations for this task. Participation in these courses is voluntary. The incorporation into certain weapons or certain functions may depend on the success of such a course.
The army is engaged in the peace promotion service, the support service and the active service.
1 Introduced by ch. I of the 4 Oct PMQ. 2002, effective from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
1 Commitments in the peace promotion service and in the support service are eligible for the balance and are charged to the total duration of the training services.
2 Commitments made and paid under a contract of employment are not eligible for the balance and are not charged.
3 In the event of a significant deployment of troops or long-term commitments, the Federal Council may order that the support service not be charged over the total duration of the training services or that it is in part only.
1 Introduced by ch. I of the 4 Oct PMQ. 2002, effective from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
1 Commitments for the promotion of peace can be ordered on the basis of a mandate from the UN or the OSCE. They must be in accordance with the principles of Switzerland's foreign and security policy.
2 The peace promotion service is carried out by specially trained Swiss people or troops.
3 Registration for participation in a peace promotion commitment is voluntary. 2
1 New content according to the c. I of the 6 Oct LF. 2000, in force since 1 Er Seven. 2001 ( RO 2001 2266 ; FF 2000 433 ).
2 New content according to the c. I of the 4 Oct PMQ. 2002, effective from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
1 The Federal Council shall, in each case, determine the armaments necessary for the protection of persons and troops engaged by Switzerland and for the performance of their tasks.
2 Participation in combat actions to impose peace is excluded.
1 Introduced by ch. I of the 6 Oct LF. 2000, in force since 1 Er Seven. 2001 ( RO 2001 2266 ; FF 2000 433 ).
1 The Federal Council has the power to order a commitment.
2 It may conclude the international conventions necessary for the implementation of the undertaking.
3 In the event of an armed commitment, it shall consult the External Policy Commissions and the Security Policy Committees of the two Councils before ordering it. 2
4 When the strength of an armed engagement exceeds 100 or more than three weeks, the commitment is subject to approval by the Federal Assembly. In case of emergency, the Federal Council may seek the approval of the Federal Assembly at a later date.
1 Introduced by ch. I of the 6 Oct LF. 2000, in force since 1 Er Seven. 2001 ( RO 2001 2266 ; FF 2000 433 ).
2 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er Jan 2011 ( RO 2010 6015 ; FF 2009 5331 ).
1 Troops can provide assistance to the civilian authorities who request it:
2 Assistance will only be provided if the task is in the public interest and the civil authorities are no longer able to carry out their tasks due to a lack of personnel, equipment or time.
3 If necessary, the staff of the Confederation or other institutions may be asked to assist.
Military or military staffs can be set up to strengthen the army's state of readiness.
1 Troops can be sent at the request of states or international organisations to support humanitarian aid; equipment and supplies can also be made available to them.
2 As long as Swiss interests are to be safeguarded, troops can be engaged to ensure the protection of people or objects that are particularly worthy of protection abroad. The Federal Council determines the type of armaments.
3 The foreign support service is voluntary. It can be declared compulsory to support humanitarian aid in border areas.
1 New content according to the c. I of the 4 Oct PMQ. 2002, effective from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
1 The following shall be responsible for setting up and assigning to civil authorities:
2 The Federal Assembly must approve the undertaking at the next session, provided that the establishment includes more than 2000 military personnel or lasts for more than three weeks. If the commitment ends before the session, the Federal Council sends a report to the Federal Assembly.
1 The civil authority establishes the mission for the engagement in Switzerland after agreement with the DDPS.
2 The Federal Council or DDPS determines the command structure.
3 The troop commander drives the troop during the engagement.
The troupe can provide spontaneous assistance during the training service.
1 During the support service, the military has in principle the same rights and obligations as in the case of a training service.
3 The contribution of the staff of the Confederation is governed by the law governing service reports; that of the staff of institutions that are not part of the federal government is governed by contract.
1 Repealed by c. I of the 4 Oct PMQ. 2002, with effect from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
The Federal Council may declare the right of requisition as defined in Art. 80 applicable to the support service.
1 The support service will be provided as much as possible by troops in service.
2 Members may be summoned for preparation and dismissal.
3 The Federal Council defines the measures necessary to guarantee the state of preparedness.
4 In preparation for a support service, it may:
1 Active service is performed for:
2 Support and peace support service tasks can also be performed during active service.
1 Introduced by c. I of the 4 Oct PMQ. 2002, effective from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
1 The Federal Assembly ordered active service and set up the army or elements of the army. 1
2 In addition, within the limits it determines, it may authorize the Federal Council to set up additional troops or to renew convocations.
