The Canton of Bern (KV)

1. The Canton of Bern is a liberal, democratic, and social constitutional state.

2. The state authority is based on the people. It is exercised by the citizens entitled to vote and the authorities.

1. Article 101a paragraph 2 does not apply to the state accounts of 2002.

2. This amendment will be applied for the first time in the 2003 budget.

1. The Canton of Bern is a member of the Swiss Confederation.

2. It cooperates with the federal government and the other cantons and sees itself as a mediator between the German-speaking and French-speaking regions of Switzerland.

1. This amendment shall apply for the first time to the 2009 budget estimate, the 2010-2012 task and financial plan, as well as the 2009 annual report.

1. The canton comprises the territory guaranteed to it by the Confederation.

2. It is divided into administrative regions, administrative districts, office districts, and municipalities.

3. Regional organizations may be formed to address specific tasks.

1. The needs of linguistic, cultural, and regional minorities shall be taken into account.

2. For this purpose, special powers may be granted to these minorities.

1. The Bernese Jura, which forms the administrative region of Bernese Jura, is granted a special status. This is intended to enable it to preserve its identity, maintain its linguistic and cultural uniqueness, and actively participate in cantonal politics.

2. The Canton shall take measures to strengthen the ties between the Bernese Jura and the rest of the Canton.

1. German and French are the cantonal and official languages of Bern.

2. The official languages are

a. French in the Bernese Jura administrative region,

b. German and French in the Seeland administrative region and the Biel/Bienne administrative district,

c. German in the other administrative regions and in the Seeland administrative district.

3. The official languages of the municipalities in the administrative districts of the Seeland administrative region are

a. German and French for the municipalities of Biel/Bienne and Leubringen,

b. German for the other municipalities.

4. The Canton and municipalities may take into account special circumstances arising from the bilingualism of the Canton.

5. All individuals may address the authorities responsible for the entire Canton in the official language of their choice.

1. Acquisition and Loss of Cantonal and Municipal Citizenship Rights are regulated within the framework of federal law, subject to the following principles.

2. Cantonal citizenship is based on municipal citizenship.

3. Specifically, the following persons are not naturalized

a) anyone who has been convicted of a crime by a final judgment or who has been lawfully sentenced to a prison term of at least two years for an offense;

b) anyone receiving social assistance benefits or who has not fully repaid such benefits;

c) anyone who cannot demonstrate adequate knowledge of an official language;

d) anyone who cannot demonstrate adequate knowledge of the Swiss and cantonal state structure and its history;

e) anyone who does not have a residence permit.

4. There is no right to naturalization.

1. Every person is obligated to fulfill the duties imposed on them by the Constitution and the legislation based on it.

2. In addition to the responsibility for oneself, every person bears responsibility towards their fellow human beings as well as co-responsibility to ensure that the right to self-determination is preserved for future generations.

The dignity of the human person is to be respected and protected.

1. Equality before the law is guaranteed. Discrimination based on race, color, sex, language, origin, lifestyle, as well as political or religious beliefs is prohibited in all cases.

2. Men and women are equal. They have the right to equal access to public educational institutions and offices, to equal education, and to equal pay for work of equal value.

3. The canton and municipalities promote the actual equality of men and women.

1. Every person has the right to protection against arbitrary state action.

2. The protection of good faith is guaranteed.

1. Personal liberty is guaranteed, particularly the right to physical and mental integrity and freedom of movement.

2. Torture, inhuman and degrading punishments or treatments are not permissible under any circumstances.

3. Everyone has the right to respect for their privacy, their home, and their correspondence and telecommunications.

**The Right to Marriage and Family Life is Protected.**

The free choice of an alternative form of communal living is guaranteed.

1. Freedom of belief and conscience and their exercise are guaranteed.

2. In no case is it permissible to compel anyone to perform a religious act or to profess a belief.

1. Freedom of Language is Guaranteed.

1. The free choice of residence and abode is guaranteed.

1. Every person has the right to freely form their opinion, express it without hindrance, and disseminate it in word, writing, image, or by other means.

2. Outside of special legal relationships, prior censorship is not permissible in any case.

3. Every person has the right to access official records, provided that no overriding public or private interests oppose it.

1. Every person has the right to access the data processed about them and to request that incorrect data be corrected and inappropriate or unnecessary data be destroyed.

2. Authorities may process personal data only if there is a legal basis and the data is suitable and necessary for the fulfillment of their tasks.

3. They ensure that the processed data is accurate and protect it against misuse.

1. Every person has the right to assemble with others and to form associations, or to refrain from assemblies and associations.

2. Public demonstrations may be subject to a permit requirement by law or municipal regulations. They shall be allowed if an orderly conduct is ensured and the inconvenience to other users appears reasonable.

1. Every person has the right to submit petitions to authorities and to collect signatures for them without suffering any disadvantages.

2. Restrictions on the right to submit individual petitions are not permissible under any circumstances.

3. Petitions must be reviewed and answered by the competent authority within one year.

1. The authority to teach as well as the freedom of research and teaching are guaranteed.

2. Individuals engaged in science, research, and teaching are aware of their responsibility towards the integrity of the life of humans, animals, plants, and their basic living conditions.

The freedom of artistic expression is guaranteed.

1. The free choice of occupation and workplace, the freedom of economic activity, and the right to professional and trade union association are guaranteed.

