Key Benefits:
16 May 2004 (State on 8 June 2010) 1
We people of the canton of Fribourg,
Believing in God or drawing our values from other sources,
Conscious of our responsibility to future generations,
Wishing to live our cultural diversity in mutual understanding,
Committed to building an open, prosperous and inclusive society that guarantees fundamental rights and respects the environment,
We give this Constitution.
The Canton of Fribourg
1 The canton of Fribourg is a state of liberal, democratic and social law.
2 It is one of the cantons of the Swiss Confederation.
Territory, Capital and Arms
1 The canton includes the territory guaranteed to it by the Confederation.
2 Its capital is the city of Freiburg in German.
3 Its coat of arms is: "Cut sand and silver".
State Goals
1 The goals of the state are:
2 The State pursues these goals in the respect of freedom and responsibility of the human being and the principle of subsidiarity.
Principles of State activity
Any activity of the State is based on the law, responds to a public interest and is proportionate to the intended purpose.
External relations
1 The canton of Fribourg works with the Confederation and the other cantons, as well as with regional, national and international organisations.
2 It promotes inter-cantonal and inter-regional collaboration.
Languages
1 French and German are the official languages of the canton.
2 Their use is regulated in accordance with the principle of territoriality: the State and the communes shall ensure the traditional territorial distribution of languages and take account of indigenous linguistic minorities.
3 The official language of the communes is French or German. In communes with an important indigenous linguistic minority, French and German can be the official languages.
4 The state promotes understanding, good understanding and exchanges between the cantonal language communities. He encouraged bilingualism.
5 The canton promotes relations between the national linguistic communities.
Duties
1 Every person is required to perform the duties imposed on him by the Constitution and legislation.
2 It assumes its share of responsibility to itself, to others, to the community and to future generations.
3 The public authorities intervene in favour of the individual in addition to his own abilities.
Human Dignity
Human dignity is inviolable.
Equality
1 All human beings are equal before the law. No one should be discriminated against.
2 Women and men are equal in law. They are entitled, in particular, to the same wage for work of equal value. The State and the communes shall ensure equality of law and fact, in particular in the fields of family, training, work and, to the extent possible, access to the civil service.
3 The State and the municipalities shall take measures to compensate for inequalities affecting persons with disabilities and to promote their autonomy and economic and social integration.
Prohibition of arbitrariness and good faith
Everyone has the right to be treated by state bodies without arbitrariness and in accordance with the rules of good faith.
Right to life and personal freedom
1 Every human being has the right to life.
2 Everyone has the right to personal freedom, including physical and mental integrity and freedom of movement.
Privacy
1 Everyone has the right to respect for his private and family life, his home, correspondence and telecommunications.
2 It has the right to be protected against the misuse of data concerning it.
Marriage and family
The right to marriage and the family is guaranteed.
Other forms of common life
1 The freedom to choose another form of common life that marriage is recognized.
2 The right to register a partnership for same-sex couples is guaranteed.
Conscience and Belief
1 Freedom of conscience and belief is guaranteed.
2 Everyone has the right to freely choose his or her religion and to form philosophical beliefs as well as to profess them individually or in community.
3 Everyone has the right to belong to, belong to or leave a religious community, and to follow religious education.
4 Any constraints, abuse of power and manipulation are prohibited.
Establishment
The free choice of residence and place of stay is guaranteed.
Language
1 The freedom of language is guaranteed.
2 Those who apply to an authority whose jurisdiction extends to the canton as a whole can do so in the official language of their choice.
Basic education
The right to adequate and free basic education is guaranteed.
Opinion and information
1 Freedom of opinion and freedom of information are guaranteed.
2 The right to information is guaranteed. Any person may consult official documents to the extent that there is no overriding public or private interest.
Art
Freedom of art is guaranteed.
Science
1 The freedom of scientific education and research is guaranteed.
2 Scientists take responsibility for human beings, animals, plants and their vital bases.
Association
Everyone has the right to form an association, to be a part of it and to participate in its activities. No one can be forced to do so.
Meeting and Protest
1 Everyone has the right to organise and take part in a meeting or event. No one can be forced to do so.
2 The law may subject to authorisation meetings and events organised in the public domain.
3 Meetings and demonstrations must be authorised if they do not adversely affect the interests of other users and if an orderly conduct is carried out.
