Rs 131.212 Constitution Of The Canton Of Berne, June 6, 1993

Original Language Title: RS 131.212 Constitution du canton de Berne, du 6 juin 1993

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131.212 constitution of the canton of Berne on 6 June 1993 (State March 11, 2015) with the intention to protect the freedom and the law and to build a community in which all live together and are aware of their responsibility towards creation, the Bernese people gives the following Constitution: 1 principles General art. 1. the canton of Bern in the canton of Bern in the canton of Bern is a liberal, democratic and social constitutional State.
The power of the State belongs to the people. It is exercised by the electoral body and the authorities.

Art. 2 report with the Federal Government and the other cantons report with the Federal Government and the other cantons the canton of Bern is one of the States of the Swiss Confederation.
He cooperates with the Federal Government and the other cantons and sees itself as a link between the French-speaking Switzerland and the German-speaking Switzerland.

Art. 3 Canton canton Bern cantonal territory includes the territory is guaranteed by the Confederation.
It is divided into administrative regions, administrative districts, districts and municipalities.
Regional organizations may be created to accomplish specific tasks.

Accepted by popular vote on Sept. 24. 2006, in force since Jan. 1. 2010 warranty of the SSA. fed. June 12, 2008 (FF 2008 5263 art. 1 ch. 1 1265).

Art. 4 minorities minorities it takes account of the needs of the linguistic, cultural and regional minorities.
For this purpose, special skills can be attributed to these minorities.

Art. 5 Jura Bernese Bernese Jura a special status is recognized in the Bernese Jura is the administrative region in the Bernese Jura. This status should allow it to preserve its identity, to keep its linguistic and cultural peculiarity and to participate actively in the cantonal political life.
The canton is taking measures to strengthen the links between the Bernese Jura and the rest of the canton.

Accepted by popular vote on Sept. 24. 2006, in force since Jan. 1. 2010 warranty of the SSA. fed. June 12, 2008 (FF 2008 5263 art. 1 ch. 1 1265).

Art. 6 languages languages the french and German are the national languages and languages of the canton of Berne.
The official languages are: a. the french in the administrative region of the Bernese Jura; b. the french and German in the MSAR of the Seeland as well as in the administrative district of Biel/Bienne; c. German in other administrative areas, as well as in the Seeland administrative district.

The official languages of the administrative districts of the administrative region of the Seeland Commons are: a. the french and German in the communes of Biel/Bienne and level; b. German in other municipalities.

The canton and the communes may take into account specific situations resulting from the bilingual nature of the canton.
Anyone may write in the official language of its choice to the competent authorities for the whole of the canton.

Accepted by popular vote on Sept. 24. 2006, in force since Jan. 1. 2010 warranty of the SSA. fed. June 12, 2008 (FF 2008 5263 art. 1 ch. 1 1265).
Accepted by popular vote on Sept. 24. 2006, in force since Jan. 1. 2010 warranty of the SSA. fed. June 12, 2008 (FF 2008 5263 art. 1 ch. 1 1265).
Formerly al. 3 formerly al. 4 art. 7 right of city to City legislation regulates the acquisition and loss of the right of city cantonal and communal citizenship within the limits of federal law and subject to the principles defined below.
The communal right to city based cantonal freedom of the city.
Freedom of the city is refused to any person: a. was sentenced for a crime by a judgment entered into force or to anyone who was sentenced by a judgment entered in force in a custodial sentence of two years for an offence; b. benefits from social assistance benefits or has not repaid the perceived benefits. c cannot justify a good knowledge of one official language; d. cannot justify good knowledge of Swiss and cantonal institutions and their history; e. lacks a business permit.

No one can take advantage of the freedom of the city.

Accepted by popular vote Nov. 24. 2013, in effect since Dec. 11. 2013. guarantee of the SSA. fed. March 11, 2015 (FF 2015 2811 art. 1 ch. 1, 2014 8899).
Accepted by popular vote Nov. 24. 2013, in effect since Dec. 11. 2013. guarantee of the SSA. fed. March 11, 2015 (FF 2015 2811 art. 1 ch. 1, 2014 8899).
Accepted by popular vote Nov. 24. 2013, in effect since Dec. 11. 2013. guarantee of the SSA. fed. March 11, 2015 (FF 2015 2811 art. 1 ch. 1, 2014 8899).

Art. 8 homework duties any person is required to perform the duties entrusted by the Constitution and the law which is complies.
Every person is responsible for itself, assumes its responsibility to other beings humans and takes its share of responsibility to guarantee to future generations that they will also have the right to decide their future.

2 human rights, social rights, social goals 2.1 rights fundamental art. 9 dignity human dignity human dignity will be respected and protected.

Art. 10 equal rights equal rights equal rights is guaranteed. Discrimination due to race, color, sex, language, of origin, of the lifestyle and of religious or political beliefs, is absolutely prohibited.
Men and women are equal before the law. They are entitled to the same training, to equal pay for work of equal value as well as the same access to the public service and public training institutions.
The canton and the communes encourage the realization of de facto equality between the man and the woman.

Art. 11 protection against arbitrariness, protection of good faith Protection against arbitrariness, protection of good faith anyone is entitled to the protection against arbitrary action by the public authorities.
The protection of good faith is guaranteed.

Art. 12 the personality rights of personality rights is guaranteed personal freedom, in particular the right to physical and mental integrity and freedom of movement.
Torture and punishment and ill-treatment are absolutely prohibited.
Anyone is entitled to respect for his private life, from his home and his correspondence relationships it establishes through telecommunications.

Art. 13 marriage and other forms of life in common marriage and other forms of living together the right to marriage and family life is protected.
The freedom to choose another form of common life is guaranteed.

Art. 14 freedom of conscience and belief, freedom of conscience and belief, freedom of conscience and belief as well as its exercise are guaranteed.
It is absolutely forbidden to compel a person to a religious act or force him to profess his faith or philosophical beliefs.

Art. 15 freedom of freedom of language language freedom of language is guaranteed.

Art. 16 freedom of establishment freedom of establishment the free choice of the place of residence and the place to stay is guaranteed.

Art. 17 freedom of opinion and freedom of opinion and information information anyone may freely form his opinion, express it without restraint by speech, writing, and picture or another way.
Prior censorship is absolutely prohibited except under special legal relations.
Any person has the right to consult the official documents, as long as no public interest or private key does.

Art. 18 Data Protection data protection any person has the right to consult data that affect and to request the rectification of those that are inaccurate and the destruction of those that are inappropriate or unnecessary.
The authorities cannot treat personal data only if there is a legal basis and that these data are necessary and appropriate for the performance of their tasks.
They ensure that the data processed are accurate and they protect against abusive.

Art. 19 freedom of meeting and association freedom of meeting and association any person may freely organize a meeting or participate, create an association or to become a Member; No one may be forced into.
Law or a municipal regulation may submit to permit demonstrations on the public domain. Demonstrations will be allowed if an ordered sequence seems assured and the infringement of the interests of other users seems bearable.

Art. 20 petition right to petition any person has the right to petition the authorities and collect signatures for this purpose without incurring damage.
Any restriction of the right to individual petition is absolutely forbidden.
The competent authority reviews the petition and respond within a period of one year.

Art. 21 freedom of education, freedom of science, freedom of education, freedom of science the freedom of education and freedom of research are guaranteed.
People who are engaged in scientific activity, who research or teach, assume their responsibility for the integrity of the life of humans, animals, plants and their vital bases.

Art. 22 freedom of art freedom of art freedom of artistic expression is guaranteed.


Art. 23 economic freedom, economic freedom, free choice of profession and employment, the free economic activity, as well as professional association and Union rights are guaranteed.
Contractual freedom is, as an institution, intangible.

Art. 24 warranty of ownership right to property ownership is guaranteed and, as an institution, intangible.
Full compensation is due in case of expropriation or restriction of property equivalent to an expropriation.
The canton and the communes create conditions for a broad distribution of private land ownership, in particular so that it is used by the person who holds.

Art. 25 guarantees in case of deprivation of liberty safeguards in case of deprivation of liberty tie may be deprived of his freedom if it isn't in the cases and according to the forms established by law.
Any person deprived of liberty will be heard immediately, in a language he or she understands, this deprivation and reasons of the rights that belong to him. She has the right to inform his family as soon as possible.
Any person who, suspected of a crime, is apprehended by the police will be translated in a short period before a court that will hear it and will decide on the continuation of the deprivation of liberty. If the person is kept in detention, she has the right to be tried within a reasonable time or to be released.
Any person deprived of liberty has the right a. to be assisted by legal counsel and to communicate freely with him; (b) to review the legality of the deprivation of liberty by a court in a simple and fast procedure.

