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RS 131.232 Constitution of the canton of Valais, 8 March 1907

Original Language Title: RS 131.232 Constitution du canton du Valais, du 8 mars 1907

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131.232

Constitution of the Canton of Valais

8 March 1907 (State on 12 June 2008) 1

In the name of all-powerful God!

Title I General principles

Art. 1

1 The Valais is a democratic republic, sovereign within the limits of the Federal Constitution 1 And incorporated as Canton of the Swiss Confederation.

2 Sovereignty lies in the people. It is exercised directly by the electorate and indirectly by the established authorities.


1 RS 101

Art. 2 1

1 Freedom of conscience, belief and freedom of worship are guaranteed.

2 Religious communities define their doctrine and establish their worship independently. They are organised and administered in an autonomous manner, within the limits of public law.

3 The status of legal person under public law is recognized in the Roman Catholic Church and the Evangelical Reformed Church. Other denominations are subject to the rules of private law; the law may grant them a status of public law in order to take account of their importance on the cantonal level.

4 As long as the parishes of the Roman Catholic Church and those of the Evangelical Reformed Church cannot, by their own means, provide for the worship of the local churches, these are, subject to the freedoms of conscience and Belief, placed in charge of municipal municipalities. The canton may allocate grants to recognised churches under public law. 2

5 The Act regulates the application of these provisions.


1 Accepted in popular vote of 17 March 1974, entered into force at the same time as para. 4 (1 Er August 1993). Ass Warranty. Fed. 12 Dec. 1974 (FF 1974 II 1508 art. 1 ch. 5,973).
2 Accepted in popular vote of 10 June 1990, in force since 1 Er August 1993. Ass Warranty. Fed. On 3 Oct. 1991 (FF 1991 IV 194 art. 1 ch. 7 II 1541).

Art. 3 A

1 All citizens are equal before the law.

2 There are no privileges of place, birth, persons or families in Valais.

A
In the Constitution, any designation of person, status or function shall be directed against men or women. 1

1 Accepted in popular vote of 24 Oct. 1993, in force since 1 Er June 1994. Ass Warranty. Fed. June 12, 1995 (FF 1995 III 560 art. 1 ch. 5, I 957).

Art. 4

1 Individual freedom and the inviolability of the home are guaranteed.

2 No person shall be prosecuted or arrested and no home visit shall be made except in the cases provided for by law and with the prescribed forms.

3 The State shall be obliged to provide fair compensation for any person who is the victim of a judicial error or unlawful arrest. The law regulates the application of this principle.

Art. 5

No one can be distracted from his natural justice.

Art. 6

1 The property is inviolable.

2 This principle can only be derogated from for reasons of public utility, subject to fair compensation and in the form provided for by law.

3 The law may, however, for reasons of public utility, determine cases of expropriation, without compensation, of bourgeois and communal lands.

Art. 7

No land can be subject to a perpetual irredeemable royalty.

Art. 8

The freedom to express one's opinion verbally or in writing, as well as the freedom of the press, are guaranteed. The law represses abuse.

Art.

The right to petition is guaranteed. The law governs the exercise.

Art. 10

1 The right of free establishment, association and assembly, the free exercise of the liberal professions, the freedom of trade and industry are guaranteed.

2 The exercise of these rights is regulated by law.

Art. 11

1 Every citizen is required to serve in the military.

2 The application of this principle is regulated by federal and cantonal legislation.

Art. 12

1 The French language and the German language are declared national.

2 Equal treatment between the two languages must be observed in the legislation and in the administration.

Art. 13

1 Public education and private primary education are under the direction and high surveillance of the state.

2 Primary education is compulsory; it is free in public schools.

3 Freedom of education is guaranteed, subject to the legal provisions concerning primary school.

Art. 13 Bis 1

1 The state must give the family, the basic community of society, the protection, the support it needs so that each of its members can flourish.

2 It examines the legislation in terms of its effect on the family's living conditions and adapts it accordingly.


1 Accepted in popular vote of 13 June 1999, in force since 1 Er Jan 2001. Ass Warranty. Fed. On 14 June 2000 ( FF 2000 3419 Art. 1 ch. 7, 1048).

Art. 14

The State lays down requirements concerning the protection of workers and the freedom of employment.

Art. 15

The State shall encourage and subsidizes to the extent its financial resources:

1.
Agriculture, industry, trade and in general all branches of the public economy of interest to the Canton;
2.
Vocational education in trade, industry, agriculture and the arts and crafts.
3.
Livestock farming, dairy farming, viticulture, arboriculture, alpine economy, soil improvement, forestry, and agricultural and trade unions.
Art. 16

1 The State organises and subsidises the insurance of livestock.

2 It can create additional insurance and especially security and real estate insurance against fire.

Art. 17

1 The state promotes the development of the network of roads and other means of communication.

2 It contributes through subsidies to the diking of the Rhone, as well as to the diking and correction of rivers and torrents.

Art. 18

The State shall base or support subsidies for Malhappy Children's Education Institutions and other charitable institutions.

Art. 19

1 The State shall promote and subsidize the establishment of hospitals, clinics and district or district infirmaries.

2 It may also establish a similar cantonal establishment.

Art.

The financial participation of the State in the cases provided for in Art. 15, 16, 17, 18 and 19 is governed by special laws.

Art. 1

1 The State, municipalities and associations of municipalities with legal personality under public law shall reply to third parties of the acts of their agents.

2 The officer shall respond to the public community in the service of which he or she is directly or indirectly injured in the performance of his or her duties as a result of wilful misconduct or gross negligence.

3 The law regulates the application of these principles.


1 Accepted in popular vote of 26. 1976, in force since 1 Er Jan 1977. Ass Warranty. Fed. June 23, 1977 (FF 1977 II 1004 art. 1 ch. 5,234).

Art.

An official or public servant may be dismissed or dismissed only after having been heard or called and on a reasoned decision by the appointing authority.

Art.

The expenses of the State are covered:

A.
By the income of the public fortune;
B.
By the products of the regales;
C.
Through tax and miscellaneous income;
D.
Federal allowances, grants and allocations;
E.
By taxes.
Art. 24 1

State and municipal taxes are set by law. This will enshrise the principle of progress and the exemption of a certain minimum of existence.