3 Where the Chambers are not in place, the Federal Council may, in an emergency, order the active service. 2 If the establishment exceeds 4000 military personnel or the undertaking is for a period of more than three weeks, it calls for the immediate convening of the Federal Assembly, which decides on the maintenance of the measure. 3
4 The Federal Council may order the picket of troops. In this case, the members concerned stand ready to carry out the tasks assigned to them. 4
5 The Federal Council decides on the dismissal of the troops.
1 New content according to the c. I of the 4 Oct PMQ. 2002, effective from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
2 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er Jan 2011 ( RO 2010 6015 ; FF 2009 5331 ).
3 New content according to the c. I of the 4 Oct PMQ. 2002, effective from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
4 New wording of the sentence as per c. I of the 4 Oct PMQ. 2002, effective from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
5 Repealed by c. I of the 4 Oct PMQ. 2002, with effect from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
1 The troops mobilized for the active service are sworn in.
2 Members swear an oath or promise solemnly.
1 The Federal Council shall lay down the obligations of the cantons, municipalities and individuals for the picket and mobilization.
2 In the event of extreme necessity, it may, as a last resort, oblige all Swiss to make their person available to the country and to contribute to defending it in the measure of their strength.
1 When the Confederation mobilises troops for the active service, each is required to make available to the military authorities and the company its movable and immovable property in order to carry out the military missions. This obligation also applies to the necessary preparations in peacetime.
2 The military authorities and the troop can resort to the requisition when their mission cannot be fulfilled otherwise or if the necessary means are lacking.
3 The Confederation provides fair compensation for the use, valuation and loss of property.
4 All decisions and orders issued by the bodies responsible for requisition are final and immediately enforceable. Recourse to the DDPS Defence Grouping is possible against decisions concerning claims of a heritage nature. 1
5 The Federal Council may order the non-use of operations, facilities and warehouses during active service.
1 New wording of the sentence as per c. I of the PMQ of 19 March 2010, in force since 1 Er Jan 2011 ( RO 2010 6015 ; FF 2009 5331 ).
1 In the case of active service, the Federal Council may declare military exploitation:
2 In this case, the military authorities have the personnel and equipment of the aforementioned companies; they take into account the needs of national security cooperation.
3 Military authorities may declare the construction of new installations or the destruction of existing installations.
4 Personnel subject to military duties perform their duties in the form of military service. Personnel who are not subject to military service may not leave their service. The Federal Council may make provision for service reports concerning this staff.
5 The Confederation equitably compensates companies for the damage caused to them by military exploitation.
During the national security cooperation service, the Federal Council may defer the age of the release of military obligations. It takes into account the needs of national security cooperation in this regard.
1 New content according to the c. I of the PMQ of 24 March 2000, in force since 1 Er May 2001 ( RO 2001 1079 ; FF 2000 292 ).
1 Troops can be hired for the service of order when the means of civil authorities are no longer sufficient to deal with serious threats to internal security.
2 The service shall be ordered by the Federal Assembly or, in urgent cases, by the Federal Council, in accordance with Art. 77, para. 3. 1
3 The civil authority defines the mission of the undertaking in agreement with the DDPS or the commander-in-chief of the army. 2
5 The cantons may ask the Confederation to set up troops to provide the service of order.
6 In the national defence service, the Confederation ensures that internal security is guaranteed when troops are required to do so. The Federal Council gives the commander-in-chief of the army the necessary instructions.
1 New content according to the c. I of the 4 Oct PMQ. 2002, effective from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
2 New content according to the c. I of the 4 Oct PMQ. 2002, effective from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
3 Repealed by c. I of the 4 Oct PMQ. 2002, with effect from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
The general is the commander-in-chief of the army.
1 The Federal Assembly elects the General as soon as an important troop removal is planned or ordered. She decides on the end of her term.
2 The Federal Council lays down the rules applicable to the high command until the general election.
3 The Federal Council shall designate the deputy of the general on the proposal of the latter. 1
1 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er Jan 2011 ( RO 2010 6015 ; FF 2009 5331 ).
1 The Federal Council remains, after the election of the general, the authority for execution and supreme conduct.
2 It defines the mission of the general.
The Federal Council consults the General on decisions relating to national defence; the General may direct his proposals.
1 The general can modify the articulation of the army according to the needs of the situation.
2 The constitution and dissolution of the Large Units must be approved by the Federal Council.
1 The General may entrust and withdraw commands.
2 The Federal Council regulates the administrative status of the persons concerned. Subject to pecuniary pretensions, it is not bound by the legal provisions on personnel.
The Federal Council appoints the administrative units that are subordinate to the general after his election.
In the event of extreme necessity, the Federal Council may order that the general dispose of the other means of personnel and equipment required to carry out his or her mission, unless the law excludes them.