If the deprivation of liberty is unlawful or unjustified, the public community needs to the person who was victim the full reparation of the harm and possibly moral harm.
Any restriction to the guarantees of the al. 1 to 3 is absolutely forbidden.

Art. 26 protection legal Protection any person has an unassailable right to have his cause heard by independent, impartial judges and established by law.
The parties in any proceedings the right to be heard, to consult the record of their case and obtain a reasoned with indication of remedies within a reasonable time.
People without the necessary resources are entitled to free legal aid.
Any person is presumed innocent until convicted by a judgment entered into force of res judicata. In case of doubt, the decision will be favorable to the notified person.
It is absolutely forbidden to condemn a person for an act or omission which was not punishable at the time when it was committed.

Art. 27 scope of fundamental rights scope of fundamental rights fundamental rights must be made on the whole of the legal order.
Anyone who takes a public task must respect fundamental rights and contribute to their realization.
Human rights belong also to foreign persons unless federal law ruling out it.
Minors who are banned can, when they are capable of discernment, assert themselves the rights pertaining to their personality.

Art. 28 restrictions and essence of fundamental rights Restrictions and essence of rights fundamental any restriction of a fundamental right requires a basis in the law. The content, purpose and the scope of the restrictions will be determined with sufficient precision. Is for the case of a serious and imminent danger and clear, especially when are concerned the life and health of people human, the exercise of democratic rights or irreparable damage to the environment.
A fundamental right may be restricted only if the protection of a fundamental right of others or an overriding public interest warrant.
Any restrictions must be proportionate to the aim pursued.
The essence of fundamental rights is inviolable. It consists include guarantees that this Constitution declares intangible or which it prohibits absolutely any restrictions.

2.2 rights social art. 29. every person in need has the right to shelter, to the means necessary for a life in line with the requirements of human dignity as well as essential medical care.
Every child has right to be protected, assisted and mentored. He is entitled to a free education that matches his skills.
Victims of serious offences are entitled to assistance that allows them to overcome their difficulties.

2.3 goals social art. 30. the canton and the communes set the following goals: a. anyone can meet his needs by work performed under reasonable conditions, be protected from the consequences of unemployment, which cannot be imputed to him at fault and that it benefits paid vacation; b. that any person can stay to bearable conditions; c. women enjoy material security before and after childbirth; d. the conditions appropriate to supervision of children to be created and that families are supported in their task; e. the desires and needs of young people should be taken into consideration; f. that any person can form and develop according to his tastes and skills; g. any person in need of help for reasons of age, weakness, illness or disability to receive care and support sufficient.

The canton and the communes realize these goals in the context of available resources and in addition to the initiative and private responsibility.

3 public tasks 3.1 Protection of the environment, landscape and heritage art. 31 protection of Environmental Protection of the natural environment will be preserved and reorganized for present and future generations. State and private activities will affect him the least possible.
The natural bases of life can be put to use as their durability is guaranteed.
The canton and the communes protect human and natural environment against harmful or troublesome violations that are brought to them. The canton also protect against the potential dangers of genetic engineering and products derived.
The canton and the communes to protect the flora and fauna and their habitats.
The costs of environmental protection measures are generally put the responsibility of those who have made it necessary.

Art. 32 protection of the landscape and the Protection of the landscape and heritage heritage the canton and the communes measures, in cooperation with private organizations, to preserve landscapes and sites worthy of protection as well as natural monuments and cultural properties.

3.2 planning, building art. 33. the canton and the communes ensure the measured land use, the rational occupation of the territory and maintaining spaces of relaxation.
The planning and construction regulations meet the objectives of the cantonal development. The diverse needs of the population and economy as well as the requirements of the protection of the environment are taken into account.
The Township shall maintain a sufficient area of arable land.

3.3 transport, water, energy and waste art. 34 transport and road transport and roads the canton and the communes ensure that transport are safe and economic, environmental-friendly and energy-saving.
They encourage public transport and adoption of environment-friendly transport means.
The needs of non-motorised traffic are taken into account during the development of the road infrastructure.
In the exercise of the tasks which they are responsible, the canton and the communes take into account the effects on the evolution of the traffic.

Art. 35 water and energy supply, water and energy supply the canton and the communes ensure water supply.
They are taking measures to ensure environmental, economic and sufficient energy supply. They encourage the use of renewable energy.
They are working to promote a rational and economical water use and energy.

Art. 36 treatment of wastewater and waste purification of wastewater treatment and waste the canton and the communes strive to reduce attacks on the quality of water and purify wastewater without harming the environment.
They are taking steps to reduce the amount of waste and encourage recycling. They eliminate the non recyclable waste without harming the environment.

3.4 safety and public order art. 37. the canton and the communes ensure security and public order.

3.5 security social art. 38 social assistance social assistance the canton and the communes take care of people in need in collaboration with public and private organizations.
They encourage the provident and mutual aid, fight the causes of poverty and prevent social distress.
They can complement the benefits of Confederation.

Art. 39 work work

The canton and the communes are taking measures to prevent unemployment and to mitigate the consequences. They support the retraining and vocational rehabilitation.
The Township encourages safety in the workplace and the occupational medicine.
The canton and the communes do not take sides when the social partners resort to measures which are lawful.
They encourage measures that allow to combine professional activity with a management task.

Art. 40 housing housing the canton and the communes are taking measures in order to maintain low-income housing and improve the inadequate housing conditions. They encourage the construction of low-income housing.

3.6 health art. 41. the canton and the municipalities protect the health of the population and encourage preventive measures in this area. They ensure that medical and paramedical assistance is sufficient and economically bearable. They create the necessary institutions to that effect.
The canton guarantees employment effective and economic of public resources through the planning and sensible funding. He is coordinating with private institutions.
The canton and the communes encourage aid and home care. They support the effective measures for prevention of drug addiction.
The Township encourages alternative medicine.
He exercises supervision over the public and private institutions, the health professions and the pharmaceutical sector.

3.7 training and research art. 42 principles principles education helps develop harmoniously the physical, intellectual, creative, emotional and social abilities as well as a sense of environmental responsibility.
The canton and the communes assist parents in the education and training of their children.

Art. 43 schools schools the canton and the communes have kindergartens and schools. Teaching respect religious neutrality and political.
The canton and the communes can allocate subsidies to private schools that public tasks.
The canton rule monitoring on private schools and private education.

Art. 44 University and University technical colleges and universities a University and high special schools are maintained by the canton. They are at the service of the community.
They contribute to the development of scientific knowledge through teaching and research and provide services.

Art. 45. other tasks other tasks the canton and the communes support vocational training and training non professional adults.
The canton facilitates the formation by subsidies or other measures designed to promote equality of opportunity.
The Township encourages collaboration and coordination in the education system.

3.8 media art. 46. the canton supports the independence and diversity of information. The law regulates the secret of writing.

3.9 Sunday rest, culture and leisure arts. 47 rest Sunday Sunday Sunday and legal holidays are days of public rest.

Art. 48 culture Culture the canton and the communes facilitate access to cultural life. They encourage the creation and cultural exchange.
In this activity, they take into account the needs of all parts of the population and the cultural diversity of the canton.

Art. 49 leisure, sport and recreation, leisure, sport and relaxation Township and Commons support the wise organization of leisure and for sport and relaxation measures.

3.10 economy art. 50 General information General information the canton and the communes to create conditions for a competitive and balanced from the point of view of structural and regional economy.
They are designed to maintain a viable small and medium enterprises and keep a finely ramified retail network.

Art. 51 agriculture and forestry Agriculture and forestry the canton takes measures in favour of agriculture and forestry high-performance and environmentally friendly.
It supports family farms, favours direct exploitation by the owner and encourages close operating methods of natural processes.
It ensures the conservation of forests in their protective, economic and social functions.

Art. 52 enjoy enjoy sovereign rights of the canton are a. the treat of salt; b. the water regale; c. the treat of the mines, including the right to exploit geothermal energy; d. the good hunting and fishing.

Existing private rights are reserved.
Sovereign rights grant an exclusive right of use to the canton. It can grant this right to the Commons or to private individuals.

Art. 53 Kantonalbank canton cantonal bank operates a bank in order to encourage economic and social development. The cantonal bank supports the canton and the communes in the performance of their duties.

3.11 cooperation and help international art. 54. the Township participates in the cooperation between the regions of Europe.
It contributes to improving the economic, social and ecological situation prevailing in disadvantaged countries and supports humanitarian aid to populations in need. In this activity, it encourages respect for human rights.

4 political rights right to vote article 4.1 55 all the Swiss and all Swiss women who reside in the canton and are aged 18 or over have the right to vote in cantonal matters.
The law regulates the right to vote the Swiss and Swiss from abroad and the exclusion of the right to vote because of prohibition or incapacity of discernment.

