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Translation 1
18 May 2003/14 September 2003 (State on 24 September 2014) 2
We people of the Canton of Grisons,
Conscious of our responsibility to God and to the people and nature that surround us,
Resolved to preserve freedom, peace and human dignity, to guarantee democracy and the rule of law, to promote prosperity and social justice and to preserve the environment for future generations,
Determined to promote trilingualism and cultural diversity and to conserve them as part of our heritage,
We give the following Constitution:
The Canton of Grisons
The Canton of Grisons is a state of liberal, democratic and social law.
Relations with the Confederation, the cantons and the foreign country
1 The Canton of Grisons is a fully-fledged state of the Swiss Confederation.
2 He supported Confederation in the performance of his duties.
3 It collaborates with the other cantons and with neighbouring countries.
4 It promotes agreement and exchanges between the regions and the linguistic communities of Switzerland.
Languages
1 German, Romansh and Italian are the official languages of the canton. They have the same legal value.
2 The Canton and the communes shall support or take the measures necessary for the safeguarding and encouragement of Romansh and Italian. They promote understanding and exchanges between linguistic communities.
3 The communes choose their official languages as well as the languages in which the teaching is provided in schools within the limits of their competences and in collaboration with the Canton. This choice must be made in the light of the languages traditionally spoken by their populations and in the respect of the linguistic minorities traditionally established in their territory. 1
1 Accepted in popular vote of 23. 2012, effective from 1 Er Jan. 2015. Ass guarantee. Fed. Of the 237-7. 2013 ( FF 2013 7047 Art. 1 ch. 4 3447).
Separation and balance of powers
1 The structures and authority of the state are based on the principles of separation and balance of power.
2 In order to achieve the objectives of the State, the authorities cooperate within the limits of their competence.
Rule Based State
1 The law represents both the basis and the limits of the activity of the State.
2 The activity of the State must satisfy a public interest and be proportionate to the purpose.
3 The authorities and individuals must act in accordance with the rules of good faith.
Individual and social responsibility
Each person is responsible for themselves and has certain responsibilities to the community, including the conservation of vital resources.
Fundamental rights and social goals
Fundamental rights and social goals are guaranteed within the limits of the Federal Constitution 1 And binding international treaties for Switzerland.
Right to vote and stand for election
1 Have the right to vote and to stand as a candidate for all Swiss citizens who are 18 years of age and who are domiciled in the canton.
2 Do not have the right to vote and to stand as a candidate for persons who, because of a long-term disability of discernment, are protected by a general curate or a term of office for reasons of incapacity. 1
3 The right to vote and to stand as a cantonal foreigner in cantonal matters is governed by the law.
4 Within the limits of the municipal law, municipalities may grant the Swiss and the Swiss abroad, as well as persons of foreign nationality, the right to vote and the right of active or passive eligibility in communal matters.
1 Accepted in popular vote of 11 March 2012, in force since 1 Er Jan. 2013. Ass Warranty. Fed. On March 11, 2013 ( FF 2013 2337 Art. 1 ch. 4,193).
Principles of elections and voting
1 The right to vote and to stand as a candidate must be general, equal, free, direct and secret. Voting by show of hands at communal meetings is reserved. 1
2 Voted objects must be presented in a simple and easily understandable manner. The authorities must ensure that the process of forming opinion and that the expression of the will of the people is not distorted.
1 Accepted in popular vote of 23. 2012, effective from 1 Er Jan 2017. Ass Warranty. Fed. Of the 237-7. 2013 ( FF 2013 7047 Art. 1 ch. 4 3447).
People and authorities elected by the people
People with the right to vote elect
1 Accepted in popular vote of 23. 2012, effective from 1 Er Jan. 2015. Ass guarantee. Fed. Of the 237-7. 2013 ( FF 2013 7047 Art. 1 ch. 4 3447).
2 Repealed in popular vote of 23. 2012, with effect from 1 Er Jan. 2015. Ass guarantee. Fed. Of the 237-7. 2013 ( FF 2013 7047 Art. 1 ch. 4 3447).
Purpose
1 The initiative allows 4000 people with the right to vote or one seventh of the communes to request a total or partial revision of the cantonal constitution.
2 3000 persons who have the right to vote or an eighth of the municipalities are sufficient when the initiative is to obtain:
Shape
1 The initiative may be submitted in the form of a proposal designed in general terms or in the form of a written project.