Petition
The right to petition is guaranteed. The responsible authority shall give a reasoned reply.
Economic activity
1 Economic freedom is guaranteed.
2 It includes, among other things, the free choice of the profession, the free access to private economic activity and its free exercise.
Freedom of association
1 Workers, employers and their organizations have the right to form unions for the defence of their interests, to form associations and to join them or not.
2 Conflicts are, as far as possible, resolved through negotiation or mediation.
3 Strikes and collective layoffs are lawful when they relate to labour relations and are in conformity with the obligations to preserve the peace of work or to resort to conciliation.
4 The law may prohibit the use of strikes by certain categories of persons.
Property
1 The property is guaranteed.
2 Full compensation is payable in the event of expropriation or restriction of property that is tantrable to an expropriation.
Procedure
A. In general
1 The parties are entitled to have their case treated fairly and tried within a reasonable time.
2 They have the right to be heard.
3 Decisions must be in writing. The law regulates exceptions.
4 Any person who does not have sufficient resources has the right to free legal assistance, unless his cause appears to be without any chance of success. It also has the right to free assistance from a defender, to the extent that the safeguarding of his rights requires it.
5 The special situation of children, young people and young adults must be taken into account.
B. Access to the judge
Everyone has the right to be tried by a judicial authority. The law may exclude access to the judge in exceptional cases.
C. Judicial procedure
1 Any person whose cause is to be tried in a judicial proceeding has the right to be brought before a court established by law, competent, independent and impartial. Exception courts are prohibited.
2 The debates and the pronouncement are public. The law may provide for exceptions.
D. Criminal procedure
1 Any person is presumed innocent until the person has been convicted in force.
2 Every accused person has the right to be informed, as soon as possible and in detail, of the offences against which he is accused. It must have the opportunity to assert the rights of the defence.
3 A convicted person has the right to refer the judgment to a higher court.
Maternity
1 Every woman is entitled to benefits that guarantee her physical safety before and after childbirth.
2 Maternity insurance covers the loss of earnings.
3 Mothers without gainful employment receive benefits equal to at least the basic minimum subsistence level; those with a gainful occupation on a part-time basis are entitled proportionally.
4 Adoption and birth are put on an equal footing if the adopted child is not the child of the spouse and if his or her age or circumstances warrant it.
Children and youth
1 Children and young people have the right, in the alternative, to the role of the family, to be helped, encouraged and supervised in their development in order to become responsible persons.
2 They are entitled to special protection for their physical and mental integrity, including within their families.
3 To the extent that they are capable of discernment, they themselves exercise their rights.
Elderly
Elderly people are entitled to participation, autonomy, quality of life and respect for their personality.
Distress situations
1 Every person in need has the right to be accommodated in an appropriate manner, to obtain essential medical care and other necessary means to maintain his or her dignity.
2 Any person who is in distress because of a serious offence, a natural disaster or other similar events is entitled to appropriate support.
3 Children and young victims of crime are entitled to special assistance.
Scope of application
The authorities shall ensure that fundamental and social rights, to the extent that they are appropriate, are also carried out in relations between individuals.
Restrictions
1 Any restriction of a fundamental or social right must be based on a legal basis. Serious restrictions must be provided for by law. Serious, direct and imminent danger cases are reserved.
2 Any restriction of a fundamental or social right must be justified by a public interest or by the protection of a fundamental or social right of others.
3 Any restriction of a fundamental or social right must be proportionate to the intended purpose.
4 The essence of fundamental and social rights is inviolable.
Active citizenship
1 Have the right to vote and elect in cantonal matters, if they are major:
2 The law regulates the exclusion of the right to vote and to elect.
Elections
1 The people elect the members of the Grand Council, the members of the Council of State, the prefects and the fribourgeois members of the Council of States.
2 The members of the Council of States shall be elected from among persons domiciled in the canton who have active citizenship in cantonal matters, according to the majority system, at the same time and for the same duration as those of the National Council.
3 The election of members of the National Council is governed by federal law.
People's Initiative
A. Purpose
The purpose of the popular initiative is to:
B. Form and Time
1 The popular initiative can take the form of a draft of all documents or be designed in general terms.
2 It needs to be supported by 6,000 active citizens. The deadline for collecting signatures is 90 days.
C. Validity
The Grand Council invalidates or partially invalidates popular initiatives if they violate higher law, do not respect the unity of form or matter or are unenforceable.
