Canton of Ticino

¹ The Canton of Ticino is a democratic republic of Italian culture and language.

² It is a member of the Swiss Confederation and its sovereignty is limited only by the federal constitution ¹ .

Sovereignty

¹ The sovereignty of the canton belongs to all its citizens and is exercised in accordance with the rules laid down in the Constitution.

² The vote of the canton is given by the people to the majority of valid ballots.

Arms

The coat of arms of the canton is:

"Party Gules and Azure".

Purpose

¹ The canton guarantees and realizes the freedom and the individual and social rights of every person who lives in his territory, encourages his ass, solidarity and economic well-being, and preserves his own identity and values Environment.

² The pursuit of common interests implies the participation of all.

³ The canton promotes equal opportunities for citizens. ¹

Capital

The capital of the canton is Bellinzona, where the Grand Council and the Council of State have their seat.

Protection of human dignity

¹ The right to life belongs to every human being and must be protected.

² Human dignity is inviolable.

³ The death penalty, torture and inhuman or degrading treatment are prohibited.

Equality

¹ No one shall be discriminated against or take advantage of his or her origin, race, social situation, religious, philosophical or political beliefs or the fact of his or her health.

² Women and men are equal before the law.

³ Women and men are entitled to equal pay for work of equal value.

⁴ In the constitution, in the laws and in the activities of the state, the terms that refer to man refer to both women and men.

Individual entitlements

¹ Everyone has the right to express one's own personality.

² The following guarantees in particular:

A.

Personal freedom, physical and moral integrity;

B.

Freedom of conscience and religion;

C.

Freedom of opinion and information and freedom of the press;

D.

The protection of the private sphere and personal data, as well as the right of every person to consult the official or private data concerning him, to request their rectification if they contain errors and to require to be Protected from abusive employment;

E.

Freedom of association, assembly and public demonstration;

F.

The right to strike and the right of lock-out when they relate to labour relations and when there is no obligation to preserve the peace of work or to resort to conciliation;

G.

Freedom of establishment;

H.

Property;

I.

Economic activity within the limits of the general interest;

1.

The right to petition the authorities and receive a response within a reasonable period of time;

M.

The freedom of parents to choose for their children institutions other than those of the public authorities, but in accordance with the minimum standards laid down by the State in the field of education, and to give them a religious and moral education In accordance with their own convictions;

³ Individual rights cannot be achieved in their essence; a law may restrict them only if the overriding public interest so requires, and in accordance with the principle of proportionality.

⁴ In the expression of ideal freedoms, prior censorship is prohibited.

Inviolability of personal freedom

¹ Personal freedom, the home and the secret of all forms of communication are inviolable.

² No one shall be arrested, detained, searched, interned for reasons of security, or limited in any way in his personal freedom, except in the cases and in the manner prescribed by law.

³ Any person who is placed in preventive detention shall be heard by a judge within one day; he shall have the right to be assisted by a defender and to apply to a court.

Judicial protection

¹ No person shall be exempt from the judge established by law. Legal courts of exception are prohibited.

² Any person may enter a court to defend his or her rights; the right to a defence is inviolable.

³ Everyone has the right to legal assistance, which is free for persons without sufficient resources, and has the right to obtain a decision within a reasonable period of time.

⁴ The canton is responding to material and moral damage resulting from an unjustified deprivation of liberty.

Freedom of the City

¹ The right of communal city and the right of cantonal city are granted in accordance with the conditions and procedure laid down by law.

² The acquisition of the right of the city must be facilitated in particular for persons who have resided in the canton since their birth.

Duties

Every person is required to perform the duties provided for in the constitution and by law, to respect the rights of others and to preserve the right of future generations to self-determination.

Social rights

¹ Every person in need is entitled to a logis and the means necessary to carry out an existence in accordance with the requirements of human dignity, as well as essential medical care.

² Every child has the right to be protected, assisted and guided. He also has the right to free school education commensurate with his or her abilities.

Social Goals

¹ The canton is taking steps to ensure that:

A.