1 During the training service and during the engagement, the force has the necessary police powers to carry out its mission.
2 Due to its police powers, the force is authorized:
3 Because of its police powers, it can make use of its weapons:
3bis When the force intervenes in Switzerland for the benefit of the civil authorities of the confederation as a support service, the law of 20 March 2008 on the use of the constraint 1 Is applicable. 2
4 The Federal Council regulates in detail the exercise of police powers and the use of arms for the training service and for the commitment of the army. In this regard, it takes into account the type of mission and the level of instruction of the troop.
1 RS 364
2 Introduced by ch. 4 of the annex to the law of 20 March 2008 on the use of coercion, in force since 1 Er Jan 2009 ( RO 2008 5463 ; FF 2006 2429 ).
1 The Federal Assembly lays down the principles of the organisation of the army, establishes the structure of the army and determines arms, vocational training and ancillary services (art. 149).
2 It may delegate its powers to the Federal Council and the DDPS.
3 The subordination of elements of the army to other departments requires the approval of the Federal Assembly (art. 149).
Repealed
1 Repealed by c. I of the 4 Oct PMQ. 2002, with effect from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
1 The task of the Army Intelligence Service (Intelligence Service) is to search for and assess information abroad important to the military, including from the point of view of national defence, the peace promotion service, and Support service abroad. 1
1bis In order to accomplish its mission, it may use the means of radio exploration within the meaning of s. 4 A Federal Law of 3 October 2008 on Civil Intelligence (LFRC) 2 The Federal Council sets out the areas for exploration by way of a prescription. The independent supervisory authority within the meaning of s. 4 B LFRC ensures the legality of radio exploration. 3
1ter The intelligence service can record and analyze electromagnetic waves emanating from telecommunications systems for the following purposes:
2 It is entitled to deal, if necessary without the knowledge of the persons concerned, with personal data, including sensitive data and personality profiles, on condition and as long as its tasks so require. It may, in case of case, disclose personal data abroad in derogation from the provisions of data protection.
2bis It may disclose to the criminal prosecution authorities of the Confederation information on persons in Switzerland that it has obtained in the course of the activities mentioned in para. 1, and which may be important for criminal prosecution. The Federal Council regulates the modalities. 5
3 The Federal Council regulates:
4 The Federal Council regulates the protection of sources according to their protection needs. Those who are in danger because of their foreign intelligence activities must be protected in all cases. 8
5 The Federal Council regulates the subordination of the information service. It ensures that the legality, timeliness and effectiveness of information service activities are monitored. The competent department shall draw up an annual monitoring plan which it coordinates with parliamentary controls. 9
1 New content according to the c. 2 of the annex to the PMQ of 3 Oct. 2008 on Civil Intelligence, in force since 1 Er Jan 2010 ( RO 2009 6565 ; FF 2008 3609 3629).
2 RS 121
3 Introduced by ch. 4 of the annex to the LF of 23 Dec. 2011, effective from 1 Er Nov 2012 ( RO 2012 3745 5525; FF 2007 4773 , 2010 7147).
4 Introduced by ch. 4 of the annex to the LF of 23 Dec. 2011, effective from 1 Er Nov 2012 ( RO 2012 3745 5525; FF 2007 4773 , 2010 7147).
5 Introduced by ch. I of the 4 Oct PMQ. 2002 ( RO 2003 3957 ; FF 2002 816 ). New content according to the c. 2 of the annex to the PMQ of 3 Oct. 2008 on Civil Intelligence, in force since 1 Er Jan 2010 (RO) 2009 6565; FF 2008 3609 3629).
6 New content according to the c. I of the 4 Oct PMQ. 2002, effective from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
7 New content according to the c. 2 of the annex to the PMQ of 3 Oct. 2008 on Civil Intelligence, in force since 1 Er Jan 2010 ( RO 2009 6565 ; FF 2008 3609 3629).
8 Introduced by ch. I of the 4 Oct PMQ. 2002 ( RO 2003 3957 ; FF 2002 816 ). New content according to the c. 2 of the annex to the PMQ of 3 Oct. 2008 on Civil Intelligence, in force since 1 Er Jan 2010 (RO) 2009 6565; FF 2008 3609 3629).
9 Introduced by ch. I of the 4 Oct PMQ. 2002 ( RO 2003 3957 ; FF 2002 816 ). New content according to the c. 2 of the annex to the PMQ of 3 Oct. 2008 on Civil Intelligence, in force since 1 Er Jan 2010 (RO) 2009 6565; FF 2008 3609 3629).
