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RS 131.235 Constitution of the Republic and canton of Jura, of 20 March 1977

Original Language Title: RS 131.235 Constitution de la République et canton du Jura, du 20 mars 1977

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131.235

Constitution of the Republic and Canton of Jura

March 20, 1977 (Status on March 11, 2015) 1

The Jurassic People

Conscious of his responsibilities to God, to men and to future generations, wanting to restore his sovereign rights and to create a united community, 2

The Constitution, which reads as follows:

Preamble

The Jurassic people are inspired by the Declaration of Human Rights of 1789, the Universal Declaration of the United Nations proclaimed in 1948 and the 1950 European Convention on Human Rights. 1 .

In accordance with these principles, the Republic and Canton of the Jura, which emerged from the act of free provision of 23 June 1974, determined to build a prosperous society, guaranteeing fundamental rights and respect for the environment, promotes social justice, Encourages cooperation between peoples, plays an active role in the communities for which it claims. 2


1 RS 0.101
2 Accepted in popular vote of 28 Nov 2010, in force since 28 Nov 2010. Ass Warranty. Fed. On March 6, 2012 ( FF 2012 3603 Art. 1 ch. 8, 2011 7403).

I. Sovereignty

Art. 1 State

1 The Jurassian Republic is a democratic and social state based on fraternity.

2 It forms a sovereign canton of the Swiss Confederation.

Art. 2 Exercise of sovereignty

Sovereignty belongs to the people, who exercise it directly or by their representatives.

Art. 3 Language

French is the national and official language of the Republic and Canton of Jura.

Art. 4 Cooperation

1 The Republic and Canton of Jura cooperate with the other cantons of the Swiss Confederation.

2 It strives to ensure close cooperation with its neighbours.

3 It is open to the world and cooperates with peoples concerned with solidarity.

Art. 5 Arms

The coat of arms of the Republic and Canton of Jura are as follows:

Image

" Party of money to the episcopal lacrosse Gules

And Gules three fasces of money."

II. Fundamental rights

Art. 6 Equality before the law

1 Men and women are equal in law.

2 No one shall be adversely affected or benefit from the fact of his birth, origin, race, belief, opinion or social situation.

Art. 7 Human Dignity

1 Human dignity is inviolable.

2 Every human being has the right to the free development of his personality and equal opportunities.

Art. 8 Freedoms

Individual freedom is guaranteed.

These include:

A.
The right to life and physical and moral integrity;
B.
The right to respect for private and home life;
C.
The right to enter into marriage and to have a family life;
D.
The right to raise and educate their children;
E.
Freedom of thought, conscience and religion;
F.
Freedom to have, express and disseminate opinions, in particular freedom of the press;
G.
Freedom of association, assembly and public demonstration;
H.
Freedom of study and teaching;
I.
Freedom of art and research;
J.
The freedom to choose and practise a profession;
K.
Freedom of trade and industry;
L.
Freedom of establishment;
M.
Freedom of access to public office.
Art. Legal protection in general

1 No one shall be exempt from his or her natural justice.

2 Any party must be heard before it is decided on its case.

3 Everyone has the right to consult the file of his or her case, except in cases provided for by law.

4 Parties without the necessary resources are entitled to free legal assistance under the law.

Art. 10 1

1 Repealed popular vote of 30 Nov 2008, with effect from 1 Er Jan. 2011. Ass Warranty. Fed. Of Dec 10. 2009 ( FF 2009 8295 Art. 1 ch. 5 5361).

Art. 11 Censorship

Censorship is prohibited.

Art. 12 Property

1 The property, recognized in its private function and in its social function, is guaranteed within the limits of the law.

2 Expropriation shall be entitled to a fair compensation, if possible.

3 In a preponderant public interest, the State shall take measures to prevent the abusive exercise of ownership, particularly in relation to the ground, housing and important means of production.

4 The state promotes farmers' access to rural land ownership.

5 The law may confer a right of preemption to the State and the municipalities where the overriding public interest so requires.

Art. 13 Limits of fundamental rights

Fundamental rights can be limited only by law and in the sole measure of overriding public interest.

Art. 14 Effects of fundamental rights

1 All public power is limited by fundamental rights.

2 Everyone exercises his or her fundamental rights while respecting the rights of others.

Art. 15 Duties

Everyone is obliged to carry out their legal duties towards the state and the municipalities.

Art. 16 Freedom of the City

1 The law regulates the conditions and procedure for acquiring the right of cantonal and communal city.

2 The municipal right of city is the basis for cantonal citizenship.

III. The tasks of the State

1. Family

Art. 17

1 The State protects and supports the family, the natural and fundamental unit of society.

2 It strengthens its role in the community.

2. Social security

Art. 18 Principle

1 The state and the municipalities promote general welfare and social security.

2 In particular, they protect people who need help because of their age, health and economic or social situation.

3 They encourage the integration of migrants into the Jurassic social environment.

Art. 19 Right to work

1 The right to work is recognized.

2 With the help of the municipalities, the State strives to promote full employment.

3 Every worker is entitled to the wage which ensures a decent standard of living.

4 The State shall encourage occupational reclassification.

5 It promotes the economic and social integration of persons with disabilities.

Art. Protection of workers

To ensure the protection of workers, the State shall:

A.
Organises compulsory unemployment insurance;
B.
Institutes occupational medicine;
C.
Legislates on working conditions;
D.
Promotes the participation of workers in enterprises;
E.
Protects workers and their representatives in the exercise of their rights;
F.
Ensures the application of the principle of equal pay for equal work;
G.
Recognizes the right to strike; the law determines public services where it can be regulated.
Art. Social Peace

The State establishes a cantonal conciliation and arbitration body responsible for intervening in social conflicts.

Art. Right to housing

1 The right to housing is recognized.

2 The State and the communes shall ensure that all persons obtain, on reasonable terms, suitable accommodation.

3 They take measures to protect tenants from abuse.

Art. Insurance and social benefits

1 The state and the communes can supplement the insurance and social benefits of the Confederation and create others.

2 The State generalizes the family allowances.

3 For the financing of insurance and social benefits, the law is based on the principle of solidarity.

3. Social Assistance

Art. 24

Social assistance is the responsibility of the State and the municipalities.

4. Public Health

Art. 25 General protection

1 The State and the communes shall ensure public health and hygiene.

2 They promote preventive medicine and encourage activities to provide care for the sick and the disabled.

3 The State regulates and controls the exercise of medical and paramedical professions.

Art. 26 Organization of the Hospital System 1

1 The State organises and coordinates the entire hospital system and associated medical services.

2 He is able to interview them. 2

3 It entrusting management to a public law institution. 3


1 Accepted in popular vote of 28 Nov 1993, in force since 28 Nov 1993. Ass guarantee. Fed. Of Sept. 16. 1996 (FF 1996 IV 882 art. 1 ch. 8, I 1249).
2 Accepted in popular vote of 26. 2004, in effect since 1 Er Jan 2005. Ass Warranty. Fed. On 6 Oct. 2005 ( FF 2005 5625 Art. 1 ch. 7 2715).
3 Accepted in popular vote of 28 Nov 1993, in force since 28 Nov 1993. Ass guarantee. Fed. Of Sept. 16. 1996 (FF 1996 IV 882 art. 1 ch. 8, I 1249).

Art. 27 Home Care

The State promotes home care.

Art. 28 Health Police

The state organises the health police.

Art. Insurance

1 Insurance in the event of sickness, accident and maternity is compulsory.

2 The State favours the assumption of the cost of dental care by sickness insurance.

Art. Sport

The State encourages the general practice of sport.

Art. Public Health Council

1 The State shall establish the Public Health Council.

2 The law regulates the composition, functioning and competences.

5. School

Art. 32 Mission

1 The school's mission is to ensure the full development of the children.

2 It assumes, in solidarity with the family, their education and training.

3 It forms free beings, aware of their responsibilities and able to take charge of their own destiny.

Art. 33 Obligation

School is compulsory.

