Swearing in (Switzerland)
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The Swiss legal system provides for various persons to be sworn in (sometimes also called pledging ). Instead of the oath, a vow without religious elements can also be taken.
Swearing in of the bearers of federal public offices
In accordance with Article 3 of the Parliament Act , the members of the Federal Assembly and the persons elected by the Federal Assembly (namely the members of the Federal Council , the Federal Chancellor , the Federal Judges and, in the event of war, the General ) take the oath or vow . Those who refuse renounce their office.
The oath reads: "I swear before God Almighty to observe the constitution and the laws and to conscientiously fulfill the duties of my office."
The vow reads: "I pledge to observe the constitution and the laws and to conscientiously fulfill the duties of my office."
Swearing in of the bearers of public offices in the cantons
The cantons regulate which of the bearers of their public offices are to be sworn in.
Canton | Oath / vow formula | To be sworn in |
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Verifiers and persons who measure goods according to federal regulations | |
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"I pledge and swear to respect the rights and freedoms of the people and citizens, to strictly observe the constitution and constitutional laws and to fulfill the duties of my office faithfully and conscientiously, so help me God!"
"I vow on my honor and my conscience to respect the rights and freedoms of the people and citizens, to strictly observe the constitution and constitutional laws and to faithfully fulfill the duties of my office!" |
Members of the Grand Council |
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"You swear / you vow to respect the rights and freedoms of the people, to obey the constitution and the laws and to conscientiously fulfill the duties of your office." | Persons to be sworn in by the cantonal council, members of the municipal parliament, the municipal council, the accounting commission and the municipality clerk |
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Members of the Cantonal Council:
«I swear to follow the constitution and laws of the canton faithfully, to respect the freedoms and rights of the people, to promote the honor and benefit of the country and to avert its damage and in general to fulfill the duties of my office faithfully and conscientiously, so true God help me. " "I vow to apply the canton's constitution and laws faithfully, to respect the freedoms and rights of the people, to promote the honor and benefit of the country and to avert its damage and, in general, to fulfill the duties of my office faithfully and conscientiously." Members of the municipal authorities: «I swear to fulfill my duties according to the constitution, law, ordinance and instructions of the superior authorities, conscientiously, secretly and without regard to the person, not to accept gifts either directly or indirectly and to do everything that may serve the common good. » Members of the police corps: «I swear / I vow to respect the constitution and the laws, to obey the government of the canton of Schwyz and the superiors, to fulfill my duties without regard to the person, incorruptible, to the best of my knowledge and belief, to strictly adhere to the truth adhere to respect and protect the rights of the citizen, to be concealed about official activities and perceptions and to fulfill my tasks with all their might. " |
Members of the canton council, district councilors and municipal presidents, members of the police force, hunting managers and game rangers |
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"I swear or I pledge to follow the constitution and laws of the canton faithfully, to promote the country's honor and welfare to the best of my ability and to avert damage and to conscientiously fulfill the official duties assigned to me." | Members of the Cantonal Council and the Government Council |
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«I pledge and swear to strictly observe the Constitution and the constitutional laws, to respect the rights and freedoms of the people and citizens, and to faithfully and conscientiously fulfill the rules and duties of my office, as true as I ask that God help me . "
"I vow to strictly observe the constitution and constitutional laws, to respect the rights and freedoms of the people and citizens, and to faithfully and conscientiously fulfill the regulations and duties of my office." |
Members of the district administration, public prosecutors, youth attorneys, court clerks, police officers, cantonal hunting, fishing and forestry officials and game rangers and the forest rangers |
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«I swear to follow the constitution and the laws of the federal government and the canton faithfully, to respect and protect the rights and freedoms of the people, to promote the honor and welfare of the canton and to comply with all official duties in such a way that I can God can answer. " "I vow to faithfully follow the constitution and the laws of the federal government and the canton, to respect and protect the rights and freedoms of the people, to promote the honor and welfare of the canton and to conscientiously fulfill all official duties." |
Members of the Cantonal Council, members and substitute members of the judicial authorities, |
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Authority members in general: "I swear that I will faithfully obey the Constitution and the laws, respect the rights of the people and conscientiously carry out the duties of my office, so help me God." "I promise, in my honor and conscience, that I will faithfully follow the constitution and the laws, respect the rights of the people and conscientiously fulfill the duties of my office." Mediators: «I swear or I promise on my honor and my conscience: a) To carry out my task in compliance with the law, with honesty, competence and humanity; b) to maintain the independence associated with my task; c) in the process not to exert any pressure on the parties to obtain their consent to an agreement that would not have been freely negotiated; d) to ensure that those involved in the conflict enter into a voluntary and prudent agreement; e) not to intervene in the proceedings in any way once my task has been completed; f) to preserve the confidential nature of the mediation; g) to observe the professional rules. " |
Members of the local council and the general council (local parliaments), gamekeepers-fisheries inspectors, police officers, mediators, employees of the Freiburg prison |
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«The newly elected councilors and judges should swear or vow to act and judge faithfully and conscientiously according to the laws of the country in all the duties and legal matters assigned to them by the constitution, and to protect and protect everyone in the law regardless of person. But so that everyone can and should be able to explain his opinion with his conscience without reserve, they also swear: to abstain from any statement in council and court hearings which would harm and harm the country or which would expose individuals to envy and hatred for the sake of their given opinion could. " - “I understood that what was read to me; I want to keep that true and always, faithfully and without any danger, as much as I wish and ask that God help me. " |