2. The institution of contractual freedom is inviolable.

1. Property is guaranteed and inviolable as an institution.

2. In cases of expropriations and restrictions on property that are equivalent to expropriation, full compensation must be provided.

3. The canton and municipalities create favorable conditions for the broad distribution of private land ownership, particularly for self-use and self-management.

1. Freedom may only be deprived from a person in cases and forms determined by law.

2. Every person who is deprived of their freedom must be promptly informed, in a language that they understand, about the reasons for the deprivation and the rights to which they are entitled. They have the right to have their relatives notified as soon as possible.

3. Every person suspected of a crime and taken into police custody must be brought before a judicial authority as soon as possible, which is to decide on the continuation of the deprivation of liberty. If the person remains in custody, they have the right to be judged within a reasonable time or to be released from detention.

4. Every person deprived of their liberty has the right

a. to consult with legal counsel and to communicate freely with them;

b. to have the deprivation of liberty reviewed in a simple and swift judicial procedure.

5. If the deprivation of freedom proves to be unlawful or unjustified, the community owes the affected person full compensation for damages and possibly satisfaction.

6. Restrictions on the guarantees of paragraphs 1 to 3 are not permissible under any circumstances.

1. Every person has an inviolable right to independent, impartial judges as prescribed by law.

2. The parties have a right in all proceedings to a hearing, to access files, to a reasoned decision within a reasonable time, and to legal instruction.

3. The indigent have a right to free legal aid.

4. Every person is presumed innocent until proven guilty in a court of law. In case of doubt, the decision shall be in favor of the accused.

5. Conviction for an act or omission that was not punishable at the time it was committed is not permissible under any circumstances.

1. Fundamental rights must be upheld throughout the entire legal system.

2. Anyone performing public duties is bound by fundamental rights and contributes to their realization.

3. Fundamental rights also apply to foreign nationals, unless otherwise provided by federal law.

4. Minors and those deprived of legal capacity who are capable of judgment can independently assert the rights to which they are entitled for the sake of their personality.

1. Any restriction of a fundamental right requires a basis in law. The content, purpose, and extent must be sufficiently determined. Exceptions apply in cases of serious, immediate, and obvious danger, particularly when human life and health, the exercise of democratic rights, or irreparable harm to the environment are at stake.

2. Fundamental rights can only be restricted if the protection of an overriding public interest or a conflicting fundamental right of a private individual justifies it.

3. The restrictions must be proportionate.

4. The core of fundamental rights is inviolable. The core content includes, in particular, guarantees which this constitution designates as inviolable or for which it does not allow any restrictions under any circumstances.

1. Every person has the right to shelter, means necessary for a dignified life, and basic medical care in situations of emergency.

2. Every child has the right to protection, care, and custody, as well as to free education appropriate to their abilities.

3. Victims of serious crimes have the right to assistance in overcoming their difficulties.

1. Canton and municipalities aim to ensure that

a) everyone can earn their living under reasonable conditions, are protected against the consequences of involuntary unemployment, and can enjoy paid holidays;

b) everyone can live under affordable conditions;

c) women are materially secure before and after childbirth;

d) suitable conditions for the care of children are created, and families are supported in fulfilling their roles;

e) the concerns and needs of children and young people are taken into consideration;

f) everyone can educate and further educate themselves according to their abilities and inclinations;

g) all people who, due to age, infirmity, illness, or disability, require assistance receive adequate care and support.

2. They achieve these objectives in complement to private initiative and responsibility, and within the framework of available resources.

1. The natural environment shall be maintained in a healthy state for present and future generations. It shall be burdened as little as possible by state and private activities.

2. The natural resources may only be utilized to the extent that their renewability and availability remain ensured.

3. The canton and municipalities shall ensure the protection of humans and the natural environment from harmful and nuisance effects. The canton shall also ensure protection against potential dangers of genetic engineering procedures or products.

4. The canton and municipalities shall protect animal and plant life as well as their habitats.

5. The costs for environmental protection measures are generally to be borne according to the polluter-pays principle.

**Article 1: Obligation to Address Climate Change**

The canton and municipalities actively commit to limiting climate change and its adverse effects.

Within their competencies, they contribute the necessary efforts to achieve climate neutrality by 2050 and enhance the ability to adapt to the adverse impacts of climate change.

The measures for climate protection must collectively aim to strengthen the economy and be environmentally and socially sustainable. Notably, they include instruments for promoting innovation and technology.

The canton and municipalities shall align public financial flows overall towards a climate-neutral and climate-resilient development.

The canton and municipalities, in collaboration with private organizations, take measures for the preservation of landscapes and townscapes worthy of protection, as well as natural monuments and cultural assets.

1. The canton and municipalities ensure the economical use of land, orderly settlement of the territory, and the preservation of recreation areas.

2. Spatial and building regulations are to be directed towards the desired development of the canton. They take into account the diverse needs of the population and the economy, as well as environmental protection.

3. The canton ensures the preservation of sufficient agriculturally usable cultivated land.

1. The canton and municipalities ensure a safe, economical, environmentally sound, and energy-efficient traffic regulation.

2. They promote public transport and the transition to environmentally friendly modes of transportation.

3. They take into account the needs of non-motorized traffic in road construction.

4. They consider the impact on traffic volume when fulfilling their tasks.

1. The canton and municipalities ensure the water supply.

2. They take measures for an environmentally friendly, economical, and sufficient energy supply. They promote the use of renewable energies.