D. Treatment
The popular initiative must be dealt with by the Grand Council and submitted to the people without delay, if necessary at the same time as a counter-project of the Grand Council.
Referendum
A. Required
A popular vote is mandatory:
B. Optional
1 6000 active citizens can request a popular vote on:
2 Signatures must be collected within 90 days.
Active citizenship
1 Have the right to vote and to elect in municipal matters, if they are major:
2 The law regulates the exclusion of the right to vote and to elect.
Commons
A. Elections
Active citizens elect members of the municipal council and, where appropriate, the members of the General Council.
B. Other political rights
1 In the communes without a general council, active citizens exercise their political rights in the communal assembly.
2 In the communes with a general council, active citizens have the right of initiative and of a referendum.
Principles
A. Task Completion
1 State activity is governed by the principles of subsidiarity, transparency and solidarity.
2 In order to carry out the tasks incumbent upon them, the State and the municipalities have public services of quality and proximity.
B. Distribution of tasks between state and municipalities
The law assigns tasks to the public community best able to do so.
C. Completion of tasks by third parties
1 The State and the communes may delegate tasks to third parties, provided that the delegation is provided for in a municipal law or regulation, that it is justified by a preponderant public interest and that legal protection is provided.
2 The organizations and individuals involved are subject to the supervision of the delegated community.
3 The State and the communes may participate in or create enterprises.
Hardware Security
A. Preciousness, unemployment and exclusion
1 The State and the communes take measures to prevent situations of precariousness and set up social assistance.
2 They take measures to alleviate the consequences of unemployment, prevent social or occupational exclusion and promote reintegration.
B. Housing
1 The State and the communes shall ensure that any person can find suitable accommodation for his or her situation.
2 The State promotes housing assistance, housing construction and access to housing.
Economy
A. Promotion
1 The State creates framework conditions conducive to full employment, the diversity of activities and the balance of regions, while respecting the principle of economic freedom.
2 It encourages innovation and the creation of businesses.
B. Monopolies and regales
The state and the communes can create monopolies when the order is in the public interest. Cantonal Regales are reserved.
Families
A. Principles
1 The state and the communes protect and support families in their diversity.
2 The state is developing a comprehensive family policy. It creates framework conditions for reconciling work and family life.
3 The legislation must respect the interests of families.
B. Measures
1 The State shall establish a system of benefits for each child.
2 It provides supplementary benefits for low-age children of families with insufficient financial resources.
3 In collaboration with the municipalities and individuals, the State organises a reception of the early childhood bonus up to the entrance to compulsory school and can set up a after-school reception. These benefits must be financially accessible to all.
Youth
The state and the communes promote the social and political integration of young people.
Relationships between generations
The state and the communes promote understanding and solidarity between the generations.
Vulnerable and Dependent
1 The state and the communes pay particular attention to vulnerable or dependent persons.
2 Their harmonious development must be supported and their social integration promoted.
Training
A. Basic education
1 The State and the communes shall be provided with a compulsory and free basic education open to all children, taking into account the skills of each child.
2 The school ensures the training of children in collaboration with parents and the latter in their educational task. It promotes the personal development and social integration of children and gives them the sense of responsibility towards themselves, others, society and the environment.
3 The first foreign language taught is the other official language.
4 Education respects denominational and political neutrality. Recognized churches and religious communities have the right to organise religious education within the framework of compulsory school.
B. Higher education and research
1 The State provides upper secondary, gymnasium and vocational training. These training courses are accessible to everyone on the basis of their skills and independently of their financial capacity.
2 He provides training at the University and at the high schools.
3 It encourages scientific research.
4 It provides financial assistance to persons in training whose resources are limited.
C. Adult education
The state and the communes encourage adult education.
D. Private schools
1 The state can support private schools whose usefulness is recognised.
2 It monitors those who provide basic education and those that it supports.
Health
1 The State shall promote health and ensure that everyone has access to equal quality of care.
2 It takes measures to protect the population from passive smoke. 1
1 Accepted in popular vote of 30 Nov 2008, in force since 1 Er Jan 2009. Ass guarantee. Fed. June 8, 2010 ( FF 2010 3977 Art. 1 ch. 3 1955).
