Key Benefits:
Translation 1
19 May 1968 (State on 29 September 2011) 3
In the name of Almighty God!
Sovereignty
The canton of Obwalden is a democratic free state and within the limits of the federal constitution 1 A sovereign state, a member of the Swiss Confederation.
Churches
1 The Roman Catholic Church, which is that of the majority of the population, and the Reformed Evangelical Church are recognized as institutions of public law having legal personality and enjoying the protection of the state.
2 All other religious communities are subject to private law if they are not recognized by law as public law institutions.
Organization of Churches
1 Religious communities are organized according to the principles of their Church.
2 For the Catholic Church, canon law determines the ecclesiastical organization. The parish is organized according to the cantonal constitution.
3 The Reformed Evangelical Church gives itself an organisation which must be approved by the Grand Council; it will be approved if it contains nothing contrary to federal law or to cantonal constitutional law.
4 The right of ecclesiastical bodies to direct the affairs of their community is recognized. The ecclesiastical functions are considered public functions and the right to levy an ecclesiastical tax is guaranteed to the parishes.
Autonomy of Churches
1 Churches recognized as institutions of public law govern their affairs independently.
2 In cases of mixed character which concern the whole of the canton, the council of the public inquiry must discuss the case with a representative of the confession in question and present a proposal to the Council of State.
Church Corporations, Foundations and Institutions
1 The ecclesiastical corporations, foundations and institutions not recognised as institutions of public law by the constitution or legislation receive legal personality under the provisions of the Swiss Civil Code 1 The Grand Council may recognise the character of public law institutions.
2 The canton guarantees their property, the right of management and the disposition of their wealth according to the statutes.
3 The maintenance of convents is guaranteed, as is the right of ecclesiastical authorities to supervise religious foundations.
Relation to the Bishopric
1 Any concordat relating to the membership of a bishopric must be ratified by the Grand Council.
2 The Council of State is competent to participate in the conclusion of a concordat.
Religious education
1 Religious education is a school discipline at all levels.
2 It is given by the religious masters of the churches recognized as institutions of public law; with the consent of the Churches, schools can entrust the teaching of biblical teaching to their teaching bodies.
Days of Feast
Official feast days are fixed by the Grand Council, which previously consulted the churches recognized as institutions of public law.
Inviolability of person
The person, the dignity and the freedom of man are inviolable.
Legal protection
1 All citizens are equal before the law.
2 No one shall be exempt from his or her natural justice.
3 The right to be heard by a court is guaranteed.
4 The indigent are entitled to free legal assistance.
Protection in criminal proceedings
Arrest, house search, confiscation and other offences against private life can only be ordered in cases provided for by the criminal procedure. Any person arrested and tried unjustifiably may claim compensation in the canton.
Individual freedoms
In particular, the following are guaranteed within the limits of federal law and cantonal laws aimed at safeguarding public order:
Property Warranty
1 The property of persons, foundations and communities of private and public law is inviolable.
2 The withdrawal of the property must take place only under the law and in the public interest.
3 In the case of expropriation or restriction of the property equivalent to the expropriation, a fair compensation shall be paid to the owner.
4 The expropriation procedure is governed by the law.
Political rights holders
The holder of the political rights shall be any national of the canton resident in the canton and any Swiss citizen established in the canton who are eighteen years of age and who have not been deprived of the quality of citizens who are active under the law.
1 Accepted in popular vote of 23 Oct. 1983, in effect since October 23. 1983. Ass Warranty. Fed. Of Dec 14. 1984 (FF 1984 III 1491 art. 1 ch. 1, II 430).
Freedom of the City
The law sets out the conditions to be fulfilled and the procedure for the acquisition and loss of municipal and cantonal city law.
Establishment and residence
1 The establishment and residence of Swiss citizens and foreigners are subject to federal law.
2 The other provisions concerning the establishment and the stay will be made by order.
1 Repealed popular vote of 8 June 1997, with effect from 8 June 1997. Ass Warranty. Fed. June 15, 1998 ( FF 1998 3179 Art. 1 ch. 2, 3).
1 Repealed popular vote of 29 Nov 1998, with effect from 29th Nov 1998. Ass guarantee. Fed. Of Dec 21. 1999 ( FF 2000 127 Art. 1 ch. 2, 1999 4957).
Quality of Active Citizen
Every active citizen may, in the canton and in his or her home:
Civic Devoir
1 Every citizen is required to carry out the duties imposed by the legislation.
2 Citizens have a civic duty to take part in the communal assembly, as well as popular consultations at the ballot boxes of the commune, the canton and the confederation. 1
3 Everyone must, at all times, exercise their right to vote according to their conscience.
1 Accepted in popular vote of 29 Nov 1998, in force since 29 Nov 1998. Ass guarantee. Fed. Of Dec 21. 1999 ( FF 2000 127 Art. 1 ch. 2, 1999 4957).
1 Repealed popular vote of 8 June 1997, with effect from 8 June 1997. Ass Warranty. Fed. June 15, 1998 ( FF 1998 3179 Art. 1 ch. 2, 3).
A. Protection of public order
The canton and the communes ensure the maintenance of public tranquillity, order, security and morality.
Protection of the family
1 In carrying out their tasks, the canton and the communes shall endeavour to support the family as the basis of the state and society.
2 They ensure, in particular, the protection of young people, the elderly and the infirm.
C. School
1. Jurisdiction
1 The canton encourages and monitors public education and education.
2 According to the legislation, it is the responsibility of the canton to create:
3 Primary education is the responsibility of municipalities within the limits of the legislation.
2. Schools Branch
Public schools are run in a patriotic and Christian spirit. They must be able to be frequented by adherents of all faiths, without prejudice to their freedom of belief and conscience.
3. Private education
The freedom of private education shall be guaranteed subject to supervision by the canton.
4. Training Grants
The canton and the communes encourage by subsidies and, within the limits of legislation, professional and scientific training and the development of knowledge in these fields.
D. Encouraging cultural and scientific activities
1 The canton and the municipalities encourage scientific and artistic activity, as well as efforts to develop popular culture.
