1Bund und Kantone sorgen für eine ausreichende Strasseninfrastruktur in allen Landesgegenden.
2Der Bund stellt die Errichtung eines Netzes von Nationalstrassen und dessen Benutzbarkeit sicher. Er baut, betreibt und unterhält die Nationalstrassen. Er trägt die Kosten dafür. Er kann die Aufgabe ganz oder teilweise öffentlichen, privaten oder gemischten Trägerschaften übertragen.
Art. 83 BV regulates the responsibilities of the Confederation and cantons for road infrastructure in Switzerland. Paragraph 1 obliges the Confederation and cantons jointly to ensure that adequate road infrastructure exists in all regions of the country. This provision is a political mandate without legally enforceable claims (BSK BV-Kern, N. 8). Paragraph 2 transfers exclusive competence for the national road network to the Confederation.
All road users travelling on Swiss roads are affected. Since 2008, the Confederation has been fully responsible for national roads, having previously shared this task with the cantons (NFA reform, BBl 2001 2291). The cantons remain responsible for all other roads. Private companies may be entrusted by the Confederation with operational tasks.
Art. 83 BV does not give rise to individual legal claims for new roads or better development (BSK BV-Kern, N. 13). However, the provision establishes a clear division of competences: the Confederation alone plans, builds, operates and maintains the national roads. It bears all costs for this. For national road projects, a comprehensive balancing of interests must be carried out, including all constitutional goods (BGE 119 Ib 458 E. 6a).
The second Gotthard tunnel illustrates the tension between road construction and environmental protection. In 2016, the people approved the project, although critics saw a violation of alpine protection. The Confederation argued with the guarantee obligation under Art. 83 BV and safety aspects (Kern, BSK BV, Art. 83 N. 10). The project illustrates the political dimension of road construction competence.
Joint guarantee obligation: The Confederation and cantons jointly ensure adequate road infrastructure in all regions of the country (Art. 83 para. 1 BV)
Exclusive federal competence: Since the NFA reform in 2008, the Confederation has been fully responsible for national roads (Art. 83 para. 2 BV, BBl 2001 2291)
Full cost assumption: The Confederation bears all costs for construction, operation and maintenance of national roads (Art. 83 para. 2 sentence 3 BV)
No legal claim: The constitutional provision does not give rise to individual claims for new roads or higher development standards (BSK BV-Kern, N. 13)
Delegation possibility: The Confederation may delegate tasks to public, private or mixed entities, but remains responsible (Art. 83 para. 2 sentence 4 BV)
N. 1 Art. 83 Federal Constitution was introduced in the course of the total revision of the Federal Constitution in 1999 and replaced the old provision of Art. 36ter old Federal Constitution (AS 1958 770). The provision codified the federal competence for national roads that had already existed since 1958, which originally went back to a constitutional amendment of 6 July 1958 (BBl 1958 I 1165, 1170). The constitutional article, together with the National Roads Act of 8 March 1960 (NSA, SR 725.11), forms the basis for the Swiss national roads network.
N. 2 The total revision of 1999 brought no material changes compared to Art. 36ter old Federal Constitution. The Federal Council's message on the new Federal Constitution stated that the federal competence for national roads should be adopted unchanged (BBl 1997 I 1, 252). The wording was merely modernised linguistically and systematically integrated into the section on Public Works and Transport.
N. 3 With the restructuring of fiscal equalisation and the division of tasks between the Confederation and the cantons (NFA) as of 1 January 2008, the Confederation assumed full responsibility for the national roads. This meant a disentanglement of the competences previously shared between the Confederation and the cantons (BBl 2001 2291, 2365). The cantons were relieved of their co-financing obligation, while the Confederation assumed sole responsibility for planning, construction, operation and maintenance.
N. 4 Art. 83 Federal Constitution is located in Title 3 on the Confederation, Cantons and Communes, in Chapter 3 on the Competences of the Confederation and belongs to Section 7 on Public Works and Transport. The provision is in close systematic connection with Art. 82 Federal Constitution (Road traffic), Art. 84 Federal Constitution (Trans-alpine transit traffic) and Art. 86 Federal Constitution (Tax on fuels).