Foreign and foreign
1 The State and the communes take measures to welcome and integrate foreign and foreign nationals, in the mutual recognition of identities and respect for the fundamental values of the rule of law.
2 The state and the communes facilitate the naturalisation of foreigners and foreigners. The law provides for a right of appeal against refusals of naturalization.
3 For the granting of the right of the city, they only charge an administrative fee.
Humanitarian aid and development cooperation
The state promotes humanitarian aid, development cooperation and fair trade. It promotes exchanges between peoples.
Environment and territory
A. Environment
1 The State and the municipalities shall ensure the protection of the natural environment and combat any form of pollution or nuisance.
2 They promote the use and development of renewable energies.
B. Land use planning
The State and the communes shall ensure judicious and measured use of the soil and the rational occupation of the territory.
C. Nature and cultural heritage
1 The State and the communes preserve the nature and cultural heritage and protect the diversity of fauna and flora and their vital environments.
2 They set up the territory in order to safeguard natural or constructed sites.
3 They promote knowledge of nature and cultural heritage, particularly through training, research and information.
D. Agriculture and forestry
In collaboration with the Confederation, the State promotes and supports agriculture and forestry in their protective, ecological, economic and social functions.
E. Disasters
The State and the municipalities shall take the necessary measures to prevent and control disasters and emergencies.
Public Safety and Order
1 The State and the municipalities ensure the maintenance of security and public order, with respect for fundamental rights.
2 The state holds the monopoly of public power.
Water and energy supply
The state and the municipalities guarantee the supply of water and energy.
Transport and communications
1 The State shall conduct a coordinated transport and communications policy, taking into account the outermost regions.
2 It pays particular attention to safety.
3 It promotes public transport and non-motorised traffic.
Culture
1 The state and the communes encourage and support cultural life in its diversity as well as artistic creation.
2 They encourage cultural cooperation and exchanges between the regions of the canton and with the outside world.
Sport and recreation
The state and the communes promote leisure activities that contribute to balance and personal development. They encourage the practice of sport and the opportunities for decommissioning.
Taxes
1 The State and the municipalities shall collect the taxes and other contributions necessary for the performance of their tasks.
2 They take into account the principles of legality, universality, equality and economic capacity.
3 They are fighting fraud and tax evasion.
Financial Management
A. Principle of economy
1 The state and the municipalities manage public finances with economy.
2 They periodically check that the tasks they perform and the subsidies they grant are always effective, necessary and financially sustainable.
B. Budget balance
1 The state balances its operating budget.
2 However, it takes account of the cyclical situation and possible exceptional financial needs.
3 The deficits created by these situations must be compensated in the following years.
C. Advertising and surveillance
1 Any person may consult the budget and the accounts of the public authorities and their institutions as well as the accounts of other State institutions.
2 The supervision of the finances of the State and of the municipalities is ensured by a body whose independence is guaranteed.
Separation of powers
The authorities are organised according to the principle of the separation of powers.
Eligibility
1 Persons domiciled in the canton who have active citizenship in cantonal matters may be members of the authorities.
2 The law may allow access to the functions of the judicial order to persons of foreign nationality who have been domiciled in the canton for at least five years and to the benefit of an establishment authorisation.
Incompatibilities
1 The following functions are incompatible:
2 The members of the Council of State and the prefects cannot be members of the Federal Assembly. Accumulation with the federal mandate is possible, however, until the end of the current Cantonal function period.
3 The members of the Council of State may not engage in a gainful occupation or any other activity incompatible with their function.
4 The law may provide for other incompatibilities.
Information
1 The authorities shall inform the public about their activity.
2 The members of the Grand Council and the Council of State, as well as the prefects, make public all the special links which attach them to private or public interests.
Freedom of speech and immunity
1 The members of the Grand Council and the Council of State cannot, in principle, be prosecuted for what they say to Parliament and to its organs.
2 The law describes the conditions for lifting the immunity.
Liability
1 Public authorities shall respond to the damage caused by their agents unlawfully in the performance of public duties.
2 The law establishes the conditions of liability for lawful acts.
Acts of the authorities
A. Forms
1 The legislative acts of the Grand Council are in the form of the law or of the parliamentary order; the other acts, that of the decree submitted to the referendum or the simple decree.
