Cantonal Council Act (KRG) - Duties of the Cantonal Council (KRG)

1. The Cantonal Council is the legislative authority. Subject to the participation of the electorate, it makes the fundamental and important policy decisions of the canton.

2. It oversees the lawful, effective, economical, and sustainable fulfillment of public duties by the Government Council, courts, and administration.

3. It collaborates with the Government Council and other authorities in the fulfillment of its duties.

1. This law regulates the fundamental aspects of the organization and operation of the Cantonal Council.

2. It establishes the framework conditions for an efficient organization of the Cantonal Council.

3. It regulates the position of the Government Council and ensures its participatory rights in the council's proceedings.

1. The Cantonal Council shall regulate its organization and its transactions in the rules of procedure, insofar as this law does not provide otherwise.

1. Organs of the Cantonal Council are

a) the President of the Council;

b) the Bureau;

c) the Committees.

1. The President of the Council presides over the meetings of the Cantonal Council and the office. He or she represents the Cantonal Council externally.

2. He or she may not be elected twice in succession.

1. The Office is composed of

a) the President of the Council;

b) the First Vice President;

c) the Second Vice President;

d) one representative from each of the parliamentary groups.

2. The Secretary of the Council participates in the meetings of the Office with an advisory vote. He or she has the right to make motions.

3. The participation of additional persons in the meetings of the Office is governed by the rules of procedure.

1. The Cantonal Council elects the members of the office as well as the deputies of the faction representations for a term of one year.

2. The factions have the right to propose their representatives as well as their deputies.

3. The members of the office remain in office until the start of the first session of the Cantonal Council in the new term of office.

**1. The Office has the following specific duties:**

a) It ensures proper management of business operations;

b) It prepares council matters unless the cantonal government, a committee of the Cantonal Council, or another authority is responsible;

c) It drafts the budget of the Cantonal Council and manages the approved credits within the scope of its expenditure competencies;

d) It coordinates its activities with the committees and factions, with the Cantonal Government, and with the courts.

**2. The rules of procedure regulate the details. They can assign additional tasks to the Office.**

1. The Cantonal Council may establish standing or special committees for the preparation of matters for discussion or for the performance of supervisory tasks.

2. When electing the committees, the strength of the parliamentary groups shall be appropriately taken into account. The Cantonal Council also ensures a balanced composition of the committees.

3. Committees entrusted with the preparation of matters for discussion do not perform supervisory tasks.

4. The committees coordinate their activities with one another and with the office.

5. Subject to the provisions below, the rules of procedure shall regulate the number, tasks, and powers of the committees.

**1. Commission Members are obligated to maintain confidentiality concerning official matters that are secret by nature or according to special regulations. The duty of confidentiality must also be observed after leaving office.**

**2. The rules of procedure regulate the dissemination of information within the council's operations. Deviations permitted by this law are reserved.**

1. Committees may invite members of the Government Council to participate in the preparation of items for discussion, interview experts, hear interested parties, and, with the consent of the Government Council, question administrative staff on the matters submitted and conduct site visits.

2. They may inspect documents referenced in the discussion materials submitted by the Government Council and, with the consent of the Government Council, review additional documents.

1. Commissions entrusted with tasks of supreme supervision have comprehensive file inspection rights. They take appropriate measures for the protection of confidentiality.

2. They may invite members of the government council to their meetings, consult experts, as well as, after prior notification of the government council, question employees of the administration and conduct inspections.

3. Official secrecy cannot be invoked against them.

4. They may form subcommissions for specific tasks. These subcommissions, unless otherwise ordered, are equipped with the same information rights as the commissions.

1. The commissions entrusted with tasks of supreme supervision shall particularly respect the independence of the courts and those authorities to which the legislation grants an independent status.

1. The preparatory commissions prepare a written report on their consultations, which contains their proposals.

2. The commissions entrusted with supervisory responsibilities report to the Cantonal Council at least once a year. They consult the Government Council beforehand.

1. For the investigation of specific incidents of great significance, the Cantonal Council may appoint a Parliamentary Investigation Commission (PUK) after consulting the Government Council.

2. The resolution for the appointment establishes the mandate and financial resources of the commission and designates the members as well as the chairperson.

1. The powers of the PUK are governed by Article 12 of this Act.

2. Furthermore, the PUK may gather the evidence provided for in the Act on Administrative Procedure. The relevant provisions of the Act on Administrative Procedure apply accordingly.