N. 5 The road competence of the Confederation under Art. 83 Federal Constitution is an exception to the principle of cantonal road construction sovereignty. While the cantons are generally responsible for all roads, Art. 83 Federal Constitution establishes an exclusive federal competence for national roads. This systematic position underlines the character of national roads as a federal task of national importance (Kern, BSK BV, Art. 83 N. 5).
N. 6 Art. 83 Federal Constitution must also be read in the context of environmental law provisions, particularly Art. 73 Federal Constitution (Sustainability), Art. 74 Federal Constitution (Environmental protection) and Art. 78 Federal Constitution (Protection of nature and cultural heritage). Case law has repeatedly emphasised that national road projects require a comprehensive balancing of interests including all relevant constitutional goods (BGE 119 Ib 458 E. 6a; BGE 135 II 238 E. 3.2).
N. 7Paragraph 1 establishes a joint responsibility of the Confederation and cantons for adequate road infrastructure "in all regions of the country". This guarantee obligation is of a programmatic nature and does not create subjective legal claims (Kern, BSK BV, Art. 83 N. 8). The indeterminate legal concept "adequate" gives the authorities considerable discretion (Häfelin/Haller/Keller/Thurnherr, Schweizerisches Bundesstaatsrecht, 10th ed. 2020, N 1285).
N. 8 The wording "in all regions of the country" refers to the constitutional goal of basic services and is connected with Art. 2 para. 2 Federal Constitution (balanced development) as well as Art. 35 para. 2 Federal Constitution. It obliges the Confederation and cantons to consider peripheral regions in road planning (Griffel, Verkehrsverfassungsrecht, in: Müller [ed.], Schweizerisches Bundesverwaltungsrecht, Vol. IV, 2008, p. 27).
N. 9Paragraph 2 sentence 1 establishes the exclusive federal jurisdiction for the national roads network. The concept "network" implies a connected system of roads of national importance. The concrete design is made by the network decree of the Federal Assembly according to Art. 11 NSA. The authorities are bound by this network decree (BGE 119 Ib 458 E. 6a).
N. 10Paragraph 2 sentence 2 concretises the federal responsibility through the triad "construct, operate and maintain". This comprehensive competence includes planning, project development and financing (Häner, Strassenrecht, in: Müller [ed.], Schweizerisches Bundesverwaltungsrecht, Vol. IV, 2008, p. 180). Operation also includes traffic management and safety measures on national roads.
N. 11Paragraph 2 sentence 3 establishes the full cost-bearing obligation of the Confederation. This financing responsibility flows from the exclusive substantive competence and distinguishes national roads from other infrastructure tasks with shared financing (Rhinow/Schefer/Uebersax, Schweizerisches Verfassungsrecht, 3rd ed. 2016, N 3285).
N. 12Paragraph 2 sentence 4 enables the transfer of tasks to "public, private or mixed entities". This delegation possibility allows public-private partnerships and the involvement of private actors, whereby responsibility remains with the Confederation (Kern, BSK BV, Art. 83 N. 14). The transfer typically occurs through performance agreements according to Art. 49a NSA.
N. 13 Art. 83 para. 1 Federal Constitution does not create an enforceable duty to expand the road network. The provision creates neither subjective rights nor a claim to certain expansion standards (Kern, BSK BV, Art. 83 N. 12 f.). Rather, it is a constitutional mandate that leaves the political authorities wide discretion.
N. 14 Art. 83 para. 2 Federal Constitution, however, establishes an exclusive federal competence with the following legal consequences: The Confederation alone is responsible for planning, construction, operation and maintenance of national roads. The cantons no longer have their own competences, but are obliged to participate in planning (Art. 11 ff. NSA). They can also be entrusted with operational tasks (Art. 49a NSA).