Art. 34 Public Schools

1 The state organises and controls public school.

2 Access to the nursery school is guaranteed.

3 Education is free of charge.

4 The public school respects freedom of thought, conscience and religion.

Art. 35 Task Breakdown

1 Kindergarten and compulsory school are the responsibility of the State and the municipalities.

2 High schools, vocational schools, vocational schools and business schools are the responsibility of the state.

3 In some cases, vocational training can be entrusted to private institutions.

4 The State shall take the initial and permanent training of the teaching profession.

Art. 36 Training for the disabled

The State shall maintain or encourage specialized establishments in which persons with disabilities receive training adapted to their condition.

Art. Off-Township Training

The State creates, if necessary by conventions, the possibility of acquiring certain training courses which are not provided in the canton.

Art. 38 Private schools

1 The right to open private schools is guaranteed within the limits of the law.

2 The State shall support private schools under the conditions laid down by law.

Art. 39 Monitoring

All schools are under state supervision.

Art. 40 Right to training

1 The right to training is recognized.

2 The State and the communes facilitate attendance at schools and universities, as well as vocational training in general.

Art. School Board

1 The State shall establish the School Board.

2 The law regulates the composition, functioning and competences.

6. Adult culture and education

Art. Cultural activities

1 The State and the municipalities support cultural activities in the field of creation, research, animation and dissemination.

2 They shall ensure and contribute to the conservation, enrichment and enhancement of the Jurassic heritage, in particular of the patois.

3 They promote the illustration of the French language.

Art. 43 Adult Education

The state and the communes encourage adult education.

7. The Office for the Status of Women

Art. 44

The State shall establish the Office for the Status of Women, whose tasks include:

A.
Improving the status of women;
B.
To promote women's access to all levels of responsibility;
C.
To eliminate discrimination against which it may be subject.

7 Bis . 3 Sustainable development

Art. 44 A

1 The State and the communes shall ensure the balance between the preservation of the natural environment and the demands of economic and social life.

2 In carrying out their tasks, they respect the principles of sustainable development and take into account the interests of future generations.

8. Environment and territory

Art. 45 Protection of the environment

1 The state and the communes protect man and his natural environment from nuisance; they fight in particular the pollution of air, soil, water, and noise.

2 They safeguard the beauty and originality of the landscapes, as well as the natural and architectural heritage.

3 The state protects the fauna and flora, especially the forest.

4 It regulates the practice of hunting and fishing.

Art. Land use planning

1 The state and the communes ensure judicious use of the land and a rational occupation of the territory.

2 They shall, as far as possible, safeguard the forest area and the agricultural area, where forestry and agriculture remain a priority.

3 They reserve the necessary space for the development of the economy and of the channels of communication.

4 They strive to provide common use of places that are particularly conducive to health and recreation.

5 They consider the views of the populations involved.

9. The Economy

Art. Development of the economy

1 The State shall encourage the economic development of the canton; it shall take account of the needs of the regions and ensure the diversification of activities.

2 To this end, it can create services and support institutions, including an Economic and Social Council and an Economic Development Board.

Art. 48 Constructions and Routes

The state legislates on buildings and roads.

Art. Public transport

The state favours public transport.

Art. 50 Natural Resources

The state controls the exploitation of natural resources.

Art. Agricultural Policy

The state defines an agricultural policy.

10. Consumer protection

Art.

The state considers the interests of consumers.

11. Humanitarian aid

Art.

The State promotes humanitarian assistance and cooperates with the development of disadvantaged peoples.

12. Public Order

Art.

The state and the communes ensure public order, security and tranquility.

IV. Organization of the State

1. General Principles

Art. Separation of powers

The legislative, executive and judicial powers are separated.

Art. 56 Basis for public acts

1 Any act of authority must be based on the principles of law and good faith.

2 It must be appropriate for its purpose.

Art. 57 Liability

The State and the communes shall respond to the damage caused by the authorities and officials, without the right, in the performance of their duties.

Art. Retroactivity of Laws

Laws cannot have retroactive effect if they impose new burdens or obligations on individuals or municipalities.

Art. Delegation of expertise

1 The people, Parliament and the Government can delegate their powers under the law.

2 As far as the people and Parliament are concerned, the law limits the purpose of each delegation and clarifies its purpose and scope.

Art. 60 Right of necessity

The law provides that powers under the Constitution may, in the event of war or disaster, be temporarily conferred on Parliament or the Government.

Art. 61 Legal Information and Mediation

1 The State organises a legal information service in principle free of charge.

2 It may establish an independent administrative mediation body.

S. 62 Incompatible Features

1 No one can exercise two of the following functions simultaneously: a Member of Parliament, a member of the Government, a permanent judge, a prosecutor.

2 Members of the Government may not belong to a district or commune authority.

3 Permanent judges may not be part of a municipal authority or other district authority.

4 The mandate of the federal parliamentarian is incompatible with the following functions: a member of the cantonal parliament, a permanent judge, a prosecutor and a member of the Government. 1

5 ... 2

6 The law regulates cases of incompatibility with regard to non-permanent judges and civil servants.


1 Accepted in popular vote of 5 April 1987, in force since 5 April 1987. Ass Warranty. Fed. March 9, 1988 (FF) 1988 I 1392 art. 1 ch. 5 221).
2 Repealed popular vote of April 5, 1987, effective April 5, 1987. Ass Warranty. Fed. March 9, 1988 (FF) 1988 I 1392 art. 1 ch. 5 221).

S. 63 Incompatibility between parents

The law regulates the incompatibilities of duties between parents and allies.

Art. 64 Dual Activity

The office of a member of the Government or of a permanent judge is incompatible with any other remunerated activity.

Art. Function Duration

1 Members of Parliament, members of the Government, judges, prosecutors and members of the district and commune authorities shall be elected for five years. 1

2 The Presidents and Vice-Presidents of the Parliament, the Government and the cantonal court are elected for one year.

3 Any person elected during the period shall carry out his or her term of office until the end of the term.


1 Accepted in popular vote of 7 March 2010, in force since 1 Er Jul. 2010. Ass Warranty. Fed. March 2, 2011 ( FF 2011 2737 Art. 1 ch. 5, 2010 7239).

Art. 66 Reelection

1 Members of the Council of States and Members of Parliament are only re-elected twice consecutively.

2 Government members are only eligible for re-election twice. 1

3 The Presidents and Vice-Presidents of the Parliament, the Government and the cantonal court are not immediately eligible for re-election.

4 Members of other state and district authorities are freely eligible for re-election.


1 Accepted in popular vote of 7 March 2010, in force since 1 Er Jul. 2010. Ass Warranty. Fed. March 2, 2011 ( FF 2011 2737 Art. 1 ch. 5, 2010 7239).

Art. 67 Advertising of debates

The debates of Parliament and of the general councils are public.

Art. 68 Public Information

1 The cantonal and communal authorities inform the people about their activity.

2 They publish important projects in a way that allows for public discussion.

Art. 69 Headquarters of the authorities

1 Parliament and the Government have their seat in Delémont.

2 The cantonal court and the Court of First Instance are based in Porrentruy. 1

3 Cantonal administration is decentralized.


1 Accepted in popular vote of 29 Nov 1998, in force since 1 Er Jan 2001. Ass Warranty. Fed. On 14 June 2000 ( FF 2000 3419 Art. 1 ch. 9 1048).

2. Political rights

Art. Electors

1 Voters in cantonal matters are all men and women with Swiss citizenship, who are at least 18 years of age and domiciled in the canton.

2 ... 1

3 The voters in the commune are all men and women with Swiss citizenship, who are at least 18 years old and domiciled in the municipality.

4 The law regulates cases in which an elector is deprived of his or her political rights.


1 Repealed popular vote of 29 Nov 1998, with effect from 1 Er Jan 2001. Ass Warranty. Fed. On 14 June 2000 ( FF 2000 3419 Art. 1 ch. 9 1048).

Art. Content of political rights

Every elector has the right to:

A.
Take part in elections and popular votes;
B.
To be elected to a public service under the conditions laid down in the Constitution and the law;
C.
To sign initiatives and referendums.
Art. 72 Outside Jurassians

The law regulates the political rights of the Jurassians established outside the canton.

Art. Foreigners

The law defines and regulates the right to vote and other political rights of foreigners.