2 They can create or support institutions that carry out important cultural tasks.
E. Protection of nature, landscape and sites
1 The canton and the communes must protect the landscapes and localities worthy of preservation, the evocative sites of the past, as well as natural curiosities and monuments.
2 They encourage efforts to protect nature, landscape and sites, the protection of cultural property and the conservation of historic monuments.
3 They shall, in particular, take or encourage measures relating to the protection of water and air against pollution, the conservation of forests and the protection of alpesters, fauna and flora.
F. Social affairs
1. Social Assistance
1 The canton and the communes promote the welfare and social security of the people.
2 The tasks and competence of the canton and the municipalities with regard to guardianship, assistance and social institutions are laid down by law.
2. Social Predictive
The canton and the communes can supplement with subsidies the benefits of social institutions and works of assistance of the Confederation, create their own social welfare institutions, introduce special insurance and To promote personal foresight.
3. Public health
1 The canton and the communes promote public health and help the sick.
2 They can maintain or support hospitals and other hospitals.
3 The law may establish compulsory health insurance.
G. Economic Affairs
1. Encouraging the economy
1 The canton and the municipalities are trying to develop the economy of the country.
2 They may create or support institutions and institutions for the economic development of the canton.
3 They encourage industry, arts and crafts, trade and communications.
4 They shall ensure the rational use of the soil and encourage efforts in the field of spatial planning at national, regional and local level.
2. Agriculture
1 The canton and the municipalities support measures to maintain a capable peasantry.
2 These include the maintenance of rural land ownership and the encouragement of fragmented and land-based improvements.
3. Forests, water, roads
1 The canton is monitoring forests; its sovereignty extends to waterways and channels of communication within the limits of the legislation.
2 It can regulate by law the use of water, the correction of watercourses and what relates to roads.
4. Equal
The canton has a monopoly on salt, hunting, fishing and mining. The current rights of private persons, corporations and alpage companies are reserved.
H. Financial regime
1. State financial system
1 The state's financial system must be adapted to the requirements of the economy. Cantonal cases must be administered in a rational and economic manner.
2 It is important to establish financial programs and to exercise effective financial control. The organisation, tasks and procedure shall be fixed by the Grand Council.
2. Budget
1 The Grand Council establishes the budget on the basis of a project submitted to it by the State Council and the courts. 1
2 The budget includes the expected revenues and expenses for the accounting period. This shall include expenditure earmarked for a specific purpose, as well as expenditure deemed necessary by the Grand Council and the Council of State within the limits of their competence in this matter.
1 Accepted in popular vote of 22. 1996, effective 15 Feb 1997. Ass guarantee. Fed. Of Dec 4. 1997 (FF 1998 77 art. 1 ch. 1, 1997 III 1033).
3. Account
1 The account shall include the revenue and expenditure of the accounting period, as well as the state of the capital of the canton at the end of that period.
2 The State Council and the courts shall submit the accounts to the scrutiny and approval of the Grand Council. 1
1 Accepted in popular vote of 22. 1996, effective 15 Feb 1997. Ass guarantee. Fed. Of Dec 4. 1997 (FF 1998 77 art. 1 ch. 1, 1997 III 1033).
4. Fiscal Sovereignty
1 The canton and the municipalities are sovereign in tax matters.
2 The law specifies the nature and extent of taxes that can be raised by the canton and the municipalities. The legislation regulates the procedure for taxation and collection.
5. Fiscal Equalization
1 Measures to promote fiscal equalization can be taken to mitigate the existing sensitive municipal tax differences.
2 The legislation lays down the basis for determining the financial capacity of municipalities, as well as the method of financial equalization and the procedure to be followed.
6. Municipal benefits
The law may require the communes to pay benefits in order to carry out joint tasks of the canton and the municipalities. Orders from the Grand Council may fix communal benefits for the purposes of the Canton's obligations under federal legislation or agreed commitments.
Separation of powers
1 In principle, the legislative, executive and judicial powers are separated.
2 The members of the Grand Council, the prosecutors, the juvenile prosecutor and his deputy may not belong to the cantonal court or to the court of appeal. 1
3 The members of the Council of State cannot be a member of the Grand Council, a court or a municipal council.
4 Members of a conciliation authority or a court may not belong to a higher court at the same time. 2
1 Accepted in popular vote of 26. 2010, effective from 1 Er Jan. 2011. Ass Warranty. Fed. Of the 29th. 2011 ( FF 2011 7019 Art. 1 ch. 3, 2011 4149).
2 Accepted in popular vote of 26. 2010, effective from 1 Er Jan. 2011. Ass Warranty. Fed. Of the 29th. 2011 ( FF 2011 7019 Art. 1 ch. 3, 2011 4149).
Eligibility
Every citizen who has the right to vote and who is domiciled in the canton is eligible for a function within a cantonal or communal authority. Those under guardianship are not eligible. The legislation determines the cases in which eligibility is not dependent on the qualification of an elector or the obligation to reside in the canton.
1 Accepted in popular vote of 8 June 1997, in force since 8 June 1997. Ass Warranty. Fed. June 15, 1998 ( FF 1998 3179 Art. 1 ch. 2, 3).
Exercise of political rights
1 The legislation regulates the procedures relating to initiatives, referendums, votes and elections.
2 The legislation determines, among the cases which fall within the competence of the communal assemblies, those which require the organisation of a popular vote at the ballot box.
1 Accepted in popular vote of 29 Nov 1998, in force since 29 Nov 1998. Ass guarantee. Fed. Of Dec 21. 1999 ( FF 2000 127 Art. 1 ch. 2, 1999 4957).
Function Duration
1 The popular elections in the canton and the municipalities and the elections for the Grand Council take place every four years, unless the legislation provides otherwise. 1
2 The Council of State and the Municipal Council shall appoint, for a period of four years, the permanent authorities and committees which are provided for by law and carry out their activity as an accessory. 2
3 Positions that have become vacant during a four-year administrative period must be filled again for the remainder of this period.
1 Accepted in popular vote of 8 June 1997, in force since 8 June 1997. Ass Warranty. Fed. June 15, 1998 ( FF 1998 3179 Art. 1 ch. 2, 3).