4.2 Elections art. 56 Elections Elections the people elects a. the Grand Council; (b) the Executive Council; c. Bernese members of the national Council; d. Berne members of the Council of States.

The Bernese members of the Council of States are elected at the same time as those of the national Council and for the same period. The election is held according to the majority mode.

Art. 57 early general renewal early general renewal 30,000 citizens and citizens can request at any time the general renewal of the Grand Council or the Executive Council. The newly elected authority ends the term of office of the outgoing Authority.
The application is submitted to the popular vote within three months after filing. If the electoral body accepts it, the new elections are immediately ordered.

4.3 initiatives art. 58 scope scope an initiative may ask a. total or partial constitutional revision; (b) the adoption, the repeal or amendment of an act; c. disclosure or the opening of negotiations for the conclusion or modification of a treated intercantonal or international, when it is subjected to the voting optional or compulsory; (d) the development of a decree of the Grand Council submitted to the optional or compulsory voting.

The initiative succeeds if it is signed by 15,000 citizens and citizens in the space of six months. The total revision of the Constitution requires 30 000 signatures.
The initiative can be conceived in general terms or, unless she asks the total revision of the Constitution or the development of a decree of the Grand Council, take the form of a project written from scratch.

Art. 59 procedure Procedure - Executive Council adjudicates the result initiatives and the Grand Council on their validity.
An initiative will be entirely or partially voided if it a. violates the upper right; b. is unenforceable; c. does not have unity of the shape or the material.

The Grand Council definitively determines the legal form in which the project requested by an initiative designed in general terms will be developed.
The initiatives are considered without delay.

Art. 60 counter-proposal counter-proposal General Council may object a counter-proposal to an initiative drafted from scratch or a draft in order to realize an initiative designed in general terms.
Citizens express themselves simultaneously on the initiative and the counter-proposal. They can validly approved two projects and decide which is the one to which they give their preference if both are accepted.

4.4 voting art. 61 voting mandatory mandatory voting are necessarily subject to the vote popular a. constitutional revisions; b. the initiatives that the Council does not approve or to which he objects a counter-proposal; c. intercantonaux treaties and international treaties that derogate the Constitution; d. changes to the cantonal territory, with the exception of the border adjustments.

100 members of the Grand Council may decide the electoral body will necessarily adjudicate a project subject to optional referendum.

Accepted by popular vote on Sept. 22. 2002, in force since June 1, 2006. Guarantee of the SSA. fed. Sept. 24. 2003 (FF 2003 6299 art. 1 ch. 1-2999).

Art. 62 voting optional optional voting are also subject to popular vote, when it is requested.

a. laws; b. intercantonaux treaties and international treaties whose content deals with a subject which, in the canton, is subject to optional referendum; c. decisions by which the Grand Council stop unique spend more than two million francs or the periodic costs higher than 400,000 francs; d. the decrees of the Council relating to a concession; e. in principle orders; f. others arrested of the Grand Council who do not wear on a question of procedure, if required by law or if the Grand Council or 70 of its members so decide. The elections, judicial affairs, the management report and the budget are excluded.

The request for a popular vote must be signed by 10,000 citizens and citizens within three months following the publication of the draft.

Approved by referendum on Feb 24. 2008, in force since Jan. 1. 2008 SSA warranty. fed. Dec 18. 2008 (FF 2009 465 article 1 point 1, 2008 5497).

Art. 63 procedure Procedure a project submitted to the popular vote is accepted when he took the majority of the votes validly cast in the canton.
The Grand Council may attach an alternative project to any project subject to optional or compulsory voting. If the popular vote takes place, the electoral body to pronounce on the main project and the alternative project. If, in the case of voluntary voting, the popular vote is not required, the alternative project is obsolete.
10,000 citizens and citizens can propose a popular project within three months following the publication of a draft of law or order of principle if the Grand Council does not present itself an alternative project. The popular project is also set to apply for a popular vote on the draft of the Grand Council.
When an alternative project or a popular project is presented, the vote takes place according to the procedure applicable to an initiative with counter-proposal.

4.5 participation in the process of formation of opinion art. 64 procedures for consultation consultation Procedures anyone has the right to participate in the consultation procedures in order to give its opinion on the revisions to the Constitution, draft laws and other projects of general importance.
The views collected are available to the public.

Art. 65 political parties political parties political parties contribute to forming public opinion and the will.
The canton and the communes can support them in this task.

5 cantonal authorities 5.1 principles art. 66 separation of powers Separation of powers authorities are organized according to the principle of the separation of powers. No authority has the right to use the power of the State without control and unlimited.
Anyone who takes a public task is subject to the Constitution and the law.
The judicial authorities do not apply the cantonal legislative acts that violate the top right.

Art. 67 eligibility service eligibility, service reports citizens are eligible for the Grand Council, the Executive Council, the Council of States and the cantonal judicial authorities, insofar as the Constitution or the law does not provide for additional conditions.
The law regulates the conditions of eligibility of members of the other authorities and the conditions of appointment of the staff of the cantonal administration.
The service reports are governed by legislation.

Art. 68 incompatibilities, recusal incompatibilities, recusal may not simultaneously be members of the Grand Council. the members of the Executive Council; b. members of the cantonal judicial authorities; c. staff headquarters and decentralized township administration; d. people assuming others functions declared incompatible by law.

Members of a cantonal judicial authority may not simultaneously be members of the Executive Council, or belong to the cantonal administration.
It is forbidden to the members of the Executive Council to serve on the Federal Assembly.
As well as agents and officers of the cantonal authorities members recuse themselves when are dealt with Affairs that directly affect them.

Approved by referendum on Sept. 24. 2006, in force since Jan. 1. 2010 warranty of the SSA. fed. June 12, 2008 (FF 2008 5263 art. 1 ch. 1 1265).

Art. 69 delegation Delegation skills of the electorate can be delegated to the Grand Council and the Executive Council provided that the delegation should be limited to a specific area and is provided for by a law that fixed the frame. They cannot be delegated directly to any other authority.
The skills of the Grand Council can be delegated to the Executive Council under the same conditions.
The Executive Board may delegate his powers to other organs when the law empowers. It can delegate the powers of Directions without there be authorized by law.
Basic and important cantonal law standards are enacted in the form of the law. It is in particular standards for which the Constitution requires specifically the shape of the legislation as well as standards a. that set the outline of the legal status of individuals; b. that set the purpose of public contributions, the principle of their calculation and the circle of people who are subject, with the exception of the low emoluments; c. determine the goal the nature and the scope of cantonal important; d. benefits that set the outline of the Organization and the authorities; e. tasks that load a new sustainable task Township.

Art. 70 information Information the authorities are required to give the public sufficient information on their activities.

Art. 71 responsibility the canton and other organizations in charge of public tasks are responsible for the damage that their bodies have illicitly in the exercise of public power.
Other cases of liability are regulated by law. It also determines the responsibility of the authorities and cantonal staff.
The law sets the conditions the canton answered also damage that his organs were lawfully.

5.2 grand Council art. 72Composition, legislature membership, the Grand Council legislature consists of 160 members elected for a term of four years.

Accepted by popular vote on Sept. 22. 2002, in force since Jan. 1. 2006 SSA warranty. fed. Sept. 24. 2003 (FF 2003 6299 art. 1 ch. 1-2999).

Art. 73 Election Election the Grand Council is elected according to the proportional mode.
The law sets the cutting of the constituencies.
Mandates are allocated to constituencies proportionally the number of inhabitants. Twelve mandates are guaranteed for the electoral circle of the Bernese Jura. Equitable representation must be guaranteed during the minority of French language of the electoral circle of Biel-Seeland.
The seats are distributed among lists according to the party votes in the constituencies.

Accepted by popular vote on Sept. 22. 2002, in force since Jan. 1. 2006 SSA warranty. fed. Sept. 24. 2003 (FF 2003 6299 art. 1 ch. 1-2999).
Accepted by popular vote on Sept. 22. 2002, in force since Jan. 1. 2006 SSA warranty. fed. Sept. 24. 2003 (FF 2003 6299 art. 1 ch. 1-2999).
Accepted by popular vote from 30 nov. 2008, in force since Jan. 1. 2010 warranty of the SSA. fed. Dec 10. 2009 (FF 2009 8295 art. 1 ch. 1-5361) art. 74 legislative skills Grand Legislative Council enacts laws and decrees. The Act designates the provisions which will be specified by a decree.
The Grand Council approves a. treaties international, etb. the intercantonaux treaties that are not exclusively to the Executive Council.

Art. 75Planification planning the Grand Council Treaty the Government program of legislature, the plan included "mission-funding" and other basic plans concerning specific areas.