2 The legislative acts of the other authorities are in the form of the order or regulation.
B. Urgency
1 An act of the Grand Council whose entry into force does not suffer any delay may be declared urgent and shall be brought into force immediately by a decision taken by a majority of its members. Its validity period must be limited.
2 Where such an act is compulsory in the referendum or the referendum is requested, it shall cease to have effect one year after its adoption by the Grand Council if it has not been accepted by the people within that period.
Role
The Grand Council is the supreme authority of the canton, subject to the rights of the people.
Composition and election
1 The Grand Council consists of 110 deputies and deputies.
2 The members of the Grand Council are elected by the people for a period of five years according to the proportional system.
3 The law defines a maximum of eight electoral circles. It ensures equitable representation of the regions of the canton.
Meetings
1 The Grand Council meets:
2 The plenary meetings are public. The law regulates exceptions.
3 The members of the Grand Council vote without instructions.
4 The Grand Council can validly deliberate only if the majority of its members are present.
Secretariat
The Grand Council has its own secretariat, headed by the Secretary-General or the Secretary-General. It can use the services of the administration.
Relations with the Council of State
1 Under the terms of reference, the Grand Council may cause the Council of State to take measures in a field which is a matter of competence of the latter.
2 The President or President of the Grand Council may, at any time, consult the dossiers of the Council of State on matters concerning the Grand Council.
3 The Secretariat shall, in cooperation with the State Chancellery, ensure relations between the Grand Council and the Council of State.
Skills
A. Legislation
1. In general
1 The Grand Council exercises legislative power.
2 It may propose the revision of the Constitution.
3 A quarter of Members may request a financial referendum (Art. 46, para. 1, let. B. The law establishes the time limit for filing such a request.
2. Intercantonal and International Treaties
1 The Grand Council approves the canton's adherence to inter-cantonal and international treaties.
2 It may delegate this competence to the Council of State for acts of denunciation in the short term or of lesser importance.
3 It may invite the Council of State to enter into negotiations for the conclusion of a treaty or to denounce an existing treaty.
B. Planning
The Grand Council examines the legislative programme and the financial plan of the Council of State.
C. Finance
1 The Grand Council adopts the budget and the annual accounts of the State.
2 It sets the cantonal taxes and the conditions and limits of a new debt.
D. Elections
1 The Grand Council elects:
2 The law may entrust other electoral powers to the Grand Council.
E. High Surveillance
The Grand Council exercises high surveillance over:
F. Other skills
The Grand Council:
Composition and election
1 The Council of State consists of seven members.
2 He was elected by the people, according to the majority system, at the same time as the Grand Council. The electoral district is the canton.
3 The members of the Council of State are elected for five years and cannot sit for more than three full legislatures.
Presidency
The President or President of the Council of State is elected by the Grand Council for a year. She or she is not immediately eligible for reelection.
State Chancellery
The Council of State has its own secretariat, headed by the Chancellor or the Chancellor of State.
Relations with the Grand Council
1 The Council of State informs the Grand Council each year about its activities and the state of implementation of the legislative programme. It also does so whenever the Council requests it.
2 The members of the Council of State shall reply to the Grand Council for their management and the acts of the persons subject to their supervision.
3 The State Chancellery shall, in cooperation with the Secretariat of the Grand Council, ensure relations between the Council of State and the Grand Council.
Skills
A. In general
The Council of State exercises executive power, directs the administration and conducts the policy of the canton.
Legislation
1 The Council of State prepares draft legislative acts for the Grand Council.
2 It lays down rules of law where the Constitution or the law permits it, as well as the enforcement provisions of cantonal or federal laws, to the extent that they are not to be taken in the form of a law.
C. Planning
The Council of State presents the legislative programme and the financial plan to the Grand Council.
D. Finance
1 The Council of State shall submit to the Grand Council the annual budget and accounts of the State.
2 It decides on expenditure as well as acquisitions and disposals of the public domain within the limits set by law.
E. External relations
1 The Council of State represents the canton.
2 It negotiates and signs inter-cantonal and international treaties, subject to the rights of the Grand Council. It regularly informs the Council of the current negotiations.
3 It responds to federal consultations.
F. Monitoring of municipalities
The Council of State shall monitor the municipalities.
G. Appointments
The Council of State makes appointments which are not reserved for another authority.