3. They advocate for the economical and rational use of water and energy.

1. The canton and municipalities strive to reduce the pollution of water and ensure the environmentally appropriate treatment of wastewater.

2. They take measures to reduce waste and to facilitate its recycling. Non-recyclable waste is to be disposed of in an environmentally appropriate manner.

1. The canton and municipalities are responsible for public order and safety.

1. The canton and municipalities, together with public and private organizations, provide support for people in need.

2. They promote prevention and self-help, combat the causes of poverty, and prevent social emergencies.

3. They may supplement the federal benefits for social security.

1. The canton and municipalities take measures to prevent unemployment and mitigate its consequences. They support vocational retraining and reintegration.

2. The canton promotes workplace safety and occupational medicine.

3. The canton and municipalities do not take sides in lawful collective actions between social partners.

4. They promote the compatibility of employment and caregiving responsibilities.

1. The canton and municipalities take measures to maintain affordable housing and to improve inadequate living conditions. They promote the construction of affordable housing.

1. The canton and municipalities protect and promote health. They ensure adequate and economically sustainable medical and nursing care for the population and provide the necessary facilities for this purpose.

2. The canton ensures, through planning and an appropriate financing system, the effective and economical use of public funds. It ensures coordination with private institutions.

3. The canton and municipalities promote home care and assistance. They support effective measures in the area of addiction prevention.

4. The canton promotes natural healing methods.

5. It supervises public and private institutions, health professions, and the pharmaceutical sector.

1. The education system aims to promote the harmonious development of physical, intellectual, creative, emotional, and social abilities, as well as to enhance the sense of responsibility towards the environment.

2. The canton and municipalities support parents in the upbringing and education of children.

1. The canton and municipalities operate public kindergartens and schools. The instruction is denominationally and politically neutral.

2. They may contribute to private schools that fulfill public functions.

3. The canton regulates the supervision of private schools and private instruction.

1. The canton maintains a university and universities of applied sciences. They fulfill their duties in the service of the public.

2. They promote scientific knowledge through teaching and research and provide services.

1. The Canton and the municipalities support both vocational and non-vocational adult education.

2. The Canton facilitates education through financial contributions or other measures to promote equal opportunities.

3. The Canton advocates for collaboration and coordination within the education system.

1. The Canton supports the independence and diversity of information. The law regulates the editorial confidentiality for media professionals.

Sundays and legally recognized holidays are public rest days.

1. Canton and municipalities facilitate access to culture. They promote cultural creation as well as cultural exchange.

2. In doing so, they take into account the needs of all segments of the population and the cultural diversity of the canton.

1. The canton and municipalities support the meaningful organization of leisure activities and measures to promote sports and recreation.

1. The canton and municipalities create favorable framework conditions for a structurally and regionally balanced, efficient economy.

2. They aim to preserve viable small and medium-sized enterprises as well as a widely diversified retail trade.

1. The canton shall take measures for an efficient and environmentally sustainable agriculture and forestry.

2. It shall support family-run farms, promote self-management, and encourage nature-friendly farming practices.

3. It shall ensure the preservation of forests in their protective, productive, and welfare functions.

1. The Royal Rights of the Canton are

a) the salt monopoly,

b) the water monopoly,

c) the mining monopoly including the use of geothermal energy,

d) the hunting and fishing monopoly.

2. Existing private rights are reserved.

3. The Royal Rights grant the Canton the exclusive right of use. It may transfer this right to municipalities or private individuals.

1. The canton operates a bank to promote economic and social development. It supports the canton and the municipalities in fulfilling their tasks.

1. The canton participates in the cooperation of the regions of Europe.

2. It contributes to the economic, social, and environmental development in disadvantaged countries and supports humanitarian aid for people and nations in need. In doing so, it promotes the observance of human rights.

1. The right to vote in cantonal matters is granted to all Swiss citizens residing in the canton who have reached the age of 18.

2. The law governs the voting rights of Swiss citizens living abroad, as well as the exclusion from voting rights due to minority and incapacity to make a valid judgment.

1. The People Elect

a) the Grand Council,

b) the Executive Council,

c) the Bernese members of the National Council,

d) the Bernese members of the Council of States.

2. The Bernese members of the Council of States are elected simultaneously with the National Council and for the same term of office. The majority voting system applies.

1. 30,000 eligible voters can at any time demand the complete renewal of the Grand Council or the Executive Council. The newly elected authority completes the term of office of the departing authority.

2. The request must be submitted within three months after the popular referendum is initiated. If the people agree, new elections are to be ordered immediately.

1. An initiative may submit a request for

a. a total or partial revision of the constitution,

b. the enactment, repeal, or amendment of a law,

c. the termination or commencement of negotiations regarding the conclusion or amendment of an inter-cantonal or international treaty, to the extent that it is subject to a referendum, as well as

d. the drafting of a cantonal council resolution that is subject to a referendum.

2. An initiative is considered successful if 15,000 eligible voters sign the request within six months. For a request for a total revision of the constitution, 30,000 signatures are required.

3. An initiative may take the form of a simple suggestion or, provided it does not demand a total revision of the constitution or the drafting of a cantonal council resolution, the form of a fully elaborated draft.