1 The following tasks are the responsibility of the Military Security Service:
2 It is empowered to process personal data, including sensitive data and personality profiles, on condition and as long as its tasks so require. If the data subjects give their consent, they may disclose personal data abroad in derogation from the data protection provisions.
3 The Federal Council regulates:
1 New content according to the c. I of the 4 Oct PMQ. 2002, effective from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
2 New content according to the c. I of the 4 Oct PMQ. 2002, effective from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
3 Repealed by c. I of the 4 Oct PMQ. 2002, with effect from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
1 Vocational training may be established to carry out the following tasks, provided that the establishment of militia groups does not allow them to be completed:
2 Members of such training may also be involved in the field of education.
3 They are hired as military personnel.
1 New content according to the c. I of the 4 Oct PMQ. 2002, effective from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
The ranks of the army are as follows:
1 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er Jan 2011 ( RO 2010 6015 ; FF 2009 5331 ).
1 Promotions and appointments depend on needs and abilities. The Federal Council sets the conditions and competences.
3 The competent authorities may, in determining the suitability of a candidate:
4 Promotions and appointments that contravene this Act or its implementing provisions may be declared invalid.
1 Repealed by c. I of the 4 Oct PMQ. 2002, with effect from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
2 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er Jan 2011 ( RO 2010 6015 ; FF 2009 5331 ).
1 Where necessary, officer duties may be assigned to non-commissioned officers, officers and soldiers with special knowledge. They must perform the services related to these functions, with the exception of the training services required for a higher rank or a new function.
2 They are appointed as specialist officers and have the same rights and duties as officers performing the same duties.
3 The Federal Council shall lay down the functions which may be entrusted to them and shall lay down the conditions for appointment.
4 If the officer function is no longer performed, the appointment to the rank of specialist officer remains generally acquired. The Federal Council sets the exceptions.
Army equipment includes:
1 New content according to the c. II 8 of the 6 Oct LF. 2006 on the reform of the financial equalization and division of labour between the Confederation and the cantons (RPT), in force since 1 Er Jan 2008 ( RO 2007 5779 ; FF 2005 5641 ).
The Confederation acquired the equipment of the army.
1 New content according to the c. II 8 of the 6 Oct LF. 2006 on the reform of the financial equalization and division of labour between the Confederation and the cantons (RPT), in force since 1 Er Jan 2008 ( RO 2007 5779 ; FF 2005 5641 ).
1 The Confederation provided for the operation and maintenance of military equipment.
2 It may entrust the cantons with the operation and maintenance, against compensation.
1 Introduced by ch. II 8 of the 6 Oct LF. 2006 on the reform of the financial equalization and division of labour between the Confederation and the cantons (RPT), in force since 1 Er Jan 2008 ( RO 2007 5779 ; FF 2005 5641 ).
1 Repealed by c. II 8 of the 6 Oct LF. 2006 on the reform of the financial equalization and division of labour between the Confederation and the cantons (RPT), with effect from 1 Er Jan 2008 ( RO 2007 5779 ; FF 2005 5641 ).
The Confederation stands ready a sufficient reserve of support assets to enable the military to carry out its mission.
1 The Federal Council can facilitate the private acquisition and detention of army animals, as well as the private acquisition of vehicles suitable for use.
2 The Federal Assembly shall fix in the budget the maximum amount to which the payment of compensation may be guaranteed during the year to the holders of animals and vehicles.
1 The SPPD is responsible for the decommissioning of military equipment.
2 It concludes the contracts necessary for the decommissioning.
3 It provides security for the military cultural property that is deemed worthy of preservation. It may entrust, in whole or in part, the conservation and management of these assets to third parties.
1 Introduced by ch. I of the PMQ of 19 March 2010, in force since 1 Er Jan 2011 ( RO 2010 6015 ; FF 2009 5331 ).
1 The Federal Council may, within the framework of Switzerland's foreign policy and security policy, conclude international agreements in the field of armaments cooperation.
2 Such agreements may include:
1 Introduced by ch. I of the PMQ of 19 March 2010, in force since 1 Er Jan 2011 ( RO 2010 6015 ; FF 2009 5331 ).
1 The Confederacy team was free of charge.
3 The Federal Council regulates the rehabilitation, replacement and storage of personal equipment. It defines the extent to which members should be involved in the costs.
4 It rules the handing over of personal equipment to members of the Frontier Corps. Art. 112, 114 and 139, para. 2, shall apply mutatis mutandis. 2
1 Repealed by c. II 8 of the 6 Oct LF. 2006 on the reform of the financial equalization and division of labour between the Confederation and the cantons (RPT), with effect from 1 Er Jan 2008 ( RO 2007 5779 ; FF 2005 5641 ).