N. 15 The financing responsibility of the Confederation is comprehensive. The Confederation bears all costs for the creation and operation of national roads, including costs for land acquisition, expropriation compensation and replacement measures (Griffel, Verkehrsverfassungsrecht, 2008, p. 42 ff.). Financing occurs primarily through the special financing for road traffic according to Art. 86 Federal Constitution.
N. 16 The delegation possibility under para. 2 sentence 4 does not change the responsibility of the Confederation. Even when tasks are transferred, the Confederation remains responsible for proper fulfilment and must exercise supervision (Schaffhauser, Grundriss des schweizerischen Strassenverkehrsrechts, Vol. 1, 2nd ed. 2002, N 156).
N. 17Scope of the guarantee obligation under para. 1: In legal doctrine, it is disputed to what extent Art. 83 para. 1 Federal Constitution establishes a duty to expand road infrastructure. While Kern (BSK BV, Art. 83 N. 8) emphasises that no substantive requirements can be derived from the constitutional provision, other authors hold the view that more concrete obligations may arise from the interplay with other constitutional provisions (SG Komm. BV-Lendi, Art. 83 N. 24).
N. 18Relationship to modal shift policy: The tension between road construction competence and modal shift policy under Art. 84 Federal Constitution is controversially discussed. Kern (BSK BV, Art. 83 N. 10) states that modal shift policy is not constitutionally required outside the Alpine region, but can be based on the interplay of constitutional provisions. Other authors see more far-reaching restrictions on road construction competence in Art. 73 and 74 Federal Constitution (Sollberger, Konvergenzen und Divergenzen im Landverkehrsrecht, 2003, p. 89).
N. 19Claim to expansion standards: It is disputed whether Art. 83 Federal Constitution creates a claim to a certain expansion standard for national roads. Kern (BSK BV, Art. 83 N. 12) denies a claim to the highest possible expansion and safety standard. In contrast, Lendi (SG Komm. BV, Art. 83 N. 24) argues that claims for improvements could indeed exist in cases of existing capacity bottlenecks.
N. 20Second tube at Gotthard: The constitutional admissibility of a second road tube at Gotthard was long disputed. While critics saw a violation of Art. 84 Federal Constitution (Alpine protection), supporters argued with the guarantee obligation under Art. 83 Federal Constitution. The Federal Supreme Court has not yet definitively clarified this question. The referendum of 28 February 2016 approved the second tube for safety reasons (Kern, Zwischen Alpenschutz und freiem Verkehr, AJP 2012, 1285 ff.).
N. 21 In the planning of national road projects, an early and comprehensive balancing of interests must be undertaken. The Federal Administrative Court requires a "comprehensive consideration of the overall situation" including all affected public and private interests (Judgment A-5466/2008 of 3.6.2009 E. 4.3; Judgment A-5843/2022 of 23.6.2023 E. 7.2).
N. 22 The environmental impact assessment (EIA) is mandatory for all major national road projects. Noise protection, air quality control and nature conservation must be particularly considered. The Federal Supreme Court has clarified that a complete EIA must be conducted even for constitutionally anchored infrastructure projects (BGE 119 Ib 458 E. 8d).
N. 23 When transferring operational tasks to third parties according to para. 2 sentence 4, clear performance agreements must be concluded. Responsibility for ensuring traffic safety and compliance with environmental regulations remains with the Confederation. FEDRO has issued corresponding guidelines (FEDRO Guideline 16010).
N. 24 Expropriations for national road projects are carried out under the Expropriation Act. It should be noted that land acquisition for real replacement for affected farmers counts as a public task and therefore does not trigger an agricultural right of pre-emption (BGE 90 II 62). In land readjustment procedures, cantonal procedures must be coordinated with national road law (BGE 97 I 715).
BGE 96 I 485 of 8 March 1960
First principles on cost allocation in national road construction. According to Art. 45 para. 1 NSG, costs of relocating PTT lines caused by national road construction are borne by the Confederation.
Fundamental for the constitutional allocation of powers between the Confederation and cantons regarding road infrastructure.