1 Accepted in popular vote of 26 Dec. 1920, in force since 7 January 1921 (T. XXVII 119; Official Gazette of the canton of Valais, BO, 1921 10). Ass guarantee. Fed. 1921 (RO) 1921 (RO 37 142; FF 1921 I 143).

Art. 25 1

1 The budget of the State must present a surplus of income and a surplus of financing ensuring investments and investments of third parties necessary for the harmonious development of the canton and allowing to guarantee The amortization of a possible overdraft to the balance sheet, as well as the amortization of the debt.

2 If the account departs from the budget and has an excess of expenses or insufficient funding, the amortization of such overdrafts shall be provided for in the next second year's budget.

3 The Council of State proposes to the Grand Council before the publication of the draft budget amendments to the legal provisions which do not fall within its own competence and which are necessary to comply with this principle.

4 These amendments shall be adopted by the Grand Council, by means of the decree, in the same session in which it approves the budget.

5 The legislation regulates the application of the principles set out in this article. It may provide for exceptions depending on the economic situation or in the event of natural disasters or other extraordinary events.


1 Accepted in popular vote of 22. 2002, effective from 1 Er Jan 2005. Ass Warranty. Fed. Of the 24th. 2003 ( FF 2003 6299 Art. 1 ch. 4 2999).

Title II Township Division

Art. 26

1 The Canton is divided into districts.

2 Districts are made up of communes.

3 The Grand Council may, by law, amend the number and the electoral district of the districts and by decree those of the municipalities.

4 It also refers to the site leaders.

Art. 27

1 Sion is the capital of the Canton and the seat of the Grand Council, the Council of State and the cantonal court.

2 These bodies may, however, sit elsewhere if serious circumstances so require.

3 The decree of 1 Er December 1882 determines the head's benefits.

4 In the creation of cantonal establishments, the various parts of the Canton must be taken into account.

5 The municipality which becomes the seat of a cantonal institution may be required to receive benefits.

Title III Political status of citizens

Art. 28

1 Are Valaisans:

1.
Nationals, by right of birth, of a municipality in the canton;
2.
Those to whom naturalization was granted in accordance with cantonal legislation. 1

2 To 4 ... 2


1 Accepted in popular vote of 11 March 2007, in force since 1 Er Jan 2008. Ass Warranty. Fed. On 6 March 2008 ( FF 2008 2273 Art. 1 ch. 10, 2007 7197).
2 Repealed in popular vote of 11 March 2007, with effect from 1 Er Jan 2008. Ass Warranty. Fed. On 6 March 2008 ( FF 2008 2273 Art. 1 ch. 10, 2007 7197).

Art. 1

Every citizen of the canton may acquire the right of the city in other municipal communes, subject to the conditions laid down by law.


1 Accepted in popular vote of 11 March 2007, in force since 1 Er Jan 2008. Ass Warranty. Fed. On 6 March 2008 ( FF 2008 2273 Art. 1 ch. 10, 2007 7197).

Title IV Exercise of popular rights

Art. 1

1 In addition to the powers of elections, voting and compulsory referendum in constitutional matters, citizens enjoy discretionary rights of initiative and referendum.

2 The law regulates the exercise of these rights and the procedures for consultation and information of citizens.


1 Accepted in popular vote of 24 Oct. 1993, in force since 1 Er June 1994. Ass Warranty. Fed. June 12, 1995 (FF 1995 III 560 art. 1 ch. 5, I 957).

Chapter I 2 Right of referendum

Art.

1 Three thousand active citizens may request in the nonante days following the official publication that the vote of the people is submitted:

1.
Acts and Orders in Council;
2.
Concordats, treaties and conventions containing rules of law;
3.
Decisions of the Grand Council resulting in a single extraordinary expenditure greater than 0.75 per cent or periodic greater than 0.25 per cent of the total expenditure of the operating account and the investment account for the last fiscal year.

2 The referendum may also be requested by the majority of the Grand Council.

3 Are not subject to the vote of the people:

1.
Laws of application (art. 42, para. 2);
2.
Regular and other decisions.

4 The Grand Council notes the nullity of the requests for a referendum which do not meet the requirements of the Constitution and the law.

Art. 32

1 The laws, treaties, concordats, conventions or decisions subject to the referendum may not be brought into force before the expiry of the referendum period, or, where appropriate, before the vote of the people.

2 The Orders in Council are brought into force immediately. They are subject to the vote of the people in the following year, if three thousand active citizens or the majority of the Grand Council request it. If they have not been ratified, they lose their validity and cannot be renewed.

Chapter II 3 Right of initiative

Art. 33

1 Four thousand active citizens may request the development, adoption, amendment or repeal of a law, order or referendum decision, with the exception of laws, decrees and decisions voted by the people less Four years, decisions already made and decrees with a validity of less than one year.

2 Except in the cases provided for in s. 34, para. 2, and 35, para. 1, any popular initiative must be put to the people's vote within three years of its filing. This period may be extended by one year or more by a decision of the Grand Council.

3 The Grand Council notes the invalidity of the initiative which:

1.
Does not respect federal law or the cantonal constitution;
2.
Covers more than one material;
3.
Does not respect the unit of the shape;
4.
Is not feasible;
5.
Not in the field of an act which can be the subject of an initiative.

4 When a request for an initiative is to result in new spending or the elimination of existing revenues putting the financial balance at risk, the Grand Council must complete the initiative by proposing new resources, reducing State tasks or other economic measures.

Art. 34

1 The initiative may be written from any room unless it is for a decision.

2 If the Great Council adheres to it, the vote shall take place only at the request of three thousand active citizens or the majority of the Grand Council.

3 If the Grand Council does not adhere to it, it must submit the initiative as it is to the people's vote, but it can recommend rejection or also oppose a counterproject.