1. The government council and any potentially affected persons have the right to present their views before the Parliamentary Investigation Committee and on the draft final report.

1. The PUK submits a report and presents an application to the Cantonal Council. In doing so, it observes official secrecy.

2. The Executive Council may express its position on the PUK’s final report in a report to the Cantonal Council.

1. General Staff Office of the Cantonal Council is the Cantonal Chancellery.

1. The Parliamentary Service is available to the organs of the Cantonal Council as well as to the individual council members for the fulfillment of their tasks.

1. The Cantonal Council elects the Council Clerk upon the proposal of the Executive Council. In the procedure for drafting the election proposal, the Executive Council shall involve the office of the Cantonal Council in an appropriate manner.

2. The termination of the employment relationship with the Council Clerk may only occur with the consent of the office of the Cantonal Council. The rights and duties of the employer, moreover, are exercised by the Executive Council. The Personnel Act applies.

1. The Cantonal Council elects the head of the Parliamentary Services upon the recommendation of the Bureau. The preparation for the election is governed by the Rules of Procedure.

2. The Rules of Procedure regulate the authority for the exercise of the rights and obligations of the employer. In other respects, the Personnel Act applies.

1. The Cantonal Council convenes for its inaugural session following the general renewal elections.

2. The term of office of the Cantonal Council ends with the commencement of the inaugural session of the newly elected council.

1. The newly elected Cantonal Council, upon the request of the Governing Council, determines the result of the elections to the Cantonal Council.

2. Members of the council whose election is contested shall not participate in the deliberations until the validity of their election is established.

1. The sessions of the Cantonal Council and the session documents are public. To protect private or public interests, the office shall take appropriate measures.

2. The rules of procedure govern the admissibility of visual and audio recordings in the council chamber.

1. Deliberations and session documents regarding pardon requests are not public.

2. The Cantonal Council may decide to hold a non-public session to protect overriding private or public interests. The decision is made by a two-thirds majority of the members present after a non-public deliberation.

3. The rules of procedure regulate the details, particularly the circle of authorized persons, the public access to session documents, and the recording of the deliberations.

1. The meetings and meeting documents of the bodies of the Cantonal Council are not public.

2. Exceptions are governed by the rules of procedure.

1. The office and the commissions may inform the public about the results of their deliberations. In doing so, they must respect the confidentiality of the commission's proceedings.

1. Media professionals who regularly cover the work of the Cantonal Council must register with the Cantonal Office before commencing their activities. The office maintains a register.

2. The rules of procedure shall regulate the details.

1. A written record shall be kept of the proceedings of the Cantonal Council and its bodies. The minutes of the Cantonal Council are public.

2. Audio and video recordings may be created as an aid to minute-taking. They shall neither be published nor retained beyond the time of minute approval, unless otherwise provided by law or rules of procedure.

3. The rules of procedure shall regulate the details.

1. The Cantonal Council has its own financial resources for the fulfillment of its tasks.

2. The account of the Cantonal Council is part of the state account.

3. The Executive Council makes changes to the draft budget of the Cantonal Council only after consultation with the Office.

1. The Authorities of the Office for Bound and New Expenditures correspond to those of the Government Council according to the Cantonal Constitution.

**1. Members who may not belong to the Cantonal Council:**

a) Members of the Executive Council;

b) Members of a cantonal court;

c) Department secretaries and their deputies;

d) Other employees of the cantonal administration and its subordinate institutions and enterprises, for which the Executive Council is the appointing authority;

e) Directors of autonomous institutions and enterprises;

f) Personal staff members of the Executive Council members;

g) Employees of the Cantonal Chancellery, the Personnel Office, and the Office of Finance.

**2. If a council member is elected to an office or a position as specified in Paragraph 1, they shall resign from the Cantonal Council upon assuming that office or position.**

**3. If an incompatibility arises with the election to the Cantonal Council, the affected person may only assume their office once they have relinquished the other office or function. If the incompatibility persists, a vacancy will arise seven months after the announcement of the election.**

1. The council members are obligated to participate in the meetings of the Cantonal Council and the bodies to which they belong.

1. Council members disclose any conflicts of interest and professional activities. The obligation of professional secrecy remains unaffected.