Accepted by popular vote of the 24 Feb. 2008, in force since Jan. 1. 2008 SSA warranty. fed. Dec 18. 2008 (FF 2009 465 article 1 point 1, 2008 5497).

Art. 76 financial skills financial skills. the Grand Board shall a. budget; b. the management report c. the proportion of tax; (d) the framework for a new debt; e. expenditures which are not within the competence of the Executive Council.

Approved by referendum on Feb 24. 2008, in force since Jan. 1. 2008 SSA warranty. fed. Dec 18. 2008 (FF 2009 465 article 1 point 1, 2008 5497).

Art. 77 skills electoral skills election the Grand Council elects a. Chairman or the Chairman of the great Council; (b) the President or the President of the Executive Council; c. the Chancellor or the Chancellor of State; (d) the President or the President of the supreme court and one or that of the Administrative Tribunal; e. the other members of the courts, to the extent where this jurisdiction is not assigned to the electorate; f. the Attorney general or the Attorney General.

The law can load it to elect other authorities.

Art. 78 monitoring monitoring the Grand Council oversight on the Executive Council and the management of the Supreme courts and supervision on the administration and other organizations of public tasks.

Art. 79. other skills other skills the Grand Council

a. debate and stop any object subject to the mandatory or optional vote; b. may exercise the rights of participation the Federal Constitution to the cantons; c. may give its opinion in federal consultations; d. rules on conflict of jurisdiction between the Supreme of the canton authorities; e. grant the amnesty and grace; f. .. .g. fulfills all of the other tasks entrusted by the Constitution or by law.

The law assigns jurisdiction to grant, modify, renew and transfer significant concessions to the Grand Council.

Repealed by referendum Sept. 25. 2005, with effect from June 1, 2006. Guarantee of the SSA. fed. June 18, 2007 (FF 2007 4689 art. 1 c. 1 581).

Art. 80 mandates to the Executive Council, arrested principle mandates to the Executive Council, arrested in principle the Grand Council can assign mandates to the Executive Council. The mandates covering an area citizen exclusively to the Executive Council have value of guidance.
The Grand Council may adopt tentative orders as part of its skills.

Art. 81 commissions and groups committees and groups the Grand Council may set up committees to prepare its deliberations.
It may delegate the competence to make decisions entrusted. However, he retains the power to evoke a particular case.
So that commissions can perform their duties, the law assigns them a special right to obtain information, access to documents and to conduct investigations.
Members of the Grand Council can set up groups.

Art. 82 status of members of the Grand Council status of members of the Grand Council members of the Grand Council deliberate and vote without instructions. Subject to professional secrecy, they make public the specific links them associated to private and public interests.
Expressing themselves freely in Parliament. They can be prosecuted only in cases provided by law.
They can file an initiative and the procedures specified in the Act.
They have, of the administration and within the framework set by the law, a special right to obtain information and access to documents. The Chairperson of the Council may at any time consult the records of the Executive Council.

Art. 83 status of the Council before the Grand status of the Council-Executive Council before the great Council - Executive Board has the right to submit any proposal to the Grand Council.
He attends the sessions of the Grand Council with advisory vote.
It can be represented by its members.

5.3 Executive Board art. 84 composition Composition - Executive Council consists of seven members.
A seat is guaranteed in the Bernese Jura. Is eligible any citizen and any citizen of French who resides in the district of Courtelary, La Neuveville and Moutier.

Art. 85 Election and term of Office Election and term of office election of the members of the Executive Council takes place according to the majority mode, at the same time as the ordinary general renewal of the Grand Council, and for the same period.
The cantonal territory all form a single electoral circle.
Subject to guaranteed seat in the Bernese Jura, are elected to the Executive Council, a. in the first round of voting, in order of the number of votes, candidates and candidates who have obtained an absolute majority of votes validly cast; b. to run-off elections, candidates and candidates who obtained the greatest number of votes.

The votes obtained by the candidates in the Bernese Jura are counted separately in the Bernese Jura and the canton-wide. The guaranteed to the Bernese Jura seat is awarded to the candidate or the candidate who gets the highest geometric mean. The election in the first round also requires an absolute majority of the votes in the canton.

Art. 86 planning and coordination planning and coordination the Executive Council sets the goals of the State activity subject to the powers of the Grand Council. It plans and coordinates the activities of the canton.

Art. 87 administration branch Directorate of administration the Executive Council directs the administration. He shares the Directions between its members. Each Member of the Government is the head of one or several Directions.
It organizes the administration of appropriately under the Constitution and the law. It ensures the administration to act under the law, which is effective and meets the needs of the population.
He called the authorities and staff of cantonal, unless the Constitution or the law assigns this responsibility to another body.
Reports of the activity of the administration to the Grand Council annually or as often as requested.

Art. 88 legislative skills. the Legislative Council-Executive heads generally the preliminary legislative procedure.
It issues the orders under the Constitution and legislation.
In an emergency, it may issue by way of order provisions which are necessary for the introduction of the top right. These urgent introductory provisions will be replaced without delay by following the ordinary procedure.
He can make intercantonaux and international treaties subject to the approval of the Grand Council right. Denoncables intercantonaux treaties short-term belong exclusively to the Executive Council if they are a minor or if they are within its legislative competence.

Art. 89 skills financial financial skills the Executive Council is developing the integrated plan ‹mission-financement› and stop the budget and management for the Grand Council report.
He stops a. unique new expenditures up to a maximum of one million francs; b. new recurring expenses up to a maximum of 200,000 francs; c. expenses.

He decided to land as well as land acquisitions disposals carried out as an investment.
It provides the necessary financial means.

Accepted by popular vote of the 24 Feb. 2008, in force since Jan. 1. 2008 SSA warranty. fed. Dec 18. 2008 (FF 2009 465 article 1 point 1, 2008 5497).

Art. 90. other skills other skills the Executive Council a. represents the canton inside and outside; b. meets the security and public order; c. prepares the business of the Grand Council as long as it will not only treat them; d. runs legislation, orders of the Grand Council, and come into force of res judicata judgments; e. adopts positions in federal consultations respecting the opinion of the Grand Council; e. statue on the remedies that are referred to him by the Act; g. decided adjustments of cantonal and communal borders; h. fulfils other tasks entrusted by the Constitution or by law.

Art. 91 extraordinary situations Situations the extraordinary Council-Executive may, without legal basis, measures to deal with current or imminent problems threatening the security and public order as well as to situations of social crisis. The Ordinances enacted in these circumstances are immediately subject to the approval of the Grand Council; they are deciduous at the latest one year after their entry into force.

5.4 administration cantonal art. 92 Headquarters Headquarters central administration of the canton is divided into directorates.
The State Chancellery offers staff the Grand Council and the Executive Council and the relationship between these two authorities.
A fair proportion of the staff must be French-language.

Art. 93. the administrative regions and administrative districts are the ordinary decentralized administrative units of the canton. They are designated by law.
The electoral body elects a prefect or a prefect in each administrative district.
The tasks of the prefects and the would is set by law.
The law determines which other authorities are regional or district elected by the electorate.
The Act designates the boundaries of the districts.

Accepted by popular vote on Sept. 24. 2006, in force since Jan. 1. 2010 warranty of the SSA. fed. June 12, 2008 (FF 2008 5263 art. 1 ch. 1 1265).

Art. 94 regional delivery of regional delivery of cantonal tasks of the cantonal tasks cantonal tasks can be performed at a regional level if the law so provides.

Art. 95. other organizations responsible for public tasks other organizations responsible for public tasks the canton may a. create institutions or other institutions of public or private law; (b) part of public or private law institutions; c. assign public tasks to private individuals or institutions outside the administration.

The law regulates including a. outline of the Organization and the tasks of institutions and institutions that are created by the canton; b. the nature and the scope of the delegation of legislative powers; (c) the nature and extent of major cantonal holdings; (d) the nature and scope of the assignment of public tasks, if they involve significant benefits, the restriction of fundamental rights or the perception of public contributions.


These organizations responsible for public tasks are subject to the supervision of the Executive Council. The Act provides appropriate participation of the Grand Council.

Art. 96 law mediation Service mediation service can create a cantonal mediation service.

5.5 courts art. 97 General General the independence of the courts is guaranteed.
The proceedings before the courts are public. The judgments of the courts are motivated in writing. The law regulates the exceptions.
The law regulates the competence of the courts.

Accepted by popular vote on Sept. 24. 2006, in force since Jan. 1. 2011 warranty of the SSA. fed. June 12, 2008 (FF 2008 5263 art. 1 ch. 1 1265).

Art. 98 Court Civil civil court civil jurisdiction is exercised by a. chairs of courts; b. the supreme court.

The law may establish special judicial authorities for civil law disputes, particularly in the areas of labor law, lease law or commercial law.