2 Accepted in popular vote of 8 June 1997, in force since 8 June 1997. Ass Warranty. Fed. June 15, 1998 ( FF 1998 3179 Art. 1 ch. 2, 3).
Limitation of duration of function
1 The term of office is limited to sixteen years for members of the Grand Council, the courts and local councils. 1
2 The rule does not apply to the presidents of the courts. 2
1 Accepted in popular vote of 2 Dec. 2001, effective from 1 Er Jul. 2002. Ass Warranty. Fed. Of the 237-7. 2002 ( FF 2002 6133 Art. 1 ch. 2 3304).
2 Accepted in popular vote of 22. 1996, effective 15 Feb 1997. Ass guarantee. Fed. Of Dec 4. 1997 (FF 1998 77 art. 1 ch. 1, 1997 III 1033).
Incompatibility of employee functions 2
1 Any person who, either principally or on a full-time basis, is connected to the canton by a service report or a contract of employment is not eligible for a function within a cantonal authority which is hierarchically superior or to the executive A political municipality or a district. Other restrictions may be included in the legislation.
2 Any person who, either principally or on a full-time basis, is linked to a commune by a service report or by a contract of employment is not eligible for a function within a communal authority which is hierarchically superior to him.
3 Any person who, either principally or on a full-time basis, is linked to an establishment of public law by a service report or a contract of employment cannot be elected to the appointing authority of the institution.
1 Accepted in popular vote of 8 June 1997, in force since 8 June 1997. Ass Warranty. Fed. June 15, 1998 ( FF 1998 3179 Art. 1 ch. 2, 3).
2 Accepted in popular vote of Dec 16. 2007, in force since 16 Dec. 2007. Ass Warranty. Fed. 18 Dec. 2008 ( FF 2009 465 Art. 1 ch. 2, 2008 5497).
Incompatibility due to person
1 No one shall sit on the Council of State, in the Grand Council, in a court or other judicial authority, in a commission or in a communal authority at the same time: 2
2 The rules of incompatibility with respect to a person based on a marriage or registered partnership shall also apply when the person has terminated.
3 The person who must withdraw for incompatibility because of the person is, if necessary, drawn by lot.
1 Accepted in popular vote of Dec 16. 2007, in force since 16 Dec. 2007. Ass Warranty. Fed. 18 Dec. 2008 ( FF 2009 465 Art. 1 ch. 2, 2008 5497).
2 Accepted in popular vote of 26. 2010, effective from 1 Er Jan. 2011. Ass Warranty. Fed. Of the 29th. 2011 ( FF 2011 7019 Art. 1 ch. 3, 2011 4149).
Administrative year
1 The administrative year of the cantonal and municipal authorities begins on 1 Er July and ends on 30 June, if the legislation or the common regulation does not otherwise dispose of it.
2 Termination of a charge may be given by the end of the administrative year. The legislation may provide for exceptional cases of early withdrawal.
1 Accepted in popular vote of 29 Nov 1998, in force since 29 Nov 1998. Ass guarantee. Fed. Of Dec 21. 1999 ( FF 2000 127 Art. 1 ch. 2, 1999 4957).
1 Repealed popular vote of 8 June 1997, with effect from 8 June 1997. Ass Warranty. Fed. June 15, 1998 ( FF 1998 3179 Art. 1 ch. 2, 3).
Liability
1 The canton, the municipalities, the other communities and institutions governed by public law respond to the damage caused without the right by their organs in the exercise of public authority.
2 They also respond to damage caused by their organs in a lawful manner, where people suffer such damage as they cannot reasonably bear the consequences.
3 The members of the authorities and employees are responsible, within the limits of the law, for the acts they perform in the performance of their duties.
1 Accepted in popular vote of 8 June 1997, in force since 8 June 1997. Ass Warranty. Fed. June 15, 1998 ( FF 1998 3179 Art. 1 ch. 2, 3).
Oath and Promise
1 At the beginning of the term of office or period of office, the members of the Grand Council, the Council of State and the courts shall take the oath or promise to respect the Constitution and the laws and to faithfully carry out their duties.
2 Legislation also determines who must take the oath or promise.
1 Accepted in popular vote of 8 June 1997, in force since 8 June 1997. Ass Warranty. Fed. June 15, 1998 ( FF 1998 3179 Art. 1 ch. 2, 3).
Public Character of Sessions
1 The deliberations of the Grand Council and the Municipal Assembly are public, as are the judicial proceedings, except for the deliberations preceding the judgment.
2 The legislation lists the cases in which the canton or private persons have an interest in the debates being held by the public; it limits the scope of the right to the communication of cases.
Elections
Active citizens elect by secret ballot:
Votations
1. Mandatory
Are subject to popular vote at the ballot box:
2. Optional
1 On request are subject to voting:
2 The popular vote takes place if:
Law reserve
The general and abstract provisions conferring rights or obligations on natural and legal persons and those fixing the organisation of the canton and the municipalities shall be taken in the form of the law.
Popular Initiatives
1. Outcome
1 A popular initiative is successful when:
2 A popular motion succeeds when an active citizen or a communal council calls for the adoption, repeal or amendment of a law or financial decree in the optional referendum, and the Grand Council supports its request.
2. Shape
Initiatives may take the form of proposals designed in general terms or, if they do not tend towards the total revision of the constitution, of projects written in all documents.
3. Content
1 Initiatives must not be contrary to federal law or to the cantonal constitution, where they are not aimed at revising it.
2 They must be worn only on a physical domain and must be accompanied by a statement of reasons.
4. Processing
1 An initiative designed in general terms must be submitted to the popular vote within one year, if the Grand Council does not approve it. If the Grand Council approves it or the people accept it, the Grand Council draws up a text, which must be submitted to the popular vote within the two-year period.
2 The Grand Council must deal with the popular initiatives drafted in accordance with the Constitution in such a way that they are subject to popular vote, accompanied by a possible counterproject, within two years.