2. In particular, the following must be disclosed

a) Employer;

b) Executive and advisory roles in organizations with economic or charitable purposes;

c) Executive and advisory roles in cantonal, national, or international interest groups;

d) Other political offices.

3. The Cantonal Chancellery maintains a public register.

4. A council member must indicate a conflict of interest when they express views on a subject matter under discussion that is related to that conflict of interest.

1. The obligation to abstain does not apply to generally binding resolutions, the handling of parliamentary motions, and the election of bodies of the Cantonal Council.

2. In the case of other matters up for discussion, a council member shall abstain

a) if the member or a person closely related to them, within the meaning of the Administrative Procedure Law, has a direct, personal interest in the matter;

b) if the member has a significant interest in the affairs of an organization of public or private law—excluding municipalities and special-purpose associations—for which they have a managerial position.

3. Anyone who must abstain shall remain distant from the preparation, consultation, and decision-making process.

4. In case of doubt, the Cantonal Council or the relevant body shall make a final decision, excluding the concerned member. The latter shall be given the opportunity to comment.

1. Access to official records is governed by the Information Act.

2. Members of the council receive oral or written information from the cantonal administration free of charge on simple factual and legal questions, provided these are related to official duties and there are no overriding public or private interests opposing it.

1. The council members and the members of the government council are free in their expressions in the cantonal council and in the commissions, and can only be criminally prosecuted or civilly held accountable for their statements if two-thirds of the present council members grant their authorization.

2. The request for the lifting of immunity can be submitted by a council member, the government council, or by the authority that would be responsible if the immunity were lifted.

3. The responsible commission reports and submits a proposal after hearing the person concerned.

1. Council members may join together to form parliamentary groups.

2. Parliamentary groups discuss council matters and thus contribute to the formation of political opinion.

3. Each council member may belong to only one parliamentary group. Upon withdrawal or expulsion from the group, a council member loses his or her mandates in the committees and the office.

4. The parliamentary groups receive compensation for their activities.

5. The details are regulated by the rules of procedure.

1. The council members shall be appropriately compensated for their activities.

2. The rules of procedure shall regulate the details.

1. The Rules of Procedure govern the proceedings in the Cantonal Council, insofar as this law does not provide otherwise.

1. The Cantonal Council convenes as often as required by business.

2. 20 council members or the Executive Council may request the convening of a meeting. They must specify the subject matter for discussion.

1. The Cantonal Council is quorate when 44 council members are present.

1. No council member can be obligated to vote.

1. Votes are conducted openly.

2. The Cantonal Council may decide to hold secret votes.

1. Elected is the individual who, in the first ballot, unites the majority of the votes of the present members.

2. If no one receives the majority of the votes of the present members, the individual with the least votes is eliminated from the election. Then voting continues in the same manner among the remaining candidates until someone receives the majority of the votes of the present members. In the event of a tie, the decision shall be made by drawing lots.

1. For the preparation of an electoral proposal for the Cantonal Council, the office or the responsible commission may form an electoral committee.

1. Proposals subject to mandatory or optional referendums are subject to public discussion.

2. The rules of procedure govern the details.

1. If the Government Council or the competent commission requests the complete or partial invalidation of a popular initiative, the initiators must be granted a reasonable period to respond.

1. The Cantonal Council deliberates on plans and reports and takes note of them, insofar as it does not have to approve them by virtue of a specific provision.

2. It may adopt declarations.

3. If the Government Council does not fulfill the content of a declaration, it must provide a justification to the Cantonal Council.

1. The Cantonal Council administers the oaths as provided by law.

1. The competent commission reviews the petition, reports to the Cantonal Council, and submits a proposal.

2. Submissions with obviously irrelevant content can be directly answered by the commission. It informs the Cantonal Council about these cases.

1. The competent commission reviews the department's request for a pardon, reports to the Cantonal Council, and submits a proposal.

1. The Cantonal Council regularly holds a question hour. During this time, council members can ask brief questions that concern cantonal matters and can be easily answered.

2. The bylaws govern the details.

1. Subjects of consultation can be withdrawn as long as neither the Cantonal Council nor a preparatory commission have begun deliberations. Otherwise, the withdrawal must be approved by the body that most recently engaged with the matter.

1. Members of the council, the commissions, and the parliamentary groups have the right to submit parliamentary initiatives, motions, postulates, and interpellations.