2 The initiatives aimed at the total revision of the Cantonal Constitution or the drafting of a decree may be tabled only in the form of a proposal designed in general terms.
Irrecervability
1 The initiative is inadmissible in whole or in part if:
2 It may be declared partially inadmissible if the wishes of its authors are not distorted and the logic and unity of the project are not compromised.
3 It is up to the Grand Council to judge the admissibility of initiatives. Its decision may be the subject of an appeal to the Administrative Court.
Procedure
1 Popular initiatives and projects based on a proposal designed in general terms must be submitted to the people's verdict or to the optional referendum within two years after the initiative is tabled. The Grand Council may extend this period of six months.
2 For each initiative, the Grand Council may propose a counterproject.
3 The initiative and the counter-project are submitted to the people simultaneously.
Referendum required
Must be submitted to the vote of the people:
1 Repealed popular vote on March 3, 2013, with effect from 1 Er May 2013. Ass Warranty. Fed. Of the 24th. 2014 ( FF 2014 7615 Art. 1 ch. 6 3573).
Optional Referendum
1 At the request of 1500 persons having the right to vote or one tenth of the communes, are subject to the vote of the people:
2 The Grand Council may submit to the optional referendum decisions within its competence, with the exception of the decrees on the subject of tax, the budget and the state account, as well as the elections and cases under the jurisdiction of the Justice.
3 The request for a referendum must be filed in the non-ante days from the official publication of the decree.
Emergency law
1 Laws that must come into force as soon as possible can be enacted without delay, provided that the Grand Council accepts the emergency procedure by a two-thirds majority.
2 These laws are subject to an optional post-referendum referendum.
Policy issues and alternatives
1 The Grand Council may decide to submit questions of principle to the people's vote.
2 It may attach a variant to subject matter submitted to a mandatory referendum or subject to an optional referendum.
3 If the vote takes place, the people must be able to decide both on the original project and on the variant. If the vote does not take place, the variant is lapsed.
Eligibility
1 The authorities and courts of the canton, as well as the Council of States, are eligible to vote in the canton. The law may provide that the eligibility requirement must be met only upon entry into office. 1
2 The other conditions of eligibility for the authorities and courts of the canton, as well as the conditions for the involvement of state staff are governed by the law.
3 The law regulates the suspension and dismissal of the members of the authorities and the courts. 2
1 Accepted in popular vote of 26 Nov 2006, in force since 1 Er Jan 2007. Ass Warranty. Fed. On 6 March 2008 ( FF 2008 2273 Art. 1, c. 8, 2007 7197).
2 Accepted in popular vote of 26 Nov 2006, in force since 1 Er Jan 2007. Ass Warranty. Fed. On 6 March 2008 ( FF 2008 2273 Art. 1, c. 8, 2007 7197).
Incompatibilities
1 No one may be a member of its direct supervisory authority.
2 The members of the Government and the judicial authorities, as well as members of the staff of the State engaged on a full-time or principal basis, may not be members of the Grand Council.
3 Persons who are a judge in the canton cannot at the same time be members of the Government or another judicial authority in the canton.
4 Members of the Government and members of a judicial authority who perform their duties on a full-time basis are not eligible for either the Federal Chambers or the Federal Court.
5 Other cases of incompatibility of functions and tasks, family restrictions and exceptions are governed by the law.
Function Duration
For members of the Grand Council, the Government, the courts and the Council of States, the term of office is four years.
Immunity
1 The members of the Grand Council and the Government do not incur any legal liability for what they say during the deliberations of the Grand Council or its committees.
2 Other forms of immunity may be provided for by law, which may also extend the circle of persons who benefit from it.
Information
The authorities and the courts regularly inform the public of their activities.
State responsibility
1 Whether or not there has been a fault, the Canton, the regions and the municipalities, as well as the other public authorities and autonomous institutions, respond to the damage that their organs and the persons to their service have caused without right in The performance of their duties. 1
2 The legislator may provide for exceptions. In the event of damage resulting from actions in accordance with the law, it may provide that the authorities incur their responsibility when the equity so requires.
1 Accepted in popular vote of 23. 2012, effective from 1 Er Jan. 2015. Ass guarantee. Fed. Of the 237-7. 2013 ( FF 2013 7047 Art. 1 ch. 4 3447).