Art. 99 Court criminal criminal court criminal jurisdiction is exercised by a. chairs of courts; b. district courts or the courts College regional; c. Minors courts; d. the economic criminal court; (e) the supreme court.

The law may assign skills administrative criminal law the administrative authorities of the canton and the communes. The judicial review is reserved.

Approved by referendum on Sept. 24. 2006, in force since Jan. 1. 2011 warranty of the SSA. fed. June 12, 2008 (FF 2008 5263 art. 1 ch. 1 1265).

Art. 100 administrative court administrative jurisdiction the Administrative Court knows in last instance of administrative disputes, which, by law, are not the final jurisdiction of another authority.
The law may establish special judicial authorities to hear administrative disputes.

6 plan of finance art. 101 General principles General principles the financial management is thrifty, efficient, adapted to the conditions and in accordance with the principle of payment by the user. Finance must be balanced in the medium term.
The canton establishes a comprehensive financial planning which is consistent as far as possible with that of the Confederation.
Before taking on a new task, the township will consider how to finance.
Each task will be periodically monitored to check if it is still necessary and useful and if the financial burden it causes remains bearable.

Art. 101aFrein to the debt applied to the brake operating account to the debt applied to the account of operating budget may not make surplus charges.
The excess of expenses of the management report referred to the budget of the second following year, to the extent where it cannot be covered by the own capital.
When the budget was adopted, the Grand Council may derogate from the al. 1, if three-fifths at least of its members so decide. Upon approval of the management report, para. 2 is not applicable to the amount of the excess of charges set out in the budget. The overdraft should be amortized within four years.
Upon approval of the management report, the Grand Council may derogate from the al. 2, in a measure to determine if three-fifths at least of its members so decide. The overdraft should be amortized within four years.
Accounting earnings and depreciation on investments of financial assets are not taken into account in the application of the al. 1 and 2.

Adopted by popular vote on March 3, 2002, in force since May 1, 2002. Guarantee of the SSA. fed. of 12 March 2003 (FF 2003 2572 art. 1 ch. 1, 2002 6213).
Accepted by popular vote of the 24 Feb. 2008, in force since Jan. 1. 2008 SSA warranty. fed. Dec 18. 2008 (FF 2009 465 article 1 point 1, 2008 5497).
Accepted by popular vote of the 24 Feb. 2008, in force since Jan. 1. 2008 SSA warranty. fed. Dec 18. 2008 (FF 2009 465 article 1 point 1, 2008 5497).
Accepted by popular vote of the 24 Feb. 2008, in force since Jan. 1. 2008 SSA warranty. fed. Dec 18. 2008 (FF 2009 465 article 1 point 1, 2008 5497).
Accepted by popular vote of the 24 Feb. 2008, in force since Jan. 1. 2008 SSA warranty. fed. Dec 18. 2008 (FF 2009 465 article 1 point 1, 2008 5497).
Accepted by popular vote of the 24 Feb. 2008, in force since Jan. 1. 2008 SSA warranty. fed. Dec 18. 2008 (FF 2009 465 article 1 point 1, 2008 5497).

Art. 101bFrein to the debt applied to the investment account brake to the debt applied to the investment account the degree of self-financing of the net investment should be 100 percent in the medium term at least.
If the degree of self-financing of the net investment in the budget is less than 100 percent, it should be compensated in the plan integrated 'mission-funding '.
An overdraft in the management report must be compensated for in the budget of the second year following and the following three years.
The Grand Council may decide by a majority of three-fifths of its members to extend to eight years the period of compensation of the overdraft or entirely waive the compensation.
The al. 1 to 4 apply only when the share of the gross debt, which is defined as the ratio of gross debt and the cantonal income, exceeds a rate of 12 percent. The key value is the share at the end of the calendar year preceding.

Accepted by popular vote of the 24 Feb. 2008, in force since Jan. 1. 2008 SSA warranty. fed. Dec 18. 2008 (FF 2009 465 article 1 point 1, 2008 5497).

Art. 101cFrein to the increase of taxes the tax increase brake any increase in the amount of tax by the Grand Council, which induces an increase in tax revenue of the Township overall requires the approval of the majority of the members of the Grand Council.

Accepted by popular vote of the 24 Feb. 2008, in force since Jan. 1. 2008 SSA warranty. fed. Dec 18. 2008 (FF 2009 465 article 1 point 1, 2008 5497).

Art. 102 financial resources financial resources the canton draws its resources including a. the collection of taxes and other public contributions; b. performance of his fortune c. benefits of Confederation and third; d. the conclusion of loans and borrowings.

Art. 103 taxes taxes the canton takes a. a tax on the income and wealth of people physical; (b) a tax on the income and capital of morales; c. people a fortune gains tax.

In addition the canton takes the inheritance and gift tax, a tax on motor vehicles, and to the extent where the legislation, other taxes on expenditures or transactions.

Art. 104 principles of taxation principles of taxation, the tax system is built based on the principles of universality and equality in law and takes into account the economic ability of taxpayers.
Taxes of physical persons are calculated to provide economically weak people, to keep the will of the individual to exercise a lucrative activity and encourage individual retirement.
Corporate taxes are calculated in order to maintain their competitiveness and taking into account the social benefits they pay and the efforts they undertake to guarantee full employment.
The tax evasion and tax fraud will be suppressed effectively.

Art. 105 expenses any expenses presupposes a legal basis, a fiscal credit and a decision to financially competent body.

Art. 106 financial oversight financial oversight financial oversight is provided by the oversight bodies whose independence is guaranteed.
Legislation regulates the financial supervision on the organizations and individuals who receive cantonal benefits.

7 common provisions 7.1 General art. 107 General information General Information Commons are public authorities with legal personality.
The canton of Berne knows the types of Commons following: a. Commons municipal; b. the common bourgeois; c. mixed Commons; d. parishes.

Commons in principle includes the sections and the Association of communes of public law. The law may submit other communities to municipal law.
The tasks assigned to the Commons by this Constitution responsibility than municipal Commons and mixed Commons. They can also be performed by other municipalities where the cantonal law permits.

Art. 108 existence, territory and property, territory and property the existence, the territory and property of the Commons are guaranteed.
Executive Board approves the creation, deletion or modification of the territory of Commons, as well as mergers adopted by the municipalities concerned. If he refuses to give his approval, the Grand Council slice.
The Grand Council may order the merger of Commons against their will when municipal, regional or cantonal interests overriding require it. The municipalities concerned are heard in advance.
The law regulates the details, in particular the conditions and the procedure for ordering a merger of Commons against their will.
The Township encourages mergers of municipalities.


Accepted by popular vote Sept. 23. in force since Jan. 1, 2012. 2013. guarantee of the SSA. fed. Sept. 24. 2014 (2014 (FF 2014 7615 art. 1 ch. 2-3573).
Accepted by popular vote Sept. 23. in force since Jan. 1, 2012. 2013. guarantee of the SSA. fed. Sept. 24. 2014 (2014 (FF 2014 7615 art. 1 ch. 2-3573).
Accepted by popular vote Sept. 23. in force since Jan. 1, 2012. 2013. guarantee of the SSA. fed. Sept. 24. 2014 (2014 (FF 2014 7615 art. 1 ch. 2-3573).
Accepted by popular vote Sept. 23. in force since Jan. 1, 2012. 2013. guarantee of the SSA. fed. Sept. 24. 2014 (2014 (FF 2014 7615 art. 1 ch. 2-3573).

Art. 109 autonomy autonomy municipal self-government is guaranteed. Its scope is determined by the cantonal and federal law.
Cantonal law gives the most common freedom of decision.

Art. 110 cooperation intercommunal inter-communal Cooperation the canton encourage intermunicipal cooperation.
Municipalities can participate in Commons unions or other organizations in order to assume all tasks. The law may force them.
The law determines the necessary content of the statutes of the intermunicipal organizations.
The participation rights of the electorate and of the authorities of the municipalities that are members of a local organization will be saved.

Art. regional 110acooperation the canton Regional Cooperation provides for specific communities of municipal law to the regional cooperation of the Commons on a binding basis.
The legislation sets the tasks and the perimeter of the communities; It regulates the organizational and procedural issues.
The creation and dissolution of a community requires a majority of the voting and that of the communes concerned.
The electorate expressed during the regional elections. The right to vote belongs to residents within the perimeter of the community who have the right to vote in cantonal matters.

Adopted by popular vote on June 17, 2007, in force since Jan. 1. 2008 SSA warranty. fed. June 12, 2008 (FF 2008 5263 art. 1 ch. 1 1265).

Art. 111 Organization Organization the canton sets the broad lines of the communal organization. It regulates the financial regime of the communes and cantonal monitoring.
Municipalities are subject to the same liability as the canton as long as the law does not otherwise.