4 When the Grand Council adopts a counter-project, citizens are invited to answer the following three questions on the same ballot:

A.
Do you accept the popular initiative?
B.
Do you accept the counterproject?
C.
In the event that the two texts obtain an absolute majority of the voters who voted validly, is it the initiative or the counterproject that must come into force?
Art. 35

1 The initiative conceived in general terms is carried out by the Grand Council, which decides whether the provisions it adopts or modifies will be included in the Constitution or in a legislative or administrative act; when the initiative is carried out in an act It is subject to the vote only if three thousand active citizens or the majority of the Grand Council request it.

2 When the Grand Council does not approve the initiative, it shall submit it to the vote of the people, with its prior notice.

3 If the people reject it, it is closed.

4 If the people accept it, the Grand Council is obliged to act on it without delay.

5 In drafting the rules requested by the unformulated initiative, the Grand Council respects the intentions of its authors.

Title V Public authorities

Art. 36

The public authorities are:

Legislative power;
Executive and administrative power;
The judiciary.

Chapter I 4 Legislative power

A. Attributions

Art.

1 The Grand Council exercises legislative power, subject to the rights of the people.

2 It shall enjoy all other powers conferred upon it by the Constitution or the law.

Art. 38

1 The Grand Council draws up constitutional provisions, laws and decrees, art. 31 to 35 and 100 to 106 reserved.

2 It approves treaties, concordats and conventions, subject to the competence of the people and the Council of State.

3 It shall exercise the rights reserved to the cantons by art. 86, 89, 89 Bis And 93 of the federal constitution 1 And responds to the Confederation's consultations on atomic installations.


1 [RS 1 3; RO 1949 II 1614, 1977 807 2228]. At disp. Currently referred to correspond to s. 45, 136, 140, 141, 151, 159, 160 and 165 of 18 April 1999 (RS 101 ).

Art. 39

1 The Grand Council shall decide on the validity of the elections of its members.

2 It elects the cantonal court, its President and Vice-President, as well as the Public Prosecutor's Office.

Art. 40

1 The Grand Council exercises high supervision over the management of the Council of State, the autonomous corporations and institutions of public law, judicial authorities, as well as the representatives of the State in the societies in which the canton has a Predominant participation. It reviews management and deliberates on its approval.

2 At any time, he may ask the executive power of an act of his administration.

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

Art.

In particular, the Grand Council has the following responsibilities:

1.
It adopts the budget and approves the accounts, which are made public;
2.
Participates in planning to the extent determined by law;
3.
Decides on expenditures and authorizes concessions, real estate transactions, borrowings and the granting of bonds and other similar guarantees, except as provided for by law;
4.
It shall determine the treatment of judges, officials and employees of the State, except as provided for by law;
5.
It exercises the right of grace.
Art.

1 The Grand Council lays down the rules of law in the form of a law, which is, in principle, put into effect for an unlimited period. It may, however, provide that the law is enforced for a limited period of time.

2 It enacts, in the form of implementing legislation, the provisions that are absolutely necessary to ensure the performance of the right of a higher rank.

3 It may, however, make urgent provisions through the Order in Council, for a limited period of time, where the circumstances so require (s. 32, para. 2).

4 The Grand Council deals with all other cases in the form of a decision.

Organization

Art. 43

1 The law sets out the broad lines of the organisation of the Grand Council and its relations with the Council of State and the judicial authorities. For the rest, the Grand Council is organising itself.

2 It regulates the participation of members of the Council of State in meetings of the Assembly and of parliamentary committees.

Art. 44

1 The Grand Council is full of rights:

1.
The inaugural session on the fourth Monday following its full renewal;
2. 1
In ordinary sessions, at the deadlines laid down by law.

2 The Grand Council assembles in extraordinary sessions:

1.
When he or she so decides;
2.
On the invitation of the Council of Etat;
3.
When twenty Members ask for it by indicating the objects to be treated.

1 Accepted in popular vote of 24 seven. 2000, in force since 1 Er May 2002. Ass Warranty. Fed. Of Dec 11. 2001 ( FF 2001 6190 Art. 1 ch. 7, 4659).

Art. 45 1

1 The Grand Council shall elect a President and two Vice-Presidents for one year.

2 The Grand Council has an independent parliamentary service.


1 Accepted in popular vote of 24 seven. 2000, in force since 1 Er May 2002. Ass Warranty. Fed. Of Dec 11. 2001 ( FF 2001 6190 Art. 1 ch. 7, 4659).

Art.

1 The Grand Council appoints committees, whether permanent or not, that prepare its deliberations. This competency may be delegated to the office.

2 Members may form political groups, which must have at least five members.

3 In principle, the political groups must be represented fairly in the committees.

Art.

1 The Grand Council can only deliberate if the absolute majority of its members are present.

2 It takes its decisions by an absolute majority.

Art. 48

1 The meetings of the Grand Council are public.

2 It may, however, decide in camera when circumstances so require.

Art. 1

1 Both bills and decrees are the subject of two readings.

2 Decisions are the subject of a single reading.

3 The Grand Council can in any case decide on a single reading or an additional reading.


1 Accepted in popular vote of 24 seven. 2000, in force since 1 Er May 2002. Ass Warranty. Fed. Of Dec 11. 2001 ( FF 2001 6190 Art. 1 ch. 7, 4659).

C. The right of Members

Art. 50

1 Members are free to fulfil their mandate.

2 They may not be criminally prosecuted without the consent of the Assembly for what they say before it or in committee.

3 Except in the case of flagrante delicto, they may not be arrested during the sessions without the consent of the Assembly.

Art.

1 The rights of initiative, motion, postulate, inquiry, resolution and written question belong to each member of the Grand Council.

2 The law defines these rights and rules the exercise.

Chapter II Executive Power 5

Election 6

Art. 1

1 The executive and administrative powers are entrusted to a Council of State composed of 5 members.

2 One of them is chosen from among the voters in the current districts of Conches, Brigue, Viège, Rarogne and Loche; one of the voters in the districts of Sierre, Sion, Hérens and Conthey and one of the voters in the districts of Martigny, Entremont, St-Maurice and Monthey.

3 The other two are selected from all voters in the Canton. However, there will be no more than one State Councillor appointed from among the voters in the same district.