Composition and election
1 The Grand Council consists of 120 members.
2 Its members are elected by majority vote.
3 The canton is divided into a maximum of 39 electoral districts. The Act regulates the membership of municipalities in these electoral districts and the consequences of groupings of communes on the number of electoral districts. 1
4 The seats are divided among the electoral districts according to the number of their residents of Swiss nationality.
5 The substitute is governed by the law.
1 Accepted in popular vote of 23. 2012, effective from 1 Er Jan. 2015. Ass guarantee. Fed. Of the 237-7. 2013 ( FF 2013 7047 Art. 1 ch. 4 3447).
Status of Board Members
1 The members of the Grand Council deliberated and voted without instructions.
2 Subject to professional secrecy, they make public the links they have with interest groups.
3 They have access to the administration of the special rights of information and consultation of the files specified by the law.
Advertising of meetings
Generally, the meetings of the Grand Council are public.
Principle
Subject to popular rights, the Grand Council is the supreme authority of the canton. It is the legislative authority and supreme supervisory authority of the canton.
Legislative activity
1 The Grand Council enacted all important provisions in the form of laws.
2 The provisions which are to be enacted in the form of laws under the Constitution, as well as those relating to:
3 The validity of laws may be limited in time. Before being continued, laws must be examined as to their effectiveness.
Other legislative powers
1 Where it is not required to legislate in the form of laws, the Grand Council may, if expressly authorized by law, issue decrees.
2 It approves inter-cantonal or international conventions where the Government does not have the competence to decide on its own.
3 The Grand Council must be able to take part in the preparation of important intercantonal or international conventions.
Monitoring and High Monitoring
1 The Grand Council monitors the Government as well as the cantonal court and the Administrative Court.
2 It exercises high supervision over the administration, other areas of justice and other bodies with public tasks.
Planning
1 The Grand Council defines the main lines and the priority political objectives.
2 It reviews the Government's programme, financial planning and other fundamental political plans of the Government.
3 It may decide to continue the planning process and mandate the Government.
Finance
1 In the light of financial planning, the Grand Council adopts the budget and approves the state account. The law may provide for exceptions. 1
2 It sets the level of taxes on the basis of tax legislation.
3 It shall definitively decide on new one-time expenditure not exceeding one million francs and new periodic expenditure not exceeding 300 000 francs per year.
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, c. 5 2715).
Elections
The Grand Council elects:
Thanks
The Grand Council decides on remedies. The legislator may delegate this power to the Government.
Composition
1 The Government consists of five members.
2 He takes and defends his decisions in collegial authority.
Election
1 The Government is elected by majority vote.
2 The cantonal territory is the electoral district.
3 Members of the Government may be re-elected twice.
Presidency
For one year, the Grand Council elects one member of the Government to the Presidency and another to the Vice-Presidency of the cantonal Government.
Incidental occupation and representation of interests
1 Any incidental occupation is prohibited to members of the Government.
2 The representation of the Canton in organs of undertakings or organizations in which the Canton holds shares or is supported by it shall be eligible subject to the agreement of the Government. The law may provide for other exceptions.
Tasks of the Government
1 The Government plans, defines and coordinates the objectives of the action of the State with the means allocated to it, subject to the competence of the people and the Grand Council.
2 It establishes a government program at regular intervals.
3 It executes the laws and ordinances as well as the decrees of the Grand Council.
4 It represents the Canton within and outside the cantonal borders.
Administration Directorate
1 The Government directs the cantonal administration.
2 It ensures the legality and effectiveness of the work of the administration and decides on its organisation within the limits of the cantonal law.
Collaboration with the Grand Council
1 The Government prepares the files of the Grand Council when it does not prepare the files themselves.
2 He presented to the Grand Council draft constitutional amendments, as well as draft laws, orders and decrees.
3 The members of the Government shall take part in the meetings of the Grand Council in an advisory capacity. They may submit proposals.
Power to legislate
1 The Government makes the provisions of lesser importance in the form of ordinances.
2 It has the power to negotiate intercantonal or international conventions. It may also be able to conclude whether its regulatory jurisdiction authorizes it.
Finance
The Government shall draw up the financial plan, prepare the budget and the State account for the attention of the Grand Council.