S. 74 Popular Elections

1 The electors of the township elect:

A.
Members of Parliament and alternates;
B.
Members of the Government;
C.
Members of the Council of States.

2 ... 1

3 Voters in the commune read:

A.
General advisors;
B.
The mayor and local councillors;
C.
Members of other communal bodies if provided for by the law or the communal regulation.

4 The popular elections are held by secret ballot.

5 Members of the Council of States, Members of Parliament and members of the General Councils shall be elected by proportional representation.

6 The members of the Government and the mayors are elected by majority vote. 2


1 Repealed popular vote of 29 Nov 1998, with effect from 1 Er Jan 2001. Ass Warranty. Fed. On 14 June 2000 ( FF 2000 3419 Art. 1 ch. 9 1048).
2 Accepted in popular vote of 29 Nov 1998, in force since 1 Er Jan 2001. Ass Warranty. Fed. On 14 June 2000 ( FF 2000 3419 Art. 1 ch. 9 1048).

Art. 75 Cantonal Popular Initiative:

1 Two thousand electors or eight communes may request by a popular initiative designed in general or written terms, the adoption, amendment or repeal of constitutional provisions or laws. 1

2 Five thousand voters can ask in general terms for Parliament to exercise the right of initiative of the state in federal matters.

3 The initiative must be in line with higher law, concern only one area and not be impossible, otherwise Parliament will not rule it out. 2

4 The initiative may be withdrawn subject to the conditions laid down by law.


1 Accepted in popular vote of 26. 2004, in effect since 1 Er Seven. 2006. Ass Warranty. Fed. On 6 Oct. 2005 ( FF 2005 5625 Art. 1 ch. 7 2715).
2 Accepted in popular vote of 26. 2004, in effect since 1 Er Seven. 2006. Ass Warranty. Fed. On 6 Oct. 2005 ( FF 2005 5625 Art. 1 ch. 7 2715).

Art. 76 Cantonal Popular Initiative:

1 Parliament decides whether the provisions it adopts or modify as a result of an initiative conceived in general terms are included in the Constitution or in the law. 1

2 If Parliament decides not to act on a valid initiative or does not comply with it within two years, it shall be presented to the popular vote.

3 Parliament can put a counter-project against any initiative.

4 If the people accept an initiative designed in general terms, Parliament must comply with it within two years. 2

5 If the people accept both the initiative and the counterproject, the project which received the largest number of votes is adopted.


1 Accepted in popular vote of 26. 2004, in effect since 1 Er Seven. 2006. Ass Warranty. Fed. On 6 Oct. 2005 ( FF 2005 5625 Art. 1 ch. 7 2715).
2 Accepted in popular vote of 26. 2004, in effect since 1 Er Seven. 2006. Ass Warranty. Fed. On 6 Oct. 2005 ( FF 2005 5625 Art. 1 ch. 7 2715).

Art. 77 Referendum required

The following are popular votes:

A.
The principle of full revision of the Constitution and, at the same time, the constitutional addendum which sets out the modalities;
B.
Constitutional provisions;
C.
Initiatives to which Parliament does not act;
D.
Any expenditure not determined by law, if it is a single expenditure of more than five hundredths of the amount of the revenue credited to the last budget or a periodic expenditure greater than five thousandths of the same amount;
E.
Laws and orders that incur expenses that are subject to a mandatory referendum;
F.
Treaties, concordats and other public law conventions that derogate from the Constitution, supplement it or incur expenses that are subject to the compulsory referendum;
G. 1
The budget of the State in accordance with art. 123 A , para. 4 and 6.

1 Accepted in popular vote of 17 May 2009, in force since 1 Er Jan. 2011. Ass Warranty. Fed. Of Dec 8. 2010 ( FF 2011 255 Art. 1 ch. 5, 2010 4463).

S. 78 Optional Referendum

The popular vote is whether two thousand voters or eight communes ask:

A.
Laws;
B.
Any expenditure not determined by law, if it is a single expenditure of more than five thousandths of the amount of the revenue credited to the last budget or a periodic expenditure greater than five thousandths of the same amount;
C.
Treaties, concordats and other public law conventions that derogate from the law, supplement it or incur expenses that are subject to an optional referendum;
D.
Real estate transactions, bonds and participation in an economic enterprise, if the amounts involved are more than five thousandths of the amount of the revenues received in the last budget;
E.
Plans in cases provided for by law;
F.
Government-related initiatives in the federal field.
Art. Referendum on Parliament's decision

Parliament may submit to the popular vote any decision it has taken.

Art. 80 Right of petition

1 Everyone has the right to petition the authorities.

2 Any authority that has a petition is required to process and respond to it.

Art. Political parties

The State recognises the role of political parties and promotes their activity.

3. Parliament

Art. Role

1 Parliament is the main representative of the people.

2 It determines the policy of the canton.

3 It exercises legislative power, subject to the rights of the people.

4 It exercises high supervision over the Government, the administration and the judicial authorities.

Art. 83 Legislative jurisdiction

1 Parliament:

A.
Elaborate the constitutional provisions in the event of partial revision of the Constitution,
B.
Enacts laws, including laws that regulate the introduction of federal law.

2 It enacts decrees that enforce the important enforcement provisions of federal law and cantonal laws.

3 Draft constitutional provisions, laws and decrees are the subject of two readings.

Art. 84 Other skills

Subject to the rights of the people, Parliament:

A.
Elects the members of the cantonal court, the prosecutor and the members of other authorities designated by law;
B.
Approves treaties, concordats and other public law conventions that are not exclusive to the Government;
C.
Discusses the government's agenda and its implementation;
D.
Approves the cantonal plans relating to the economy, construction and spatial planning and determines its compulsory nature;
E.
Approves the financial plans of the Eta;
F.
Adopts the budget and approves the accounts;
G.
Any expenditure not determined by law, if it is a single amount greater than five thousandths of the amount of the income in the last budget or a periodic expenditure greater than five hundred-thousandths of that amount;
H.
A decision on the conclusion of real estate transactions, the granting of suretyships and the participation in economic undertakings if the amounts involved are greater than five thousandths of the amount of the revenue credited to the last budget;
I.
Authorizes public borrowing;
J.
Approves the management reports of the Government, the courts and the autonomous cantonal institutions;
K.
Determines conflicts of jurisdiction in which the Constitutional Court is a party;
L.
Exercises the right of grace;
M.
Grant amnesties;
N.
Pronounces on the Government's response to federal consultations on important matters;
O.
Exercises the right of initiative of the State in federal matters;
P.
Exercises the right to request, together with other cantons, the extraordinary convocation of the Federal Assembly and the presentation of a federal law or federal order to the popular vote;
Q.
Exercise any other jurisdiction conferred upon it by the Constitution or the law.
Art. 85 Composition

1 There are 60 Members of Parliament.

2 The law regulates the election of substitutes.

Art. 86 Election

1 For the election of Parliament, each district forms an electoral district.

2 Three seats are allocated ex officio to each electoral district, with the remainder allocated proportionally to the population.

Art. Convocation

The Parliament shall meet, on convocation by the President:

A.
In the cases provided for in the regulation;
B.
When he or she so decides;
C.
Upon request by the Government;
D.
When twelve Members require it, indicating the objects to be treated.
Art. Independence of parliamentarians

1 Members are free to fulfil their mandate.

2 They cannot be prosecuted for what they say in the exercise of their mandate.

3 They are only accountable to Parliament.

4. Government

Art. 89 Role

1 The Government conducted the policy of the canton.

2 He exercises executive power and directs the administration.

3 He represents the state.

Art. Legislation

1 The Government is involved in the drafting of legislation and may propose to Parliament any constitutional provision, law or decree.

2 Subject to the jurisdiction of Parliament, it enacts ordinances that enforce federal law, laws and cantonal decrees.

Art. 91 Emergency law

1 In the event of an emergency, the Government may issue ordinances and take measures that derogate from orders, decrees or laws.

2 Such orders and measures shall remain in force until such time as the necessary provisions have been made in accordance with the Constitution, but at most one year.

Art. 92 Other skills

1 The Government, subject to the competence of the people and Parliament:

A.
Appoints civil servants and any other person in charge of a cantonal public service;
B.
Stops any expenditure that is not determined by law;
C.
Decides on the conclusion of real estate transactions, the granting of bonds and participation in economic enterprises.