4 The members of the Council of State are elected directly by the people, on the same day as the members of the Grand Council, to take up the duties of 1 Er May next. Their election is held with the majority system. The Council of State itself is constituted each year; the incumbent President is not immediately eligible to be re-elected.

5 It shall be filled with any vacancy on the Council of State within sixty days, unless the full renewal takes place within four months.

6 The appointment of members of the Council of State shall be carried out by the same voting list. If the appointments are not completed on the day fixed for the elections, they will be repeated on the second Sunday following. In this case, the result of the first operation and the notice of the resumption of operations will be published immediately. 2

7 If all the members to be elected do not have a majority in the first round of voting, a second round shall be held. Are elected in the second round, those who have raised the largest number of votes, even though they would not have obtained an absolute majority. However, if, in the second round, the number of seats to be filled corresponds to the number of candidates proposed, they shall be declared elected, without a vote. The tacit election also applies to the first round of replacement elections where there is only one candidate and one position to be filled. 3

8 If the number of citizens who have obtained an absolute majority exceeds the number of citizens to be elected, those who have obtained the highest number of votes are appointed.

9 In the event that two or more citizens of the same district have obtained an absolute majority, the one with the highest number of votes will be appointed.

10 In the event of a tie, the fate decides.


1 Accepted in popular vote of 26 Dec. 1920, in force since 7 January 1921 (T. XXVII 119; BO 1921 10). Ass Warranty. Fed. 1921 (RO) 1921 (RO 37 142; FF 1921 I 143).
2 Accepted in popular vote of 21 January 1996, in force since 1 Er Feb 1997. Ass Warranty. Fed. June 5, 1997 (FF 1997 III 874 art. 1 ch. 5, I 1327).
3 Accepted in popular vote of 21 January 1996, in force since 1 Er Feb 1997. Ass Warranty. Fed. June 5, 1997 (FF 1997 III 874 art. 1 ch. 5, I 1327).

B. 7 Organization and responsibilities

Art.

1 The Council of State shall exercise executive and administrative power and shall enjoy all powers conferred upon it by the Constitution or by law.

2 He is acting in college.

3 Important cases are still within its remit.

4 It allocates cases between the departments whose number and powers are fixed by an order approved by the Grand Council.

5 For the surplus, the Council of State is organising itself.

Art.

In its relations with the Grand Council, the Council of State has the following powers in particular:

1.
Introducing draft constitutional provisions, laws, decrees or decisions;
2.
It reports on popular initiatives, initiatives, motions, postulates and resolutions of Members, and responds to their questions and questions;
3.
Submitting to the Grand Council the draft budget, the State accounts and the management report;
4.
It can make proposals to the Grand Council;
5.
It submits to the Grand Council the draft treaties, conventions and concordats that contain rules of law or generate expenditure under its jurisdiction.
Art.

The Council of State shall, inter alia, exercise the following administrative powers:

1.
Appoints the staff of the State, except as provided for by law;
2.
Supervising the lower authorities and the public law corporations and institutions;
3.
It represents the state, concludes the treaties, matches and conventions of public law, and responds to the required consultations of the canton;
4.
Directs the administration, plans and coordinates its activities.
Art. 56

1 The Council of State is responsible for public order and for this purpose the police and military forces of the canton.

2 It exercises extraordinary powers in the event of a serious and imminent danger, by immediately notifying the Grand Council of the measures it takes.

Art. 57

1 The Council of State shall issue the provisions necessary for the application of cantonal laws and decrees in the form of a regulation.

2 The law may delegate to the Council of State the power to issue ordinances by setting their purpose and the principles governing their content. Delegation should touch on a specific area. Orders may be subject to approval by the Grand Council.

3 The Council of State shall deal with other cases in the form of an order or decision.

Art.

1 The Council of State promulgates the rules of law, puts them into force, unless the Grand Council so decides, and provides for its implementation.

2 It implements the constitutional provisions directly applicable immediately after their approval by the Federal Assembly.

Art.

1 In each district, the government has a representative under the name of prefect and a sub-prefect.

2 The powers of the Prefet shall be determined by law.

Chapter III Judicial power

Art. 60

1 The judiciary is independent.

2 And 3 ... 1


1 Repeated popular vote of 24 Oct. 1993, with effect from 1 Er June 1994. Ass Warranty. Fed. June 12, 1995 (FF 1995 III 560 art. 1 ch. 5, I 957).

Art. 61

The cantonal court presents annually to the Grand Council, through the Council of State, a report on all parts of the judicial administration.

S. 62

1 There is one judge and one judge substituted by a municipality or a circle;

By rounding, a civil, correctional and criminal court;

And for the Canton, a cantonal court.

2 The members of the cantonal court must know the two national languages.

S. 63

1 The number of districts, the composition and jurisdiction of the courts, the appointment and the method of remuneration of judges, and the incompatibility between judicial functions and other functions are determined by law.

2 There can be no more than four district courts.

3 The judges of a circle or commune and their substitutes are appointed by the voters of the circle or the municipality.

4 For the formation of circles, the population of the communes and their topographic situation are taken into account.

5 The vote takes place in each municipality.

Art. 64

It may be established, by legislation, by a court of commerce and one or more courts of labour.

Art.

1 There is a Tribunal du Contentieux de l' administration and a court to rule on conflicts of jurisdiction between administrative power and the judiciary.

2 This Court and this Court are organised by special laws.

Title VI District and commune system

Chapter I District Council

Art. 66

1 Each district has a district council appointed for four years.

2 The Council of the commune appoints its delegates to the district council, because of a delegate of 300 people.

3 The fraction of 151 accounts for the whole.

4 Each commune has one delegate, regardless of its population.

5 The District Council is chaired by the Prefet of the District or its substitute.

Art. 67

1 The Council shall settle the accounts of the district and distribute among the communes, subject to recourse to the Council of State, the charges which the district is called to bear.

2 It shall take annual notice of the record of the financial administration of the State.

3 It represents the district and is especially responsible for its economic development and the flow of its agricultural products.

Art. 68

The law determines the organisation and other powers of the Council.