Repealed
Composition and electoral procedure
1 The Grand Council is composed of 55 members. He is elected on a proportional basis.
2 The seats are distributed among the communes in proportion to the population of residence. As such, the status of the population as of December 31 of the penultimate year before 2 The election. Each municipality is entitled to a minimum of four seats in the Grand Council.
3 Every four years, new general elections are held.
Constitution
1 The Grand Council shall elect its President and Vice-Chairperson for a year, as well as the deputy returning officers, all selected from among its members.
2 The Grand Council shall publish a rules of procedure for its deliberations.
3 The members of the Council of State shall participate in the deliberations of the Grand Council with a consultative voice and shall be entitled to make proposals.
Convocation
The Grand Council shall be convened by its Chairman:
Electoral skills
1 The Grand Council elects each year Landammann , chosen from among the members of the Council of State, and vice - Landammann ( Landsta T Thalter ). The Landammann Is not immediately eligible for this load. A member of the Council of State may not fulfil more than four times the burden of The N Dammann .
2 The Grand Council also elects for the duration of the constitutional term:
1 Accepted in popular vote of 29 Nov 1998, in force since 29 Nov 1998. Ass guarantee. Fed. Of Dec 21. 1999 ( FF 2000 127 Art. 1 ch. 2, 1999 4957).
2 Accepted in popular vote of 26. 2010, effective from 1 Er Jan. 2011. Ass Warranty. Fed. Of the 29th. 2011 ( FF 2011 7019 Art. 1 ch. 3, 2011 4149).
3 Repealed in popular vote of 21 May 2006, with effect from 1 Er Jul. 2006. Ass Warranty. Fed. 18 Dec. 2008 ( FF 2009 465 Art. 1 ch. 2, 2008 5497).
4 Repealed in popular vote of 28 Nov 2004, with effect from 1 Er Jan 2005. Ass Warranty. Fed. 18 Dec. 2008 ( FF 2009 465 Art. 1 ch. 2, 2008 5497).
Skills in this area
The Grand Council is also responsible for:
1 Accepted in popular vote of 29 Nov 1998, in force since 29 Nov 1998. Ass guarantee. Fed. Of Dec 21. 1999 ( FF 2000 127 Art. 1 ch. 2, 1999 4957).
2 Accepted in popular vote of 8 June 1997, in force since 8 June 1997. Ass Warranty. Fed. June 15, 1998 ( FF 1998 3179 Art. 1 ch. 2, 3).
3 Accepted in popular vote of 26. 2010, effective from 1 Er Jan. 2011. Ass Warranty. Fed. Of the 29th. 2011 ( FF 2011 7019 Art. 1 ch. 3, 2011 4149).
4 Accepted in popular vote of 29 Nov 1998, in force since 29 Nov 1998. Ass guarantee. Fed. Of Dec 21. 1999 ( FF 2000 127 Art. 1 ch. 2, 1999 4957).
5 Accepted in popular vote of 17 May 1992, in force since 17 May 1992. Ass Warranty. Fed. June 5, 1997 (FF 1997 III 874 art. 1 ch. 1, I 1327).
6 RS 101
7 Accepted in popular vote of 29 Nov 1998, in force since 29 Nov 1998. Ass guarantee. Fed. Of Dec 21. 1999 ( FF 2000 127 Art. 1 ch. 2, 1999 4957).
1 Repealed popular vote of 29 Nov 1998, with effect from 29th Nov 1998. Ass guarantee. Fed. Of Dec 21. 1999 ( FF 2000 127 Art. 1 ch. 2, 1999 4957).
Jurisdiction in respect of orders
The Grand Council has jurisdiction for adoption:
1 Repealed popular vote of 29 Nov 1998, with effect from 29th Nov 1998. Ass guarantee. Fed. Of Dec 21. 1999 ( FF 2000 127 Art. 1 ch. 2, 1999 4957).
Composition and departments
1 The Council of State consists of five members. 1
2 The legislation sets out the tasks and responsibilities of the various departments of the Council of State.
3 The distribution of departments is the responsibility of the Council of State.
1 Accepted in popular vote of 2 Dec. 2001, effective from 1 Er Jul. 2002. Ass Warranty. Fed. Of the 237-7. 2002 ( FF 2002 6133 Art. 1 ch. 2 3304).
Jurisdiction in respect of orders
The Council of State has the power to issue:
1 Accepted in popular vote of 2 Dec. 2001, effective from 1 Er Dec. 2002. Ass Warranty. Fed. Of the 237-7. 2002 ( FF 2002 6133 Art. 1 ch. 2 3304).
Government Awards
1 The Council of State is the highest executive authority in the canton; it is obliged to settle all cases which fall within the remit of a government. He represents the canton outside.
2 The Council of State is, in particular, competent to: 1
1 Accepted in popular vote of 8 June 1986, in force since 8 June 1986. Ass Warranty. Fed. June 18, 1987 (FF 1987 II 978 s. 1 ch. 1, 1).
2 Accepted in popular vote of 8 June 1997, in force since 8 June 1997. Ass Warranty. Fed. June 15, 1998 ( FF 1998 3179 Art. 1 ch. 2, 3).
3 Accepted in popular vote of 8 June 1997, in force since 8 June 1997. Ass Warranty. Fed. June 15, 1998 ( FF 1998 3179 Art. 1 ch. 2, 3).
4 Accepted in popular vote of 17 May 1992, in force since 17 May 1992. Ass Warranty. Fed. June 5, 1997 (FF 1997 III 874 art. 1 ch. 1, I 1327).
5 Accepted in popular vote of 26. 2010, effective from 1 Er Jan. 2011. Ass Warranty. Fed. Of the 29th. 2011 ( FF 2011 7019 Art. 1 ch. 3, 2011 4149).
Independence and Surveillance
1 The courts make justice independent and are subject only to law and law.
2 The judicial authorities are subject to the supervision of the Supreme Court and to the high supervision of the Grand Council.
1 Accepted in popular vote of 22. 1996, effective 15 Feb 1997. Ass guarantee. Fed. Of Dec 4. 1997 (FF 1998 77 art. 1 ch. 1, 1997 III 1033).