Any person can provide for his or her needs through work carried out under fair conditions by means of remuneration which ensures a dignified standard of living, that it is protected from the consequences of unemployment when it cannot be attributed to it, and Be eligible for a paid vacation;

B.

Any person may find suitable accommodation under economically bearable conditions;

C.

Women can benefit from the physical security required before and after childbirth;

D.

Children can benefit from appropriate conditions of development and families are supported in the performance of their tasks;

E.

The aspirations and needs of youth are taken into account;

F.

All persons are entitled to appropriate training and training and continuing education corresponding to their tastes and abilities;

G.

Employment is encouraged and any person can freely choose his or her profession;

H.

Any person who needs help because of age, infirmity, illness or disability can receive the necessary care and has sufficient support;

I.

The natural environment is protected from harmful interference and is preserved for future generations.

² The canton facilitates information and ensures pluralism; it encourages artistic expression and scientific research.

Public Tasks

¹ Public tasks shall be performed by the canton, by the municipalities and by other corporations and institutions governed by public law in the forms defined by the Constitution and by the laws.

² The canton encourages cooperation and solidarity between the communes and promotes balanced development between the different regions.

Comuna

1. Warranty

1.1 Autonomy

1.2 Subsidiary Autonomy

¹ The commune is a community of public law. Its existence is guaranteed.

² It is autonomous within the limits of the constitution and laws.

³ At the local level, it performs the general public duties which the law does not assign to the Confederation or the canton.

2. Organization

¹ The authorities of the commune are the Joint Assembly and the Municipality; the municipality may establish a communal council in accordance with the rules laid down by law.

² The Joint Assembly shall be formed by all persons having the right to vote in municipal matters.

³ The Municipality is the authority that administers and represents the municipality.

⁴ The right of initiative and referendum is guaranteed in the municipalities which have a communal council.

3. Elections

¹ The members of the Municipality and the Municipal Council shall be elected according to the proportional system for a period of four years.

² The Municipality is composed of at least three members, including the Trustee who chairs it.

Inter-communal collaboration and inter-communal trade unions

¹ In order to carry out certain activities of public interest, the communes may group together in public law associations with legal personality or collaborate in any other form of organisation, of a public, mixed or private nature.

² The Council of State may establish inter-communal trade unions in the cases and within the limits prescribed by law.

³ The Intermunicipal Union is a community governed by public law established to carry out activities in the public interest and with a status approved by the municipalities and by the Council of State.

Merging and splitting of municipalities

¹ The communes may not merge with other communes or divide without the consent of their citizens and without the approval of the Grand Council. ¹

² The township favours the merger of the municipalities.

³ The Grand Council may decide on the merger and separation of communes under the conditions laid down by law. ²

⁴ The communes directly agree on the changes to their borders and the transfers of territory of little importance, subject to the ratification of the Council of State. ³

Districts

¹ The canton is divided into eight districts: Mendrisio, Lugano, Locarno, the Val Maggia, Bellinzona, Riviera, Blenio and Leventine.

² The law determines their scope and tasks, taking into account the territory, the population and the concern for administrative and judicial decentralisation.

Bourgeoisie

¹ The bourgeoisie is a community of public law, the owner of common-use property. It is autonomous within the limits set by law.

² The canton promotes the co-operation of the bourgeoisie with the communes and with other communities for the rational use of bourgeois properties in the common interest.

Monitoring

Municipalities, inter-communal trade unions, the bourgeoisies and other public-law communities are subject to the supervision of the canton. The Act regulates its terms and limits.

Religious Communities

¹ The Roman Catholic Apostolic Church and the Reformed Evangelical Church have the personality of public law and organize themselves freely.

² The law may confer the personality of public law on other religious communities.

Sinti

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

Trade unions and economic and professional organizations

The canton recognises the social role of trade unions and economic and professional organisations and promotes their activity.

Political rights

1. Organization and exercise

¹ Any Switzerland domiciled in the canton and over 18 years of age and acquires political rights, in accordance with the constitution and laws.