Other Tasks
In addition, the Government is responsible for:
Special situations
1 The Government may issue orders or decrees without a legal basis in the event of imminent or serious interference with public safety or a state of social emergency.
2 Such orders or decrees shall be approved by the Grand Council and shall lapse no later than one year after their entry into force.
Departments and State Chancellery
1 The cantonal administration is divided into departments, each of which corresponds to a specific sector of activity. The Government defines the tasks of each department by way of a prescription.
2 The State Chancellery is a body of the General Staff responsible for the coordination and contact between the Grand Council, the Government and the Administration.
Other public task bodies
1 The Canton may entrust certain public tasks to bodies outside the cantonal administration.
2 Government oversight, adequate participation of the Grand Council and legal protection must be guaranteed.
3 The autonomous institutions of cantonal public law may issue ordinances if the legislation expressly authorises them and if the matter to be settled must not necessarily be of a legislative nature. 1
1 Accepted in popular vote of 24 seven. 2006, effective from 1 Er Jan 2007. Ass Warranty. Fed. On 6 March 2008 ( FF 2008 2273 Art. 1, c. 8, 2007 7197).
Independence and impartiality
1 The independence and impartiality of the courts are guaranteed. The jurisprudence of the courts should only be dictated by law.
2 Subject to the powers of the Grand Council, the administration of justice is the responsibility of the courts.
3 Judges are not allowed to represent a party in contentious proceedings before their own courts.
4 Members of a judicial authority who perform their duties on a full-time basis are not permitted to have an incidental occupation. The law may authorize exceptions.
Finance, rights of participation in the deliberations of the Grand Council and legislative powers
1 The cantonal court and the Administrative Court shall submit to the approval of the Grand Council their draft budget, annual accounts and management report.
2 The Presidents participate in the Grand Council meetings devoted to the review of the budget, annual accounts and court management reports. They have a consultative voice and can make proposals.
3 The cantonal court and the administrative tribunal may issue ordinances concerning the administration and supervision of justice if the law expressly provides for it and the matter to be settled must not necessarily be Legislative degree.
1 Accepted in popular vote of 26 Nov 2006, in force since 1 Er Jan 2007. Ass Warranty. Fed. On 6 March 2008 ( FF 2008 2273 Art. 1, c. 8, 2007 7197).
Supervision of judicial authorities
1 The cantonal court monitors all areas of justice, both in civil and criminal matters.
2 The Grand Council supervises the cantonal court and the administrative tribunal, as well as the high level of supervision over other areas of the administration of justice.
3 Monitoring and high surveillance are limited to the areas of management and administration.
Advertising of debates
Subject to the exceptions provided for by law, the debates are public.
Civil Jurisdiction and Criminal Jurisdiction
The civil court and the criminal court are exercised by:
1 Accepted in popular vote of 23. 2012, effective from 1 Er Jan 2017. Ass Warranty. Fed. Of the 237-7. 2013 ( FF 2013 7047 Art. 1 ch. 4 3447).
2 Repealed in popular vote of 17 May 2009, with effect from 1 Er Jan. 2011. Ass Warranty. Fed. June 8, 2010 ( FF 2010 3977 Art. 1 ch. 5 1955).
Constitutional Jurisdiction and Administrative Jurisdiction
1 As a last resort, the judgment of disputes governed by public law is the responsibility of the Administrative Court, unless the law provides otherwise.
2 The Administrative Tribunal operates as a constitutional court when it is called upon to:
3 In proceedings before the constitutional court, laws and ordinances may be challenged directly or examined in the context of their practical application.
1 Accepted in popular vote of 23. 2012, effective from 1 Er Jan 2017. Ass Warranty. Fed. Of the 237-7. 2013 ( FF 2013 7047 Art. 1 ch. 4 3447).
Other judicial or extrajudicial authorities
The legislator may establish other judicial or extra-judicial authorities.
Council of States
1 Elections to the Council of States are held by majority vote. They are organised at the same time as the elections to the National Council.
2 The cantonal territory forms a single electoral district.
Cantonal referendum
On behalf of the Canton, the Grand Council or the Government may request that a federal law, a federal order or an international treaty be the subject of popular vote.
Political Commons
1 Political communes are communities governed by the cantonal public law having its own legal personality. They consist of all persons domiciled in the commune.