7.2 7.2.1 special provisions common municipal art. 112 tasks tasks municipal Commons perform the tasks that the Confederation and the canton attribute to them.
They can take on other tasks, insofar as these are not exclusively to the Confederation, the canton or other organizations.

Art. 113 taxes, financial equalisation taxes, fiscal equalization municipal Commons levy taxes on income and fortune, on the profit and capital as well as gains of fortune, based on the cantonal tax base. They set the proportion of taxes.
They may levy other taxes as long as the law so provides.
Financial Equalization reduces inequalities arising from differences in ability to pay between municipal Commons and tends to balance the tax burden. In the cases provided by law, the financial equalization-related benefits may be reduced or refused.

Accepted by popular vote Sept. 23. in force since Jan. 1, 2012. 2013. guarantee of the SSA. fed. Sept. 24. 2014 (2014 (FF 2014 7615 art. 1 ch. 2-3573).

Art. 114 right to vote right to vote the right to vote belongs to any person who has the right to vote in cantonal matters and who resides in the town for at least three months.

Art. 115 Elections Elections the electoral body elects the City Council as well as the municipal Parliament if the organisational regulations establishes a.
Minorities will be taken into account in the constitution of the authorities.

Art. 116 votes voting the organisational regulations is obligatorily subject to the popular vote. The law determines the objects that are necessarily in the organisational regulations.
The law may state other objects which, because of their importance or their fundamental nature, are subject to compulsory voting. Municipalities have a Parliament can submit these items to the optional referendum. The number of signatures needed to apply for a popular vote will not exceed five percent of the electorate.

Art. 117 initiatives Initiatives a tenth of the electorate may file an initiative requiring the adoption, amendment or repeal of a regulation or a decision that falls to the electorate or the municipal Parliament.
The organisational regulations can submit other objects to the right of initiative and reduce the number of signatures needed.
The initiative is presented to the electorate if it regulates an object subjected to the mandatory vote or the competent municipal authority disapprove.

Art. 118 sections of Commons Commons municipal Commons Sections can be sections with the approval of the Executive Council and assign permanent tasks.
The sections can charge other tasks of the town municipal as far as it not assume them itself.

7.2.2 other art. 119 common bourgeois shared the common middle-class bourgeois cater to the public good in the best of their ability.
They perform tasks that their responsibilities according to the tradition.

Art. 120 common mixed mixed Commons a joint municipality was born of the merger of the municipal commune with one or more common bourgeois on the territory.
It is subject to the same requirements as the municipal commune which she accomplishes the tasks.
It administers the bourgeois property in accordance with their destination.

8 national churches and other religious communities 8.1 churches national art. 121 General General the Evangelical Reformed Church, the Roman Catholic Church and the Christian Catholic Church are national churches recognized by the canton.
They are public authorities with legal personality.

Art. 122 autonomy, right of autonomy proposal, law proposal national churches freely regulate their internal affairs within the limits of the law.
They regulate the right to vote of their members regarding Church and parish.
They have a right to notice and proposal in cantonal and intercantonal affairs affecting them.

Art. 123 organization, finance organization, finance national churches democratically appoint their authorities.
They are organized in parishes.
They finance their spending by contributions from their parishes and the cantonal services set out in the Act.

Art. 124 membership membership in a national church membership is determined by the statutes thereof.
The exit of the Church is possible at any time by a written declaration.

Art. 125 parishes parish each parish consists residents on its territory who are members of the national church to which it relates.
Each parish elects its clerics.
The parishes have the right to collect a church tax.

8.2 Jewish communities and other religious art. 126. the Jewish communities are recognized of public law. The law regulates the effects of this recognition.
Other religious communities can be recognized of public law. The law sets the conditions, procedure and the effects of this recognition.

9 revisions constitutional art. 127 General General the Constitution may at any time be revised totally or partially.
The draft constitutional revision is the subject of two readings.
The constitutional revisions take place according to the procedure applicable to the laws insofar as the Constitution does not provide otherwise.

Art. 128 revision partial partial partial revision request Revision tends to change a constitutional provision or several intrinsically related constitutional provisions.

Art. 129 total overhaul total overhaul the electoral body decides to total revision procedure opening. It also decides if the revision will be prepared by a constituent Assembly or by the Grand Council.
In case the preparation of the comprehensive revision is attributed to a constituent Assembly, it is elected without delay. The provisions on the election of members of the Grand Council are applicable, except those on the incompatibilities and the term of office. The constituent Assembly shall adopt its own rules.
Instead of an alternative project to the senses of the art. 63, the draft constitution may include variations on which the electorate will vote separately, either beforehand, or simultaneously.
If the electorate rejects the draft, the body responsible for the total revision is developing a second project. If it is rejected by the electorate, the decree ordering the revision is invalid.

10 transitional provisions and final art. 130 coming into force coming into force the present Constitution comes into force on January 1, 1995.

The new financial skills of the Executive Council according to art. 89, al. 2 apply upon acceptance of this Constitution. The cases that the Executive Council has already forwarded to the Grand Council are dealt with under the old law.
The general renewal of the Executive Council will be held in 1994 under the provisions of this Constitution.
Art. 68, al. 2 apply to the prefects and would that are simultaneously Chairmen or Presidents of court as from the entry into force of the new legal provisions on judicial organization, but at the latest at the end of the regular term of office on 31 December 1998.
Art. 117 on the right of initiative in local area will apply to the adaptation of municipal regulations are related, but at the latest from 1 January 1997.

Art. 131 repeal repeal the Constitution of the canton of Bern from June 4, 1893, as well as the constitutional additive on the Jura on March 1, 1970 and the constitutional basis for the canton of Berne within its new borders on December 5, 1976 are repealed.
The provisions of the law in force that are contrary to this Constitution are repealed.

Art. 132 provisional provisional maintenance maintenance the normative acts issued by an authority that is more competent or under a procedure which is no longer permitted provisionally remain in force. They may be modified only in accordance with this Constitution.
The election and the term of office of the president or of the President of the Executive Council are governed by art. 35 of the Constitution until the entry into force of the legal provisions.
The art. 49 to 62 of the old Constitution on judicial authorities remain applicable until the entry into force of new legal regulations, but at the latest until 31 December 1998.
The oath and the solemn promise remain governed by art. 113 of the Constitution until the enactment of legal regulations.

Art. 133 enactment of new law enactment of new law new law required by this Constitution will be enacted without delay.
The Grand Council adopts a legislative programme.

Art. 134 rights political political rights the old law remains applicable to the initiatives filed prior to January 1, 1995 and requests for popular vote on projects adopted before that date.
Any initiative that asks for the partial revision of the Constitution and was filed before the adoption of this Constitution will be transformed by the Grand Council in this last revision project.

