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ABOUT THE AUTHOR

Konrad Häuptli graduated from the University of Berne, qualified as an attorney-at-law and was admitted to the Bar of the Canton of Berne. He joined HSBC in 2002 after working with Swiss Re for over 20 years. He then went on to work for KENDRIS in 2016 after retiring as former CEO of HSBC’s Trust Companies in Switzerland. Konrad Häuptli is a member of the Advisory Board of the Swiss Association of Trust Companies (SATC) and is also a member of mixed expert groups representing SATC. He has been managing family assets and has been involved in entrepreneurial activities, board assignments as well as private equity investments.
Federal Constitution Act: 25-year jubilee

The case

On 1 January 2000 the current version of the Federal Constitution Act entered into force.

The commentary

The existing Constitutional Act was written in a comprehensible manner, i.e. it is clearly structured and comprehensive, and includes unwritten constitutional law as well as new laws whereas a series of outdated laws were eliminated.

Selection of new features in the current Federal Constitution Act (version 2000):

Art. 8 Abs. 2 Diskriminierungsverbot; Art. 48, 56 Abschaffung der generellen Genehmigungspflicht für Staatsverträge der Kantone mit anderen Kantonen oder dem Ausland; 53 Abs. 3 Abschaffung des obligatorischen Referendums bei Gebietsveränderungen zwischen Kantonen;  Art. 58 Verankerung des Milizprinzips der Armee auf Verfassungsstufe; Art. 63 Bund erhält neue Kompetenzen im Bereich der Berufsbildung; Art 69 Bund erhält Kompetenz zur Förderung der Kultur; Art. 70 Bund erhält Auftrag zur Unterstützung von mehrsprachigen Kantonen; Art. 143 Aufhebung des Ausschlusses der Geistlichen vom passiven Wahlrecht für den National- und Bundesrat; Art. 151 Neuregelung bezüglich der Einberufung von ausserordentlichen Sessionen der Bundesversammlung; Art. 155 Parlamentsdienste sind neu der Bundesversammlung unterstellt; Art. 163 Vereinfachtes System der Erlassformen der Bundesversammlung (der allgemeinverbindliche Bundesbeschluss entfällt); Art. 170 Bundesversammlung ist dafür verantwortlich, dass die Wirksamkeit der Massnahmen des Bundes evaluiert werden.

For English version please click on link for the fully revised translation.

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