2 Introduced by ch. 4 of the annex to the Customs Act of 18 March 2005, in force since 1 Er May 2007 ( RO 2007 1411 ; FF 2004 517 ).
1 Repealed by c. II 8 of the 6 Oct LF. 2006 on the reform of the financial equalization and division of labour between the Confederation and the cantons (RPT), with effect from 1 Er Jan 2008 ( RO 2007 5779 ; FF 2005 5641 )
1 Military personnel ensure that personal equipment is maintained and maintained in good condition; they replace the effects that have become unusable.
2 If the member neglects these duties or makes improper use of their equipment, the equipment may be removed.
1 The armed forces' general staff may, in order to examine any ground preventing the surrender of personal weapons:
2 Federal, cantonal and municipal authorities, doctors and psychologists are released from the secrecy of function and of medical confidentiality when it comes to communicating to the relevant services of the DDPS any signs or serious signs giving rise to the That a member may, with his or her personal weapon, pose a danger to himself or herself or to third parties, or that he or she threatens to misuse it.
1 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er Jan 2011 ( RO 2010 6015 ; FF 2009 5331 ).
1 Personal equipment remains the property of Confederation. The military cannot alienate or pledge it.
3 The Federal Council refers to the effects of personal equipment that becomes the property of the member.
4 Members may not use personal equipment for private purposes; the SPB rules exceptions.
1 Repealed by c. I of the 4 Oct PMQ. 2002, with effect from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
1 Repealed by c. II 8 of the 6 Oct LF. 2006 on the reform of the financial equalization and division of labour between the Confederation and the cantons (RPT), with effect from 1 Er Jan 2008 ( RO 2007 5779 ; FF 2005 5641 )
1 The Federal Council is the Supreme Council for Military Affairs. When it does not accept it, it is exercised by the DDPS.
2 The Federal Council refers to the command of the army and defines its tasks. Art. 84 to 91 are reserved.
1 New content according to the c. I of the 4 Oct PMQ. 2002, effective from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
1 Repealed by c. I of the 4 Oct PMQ. 2002, with effect from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
Military affairs shall be the responsibility of the Confederation and the cantons, provided that they have been delegated to the latter. The Confederation exercises high surveillance.
1 New content according to the c. I of the 4 Oct PMQ. 2002, effective from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
1 The Federal Council shall ensure the establishment of general and flexible cooperation between the military and the civilian authorities responsible for security in the country.
2 It coordinates civil and military measures in the areas of prevention and combating threats of strategic importance and in anticipation of disaster control and other large-scale emergencies.
3 It provides training and information, as well as ongoing monitoring of the effectiveness of the measures in cooperation with the cooperation partners.
1 New content according to the c. I of the 4 Oct PMQ. 2002, effective from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
1 The Federal Council regulates the organisation of recruitment.
2 It shall consult the cantons in advance.
1 New content according to the c. I of the 4 Oct PMQ. 2002, effective from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
1 The cantons appoint the district commanders responsible for the processing of the data of the control and relations with the persons required to serve.
2 According to the needs, the cantons subdivide the districts into sections and appoint the section heads.
The cantons are responsible for the administrative procedure for the release of military obligations, as well as for the return of personal equipment in cooperation with the Confederation.
1 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er Jan 2011 ( RO 2010 6015 ; FF 2009 5331 ).
For activities under national defence, no cantonal authorisations or cantonal plans are required.
1 Introduced by ch. I 4 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 ; FF 1998 2221 ).
1 The cantons and municipalities shall not charge taxes on:
2 They cannot levy taxes on:
3 They may not levy taxes on the performance of work for the national defence.
1 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er Jan 2011 ( RO 2010 6015 ; FF 2009 5331 ).
1 The Confederation and the cantons operate 40 more places of arms.
2 The Federal Council designates the places of arms. It regulates the use and administration of arms, marksplaces and exercise spaces.
1 The cantons call the cantonal shooting committees and recognise the shooting companies.
2 The cantons shall decide on the operation of the facilities for shooting out of the service and allocate them to the shooting companies. They ensure the compatibility of fire installations with the protection of the environment and encourage collective or regional facilities.
3 The Federal Council regulates the competences and obligations of the cantons.
4 The cantonal decisions of the last instance in the field of shooting out of service may be appealed to the Federal Administrative Court. The RFSP is also authorized to use. The cantonal authorities of the last instance send him without delay and without charge their decisions. 1
1 Introduced by ch. I of the PMQ of 19 March 2010, in force since 1 Er Jan 2011 ( RO 2010 6015 ; FF 2009 5331 ).
1 National defence structures or installations may be set up, modified or assigned to another military purpose only if the plans of the project have been approved by the DDPS (the approval authority for the plans).