2 They have the competence to deal with all the local cases which do not belong to the bourgeoisie.
Intercommunal Cooperation
1 In order to carry out their tasks, municipalities may cooperate with other communes or organisations. The law provides for the possibility of coercing municipalities into co-operating.
2 The law governs inter-communal cooperation and the delegation of tasks and guarantees political participation rights.
Amalgamation
The merger of municipalities is governed by the law.
Encouragement of inter-communal cooperation and the merger of municipalities
The Canton encourages inter-communal cooperation and the merging of municipalities in order to ensure that they carry out their tasks properly and rationally.
Communal Autonomy
1 The autonomy of the municipalities is guaranteed. Its limits are defined by the cantonal law.
2 In particular, the communes have the right to decide on their organisation, to establish authorities and an administration and to manage their finances autonomously.
Organs
1 Any political community must be equipped with:
2 The communes can replace or supplement the communal assembly by a communal parliament.
Regions
1 The Canton is composed of the following regions:
2 The law regulates the membership of municipalities in these regions.
1 Accepted in popular vote of 23. 2012, effective from 1 Er Jan. 2015. Ass guarantee. Fed. Of the 237-7. 2013 ( FF 2013 7047 Art. 1 ch. 4 3447).
1 Repealed popular vote of the 237-7. 2012, with effect from 1 Er Jan. 2015. Ass guarantee. Fed. Of the 237-7. 2013 ( FF 2013 7047 Art. 1 ch. 4 3447).
1 Repealed popular vote of the 237-7. 2012, with effect from 1 Er Jan. 2015. Ass guarantee. Fed. Of the 237-7. 2013 ( FF 2013 7047 Art. 1 ch. 4 3447).
Regions
1 The regions are corporations governed by the cantonal public law and carry out only the tasks entrusted to them by the canton or the municipalities.
2 The organization of regions and political rights are governed by the law.
3 Regions are the judicial districts of the regional courts.
1 Accepted in popular vote of 23. 2012, effective from 1 Er Jan. 2015. Ass guarantee. Fed. Of the 237-7. 2013 ( FF 2013 7047 Art. 1 ch. 4 3447).
1 Repealed popular vote of the 237-7. 2012, with effect from 1 Er Jan 2017. Ass Warranty. Fed. Of the 237-7. 2013 ( FF 2013 7047 Art. 1 ch. 4 3447).
1 Repealed popular vote of the 237-7. 2012, with effect from 1 Er Jan 2017. Ass Warranty. Fed. Of the 237-7. 2013 ( FF 2013 7047 Art. 1 ch. 4 3447).
Monitoring
1 The Government monitors the regions within the limits of the cantonal law. The supervision of the judicial authorities is beyond its competence.
2 As regards the tasks assigned to the regions by the municipalities, supervision is limited to the control of their legality, unless the law provides otherwise.
1 Accepted in popular vote of 23. 2012, effective from 1 Er Jan. 2015. Ass guarantee. Fed. Of the 237-7. 2013 ( FF 2013 7047 Art. 1 ch. 4 3447).
Principles
1 The Canton and the communes promote the prosperity and social security of the population, the families and the individual.
2 They work in favour of equal opportunities and in particular in favour of equality between men and women.
3 They encourage private initiative by creating favourable framework conditions.
4 They are responsible for carrying out public tasks by providing natural resources.
Competence and cooperation
1 The Township and the municipalities are responsible for public interest tasks that cannot be adequately performed by the private sector. These tasks are defined by the Constitution and by law.
2 The Canton, regions and municipalities cooperate in carrying out public tasks. Collaboration with the private sector should be sought as often as possible. 1
1 Accepted in popular vote of 23. 2012, effective from 1 Er Jan. 2015. Ass guarantee. Fed. Of the 237-7. 2013 ( FF 2013 7047 Art. 1 ch. 4 3447).
Decentralization of State activity
The Canton carries out a decentralisation of public tasks, particularly where the nature of the task, the costs and the efficiency permit.
Re-examining Tasks
The need, effectiveness and capacity to finance public tasks must be reviewed periodically.
Land use planning
The Canton and the communes shall endeavour to ensure the use and development of the territory which is both judicious, measured, coordinated and sustainable. They take into account the needs of the population and the environment as well as the decentralised occupation of the territory.