² Any person who is prohibited by reason of mental illness or shortness of mind and who is incapable of discernment is excluded from political rights.

2. Right to vote

¹ The right to vote is the right to participate in cantonal and communal elections and elections.

² It includes the right to sign requests for initiative, referendum, dismissal of the Council of State and dismissal of the Municipality. ¹

³ The right to vote shall be exercised at the place of residence, subject to the exceptions provided for by law.

3. Eligibility

¹ Any person who has the right to vote at the federal level is eligible for a cantonal authority.

² Any person domiciled in the municipality is eligible for a communal authority.

³ The grounds for exclusion are determined by law.

⁴ The law sets out the period within which the non-resident elected in the canton must settle there.

4. Tessinois from abroad

The Ticino de l' étranger acquires political rights at the age of 18. The law regulates the exercise of these rights.

Secrecy of vote

¹ The secrecy of the vote is inviolable.

² In order to guarantee the freedom of the citizen, the law seeks to prevent the control of its vote.

Duty to Vote

Participation in votes and elections is a civic duty.

Duty to accept load

¹ Any person elected by the people to a public office has a civic duty to accept it.

² The law may make acceptance compulsory.

Information and ease of voting

¹ The authorities shall ensure that citizens are informed about objects subject to voting.

² The exercise of the right to vote must be facilitated.

Principles

¹ The financial management of the canton is in line with the principles of legality, economy and profitability; finances are balanced in the medium term, taking into account the cyclical situation.

² Before assuming a new task, the canton examines whether and how it can finance it.

³ It periodically checks whether each of its tasks is still necessary, useful and financially bearable.

Frein to debt: principles and measures of financial rebalancing

¹ In principle, the budget and accounts of the canton are in balance.

² In view of the cyclical situation and possible exceptional financial needs, an overdraft can be budgeted within the limits of the law.

³ The limits defined by the law are respected by means of measures to moderate charges, increase incomes or adjust the cantonal tax ratio.

⁴ Any overdrafts in the current year's accounts are offset by surpluses in previous years; if this is not possible, overdrafts are to be compensated within the statutory time limits.

⁵ The canton takes the necessary measures to maintain the financial balance in good time.

⁶ To increase the cantonal tax ratio, the Grand Council must obtain a qualified majority of two-thirds of the voters.

Elections by the people

¹ Are elected by the people, in a single constituency formed by the canton:

A.

Constituent Assembly;

B.

The Grand Council;

C.

The Council of Etat;

D.

Members of the Council of States;

E.

Members of the National Council.

² The justice of the peace shall be elected by the people in the electoral district corresponding to its jurisdiction.

³ Are elected by the people of the commune:

A.

The Municipal Council;

B.

The Municipality;

C.

The Trustee.

Elections by the Grand Council

¹ Are elected by the Grand Council:

A.

Judges of the Appeals Tribunal;

B.

The President of the Judges of Training and Detention and the Judges of Training and Detention;

C.

The Attorney General and Public Prosecutors;

D.

Pre-tors (trial judges);

E.

The presidents and members of the Expropriation Tribunals;

F.

The juvenile judge;

G.

The members of the Council of the Judiciary that it belongs to the Council;

H. ¹

Cantonal jurors.

² For functions provided for in 1 ^Er Paragraph, letters a to f, the election shall take place after their entry into the competition and after a committee of independent experts appointed by the Grand Council has examined the new applications and given its notice.

Legislative People's Initiative

1. Principle

¹ Seven thousand citizens who have the right to vote may at any time submit to the Grand Council a request for initiative in legislative matters.

² The request for an initiative proposes to the Grand Council the acceptance, development, amendment or repeal of a law or legislative decree.

³ The collection of signatures must be completed within 60 days of the date of publication of the request for initiative in the Official Gazette.

2. Admissibility

If the number of signatures is reached, the Grand Council shall examine, on a preliminary basis, the admissibility of the request for initiative, by verifying compliance with the higher law, the unity of the form and subject matter and the executability, in the year Following the publication of the outcome of the application in the Official Sheet.