2 The approval of the plans covers all the authorizations required by federal law.
3 No authorisation or plans under the cantonal law are required. The cantonal law is taken into account in so far as it does not disproportionately interfere with the performance of the tasks of national defence.
4 As a general rule, approval of plans for projects with significant effects on spatial planning and the environment presupposes that a sectoral plan in accordance with the law of 22 June 1979 on land use planning 1 Has been established.
The application for approval of plans must be addressed with the required documents to the approval authority for the plans. The latter verifies that the file is complete and, if necessary, complements it.
1 Prior to the investigation of the application, the applicant must mark in the field with a picketing, and for buildings with templates, the modifications required by the proposed construction or installation.
2 If there are major reasons for this, the approval authority may grant a full or partial waiver of the obligation under para. 1.
3 Objections against picket lines or templates should be addressed without delay to the approval authority of the plans, but no later than the expiry of the period of investigation.
1 The authority responsible for approving the plans shall forward the request to the cantons and municipalities concerned so that they may take a position. The full consultation procedure takes three months. If the situation warrants, this period may exceptionally be extended.
2 The application must be published in the official bodies of the cantons and municipalities concerned, as well as in the Federal Worksheet and must be investigated for 30 days.
3 The investigation instituted the expropriation ban as referred to in s. 42 to 44 LEx 1 .
The applicant shall send to the parties concerned, at the latest when the application is being investigated, a personal opinion informing them of the rights to be expropriated, in accordance with Art. 31 LEx 1 .
1 Everyone who is a party under the Federal Act of 20 December 1968 on the administrative procedure 1 Or LEx 2 May object during the time of the investigation. Any person who has not objected shall be excluded from the proceedings.
2 All objections to expropriation and claims for compensation or compensation in kind must be filed within the same time limit. Objections and subsequent applications filed under s. 39 to 41 LEx should be addressed to the approval authority for the plans.
3 The communes assert their interests by way of opposition.
The procedure for eliminating discrepancies within the federal government is governed by s. 62 B The Federal Act of 21 March 1997 on the organization of government and administration 1 .
1 When approving the plans, the competent authority shall also rule on objections to expropriation.
2 Approval of the plans lapses if the completion of the construction project has not commenced within five years of the decision being taken.
3 If there are major reasons for this, the approval authority may extend the validity of its decision by no more than three years. Any extension is excluded if the determining conditions of fact or law have changed significantly since the decision was entered into force.
1 The simplified plan approval procedure applies to:
2 The simplified procedure applies to detailed plans drawn up on the basis of an already approved project.
3 The authority responsible for approving the plans may order the picketing. The application is neither published nor investigated. The approval authority of the plans submits the project to the interested parties, who may object within 30 days, unless they have previously agreed in writing. It may seek the views of the cantons and municipalities. It gives them a reasonable period of time to decide.
4 In addition, the ordinary procedure is applicable. In case of doubt, the latter is applied.
1 For the construction and installations covered by the Federal Law of 23 June 1950 concerning the protection of military works 1 , no procedure for approval of plans is required.
2 The simplified procedure for approval of plans shall apply mutatis mutandis. The interest in maintaining secrecy must be taken into account.
1 After the closure of the approval procedure for the plans, an estimation procedure shall be opened, if necessary, before the Committee of Estimate, in accordance with the LEx 1 . Only the claims that have been filed are taken into consideration.
2 The approval authority shall forward to the Chairman of the Commission an estimate of the approved plans, the plan of expropriation, the table of expropriated rights and the claims that have been filed.
3 The chairperson of the estimate commission may authorize the shipment in advance when the decision to approve the plans is binding. The expropriating property is presumed to be seriously prejudiced if it does not benefit from the early possession. In addition, s. 76 LEx is applicable.
1 The appeal procedure is governed by the general provisions of the federal procedure. 2
2 The right of appeal is governed by the federal law applicable to the particular case. The cantons and municipalities concerned have the right to use them.
1 Repealed by c. 46 of the annex to the Act of 17 June 2005 on the Federal Administrative Tribunal, with effect from 1 Er Jan 2007 ( RO 2006 2197 1069; FF 2001 4000 ).
2 New content according to the c. 46 of the annex to the Act of 17 June 2005 on the Federal Administrative Tribunal, in force since 1 Er Jan 2007 ( RO 2006 2197 1069; FF 2001 4000 ).
1 The SPPD regulates the decommissioning of the Confederation Buildings that have been used for military purposes.
2 It concludes the contracts necessary for the decommissioning.
1 The communes and the inhabitants are obliged to provide accommodation to the troop and the animals of the army.
2 They receive fair compensation from the Confederation.
The communes shall make available free of charge:
1 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er Jan 2011 ( RO 2010 6015 ; FF 2009 5331 ).