2 In addition, the Government:

A.
Concludes the conventions of public law relating to minor matters;
B.
Present to Parliament, at the beginning of the legislature, a general policy agenda;
C.
Present to Parliament at the end of the parliamentary term a report on the implementation of its programme;
D.
Plans, subject to the powers of Parliament, the activities of the State and provides for the implementation of the plans;
E.
Prepares and submits to Parliament the budget and accounts of the Eta;
F.
Administers the assets and finances of the Eta;
G.
Ensures public order and has, for this purpose, cantonal military forces:
H.
Executes laws, decrees and orders, as well as judgments;
I.
Coordinates the activities of the authorities and organises administration within the limits of the law;
J.
Undertakes the monitoring of municipalities;
K.
Monitors self-governing cantonal institutions;
L.
Adjudicates complaints and appeals in cases provided for by law;
M.
Grants Cantonal citizenship;
N.
Responds, subject to the powers of Parliament, to consultations with federal authorities;
O.
Consults and regularly informs federal parliamentarians;
P.
Exercises any other jurisdiction conferred on it by the law or that is not vested in a particular authority.
Art. 93 Composition and election

1 The Government consists of five members.

2 For the election of the Government, the canton forms a single constituency.

Art. 94 Chairperson and Vice-Chairperson

The President and the Vice-President of the Government are elected by Parliament.

Art. 95 College

1 The Government is acting in college.

2 Important cases are still within its remit.

Art. 96 Departments

1 Each member of the Government heads a department whose duties are fixed by law.

2 Coordination between departments must be ensured.

Art. 97 Relations with Parliament

1 The Government may submit proposals to Parliament.

2 He attends the sittings of Parliament and may intervene on each subject.

Art. 98 External Jurassic Advisory Council

The State shall establish the Consultative Council of Jurassians domiciled outside the canton.

Art. Administration

1 Every public servant is at the service of the people.

2 Administration must be efficient and economical.

Art. 100 Stand-alone institutions or institutions

The law may entrust certain tasks of the State to autonomous institutions or institutions.

5. The Judicial Authorities

Art. 101 Independence

The courts are independent.

Art. 102 1 Courts of first instance

1 The Court of First Instance shall have jurisdiction over the whole of the territory of the Court of First Instance. 2

2 The Court of First Instance shall act in the first instance in cases provided for by law.


1 Accepted in popular vote of 29 Nov 1998, in force since 1 Er Jan 2001. Ass Warranty. Fed. On 14 June 2000 ( FF 2000 3419 Art. 1 ch. 9 1048).
2 Accepted in popular vote of 30 Nov 2008, in force since 1 Er Jan. 2011. Ass Warranty. Fed. Of Dec 10. 2009 ( FF 2009 8295 Art. 1 ch. 5 5361).

Art. 103 1 Cantonal court

A second instance court is delivered by the cantonal court.


1 Accepted in popular vote of 30 Nov 2008, in force since 1 Er Jan. 2011. Ass Warranty. Fed. Of Dec 10. 2009 ( FF 2009 8295 Art. 1 ch. 5 5361).

Art. 104 Constitutional Court

1 The Constitutional Court of the cantonal court controls, upon request and before implementation, the constitutionality of laws. 1

2 It judges within the limits of the law:

A.
Disputes relating to the validity of decrees, orders, orders and cantonal and communal regulations;
B.
Disputes relating to the autonomy of municipalities, recognized churches and their parishes;
C.
Disputes relating to the exercise of political rights, the validity of elections and cantonal votes and, on appeal, elections and votes held in districts and communes;
D.
Conflicts of jurisdiction between cantonal authorities, unless the Constitutional Court itself is a party;
E.
Other disputes as specified by law.

1 Accepted in popular vote of 30 Nov 2008, in force since 1 Er Jan. 2011. Ass Warranty. Fed. Of Dec 10. 2009 ( FF 2009 8295 Art. 1 ch. 5 5361).

Art. 105 Miners

In criminal matters, the protection of minors is a particular jurisdiction.

Art. 106 1 Criminal and Public Prosecution

Public action shall be carried out by the public prosecutor.


1 Accepted in popular vote of 30 Nov 2008, in force since 1 Er Jan. 2011. Ass Warranty. Fed. Of Dec 10. 2009 ( FF 2009 8295 Art. 1 ch. 5 5361).

Art. 107 1 Organization, Skills and Procedure

The law regulates the election of judicial authorities, their organisation and their powers, as well as the procedure within the limits of federal law.


1 Accepted in popular vote of 30 Nov 2008, in force since 1 Er Jan. 2011. Ass Warranty. Fed. Of Dec 10. 2009 ( FF 2009 8295 Art. 1 ch. 5 5361).

Districts and communes

1. Districts

S. 108 Status

1 Districts are administrative districts of the canton. 1

2 The law regulates the organization.

3 It sets out the method of election of the authorities and their powers.

4 ... 2


1 Accepted in popular vote of 29 Nov 1998, in force since 1 Er Jan 2001. Ass Warranty. Fed. On 14 June 2000 ( FF 2000 3419 Art. 1 ch. 9 1048).
2 Repealed popular vote of 29 Nov 1998, with effect from 1 Er Jan 2001. Ass Warranty. Fed. On 14 June 2000 ( FF 2000 3419 Art. 1 ch. 9 1048).

S. 109 Number and extent

1 The territory of the canton is divided into three districts: Delémont, Les Franches-Montagnes, Porrentruy.

2 Districts are defined by law.

2. The Municipalities

A. General provisions

Art. 110 Legal nature and autonomy

1 Municipalities and trade unions in municipalities are communities of public law.

2 Their existence and autonomy are guaranteed within the limits of the Constitution and the law.

S. 111 Monitoring

1 The communes are under the supervision of the Government.

2 The Government shall, in particular, supervise their financial management and the execution of the tasks referred to them by the Confederation and the canton.

3 If there are any irregularities, the Government shall take the measures provided for by law.

4 In serious cases, it may suspend the organs of the commune and replace them with an extraordinary administration.

5 Where the organs of the commune cannot be constituted, the Government shall establish an extraordinary administration.

Art. 112 Merge, divide, limit limits

1 The communes cannot change their boundaries, merge, divide or be attached to another district without the agreement of their constituents and the approval of Parliament.

2 The state facilitates mergers of municipalities.

3 Under the conditions and in exceptional cases provided for by law, Parliament may decide to merge two or more municipalities, or to change the boundaries between communes.

Art. 113 Syndicates of communes

1 For certain tasks of common interest, the communes have the right to group together in trade unions which may include municipalities outside the canton.

2 The Constitution and the Rules of Procedure of the Union shall be adopted by the municipalities in question and approved by the Government.

3 The Government exercises the same monitoring of common trade unions as on the communes.

4 In cases provided for by law, the Government may decide to establish a union of communes and establish its constituent instrument and settlement.

B. Municipal municipalities

Art. 114 Tasks

The municipal municipality carries out the local tasks which are neither the responsibility of the Confederation nor the canton.

Art. 115 Organization

1 The municipal commune gives itself an organisational settlement.

2 This regulation must be adopted by the electoral body and approved by the Government.

3 The Government gives its approval if the regulation is in conformity with the Constitution and the law.

Art. 116 Organs

The municipality must have the following organs:

A.
The electoral body;
B.
The communal council;
C.
Standing committees prescribed by law.
Art. Electoral Corps

1 Communal sovereignty belongs to the electorate.

2 The electoral body expresses its will in a communal assembly or by means of a vote.

3 The powers of the electoral body, the organisation and functioning of the municipal assembly, the elections and the right of initiative are regulated by the law, which may refer to the municipal regulation.

Art. 118 General Council

1 The communal assembly may be replaced by a general council.

2 The election, the powers, the organisation and functioning of the General Council, as well as the referendum against its decisions, shall be governed by the law which may refer to the communal regulation.

S. 119 Communal Council

1 The municipal council is the executive and administrative authority of the municipality.

2 It is chaired by the mayor.

3 The election, the powers, the organisation and the functioning of the council are regulated by the law, which may refer to the communal regulation.

C. Other communes

Art. 120

In addition to municipal municipalities, the canton has mixed municipalities, bourgeois municipalities and sections of commune, the law of which regulates the status.