Protection of the environment, nature and heritage
1 The Canton regulates the implementation of the federal law on the protection of the human being and its natural environment from harmful or inconveniences. The costs of measures to prevent or eliminate these infringements are borne by those responsible.
2 The Canton and the communes shall ensure the protection and conservation of the fauna and flora and their natural habitats.
3 They shall take the necessary measures to protect and conserve the landscapes and physiognomy of localities, historic sites and important natural and cultural monuments.
Infrastructure
1 The Canton and the communes shall ensure adequate supply of the cantonal water and energy territory and the existence of adequate transport and telecommunications networks.
2 They promote a secure, sufficient and environmentally friendly energy supply, economic and rational consumption and the use of renewable energy.
3 They provide a transportation system that meets the needs, cleaners the environment and is economic. They encourage public transport.
4 The Canton encourages cooperation at the inter-municipal and regional levels and ensures fiscal equalization.
Economic Policy
1 The Canton and the communes create the framework conditions for a well-performing and sustainable economy. They are actively promoting the economy.
2 They encourage the efforts of the economy to preserve or create jobs.
3 They support retraining, professional development and reintegration measures and promote efforts to reconcile work and family life.
4 They shall take measures to limit as far as possible the density of the regulation and the administrative burden placed on undertakings, in particular small and medium-sized enterprises (SMEs). 1
1 Accepted in popular vote of 29 Jan 2012, in force since 29 Jan 2012. Ass guarantee. Fed. On March 11, 2013 ( FF 2013 2337 Art. 1 ch. 4,193).
Equal and Monopolies
1 The regalian rights of the Canton are:
2 The Mining Regal is a sovereign right of the municipalities.
3 Regal rights are exclusive rights of exploitation. The Township or the commune may make use of it for its own account or transfer it to third parties.
4 By legislative means, the Canton may create monopolies for the purpose of exploiting them if the public interest orders it.
5 Existing private rights are reserved.
Integration
1 The Canton and the communes shall ensure that persons dependent on the aid of others benefit from adequate supervision, support and social integration measures.
2 They promote the social and professional integration of disadvantaged people because of a disability or disease or for other reasons.
3 Within the limits of what can reasonably be expected of them from an economic point of view, they ensure that the disabled are adequately taken into account.
4 Within their limits, they make public buildings and facilities accessible to persons with disabilities.
Health
1 The Canton regulates the public health sector.
2 The Township and the communes shall ensure that the population receives adequate and adequate health and care services, and that they are provided in an economic manner.
3 They encourage and support disease and addiction prevention measures.
Family
The Canton and the communes create general conditions favourable to the families.
Education
1 Education in public schools is based on Christian and humanist values. It is tolerant and is politically and religiously neutral.
2 The Canton and the communes shall ensure that children and adolescents receive basic education in accordance with their abilities. By offering children with disabilities an education adapted to their opportunities, they promote their social integration.
3 The Canton is responsible for secondary education, vocational training and development, degree schools and high schools. To this end, it can manage itself or financially support schools. It is responsible for the decentralisation of secondary schools as well as vocational training centres and encourages higher vocational schools and high schools in the canton.
Culture and research
The Canton and the communes encourage the arts, culture and science and promote cultural exchanges, taking into account linguistic plurality and regional particularities.
Recreation and sports
The Canton and the communes encourage the judicious organisation of leisure activities, the supervision of young people and sports.
Principles
1 Public funds must be used in a sparse, cost-effective and efficient manner.
2 In view of the evolution of the economy, the cantonal finances must be balanced in the medium term.
3 Each expenditure must be based on a legal basis, an order authorising the appropriation and an authorisation for payment.
4 As a matter of principle, costs must be borne by those who cause them.
Tax skills
1 The tax powers of the Canton and the municipalities are defined by law.
2 The tax powers of the Churches recognised by the State and the parishes are reflected in the provisions on relations between the State and the Churches.
Principles of Taxation
1 To the extent that the nature of the tax permits, taxes must be adjusted in accordance with the principles of universality, equal treatment and economic capacity.
2 Taxes must be designed so that economically weak people are spared, that taxpayers are not discouraged in their economic activities, that personal foresight is encouraged and that competitiveness is not Is not called into question.
3 Double taxation by municipalities is prohibited.
Fiscal Equalization
1 The Canton ensures fiscal equalization.
2 Fiscal equalization is intended to ensure the balance between the municipalities and the regions in terms of the tax burden and the benefits provided.