2. Members of the council and the parliamentary groups may submit written inquiries.

3. The governing council provides annual information on the processing status of pending proposals.

1. With a significantly declared parliamentary initiative, a draft for an amendment to the Cantonal Constitution or for the enactment or amendment of laws, cantonal council ordinances, and resolutions may be submitted.

2. The parliamentary initiative can only take the form of a fully developed draft.

3. The Cantonal Council decides within a short period and after obtaining the opinion of the Government Council whether a parliamentary initiative should be declared significant.

4. If the Cantonal Council declares a parliamentary initiative significant, the responsible committee reports and makes a proposal.

5. The committee and the Government Council may propose amendments or draft counterproposals.

6. During the consideration of the subject matter, the Cantonal Council decides whether the parliamentary initiative should be written off. If the write-off is rejected, the mandate to the committee remains in effect.

1. Through a motion declared significant, the governing council is tasked with presenting the draft for an amendment to the cantonal constitution or for the enactment or amendment of laws, cantonal council ordinances, and resolutions.

2. The cantonal council decides within a short period and after the statement from the governing council, whether a motion should be declared significant.

3. The primary signatory is entitled to convert a motion into a postulate of their own accord or upon the request of the governing council.

4. During the deliberation of the subject matter, the cantonal council decides whether the motion should be dismissed. If the dismissal is rejected, the mandate to the governing council remains.

5. A motion declared significant for the adjustment of legislation concerning the cantonal council is directed to the office.

1. By means of a significantly declared postulate, the government council is tasked with examining a specific issue and reporting as well as making a proposal on it within one year.

2. The cantonal council decides within a short period and after obtaining the statement from the government council whether a postulate should be declared significant.

3. During the handling of the report and proposal, the cantonal council decides whether the postulate should be written off. If the write-off is rejected, the mandate to the government council remains.

1. An interpellation grants the right to receive information about any matter of the canton within a short period. The rules of procedure may provide for an urgent interpellation.

1. The written inquiry is directed to the Cantonal Government in any matter concerning the canton.

2. The inquiry must be answered in writing within three months. It will not be addressed in the Cantonal Council.

1. Parliamentary initiatives, motions, and postulates may be withdrawn as long as they have not been declared significant by the Cantonal Council.

2. Interpellations may be withdrawn as long as they have not been placed on the agenda.

1. The members of the government council participate in the sessions of the cantonal council with an advisory vote. They have the right to make motions.

2. The recorder or secretary has the same powers for matters concerning the cantonal chancellery.

1. The Executive Council may issue statements on its own initiative.

2. The Cantonal Council may decide to hold a discussion on this matter.

1. The Supervision Aims to Exercise Political Control by the Cantonal Council with Regard to Legality, Effectiveness, and Efficiency. It Relates to the Activities of the Government Council and the Higher Court.

2. The Cantonal Council and Its Bodies Exercise Supervision Particularly Over the Following Authorities and Organizations

a) Government Council and Cantonal Administration;

b) Judicial Bodies;

c) Autonomous Institutions and Enterprises;

d) Other Entities Responsible for Cantonal Public Functions.

3. The Supervision Extends Over All Actions and Omissions of the Supervised Authorities and Organizations. It Usually Takes Place Retrospectively.

1. Resolutions and orders of the supervised authorities and organizations cannot be changed or repealed by the Cantonal Council and its bodies.

2. The Cantonal Council and its bodies cannot issue instructions to the supervised authorities and organizations.

3. The Cantonal Council and its bodies are not authorized to review judicial decisions in factual and legal terms.

1. The Cantonal Council exercises oversight over the other administratively independent authorities of the Canton.

1. The Cantonal Council monitors the development of inter-cantonal and international cooperation of the canton and participates in the decision-making process regarding fundamental issues and politically significant decisions.

1. The government council shall inform the competent body of the cantonal parliament early, continuously, and comprehensively about the development of inter-cantonal and international cooperation.

2. It shall maintain a list of ongoing and planned projects and provide it to the competent body for their information.

1. The Government Council consults the competent body of the Cantonal Council in a timely manner regarding important matters of inter-cantonal and international cooperation, particularly concerning inter-cantonal and international agreements that are subject to the approval of the Cantonal Council.

2. It provides information on the progress of the work.

1. The information from the Executive Council, the statements from the competent body, as well as the minutes and meeting documents, are subject to commission confidentiality pursuant to Article 10 of this law. Access to the records is restricted to the respective members of the competent body.