H. Extraordinary circumstances
The Council of State shall take the necessary measures to deal with serious, direct and imminent dangers. These measures cease to have effect after the danger has disappeared or in the absence of approval by the Grand Council within one year.
Administration
1 The Council of State organises the administration in an appropriate manner.
2 It ensures that it is effective and provides a community service.
Mediation
The Council of State establishes, in administrative matters, an independent mediation body.
Principles
A. General Organization
1 Justice is delivered by the authorities to which the Constitution and the law entrust this task.
2 The law may provide for alternative dispute resolution.
3 The Grand Council gives the judiciary the means to ensure the speed and quality of justice.
B. Independence
1 The independence of the judiciary is guaranteed.
2 The members of the judiciary and the public prosecution service are elected for an indefinite period. They may be revoked by the election authority in the only cases provided for by law.
C. Respect for higher law
The authorities of the civil, criminal and administrative courts do not apply the provisions contrary to the higher law.
Civil, criminal and administrative courts
1 The civil court shall be exercised by:
2 The criminal court is exercised by:
3 The cantonal court is the ordinary authority of the administrative court.
4 The law may establish special judicial authorities.
Cantonal court
1 The cantonal court is the highest authority in civil, criminal and administrative matters.
2 In the last instance, it judges the administrative challenges that the law does not place in the definitive jurisdiction of another authority.
3 The President or President of the cantonal court is elected by the Grand Council for a year. She or she is not immediately eligible for reelection.
Judicial Council
A. Role
The Judicial Council is an independent supervisory authority for the judiciary. He gives his notice in the judicial elections.
B. Composition and election
1 The Judicial Council includes:
2 The members of the Judicial Council are elected by the Grand Council. The first seven are on the proposal of the authority or group of persons of which they are a member, the other two, on the proposal of the Judicial Council.
3 They are elected for five years and cannot sit on the Board for more than two consecutive periods.
C. Monitoring
1 The Judicial Council is responsible for the administrative and disciplinary supervision of the judiciary and the Public Prosecutor's Office.
2 It may delegate to the cantonal court the administrative supervision of the judicial authorities of first instance.
3 It provides annual information to the Grand Council on its activities. The same applies whenever this authority requests it.
D. Elections
The Judicial Council shall notify the Grand Council of the candidates for the positions of the judiciary and the Public Prosecutor's Office, based on the training, professional experience and personal suitability of the candidates; Candidates.
Commons
A. Role and status
1 Municipalities are public authorities with legal personality.
2 Communal autonomy is guaranteed within the limits of the cantonal law. It may be invoked by associations of municipalities in their field of competence.
B. Tasks
1 The communes carry out the tasks which the Constitution and the law confer on them.
2 They ensure the well-being of the population, ensure a sustainable quality of life and have community-based services.
C. Organs
1 May be members of the authorities all persons with active citizenship in communal matters.
2 Each commune has a communal assembly or general council as well as a communal council.
3 Art. 85, 88, para. 1, and 90 apply by analogy to municipalities.
D. Finance
1 Municipalities have autonomy in the fixing and collection of communal taxes and taxes within the limits of the legislation.
2 They establish a financial plan.
Fiscal Equalization
The State is taking measures to mitigate the effects of disparities between municipalities, including financial equalization.
Intercommunal Collaboration
1 The State encourages inter-communal collaboration.
2 Municipalities can join together to perform one or more tasks. They must adhere to all the goals of the association.
3 The State may require municipalities to form part of an association or to establish one.
4 Municipalities can create regional administrative structures.
Mergers
1 The state encourages and encourages mergers of municipalities.
2 A merger can be proposed by the local authorities, by a popular initiative or by the state.
3 The active citizens of the municipalities concerned are pronounced on the merger. L' al. 4 is reserved.
4 Where local, regional or cantonal interests so require, the State may order a merger. The municipalities concerned must be heard.
Principles
1 The State and the communes may, on grounds of public interest, support civil society organisations. They can also consult them.
2 They ensure, in particular with children and young people, the promotion of citizenship and citizenship.
Associations
1 The state and the municipalities recognise the importance of associative life; they can give support to associations and delegate tasks to them.
2 They encourage volunteerism.
Political parties
Political parties make an important contribution to the functioning of democracy; the state and the municipalities can support them financially.