«According to Art. 45 para. 1 of this Act, the costs of relocating PTT utility lines caused by national road construction are also borne by the national road construction, unless otherwise agreed.»
#Allocation of Powers and Planning Responsibilities
BGE 106 Ib 26 of 29 May 1985
Clarification of responsibilities between the Confederation and cantons for national road connections. The planning of connections as components of national roads must be carried out exclusively based on the National Roads Act.
Central to understanding the federal allocation of powers under Art. 83 FC.
«The planning of connections as components of national roads must be carried out exclusively based on the National Roads Act.»
BGE 97 I 573 of 12 July 1971
Principles regarding the Federal Supreme Court's review authority for national road projects. Admissibility of administrative court appeals against final cantonal decisions on plans based on which land can be expropriated.
Important for judicial control of the exercise of federal powers under Art. 83 FC.
«Through administrative court appeal, it can be alleged that cantonal law was incorrectly applied instead of federal law.»
#Environmental Impact Assessment and Balancing of Interests
BGE 119 Ib 458 of 21 June 1993
Authorities' obligation to comply with the Federal Assembly's network decision for national road implementation projects. Traffic forecasts and accompanying measures as well as consideration of cantonal environmental protection law.
Shows the limits of EIA for constitutionally anchored infrastructure interventions.
«The cantonal objection authorities and the Federal Supreme Court are bound by the Federal Assembly's network decision.»
BGE 135 II 238 of 8 April 2009
EIA obligation when modifying existing EIA-subject installations using the example of noise remediation of a national road section. Inclusion of ASTRA guidelines for road tunnel ventilation.
Relevant for specifying federal responsibility for national roads under Art. 83 para. 2 FC.
«For noise remediation projects that are limited to the construction or raising of noise barriers on a section of a national road, no EIA is generally required.»
A-5466/2008 of 3 June 2009 (FAC)
Comprehensive consideration of the overall situation required for national road projects. Coordination with cantonal authorities regarding adaptation of the subordinate road network.
Specifies coordination obligations between the Confederation and cantons under Art. 83 FC.
«The project must include a comprehensive consideration of the overall situation and in particular coordination with the canton regarding the adaptation of the subordinate road network.»
A-2566/2019 of 19 May 2020 (FAC)
Full connection Alpnach South: Comprehensive balancing of interests between traffic safety and environmental protection for national road projects. Consideration of noise and air pollution.
Shows modern application of federal responsibility considering all constitutional values.
«The land use is justified by reasons of public interest in a functioning transport network and traffic safety.»
A-5843/2022 of 23 June 2025 (FAC)
National road N04 Küssnacht connection: Groundbreaking for balancing between federal competence for national roads and cultural landscape protection under Art. 104a FC. Comprehensive examination of various variants required.
Latest case law on specifying tensions in Art. 83 FC.
«Plan approval for a national road project requires comprehensive balancing of affected public and private interests. For the balancing of interests, the affected interests must first be identified.»
BGE 90 II 62 of 13 January 1964
Agricultural pre-emption right and national road construction: Acquisition of land by the state for the purpose of providing real compensation to those affected by national roads occurs in fulfillment of a public, charitable task.
Fundamental for the Confederation's financing responsibility under Art. 83 para. 2 FC.
«The acquisition of land by the state for the purpose of providing real compensation to farmers affected by national road construction occurs in fulfillment of a public, charitable task.»
BGE 97 I 715 of 3 November 1971
Relationship between land consolidation and expropriation proceedings in national road construction. Prerequisites for conducting subsequent expropriation proceedings.
Important for enforcing federal competence against property owners.
«The assessment commission cannot compel the works owner to initiate expropriation proceedings.»
BGE 97 I 718 of 3 November 1971
Removal of buildings in national road construction: Relationship between land consolidation and expropriation proceedings. Can the demolition of buildings be ordered in cantonal land consolidation proceedings?
Shows limits of cantonal participation in implementing Art. 83 FC.
«If expropriation proceedings are required, it must be decided in the assessment procedure whether adequate compensation is provided.»