Chapter II 8 Communal Regime

A. General provisions

Art. 69

The communes are autonomous within the framework of the Constitution and the laws. They are competent to carry out the local tasks and those which they can assume alone or by associating with other municipalities.

Art.

1 The communes enjoy their autonomy by respecting the common good and the interest of other public authorities.

2 They carry out their own tasks and the tasks assigned to them by law.

3 They use judiciously and carefully manage the communal heritage.

Art.

1 The communes may join together in carrying out certain tasks of public utility and constitute, for this purpose, associations of public law with legal personality or otherwise collaborate. The Act sets out the principles of collaboration, creation and operation of associations of municipalities.

2 Under certain conditions laid down by law, the Council of State may force municipalities to collaborate or to associate themselves.

Art. 72

1 In each commune there are:

1.
A meeting of citizens entitled to vote in the municipality;
2.
A municipal council elected by the assembly of citizens.

2 The citizens' assembly chooses a president and vice-president from among the councillors.

3 In the case of surplus, the law lays down the principles of the organisation of municipalities.

Art.

1 In the communes with more than 700 inhabitants, the assembly of citizens can elect a general council. The law determines the organization and the competencies.

2 Citizens have an optional right to referendum against decisions taken by the General Council instead of the communal assembly. The law regulates the exercise of this right.

3 These provisions are not applicable to the bourgeois commune.

S. 74

1 The communes have the right to introduce the right of initiative. In the communes knowing this right, citizens may address to the communal council initiatives designed in general terms, relating to the adoption or modification of regulations which are the competence of the municipal assembly.

2 The law regulates the procedures for introducing and exercising this right.

Art. 75

1 The communes are subject to the supervision of the Council of State within the limits of art. 69. The law determines the nature of this monitoring, particularly in the field of management. To the extent that the Constitution and laws do not expressly provide for the contrary, the powers of examination of the Council of State are restricted to legality.

2 The regulations drawn up by the municipalities must be approved by the Council of State.

3 The law may provide that important projects of the municipalities are subject to approval or approval by the Council of State. 1

4 The Act sets out the terms of approval.


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

Art. 76

The following are considered common:

1.
Municipal municipalities;
2.
The bourgeois communes;
3. 1
...

1 Repealed popular vote of 10 June 1990, with effect from 1 Er August 1993. Ass Warranty. Fed. On 3 Oct. 1991 (FF 1991 IV 194 art. 1 ch. 7 II 1541).

B. Municipal Commons

Art. 77

1 The municipality is made up of people living in the commune.

2 Subject to Art. 26, the territory of municipal municipalities is guaranteed.

S. 78

1 The primary assembly is composed of citizens entitled to vote in the commune.

2 It shall elect a municipal council of three to fifteen members, the President and the Vice-Chairperson and, where appropriate, the General Council.

3 In the communes without a general council, the primary assembly decides in particular:

1.
Communal regulations, with the exceptions laid down in the law;
2.
Major projects for sale, the granting of limited real rights, the exchange, lease, disposal of capital, loan, loan, bonding, granting and transfer of hydraulic concessions;
3.
New non-compulsory expenditure, the amount of which is fixed by law;
4.
Budget and accounts. 1

4 In other communes, the General Council replaces the primary assembly of which it has at least the same powers, except in electoral matters.

5 In both cases, the law sets out the other powers and regulates the exercise of those rights.


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

Art.

1 The City Council has the following responsibilities:

1.
It provides for the administration of the commune;
2.
Developing and implementing communal regulations;
3.
The enforcement of cantonal legislation;
4.
Appoints employees;
5. 1
Preparing the draft budget.
6.
It establishes the accounts.

2 In the communes without a bourgeoisial council, the municipal council performs the functions.


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

C. bourgeois communes

Art. 80

The bourgeois commune is a community governed by public law responsible for carrying out tasks of public interest fixed by law.

Art.

1 The bourgeois assembly is composed of bourgeois residents living in the bourgeoisial territory. The law may extend the exercise of certain rights to bourgeois residents in the canton.

2 The bourgeois assembly has, on the bourgeoisial level, the same competences as the primary assembly. It also decides on the reception of the new bourgeois.

Art.

1 The bourgeois assembly has the right to request the formation of a separate bourgeoisial council. This application must be submitted at the end of an administrative period, as prescribed by law.

2 The bourgeoisial council shall consist of at least three members and at most nine members.

D. ...

Art. 83 1

1 Repealed popular vote of 10 June 1990, with effect from 1 Er August 1993. Ass Warranty. Fed. On 3 Oct. 1991 (FF 1991 IV 194 art. 1 ch. 7 II 1541).

Title VII Method of election, conditions of eligibility, duration of public office

Art. 84 1

1 The Grand Council consists of 130 deputies and as many substitutes divided between the districts and elected directly by the people.

2 The district of Rarogne, consisting of two semi-districts each with its own organs and powers, forms two electoral districts.

3 The distribution of seats between the districts and the half-districts is as follows:

The total figure of the Swiss population of residence is divided by 130. The resulting quotient is high to the nearest whole number and the quotient is the electoral quota. Each district or semi-district obtains as many deputies and substitutes as the number of its Swiss population of residence contains the electoral quota. If after this distribution all the seats are not yet allocated, the remaining seats are allocated to the districts and the half-districts which accuse the strongest remains.

4 After each population census, the Council of State shall determine the number of seats allocated to each district and half-district.

5 The votation of the people takes place in the communes.

6 The election is by district and half-district, depending on the system of proportional representation. The mode of application of this principle is determined by law.


1 Accepted in popular vote of 9 June 1985, in force since 1 Er Jan 1987. Ass Warranty. Fed. March 21, 1986 (FF 1986 I 866 art. 1 ch. 5 113).

Art. 85

1 The Grand Council, the Council of State, the officials of the judiciary, the Community Councils and the bourgeois councils are appointed for a period of four years.

2 The president and vice president of the Council of State are subject to re-election every year. The President is not immediately eligible for reelection.

