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152.01 ORGLOCA CH-BE

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60 Articles / Provisions · Switzerland · Canton of Bern
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Table of Provisions (60)

Art. 1 Act on the Organization of the Government Council and the Administration (Organization Act, OrgA) Art. A1-1 Law on the Organization of the Government Council and the Administration (Organization Act, OrG) Art. T1-1 Law on the Organization of the Government Council and Administration (Organizational Act, OrG) Art. T1-2 Law on the Organization of the Government Council and the Administration (Organization Act, OrG) Art. 2 Law on the Organization of the Government Council and the Administration (Organizational Law, OrG) - Government Responsibilities Art. 2a Law on the Organization of the Executive Council and the Administration (Organization Act, OrG) Art. A2-1 Law on the Organization of the Government Council and the Administration (Organization Law, OrG) Art. 3 Law on the Organization of the Government Council and Administration (Organization Law, OrG) - Principle Art. 4 Law on the Organization of the Government Council and the Administration (Organization Act, OrG) - Deliberations Art. 5 Law on the Organization of the Government Council and Administration (Organization Law, OrG) Art. 6 Law on the Organization of the Government Council and the Administration (Organization Law, OrG) - Recusal Art. 7 Law on the Organization of the Executive Council and Administration (Organizational Law, OrG) Art. 8 Law on the Organization of the Government Council and Administration (Organization Act, OrG) - Representation Art. 9 Act on the Organization of the Government Council and Administration (Organization Act, OrG) - Government Committees Art. 10 Law on the Organization of the Government Council and the Administration (Organization Act, OrgA) Art. 11 Law on the Organization of the Government Council and the Administration (Organization Law, OrG) - Representation Credit Art. 12 Law on the Organization of the Government Council and the Administration (Organization Act, OrG) - Term of Office Art. 13 Law on the Organization of the Government Council and the Administration (Organization Act, OrG) - Functions Art. 14 Law on the Organization of the Government Council and Administration (Organization Act, OrG) Art. 15 Law on the Organization of the Government Council and the Administration (Organization Act, OrG) Art. 16 Law on the Organization of the Government Council and Administration (Organizational Law, OrG) Art. 17 Act on the Organization of the Government Council and Administration (Organization Act, OrG) - Secondary Employment Art. 17a Act on the Organization of the Government Council and Administration (Organization Act, OrG) Art. 18 Act on the Organization of the Government Council and Administration (Organization Act, OrG) - Privilege of Prosecution Art. 19 Law on the Organization of the Government Council and the Administration (Organization Act, OrG) Art. 20 Law on the Organization of the Government Council and Administration (Organization Law, OrG) Art. 21 Law on the Organization of the Government Council and Administration (Organizational Law, OrG) - Assignment of Duties Art. 21a Law on the Organization of the Government Council and Administration (Organization Act, OrG) Art. 22 Act on the Organization of the Government Council and Administration (Organization Act, OrG) Art. 23 Law on the Organization of the Government Council and the Administration (Organizational Law, OrG) Art. 24 Law on the Organization of the Executive Council and the Administration (Organizational Law, OrG) - Leadership Principles and Instruments Art. 25 Law on the Organization of the Government Council and Administration (Organization Act, OrG) Art. 25a Law on the Organization of the Government Council and the Administration (Organization Law, OrG) Art. 25b Law on the Organization of the Government Council and Administration (Organization Law, OrG) - State Chancellery Art. 26 Law on the Organization of the Government Council and the Administration (Organizational Law, OrG) - Secretary General Art. 35 Law on the Organization of the Government Council and Administration (Organization Act, OrG) Art. 36 Law on the Organization of the Government Council and the Administration (Organization Act, OrG) - Reports Art. 37 Act on the Organization of the Executive Council and Administration (Organizational Act, OrG) Art. 38 Law on the Organization of the Government Council and the Administration (Organization Law, OrG) Art. 39a Law on the Organization of the Government Council and the Administration (Organizational Law, OrG) Art. 39b Law on the Organization of the Government Council and Administration (Organization Act, OrG) Art. 40 Law on the Organization of the Government Council and Administration (Organization Law, OrG) Art. 40a Law on the Organization of the Government Council and Administration (Organization Act, OrG) Art. 41 Law on the Organization of the Government Council and the Administration (Organizational Law, OrG) - Consultation Procedure Art. 42 Law on the Organization of the Council of Government and Administration (Organization Act, OrG) - Safeguarding of Municipal Autonomy Art. 43 Act on the Organization of the Government Council and Administration (Organization Act, OrG) Art. 44 Law on the Organization of the Council of Government and the Administration (Organization Act, OrG) Art. 45 Law on the Organization of the Government Council and Administration (Organization Act, OrG) Art. 46 Law on the Organization of the Government Council and the Administration (Organization Act, OrG) Art. 47 Law on the Organization of the Executive Council and Administration (Organization Act, OrgA) Art. 48 Law on the Organization of the Government Council and Administration (Organization Law, OrG) Art. 48a Law on the Organization of the Government Council and Administration (Organization Act, OrG) Art. 48b Law on the Organization of the Government Council and Administration (Organization Act, OrG) Art. 48c Law on the Organization of the Government Council and Administration (Organizational Law, OrG) - Benchmarking Art. 48d Law on the Organization of the Government Council and Administration (Organization Act, OrG) Art. 50 Act on the Organization of the Government Council and the Administration (Organization Act, OrG) Art. 51 Law on the Organization of the Government Council and Administration (Organization Act, OrgA) Art. 52 Act on the Organization of the Government Council and Administration (Organization Act, OrG) Art. 53 Law on the Organization of the Government Council and the Administration (Organization Law, OrG) Art. 54 Law on the Organization of the Government Council and Administration (Organization Act, OrG)

Statutory Text (60 Articles)

Government - Government Council - General Provisions
Art. 1 Act on the Organization of the Government Council and the Administration (Organization Act, OrgA) - Task Open official source

1. The government council fulfills the tasks assigned to it by the constitution and law. It directs, plans, and coordinates the necessary state actions and ensures their execution.

2. It consists of seven members.

Regarding Article 38
Art. A1-1 Law on the Organization of the Government Council and the Administration (Organization Act, OrG) Open official source

1. The districts described in Article 38 comprise the following municipalities

1. German-speaking district of Aarberg with the capital Aarberg

a) Municipality of Aarberg, Municipality of Bargen (BE), Municipality of Grossaffoltern, Municipality of Kallnach, Municipality of Kappelen, Municipality of Lyss, Municipality of Meikirch, Municipality of Radelfingen, Municipality of Rapperswil (BE), Municipality of Schüpfen, Municipality of Seedorf (BE).