Management of courts
1 The courts themselves manage within the limits set by law. To this end, the Supreme Court represents the other courts in dealing with other authorities. It regularly prepares a management report for the Grand Council.
2 The presidents of the courts are empowered, subject to broader powers that result from the legislation or an order of the Grand Council, to incur expenses within the limits of the approved budget.
1 Accepted in popular vote of 22. 1996, effective 15 Feb 1997. Ass guarantee. Fed. Of Dec 4. 1997 (FF 1998 77 art. 1 ch. 1, 1997 III 1033).
Organization and procedure
The organisation, composition, tasks and powers of the courts and judicial authorities are regulated by law. The procedure is settled by order.
Civil Jurisdiction
1 In civil law, the judicial authorities are: the conciliation authority, the presidents of the cantonal court, the cantonal court, the Supreme Court and its president. The arbitration tribunals are reserved. 2
1 Accepted in popular vote of 22. 1996, effective 15 Feb 1997. Ass guarantee. Fed. Of Dec 4. 1997 (FF 1998 77 art. 1 ch. 1, 1997 III 1033).
2 Accepted in popular vote of 26. 2010, effective from 1 Er Jan. 2011. Ass Warranty. Fed. Of the 29th. 2011 ( FF 2011 7019 Art. 1 ch. 3, 2011 4149).
3 Repealed popular vote of 22. Seven. 1996, effective 15 Feb 1997. Ass guarantee. Fed. Of Dec 4. 1997 (FF 1998 77 art. 1 ch. 1, 1997 III 1033).
Criminal jurisdiction
1 The criminal justice system is delivered by: the public prosecutor, the President of the cantonal court, the cantonal court, the Supreme Court and its president.
2 The juvenile criminal justice system is delivered by: the State Department of Minors, the President of the cantonal Court, the cantonal court in the Juvenile Court, the Supreme Court and its President.
1 Accepted in popular vote of 26. 2010, effective from 1 Er Jan. 2011. Ass Warranty. Fed. Of the 29th. 2011 ( FF 2011 7019 Art. 1 ch. 3, 2011 4149).
Administrative Tribunal
1 In administrative matters, justice is exercised by the Administrative Tribunal or its President, unless the law recognises this competence in the Grand Council, the Council of State or an independent appeal authority, elected by the Grand Council. 1
2 The law may establish a special tribunal as an administrative tribunal or charge the Supreme Court of that task.
1 Accepted in popular vote of 26. 2010, effective from 1 Er Jan. 2011. Ass Warranty. Fed. Of the 29th. 2011 ( FF 2011 7019 Art. 1 ch. 3, 2011 4149).
Existence and autonomy
1 Municipalities are autonomous communities of public law.
2 The existence and autonomy of municipalities are guaranteed by the canton.
Tasks
1 The communes autonomously settle all cases which are within their jurisdiction within the limits of the legislation.
2 The fortunes of the communes must be carefully managed and judiciously used for their tasks.
Specified Purpose Associations
1 Municipalities may operate joint institutions or undertakings and establish intercommunal associations of public law.
2 The organisation of any inter-communal association must be subject to special status.
3 Legislation may establish provisions with a general binding force to regulate the creation and administration of specified inter-communal associations.
Organization
1 The Communal Assembly, the Communal Council, the Joint Chairman and the Audit Committee are the municipal bodies.
2 The Audit Committee consists of three to five members, who cannot belong to the Communal Council. It is required to examine the financial system, in particular the accounts of the municipality and to submit proposals to the Assembly.
3 The law may establish other provisions concerning the organisation of the municipality.
4 To the rest, the organisation and administration of the municipality may be the subject of a municipal regulation.
Right of initiative
1 Every active citizen shall have the right to apply to the Communal Council at any time, in the form of a proposal designed in general terms or in the form of a draft of all documents, concerning objects which are within the competence of the Assembly Communal. The Communal Council is obliged to submit these requests to the popular vote within one year. If a proposal conceived in general terms is accepted, a detailed project must be submitted to the Assembly within one year.
2 Proposals can relate only to one object and must be motivated.
Optional Referendum
Ordinances and regulations with a general binding force, adopted or amended by the Communal Council, must be submitted to the Communal Assembly within 30 days of publication when 50 active citizens request it in writing.
Right of appeal
1 Remedies can be lodged within 20 days with the Council of State against decisions of the Communal Council and the Municipal Assembly.
2 The ordinary civil procedure shall be reserved for infringement of private rights.
Monitoring
1 The communes are subject to the supervision of the Council of State. The powers of the Council of State in this matter are limited to the legality of decisions, unless the legislation provides otherwise.
2 In the event of a serious breach of duties, the Council of State may order the appropriate measures and, if necessary, limit the right of a municipality to administer itself. The municipal authority affected by such measures shall have the right to appeal to the Grand Council within 20 days.
3 Communal ordinances are subject to formal approval by the Council of State.
Types of communes
The following are considered common:
Composition and Tasks
1 All persons living within the communal boundaries form the political commune.
2 The political municipality rules, within the limits of the law, all local affairs which do not belong to the Confederation, the canton or any other kind of municipality.
Communal Assembly
1 The communal assembly is composed of active citizens living in the commune.
2 It must be called at least once a year, usually in the spring.
3 Extraordinary assemblies shall be held whenever the communal council decides or when ten per cent of the citizens who have the right to vote request it in writing, indicating the objects to be dealt with. In this case, the Communal Assembly shall be held within three months of receipt of the request.
4 The place, date and items on the agenda will be publicly stated one week in advance.
Powers of the Communal Assembly
The Assembly has the following powers:
1 Repealed in popular vote of 26. 2010, with effect from 1 Er Jan. 2011. Ass Warranty. Fed. Of the 29th. 2011 ( FF 2011 7019 Art. 1 ch. 3, 2011 4149).
2 Accepted in popular vote of 8 June 1997, in force since 8 June 1997. Ass Warranty. Fed. June 15, 1998 ( FF 1998 3179 Art. 1 ch. 2, 3).
3 Accepted in popular vote of 8 June 1997, in force since 8 June 1997. Ass Warranty. Fed. June 15, 1998 ( FF 1998 3179 Art. 1 ch. 2, 3).