Principles
1 The state and the communes recognise the important role of churches and religious communities in society.
2 Churches and religious communities organize themselves freely in accordance with the legal order.
Recognized churches
1 The State grants a status of public law to the Catholic-Roman and Evangelical-Reformed Churches.
2 The recognized churches are autonomous. Their organisation is subject to state approval.
Other Churches and religious communities
1 Other churches and religious communities are governed by private law.
2 If their social importance justifies it and if they respect fundamental rights, they may be granted public rights or have public legal status.
Taxes
The collection of ecclesiastical taxes is regulated by law.
Total Review
1 The full revision of the Constitution may be requested by the Grand Council or by popular initiative.
2 When the total revision is requested, a popular vote will decide:
3 If the revision is entrusted to a constituent assembly, it shall be elected for five years on the same terms as the Grand Council. There are, however, no incompatibilities.
4 If the people reject the project, the body responsible for the total revision develops a second. In the case of a constituent assembly, the powers of the constituent assembly are extended for two years.
Coming into force and repeal
This Constitution shall enter into force on 1 Er January 2005. On that date, the Constitution of the Canton of Fribourg of 7 May 1857 is hereby repealed. The following provisions are reserved.
Transitional charge
A. Principles
1 The present law must be adapted without delay to this Constitution. Adaptations shall enter into force no later than 1 Er January 2009.
2 In areas where the rules of this Constitution require implementing provisions, the current law shall remain in force until such provisions are adopted.
B. Special provisions
Maternity (art. 33)
1 Cantonal benefits due in case of birth and adoption are paid for at least 14 weeks.
2 Payment must commence no later than 1 Er January 2008.
3 If federal maternity insurance is in place, the entitlement will cease for the benefit of the benefit categories under federal law (mother with [s. 33, para. 2] or without gainful occupation [s. 33, para. 3], adoption [s. 33, para. 4]).
2. Exercise of political rights and eligibility (art. 39, 48 and 131)
1 The Swiss and the Swiss abroad, as well as foreigners and foreigners, can exercise their political rights as early as 1 Er January 2006.
2 Foreign and foreign nationals are eligible from the same date.
3. Pending Constitutional Initiatives (Art. 41 and 99)
The Grand Council formally adapts the text of the constitutional initiatives pending in this Constitution.
4. Grand Council and Council of State
1 The new rules on the Grand Council, in particular its Secretariat (Art. 97), take effect for the period 2007 to 2011.
2 The same applies to the new rules on the Council of State.
5. Judicial power, Public Prosecution and the Judicial Council
1 The Judicial Council is based on 1 Er July 2007. However, it does not start monitoring activity until 1 Er January 2008.
2 The unified cantonal court begins its activity: 1 Er January 2008.
3 The following rules shall apply to the election and duration of the duties of the members of the judiciary and the public prosecutor:
6. Commons (art. 49 to 51 and 129 to 135)
The new rules on municipalities, with the exception of Art. 133 (financial equalization), take effect for the administrative period 2006 to 2011.
Figures refer to articles of the Constitution
State Activity 4, 52
Economic activity 26 cf. Also Economy
Acts of the cantonal authorities
Administration 97, 104, 110, 118
Adoption 33, 148
Adults (Training of) 66
Age (vote and election) 39, 48
Agriculture 74
Humanitarian aid 70
Social Assistance 55
Land use planning 72, 73
Amnesty 105
Water and energy supply 77
Adjudication (Prohibition of) 10
Arms 2
Art
Communal Assembly 50, 131
Constituent Assembly 144
Free legal assistance 29
Association 23, 27, 138
Association of Municipalities 51, 129, 134
Maternity Insurance 33, 148
Communal Autonomy 129, 132
Cantonal Authorities 17, 40, 85-128, 151-152