3. Form of Application

¹ The request for a popular initiative may be presented in the form of a draft or a proposal designed in general terms.

² In the first case, if it is not approved by the Grand Council, it is subject to popular vote. In the second case, the Grand Council must draw up a proposal along the lines of demand.

³ The Grand Council may submit a counterdraft on the same subject at the same time. In all cases, the request for initiative may be withdrawn.

4. Procedure

If the Grand Council opposes a proposal for a popular initiative, citizens who have the right to vote must decide, in a single vote, whether they prefer the request for initiative or the counter-project to the law in force. May also accept or reject both proposals and express their preference for the case where both the request for initiative and the counterproject are accepted.

Joint legislative initiative

¹ A fifth of the communes may, at any time, submit to the Grand Council a request for initiative in legislative matters.

² The provisions relating to the popular initiative are applicable in the form of the application and the voting procedure.

Optional Referendum

The following shall be submitted to the vote of the people, if seven thousand citizens who have the right to vote or a fifth of the communes shall request it within 45 days of their publication in the Official Gazette:

A.

Laws and legislative decrees of a general nature;

B.

Acts which involve a single expenditure of more than 1 000 000 francs or an annual expenditure of more than 250 000 francs for a period of at least four years;

C.

Acts of accession to a public law convention of a legislative nature.

Emergency Clause

¹ Laws and statutory decrees of a general nature deemed urgent shall enter into force immediately if the majority of the members of the Grand Council so decide.

² The urgent procedure loses its validity one year after its entry into force, and it can no longer be renewed by the emergency procedure.

Revocation of the Council of State

¹ Fifteen thousand citizens with the right to vote may submit to the Grand Council a request for the dismissal of the Council of State.

² The application for revocation cannot be filed less than one year or more than three years after the general election.

³ The collection of signatures must be filed within 60 days after the date of publication of the request for revocation in the Official Gazette.

Revocation of the Municipality

¹ Persons who have the right to vote in municipal matters may submit to the Conseil d' Etat a request for the dismissal of the Municipality.

² The request for revocation cannot be made during the first or last year of the legislature.

³ The request for revocation must be signed by 30 % of the persons who have the right to vote in municipal matters within 60 days of its official publication in the municipality.

Procedure

The Act sets out the procedure for voting and elections, initiative, referendum, dismissal of the Council of State and dismissal of the Municipality.

Votations

¹ The votes on the initiatives, referenda and the dismissal of the Council of State must take place within sixty days of the publication in the Official Sheet of the outcome of the application or of the conclusion of the deliberations of the Grand Council.

² In any event, the popular vote must take place within two years of the publication of the outcome of the request for initiative in the Official Gazette.

³ The votation on the revocation of the Municipality shall take place within sixty days after the official publication in the municipality of the completion of the request for revocation. ¹

Relations with the Confederation and the Cantons

¹ The canton participates in a spirit of solidarity in pursuit of the common interests of the Confederation and the cantons.

² To this end, the Council of State is responsible for maintaining relations with the Ticino Members of the Federal Chambers.

Members of the Council of States

The members of the Council of States are elected every four years, together with the members of the National Council, by an absolute majority in the first round.

Cross-border cooperation

The canton facilitates and encourages cross-border cooperation.

Mandate to the authorities

In relations with the Confederation, the other cantons and the neighbouring countries, the authorities must encourage and protect the identity, autonomy, social goals and economic interest of the canton.

Principle

¹ The constitution may be revised at any time, totally or partially.

² The partial revision project may contain as many as two alternatives per object.

³ Any revision of the constitution must be accepted in popular vote.

Total Review:

1. Proposal

¹ The total revision of the Constitution may be requested by:

A.

The Council of Etat;

B.

The Grand Council by a majority of its members;

C.

Ten thousand citizens with the right to vote.

² The collection of signatures must take place within sixty days of the publication of the request for initiative in the Official Gazette.