2. German-speaking district of Aarwangen with the capital Aarwangen

a) Municipality of Aarwangen, Municipality of Auswil, Municipality of Bannwil, Municipality of Bleienbach, Municipality of Busswil bei Melchnau, Municipality of Gondiswil, Municipality of Langenthal, Municipality of Lotzwil, Municipality of Madiswil, Municipality of Melchnau, Municipality of Oeschenbach, Municipality of Reisiswil, Municipality of Roggwil (BE), Municipality of Rohrbach, Municipality of Rohrbachgraben, Municipality of Rütschelen, Municipality of Schwarzhäusern, Municipality of Thunstetten, Municipality of Ursenbach, Municipality of Wynau.

3. German-speaking district of Bern with the capital Bern

a) Municipality of Bern, Municipality of Bolligen, Municipality of Bremgarten bei Bern, Municipality of Ittigen, Municipality of Kirchlindach, Municipality of Köniz, Municipality of Muri bei Bern, Municipality of Oberbalm, Municipality of Ostermundigen, Municipality of Stettlen, Municipality of Vechigen, Municipality of Wohlen bei Bern, Municipality of Zollikofen.

4. Bilingual district of Biel with the capital Biel/Bienne

a) Municipality of Biel/Bienne, Municipality of Leubringen.

5. German-speaking district of Büren with the capital Büren

a) Municipality of Arch, Municipality of Büetigen, Municipality of Büren an der Aare, Municipality of Diessbach bei Büren, Municipality of Dotzigen, Municipality of Lengnau (BE), Municipality of Leuzigen, Municipality of Meienried, Municipality of Meinisberg, Municipality of Oberwil bei Büren, Municipality of Pieterlen, Municipality of Rüti bei Büren, Municipality of Wengi.

6. German-speaking district of Burgdorf with the capital Burgdorf

a) Municipality of Aefligen, Municipality of Alchenstorf, Municipality of Bäriswil, Municipality of Burgdorf, Municipality of Ersigen, Municipality of Hasle bei Burgdorf, Municipality of Heimiswil, Municipality of Hellsau, Municipality of Hindelbank, Municipality of Höchstetten, Municipality of Kernenried, Municipality of Kirchberg (BE), Municipality of Koppigen, Municipality of Krauchthal, Municipality of Lyssach, Municipality of Oberburg, Municipality of Rüdtligen-Alchenflüh, Municipality of Rumendingen, Municipality of Rüti bei Lyssach, Municipality of Willadingen, Municipality of Wynigen.

7. French-speaking district of Courtelary with the capital Courtelary

a) Municipality of Corgémont, Municipality of Cormoret, Municipality of Cortébert, Municipality of Courtelary, Municipality of La Ferrière, Municipality of Mont-Tramelan, Municipality of Orvin, Municipality of Péry-La Heutte, Municipality of Renan (BE), Municipality of Romont (BE), Municipality of Saint-Imier, Municipality of Sauge, Municipality of Sonceboz-Sombeval, Municipality of Sonvilier, Municipality of Tramelan, Municipality of Villeret.

8. German-speaking district of Erlach with the capital Erlach

a) Municipality of Brüttelen, Municipality of Erlach, Municipality of Finsterhennen, Municipality of Gals, Municipality of Gampelen, Municipality of Ins, Municipality of Lüscherz, Municipality of Müntschemier, Municipality of Siselen, Mixed Municipality of Treiten, Municipality of Tschugg, Mixed Municipality of Vinelz.

9. German-speaking district of Fraubrunnen with the capital Fraubrunnen

a) Municipality of Bätterkinden, Municipality of Deisswil bei Münchenbuchsee, Municipality of Fraubrunnen, Municipality of Jegenstorf, Municipality of Iffwil, Municipality of Mattstetten, Municipality of Moosseedorf, Municipality of Münchenbuchsee, Municipality of Urtenen-Schönbühl, Municipality of Utzenstorf, Municipality of Wiggiswil, Municipality of Wiler bei Utzenstorf, Municipality of Zielebach, Municipality of Zuzwil (BE).

10. German-speaking district of Frutigen with the capital Frutigen

a) Municipality of Adelboden, Mixed Municipality of Aeschi bei Spiez, Municipality of Frutigen, Municipality of Kandergrund, Municipality of Kandersteg, Municipality of Krattigen, Municipality of Reichenbach im Kandertal.

11. German-speaking district of Interlaken with the capital Interlaken

a) Municipality of Beatenberg, Municipality of Bönigen, Municipality of Brienz (BE), Mixed Municipality of Brienzwiler, Municipality of Därligen, Municipality of Grindelwald, Municipality of Gsteigwiler, Municipality of Gündlischwand, Municipality of Habkern, Municipality of Hofstetten bei Brienz, Municipality of Interlaken, Mixed Municipality of Iseltwald, Municipality of Lauterbrunnen, Municipality of Leissigen, Mixed Municipality of Lütschental, Municipality of Matten bei Interlaken, Municipality of Niederried bei Interlaken, Mixed Municipality of Oberried am Brienzersee, Municipality of Ringgenberg (BE), Municipality of Saxeten, Municipality of Schwanden bei Brienz, Municipality of Unterseen, Municipality of Wilderswil.

b) This includes the area of Lake Brienz between the borders of the surrounding municipalities.

12. German-speaking district of Konolfingen with the capital Schlosswil (dissolved as of 1.1.2018 due to merger with Grosshöchstetten)

a) Municipality of Allmendingen, Municipality of Arni (BE), Municipality of Biglen, Municipality of Bowil, Municipality of Brenzikofen, Municipality of Freimettigen, Municipality of Grosshöchstetten, Municipality of Häutligen, Municipality of Herbligen, Municipality of Kiesen, Municipality of Konolfingen, Municipality of Landiswil, Municipality of Linden, Municipality of Mirchel, Municipality of Münsingen, Municipality of Niederhünigen, Municipality of Oberdiessbach, Municipality of Oberhünigen, Municipality of Oberthal, Municipality of Oppligen, Municipality of Rubigen, Municipality of Walkringen, Municipality of Wichtrach, Municipality of Worb, Municipality of Zäziwil.

13. German-speaking district of Laupen with the capital Laupen

a) Municipality of Ferenbalm, Municipality of Frauenkappelen, Municipality of Gurbrü, Municipality of Kriechenwil, Municipality of Laupen, Municipality of Mühleberg, Municipality of Münchenwiler, Municipality of Neuenegg, Municipality of Wileroltigen.

14. French-speaking district of Moutier with the capital Moutier

a) Mixed Municipality of Belprahon, Mixed Municipality of Champoz, Mixed Municipality of Corcelles (BE), Municipality of Court, Mixed Municipality of Crémines, Mixed Municipality of Eschert, Municipality of Grandval, Mixed Municipality of Loveresse, Municipality of Moutier, Municipality of Perrefitte, Municipality of Petit-Val, Municipality of Rebévelier, Municipality of Reconvilier, Mixed Municipality of Roches (BE), Municipality of Saicourt, Mixed Municipality of Saules (BE), Municipality of Schelten, Municipality of Seehof, Municipality of Sorvilier, Municipality of Tavannes, Mixed Municipality of Valbirse.