Powers of the Communal Council
The communal council has the following powers: 1
1 Accepted in popular vote of 8 June 1986, in force since 8 June 1986. Ass Warranty. Fed. June 18, 1987 (FF 1987 II 978 s. 1 ch. 1, 1).
2 Accepted in popular vote of 8 June 1997, in force since 8 June 1997. Ass Warranty. Fed. June 15, 1998 ( FF 1998 3179 Art. 1 ch. 2, 3).
District Commune
1 Within a political commune, specially demarcated territories may organise themselves in district communes with a view to carrying out certain tasks of the political commune; these communes have their own administrative authorities and may give themselves To this effect a special regulation.
2 The provisions relating to the political common shall apply mutatis mutandis to the election of these authorities and to the creation of the necessary organisation.
3 District municipalities can be abolished and reintegrated into the political community.
4 The Foundation and the abolition of district municipalities must be approved by the Assembly of the Political Joint, the Assembly of the District Municipality and the Council of State.
Composition and Tasks
1 The bourgeois commune consists of all persons who have the right of bourgeoisie in the commune, regardless of their domicile.
2 It regulates all matters that fall within its jurisdiction under the Act.
Assembly of the bourgeois commune
The Assembly of the bourgeois commune consists of bourgeois residents who have the right to vote in the commune. The other active citizens of the commune may also vote if the cases to be dealt with do not concern exclusively the bourgeois commune.
Functions of the Assembly of the bourgeois commune
1 The Assembly of the bourgeois commune has the following competences:
2 The provisions relating to the common policy shall govern by analogy the other powers.
1 Accepted in popular vote of 17 May 1992, in force since 17 May 1992. Ass Warranty. Fed. June 5, 1997 (FF 1997 III 874 art. 1 ch. 1, I 1327).
Competence of the bourgeoisial Council
1 The bourgeoisial Council is competent to grant the municipal city right to Swiss citizens.
2 The other powers of the bourgeoisial Council are defined by analogy with those of the Municipal Council.
1 Accepted in popular vote of 17 May 1992, in force since 17 May 1992. Ass Warranty. Fed. June 5, 1997 (FF 1997 III 874 art. 1 ch. 1, I 1327).
Incorporation
When the bourgeois commune has only a small number of powers, the Assembly of the bourgeois commune can entrust the political municipality with the safeguarding of its interests and renounce its own legal personality.
Composition
1 People of the Catholic faith in the political commune form the Catholic parish. An independent Catholic parish with its own parish council may be constituted by decision of a confessional assembly or by law. Financial disputes between the commune and the parish resulting from such separation shall be settled by the Administrative Court.
2 The existing Reformed Evangelical parish is recognized by public law. Other similar parishes may be created subject to the approval of the Grand Council.
3 The parishes of each denomination may meet in a federation of parishes for their representation abroad, in order to settle common matters and in order to establish fair financial equalization.
Membership Quality
1 The members of a recognized ecclesiastical community living in the district of the parish belong to this parish.
2 The right to vote and the electorate of the members of the parish are governed by the provisions applicable to the political commune. They may be granted to other members of the parish by virtue of the law or a decision of the parish.
3 The priest and the pastor sit ex officio at the parish council and have the right to vote, as well as the chaplains, to the extent that they are treated with objects related to their ministry.
Riding of the parish
1 The electoral district of a Catholic parish generally corresponds to the territory of the political commune. The meeting or division of parishes may be carried out at the request of a parish and by virtue of an order of the Grand Council.
2 The diocesan bishop is competent to modify the parish districts and to create new cures; he makes a decision after hearing the relevant parish council. If, as a result of the division or meeting of parishes, a modification of the electoral district becomes necessary, the Parish Council must agree on this matter with the Diocesan Bishop.
3 The Reformed Evangelical parish has the right to organize itself in one or more parish districts.
Capital and Parish Taxes
1 The parishes administer their fortunes in accordance with the goals to which it is assigned and according to the special charges on the funds belonging to them. If a parish administers the wealth of legal persons, it must present its accounts to the bishop. Monitoring is carried out by the Council of State.
2 The parish taxes to cover the financial needs of parishes are governed by the tax legislation.
Competences of Catholic parishes
1 The Catholic parishes have, subject to the preferential rights and duties of third parties, and by virtue of special titles, the essential task of appointing ecclesiastics and providing for the financial needs of the cures. They can do other tasks.
2 Supervision and administration of chapels is the responsibility of the bourgeois municipalities, subject to special circumstances. These powers and possible commitments may be transferred by contract to the parishes. For cases relating to the supervision and administration of chapels, the priest and the chaplains sit on the bourgeoisial council and have the right to vote.
Competences of Reformed Evangelical Parishes
1 The Reformed Evangelical parish administers its internal affairs autonomously. 1
2 If there are several parishes in the canton, they can freely divide the internal affairs competences between them and the federation of the parishes.
1 Accepted in popular vote of 26. 2010, effective from 1 Er Jan. 2011. Ass Warranty. Fed. Of the 29th. 2011 ( FF 2011 7019 Art. 1 ch. 3, 2011 4149).
Legal situation and tasks
1 Corporations, Teilsamen And Existing Alp Companies are recognized as former public law institutions to administer the heritage of the bourgeoisie.
2 They are guaranteed the administration of their wealth and the free provision of its product.
3 During the placement and administration of wealth, in particular when disposing of land, it will be important to have in mind the economic development and the improvement of the prosperity of the community.
4 The creation and merger of Corporations, Teilsamen And Collectives must be approved by the Grand Council.
Organization
The right to vote and to stand as a candidate is regulated by statute, as well as the organization.
Monitoring
The provisions relating to the supervision exercised by the Council of State on communes apply by analogy to the Corporations, "Teilsamen" and the Corporations of Alpages.
Modificability
The cantonal constitution may, at any time, be completely or partially amended.
Partial Review
The partial revision of the Constitution is in accordance with the rules of the legislative procedure and the revision is subject to the mandatory popular vote.