2. Procedure

¹ When the request emanates from the people or the Grand Council, the citizens who have the right to vote must first decide, in a single vote, whether they want the total revision and whether the project is to be drawn up by the Grand Council or by a Constituent Assembly.

² The request for a grassroots initiative for the total revision may be withdrawn until the preliminary vote takes place.

³ The Constituent Assembly shall be elected within six months, in accordance with the rules laid down for the election of the Grand Council; it shall comprise the same number of Members as the Grand Council and shall remain in office for a maximum of five years. ¹

⁴ The Council of State and the Grand Council shall apply the procedure laid down for cantonal legislation.

Partial revision:

1. On the initiative of the Council of State or the Grand Council

2. The People's Initiative

¹ The partial revision of the Constitution, when proposed by the Council of State or the Grand Council, is carried out in accordance with the procedure laid down by the State Council for cantonal legislation.

² The partial revision of the Constitution may be requested by ten thousand citizens who have the right to vote, in accordance with the procedure laid down by law.

³ The partial revision must be limited to a field of regulation that forms a unit; it may cover several provisions.

⁴ The collection of signatures must be completed within 60 days of the publication of the request for initiative in the Official Gazette.

3. Admissibility

If the number of signatures is reached, the Grand Council shall examine, on a preliminary basis, the admissibility of the request for initiative, by verifying compliance with the higher law, the unit of form and matter and the executability, in the following year The publication of the outcome of the application in the Official Gazette.

4. Form of the Popular Initiative Request

¹ The request for a popular initiative may be presented in the form of a draft or a proposal designed in general terms,

² In the first case, the request is subject to popular vote; the Grand Council may simultaneously submit a counter-project on the same subject.

³ In the second case, the Grand Council must draw up, within the meaning of the request, the draft which will be put to the popular vote; it may submit a counterdraft on the same subject.

⁴ The partial revision initiative may be withdrawn.

5. Procedure with a counterproject

If the Grand Council opposes a counterdraft at the request of the popular initiative for the partial revision, citizens with the right to vote must decide, in a single vote, whether they prefer the request for initiative or the counterproject to the They may also accept or reject both proposals and express their preference for the case where both the Request for Initiative and the Counter-Project are accepted.

Delays

¹ In the case of a total revision, the designated authority must prepare the project within five years of the publication of the results of the preliminary vote in the Official Gazette.

² In the case of a partial revision, the Grand Council shall conclude the proceedings within 18 months of the publication of the successful request for a popular initiative in the Official Gazette or following the presentation of the message of the State Council. ¹

Votations

¹ The preliminary vote on the Request for Initiative for the complete revision of the Constitution must take place within sixty days of the publication of the outcome of the application in the Official Sheet.

² The other votes for the revision of the Constitution must take place within sixty days of the conclusion of the deliberations of the Grand Council or the Constituent Assembly.

³ The vote on the initiative for the partial revision must, in any case, take place within two years of the publication of the outcome of the application in the Official Gazette.

Entry into force

¹ The Constitution shall enter into force on 1 ^Er January of the year following the year in which the people accepted it.

² On that date, the Constitution of the Republic and Canton of Ticino of 4 July 1830, revised on 29 October 1967, is hereby repealed.

Validity of the law in force

¹ The law in force remains applicable. Provisions that derogate from the Constitution are repealed.

² The provisions adopted in accordance with a procedure which the Constitution no longer provides for shall remain in force. Their amendment follows the rules of the new procedure.

New authority

¹ The adaptation of the right to the Constitution shall be carried out within five years of its entry into force.

² Within one year of the entry into force of the Constitution, the Council of State shall submit to the Grand Council a report on the necessary legislative changes. The Grand Council deliberates.

Popular Initiatives and Referendums

Initiatives filed prior to the entry into force of the Constitution and the referendums requested against laws and legislative decrees adopted before the entry into force of the Constitution are governed by the former right.

Authorities and magistrates

The former law governs the term of office of the authorities and magistrates, as well as the procedure for their replacement, until the expiry of that term.