3 The law may provide for the payment of additional contributions in order to reduce the imbalances between regions, to assist a municipality or region with a particular function or to encourage the completion of certain tasks.
Financial oversight
The Grand Council carries out financial supervision. He is assisted in this task by an independent supervisory body.
Churches Recognized by the State and Parishes
1 The Evangelical Reformed Church and the Roman Catholic Church are recognized in public law.
2 The Evangelical Reformed Church, as well as its parishes and the Roman Catholic Church, as well as its parishes are communities of public law.
3 The legislature may grant the status of a community of public law to other religious communities.
Autonomy
1 Within the limits of the cantonal law, the churches recognised by the State and their parishes manage their affairs autonomously.
2 They have the right to levy taxes from their members, provided that they comply with the same principles as the communes.
3 The right to appoint and dismiss ecclesiastics belongs to the parishes.
4 The Canton exercises high supervision over the use of financial means, which must be in conformity with the law, as well as on respect for the law in general.
5 The law may provide for the possibility of submitting legal persons to ecclesiastical taxation.
Religious Communities of Private Law
Other religious communities are governed by private law.
Total Review and Partial Review
1 The Cantonal Constitution may be revised at any time, totally or in part.
2 The partial revision may relate to an isolated provision or to several provisions relating to each other.
3 The procedure for the full revision of the cantonal constitution is open by means of a popular initiative or by decree of the Grand Council.
4 In the context of the total revision of the Cantonal Constitution, the draft may contain, instead of a variation within the meaning of Art. 19, one or more variants, which will be submitted to the people separately, either before the general project or at the same time as it.
Entry into force
1 This Cantonal Constitution shall enter into force at 1 Er January 2004.
2 On that date, the Constitution of the Canton of Grisons of 2 October 1892 is hereby repealed.
3 The amendments to the cantonal constitution of 2 October 1892, which are decided between the date of the vote of the Grand Council on the cantonal constitution and the entry into force of the latter, are introduced in the new cantonal constitution by The Grand Council. This decree is not subject to the referendum.
Legislative acts remaining in force
1 Legislative acts which have been decided by an authority which is no longer competent, or in the course of a procedure which is no longer valid, shall remain in force.
2 The amendment of these normative acts shall be governed by this Cantonal Constitution.
3 Until the entry into force of the corresponding new provisions, the following provisions of the Constitution of the Canton of Grisons of 2 October 1892 remain applicable:
4 Art. 38, para. 2, of the Constitution of the Canton of Grisons of 2 October 1892 shall remain in force until 31 December 2008 at the most:
They are allowed to settle their political and administrative affairs by binding orders for all and, in order to cover their administrative expenses, to levy taxes in a circle according to the principles of equity and justice. The right to collect tax at source is reserved for the Canton. Circles that levy progressive taxes are not allowed to exceed the rates of progression provided for in cantonal tax laws.
Adaptation of legislation
1 If this Cantonal Constitution calls for the establishment of new legal provisions or the amendment of the existing law, these adaptations must be undertaken without delay.
2 The Government shall submit to the Grand Council proposals corresponding to the adaptations of the legislation required by this Constitution within three years of the entry into force of this Constitution.
Administrative and judicial authorities
1 Subject to the following exceptions, the administrative and judicial authorities shall remain in office until the end of their period of office:
2 Renewal elections and replacement elections shall be governed by the provisions of this Cantonal Constitution.
3 Until the entry into force of legal provisions in this field, members of a judicial authority who perform their duties on a full-time basis need the authorisation of the Commission of Justice of the Grand Council if they wish to have a Ancillary occupation of any type. This occupation must not prevent them from fulfilling their duties without reservation and must in no way infringe the independence and credit of the court. The Commission of Justice may decide on an appropriate reduction in the volume of work or require the magistrate to assign part of the remuneration obtained for its ancillary activity. Moreover, the provisions governing the status of members of a judicial authority which carry out their duties on a full-time basis shall remain applicable.
4 Until the entry into force of provisions governing the procedure before the constitutional court, the provisions on administrative procedure shall apply.
Political rights
1 The conclusion and validity of applications for popular initiatives and referendums announced at the State Chancellery prior to the adoption of this Constitution shall be determined under the former right.