1 For shooting exercises in the context of non-service shooting, as well as for the corresponding activities of shooting companies, the municipalities shall ensure the free use of the facilities. For troop-firing exercises, the facilities are available against the payment of compensation.
2 For the construction of shooting facilities, the DDPS may grant the municipalities the right of expropriation according to the LEx 1 , to the extent that this possibility is not provided for in cantonal legislation.
3 The DDPS shall lay down requirements for the location, construction and operation of facilities for shooting out of service, as well as on the facilities for the shooting companies. In this respect, it takes into account the requirements of security, the protection of the environment and nature and the landscape.
1 Landowners cannot oppose the use of their land for military exercises.
2 The Confederation is liable for damages in accordance with art. 135 to 143. ... 1 .
1 Phrase repealed by c. I of the 4 Oct PMQ. 2002, with effect from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
1 Without regard to the fault, the Confederation shall respond to the damage caused without the right to a third party by the military or by the troops when it results:
2 The Confederation does not respond to the damage when it proves that it is the result of a case of force majeure, the fault of the injured person or that of a third party.
3 Where liability for specific facts is provided for in other provisions, the latter shall govern the responsibility of the Confederation.
4 The aggrieved person cannot claim any claim to the member who caused the injury.
In so far as they cannot be covered by insurance, the Confederation responds to the inevitable damage caused to the land and to things, when they are a direct result of the activity outside the service of the company or associations and Military companies.
1 The member himself shall bear the damage resulting from the loss or deterioration of his personal objects. A fair compensation shall be paid by the Confederation where the damage is caused by an accident resulting from the service or as a direct consequence of the execution of an order.
2 In the event of a member's fault, the allowance may be reduced appropriately. In this respect, it is also necessary to consider whether, from the point of view of the service, it was appropriate to bring or use personal objects.
When the Confederacy is repairing damage, it may resort to the member who caused it intentionally or through gross negligence.
1 Members respond to the damage they cause directly to the Confederacy by violating their duty of service intentionally or by gross negligence.
2 They are responsible for their personal equipment, as well as equipment that has been assigned to the service and is responsible for loss and damage. They do not reply if they prove that they have caused the damage either intentionally or by a serious breach of their duty of service. The same shall be responsible for the members responsible for the organisation of the equipment service or for the control of the equipment.
3 The accountants and the bodies that control them are responsible for the service of the police station, the funds entrusted to them and their regulatory use, and they are liable for damage in these areas. They do not reply if they prove that they have caused it neither intentionally nor by a serious breach of their duty of service.
1 The formations are responsible for the equipment of the army entrusted to them. They respond to any loss or damage when those responsible cannot be identified. They do not respond when they prove that there was no fault on the part of their military. 1
2 A balance of pay may be made to cover the damage.
1 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er Jan 2011 ( RO 2010 6015 ; FF 2009 5331 ).
1 Art. 42, 43, para. 1, 44, para. 1, 45 to 47, 49, 50, para. 1, 51 to 53 of the Code of Obligations 1 Apply by analogy.
2 In determining the member's allowance, the nature of the service, the military conduct and the financial position of the person responsible must also be taken into account in an equitable manner.
3 In determining the allowance for training, the nature of the service and the circumstances of the case must also be taken into account fairly.
1 The procedure is governed by the Federal Act of 20 December 1968 on the administrative procedure 2 The Confederation shall bear the costs of the first instance proceedings; disbursements may, however, be borne by the unsuccessful party.
2 The responsibility for training (art. 140) is established in a simplified procedure.
3 The Federal Council shall designate the competent authorities within the meaning of this Law to deal, at first instance, with the contested pecuniary and administrative requests, formed by or against the Confederation.
4 The decisions of these authorities may be appealed to the Federal Administrative Court. 3
1 New content according to the c. I of the 4 Oct PMQ. 2002, effective from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
2 RS 172.021
3 New content according to the c. I of the PMQ of 19 March 2010, in force since 1 Er Jan 2011 ( RO 2010 6015 ; FF 2009 5331 ).
1 The action for compensation for damage directed against the Confederation shall be prescribed in one year from the day on which the injured person became aware of the damage, and in any case within five years of the harmful act.
2 The Confederation's claim in respect of military personnel or training shall be limited to one year from the day on which the Confederation became aware of the damage and the person required to repair it, and in any case within five years from the date of the act Harmful.
3 Where claims arise from criminal behaviour for which the criminal law provides for a longer limitation period, it is also applicable to them.