15. French-speaking district of La Neuveville with the capital La Neuveville

a) Municipality of La Neuveville, Mixed Municipality of Nods, Mixed Municipality of Plateau de Diesse.

16. German-speaking district of Nidau with the capital Nidau

a) Municipality of Aegerten, Municipality of Bellmund, Municipality of Brügg, Municipality of Bühl, Municipality of Epsach, Municipality of Hagneck, Municipality of Hermrigen, Municipality of Jens, Municipality of Ipsach, Municipality of Ligerz, Municipality of Merzligen, Municipality of Mörigen, Municipality of Nidau, Municipality of Orpund, Municipality of Port, Municipality of Safnern, Municipality of Scheuren, Municipality of Schwadernau, Municipality of Studen, Municipality of Sutz-Lattrigen, Municipality of Täuffelen, Municipality of Twann-Tüscherz, Municipality of Walperswil, Municipality of Worben.

b) This includes the area of Lake Biel between the cantonal border Bern-Neuchâtel and the district border Biel-Nidau.

17. German-speaking district of Niedersimmental with the capital Wimmis

a) Municipality of Därstetten, Mixed Municipality of Diemtigen, Municipality of Erlenbach im Simmental, Municipality of Oberwil im Simmental, Municipality of Reutigen, Municipality of Spiez, Municipality of Wimmis.

18. German-speaking district of Oberhasli with the capital Meiringen

a) Municipality of Guttannen, Municipality of Hasliberg, Municipality of Innertkirchen, Municipality of Meiringen, Mixed Municipality of Schattenhalb.

19. German-speaking district of Obersimmental with the capital Blankenburg

a) Municipality of Boltigen, Municipality of Lenk, Municipality of St. Stephan, Municipality of Zweisimmen.

20. German-speaking district of Saanen with the capital Saanen

a) Municipality of Gsteig, Municipality of Lauenen, Municipality of Saanen.

21. German-speaking district of Schwarzenburg with the capital Schwarzenburg

a) Municipality of Guggisberg, Mixed Municipality of Rüschegg, Municipality of Schwarzenburg.

22. German-speaking district of Seftigen with the capital Belp

a) Municipality of Belp, Municipality of Burgistein, Municipality of Gerzensee, Municipality of Gurzelen, Municipality of Jaberg, Municipality of Kaufdorf, Municipality of Kehrsatz, Municipality of Kirchdorf (BE), Municipality of Niedermuhlern, Municipality of Riggisberg, Municipality of Rüeggisberg, Municipality of Seftigen, Municipality of Thurnen, Municipality of Toffen, Municipality of Uttigen, Municipality of Wald (BE), Municipality of Wattenwil.

23. German-speaking district of Signau with the capital Langnau

a) Municipality of Eggiwil, Municipality of Langnau im Emmental, Municipality of Lauperswil, Municipality of Röthenbach im Emmental, Municipality of Rüderswil, Municipality of Schangnau, Municipality of Signau, Municipality of Trub, Municipality of Trubschachen.

24. German-speaking district of Thun with the capital Thun

a) Municipality of Amsoldingen, Municipality of Blumenstein, Municipality of Buchholterberg, Municipality of Eriz, Municipality of Fahrni, Municipality of Forst-Längenbühl, Municipality of Heiligenschwendi, Municipality of Heimberg, Municipality of Hilterfingen, Municipality of Homberg, Municipality of Horrenbach-Buchen, Municipality of Oberhofen am Thunersee, Municipality of Oberlangenegg, Municipality of Pohlern, Municipality of Sigriswil, Municipality of Steffisburg, Municipality of Stocken-Höfen, Municipality of Teuffenthal (BE), Municipality of Thierachern, Municipality of Thun, Municipality of Uebeschi, Municipality of Uetendorf, Municipality of Unterlangenegg, Municipality of Wachseldorn.

b) This includes the area of Lake Thun between the borders of the surrounding municipalities.

25. German-speaking district of Trachselwald with the capital Trachselwald

a) Municipality of Affoltern im Emmental, Municipality of Dürrenroth, Municipality of Eriswil, Municipality of Huttwil, Municipality of Lützelflüh, Municipality of Rüegsau, Municipality of Sumiswald, Municipality of Trachselwald, Municipality of Walterswil (BE), Municipality of Wyssachen.

26. German-speaking district of Wangen with the capital Wangen

a) Municipality of Attiswil, Municipality of Berken, Municipality of Bettenhausen, Municipality of Farnern, Municipality of Graben, Municipality of Heimenhausen, Municipality of Herzogenbuchsee, Municipality of Inkwil, Municipality of Niederbipp, Municipality of Niederönz, Municipality of Oberbipp, Municipality of Ochlenberg, Municipality of Rumisberg, Municipality of Seeberg, Municipality of Thörigen, Municipality of Walliswil bei Niederbipp, Municipality of Walliswil bei Wangen, Municipality of Wangen an der Aare, Municipality of Wiedlisbach.

Transitional Provisions of the Amendment of 06/05/2019
Art. T1-1 Law on the Organization of the Government Council and Administration (Organizational Act, OrG) - Priority in Task Allocations and Designations Open official source

1. Assignment of responsibilities to the directorates, the state chancery, the offices, and the equivalent organizational units, as well as the designations of these organizational units according to the implementing provisions of this amendment, shall take precedence over any differing assignments of responsibilities and designations under other decrees in force at the time of this amendment's entry into effect.

Transitional Provisions of the Amendment of 06/05/2019
Art. T1-2 Law on the Organization of the Government Council and the Administration (Organization Act, OrG) - Legal Harmonization Open official source

1. The Executive Council is authorized to make formal and editorial adjustments in laws, decrees, and Grand Council resolutions by ordinance within two years from the entry into force of this amendment.

Government - Government Council - General Provisions
Art. 2 Law on the Organization of the Government Council and the Administration (Organizational Law, OrG) - Government Responsibilities Open official source

1. The Government Council manages its duties by particularly

a. monitoring, assessing, and timely implementing appropriate measures for developments significant to the canton,

b. addressing long-term and fundamental issues,

c. establishing clear objectives and strategies for its government policy, aligning them with the available resources, and ensuring their effective and timely implementation,

d. planning and coordinating the essential activities of the canton,

e. periodically reviewing the tasks of the canton,

f. exercising continuous and systematic supervision over the cantonal administration.

2. The government duties take precedence over all other functions of a member of the Government Council.

Government - Government Council - General Provisions
Art. 2a Law on the Organization of the Executive Council and the Administration (Organization Act, OrG) - Guidelines on Government Policy Open official source

1. The Government Council sets out the objectives and strategies of its policy at the beginning of each legislative period in the Guidelines of Government Policy. These provide particular information on

a. the fundamental intentions and considerations that guide the Government Council as a collective authority during the legislative period,

b. essential new tasks of the canton and the resources needed for these,

c. the planned measures for the implementation of the intentions and considerations,

d. the urgency order by which the Government Council intends to present important proposals to the Grand Council,

e. the development of cantonal finances,

f. the visions beyond the legislative period.