Communal Authorities 131
Volunteering 138
Common good 3
Bilingualism 6
Good faith 10
Budget
State Goals 3
Canton
Capital 2
Disasters
Censorship 20
Electoral Circles 95
Juvenile Criminal Chamber 123
Scope of fundamental and social rights 37
State Chancellery 98,108, 109
Unemployment 55
Extraordinary circumstances 117
Active citizenship 39, 48, 86, 131, 149
Civics 137
Cantonal cohesion 3
Collaboration
Religious Communities Cf. Churches
Commons
Communications 78
State accounts
Contestants 100, 114
Confederation
Conflicts
Conscience (and belief) 15
Judicial Council 125 to 128, 152
Communal Council 49, 131
Council of States 40
Council of State
General Council 49, 50, 131
National Council 40
Cantonal Constitution Cf. Revision of the Constitution
Constituent Cf. Constituent Assembly
Counter-Project (popular initiative) 44
Development cooperation 70
Same-sex couples 14
Artistic Creation 79
Study credits (Referendum) 46
Belief (Conscience and) 15
Culture
Accumulation of mandates 87
Hazards (extraordinary measures) 117
Decree No. 91
Delegation
Expenditures (Referendum) 45, 46
Distress (Situations of) 36
Development (Cooperation in) 70
Sustainable development 3
Personal Development 63, 64, 80
Duties 7
Human Dignity 8, 36
Final provisions 146 to 153
Districts 136
Cultural diversity 3
Home
Law
Fundamental and social rights 8 to 38
Political rights
Water (supply) 77
School
Economy
Equality 9
Churches
Election
Eligibility 40, 86, 131
Indebtedness 102
Energy
Children 29, 34, 36, 60, 64, 137
Education
Entry into force (of the Constitution) 146
Enterprises
Environment 3, 71 to 75
Balance
Establishment (Freedom of) 16
State
Foreign and foreign
Exercise of political rights 39 to 51, 149
Expropriation 28
Family 3, 9, 12, 13, 34, 59, 60
Woman
Finance
Public Force (monopoly) 76
Forests Cf. Forestry
Training 64 to 67
Common Forms of Living 14
Tax Fraud 81
Passive Smoke 68
Mergers of communes 135
Builds 62
Financial Management 82 to 84
Thanks 105
Grand Council
Strike 27
Disabled 9, 63
High-level schools 65
Man (equality) 9
Immunity 89
Taxes 81, 102, 132, 143
Incompatibilities 87
Independence of the judiciary 121
Information
People's Initiative
Prohibition of arbitrariness 10
Integration
Youth 29, 34, 36, 61, 137
Judge
Civil, criminal and administrative courts 123
Justice
Languages
Legislation
Freedom
Housing 36, 56
Law
Leisure 80
Civil Majority 39, 48
Mandate
Protest (Freedom of) 24
Marriage 13
Maternity 33, 148
Media 20
Mediation
Public Prosecution 103, 126 to 128, 152
Minorities 6
Collective Development 27
Monopoly
Popular Motion 47
Birth 33, 148
Naturalization 69, 105
Nature 71, 73
Appointments 116
Opinion (Freedom of) 19
Order 91
Public Order (Security and) 76
Peace of work 27
Registered partnership 14
Participation
Political parties 139
Cultural Heritage 73
Fiscal Equalization 133
Elderly 35
Vulnerable and Dependent 63
Petition 25
Planning 101, 112
Power
Predecency 55
Prefet 40, 87, 88, 123, 136
Presidency
Presumption of innocence 92
Press Cf. Media
Procedure 29 to 32
Legislature Program 101, 109, 112
Economic Promotion 57
Property 28
Protection
Advertising
Research
Recourse (naturalization) 69
Referendum
Equal 58
Regulation 91
Reintegration 55
Relationships
External relations 5, 100, 114
Religion (free choice) 15 cf. Also Churches
Distribution of tasks between state and municipalities 53
Proportional representation (election of the Grand Council) 95
Liability
Meeting (Freedom of) 24
Revision of the Constitution
Health 36, 68
Science
Meetings (Grand Council) 96
Drafting Secrecy 20
Secretariat
Public Safety and Order 76
Hardware Security 55
Social security 3
Seat (choice of location) 16
Utilities 52
Separation of powers 85
Sessions (Grand Council) 96
Situations
Civil Society 137 to 139
Solidarity
Sport 80
Public Law Statute (churches) 141
Territorial Structure 134 to 136
Subsidiarity 3, 7, 34, 52
Swiss Abroad 39, 149
Grants 82
Monitoring
Forestry 74
Majority System
Proportional System (election to the Grand Council) 95
Public Tasks 52 to 80
Territory
Treaties 100, 114
Transparency 52 cf. Also Advertising
Transport 78
Working
Cantonal court 123, 124, 127, 152
Tribunals
University 65
Urgency 75, 92
Victims (Offence, disaster) 36
Life