1 Accepted in popular vote of 29 Nov 1998, in force since 29 Nov 1998. Ass guarantee. Fed. Of Dec 21. 1999 ( FF 2000 127 Art. 1 ch. 2, 1999 4957).
Total Review
1 The decision to completely revise the Constitution is taken in accordance with the rules of the legislative procedure and is subject to mandatory popular vote.
2 If the total revision of the Constitution is decided, the drafting of the new constitution is the responsibility of a Constituent Assembly.
3 The Constituent Assembly shall be elected in accordance with the rules applicable to the election of the Grand Council. All active citizens domiciled in the canton are eligible.
4 The draft prepared by the Constituent Assembly is subject to the secret ballot. If rejected, a new draft must be submitted to the people's vote within three years. If the latter also rejects the second text, the request for a total revision shall be deemed to have lapsed.
1 Accepted in popular vote of 29 Nov 1998, in force since 29 Nov 1998. Ass guarantee. Fed. Of Dec 21. 1999 ( FF 2000 127 Art. 1 ch. 2, 1999 4957).
Adoption of constitutional provisions
1 The new constitutional provisions are accepted if the project is approved by a simple majority of the votes cast at the ballot box.
2 The entry into force of all or part of the new constitutional provisions may be deferred by special requirements:
Entry into force
The provisions relating to the powers of the landsgemeinde and those subject to voting at the ballot box shall enter into force as soon as the people have accepted the new constitution. For the rest, the new constitution comes into force on the day of the "landsgemeinde" of 1969.
Previous Legislation
1 If certain provisions of the former Constitution are necessary for the existence and activity of the cantonal and communal bodies, they shall remain in force until the adoption of the new legislation.
2 The competent bodies must adapt the laws and ordinances which are in contradiction with this Constitution. Los orders, the only form of which is to be amended under the Constitution, shall remain valid until new provisions are adopted by the competent authorities.
3 The financial decrees and orders of the Grand Council against which a referendum resulted in the application of the former right are subject to the vote of the people in the ballot box. The same applies to the financial orders and orders that are subject to a request for a referendum, the time limit for the signature harvest still pending at the entry into force of this constitutional review, and End later. 1
4 Amendments to the orders in force of the Grand Council, which, under the former right, were subject to an optional referendum are, until they are replaced or repealed, subject to the optional referendum that the new right Provides for legislation. 2
1 Accepted in popular vote of 29 Nov 1998, in force since 29 Nov 1998. Ass guarantee. Fed. Of Dec 21. 1999 ( FF 2000 127 Art. 1 ch. 2, 1999 4957).
2 Accepted in popular vote of 29 Nov 1998, in force since 29 Nov 1998. Ass guarantee. Fed. Of Dec 21. 1999 ( FF 2000 127 Art. 1 ch. 2, 1999 4957).
Modification of legal provisions
Where the provisions of the new Constitution deviate from the old legislation with regard to the period of appeal against decisions of the Communal Council or the Communal Assembly, this period shall be 20 days from the date of entry into force of the New constitution.
Paroisses
Catholic citizens who have the right to vote in the six former communes must, within five years after the new constitution comes into force, decide by a communal vote if they want to create independent parishes that have Each of its parish council.
Jurisdiction of the Grand Council
The Grand Council may issue any transitional provisions that are still necessary.
Elections
1 The administrative period 1994 to 1998 of the Community Councils was extended by two years. The next full renewal of the Community Councils takes place in the year 2000.
2 If, in a communal council, seats become vacant before the extended administrative period ends, individual supplementary elections must be held.
3 If the present constitutional addendum is adopted, the following elections shall be held:
4 If a member of the Council of State, a judge or the member of the Council of States withdraws before the organisation of the new elections or if the term of office of one of them expires previously, additional elections shall be held. 3
5 The Council of State shall determine, if necessary, the directives applicable to a popular vote at the ballot box. 4
1 Accepted in popular vote of 9 June 1996, in force since 9 June 1996. Ass Warranty. Fed. June 5, 1997 (FF 1997 III 874 art. 1 ch. 1, I 1327).
2 Accepted in popular vote of 29 Nov 1998, in force since 29 Nov 1998. Ass guarantee. Fed. Of Dec 21. 1999 ( FF 2000 127 Art. 1 ch. 2, 1999 4957).
3 Accepted in popular vote of 29 Nov 1998, in force since 29 Nov 1998. Ass guarantee. Fed. Of Dec 21. 1999 ( FF 2000 127 Art. 1 ch. 2, 1999 4957).
4 Accepted in popular vote of 29 Nov 1998, in force since 29 Nov 1998. Ass guarantee. Fed. Of Dec 21. 1999 ( FF 2000 127 Art. 1 ch. 2, 1999 4957).
Adaptation to the Partnership Act
The amendments to the constitutional provisions on incompatibilities with respect to the person apply for the first time to periods of office beginning on 1 Er July 2008.
1 Accepted in popular vote of Dec 16. 2007, in force since 16 Dec. 2007. Ass Warranty. Fed. 18 Dec. 2008 ( FF 2009 465 Art. 1 ch. 2, 2008 5497).
Adaptation of the law on communal voting
The Act of 24 May 1959 on the procedure for voting and communal elections is amended as follows:
Article 11 shall be supplemented by a paragraph 2:
2 Likewise, the bodies or electors referred to in 1 Er Paragraph may decide that the vote at the ballot box or a possible second round of voting shall take place outside the Municipal Assembly.
Article 16 shall be supplemented by a paragraph 5:
5 When voting at the ballot box or in ballots outside the Communal Assembly, eligibility is not limited to the lists of candidates filed and lists may be withdrawn with the consent of the proposed candidates.
Adaptation of the Public Administration Act
Art. 34, para. 1 and 3, of the Public Administration Act of 8 June 1997, is repealed. The new title is "Withdrawal before term".
1 Accepted in popular vote of 29 Nov 1998, in force since 29 Nov 1998. Ass guarantee. Fed. Of Dec 21. 1999 ( FF 2000 127 Art. 1 ch. 2, 1999 4957).
Administrative Tribunal
The bodies designated in the old legislation remain competent to judge administrative cases until the adoption of the new law on judicial organisation.