4 Art. 135 to 138 and 142 of the Code of Obligations 1 Shall apply mutatis mutandis when it is a matter of interrupting and invoking the requirement. Making a written submission of the right to repair with the RFSP must also be considered an interruptive act of the prescription.
1 The Federal Council shall lay down requirements regulating the establishment and movement of training services.
2 It designates, after consultation with the cantons, the administrative units of the Confederation and the cantons which decide on the requests for movement of the recruit school and the training services. 1
1 New content according to the c. I of the 4 Oct PMQ. 2002, effective from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
2 Repealed by c. I of the 4 Oct PMQ. 2002, with effect from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
Persons subject to military service may be provided with the support service and active service or on leave, in order to carry out important tasks in the civilian areas of national security cooperation. The Federal Council sets out the details.
The processing of sensitive data and personality profiles in the information systems and in the commitment of military and military administration surveillance assets is regulated by the Federal Law of 3 October 2008 on the Military information systems 1 .
Repealed
1 The DDPS administrative units may only provide commercial benefits to third parties if they meet the following conditions:
2 Commercial benefits are provided at prices which at least cover the costs calculated on the basis of cost accounting. The RFSP may authorize exemptions for certain benefits as long as this does not involve competition with the private sector.
The Federal Assembly shall issue the provisions of Art. 13, para. 6, 29, para. 2, 49, para. 3, 51, para. 2, and 93, para. 1 and 3, as well as the additional provisions of the military administrative procedure in the form of orders of the Federal Assembly.
1 New content according to the c. I of the 4 Oct PMQ. 2002, effective from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
The Federal Council may make available military installations and equipment for international peace promotion measures. 2 For such purposes, it may support, create or associate legal persons with private law.
1 Introduced by ch. I of the PMQ of 20 March 1998, in force since 1 Er March 1999 ( RO 1999 1153 ; FF 1998 537).
2 New content according to the c. II 8 of the 6 Oct LF. 2006 on the reform of the financial equalization and division of labour between the Confederation and the cantons (RPT), in force since 1 Er Jan 2008 ( RO 2007 5779 ; FF 2005 5641 ).
1 The Federal Council periodically reviews whether the objectives assigned to the military are being met; it sends a report to the Federal Assembly. The relevant parliamentary committees shall determine its form and content.
2 The Federal Council shall consult the relevant parliamentary committees before making any fundamental changes in the fields of training, commitment or organisation of the armed forces.
1 Introduced by ch. I of the 4 Oct PMQ. 2002, effective from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
1 The Federal Council shall issue the necessary enforcement orders.
2 It lays down the rules of service and, in particular, defines the rights and duties of the military.
3 It may give the DDPS the authority to lay down requirements for safeguarding military secrets.
4 It may conclude agreements with foreign states for the maintenance of military secrecy. 1
1 Introduced by ch. I of the 4 Oct PMQ. 2002, effective from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
1 The Federal Council may conclude international conventions to settle legal and administrative matters arising out of the temporary dispatch of Swiss soldiers abroad or the temporary stay of foreign military personnel in Switzerland.
2 It may derogate from the law in force in the following areas:
1 Introduced by ch. I of the 6 Oct LF. 2000, in force since 1 Er Seven. 2001 ( RO 2001 2264 ; FF 2000 433 ).
1 The Federal Council is gradually introducing the new army organisation after the entry into force of the amendment of 4 October 2002 2 It rules for a transitional period of five years, in particular:
2 The Federal Council may, for imperative reasons, derogate from this Act by order in the areas referred to in para. 1.
1 New content according to the c. I of the 4 Oct PMQ. 2002, effective from 1 Er Jan 2004 ( RO 2003 3957 ; FF 2002 816 ).
2 RO 2003 3957
1 to 6, 8 and 13 to 15 ... 1
Repealed
Repealed
Repealed
Repealed
Repealed
1 The amendments can be consulted at the RO 1995 4093.
2 [RS 5 3; RO 1948 417, 1949 1595 art. 1 to 3, 5 let. A to d, 1952 335 342 art. 2, 1959 2097 art. 48 al. 2 let. D, 1961 237, 1968 73 ch. I, III, 1970 46, 1972 909 art. 15 hp. 3, 1975 11, 1979 114 art. 72 let. E, 1984 1324, 1990 1882, 1991 1412 857 appendix c. 10, 1992 288 Annex c. 20 2392 ch. I 2 2521 art. 55 ch. 3, 1993 901 Annex c. 5 3043 Annex c. 2, 1994 1622 art. 22 al. 2. RO 1995 4093 Annex, c. 7].
3 [RS 5 295]
4 [RS 5 304]
5 [RS 5 383; 1949 43 art. 1 Er ]
6 [RO 1961 1173, 1986 696, 1990 1882 appendix c. 6]