Art. 135 district of Laufen Laufen District art. 105 to 108 of the Constitution apply to the separation of the district of Laufen in the canton of Bern.
This provision comes into force as soon as the separation has been approved by the Confederation in a popular vote.
Index of contents numbers refer to the articles of the Constitution.
Public tasks - at the cantonal level - by the central administration-92 by mediate administration-95 by regional organizations 3, -94 by the prefects and would - at the communal level 107 - 93 by the common bourgeois-119 by the mixed municipalities-120 by municipal Commons-112 by sections of Commons 118 land Acquisitions cf. real estate transactions cantonal Administration central administration 92-96 - 68 , 92 decentralized administration 68, 93-regions and administrative districts 3, 93-mediated administration-95 and supervision-87 incompatibilities 68 directors of delivery legal basis 69 Age voting 55 - see elderly Agriculture 51 - self-sufficient supply 33 help-help to the victims - 29 international 54 - 41 - medical social 38 - urgent 29 - cf. also social security land disposals cf. estate planning of road infrastructure 34-regulation on construction planning Amnesty 79 arbitrary ban 11 33 33
Orders of principle - optional vote 62 districts - administrative 3, 6, 93 - judicial 99 Art freedom 22 constituent Assembly 129 Assistance-children - 29 free legal 26 - see also social security Association freedom 19 public tasks - to the Commons-107 to sections of Commons-118 to other organizations public tasks - 95 see also delegation of powers cars see taxes on motor vehicle autonomy-Commons 109-122 authorities 66 national churches-100 - languages - 6 power of the State 1 - achievement fundamental rights 27-response to petitions 20-respect for fundamental rights 27-18 enforcement authorities personal data processing-Executive Board 90 authorities judicial 97-100 - ordinary - supreme court 98, 99-98 court presidents, 99-Administrative Tribunal economic criminal court 99-district courts or regional College courts courts of minors - special - 99 in the field of the right to the lease - 98-99-100 in the field of the right commercial-98 in the field of the law 98-eligibility 67-incompatibilities 68 recusal 68 judicial authorities-Council 90 - prefects 90-courts 97 - 100 - control of standards 66 administrative justice - Tribunal 90 - Council authorities administrative 100 police authorities - Council 90 lease disputes in the field of the right to the lease 98 53 Base legal expenditures 105 legal basis 69 Kantonalbank - assignment of public work 95-restriction of fundamental rights 28-supremacy of the Constitution and legislation 66 basics of life 31 - responsibility of scientists researchers and teachers 21 Biel-Seeland - representation at the Grand Council 73 good faith protection 11 scholarships see the training Budget subsidies - Decree of the Grand Council 76 - the debt brake applied to the operating account 101 - the debt brake applied to the investment account 101 b - need for a budget vote 105-proposal by the Executive Council 89 deficiency period 114 prior censorship 17 constituencies - election of the members of the Council-Executive 85-election of the members of the Grand Council 73 - see groups of constituencies Chancellor/Chancellor of State Chancellery of State 92 - 77 Coalition freedom 23 public community - common 107 election - law communal 110 a - Association of communes 110 - 121 national churches - other 95 Collusion danger 25 trade - retail 50-freedom of trade and industry - 23 see also litigation commercial law committees 81 communities religious recognition of right public 126 - see also religion 107-120-bourgeois 119-110 regional cooperation Commons a - mixed - 120 municipal 112 - 118 - Association of communes - 110 autonomy 109-division of the canton 3 - city 7-115 skills authorities election financial - Executive Council 89 - Grand Council 76 - see also skills legislative powers of the Executive Council 88 - of the Grand Council 74 - of other organizations in charge of public tasks-95 in extraordinary situations-91 emergency 88-delegation 69 skills spending - spending of the Executive Council - 89 of the electoral body-62 of the Grand Council 76 - 69 competitiveness calculation of taxes 104 delegation
Concessions - skills of the Grand Council 79 - 62 Concordats optional vote see intercantonaux treaties Confederation-membership of the canton of Berne 2 - canton of Berne as a link 2-cooperation-2 Federal consultations 79, 90 - rights of cantonal participation 79-introduction urgent of the superior law 88 conflict of jurisdiction 79 Conscience - freedom of conscience and belief 14 Council of States - popular election 56-eligibility 67-68 Executive Council 84 incompatibilities-91 - approval-108 decision on the result of an initiative 59-delegation-69 election popular 56-eligibility-67 incompatibilities 68-challenge-68 early general renewal 57-status before the Grand Council 83 - tasks, skills 86-91 legal advice 25 Council national - popular election 56-incompatibility for members of the Executive Council 68 constituent 129 Constitution-respect-66 revision 127-129 Construction 33 Consultations see consultation procedures; right to consult contract cf. intercantonaux and international treaties counter-proposal 60 Contributions public 102, 103 - basic legal 69, 95 - see also tax control of standards 66 Cooperation - of the canton - with the other cantons-2 with the Confederation 2 - with the other regions of Europe 54 - with some other States 54 - between Commons - 110 regional 110a secret correspondence 12 color discrimination 10 98 supreme court ban , 99 election of the president 77 belief-freedom of conscience and belief - 14 see also religion cults freedom 14 Culture 48 - conservation of cultural property 32-Bernese Jura-5 cultural minorities 4, 5 Danger of collusion 25 waste 36 decrees 74 waiting period common 114 relaxation 49 - planning, building 33 Delegation of powers 69 - other organizations of public tasks - 95 to 81 democracy 1 spending 105 parliamentary committees-see also skills in spending homework 8 9 Directions 92 human dignity

-delegation of their powers 69-87 Directives 80 discernment structure see failure of discernment discrimination ban 10 transitional and final provisions 130-134 Districts - division of the canton 3-limits 93 Home - voting 55, 114-freedom of establishment - 16 cf. inviolability of the home damages - expropriation 24-deprivation of liberty-25 responsibility 71, 111 Donations see tax on inheritance and gift data protection of personal data 18 City 7 right right to consult-parliamentary committees-81 members of the Grand Council 82 - the president of the Grand Council 82 - the official documents - 17 the data personal 18 - taken position collected during consultations 64 right to be heard 25, 26 right to marry 13 right to conduct investigations 81 right of necessity 91 right of petition 20 parliamentary committees entitled to notice see rights of participation right of proposal-of the Executive Council at the Grand Council 83 - national churches-122 of the Bernese Jura 5 right superior introduction in case 88 voting - canton 55 - Swiss abroad 55 emergency-communities - 110 a municipal Commons 114-122 human rights 9-28 human rights national churches-respect 54 - see also rights fundamental rights of participation - national churches-122 of the Bernese Jura-5 of minorities-4 within Association of communes 110 political rights 55-65 - administrative districts - 93 elections - canton - voting 55-56 elections , 57 initiatives 58 - 60 - votes 61-63 - communities 110 a - Commons - right to vote elections 115-initiatives-117 votes 116-114 - national churches - right to vote-122 elections 123, 125 water - supply 35-purification of wastewater - 36 Regal waters 52 ecclesiastical election 125 private schools 43 - 21 economy 50 academic freedom - agriculture and forestry-51 help and cooperation international 54-planning , regulation on buildings 33-cantonal bank 53-economic freedom 23 horizontal effect 27 equal opportunities - in training 30, 45-equal rights 10 - 104 national churches 121-125 tax law - cf. also religion Elections - by the Executive Council 87 - by the Grand Council 77 - by the people - at the cantonal level - Council of States 56 - Executive Council 56, 57-national Council Grand Council 56-56 , 57 - local - communal Council 115 - municipal Parliament 115 - at the level of the administrative districts - prefects 93 - 93 other authorities - within the national churches, 123, 125 - see also Elections for early general renewal eligibility 67 Emoluments 57 electoral procedure cf. public contributions employees see staff loans - skills of the Executive Council 89 - skills of the Grand Council 76 - financial resources 102 mentoring - compatibility with a professional activity-39 of 29 children , 30 energy supply 35 children 29, 30-tasks of supervision and professional task 39-43 teaching 43 kindergartens - freedom of education environment protection 21 31 - waste 36 - waters 36-energy-35 training-42 transport 34 Essence of human rights 28 - right of petition - 20 guaranteed in case of deprivation of liberty - 25 guaranteed property 24 - guaranteed legal protection 26-prohibition of prior censorship 17-prohibition of discrimination 10-freedom of conscience and belief 14. economic freedom 23-personal freedom 10 establishment freedom 16 public institutions 95 rule of law 1 foreigners/foreign - scope of rights 27 Europe cooperation 54 Executive cf. Executive Council regional delivery of cantonal tasks 3, 94 Expropriation 24 family - right to family life 13-family - 30 support to companies fauna 31 finance - management 101 - 51 family farms see also financial skills; skills spending Flore 31 function public - equal access for the men and women 10 - eligibility - 67 incompatibilities, recusal 68 officials see staff forests 51 training 42-45 - right to education 29-equality of rights of men and women 10-training and development for all 30-training for adults 45-retraining-39 freedom of education and freedom of science 21 Fortune see taxes on the income and fortune French-national language and official 6-members of the Executive Council of French language - 84 French 92 - the debt brake applied to the operating account 101 - debt applied to the investment account 101 - b to increase taxes 101 c borders 90 merger of Commons 108 warranty rectification - personal existence, territory, communal property 108 guarantee of subsistence 29 warranty of ownership 24 procedural guarantees 26 - in the event of deprivation of liberty-25 Court 97 Generations - responsibility 8-31 engineering environment Genetics 31 management finance 101 Grace 79 Grand Council 72-83 - decision on the validity of an initiative 59-delegation-69 popular election 56-eligibility 67-merger of Commons 108-incompatibility 68-challenge-68 early general renewal 57-preparation of the total of the Constitution 129 - revision tasks, skills 74-79 strike 39 groups of constituencies 73 parliamentary groups 81 disabled 30 high schools specialized surveillance 44 78 - See also monitoring parliamentary immunity 82 taxes - brake on the increase-101 c - cantonal taxes 103-local taxes-113 church tax 125-principles of taxation 104-102 taxes financial resources on the income and wealth-canton - 103 common municipal 12 tax on successions and donations 103 taxes on motor vehicles 103 inability of discernment exclusion of voting 55 incompatibilities 68 compensation see damages independence courts 26, 97 Indication of remedies 26 industry - freedom of trade and industry 23 Information - information to be provided to the authorities - 70 independence and diversity 46-freedom of information-17 in case of deprivation of liberty - 25 see also access Initiatives-popular to the level of the canton 58 - 60 - popular to the level of municipal Commons - 117 parliamentarians designed in general terms 58 private Initiative social goals 30 public Institutions 95 Institution of contractual freedom 23 Institution of ownership 24 Instructions ban prohibition of arbitrariness prohibition of discrimination ban 10 11 82-82 of give some instructions to the parliamentarians 82 public interest - restriction of the right of access to official documents 17-restriction of fundamental rights 28 interest communication 82 parliamentary Interventions 82 Invalides 30 inviolability of the home, 12 kindergartens 43 youth 30 Jura Bernese - status - 5 guaranteed of seats to the Grand Council 73 - guarantee of a Government seat 84 jurisdiction-general principles 26, 97 - administrative - 100 civil 98 - constitutional 66 - criminal 99 - also see languages 6 judicial authorities-prohibition of discrimination 10-freedom of the language 15 - Jura Bernese 5, 6 - other minorities 4-Member of Executive Board of French language 84 - official 6: 7 - personal French 92 Laufonnais 135 legality principle 66 legislative cf. Grand Council freedom - preamble-rule of law liberal - 1 cf. fundamental rights - see also deprivation of freedom of trade and industry 23 freedom of conscience and belief 14 contractual freedom 23 personal freedom 12 disputes - in the field of the right to the lease-98 in the field of law of the work 98-law litigation commercial 98 - see also jurisdiction housing 40-right to shelter to people in need-29 property in bearable conditions 30-inviolability of domicile 12 law - essential content 69-enacted 74-initiative-58 vote optional leisure 49 62 - cf. also comfort sick cf. health mandates of the Grand Council to the Executive Council 80 events 19 marriage freedom 13 maternity 30 medicines soft 41 media 46 Mediation service 96 miners exercise of fundamental rights 27
Minimum guaranteed minorities 29-Bernese Jura-5 General protection 4-protection at municipal level 115 election Mode cf. election procedure, majority system change of the 61 territory - corrections of borders 90 natural Monuments 32 movement freedom 12 against retroactivity principle 26 standards control 66 new skills of the Grand Council 76 Obligation to motivate debt - in the procedure in general-26 in the judicial proceedings 97 social Œuvres cf. Opinion freedom 17 orders 88 public order social security 37 - tasks of the Executive Board 90. extraordinary situations - 91 cf. restriction of fundamental rights organizations responsible for public tasks - respect for fundamental rights 27-responsibility 71, 111 original ban of discrimination Parliament 10 cf. Grand Council parishes 125 Participation in institutions of public or private law 95 - see also rights of participation political parties 65 heritage protection 32 poverty cf. social security landscape protection 32 Financial Equalization 113 function period - generally - Council of States 56 - Executive Board - 85 Grand Council 72