2. The Guidelines of Government Policy are coordinated with the task and financial plan, the cantonal structural plan, and the essential sectoral plans.

to Article 39a
Art. A2-1 Law on the Organization of the Government Council and the Administration (Organization Law, OrG) Open official source

1. Administrative Regions and Administrative Districts as Described in Article 39a Comprise the Following Municipalities

1. French-speaking Administrative Region Berner Jura and French-speaking Administrative District Berner Jura

a) Mixed Municipality of Belprahon, Mixed Municipality of Champoz, Mixed Municipality of Corcelles (BE), Municipality of Corgémont, Municipality of Cormoret, Municipality of Cortébert, Municipality of Court, Municipality of Courtelary, Mixed Municipality of Crémines, Mixed Municipality of Eschert, Municipality of Grandval, Municipality of La Ferrière, Municipality of La Neuveville, Mixed Municipality of Loveresse, Municipality of Mont-Tramelan, Municipality of Moutier, Municipality of Orvin, Mixed Municipality of Nods, Municipality of Perrefitte, Municipality of Péry-La Heutte, Municipality of Petit-Val, Mixed Municipality of Plateau de Diesse, Municipality of Rebévelier, Municipality of Reconvilier, Municipality of Renan (BE), Mixed Municipality of Roches (BE), Municipality of Romont (BE), Municipality of Saicourt, Municipality of Saint-Imier, Municipality of Sauge, Mixed Municipality of Saules (BE), Municipality of Schelten, Municipality of Seehof, Municipality of Sonceboz-Sombeval, Municipality of Sonvilier, Municipality of Sorvilier, Municipality of Tavannes, Municipality of Tramelan, Mixed Municipality of Valbirse, Municipality of Villeret.

2. Bilingual Administrative Region Seeland

a) Administrative District Biel/Bienne: Municipality of Aegerten, Municipality of Bellmund, Municipality of Biel/Bienne, Municipality of Brügg, Municipality of Ipsach, Municipality of Lengnau (BE), Municipality of Leubringen, Municipality of Ligerz, Municipality of Meinisberg, Municipality of Mörigen, Municipality of Nidau, Municipality of Orpund, Municipality of Pieterlen, Municipality of Port, Municipality of Safnern, Municipality of Scheuren, Municipality of Schwadernau, Municipality of Sutz-Lattrigen, Municipality of Twann-Tüscherz. This includes the area of the Bielersee up to the Canton border of Bern-Neuchâtel.

b) Administrative District Seeland: Municipality of Aarberg, Municipality of Arch, Municipality of Bargen (BE), Municipality of Brüttelen, Municipality of Büetigen, Municipality of Bühl, Municipality of Büren an der Aare, Municipality of Diessbach bei Büren, Municipality of Dotzigen, Municipality of Epsach, Municipality of Erlach, Municipality of Finsterhennen, Municipality of Gals, Municipality of Gampelen, Municipality of Grossaffoltern, Municipality of Hagneck, Municipality of Hermrigen, Municipality of Jens, Municipality of Ins, Municipality of Kallnach, Municipality of Kappelen, Municipality of Leuzigen, Municipality of Lüscherz, Municipality of Lyss, Municipality of Meienried, Municipality of Merzligen, Municipality of Müntschemier, Municipality of Oberwil bei Büren, Municipality of Radelfingen, Municipality of Rapperswil (BE), Municipality of Rüti bei Büren, Municipality of Schüpfen, Municipality of Seedorf (BE), Municipality of Siselen, Municipality of Studen, Municipality of Täuffelen, Mixed Municipality of Treiten, Municipality of Tschugg, Mixed Municipality of Vinelz, Municipality of Walperswil, Municipality of Wengi, Municipality of Worben.

3. German-speaking Administrative Region Emmental-Oberaargau

a) Administrative District Oberaargau: Municipality of Aarwangen, Municipality of Attiswil, Municipality of Auswil, Municipality of Bannwil, Municipality of Berken, Municipality of Bettenhausen, Municipality of Bleienbach, Municipality of Busswil bei Melchnau, Municipality of Eriswil, Municipality of Farnern, Municipality of Gondiswil, Municipality of Graben, Municipality of Heimenhausen, Municipality of Herzogenbuchsee, Municipality of Huttwil, Municipality of Inkwil, Municipality of Langenthal, Municipality of Lotzwil, Municipality of Madiswil, Municipality of Melchnau, Municipality of Niederbipp, Municipality of Niederönz, Municipality of Oberbipp, Municipality of Ochlenberg, Municipality of Oeschenbach, Municipality of Reisiswil, Municipality of Roggwil (BE), Municipality of Rohrbach, Municipality of Rohrbachgraben, Municipality of Rumisberg, Municipality of Rütschelen, Municipality of Schwarzhäusern, Municipality of Seeberg, Municipality of Thörigen, Municipality of Thunstetten, Municipality of Ursenbach, Municipality of Walliswil bei Niederbipp, Municipality of Walliswil bei Wangen, Municipality of Walterswil (BE), Municipality of Wangen an der Aare, Municipality of Wiedlisbach, Municipality of Wynau, Municipality of Wyssachen.

b) Administrative District Emmental: Municipality of Aefligen, Municipality of Affoltern im Emmental, Municipality of Alchenstorf, Municipality of Bätterkinden, Municipality of Burgdorf, Municipality of Dürrenroth, Municipality of Eggiwil, Municipality of Ersigen, Municipality of Hasle bei Burgdorf, Municipality of Heimiswil, Municipality of Hellsau, Municipality of Hindelbank, Municipality of Höchstetten, Municipality of Kernenried, Municipality of Kirchberg (BE), Municipality of Koppigen, Municipality of Krauchthal, Municipality of Langnau im Emmental, Municipality of Lauperswil, Municipality of Lützelflüh, Municipality of Lyssach, Municipality of Oberburg, Municipality of Röthenbach im Emmental, Municipality of Rüderswil, Municipality of Rüdtligen-Alchenflüh, Municipality of Rüegsau, Municipality of Rumendingen, Municipality of Rüti bei Lyssach, Municipality of Schangnau, Municipality of Signau, Municipality of Sumiswald, Municipality of Trachselwald, Municipality of Trub, Municipality of Trubschachen, Municipality of Utzenstorf, Municipality of Wiler bei Utzenstorf, Municipality of Willadingen, Municipality of Wynigen, Municipality of Zielebach.