Art. 85 Bis 1

1 The members of the Council of States are appointed directly by the people in the elections for the ordinary renewal of the National Council. These elections are held with the majority system throughout the Canton forming a single electoral district. 2

2 The appointment of members to the Council of States takes place by the same list. If the appointments are not completed on the day fixed for the elections, they will be repeated on the second Sunday following. In this case, the result of the first operation and the notice of the resumption of operations will be published immediately. 3

3 If all Members do not have an absolute majority in the first round of voting, a second round will be held. Are elected in the second round, those who have raised the largest number of votes, even though they would not have obtained an absolute majority. However, if, in the second round, the number of Members to be elected corresponds to the number of candidates proposed, they shall be declared elected, without a vote. The tacit election also applies to the first round of replacement elections where there is only one candidate and one position to be filled. 4

4 If the number of citizens who have obtained an absolute majority exceeds the number of citizens to be elected, those who have obtained the highest number of votes are appointed.

5 In the event of a tie, the fate decides.


1 Accepted in popular vote of 26 Dec. 1920, in force since 7 January 1921 (T. XXVII 119; BO 1921 10). Ass Fed Warranty. 1921 (RO) 1921 (RO 37 142; FF 1921 I 143).
2 Accepted in popular vote of 11 March 1934, in force since 6 July. 1934 (T. XXXIV 76). Ass Warranty. Fed. June 22, 1934 (RO 50 508; FF 1934 I 977).
3 Accepted in popular vote of 21 January 1996, in force since 1 Er Feb 1997. Ass Warranty. Fed. June 5, 1997 (FF 1997 III 874 art. 1 ch. 5, I 1327).
4 Accepted in popular vote of 21 January 1996, in force since 1 Er Feb 1997. Ass Warranty. Fed. June 5, 1997 (FF 1997 III 874 art. 1 ch. 5, I 1327).

Art. 86

1 The appointment of the members and alternates of the Grand Council takes place on the first Sunday of March, for each renewal of the legislature.

2 The newly elected Grand Council takes office at the opening of the inaugural session.

Art. 1

1 The members of the General Council shall be elected by the electoral body according to the proportional system.

2 The members of the municipal council and the bourgeoisial are elected by the electoral body according to the proportional system. In the bourgeois communes and in municipal municipalities whose population is less than the number laid down in the law, the electoral body may, by a majority of its members, decide on a change in the election system to the conditions laid down by the The law. The majority system is maintained in the bourgeois municipalities and in the municipal municipalities which are familiar with this system at the entry into force of this reform.

3 The president, vice president, judge and vice-judge are elected by the electoral body according to the majority system.

4 The Act sets out the procedures for the election and the date of the poll.


1 Accepted in popular vote of 21 Oct. 2007, effective from 1 Er April 2008. Ass Warranty. Fed. On 12 June 2008 ( FF 2008 5263 Art. 1 ch. 3 1265).

Art. 1

1 Citizens exercise their political rights at the age of 18.

2 Every voter and voter is eligible for public office.


1 Accepted in popular vote of 2 June 1991, in force since 16 August 1991. Ass Warranty. Fed. On 3 Oct. 1991 (FF 1991 IV 196 art. 1 ch. 5, III 1113).

Functions

Art. 89 1

1 ... 2

2 The citizen can only vote in one municipal and bourgeois commune.


1 Accepted in popular vote of 10 June 1990, in vineyard since 1 Er August 1993. Ass Warranty. Fed. On 3 Oct. 1991 (FF 1991 IV 194 art. 1 ch. 7 II 1541).
2 Repealed popular vote of 24 Oct. 1993, with effect from 1 Er June 1994. Ass Warranty. Fed. June 12, 1995 (FF 1995 III 560 art. 1 ch. 5, I 957).

Art. 1

1 The law regulates incompatibilities.

2 In particular, it ensures that:

1.
The same citizen is simultaneously engaged in functions under the control of several public authorities;
2.
The same person belongs to two organs, one of which is subordinate to the other;
3.
Members of the same family shall serve in the same authority;
4.
The citizen invested in a public service carries out other activities that would be detrimental to the performance of his or her function.

3 Except as provided by law, incompatibilities are applicable to alternates and substitutes.

4 The law may provide for other exceptions, in particular for the municipal system.

5 Only one member of the Council of State may sit in the federal chambers.


1 Accepted in popular vote of 24 Oct. 1993, in force since 1 Er June 1994. Ass Warranty. Fed. June 12, 1995 (FF 1995 III 560 art. 1 ch. 5, I 957).

Art. 91 1

1 Repealed popular vote of 24 Oct. 1993, with effect from 1 Er June 1994. Ass Warranty. Fed. June 12, 1995 (FF 1995 III 560 art. 1 ch. 5, I 957).

Art. 92

Cases of exclusion from the right to vote and the right to stand are determined by federal and cantonal legislation.

Art. 93 To 99 1

1 Repeated popular vote of 24 Oct. 1993, with effect from 1 Er June 1994. Ass Warranty. Fed. June 12, 1995 (FF 1995 III 560 art. 1 ch. 5, I 957).

Title VIII Revision of the Constitution 9

Art. 100 1

1 Six thousand active citizens can ask for the complete revision of the Constitution.

2 Any popular initiative must be put to the people's vote within three years of its tabling. This period may be extended by one year or more by a decision of the Grand Council.

1 The Grand Council notes the invalidity of the initiative which:

1.
Is contrary to federal law;
2.
Covers more than one material;
3.
Does not respect the unit of the shape;
4.
Not in the field of the Constitution;
5.
Is not feasible.

1 Accepted in popular vote of 24 Oct. 1993, in force since 1 Er June 1994. Ass Warranty. Fed. June 12, 1995 (FF 1995 III 560 art. 1 ch. 5, I 957).

Art. 101 1

1 The initiative, conceived in general terms, is subject to the vote of the people, with prior notice from the Grand Council.

2 If the people reject it, it is closed.

3 If the people accept it, the Grand Council is obliged to act on it without delay.

4 In drafting the rules requested by the unformulated initiative, the Grand Council respects the intentions of its authors.

5 The people decide at the same time whether, in the case of an affirmative vote, the total revision must be done by the Grand Council or by a constituent.