VI. Finance

1. Taxes and royalties

Art. 121 Fiscal Sovereignty

1 The State and the municipalities shall collect the taxes and other public contributions necessary for the performance of their tasks.

2 Public contributions are set up and, for the most part, regulated by law.

Art. 122 Tax Devoir

Taxpayers are jointly and severally participating according to their economic capacity, to the burdens of the state and the municipalities.

2. Public finance management

Art. 123 General provisions

1 The state and the communes must be administered in a spirit of economy.

2 The state manages its finances based on the needs of the canton as a whole.

3 State and communes draw up financial plans based on public task planning.

4 The principles of public finance management are regulated by law.

5 The state organises the control of cantonal and communal finances.

Art. 123 A 1 Frein to Debt

1 The State budget must have a level of self-financing equal to or greater than 80 %.

2 In the case of discovery on the balance sheet or if the gross debt is more than one and a half times the amount budgeted for the cantonal taxes, the degree of self-financing must be at least 100 %.

3 Parliament may, by a majority of at least two thirds of the Members of Parliament, derogate from paras. 1 and 2 if extraordinary circumstances justify it; however, it cannot derogate from it for two consecutive years.

4 Where the two-thirds majority of Members cannot be reached or when Parliament has derogated from paras. 1 and 2 the previous year, the budget which does not meet the conditions of these is subject to the compulsory referendum.

5 If the people accept the budget, the derogation within the meaning of para. 3 may apply to the next budget.

6 If the people reject the budget, Parliament adopts a new one. If it does not meet the conditions of s. 1 and 2, it is subject to the compulsory referendum.

7 Moreover, the law regulates the terms of the debt brake.


1 Accepted in popular vote of 17 May 2009, in force since 1 Er Jan. 2011. Ass Warranty. Fed. Of Dec 8. 2010 ( FF 2011 255 Art. 1 ch. 5, 2010 4463).

Art. 124 Account and Budget Publicity

The budget and the accounts of the State, those of the municipalities, the trade unions of municipalities, their institutions and institutions, are public.

Art. 125 Funding

Any bill, decree or order entailing expenditure shall be accompanied by a financing plan.

3. Fiscal Equalization

Art.

The State is taking measures to alleviate the inequalities between municipalities of different economic and financial capacity.

4. Self-Governing Economic Institutions

Art. 127 Cantonal Bank

1 The state creates a cantonal bank under its supervision.

2 It guarantees its commitments.

3 The cantonal bank supports the economic policy of the canton.

S. 128 Other institutions

The state, municipalities and trade unions of communes may participate in or create economic enterprises.

5. The Regales

Art. 129

The regal of mines and the regale of salts are reserved for the state.

VII. The Church and the State

Art. 130 Recognized churches

1 The Roman Catholic Church and the Evangelical Reformed Church in the canton are recognized as communities of public law.

2 Parliament can recognise as such other important and sustainable churches.

3 Other religious communities are subject to private law.

Art. 131 Autonomy

1 Recognized churches are self-organizing.

2 Each recognized Church gives itself an ecclesiastical constitution, which must be adopted by its members and approved by the Government.

3 The Government must approve the ecclesiastical constitution if it is adopted in accordance with democratic principles and in conformity with the Constitution and the law.

S. 132 Belonging to a recognized Church

1 Each resident of the canton belongs to the Church of his confession if he fulfils the conditions that it requires.

2 Any member of a recognized Church may issue a written statement.

Art. 133 Paroisses

1 The recognized churches set up the cantonal territory in parishes, according to the provisions of their ecclesiastical constitution

2 Parishes are communities of public law

Art. 134 Finance

1 Recognized churches or their parishes may collect taxes in the form of supplements to taxes specified by law.

2 The state and the municipalities co-operate in the collection of ecclesiastical taxes through their administrative services.

3 Decisions of the recognized churches or their parishes in respect of taxes are subject to appeal in accordance with the law. 1

4 The law regulates cases in which the state pays subsidies to the churches.


1 Accepted in popular vote of 30 Nov 2008, in force since 1 Er Jan. 2011. Ass Warranty. Fed. Of Dec 10. 2009 ( FF 2009 8295 Art. 1 ch. 5 5361).

VIII. Revision of the Constitution

Art. 135 Principle

1 The Constitution may be revised in whole or in part.

2 Any revision must be subject to popular vote.

Art. 136 Partial Revision

1 The partial revision follows the ordinary legislative procedure.

2 It can be for one or more items.

3 It should concern only one subject.

Art. 137 Total Revision

1 The total revision of the Constitution is proposed to the people by popular initiative or by Parliament.

2 A constitutional add-on in good standing.

3 If the Constitutional Addendum is rejected, Parliament shall submit to the people a new draft within one year.

Art. 138 1 Territorial changes

The Republic and Canton of Jura may host any part of the territory of Jurassian directly concerned by the vote of 23 June 1974 if this part has been regular E Separately under federal law and the law of the canton concerned.


1 This disp. Has not obtained the federal guarantee (s. 1 of the FA of 28. 1977-FF 1977 III 266).

Article 139 1 Process for the creation of a new canton

The Government is empowered to initiate a process for the creation of a new canton covering the territories of the Bernese Jura and the Republic and Canton of Jura, in accordance with the federal law and the cantons concerned.


1 Accepted in popular vote of 24 Nov 2013, in force since 24 Nov 2013. Ass Warranty. Fed. On March 11, 2015 ( FF 2015 2811 Art. 1 ch. 10, 2014 8899).

Final and transitional provisions

Art. 1

The Constituent Assembly decrees the simultaneous or successive entry into force of the provisions of this Constitution.

Art. 2

The Jurassian Constitution replaces the Constitution of the canton of Bern 1 On the territory of the Republic and Canton of Jura.


Art. 3

1 The legislation of the Canton of Berne shall be received in the present State on the day preceding the entry into force of the Constitution, insofar as it is not contrary to it and in so far as it has not been amended in accordance with a law developed by The Constituent Assembly and adopted by the electoral body.

2 The legislation becomes that of the Republic and Canton of Jura and will remain so until it has been amended in the forms provided for in the Constitution.

Art. 4

1 The Constituent Assembly shall be held in Parliament until the day on which the Jurassic Parliament is constituted.

2 It exercises its powers, with the exception of those provided for in Art. 84 litt. (a) the Constitution.

Art. 5

1 The Bureau of the Constituent Assembly shall take the place of Government until the day on which the Government of Jurassic is constituted.

2 It exercises its powers, with the exception of those provided for in Art. 92 litt. (a) the Constitution.

3 The Constituent Assembly defines the tasks of the Bureau.

Art. 6

1 ... 1

2 Parliament is the third Monday after its election and the Government the following day.

3 Disputes over the exercise of political rights, the organisation of elections and the finding of results shall be judged by a committee of the constituent assembly established for that purpose.


1 Repealed in popular vote of 7 March 2010, with effect from 1 Er Jul. 2010. Ass Warranty. Fed. March 2, 2011 ( FF 2011 2737 Art. 1 ch. 5, 2010 7239).

Art. 7

Members of the Council of States are elected for a period ending at the same time as the legislature of the National Council.

Art. 8

Notwithstanding s. 62, para. 4 1 Of the Constitution, no member of the Government shall sit in the Federal Assembly within eight years of the election of the first Government.


1 That was para. 4 in its content of 20 March 1977.

Art.

1 The law facilitates the granting of Jurassic citizenship to the Confederates established on June 23, 1974, in the territory of the new canton.

2 These legal provisions will remain in force for up to five years.

Art. 10

1 All cases pending before the administrative and judicial authorities of the canton of Bern pass to the competent authorities of the Republic and Canton of Jura when the latter are constituted.

2 The Bureau of the Constituent Assembly, and then the Government, may enter into agreements with the canton of Bern for certain pending cases to be completed before the Bernese authorities, with the consent of the persons concerned being reserved.

Art. 11 1

1 The Government shall determine the entry into force of this amendment 2 .

2 The law may provide for a transitional period for the establishment of the new judicial organisation.

3 For the period from the entry into force of this amendment to 2002, Parliament elects the judges of the Court of First Instance and the investigating judges.