1. The Executive Council assesses the coming into existence, and the Grand Council assesses the validity of initiatives.

2. Initiatives shall be declared wholly or partially invalid if they

a) contravene superior law;

b) are impracticable;

c) do not maintain the unity of form or subject matter.

3. In the case of simple suggestions, the Grand Council shall make the final determination on the legal form in which the proposal is to be drafted.

4. Initiatives are to be handled without delay.

**The Grand Council may present a counterproposal to both a fully formulated initiative and a proposal it has drafted based on an initiative in the form of a simple suggestion.**

The vote on the initiative and the counterproposal takes place simultaneously. Eligible voters may validly approve both proposals and decide which one they would prefer if both proposals are accepted.

1. Compulsory Subject to the Referendum

a Constitutional revisions,

a1 urgent laws,

b initiatives not approved by the Grand Council or countered with a counterproposal by the Grand Council,

c inter-cantonal and international treaties that are not compatible with the constitution,

d changes to the canton territory, excluding boundary corrections.

2. Proposals subject to the optional referendum are submitted to the compulsory referendum if requested by 100 members of the Grand Council.

1. Moreover, a popular vote is required if the referendum is initiated for the following

a) Laws,

b) Intercantonal and international treaties that have a subject matter that falls under the optional public vote in the canton,

c) Spending decisions of the Grand Council, provided they involve one-time expenditures exceeding two million Swiss francs or recurring expenditures exceeding 400,000 Swiss francs,

d) Concession decisions of the Grand Council,

e) Basic policy decisions of the Grand Council,

f) **\*** other substantive decisions of the Grand Council when mandated by law or if requested by the Grand Council or 70 of its members. Exempt from referendums are elections, judiciary matters, the annual report, and the budget.

2. The referendum is deemed successful if, within three months following the publication of the proposal, 10,000 eligible voters demand a popular vote on the subject matter.

1. A voting proposal is considered accepted if it receives the majority of the valid votes cast in the canton.

2. The Grand Council may make a contingent proposal in a proposal that is subject to a referendum. If the referendum takes place and no popular proposal is submitted according to paragraph 3, the contingent proposal must be presented to the electorate alongside the main proposal. If no referendum takes place or a popular proposal is submitted, the contingent proposal lapses.

3. 10,000 eligible voters may submit a popular proposal within three months following the publication of a law or a fundamental decision. This is considered a referendum.

4. For contingent proposals and popular proposals, the same voting procedure as for a counter-proposal to an initiative is applied.

1. The right to provide input during consultations on drafts of constitutions and legislation, as well as on other projects of general significance, is open to all.

2. The statements are publicly accessible.

1. Political parties participate in the formation of opinion and will.

2. The canton and municipalities can support them in this task.

1. The Organization of Authorities is Governed by the Principle of Separation of Powers. No authority may exercise state power without control and without limits.

2. Anyone who performs public duties is bound by the constitution and legislation.

3. Cantonal enactments that contradict higher-ranking law may not be applied by the judicial authorities.

**Eligibility for Legislative and Executive Bodies, and Judicial Authorities**

All eligible voters of the canton are eligible for election to the Grand Council, the Executive Council, the Council of States, and the cantonal judicial authorities, unless the constitution or law requires additional qualifications.

The law regulates the eligibility of other authority members and the staff of the cantonal administration.

Legislation governs the employment relationship.

1. The following individuals may not simultaneously be members of the Grand Council

a the members of the Executive Council,

b **\* the members of the cantonal judicial authorities and the Public Prosecutor's Office,

c **\* the personnel of the central and decentralized cantonal administration,

c1 **\* the personnel of the judicial authorities and the Public Prosecutor's Office,

d other persons, provided the law stipulates so.

1a The law may foresee exceptions to paragraph 1 letter c in justified cases.

2. Anyone who is a member of a cantonal judicial authority or the Public Prosecutor's Office may not simultaneously belong to the Executive Council or the central or decentralized cantonal administration.

3. Members of the Executive Council may not be members of the Federal Assembly.

4. Members of authorities and personnel of the cantonal administration, judicial authorities, and the Public Prosecutor's Office must recuse themselves from matters that directly affect them.

1. Powers of the people can be delegated to the Grand Council and the Executive Council, provided the delegation is limited to a specific area and the law defines the framework of the delegation. Direct delegation to other authorities is excluded.

2. Under the same conditions, powers of the Grand Council can be delegated to the Executive Council.

3. The Executive Council may delegate its powers to other bodies if authorized by law to do so. Powers of the directorates may be delegated without authorization by law.

4. All fundamental and important legal principles of cantonal law are to be enacted in the form of law. This includes provisions for which the constitution explicitly requires legislation, as well as provisions on

a) the fundamental aspects of the legal status of individuals,

b) the subject of levies, the principles of their assessment, and the circle of those liable for levies, except for fees of minor importance,

c) the purpose, type, and framework of significant cantonal services,

d) the fundamental aspects of the organization and duties of authorities,

e) the undertaking of a new permanent task.

1. Authorities Must Provide Sufficient Information About Their Activities

1. The canton and other public authorities are liable for damage unlawfully caused by their organs in the performance of their sovereign activities.

2. The law defines liability in other cases. It regulates the responsibility of the authorities and personnel of the cantonal administration.