1 Accepted in popular vote of 24 Oct. 1993, in force since 1 Er June 1994. Ass Warranty. Fed. June 12, 1995 (FF 1995 III 560 art. 1 ch. 5, I 957).

Art. 102 1

1 The partial revision of the Constitution may be requested in the form of a draft of all documents.

2 The Grand Council may recommend rejection or acceptance or also oppose a counterproject.

3 When developing a counter-project, it is deliberating in two ordinary sessions. The Grand Council may decide on an additional reading.

4 When the Grand Council adopts a counter-project, citizens are invited to answer the following three questions on the same ballot:

A.
Do you accept the popular initiative?
B.
Do you accept the counterproject?
C.
Should the two texts obtain an absolute majority of the voters, is it the initiative or the counter-project that must enter into force?

1 Accepted in popular vote of 24 Oct. 1993, in force since 1 Er June 1994. Ass Warranty. Fed. June 12, 1995 (FF 1995 III 560 art. 1 ch. 5, I 957).

Art. 103

1 If, as a result of the popular vote, the revision is to be carried out by the Grand Council, it is discussed in two ordinary sessions.

2 If it is made by a Constituent, it is discussed in two debates.

3 Elections to the Constituent Assembly are held on the same basis as elections to the Grand Council. None of the incompatibilities provided for them is applicable to them.

Art. 104 1

1 The Grand Council may also, on its own initiative, revise the Constitution.

2 The revisions are first discussed at the opportunity, followed by two debates on the text, in ordinary sessions.

3 In all cases, the Grand Council may decide on an additional reading. It can also ask the people to decide on variants.


1 Accepted in popular vote of 24 Oct. 1993, in force since 1 Er June 1994. Ass Warranty. Fed. June 12, 1995 (FF 1995 III 560 art. 1 ch. 5, I 957).

Art. 105

The constitution revised by the Grand Council or by a Constituent is subject to the people's vote.

Art. 106

The absolute majority of the citizens who took part in the vote shall decide in the votes ordered in accordance with Art. 102 and 105.

Art. 107

1 Any application for revision emanating from the popular initiative must be addressed to the Grand Council.

2 The signatures supporting the application are given by commune and the electoral capacity of the signatories must be certified by the President of the municipality. It must also ensure the authenticity of the signatures that it considers to be suspect.

Part IX 10 Transitional provisions (popular and public authorities, incompatibilities)

S. 108

1 The acts adopted by the Grand Council before the date of the implementation of the new constitutional provisions are subject to the compulsory referendum, in accordance with the old art. 30 of the Cantonal Constitution.

2 The popular initiatives submitted to the Chancellery before that date are subject to the old art. 31 to 35 or old art. 101-107 of the Cantonal Constitution.

3 The Grand Council has the power to change the order and numbering of old art. 49, 50, 55, 56 and 57 of the Constitution if the new art. 90 governing incompatibilities is not approved by the people.

S. 109

Old art. 49, 50, 55, 56 and 57, 60, para. 2 and 3, 89, para. 1, 91, 93 to 99 remain in effect until the enactment of the new s. 90, para. 1. However, until that date, the Grand Council has the authority to change the order and numbering of these items to the appropriate extent.

Index of Contents

Figures refer to articles and divisions of articles of the Constitution

Administration

-
Equal treatment between the two languages 12
-
Management review 40
-
Award of the Council of State 55, 56
-
Administrative tribunal 65
-
Court of Justice
-
Right to natural justice 5
-
Violation of residence, arrest 4
-
Expropriation 6
-
Conflict of jurisdiction between administrative power and the judiciary 65

Age

-
As an eligibility condition 88
-
As a condition for the electorate 88

Agents

-
Liability 21

Arrest

-
Overview 4
-
Members of the Grand Council 50

Insurance

-
Property, buildings, fires, livestock 16

Good-money

-
Indemnities 6
-
Royalties 7
-
Acquisition, etc. 41 3
-
Sale, exchange, etc. 78

Bourgeois

-
Reception of new bourgeois 81
-
Councils of bourgeoisie 82, 85, 87
-
Bourgeois assembly 81, 82
-
Bourgeois communes 80

Budget

-
Brake on expenditure and debt 25
-
Of the State 41 1 , 54 3
-
Communal
-
Approval 78
-
Development 79

Canton

-
Division into districts 26
-
Citizens cf. Citizen
-
Cantonal court, cf. Court
-
Cantonal constitution cf. Constitution

Chef-lieu Of Township 27

Citizen

-
Exercise of State sovereignty 1
-
Township citizens
-
General 28, 29
-
Right to vote, eligibility 88
-
Freedom of establishment 10

Commons

-
Generalities 69 to 82
-
Elections 87
-
Division of districts 26
-
Common judge 62, 63
-
Appointment of District Council 66
-
Municipal authorities 72, 73, 87
-
Municipal communes 29
-
Communal taxes 24
-
Liability 21
-
Political rights
-
Optional referendum 73
-
Initiative 74

Accounts, reports

-
Of the Council of State
-
Institution 54 3
-
Examination 41 1
-
Of the cantonal court
-
The financial administration of the State 67

Concessions 41 3

-
Hydraulic forces
-
Concessions, etc. 78

Contestants

-
Acceptance of the people 31 2
-
Jurisdiction of the Grand Council 38 2
-
Competence of the Council of State 55 3

Confederation

-
Request for a referendum on federal law 38 3
-
Request for the convening of the Federal Chambers 38 3
-
Right to formulate initiative 38 3
-
Limiting the number of State Councillors sitting in the Federal Chambers 90 5

Council of States

-
Appointment of Councillors, duration of the legislature 85 Bis

Constitution

-
Acceptance of the people 30 1 , 105
-
Revision of the cantonal constitution 101 to 107
-
Constituent assembly 101, 103, 105

Departments

-
Of the Council of State 4

Expenditures

-
Coverage of State expenditure 23
-
Brake on-25
-
Financial referendum 31 3
-
Consistent with a popular initiative 33 4
-
Jurisdiction of the Grand Council 41 3