4. German-speaking Administrative Region Bern-Mittelland

a) Administrative District Bern-Mittelland: Municipality of Allmendingen, Municipality of Arni, Municipality of Bäriswil, Municipality of Belp, Municipality of Bern, Municipality of Biglen, Municipality of Bolligen, Municipality of Bowil, Municipality of Bremgarten bei Bern, Municipality of Brenzikofen, Municipality of Deisswil bei Münchenbuchsee, Municipality of Fraubrunnen, Municipality of Ferenbalm, Municipality of Frauenkappelen, Municipality of Freimettigen, Municipality of Gerzensee, Municipality of Grosshöchstetten, Municipality of Guggisberg, Municipality of Gurbrü, Municipality of Häutligen, Municipality of Herbligen, Municipality of Iffwil, Municipality of Ittigen, Municipality of Jaberg, Municipality of Jegenstorf, Municipality of Kaufdorf, Municipality of Kehrsatz, Municipality of Kiesen, Municipality of Kirchdorf (BE), Municipality of Kirchlindach, Municipality of Konolfingen, Municipality of Köniz, Municipality of Kriechenwil, Municipality of Landiswil, Municipality of Laupen, Municipality of Linden, Municipality of Mattstetten, Municipality of Meikirch, Municipality of Mirchel, Municipality of Moosseedorf, Municipality of Mühleberg, Municipality of Münchenbuchsee, Municipality of Münchenwiler, Municipality of Münsingen, Municipality of Muri bei Bern, Municipality of Neuenegg, Municipality of Niederhünigen, Municipality of Niedermuhlern, Municipality of Oberbalm, Municipality of Oberdiessbach, Municipality of Oberhünigen, Municipality of Oberthal, Municipality of Oppligen, Municipality of Ostermundigen, Municipality of Riggisberg, Municipality of Rubigen, Municipality of Rüeggisberg, Municipality of Rüschegg, Municipality of Stettlen, Municipality of Thurnen, Municipality of Toffen, Municipality of Urtenen-Schönbühl, Municipality of Vechigen, Municipality of Schwarzenburg, Municipality of Wald (BE), Municipality of Walkringen, Municipality of Wichtrach, Municipality of Wiggiswil, Municipality of Wileroltigen, Municipality of Wohlen bei Bern, Municipality of Worb, Municipality of Zäziwil, Municipality of Zollikofen, Municipality of Zuzwil (BE).

5. German-speaking Administrative Region Oberland

a) Administrative District Thun: Municipality of Amsoldingen, Municipality of Blumenstein, Municipality of Buchholterberg, Municipality of Burgistein, Municipality of Eriz, Municipality of Fahrni, Municipality of Forst-Längenbühl, [Version from August 5, 2008] Municipality of Gurzelen, Municipality of Heiligenschwendi, Municipality of Heimberg, Municipality of Hilterfingen, Municipality of Homberg, Municipality of Horrenbach-Buchen, Municipality of Oberhofen am Thunersee, Municipality of Oberlangenegg, Municipality of Pohlern, Municipality of Reutigen, Municipality of Seftigen, Municipality of Sigriswil, Municipality of Steffisburg, Municipality of Stocken-Höfen, Municipality of Teuffenthal (BE), Municipality of Thierachern, Municipality of Thun, Municipality of Uebeschi, Municipality of Uetendorf, Municipality of Unterlangenegg, Municipality of Uttigen, Municipality of Wachseldorn, Municipality of Wattenwil. This includes the area of the Thunersee between the borders of the adjoining municipalities.

b) Administrative District Obersimmental-Saanen: Municipality of Boltigen, Municipality of Gsteig, Municipality of Lauenen, Municipality of Lenk, Municipality of Saanen, Municipality of St. Stephan, Municipality of Zweisimmen.

c) Administrative District Frutigen-Niedersimmental: Municipality of Adelboden, Mixed Municipality of Aeschi bei Spiez, Municipality of Därstetten, Mixed Municipality of Diemtigen, Municipality of Erlenbach im Simmental, Municipality of Frutigen, Municipality of Kandergrund, Municipality of Kandersteg, Municipality of Krattigen, Municipality of Oberwil im Simmental, Municipality of Reichenbach im Kandertal, Municipality of Spiez, Municipality of Wimmis.

d) Administrative District Interlaken-Oberhasli: Municipality of Beatenberg, Municipality of Bönigen, Municipality of Brienz (BE), Mixed Municipality of Brienzwiler, Municipality of Därligen, Municipality of Grindelwald, Municipality of Gsteigwiler, Municipality of Gündlischwand, Municipality of Guttannen, Municipality of Habkern, Municipality of Hasliberg, Municipality of Hofstetten bei Brienz, Municipality of Interlaken, Municipality of Innertkirchen, Mixed Municipality of Iseltwald, Municipality of Lauterbrunnen, Municipality of Leissigen, Mixed Municipality of Lütschental, Municipality of Matten bei Interlaken, Municipality of Meiringen, Municipality of Niederried bei Interlaken, Mixed Municipality of Oberried am Brienzersee, Municipality of Ringgenberg (BE), Municipality of Saxeten, Mixed Municipality of Schattenhalb, Municipality of Schwanden bei Brienz, Municipality of Unterseen, Municipality of Wilderswil. This includes the area of the Brienzersee between the borders of the adjoining municipalities.

1. Government - Council of Ministers - Organization and Procedure
Art. 3 Law on the Organization of the Government Council and Administration (Organization Law, OrG) - Principle Open official source

1. The Executive Council makes fundamental and important decisions in a collegiate manner.

1. Government - Council of Ministers - Organization and Procedure
Art. 4 Law on the Organization of the Government Council and the Administration (Organization Act, OrG) - Deliberations Open official source

1. The Governing Council convenes as often as the business requires.

2. It conducts special discussions and retreat sessions on matters of far-reaching significance.

3. Any member of the Governing Council may request the convening of a meeting at any time.

4. If circumstances require, the Governing Council may conduct business through telephone or video conferences or by other means such as in writing through a circular procedure.

1. Government - Council of Ministers - Organization and Procedure
Art. 5 Law on the Organization of the Government Council and Administration (Organization Law, OrG) - Decision Making Open official source

1. For a valid deliberation, at least four members of the government council must be present.

2. The government council shall decide by majority vote. A resolution, to be valid, must gather at least the votes of three members. Abstention from voting is not permitted.

3. The president of the government also votes. In the event of a tie, their vote counts twice.

4. ...

1. Government - Council of Ministers - Organization and Procedure
Art. 6 Law on the Organization of the Government Council and the Administration (Organization Law, OrG) - Recusal Open official source

1. The provisions of the Personnel Act and the Administrative Procedure Act regarding recusal apply mutatis mutandis to members of the Executive Council.

2. Participation in the body of a legal entity by virtue of office does not constitute grounds for recusal.

1. Government - Council of Ministers - Organization and Procedure
Art. 7 Law on the Organization of the Executive Council and Administration (Organizational Law, OrG) - Information Open official source

1. The Executive Council informs and communicates in accordance with the principles of the Cantonal Constitution as well as the Law of November 2, 1993, on Information and Media Promotion (IMG).