3. The law determines the conditions under which the canton is also liable for damage caused by the lawful actions of its organs.

1. The Grand Council consists of 160 members, who are elected for a four-year term of office.

**The Grand Council is elected by proportional representation.**

The law designates the electoral districts.

The seats are allocated to the electoral districts according to the population. The electoral district of Bernese Jura is guaranteed twelve seats. An adequate representation of the French-speaking minority in the Biel-Seeland electoral district must be ensured.

The distribution of seats to the lists is based on the party votes obtained in the electoral districts.

1. The Grand Council enacts laws and decrees. The law shall specify those provisions that are to be elaborated by decree.

2. It approves

a) international treaties, as well as

b) inter-cantonal agreements, insofar as these do not fall within the exclusive competence of the Government Council.

1. A law that does not permit any delay in its enactment may be put into effect immediately if the Great Council decides with a two-thirds majority of its members.

2. Contingency motions according to Article 63, paragraph 2 are excluded for a law pursuant to paragraph 1.

3. The popular vote according to Article 61, paragraph 1, subparagraph a1 shall take place no later than six months after the urgent law comes into effect. If rejected, the urgent law ceases to be in effect immediately after the popular vote.

The Grand Council addresses the report on the guidelines of government policy, the task and financial plan, as well as other fundamental plans in individual areas of responsibility.

1. The Grand Council decides on

a) the budget,

b) the annual report, **\***

c) the tax rate,

d) the framework for new indebtedness,

e) expenditures, insofar as they do not fall within the competence of the executive council or the judicial administration. **\***

1. The Grand Council elects

a. the President of the Grand Council,

b. the President of the Government,

c. the State Secretary,

d. the President of the Supreme Court and the Administrative Court,

e. * the other members of the courts, unless otherwise provided by law,

f. * the Attorney General as well as the Deputy Attorneys General.

2. The law may assign additional elections to it.

1. The Grand Council oversees

a) the government,

b) the administration of the judiciary management, the highest courts, and the Office of the Attorney General.

2. It exercises supreme supervision over the administration and other public duty bearers.

1. The Grand Council

a) deliberates and decides on all matters subject to a popular vote;

b) exercises the participatory rights granted to the cantons by the Federal Constitution;

c) may submit opinions to federal authorities during consultations;

d) resolves jurisdictional conflicts between the highest cantonal authorities;

e) decides on amnesty and pardons;

f) **\***) ...

g) fulfills other duties assigned to it by the constitution or legislation.

2. The law grants the competence to award, amend, renew, and transfer significant concessions to the Grand Council.

1. The Grand Council may issue directives to the Executive Council. Insofar as the Executive Council has the authority to make final decisions, a directive assumes the character of a guideline.

2. The Grand Council may make fundamental decisions within its areas of competence.

**Article [number]: Committees and Delegations of Powers**

The Grand Council may establish committees to prepare its deliberations.

It may delegate individual decision-making powers to these committees. The Grand Council must retain the right to reclaim any individual matter.

The committees shall possess specific rights to information, rights of access, and investigatory powers as designated by law to fulfill their duties.

Members of the Grand Council may form parliamentary groups.

1. The members of the Grand Council deliberate and vote without instructions. They must disclose their conflicts of interest, subject to professional secrecy.

2. They are free in their parliamentary expressions and can only be held accountable in legally provided cases.

3. They are entitled to the parliamentary motions and parliamentary initiative provided by law.

4. They have the special rights to information and access as designated by law with respect to the administration. The President of the Council may inspect the files of the Executive Council at any time.

1. The Executive Council has the right to submit proposals to the Grand Council.

2. It participates in the meetings of the Grand Council with an advisory vote.

3. It can be represented by its members.

1. The judicial administration leadership has the right to submit motions to the Grand Council in the matters provided for by law.

2. It participates in the meetings of the Grand Council regarding these matters with an advisory voice.

3. The law regulates the involvement of the Council of State in the preparation of matters.

The Executive Council consists of seven members.

The Bernese Jura is guaranteed a seat. Eligible for election are French-speaking voters residing in one of the three administrative districts of Courtelary, Moutier, or La Neuveville.

1. Members of the Executive Council shall be elected simultaneously with the regular general renewal of the Grand Council and for the same term of office, using the majority voting system.

2. The entire canton’s territory constitutes a single electoral district for the election.

3. Subject to the seat guaranteed to the Bernese Jura, the members elected to the Executive Council are

a. in the first ballot, those who secure the absolute majority of valid votes in order of the number of votes they receive;

b. in the second ballot, those with the highest number of votes.

4. The votes obtained by candidates from the Bernese Jura are calculated separately for the entire canton and for the Bernese Jura. What is decisive for the allocation of the seat reserved for the Bernese Jura is the highest geometric mean of the two results. For election in the first ballot, an absolute majority of the votes of the entire canton is also required.

1. The Government Council determines the objectives of state actions, subject to the responsibilities of the Grand Council. It plans and coordinates the activities of the canton.

1. The Executive Council conducts the administration. It distributes the departments among its members. Each member of the government presides over one or more departments.

2. Within the framework of the constitution and the law, it determines the appropriate organization and ensures lawful, citizen-oriented, and effective administrative activity.

3. It appoints all subordinate authorities and the cantonal staff, provided that another body is not responsible according to the constitution or law.

4. It reports to the Grand Council annually, or as often as requested by the latter, on the activity of the administration.