Districts

-
Sharing of township 26
-
District councils 66 to 68
-
District hospitals 19
-
District judges 62
-
As electoral districts 84

Home

-
Violation 6

Permissions

-
Of city 29
-
Policies
-
Voting 88, 89
-
Deprivation 92
-
Eligibility 88
-
Acceptance of the people 30
-
Elections cf. Elections
-
Constitutional
-
Freedom of conscience and belief 2
-
Equality before the law 3
-
Individual freedom 4
-
Right to natural justice 5
-
Warranty of property 6
-
Freedom of opinion, press 8
-
Right of petition 9
-
Freedom of establishment, trade and industry, association and assembly 10

Equality Before the law 3

Church 2

Elections, Appointments

-
By the people
-
Grand Council 84
-
State Council 52
-
Council of States 85 Bis
-
District Council 66
-
Communal Council, General Council 72, 73, 78, 87
-
Constituent assembly 103
-
Tacit elections 52 7 , 85 Bis3
-
By the Grand Council
-
President of the Grand Council 45
-
Cantonal court 39 2
-
By the Council of State
-
State personnel 55 1

Eligibility

-
Overview 88
-
Ineligibility 90

Borrowings

-
Jurisdiction of the Grand Council 41 3
-
Jurisdiction of municipalities 78

Indebtedness

-
Brake on-25

Establishment

-
Schools 18, 19, 27
-
Benefits of commune 27

State

-
Council of State
-
Generalities 52 to 59
-
Seat 27
-
Convening of the Grand Council 44 2 Ch. 2
-
Management review 40
-
Development of laws 38 1 , 42, 54 1 , 58
-
Incompatibilities 90
-
Appointment of Chairperson 85
-
State accounts
-
Institution 54 3
-
Examination 41 1
-
Expenses of the State cf. Expenditures

Executing

-
Executive authority 52
-
Laws, decrees, orders 58

Family Cf. Protection of -

Officials (employees)

-
Liability 21
-
Dismissal, dismissal 22
-
Appointment 55 1 , 85
-
Processing 41 4

Public service

-
Eligibility 88
-
Duration
-
Grand Council, Conseil d' Etat, ordre judiciary, councils communal et bourgeoisiaux 85
-
Duration
-
Council of States 85 Bis
-
Legislature, early 86
-
Relationship within the Council of State 90
-
Incompatibilities 90, 63
-
Circles, circles 63

Frein to Expenses and Debt 25

Thanks 41

Grand Council

-
Generalities 37 to 51
-
Seat 27
-
Legislative initiative obligations 33 to 35
-
Convocation 44
-
Election 84, 86
-
Legislature, duration 85
-
Entering function 86
-
Revision of the Constitution 100 to 107

Immunity

-
Members of the Grand Council 50

Taxes

-
Coverage of State expenditure 23
-
State and municipal taxes 24

Incompatibilities

-
Overview 90
-
Relationship between members of the same power 90 2 Ch. 3

Compensation

-
Judicial error, unlawful arrest 4
-
Offenses on property 6

Initiative

-
Of the people
-
Revision of the Constitution 100 to 102, 107
-
Legislative 33 to 35
-
The Grand Council
-
Revision of the Constitution 104
-
Legislative 51
-
Of the Council of State
-
Legislative 54 1
-
Convening of the Grand Council 44 2 Ch. 2

Public Instruction

-
Overview 13
-
Vocational education 15

Judge

-
Generalities cf. Courts
-
Right to natural justice 5

Languages

-
Equality between French and German 12
-
Knowledge of the two languages, cantonal court 62

Legislature 85

Freedoms Cf. Constitutional rights

Laws (Decrees)

-
Legislative initiative 30, 33 to 35, 51
-
Acceptance of the people 31, 32
-
Deliberation 47-49
-
Development 38
-
Promulgation 58
-
Running 57
-
Equality between the two national languages 12

Military

-
Provision of armed force 56
-
Military obligations 11

Parented

-
Within the Council of State and other powers 90

Paroisses 2

People

-
Set 1
-
Acceptance of the people
-
Overview 31
-
Popular initiative 33 to 35
-
Constitution 30, 100 to 102, 105, 106
-
Primary assembly 78
-
Elections by the people cf. Elections

Authorities, Authorities

-
Constitutional powers
-
Grand Council 37 to 51
-
Council of State 52 to 59
-
Judicial order 60 to 65
-
District Councils 66 to 68
-
Local councils 70 to 83
-
Liability 21, 50, 53
-
Monitoring 40, 55 2

Prefet

-
Overview 59
-
Incompatibilities 90

Property Guarantee and expropriation 6

Protection Of family 13 Bis

Prud'hommes Court 64

Publishing

-
Budget, accounts 41 1
-
Laws 57, 58

Advertising

Referendum

-
Referendum (= people's acceptance)
-
Required 30
-
Optional 30 to 32
-
Request for a referendum
-
Against federal statutes and federal orders 38 3
-
Against cantonal laws 31 1 Ch. 1
-
Financial referendum 31 1 Ch. 3

Religion 2

Proportional representation

-
To the Grand Council 84

Liability

-
Public authorities and their agents 21
-
Members of the Grand Council 50
-
Of members of the Council of State 53

Restriction

-
Members of the Council of State sitting in the Federal Chambers 90 5

Revision

-
Of the cantonal constitution 100 to 107

Parliamentary Service 45 2

Monitoring

-
By the Council of State
-
On lower authorities 55 2
-
On communes 75
-
By the State
-
On public education 13

Majority System

-
To the State Council 52
-
To the Council of States 85 Bis
-
In some bourgeois and municipal municipalities 87

Proportional System

-
General Council 87
-
The municipal council and the bourgeoisie 87

Working Protection 14

Tribunals

-
Generalities 60 to 65
-
Cantonal court
-
Seat 27
-
Appointment 39 2
-
Incompatibilities 63, 90
-
Judicial administration report 61
-
Knowledge of official languages 62
-
District Courts, Common 62, 63
-
Tribunal de Commerce, de prud'hommes 64
-
Administrative tribunal 65
-
Judicial officials, appointment 8

Status on 12 June 2008