2 The objects adopted by the Grand Council upon the entry into force of this Cantonal Constitution shall be submitted to the people in accordance with the former right.
3 Popular initiatives calling for a partial revision of the Constitution of 2 October 1892, which were tabled before the adoption of the new Constitution, were transformed by the Grand Council into partial revision projects of the new Constitution. Cantonal Constitution.
Regional Trade Unions
1 Regional organisations for inter-communal cooperation which, when the new cantonal constitution comes into force, do not yet have the status of regional trade union within the meaning of the latter, are regarded as regional trade unions Until 31 December 2006.
2 The management of these organisations has until 31 December 2004 to present to the municipalities and the competent bodies the draft constitution of a regional trade union.
Circles, Districts, Regional Trade Unions
1 Circles which carry out tasks delegated by the communes remain until two years after the entry into force of the subdivision of the canton into regions, as corporations governed by the cantonal public law. The period of office of the Presidents and their alternates shall be extended until the circle is dissolved.
2 Districts are the judicial districts in civil and criminal matters until the end of 2016. Their status is governed by the law.
3 From the entry into force of the subdivision of the canton into regions, no more tasks can be delegated to regional circles and trade unions.
4 The responsibility of the circles, districts and regional trade unions and the supervision of these corporations are guaranteed as long as the latter remain, to the extent provided for by the Constitution of the Canton of Grisons of 18 May 2003/14 September 2003.
Index of Contents
Numbers refer to articles and divisions of articles of the Constitution
Cantonal Administration
Age
Humanitarian aid 92
Land use planning 80-82
Judgments
Authorities
Budget
Bourgeoisies 60, 61
Canton
Catastrophe Protection in case of 79
Chancery 49
Circles
Collaboration
Commissions
Commons
Account
Confederation
Council of States 21, 57
National Council 21, 57
State Councillors v. Government
Constitution
Counter-Project 16
Conventions
Culture 89, 90
Delegation , of legislative power 50 3
Departments 49
Expenditures
Final provisions 102 107 108
Districts 108
Division of the cantonal territory 68
Law (s)
Waters
Ecclesitics Appointments 99
School
Economy
Education
Equality
Churches
Elections
Eligibility 21
Energy 82
Education 89
State
Executing
Family 88
Finance , 93-97 regime
Official Feature
Training V. Education
Government
Grand Council
Thanks 37
Taxes
Incompatibilities 22
Initiative
Autonomous Institutions
Judge V. Tribunals
Jurisdiction
Justice. Monitoring on 33, 51 A
Languages
Freedom Preamble
Laws
-regions 74
-communes 67
Monopolies 85
Orders or Decrees without a legal basis 48
Public Order 47, 79
Paroisses V. Churches
Political parties 20
Fiscal Equalization 96
Staff of the State
Financial Planning
Policy objectives planning 34
PME 84 4
Electoral power of the people 11
Private
Protection of the environment 81, 82
Public/Public
Advertising
Report
Research 90
Recourse
Referendum
Financial Referendum
Equal 85
Regions 68, 71, 74
Religion V. Churches
Liability Of the State 26
Individual and social responsibility 6
Revision V. Constitution
Roads V. Transport
Public health 87
Professional Secret 28
Security and Public Order 47, 48, 79
Separation and balance of powers 4
Special situations 48
Social
Sovereignty V. Status
Sports and recreation 91
Monitoring (high monitoring)
Regional Trade Unions 69, 72, 74, 107
Tax Rate 17, 103
Telecommunications 82
State treaties V. Conventions
Public transport 82
Tribunals
Votation
Vote V. Votations
1 Accepted in popular vote of 23. 2012. Ass Warranty. Fed. Of the 237-7. 2013 ( FF 2013 7047 Art. 1 ch. 4 3447). L' al. 1 comes into force on 1 Er March 2014; s. 2 to 4 come into force on 1 Er Jan. 2015.
Accepted in popular vote of 18 May and 14 seven. 2003, in force since 1 January 2004. Ass guarantee. Fed. June 15, 2004 (FF) 2004 3437 s. 1,993).
1 The text in the original language is published, under the same number, in the German edition of this compendium.
2 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.
3 Accepted in popular vote of 23. 2012, effective from 1 Er Jan. 2015. Ass guarantee. Fed. Of the 237-7. 2013 ( FF 2013 7047 Art. 1 ch. 4 3447).