4 Until the entry into force of the amendment of the law of judicial organization, the Government may adopt the necessary provisions by way of an order.


1 Accepted in popular vote of 29 Nov 1998, in force since 1 Er Jan 2001. Ass Warranty. Fed. On 14 June 2000 ( FF 2000 3419 Art. 1 ch. 9 1048).
2 This is the mod. Art. 69, 70, 74, 102 and 108 (Reform of the judicial system), in force since 1 Er Jan 2001.

Art. 12 1

The Government shall determine the entry into force of this amendment 2 .


1 Accepted in popular vote of 26. 2004, in effect since 1 Er Jan 2005. Ass Warranty. Fed. On 6 Oct. 2005 ( FF 2005 5625 Art. 1 ch. 7 2715).
2 This is the mod. Of Art. 26 para. 2 (Transfer of health care expenses to the canton), in force since 1 Er Jan 2005.

Art. 13 1

The Government shall determine the entry into force of this amendment 2 .


1 Accepted in popular vote of 17 May 2009, in force since 1 Er Jan. 2011. Ass Warranty. Fed. Of Dec 8. 2010 ( FF 2011 255 Art. 1 ch. 5, 2010 4463).
2 This is the mod.: - art. 75, para. 1 and 3, and 76, para. 1 and 4 (Introduction of the popular written initiative), in force since 1 Er Seven. 2006; - art. 102 al. 1, 103, 104. 1, 106, 107, 134 al. 3 and the repeal of s. 10 (Implementation of the Swiss Code of Criminal and Civil Procedure), in force since 1 Er Jan 2011. -art. 77, let. G and 123 A (Introduction of a debt brake mechanism), in force since 1 Er Jan 2011.

Art. 14 1

1 The Government shall determine the entry into force of this amendment 2 .

2 Members of Parliament, members of the Government, judges, prosecutors and members of the district and commune authorities who are elected before the entry into force of this amendment shall remain so until the end of the four-year period for In which they were elected.

3 If elected in the course of a four-year term within the meaning of para. 2, but after the entry into force of this amendment, they are only until the end of this parliamentary term.

4 Upon entry into force of this amendment, the members of the Government shall be eligible for re-election only twice, since the elections and elections prior to the entry into force of this amendment shall be counted.


1 Accepted in popular vote of 7 March 2010, in force since 1 Er Jul. 2010. Ass Warranty. Fed. March 2, 2011 ( FF 2011 2737 Art. 1 ch. 5, 2010 7239).
2 This is the mod. Art. 65 al. 1, 66 al. 2 and the repeal of s. 6 al. 1 avail. End. And trans. (Mod. Of the duration of the legislatures and re-election of the members of the Government), in force since 1 Er Jul. 2010.

Index of Contents

Figures refer to articles and divisions of articles of the Constitution

Public acts , foundation 56

Administration

-
Administration of state assets and finances 92 2 F
-
Cases pending before the Bernoises disp. End. And trans. 10
-
Judicial authorities v. Judicial authorities
-
Administrative districts 108 1
-
Common
-
Communal Council 119
-
Extraordinary administration 111 4, 5
-
Management of administration 89 2
-
Officials v. Public Servants
-
Incompatible functions 62-64
-
Government v. Government
-
Church taxes 134 2
-
Independent administrative mediation body 61 2
-
Organization 92 2 I
-
Seat of the cantonal government 69 3
-
Monitoring 82 4
-
Administrative tribunals 102 1 C

Adults , culture and education 42, 43

Age

-
To be an elector 70
-
To be elected 71 b

Agriculture

-
Farmers' accession to rural land ownership 12 4
-
Land use planning 46 2
-
Agricultural policy 51

Help

-
Humanitarian 53
-
Social 24

Family allowances 23 2

Land use planning

-
Approval of cantonal plans by Parliament 84 d
-
Principle 44 A , 46

Amnesty , Parliament's competence 84 m

Arms 5

Art , freedom 8 i

Constituent Assembly

-
Entry into force of the Constitution disp. End. And trans. 1
-
Disp legislation. End. And trans. 3 1
-
Role of parliament disp. End. And trans. 4
-
Bureau role disp. End. And trans. 5

Federal Assembly

-
Consultation and information of federal parliamentarians, jurisdiction of the Government 92 2 O
-
Extraordinary convocation, competence of Parliament 84 p
-
Incompatible functions 62 4 , disp. End. And trans. 8

Legal assistance Free 9 4

Association , freedom 8 g

Insurance

-
Unemployment insurance 20 a
-
Insurance and social benefits of Confederation 23
-
Sickness, accident and maternity insurance 29
-
Dental care 29 2

Judicial authorities 101 to 107

-
Organization
-
Cases pending before the Bernoises disp. End. And trans. 10
-
Constitutional Court of the cantonal court
-
Independence of the courts 101
-
Juveniles 105
-
Public Prosecutor 106
-
Organization, skills, procedure 107
-
Cantonal court 103
-
Courts of first instance 102
-
Legal protection
-
In general 9
-
Separation of powers 55
-
Monitoring 82

Cantonal Bank 127

Budget and Accounts

-
Competence of Parliament 84 f
-
Competence of the Government 92 2 E
-
Advertising 124
-
Popular vote 77 g, 123 A 4.6

Office of Women's Affairs 44

Canton

-
Sovereign Twp of Confederation 1 2
-
Creation of a new canton 139
-
Cantonal city law 16
-
Cantonal electors 70 1
-
Cantonal conciliation and arbitration body 21

Cantons , cooperation 4 1 , 84 p

Bonds V. Real Estate Transactions

Censorship , prohibition 11

Public Expenses

-
Right to be elected 71 b
-
Freedom to access 8 m

Hunting 45 4

Electoral Districts

-
Administrative 108 1
-
Electoral
-
For the election to Parliament 86 1
-
For the election to the Government 93 2

Citizens

-
Cantonal citizenship 16 2 , 92 2 M, disp. End. And trans. 9
-
Political rights 70 to 81
-
Equality before the law 6

Religious Communities 130

Collegiality 95

Trade and Industry , freedom 8 k

Commons

-
Social assistance 24
-
Land use planning 44 A , 46
-
Other communes 120
-
Autonomy, litigation 104 2 B
-
Adult culture and education 42, 43
-
Duties to municipalities 15
-
General provisions 110 to 113
-
Communal city right 16
-
Pre-emption right 12 5
-
School 35 1
-
Communal electors 70 3
-
Communal elections 74 3
-
Duration of functions 65 1 , 14 disp. End. And trans.
-
Incompatible functions 62
-
Training 40 2
-
Public information 68
-
Municipal
-
Tasks 114
-
Organization 115
-
Organs 116
-
Electoral body 117
-
General Council 118
-
Communal Council 119
-
Number of communes
-
For an initiative 75 1
-
For an optional referendum 78
-
Public order 54
-
Fiscal equalization 126
-
Protecting the environment 45 1, 2
-
Retroactivity of laws 58
-
Public health 25 1, 2
-
Joint tasks with the State 18, 19, 22, 23

Skills

-
Conflicts of jurisdiction between cantonal authorities 104 2 D
-
Delegation 59, 60
-
Right of necessity 60
-
Government 89 to 92
-
Parliament 83, 84

Contestants V. Treaties

Confederation

-
Insurance and social benefits 23
-
Sovereign township 1 2
-
Federal consultations 84 n, 92 2 N
-
Extraordinary meeting of the Federal Assembly 84 p
-
Federal law, introduction and enforcement 83, 90 2
-
Election of deputies to the Council of States 74 1 C
-
Federal initiative, optional referendum 78 f
-
Federal parliamentary mandate
-
Incompatible functions 62 4

Social conflicts

-
Cantonal conciliation and arbitration body 21

Conscience

-
At school 34 4
-
Freedom 8 e

Communal Council

-
Popular elections 74 3 B
-
Principle 116 b, 119

External Jurassic Advisory Council 98

Advisory Economic and Social Council 47 2

Council of States

-
Popular elections 74 1 C, p. End. And trans. 7
-
Incompatible functions 62 4
-
Re-election of Members 66 1
-
Proportional representation 74 5