Municipal presidents, members of the municipal council, members of the business audit committee, members of the municipal parliament |
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Governing Landammann:
«In the name of the Trinity. Amen. Everyone who has to swear an oath should consider what a serious and responsible matter this is. He has to hold up the three oath fingers, which remind him of the three divine persons to whom he swears. If someone were so unscrupulous as to swear a false oath, perjury or something that he had sworn and sworn not to keep afterwards, he should know that he was committing one of the most serious crimes. Whoever knowingly swears wrongly calls on God to witness the lie, despises God's justice and is guilty of terrible punishments, in this life and in the next. First of all, the governor should swear to promote the honor of God, as well as the land's utility and honor and to reverse the damage, to protect widows and orphans and otherwise male and to want to help to the right as well as he can and approximately can, to everyone judge as he is commanded, according to the rights as his conscience shows him, neither for the sake of values, friendships, enmities nor other things, only according to the rights and for the reward that is set on them. Likewise, he should not take any special pension, donation or gifts from any prince or lord, because in the country bag. " - “I understood that as it was read to me and explained to me. I want to keep this true and always, faithfully and safely. So I ask that God and the saints help me. Amen." Country people (members of the rural community ): «Likewise, the country folk should swear in turn to promote the honor of God, the honor of the governor and the benefit and honor of the land and to reverse the damage and to protect an ammann and his judgment and advice, to be obedient to the ammann and his messengers, for what purpose everyone is asked to keep it and do something to the best of his ability. The country folk should also take the oath and swear that they do not want to take any special pension, gifts, rent or gifts from any prince or lord, except in the country bag. " - “I understood that, as it was read to me and explained to me. I want to keep this true and always, faithfully and safely. So I ask that God and the saints help me. Amen." |
Governing Landammann and country people |
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Members of the Cantonal Council:
«You will vow and swear to carry out the duties which your office imposes on you with all conscientiousness and loyalty, regardless of the person, to promote public welfare to the best of your ability, just as you answer to God and your conscience may. " - «What was read to me, I swear to do and to keep, so help me God.» "I vow to fulfill the duties imposed by my office with all conscientiousness and loyalty, regardless of the person, to generally promote public welfare to the best of my ability." (The vow is made in writing.) Other people: «You will swear: to abide by the constitution and laws, to fulfill the duties of your office with all conscientiousness, regardless of the person, to accept neither money nor gifts, be it direct or indirect, and to promote public welfare to the best of your ability , honestly, faithfully and without wrongdoing, just as you can answer for it before God and your conscience. " «You are vowed: to keep the constitution and laws faithfully, to fulfill the duties of your office with all conscientiousness, regardless of the person, to accept neither money nor gifts, be it direct or indirect, and to promote public welfare to the best of your ability , honest, loyal and without falsehood, just as you can answer to your conscience. " |
Members of the Cantonal Council, authorities and civil servants from the state and municipalities, the members of the authorities elected by the Cantonal Council and the magistrates |
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"As the President-elect of the Grand Council (as elected members of the Grand Council), you swear to God that you will fulfill all of your duties to the best of your knowledge and belief."
"As the elected President of the Grand Council (as elected members of the Grand Council), you vow to fulfill all of your duties to the best of your knowledge and belief." "As a patented notary you swear to God (pledge) that you will fulfill all of your office duties to the best of your knowledge and belief." |
Members of the Grand Council, notaries |
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MPs:
«I swear by the name of God Almighty to be faithful to the Constitution of the Canton of Valais, to honor the rights, freedom and independence of the people and citizens, to avoid and prevent everything that is our religion to the best of my ability Fathers and morality, to administer the office I hold to the best of my conscience and never to exceed my authority. May God help me fulfill these obligations. " «I promise, in my honor and my conscience, to be faithful to the constitution of the canton of Valais, to honor the rights, freedom and independence of the people and citizens, to avoid and prevent anything that is commonplace to the best of my ability could interfere with administering the office I hold to the best of my knowledge and never exceeding my official powers. " Members of the judicial authorities: «I swear to exercise the offices entrusted to me to the best of my knowledge. I swear by the name of God, just as I want him to stand by me in my last moment. " "I solemnly promise to exercise the offices entrusted to me to the best of my knowledge." Notaries: "I chore [sic] in the name of God / In my honor I promise to conscientiously practice the profession of notary [sic] entrusted to me, to strictly observe the law and to fulfill the duties assigned to me with all dignity, accuracy and sincerity." Police officers: «I swear by the name of God, or I solemnly promise to remain faithful to the Constitution, to obey my superiors in official matters, to faithfully perform all the duties imposed on me by the laws and regulations relating to my ministry, to the secrets entrusted to me to maintain, to display unconditional integrity in the exercise of my office and to use the power assigned to me only to maintain order and enforce the law. " |
Naturalized persons, members of parliament and substitutes of the Grand Council, judges, public prosecutors, notaries, police officers, sealers, wildlife protection and forest officials, |
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Swearing in in the army
In contrast to soldiers in many other countries, members of the Swiss Army are only sworn in during active service (roughly equivalent to the German defense case ). The swearing-in takes place in front of a civil representative of the state government.