2. The deliberations of the Executive Council are not public.

1. Government - Council of Ministers - Organization and Procedure
Art. 8 Law on the Organization of the Government Council and Administration (Organization Act, OrG) - Representation Open official source

1. The members of the government council represent each other.

1. Government - Council of Ministers - Organization and Procedure
Art. 9 Act on the Organization of the Government Council and Administration (Organization Act, OrG) - Government Committees Open official source

1. The governing council may establish committees from among its members for specific areas of responsibility. These typically consist of three members.

Government - Government Council - Organization and Procedure
Art. 10 Law on the Organization of the Government Council and the Administration (Organization Act, OrgA) - Delegates Open official source

The Executive Council may appoint delegates for specific, temporary tasks.

1. Government - Council of Ministers - Organization and Procedure
Art. 11 Law on the Organization of the Government Council and the Administration (Organization Law, OrG) - Representation Credit Open official source

1. The Executive Council has a representation budget. Its amount is determined annually in the budget plan.

Government - Government Council - President of the Government
Art. 12 Law on the Organization of the Government Council and the Administration (Organization Act, OrG) - Term of Office Open official source

1. The President of the Government is elected by the Grand Council for a one-year term of office. An immediate re-election is not permitted.

Government - Government Council - President of the Government
Art. 13 Law on the Organization of the Government Council and the Administration (Organization Act, OrG) - Functions Open official source

1. The President of the Government

a) directs the Executive Council,

b) ensures that its tasks are undertaken and completed in a timely, appropriate, and coordinated manner,

c) prepares the deliberations of the Executive Council.

2. He or she may at any time order investigations into specific matters and propose suitable measures to the Executive Council.

Government - Government Council - President of the Government
Art. 14 Law on the Organization of the Government Council and Administration (Organization Act, OrG) - Representation Open official source

1. The Vice President assists and relieves the President of the Government in all functions and assumes the deputy role in case of absence.

2. The election is conducted according to the regulations for the election of the President of the Government.

3. The new President of the Government may, with the consent of the entire authority, authorize the outgoing President to continue a matter that was initiated during the previous term of office.

Government - Government Council - President of the Government Council
Art. 15 Law on the Organization of the Government Council and the Administration (Organization Act, OrG) - Presidential Decisions Open official source

1. In cases of particular urgency, the President of the Government orders provisional measures. If it is not possible for the Council of Ministers to convene, he or she shall decide in its place.

2. Furthermore, the President of the Government may exceptionally decide on behalf of the Council of Ministers if the manner of resolution cannot be in doubt.

3. Presidential decisions pursuant to paragraphs 1 and 2 must be submitted to the Council of Ministers for retroactive acknowledgment without delay.

4. The Council of Ministers may delegate formal matters conclusively to the President of the Government.

**Government - Government Council - Members of the Government Council**
Art. 16 Law on the Organization of the Government Council and Administration (Organizational Law, OrG) - Oath or Affirmation Open official source

1. Members of the Council of Government must take the oath or make a solemn promise before the Grand Council following their initial election or re-election.

2. ...

**Government - Government Council - Members of the Government Council**
Art. 17 Act on the Organization of the Government Council and Administration (Organization Act, OrG) - Secondary Employment Open official source

1. Members of the Executive Council may neither hold another office in the canton or a municipality nor practice another profession or trade, subject to the following provisions.

2. They may, with the approval of the Executive Council, belong to the administration bodies of economic or charitable enterprises and organizations if it is necessary in the interest of the canton. The Executive Council reports on these activities in the annual business report.

3. In the last six months before leaving office, members of the Executive Council may, with the approval of the Executive Council, engage in another secondary occupation, provided there are no overriding public interests that oppose this. The approved secondary occupations are communicated to the Audit Commission, published in the official gazette, and disclosed in the business report.

4. All compensations from such activities are attributed to the canton.

5. The decision of the Executive Council concerning approval is final at the cantonal level.

**Government - Executive Council - Members of the Executive Council**
Art. 17a Act on the Organization of the Government Council and Administration (Organization Act, OrG) - Election to the Federal Assembly Open official source

1. Members of the Government Council who are elected to the Federal Assembly shall relinquish their governmental office no later than six months after assuming their parliamentary mandate.

**Government - Government Council - Members of the Government Council**
Art. 18 Act on the Organization of the Government Council and Administration (Organization Act, OrG) - Privilege of Prosecution Open official source

The criminal prosecution of a member of the government council for crimes or offenses committed in office requires authorization from the Grand Council.

**Government - State Secretary**
Art. 19 Law on the Organization of the Government Council and the Administration (Organization Act, OrG) Open official source

1. The State Secretary

a) serves as the Chief of Staff for the Executive Council;

b) assists the President of the Executive Council and the Executive Council in fulfilling their duties;

c) ensures liaison with the Grand Council;

d) supports the presidiums of the Grand Council and the Executive Council in the mutual coordination of duties;

e) fulfills staff roles for the Grand Council in accordance with the Grand Council Act.

Administration - General
Art. 20 Law on the Organization of the Government Council and Administration (Organization Law, OrG) - Organization Open official source

1. The cantonal administration consists of the central administration and the decentralized cantonal administration.

2. The cantonal administration also includes regional administrative units as stipulated by law.

3. The fulfillment of cantonal tasks may, in accordance with the constitution, be delegated to private individuals and institutions outside of the administration.

4. The government council ensures an appropriate administrative organization within the framework of the constitution, law, and decree. It adapts it to changing conditions.

Administration - General
Art. 21 Law on the Organization of the Government Council and Administration (Organizational Law, OrG) - Assignment of Duties Open official source

1. The Grand Council regulates the core tasks of the departments and the State Chancellery in a decree and establishes the designations of the departments therein.

1a

In assigning areas of responsibility and tasks to the departments, it particularly considers the following criteria

a the coherence of duties,

b the efficiency of management,

c the substantive and political balance among the departments.

1b

Within the framework of the decree pursuant to paragraph 1, the Council of State determines the tasks of the State Chancellery, the departments, as well as the offices and organizational units of equal standing.

2. It may delegate the allocation of individual tasks within the offices and the organizational units of equal standing to the competent member of the Council of State (Director).

Administration - General
Art. 21a Law on the Organization of the Government Council and Administration (Organization Act, OrG) - Conclusion of Program Agreements with the Federal Government Open official source

1. The government council is responsible for entering into program agreements with the federal government.

2. Before concluding a program agreement, the government council shall consult the municipalities or their interest groups if municipal interests are affected.

Administration - General Provisions
Art. 22 Act on the Organization of the Government Council and Administration (Organization Act, OrG) - Performance Agreements Open official source

1. The directorates and the state chancellery manage the offices and equivalent organizational units under their supervision primarily through performance agreements, which in particular define the products and determine the balance of the products.

2. The government council regulates the content and periodicity of the performance agreement by ordinance.

Administration - General Provisions
Art. 23 Law on the Organization of the Government Council and the Administration (Organizational Law, OrG) - Leadership Open official source

**The Governing Council is Responsible for the Administration**

The Governing Council is responsible for the leadership of the administration. It ensures a lawful, citizen-oriented, and effective administrative activity.