General tips

-
Popular elections 74 3 A
-
Incompatible functions 62 2, 3
-
Publicity of debates 67
-
Proportional representation 74 5

Public Health Council 31

School Board 41

Consumers , protection 52

Constitution

-
Canton of Bern disp. End. And trans. 2
-
Jurassian
-
Entry into force disp. End. And trans. 1
-
Reviewing
-
Competence of Parliament 83 1 A
-
Derogation, right of necessity 60
-
Principle 135
-
Mandatory referendum 77 a, b
-
Partial revision 136, 77 b, 83 1 A, 3
-
Total revision 137
-
Popular constitutional initiatives
-
Conditions 75
-
Procedure 76

Ecclastic Constitution 131 2, 3 , 133 1

Constructions

-
And routes 48
-
Cantonal plans, approved by Parliament 84 d

Federal Consultations

-
Competence of Parliament 84 n
-
Government response 92 2 N

Public Law Conventions

-
Mandatory referendum 77 f
-
Optional referendum 78 c
-
Jurisdiction of the Government 92 2 A
-
Training outside of Township 37

Cooperation

-
With other cantons, neighbours, peoples 4
-
Development of disadvantaged peoples 53

Teacher Body

-
Training 35 4

Constitutional Court

-
Conflicts of jurisdiction decided by Parliament 84 k
-
Organization 104

Culture

-
Cultural activities 42

Debates Advertising 67

Orders , laws, ordinances

-
Competence of Parliament 83 2
-
Validity, disputes 104 2 A

Delays

-
Initiatives 76 4
-
Total revision of the Constitution, rejection of the constitutional addendum 137 3

Delegation of expertise 59, 60

Departments 96

Expenditures

-
Parliament's powers 84 g
-
Competence of the Government 92 1 B
-
Financing 125
-
Optional referendum 78 b, c, d
-
Mandatory referendum 77 d, e, f

Members of Parliament

-
In Parliament, number 85
-
Duration of functions 65 1 , 14 disp. End. And trans.
-
Popular elections 74
-
Incompatible functions 62
-
Independence 88
-
Information and information to federal parliamentarians 92 2 N
-
Reelections 66, 14 disp. End. And trans.
-
Liability 88 3

Sustainable development 44 A

Economic Development , Office 47 2

Duties To the State and the municipalities 15

Human Dignity Fundamental right 7

Districts

-
Duration of duties of the members of the authorities 65 1 , 14 disp. End. And trans.
-
Incompatible functions 62 2, 3
-
Number and extent 109
-
Re-election of the members of the authorities 4
-
Stat108

Home

-
Right to respect 8 b
-
Voters 70 1

Permissions

-
Right
-
To life and physical and moral integrity 8 a
-
Respect for private and home life 8 b
-
Marriage and family life 8 c
-
Raise and educate its children 8 d
-
To the natural court 9 1
-
Free legal aid 9 4
-
At work 19
-
Accommodation 22
-
Open private schools 38 1
-
Training 40
-
Of city 16
-
Legal protection 9
-
Fundamental rights 6 to 16
-
Political rights 70 to 81
-
Effects of fundamental rights 14
-
Equality in law 6 1
-
Exercise of political rights, disputes 104 2 C
-
Limits of fundamental rights 13, 14 2
-
In the first disp elections. End. And trans. 6 3

Emergency law

-
Competence of the Government 91
-
Right to require 60

Federal Law

-
Introduction and enforcement 83 1 B, 2 , 90 2

School 32 to 41

Economy

-
Land use planning 46 3
-
Development 47
-
Cantonal plans, competence of Parliament 84 d

Education

-
Adult culture and education 42, 43
-
School 32 to 41

Equality

-
Before the law 6
-
"Equal pay for equal work" 20 f

Churches

-
Autonomy, litigation 104 2 B
-
Membership in a recognized church 132
-
Finance 134
-
Parishes 133
-
Recognized 130

Electors 70

-
Electoral body 116 a, 117
-
Rights of electors 71
-
Number of electors
-
For a popular initiative 75 1, 2
-
For an optional referendum 78

Elections, appointments

-
By Parliament
-
President and Vice-President, Government 94
-
Cantonal court, prosecutor and members of other authorities designated by law 84 a
-
By the Government
-
Officials 92 1 A
-
Popular
-
Electoral body 116 a, 117
-
Rights 71 a
-
Cantonals 74 1
-
Communal 74 3
-
First election and constitution of Parliament and Government dissolved. End. And trans. 6
-
Voting
-
Secret 74 4
-
Proportional 74 5
-
Majority 74 6
-
Validity, disputes 104 2 C

Eligibility

-
Right to access public office 8 m
-
Right to be elected 71 b

Public Borrowings

-
Competence of Parliament 84 i

Children

-
The right to raise and educate its children 8 d
-
School 32 to 41

Education

-
Freedom 8 hours
-
Free 34 3

Economic Enterprises

-
State involvement
-
Parliament's competence 84 h
-
Competence of the Government 92 c

Environment , protection 45

Establishment , freedom 8 l

Establishments

-
Approval of management reports 84 j
-
Stand-alone 100
-
Other institutions 128
-
Cantonal Bank 127
-
Economic 127, 128

State 17 to 107

-
Judicial authorities v. Judicial authorities
-
Duties towards the State 15
-
Pre-emption right 12 5
-
Church and State 130 to 134
-
Democratic and Social State 1 1
-
Government v. Government
-
State organization
-
General principles 55 to 69
-
Political rights 70 to 81
-
Parliament v. Parliament
-
Representation 89 3
-
Sovereignty 1 2
-
Tasks of the State 17 to 54

Foreigners

-
Political rights 73
-
Migrants 18 3

Study , freedom 8 a.m.

Expropriation 12 2

Family

-
Family allowances 23 2
-
Collaboration with school 32 2
-
Protection 17
-
Family life, right 8 c

Faune , protection 45 3

Women

-
Office of Women's Affairs 44
-
Equality before the law 6 1
-
"Equal pay for equal work" 20 f

Funding

-
Insurance and social benefits 23 3
-
Plan 125

Finance 121 to 129

-
Administration of state assets and finances 92 f
-
Churches 134
-
Public finance management
-
General provisions 123
-
Debt brake 123 A
-
Advertising of accounts and budget 124
-
Financing 125
-
Fiscal equalization 126
-
Self-sustaining economic institutions 127, 128
-
Taxes and royalties
-
Fiscal sovereignty 121
-
Tax duty 122
-
Financial plans of the state, approved by Parliament 84 e
-
Regales 129

Flora , protection 45 3

Officials

-
Administration 99
-
Incompatible functions 62 6
-
Appointment, competence of the Government 92 1 A
-
Liability 57

Public Features

-
Right to be elected 71 b
-
Duration of functions 65
-
Incompatibility 62 to 64

Cantonal Military Forces 92 2 G

Forests

-
Land use planning 46 2
-
Protection 45 3

Training

-
Faculty 35 4
-
Right 40
-
Disability 36
-
Out of Township 37
-
Professional 35 2, 3 , 40 2

Frein to Debt 123 A

Amalgamation , division, modification of communes 112

Government

-
Bureau of the Constituent Assembly. End. And trans. 5
-
Delegation of expertise 59
-
Right of necessity 60
-
Duration of functions
-
Members of the Government 65 1 , 14 disp. End. And trans.
-
Chairperson and Vice-Chairperson 65 2
-
Elections
-
Members of the Government by the people 74 1 B, 14 disp. End. And trans.
-
Majority voting 74 6
-
The President and Vice-President by Parliament 94
-
Incompatible functions 62 1, 2, 4 , 64
-
Re-election
-
Members of the Government 66 2 , 14 disp. End. And trans.
-
Chairman and Vice-Chairperson 66 3
-process of creating a new canton 139
-
Parliament meeting 87 c
-
Separation of powers 55
-
Seat of Government 69 2
-
Monitoring v. Monitoring