Modern formula of oath
Chapter 2, sections 7 and 8 of the Swiss Armed Forces Service Regulations determine the occasion and form of the swearing-in of the troops:
7. Swearing in active service
In active service , members of the army affirm their readiness to fulfill their military duties with the oath .
When taking the oath, a member of a civil authority or a commanding officer represents the Federal Council .
The representative of the Federal Council or the commander of the troops to be sworn in reads the Federal Council's message, in which the call for active service is justified.
The representative of the Federal Council then speaks the oath sentence by sentence. Those to be sworn in repeat them sentence by sentence.
Those who do not swear take the vow instead .
8. Oath / Vow
"I swear / I promise,
- to serve the Swiss Confederation with all your might;
- To valiantly defend the rights and freedom of the Swiss people;
- to fulfill my duties at the risk of my life;
- to remain loyal to one's own troops and to stick together in camaraderie;
- to comply with the rules of international martial law . "
Earlier formula of the oath
The formula valid in the army in 1958 was, after reading out the oath articles of the service regulations, as follows:
«The officers, NCOs and soldiers swear or pledge:
- To be loyal to the Confederation;
- to sacrifice life and limb for the defense of the fatherland and its constitution;
- never to leave the flag;
- faithfully obey military laws;
- to obey orders from superiors punctually and precisely;
- to observe strict discipline and to do everything that the honor and freedom of the fatherland require. "
"I swear." - «I promise.»
See also
- Swearing in
- Swearing in in the Austrian Armed Forces
- Pledge in the German Bundeswehr
literature
- Thomas P. Hodel: The political oath in Switzerland with special consideration of the federal government (= Zurich studies on public law. Vol. 111). Schulthess, Zurich 1993, ISBN 3-7255-3074-2 (also: Zurich, University, dissertation, 1992).
- Diego Hättenschwiler, Art. 3 , in: Parliamentary Law and Parliamentary Practice of the Swiss Federal Assembly, Commentary on the Parliamentary Act (ParlG) of December 13, 2002 / Martin Graf, Cornelia Theler, Moritz von Wyss (eds.); Hebling Lichtenhahn Verlag, Basel 2014, ISBN 9783719029753 , p. 35 ff.
Individual evidence
- ^ Ordinance on metrology (1991)
- ↑ Rules of Procedure of the Grand Council (2014)
- ↑ Rules of Procedure of the Cantonal Council (1977)
- ↑ Municipal Law (2005)
- ^ [Rules of Procedure for the Cantonal Council of the Canton of Schwyz] (1977)
- ↑ Government council resolution on the official registration and swearing in of district and municipal authorities (1974)
- ↑ Service regulations of the canton police (2001)
- ↑ Hunting and Game Protection Act (1972)
- ↑ Law on the Cantonal Council (2006)
- ↑ District Council Ordinance (1994)
- ↑ Law on Human Resources (2002)
- ↑ Cantonal Council resolution on the rules of procedure for the Cantonal Council (1933)
- ↑ Law on the Organization of Civil and Criminal Justice
- ↑ Law on Municipalities (2018)
- ↑ Law on Hunting and the Protection of Wild Mammals and Birds and Their Habitats (1997)
- ↑ Law on the Cantonal Police (1992)
- ^ Ordinance on mediation in civil, criminal and juvenile criminal matters (2011)
- ↑ Law on the execution of sentences and measures (2018)
- ↑ Ordinance on the sworn authority members of the municipalities (2019)
- ↑ Ordinance on the Landsgemeinde and the municipal assemblies (1924)
- ↑ Business Regulations of the Cantonal Council (1980)
- ↑ Swearing-in Ordinance (1985)
- ↑ Rules of Procedure of the Grand Council (2006)
- ↑ Notarial Law (2005)
- ^ Law on Valais Citizenship (1995)
- ^ Regulations of the Grand Council
- ↑ Law on the Administration of Justice (2001)
- ↑ Regulations on the Notaries Act (2006)
- ↑ Law on the Canton Police (1955)
- ↑ Implementing Act to the Federal Act on Metrology (2006)
- ↑ Law on Hunting and Protection of Wild Mammals and Birds (1991)
- ↑ Service regulations
- ↑ Source: Soldiers ' Book, Eidg. Militärdepartement, 2nd edition 1959, p. 11