1. **The Governing Council Generally Directs the Preliminary Legislative Procedure.**

The Governing Council issues ordinances within the framework of the constitution and legislation.

It may regulate provisions necessary for the introduction of superior law in an ordinance in cases of urgent timing. Urgent introductory provisions must be replaced without delay by regular law.

Subject to the approval rights of the Grand Council, it may conclude inter-cantonal and international treaties. Solely within the competence of the Governing Council are inter-cantonal treaties that can be terminated on short notice and either fall within the scope of its ordinance powers or are of subordinate importance.

1. The Government Council prepares the task and financial plan and adopts the budget and the business report for submission to the Grand Council.

2. It decides on

a) new one-time expenditures up to one million Swiss francs,

b) new recurring expenditures up to 200,000 Swiss francs,

c) committed expenditures.

3. It decides on the sale of real estate as well as the purchase of real estate for investment purposes.

4. It provides the necessary financing resources.

1. The Executive Council shall further be responsible for

a) the representation of the canton internally and externally;

b) the responsibility for maintaining public order and safety;

c) the preparation of matters for the Grand Council, insofar as the latter does not wish to handle them alone;

d) the execution of legislation, decisions of the Grand Council, and final judgments;

e) the adoption of opinions to federal authorities, while being bound by the statements of the Grand Council;

f) the decision on complaints, insofar as the law provides;

g) the decision on corrections of cantonal and municipal boundaries;

h) the fulfillment of other tasks assigned to it by the constitution or legislation.

The government council may take measures without a legal basis to address disturbances to public order and safety, as well as social emergencies, that have occurred or are imminent. Regulations must be immediately approved by the Grand Council; they shall expire no later than one year after their entry into force.

1. The central administration of the canton is divided into directorates.

2. The State Chancellery serves as the staff and liaison office of the Grand Council and the Government Council.

3. An appropriate proportion of the personnel is French-speaking.

1. The administrative regions and administrative districts are the ordinary decentralized administrative units of the canton. They are designated by law.

2. The eligible voters elect a government commissioner for each administrative district.

3. The law defines the duties of the government commissioners.

4. The law determines which other regional or district authorities are elected by the eligible voters.

5. The law designates the administrative districts.

1. The law may provide that certain cantonal tasks are carried out at the regional level.

1. The canton may

a establish institutions and other entities of public and private law;

b participate in institutions of public and private law;

c delegate public tasks to private individuals and institutions outside the administration.

2. The law shall specifically regulate

a the basic principles of the organization and the tasks of institutions and entities established by the canton,

b the nature and scope of the delegation of legislative powers,

c the nature and extent of significant cantonal participations,

d the nature and extent of the delegation of a public task, provided that it involves a significant service or authorizes the restriction of fundamental rights or the imposition of levies.

3. These holders of public tasks are subject to the supervision of the government council. The law ensures adequate involvement of the Grand Council.

1. A cantonal ombudsman office can be established by law.

1. The courts and the public prosecution office are independent in the administration of justice and the prosecution of criminal offenses and are bound only by law.

1a. They manage themselves, insofar as the law does not provide otherwise.

2. Court hearings are public. Judgments must be justified in writing. The law specifies the exceptions.

3. The law regulates the organization and jurisdiction of the courts and the public prosecution office.

1. The Judicial Administration Directorate is the joint body of the Higher Court, Administrative Court, and the Public Prosecutor's Office for the self-administration of the judiciary.

2. The law regulates the composition and jurisdiction of the Judicial Administration Directorate.

3. The Judicial Administration Directorate decides on

a) new one-time expenditures up to one million Swiss francs,

b) new recurring expenditures up to 200,000 Swiss francs,

c) mandatory expenditures.

1. Civil Jurisdiction is exercised by

a **\* the Conciliation Authorities,

b **\* the Regional Courts,

c **\* the Superior Court.

2. Special judicial authorities can be established by law.

1. Criminal jurisdiction is exercised by

a) the regional courts,

b-d) ...

e) the appellate court.

1a. Special judicial authorities may be established by law.

2. Administrative penal powers may also be conferred on the administrative authorities of the canton and municipalities by law. Judicial review is reserved.

1. The administrative court adjudicates administrative legal disputes as the court of last instance, insofar as the law does not assign them to the final jurisdiction of another authority.

2. Special judicial authorities can be established by law for the adjudication of administrative legal disputes.

The Public Prosecutor's Office performs the duties assigned to it by law in the area of criminal prosecution.

The financial budget must be managed in a thrifty, economical manner, reflecting economic conditions and the principle of causation. It should be balanced in the medium term.

The canton engages in comprehensive financial planning and aligns it, as far as possible, with the financial planning of the federal government.

Before taking on a new task, it must be demonstrated how it can be financed.

All tasks must be periodically reviewed for their necessity and appropriateness, as well as for their financial impacts and sustainability.

1. The budget may only exhibit an expenditure excess if it is covered by a balance surplus.

2. An expenditure excess in the financial report must be eliminated within two years if it is not covered by a balance surplus.

3. The Grand Council may, upon approval of the budget, deviate from paragraph 1 with the consent of three-fifths of its members. Upon approval of the financial report, paragraph 2 is not applicable to the extent of the expenditure excess approved in the budget. A deficit must be eliminated within five years.