Thanks

-
Right, competence of Parliament 84 l

Strike , right 20 g

Disabled

-
Training 36
-
Economic and social integration 19 5
-
Care 25 2

Hospitals

-
Organization of the hospital system 26

Hygiene 25 1

Taxes

-
Ecclesiastical
-
Royalties 121, 122

Incompatibilities

-
Dual activity 64
-
Between parents 63
-
Incompatible functions 62

Independence

-
Parliamentarians 88
-
Courts 101

Public Information

-
On the activities of the authorities 68 1
-
On major projects 68 2

Initiative

-
Competence of Parliament 84 o
-
Of the State in Federal Matters 75 2 , 78 f
-
Right 71 c
-
Popular tonal initiative
-
Conditions 75
-
Procedure 76
-
Revision of the Constitution 137 1

Private Institutions

-
Vocational training 35 3

Public Instruction V. School

Physical and moral integrity Entitlement 8 a

Public interest

-
Right of preemption of the State and the municipalities 12 5
-
Limit of fundamental rights 13

Judgments

-
Running 92 2 H

Judges

-
Right to natural justice 9 1
-
Duration of functions 65 1 , 14 disp. End. And trans.
-
Election 65 1 , 14 disp. End. And trans.
-
Incompatible functions 62 1, 3, 4, 6
-
Legal protection
-
In general 9

Jurassians of the Ext é Rifer

-
Advisory Council 98
-
Political rights 72

Language

-
French language 42 3
-
National and official 3
-
Patois 42 2

Legislation

-
Canton of Bern disp. End. And trans. 3
-
Competence of the Government 90
-
Competence of Parliament 83

Freedoms , fundamental rights 8

Tenants , protection from abuse 22 3

Housing , right 22

Laws

-
Powers of Parliament 83 1 B, 84 p
-
Competence of the Government 92 2 H
-
Constitutionality 104 1
-
Referendum
-
Mandatory 77 e
-
Optional 78 a
-
Retroactivity 58

Leisure

-land use planning 46 4

Mayors 119 2

-
Popular elections 74 3 B
-
Majority voting 74 6

Public event , freedom 8 g

Marriage , right 8 c

Medicine 25 2, 3

-
Of work 20 b
-
Hospitals v. Hospitals

Mediation

-
Independent administrative mediation body 61 2

Migrants

-
Inclusion in the Jurassic social milieu 18 3

Military

-
Provision of cantonal military forces 92 2 G

Miners

-
Protection in criminal matters 105

Public Prosecution 106 2

Invalidity

-
An initiative 75 3

Opinion Freedom 8 f

Public Order 54, 92 2 G

Social Peace 21

Parented

-
Incompatible functions 63

Parliament 82 to 88

-
Delegation of competence 59
-
Right of necessity 60
-
Right of initiative in federal matters 75 2
-
Duration of functions
-
Of Members 65 1
-
Chairperson and Vice-Chairperson 65 2
-
Elections
-
Of Members 74 1 A
-
Proportional representation 74 5
-
Incompatible functions 62 1, 4
-
Publicity of debates 67
-
Re-election
-
Of Members 66 1
-
Chairman and Vice-Chairperson 66 3
-
Optional referendum 78 f
-
Referendum on Parliament's decision 79
-
Role of the constituent assembly disp. End. And trans. 4
-
Separation of powers 55
-
Seat of Parliament 69 1

Parliamentarians V. MPs

Paroisses 133

Participation

-
To an economic enterprise v. Real estate transactions
-
Workers within firms 20 d

Political parties 81

Patois 42 2

Heritage

-
Jurassic 42 2
-
Natural and architectural 45 2

Fishing 45 4

Thinking , freedom 8 e

-
At school 34 4

Fiscal Equalization 126

Petition Right 80

People

-
Delegation of expertise 59
-
Exercise of sovereignty 2
-
Representation by Parliament 82 1

Complaints and Appeals 92 l

Plans

-
Approval by Parliament 84 d
-
Realization by the Government 92 2 D
-
Optional referendum 78 e

Full employment 19 2

Health Police 28

Politics

-
Farm 51
-
Township economy 127 3
-
General
-
Programme and report on its implementation 92 2 B, c
-
Role of Parliament 82 2
-
Role of Government 89 1

Pollution 45 1

Authorities, Authorities

-
Judicial authorities v. Judicial authorities
-
Coordination of the authorities' activities 92 2 I
-
Incompatible functions 62
-
Re-election 66
-
Separation 55
-
Seat of authorities 69

Public Power

-
Limiting 14 1

Preemption

-
Right conferred on the State and the municipalities 12 5

Press Freedom 8 f

Social benefits

-
Of Confederation 23 1

Deprivation of political rights 70 4

Criminal procedure 107

Prosecutor

-
Duration of functions 65 1 , 14 disp. End. And trans.
-
Election by Parliament 84 a
-
Incompatible functions 62 1, 4
-
Public Prosecutor 106 2

Occupation , freedom 8 d

Government Program

-
Discussion by Parliament 84 c

Property , warranty 12

Protection

-
Consumers 52
-
Environment 45
-
Legal
-
In general 9
-
Tenants 22 3
-
Workers 20

Publishing projects 68 2

Advertising

-
Accounts and budget 124
-
Debates 67

Management Reports

-
Government, courts and autonomous cantonal institutions, approved by Parliament 84 j

Research , freedom 8 i

Referendum

-
Right 71 c
-
Optional 78
-
Required 77
-
By decision of Parliament 79

Equal 129

Religion Freedom 8 e

-
At school 34 4

Legal Information

-
Legal Information Service 61 1

Representation

-
Of the People by Parliament 82 1

Liability

-
Of the State and the Municipalities 57
-
Of Members 88 3

Natural Resources 50

Retroactivity of Laws 58

Freedom Meeting 8 g

Roads V. Constructions and Roads

Public health 25 to 31

-
Hospitals v. Hospitals
-
Care v. Care
-
Land use planning 46 4

Polling

-
Secret 74 4
-
Proportional 74 5
-
Majority 74 6

Social security 18 to 23

Utilities

-
Right to strike, regulation 20 g

Care

-
Dentistry 29 2
-
At home 27
-
Sick 25 2

Sovereignty 1 to 5

-
Exercise 2

Sport 30

Monitoring

-
Administration and judicial authorities 82 4
-
Of communes 92 2 J
-
Schools 39
-
Government 82 4
-
Of joint trade unions 113 3

Syndicates of communes 110, 113

Territory

-
Land use planning 46
-
Territorial changes 138

Treaties, Public law agreements and agreements

-
Approval by Parliament 84 b
-
Competence of the Government 92 2 A
-
Mandatory referendum 77 f
-
Optional referendum 78 c

Real Estate Transactions, Bonds and participation in an economic enterprise

-
Parliament's competence 84 h
-
Competence of the Government 92 1 C
-
Optional referendum 78 d

Public transport 49

Working

-
Right to work 19
-
Protection of workers 20
-
"Equal pay for equal work", 20 g

Cantonal court

-
Constitutional Court 103 a, 104
-
Administrative Court 103 d
-
Decisions of the Churches, remedies 134 3
-
Duration of office of the President and Vice-Chairperson 65 2
-
Election by Parliament 84 a
-
Judgment at first instance 102 2
-
Re-election of the Chair and Vice-Chairperson 66 3
-
Seat 69 2

Courts of first instance 102

-
Seat 69 2

Life , right

-
And physical and moral integrity 8 a
-
Private and home life 8 b
-
Family life 8 c

Popular Votes

-
Right 71 a
-
Cantonal popular initiative 76 2
-
Federal law or order, jurisdiction of Parliament 84 p
-
Optional referendum 78
-
Mandatory referendum 77
-
Validity, disputes 104 2 C

Accepted in popular vote of 20 March 1977, in force since 20 March 1977. Ass Warranty. Fed. Of the 28th. 1977, except for art. 138 (FF 1977 II 259, III 266).


1 This publication is based on federal guarantees published in FF. It may therefore differ temporarily from the cantonal publication. The date of the statement is that of the last FY published in the FF.
2 Accepted in popular vote of 28 Nov 2010, in force since 28 Nov 2010. Ass Warranty. Fed. On March 6, 2012 ( FF 2012 3603 Art. 1 ch. 8, 2011 7403).
3 Accepted in popular vote of 28 Nov 2010, in force since 28 Nov 2010. Ass Warranty. Fed. On March 6, 2012 ( FF 2012 3603 Art. 1 ch. 8, 2011 7403)


Status on March 11, 2015