Each member of the Governing Council leads a directorate under their political responsibility.

The State Secretary manages the State Chancellery as the staff and liaison office for the Grand Council and the Governing Council. They represent the affairs of the State Chancellery before the Grand Council.

Administration - General
Art. 24 Law on the Organization of the Executive Council and the Administration (Organizational Law, OrG) - Leadership Principles and Instruments Open official source

1. The Government Council adheres to the principles of

a) Management orientation,

b) Performance orientation,

c) Result orientation,

d) Cost and revenue orientation.

2. The Government Council and its members

a) create and maintain modern management and organizational tools,

b) establish the guidelines for their leadership, set objectives for the administration, and prioritize tasks,

c) evaluate the administrative activities and periodically review the set objectives,

d) ensure appropriate delegation of tasks, authority, and responsibility,

e) ensure the avoidance of unnecessary administrative effort.

3. ...

Administration - Central Administration - General Provisions
Art. 25 Law on the Organization of the Government Council and Administration (Organization Act, OrG) - Structure and Designation Open official source

1. The central administration consists of seven directorates and the state chancellery.

2. The directorates and the state chancellery are divided into offices and organizational units of equal standing.

2a. The government council designates the offices and the organizational units of equal standing by means of a decree.

3-4

...

Administration - Central Administration - General Provisions
Art. 25a Law on the Organization of the Government Council and the Administration (Organization Law, OrG) - Departments Open official source

1. Each directorate has a general secretariat.

2. The government council may delegate the detailed organization of the offices and equivalent organizational units to the responsible member of the government council (director).

Administration - Central Administration - General Provisions
Art. 25b Law on the Organization of the Government Council and Administration (Organization Law, OrG) - State Chancellery Open official source

1. Within the cantonal administration, the State Chancellery holds the same status as a Directorate.

Administration - Central Administration - General Provisions
Art. 26 Law on the Organization of the Government Council and the Administration (Organizational Law, OrG) - Secretary General Open official source

1. The Secretary General acts as Chief of Staff in the management of the Directorate.

2. The Director may, with the consent of the commissions of the Grand Council, be represented by the Secretary General or another directly subordinate person.

Administration - Planning, Coordination, and External Expertise
Art. 35 Law on the Organization of the Government Council and Administration (Organization Act, OrG) - Principles Open official source

1. The government council ensures early and effective coordination of activities among the departments and the state chancellery.

2. It may establish special coordination offices, conferences, working groups, and project organizations for the handling of matters requiring coordination.

3. The state chancellery plans and coordinates inter-departmental matters, unless a department is responsible for them.

4. Furthermore, all parties involved independently ensure timely mutual information and appropriate coordination of administrative activities.

Administration - Planning, Coordination, and External Expertise
Art. 36 Law on the Organization of the Government Council and the Administration (Organization Act, OrG) - Reports Open official source

1. If multiple directorates or staff offices are involved or interested in a matter, the main responsible office shall conduct a joint reporting procedure.

2. The directorate responsible for finances shall comment on matters affecting the financial budget in accordance with financial budget legislation.

Administration - Planning, Coordination, and External Expertise
Art. 37 Act on the Organization of the Executive Council and Administration (Organizational Act, OrG) - External Expertise Open official source

The Government Council, the Directorates, and the State Chancellery may engage experts who do not belong to the cantonal administration. They may establish commissions with experts or representations of specific population groups. In each commission, both genders are to be represented by at least 30 percent, where possible. The specific needs of the French-speaking minority are also taken into consideration.

**Administration - Administrative Districts**
Art. 38 Law on the Organization of the Government Council and the Administration (Organization Law, OrG) Open official source

2. The canton territory is divided into the following 26 administrative districts: Aarberg, Aarwangen, Bern, Biel, Büren, Burgdorf, Courtelary, Erlach, Fraubrunnen, Frutigen, Interlaken, Konolfingen, Laupen, Moutier, La Neuveville, Nidau, Niedersimmental, Oberhasli, Obersimmental, Saanen, Schwarzenburg, Seftigen, Signau, Thun, Trachselwald, Wangen.

3. The affiliation of the municipalities to an administrative district and the official spelling of their names are described in Appendix 1.

4. The government council makes necessary adjustments in the appendix due to the formation, abolition, or merger of municipalities. It adjusts the appendix when it approves the change of a municipality name.

Administration - Decentralized Cantonal Administration
Art. 39a Law on the Organization of the Government Council and the Administration (Organizational Law, OrG) - Administrative Regions and Administrative Districts Open official source

1. The administrative regions and administrative districts are the ordinary decentralized administrative units of the canton.

2. An administrative region comprises one or more administrative districts and determines the jurisdictional areas for land registry management and the execution of debt enforcement and bankruptcy proceedings.

3. The canton territory is divided as follows into five administrative regions and the corresponding administrative districts

a) Administrative Region of Berner Jura: Administrative District of Berner Jura,

b) Administrative Region of Seeland: Administrative Districts of Biel/Bienne and Seeland,

c) Administrative Region of Emmental-Oberaargau: Administrative Districts of Emmental and Oberaargau,

d) Administrative Region of Bern-Mittelland: Administrative District of Bern-Mittelland,

e) Administrative Region of Oberland: Administrative Districts of Thun, Obersimmental-Saanen, Frutigen-Niedersimmental, and Interlaken-Oberhasli.

4. The affiliation of municipalities to an administrative district is described in Annex 2.

5. The government council makes the necessary adjustments in the annex due to the formation, dissolution, or merger of municipalities. It adjusts the annex when it approves a change in a municipality's name.

6. ...

Administration - Decentralized Cantonal Administration
Art. 39b Law on the Organization of the Government Council and Administration (Organization Act, OrG) - Responsibilities of Administrative Regions and Districts Open official source

1. The duties of the authorities of the administrative regions and administrative districts are determined by special legislation.

Administration - Decentralized Cantonal Administration
Art. 40 Law on the Organization of the Government Council and Administration (Organization Law, OrG) - Official Language in the Administrative Region Seeland Open official source

1. In the bilingual administrative region of Seeland and in the bilingual administrative district of Biel/Bienne, the language applicable shall be that of the party involved in the proceedings.

2. If multiple parties are involved in a proceeding, the language shall be determined by the majority of the parties.

3. The determining factors are

a. In administrative and administrative-judicial procedures, the language of the private individual(s) involved in the procedure or the majority thereof,

b. In civil matters, the language of the defendant or the respondent,

c. In debt enforcement and bankruptcy matters, the language of the debtor,

d. In criminal matters, the language of the accused party.