4. The Grand Council may, upon approval of the financial report, deviate from paragraph 2 to a determined extent with the consent of three-fifths of its members. A deficit must be eliminated within five years.

5. Book profits and value adjustments on financial asset holdings are not taken into account for the application of paragraphs 1 and 2.

1. The degree of self-financing of net investments must amount to at least 100 percent in the medium term.

2. A self-financing degree of net investments below 100 percent in the budget is to be compensated in the task and financial plan, insofar as it is not covered by financing surpluses from the five years preceding the budget year.

3. A financing shortfall in the annual financial statement is to be compensated within five years, insofar as it is not covered by financing surpluses from the five years preceding the financial year.

4. The Grand Council may extend the period for compensating the financing shortfall to nine years with the approval of three-fifths of its members or completely waive the compensation.

5. Paragraphs 1 to 4 apply when the net debt ratio, defined as net debt I relative to the cantonal gross domestic product, exceeds a value of six percent. The decisive factor is the ratio at the end of the preceding calendar year.

1. Any increase in the tax rate by the Grand Council that results in overall higher tax revenues for the canton requires the approval of the majority of its members.

1. The Canton acquires its resources primarily

a. through the levying of taxes and other charges,

b. from the revenue of its assets,

c. from contributions of the Confederation and third parties,

d. by obtaining loans and bonds.

1. The Canton levies

a) an income and wealth tax on natural persons,

b) a profit and capital tax on legal entities,

c) a capital gains tax.

2. It also levies an inheritance and gift tax, a motor vehicle tax, as well as additional expenditure and traffic taxes in accordance with the legislation.

In the design of taxes, the principles of generality, legal equality, and economic capacity must be observed.

Taxes on natural persons must be assessed in such a way that the economically weak are protected, the individual's willingness to perform is maintained, and self-provision is encouraged.

Taxes on legal entities must be assessed in such a way that competitiveness is preserved, social benefits are considered, and efforts to ensure full employment are taken into account.

Tax evasion and tax fraud must be effectively sanctioned.

1. Every expenditure requires a legal basis, a budgetary credit, and a spending resolution from the competent authority.

1. The financial supervision of the canton shall be ensured by independent supervisory bodies.

2. Legislation shall regulate the financial oversight of organizations and individuals that receive cantonal benefits.

1. Municipalities are public-law corporations with their own legal personality.

2. The Canton of Bern recognizes the following types of municipalities

a) the residential municipalities,

b) the civic municipalities,

c) the mixed municipalities,

d) the church municipalities.

3. Subdivisions and public-law municipal associations are fundamentally equated with municipalities. The law may subject additional corporations to municipal law.

4. Where this constitution assigns tasks to municipalities, they shall be the responsibility of the residential and mixed municipalities. They may also be performed by other municipalities, provided that cantonal law allows it.

1. The existence, territory, and assets of the municipalities are guaranteed.

2. The Government Council approves the formation, dissolution, or alteration of the territory, as well as the merger of municipalities, if the affected municipalities have consented. If the approval is denied, the Great Council shall decide.

3. The Great Council may order the merger of municipalities against their will if overriding municipal, regional, or cantonal interests require it. The affected municipalities must be heard beforehand.

4. The law regulates the details, particularly the prerequisites and procedure for ordering a merger of municipalities against their will.

5. The canton promotes the merger of municipalities.

1. The autonomy of the municipalities is guaranteed. Its extent is determined by cantonal and federal law.

2. Cantonal law grants municipalities the widest possible scope of action.

1. The canton promotes the cooperation of municipalities.

2. Municipalities may join together to form municipal associations or other organizations to fulfill common tasks. The law can obligate them to do so.

3. The law specifies what must necessarily be regulated in the association's regulations.

4. The participatory rights of the eligible voters and the authorities of the individual municipalities must be preserved.

1. The canton provides for special municipal legal entities for the binding regional cooperation of municipalities.

2. Legislation defines the responsibilities and the area of the entities and regulates the organization and procedures.

3. The formation and dissolution of an entity require the approval of the majority of the voters and the majority of the involved municipalities.

4. The eligible voters express their will in regional referenda. Eligible to vote are the persons residing in the area of the entity who are entitled to vote in cantonal matters.

1. The canton regulates the fundamental aspects of municipal organization, the financial order, and the cantonal supervision.

2. Unless otherwise provided by law, the municipalities are subject to the same liability provisions as the canton.

1. The municipalities fulfill the responsibilities assigned to them by the federal government and the canton.

2. They may undertake additional responsibilities, provided that the federal government, the canton, or other organizations are not exclusively responsible for them.

The municipal communities levy income and wealth taxes, profit and capital taxes, as well as property gains taxes based on the assessment principles of cantonal taxes. They establish the tax rate.

They may levy additional taxes, insofar as the law provides for this.

A fiscal equalization is implemented to balance the tax capacity of the municipal communities, striving for balanced conditions in tax burden. In legally specified cases, payments from the fiscal equalization can be reduced or refused.

1. The right to vote is granted to any person who is eligible to vote in cantonal matters and has resided in the municipality for at least three months.

1. The eligible voters elect the municipal council and the municipal parliament, if the organizational regulations provide for such.

2. In the appointment of authorities, consideration must be given to the representation of minorities.

1. The Organizational Regulations are subject to a mandatory public referendum. The law determines which matters must be addressed in the Organizational Regulations.