Numbers refer to articles and divisions of articles of the Constitution
Real estate acquisitions 70 6
Administration
Social Affairs
Age
Agriculture
Air , pollution protection 31 3
Alpnach 2
Land Improvements and Parcel Redesign 36 2
Land use planning , encourage 35 4
Approval Of the Constitution 122
Arrest, Unjustified 12
Urgent Orders 75 3
Free legal assistance 11 4
Social Assistance 32, 33
Association
Specified Purpose Associations Of communes 84
Health Insurance 34 3
Insurance 33, 34 3
Communal authority 89
Authorities
-Sixteen years 49
Judicial authorities V. Tribunals
Building 35, 36 2 , 37
Well-being 32
Budget
Canton
Catholic
State Chancellor 69 2b
Hunting , monopoly 38
Chef-lieu And the seat of the cantonal authorities 2
Citizen
Trade
Commissions 51, 69 2g
Commons
Bourgeois communes
District Commons
Political Commons
Communication, Encouragement 35 3
Account
Cantonal Concessions 76 6
Conciliation, Authority of v. Courts
Contestants 70 13
Confederation
Confiscation 12
Conflicts of jurisdiction 70 9
Hemlock Council V. Tribunals. Cantonal court
Council of States
Council of State
Constitution
Contracts
Corporations
Supreme Court V. Tribunals
Covering 6 3
Culture
Natural Curiosities , retention 31 1
Delay Appeal against decisions of the municipal authorities 116
Democratic , Free State and - 1
Departments 74
Expenditures
Civic Devoir Citizens 22
Transitional provisions 114-122
Home , inviolability 13 G
Freedom of the City Cantonal 16, 70 11 , 76 11
Right to make proposals V. Initiative. Council of State
Right to vote V. Votations
Right of habitation
Right of initiative of the cantons V. Initiative
Citizens' rights
Fundamental rights 10-14
Political rights V. Citizens' rights
Waters
Ecclesitics 105
School
Economy
Education and teaching 26-30
Equality Before the law 11
Church And State
Elections
-to the Municipal Assembly 93 2-3 , 98 1 , 102 2
-ballot boxes 57
-of the Grand Council 66, 93 2b
-Constituent Assembly 112 3
Eligibility
Employees of the State
Borrowings , jurisdiction of the Grand Council 70 7
Engelberg 2
Education V. School
Maintenance Cantonal buildings and facilities 76 9
Establishment
State
Free Democratic State 1
Reformed Evangelical
Evached Legal agreements 7, 70 13
Executing
Expropriation 14
Family , protection 25
Wildlife and Flora , protection 31 3
Woman
Finance, Financial Regime
-bourgeois commune 98 2
-political common, tax rate 93 6
-Parish 4 4 , 104 2
Public service
Forests
Cantonal Fortune 76 9
Giswil 2
Thanks , right of
Grand Council
-Sixteen years 49
Hospitals and other hospitals
Taxes V. Finance
Incompatibility With other public functions 45, 50
Incorporation Of bourgeois communes 100
Industry , encouragement 35 3
Initiative
-convening of the Communal Council 92 3
-law and form 86
-decision-making 93 4
-completion 61
-form 62
-content 63
-popular motion 61 2
-number of signatures 61
-admissibility 70 10
-Revision of the Constitution v. Revision
-Revision of laws 61 1b
Body integrity 13 F
Inviolability
Days of Feast 9
Judgement , unreasonably 12
Natural Judge 11
Jurisdiction
Kerns 2
Landammann 69 1
Landstatthalter (Vice-landammann) 1
Previous Legislation 115
Legislature 48 1
Freedom
Freedom of association and assembly 13 D
Freedom of belief and worship 13 A
Freedom of the press 13 C
Freedom to move 13 G
Freedom of opinion 13 B
Retained Locations 31
Laws
Lungern 2
Houses 34 2
Trades and Commerce
Mining , monopoly 38
Public Miner , v. Tribunals
Modificability Of the Constitution 110
Monuments , maintenance 31
Morality , order, public tranquillity, security 24
Nature , protection of nature, landscape and sites 31
Orders
Public Order , protection 24
Parented , reasons of incompatibility 51
Paroisses
Registered partnership , incompatibility 51
Landscape , protection of nature, landscape and sites 31
Paysannery And rural land ownership 36
Fishing , monopoly 38
Home requisition 12
Person , inviolability 10
Trusteeship People , non-eligibility 46 1
Petition
People
Communal benefits 44
Social Predictive 32, 33
Prosecutor V. Tribunals
Juvenile counsel V. Tribunals
All-Part Projects V. Initiative
Proportionality 66 2
Proposal designed in general terms
Property , guarantee and expropriation 14
Protection of young people 25 2
Public , public nature of the meetings 56
Quality of Active Citizen 20
Management Reports , review and approve management reports 70 3
Recourse
Referendum
-at the ballot box 58, 59, 113
-against the decisions of the Grand Council 59 1b
-against federal laws and orders 58 B
-against orders from the Grand Council 115 4
Requal, Monopolies 38
Religion
Parcel Replacements 36 2
Liability 54
Revision Of the Constitution
Roads 37
Sasha 2
Public health 34
Sarnen 2
Science , encouraging scientific activities 30 2
Meetings , deliberations, public character 56
Security
Seat 17
Salt , monopoly 38
Separation of powers 45, 77
Oath 55
Seat Cantonal authorities 2
Alpine Sites , protection of nature, landscape and sites 31 3
Past evocative sites 31
Alp Companies 107-109
Soil , rational use 35
Sovereignty 1
Training Grants Competition 29
Monitoring (high monitoring)
Public Tasks 24-44
Teilsamen V. Corporations
Territory , Division 2
Political rights holders 15
Public Tranquillity , order, security, morality 24
Cantonal court V. Tribunals
Arbitration Tribunal V. Tribunals
Juvenile Court V. Tribunals
Tribunals
-Sixteen years 49
Tutelle , tasks 32 2
Urn V. Votations
Old and Infirmed , protection 25 2
Privacy 12
Votations