-in the case of general early renewal 57 staff of the cantonal administration - eligibility-67 incompatibilities 68-challenge-68 appointment by the Executive Council 87 - staff of French language 92 elderly 30 banned people exercise fundamental rights 27 Petition right 20 Plan integrated 'mission-financing' 75, 89, 101b planning-Executive Council 86, 89-Grand Council 75 - financial planning 101 Police see police authorities power of the State 1 - separation of powers 66 notice see rights of participation prefects/would 93 - eligibility 67-incompatibilities 68 recusal 68 Chairperson of the Executive Board election 77 Chairperson of the Grand Council-election - 77 right to consult the records of the Executive Council 82 Presidents/speakers of courts 98, 99 presumption of innocence 26 press freedom 17 loans 102 Prevention addiction 41 foresight see social security principle of good faith 11 principle of legality 66 principle of non-retroactivity principle of polluter-pays principle 31 26 proportionality restriction of rights fundamental principle of 17 principles of organization 66-71 28
Deprivation of liberty guaranteed 25 private - award of public tasks 95 Privilege of irresponsibility Parliament 82 Electoral Procedure - Council of States 56 - Executive Board - 85 Grand Council 73 Procedure legislative - Grand Council 74 - Executive Council 88 - other organizations responsible for public tasks 95-delegation-69 emergency 88-91 consultation Procedures - to the attention of the federal authorities - adoption of positions taken by the Executive Board 90 - view of the Grand Council 79 - to the attention of the cantonal authorities - extraordinary situations right to consult the views collected 64 - right to participation-64 launch 88 attorney general/prosecutor general election 77 Profession free choice 23 government program of legislature alternative project popular project promise 132 proportionality 63 63 75 cf. principle of proportionality proposal cf. right to property guaranteed 24 protect - children - 29 proposal legal 26 - see also procedural guarantees - social see social security Protection of good faith 11 18 36 Protection Water Protection personal data Protection of the environment 31 Heritage Protection 32 Landscape Protection 32 advertising - principle 17-publicity Court 97 proportion of taxes - canton - 76 Commons 113 Race 10 MD 62 discrimination ban, 76, 89, 101, 101b service reports 67 research freedom - University recognition of public law - Jewish communities - 126 44 other religious communities use 126 - see indication of remedies; administrative justice borders 90 challenge 68 Referendum financial corrections authorities see skills enjoy 52 plan spending financial - of the canton 101 - 106 - Commons-111 of the national churches 123 areas - administrative 3, 6, 93-Bernese Jura - 5 other regional minorities-4 Europe - 54 tasks at the regional level 3, 94-balanced from the regional point of view 50 Religion economy-prohibition of discrimination 10-neutrality denominational teaching 43-freedom of conscience and belief 14 - see as national churches, religious communities early general renewal 57 information see information, right of consult repair documents of the moral wrong cf. moral wrong Sunday rest 47 Representation of the canton to the inside and outside 90 Respect of the privacy 12 responsibility-individual 8-parliamentarians-82 of the canton-71 of Commons-111 other organizations responsible for public tasks 71 102 retroactivity principle of non-retroactivity 26 meeting freedom 19 financial resources income see taxes on the income and the fortune of the partial Revision of the Constitution - initiative-58 procedure 127, 128, 134-compulsory voting 61 review total Constitution - 58-procedure 127, 129-compulsory voting 61 roads initiative see development of road infrastructure health protection 41-help the sick - 30 right to essential medical care 29-encouragement of Medicine of work 39-environmental protection 31 Science freedom - University 44 secrecy of correspondence 12 Sections of municipal Commons 118 - assimilation to Commons 107 security-public 37 see also public order - social 38 - 40 - social goals 30 - social rights 29-safety at work 39-situations social distress - 38 right to assistance - 29 measures without any legal basis stay freedom of establishment 16 Separation of powers 66 92 oath 132 Service mediation 96 gender equality 10 seat guaranteed to the Jura Bernese - Grand Council 73 - 84 85 Signatures Executive-initiatives 58-petition-20 optional voting 62 extraordinary Situations - skills of the Executive Council 91 care essential medical 29-cf. also health ground use 33 solidarity 8 out of a national church 124 the people's sovereignty 1 privacy respect 12 Sport 49 45 estates training subsidies see tax on inheritance and donations Swiss and Swiss vote 55 Surveillance abroad-by the Executive Council 95 - by the Grand Council 78 - on Commons 93, 111-on other organizations responsible for public tasks-95 on private schools-43 on finance-106 health 41

Forestry unions 51 - obligation of neutrality of the State 39 - freedom 19, 23 unions of Commons 110 plurality - election of the Council of States 86 - election of the Executive Council 85 proportional system - election of the Grand Council 73 public tasks 31-54 - allocation to private individuals-95 legal basis 69-examining the possibilities of financing 101-respect for the Constitution and the legislation 66 - see also achievement , public tasks, running regional task cantonal Taxes cf. public contributions arable territory - cantonal 3 - 33 amendments 61-borders 90 - communal 108 - corrections corrections of borders 90 moral deprivation of liberty 25 drug measures preventive 41 intercantonaux and international - treaty jurisdiction of the Grand Council 74 - initiative 58-optional vote 62-compulsory voting 61 real estate Transactions - jurisdiction of the Council 89 transient cf. transitional and final provisions transport 34 - 103 work 30 motor vehicles tax , 39 equal 10 - free choice of employment disputes in the field of the law of labour courts 97 98-23-100 - see also judicial authorities administrative court 100 - election of the president 77 economic criminal court 99 99 99 99 unit minors courts Regional College courts district courts of form and matter initiatives 58 University 44 emergency legislative powers 88 variants - alternative projects-63 vote in the event of total revision 129 victims help 29 life in common free choice 13 privacy form 12 - see prohibition of voting discrimination cf. political rights approved by referendum of June 6, 1993, in effect since Jan. 1. 1995. guarantee of the SSA. fed. Sept. 22. 1994 (FF 1994 I 401, III 1869).

This publication is based on the Federal guarantees published in the FT. It can thereby delay temporarily the cantonal publication. The date of the State is the last AF published in the FT.

State March 11, 2015

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