2. The law may designate additional fundamental and important matters that must be obligatorily submitted to the electorate. Municipalities with a municipal parliament may subject these matters to a facultative referendum. The number of signatures required for the referendum may not exceed five percent of the eligible voters.

**Article 1: Right to Initiative**

Ten percent of eligible voters can demand, through an initiative, the enactment, amendment, or repeal of regulations or decisions that fall within the jurisdiction of the eligible voters or the municipal parliament.

The organizational regulation may subject additional matters to the right of initiative and reduce the number of required signatures.

An initiative must be submitted to eligible voters if it addresses a matter subject to a mandatory referendum or if the competent municipal authority does not agree with it.

1. Municipalities may form sub-divisions with the approval of the government council and assign them specific permanent tasks.

2. The sub-divisions may undertake additional tasks, provided the municipalities do not fulfill these themselves.

1. The municipal communities contribute to the welfare of the public according to their means.

2. They perform their traditional duties.

1. A mixed municipality is formed by the union of the residential municipality with one or more existing civic municipalities located in the area.

2. It is subject to the same regulations as the residential municipality and performs its duties.

3. It administers the civic assets according to the designated purpose.

1. The Evangelical Reformed, Roman Catholic, and Christian Catholic Churches are the canton's recognized national churches.

2. They are public law corporations with their own legal personality.

1. The regional churches independently regulate their internal affairs within the framework of cantonal law.

2. They regulate the voting rights of their members in their own matters as well as in the matters of their church communities.

3. They have the right to preliminary consultation and to submit proposals in cantonal and inter-cantonal matters that concern them.

1. The regional churches appoint their authorities according to democratic principles.

2. They are organized into church congregations.

3. They finance their expenses through the contributions of their church congregations and through the services designated by the law of the canton.

The membership in a regional church is governed by its ecclesiastical regulations.

Withdrawal is possible at any time through a written declaration.

1. Each parish comprises the members of the respective regional church residing within its area.

2. The parishes elect their clergy.

3. They are authorized to levy a church tax.

The Israelite communities are publicly recognized under public law. The law regulates the effects.

Other religious communities can be recognized under public law. The law regulates the conditions, the procedure, and the effects.

1. The constitution may be revised in whole or in part at any time.

2. The proposal is to be deliberated twice.

3. Unless otherwise stipulated by the constitution, constitutional revisions are carried out in the legislative process.

1. A partial revision can amend one or several substantively related constitutional provisions.

1. The initiation of the total revision is decided by the people. Additionally, they decide whether a Constitutional Council or the Grand Council should prepare the revision.

2. If the total revision is to be prepared by a Constitutional Council, it must be elected without delay according to the regulations for the election of the Grand Council. The provisions concerning incompatibilities and the term of office do not apply. The Constitutional Council shall adopt its own rules of procedure.

3. Instead of a conditional motion pursuant to Article 63, the constitutional proposal may also contain alternatives that are to be voted on separately, either in advance or simultaneously.

4. If the people reject the proposal, the council entrusted with the revision shall draft a second proposal. If this too is rejected by the people, the decision to revise lapses.

1. This Constitution shall enter into force on January 1, 1995.

2. The new expenditure powers of the government council pursuant to Article 89, paragraph 2, shall apply upon the adoption of this Constitution. Matters that the government council has already referred to the Grand Council shall be handled according to previous law.

3. The general renewal elections for the government council shall be held in the year 1994 in accordance with the provisions of this Constitution.

4. For governmental prefects who simultaneously serve as court presidents, Article 68, paragraph 2 shall not apply until the issuance of the new legislative provisions regarding court organization, but no later than the end of the regular term of office on December 31, 1998.

5. Article 117 on the right of initiative in the municipalities shall only apply after the corresponding municipal regulations have been amended, but no later than January 1, 1997.

1. The State Constitution of the Canton of Bern dated June 4, 1893, the Addition to the State Constitution of the Canton of Bern concerning the Jura region dated March 1, 1970, as well as the Constitutional Basis for the Canton of Bern within its new boundaries dated December 5, 1976, are hereby repealed.

2. Provisions of the previous law that contradict this Constitution are hereby repealed.

1. Decrees issued by an authority no longer competent or through a procedure that is no longer permissible shall remain in effect provisionally. Amendments shall be governed by this Constitution.

2. The election and term of office of the President or Governor shall be governed by Article 35 of the previous Constitution until the legislative provisions are enacted.

3. Articles 49 to 62 of the previous Constitution concerning the judicial authorities shall apply until legally reorganized, but no longer than December 31, 1998.

4. Article 113 of the previous Constitution regarding the oath and vow shall remain in effect until a legislative regulation is enacted.

1. If new law is to be enacted pursuant to this constitution, it must be done without delay.

2. The Grand Council enacts a legislative program.

1. The previous law is applicable to initiatives filed before January 1, 1995, as well as to referendums directed against proposals adopted before this date.

2. Initiatives for partial amendments of the previous constitution, which are filed until the adoption of the new constitution, shall be converted by the Grand Council into proposals for partial amendments of the new constitution.

1. For the separation of the district of Laufen from the Canton of Bern, Articles 105 to 108 of the previous constitution shall apply.

2. This provision shall come into force as soon as this separation is approved in the federal popular vote.