7. Financial Control
Art. 40a Law on the Organization of the Government Council and Administration (Organization Act, OrG) Open official source

1. Financial Control is an autonomous organizational unit in accordance with the legislation on financial control.

Various Provisions - Consultation Procedure and Legislation
Art. 41 Law on the Organization of the Government Council and the Administration (Organizational Law, OrG) - Consultation Procedure Open official source

1. The Executive Council decides on the initiation of a consultation procedure. The implementation is the responsibility of the competent directorate or the State Chancellery.

2. The Executive Council designates the authorities and organizations that must be consulted in each consultation procedure. The directorates and the State Chancellery determine who else must be consulted within their area of expertise.

3. The consultation documents and opinions are published on the Internet. Excluded from this are the opinions of the directorates and the State Chancellery.

4. ...

Various Provisions - Consultation Procedure and Legislation
Art. 42 Law on the Organization of the Council of Government and Administration (Organization Act, OrG) - Safeguarding of Municipal Autonomy Open official source

1. The Executive Council shall examine, in all legislative matters it submits to the Grand Council and in all ordinances it issues, whether the municipalities are granted the widest possible scope of action.

Various Provisions - Consultation Procedure and Legislation
Regulations of the Departments Open official source

1. The directorates may be exceptionally authorized by law to issue regulations, provided that the regulation

a) has a strongly technical nature,

b) is subject to rapidly changing circumstances, or

c) is of minor importance.

2. Offices of the cantonal administration are not permitted to issue regulations.

Various Provisions - Consultation Procedure and Legislation
Art. 44 Law on the Organization of the Council of Government and the Administration (Organization Act, OrG) - Experimental Regulations Open official source

1. The Government Council may issue experimental ordinances if

a) the regulations serve to test new or altered tasks, or new forms, processes, and organizational structures of administrative activities;

b) the ordinance is issued as part of an accompanied pilot project or reform initiative,

c) the experiment is subject to monitoring and evaluation,

d) the ordinance is issued for a duration of no more than five years.

2. The experimental ordinances shall contain provisions on

a) the framework and purpose of the experiment,

b) the material and territorial scope of application,

c) the monitoring,

d) the evaluation of the experiment,

e) the duration of applicability.

3. Experimental ordinances may contain provisions that deviate from cantonal laws within the framework of cantonal constitutional law, inter-cantonal agreements, and federal law. The legal provisions that are suspended for the experiment must be individually listed in the ordinance.

4. The Government Council shall promptly inform and document to the Grand Council the issuance of experimental ordinances.

5. The Grand Council may, upon the request of the Government Council, extend an experimental ordinance once for a maximum of three years.

Various Provisions - Incompatibilities, Kinship and Affinity
Art. 45 Law on the Organization of the Government Council and Administration (Organization Act, OrG) - Incompatibilities Open official source

1. A person may not simultaneously hold two positions that

a) the constitution designates as incompatible (Art. 68 para. 1 and 2 KV[[5]](#enumeration_itemtext_content_fn_2841034_2_5_c)),

b) have a direct superior-subordinate relationship within the scope of cantonal administration.

Various Provisions - Incompatibilities, Kinship and Affinity
Art. 46 Law on the Organization of the Government Council and the Administration (Organization Act, OrG) - Kinship and Affinity Open official source

1. Members of the government council cannot simultaneously hold office if they are

a) Parents and children, grandparents and grandchildren,

b) Siblings,

c) **\*** Spouses, registered partners (female or male), persons in a de facto domestic partnership, sisters-in-law, brothers-in-law, parents-in-law, children-in-law, divorced spouses, and persons from dissolved registered partnerships.

2. Likewise, the persons mentioned in paragraph 1 may not simultaneously hold positions in the cantonal administration that are in a direct superior-subordinate relationship to each other.

Various Provisions - Representations
Art. 47 Law on the Organization of the Executive Council and Administration (Organization Act, OrgA) - Representation before Courts Open official source

1. Unless the Executive Council establishes a different regulation in a specific case, the canton shall be represented before cantonal and federal courts and appellate bodies by officials or authorized representatives of the State Chancellery or the department whose area of responsibility includes the subject matter of the dispute.

Acceptance of a settlement or declaration of withdrawal requires the consent of the competent department or the State Chancellery within the scope of their expenditure authority. In cases involving higher amounts, the Executive Council makes the final decision.

Various Provisions - Representations
Art. 48 Law on the Organization of the Government Council and Administration (Organization Law, OrG) - Cantonal Representatives Open official source

1. The interests of the canton in the bodies of legal entities and supervisory commissions are represented by special representatives, insofar as it is provided for by legislation or decided by the government council in justified cases. In subsidized institutions, there is generally no special representation.

2. The representatives advocate for effective task fulfillment, compliance with legal regulations, and economical and efficient management.

3. They are elected by the government council. The council may delegate this authority to the directorates or the state chancellery.

Various Provisions - Quality Assurance
Art. 48a Law on the Organization of the Government Council and Administration (Organization Act, OrG) - Principle Open official source

**1. Ensuring Quality of Administrative Activities**

The directorates ensure the quality of the administrative activities of the organizational units under their control. They can establish quality assurance systems and, in justified cases, have individual organizational units or processes certified by recognized institutions. The government council may regulate further details through ordinances.

Various Provisions - Quality Assurance
Art. 48b Law on the Organization of the Government Council and Administration (Organization Act, OrG) - Inquiries Open official source

1. The directorates and offices may conduct surveys of the population, the recipients of state services, and the staff for the purposes of quality assurance and performance evaluation, or have them conducted by third parties.

Various Provisions - Quality Assurance
Art. 48c Law on the Organization of the Government Council and Administration (Organizational Law, OrG) - Benchmarking Open official source

1. The directorates and offices may conduct performance comparisons, particularly regarding the quality of service of the administration, within the cantonal administration and with offices of other administrations, or participate in performance comparisons conducted by third parties.

Various Provisions - Quality Assurance
Art. 48d Law on the Organization of the Government Council and Administration (Organization Act, OrG) - Processing of Personal Data in the Use of Electronic Infrastructure Open official source

For the processing of personal data generated through the use of the electronic infrastructure of the cantonal administration or the electronic infrastructure operated on behalf of the canton, the provisions of Articles 12a to 12e of the Personnel Act shall apply mutatis mutandis to the data of individuals who are not employees or members of the canton’s authorities.

Final Provisions
Art. 50 Act on the Organization of the Government Council and the Administration (Organization Act, OrG) - Ordinances of the Government Council Open official source

1. The Government Council regulates by ordinance

a. the procedure of the Government Council,

b. the organization and responsibilities of the departments and the State Chancellery,

c. the implementation of the co-reporting procedure,

d. the implementation of the consultation procedures,

e. the election, term of office, as well as the information and reporting obligations of cantonal representatives,

f. * the details of language regulation in the administration district of Biel/Bienne and for the regional authorities in the Seeland administrative district,

g. * the principles of the activity of cantonal service units in the market for the peripheral use of administrative assets,

h. * the assurance of the quality of administrative activities.

Final Provisions
Art. 51 Law on the Organization of the Government Council and Administration (Organization Act, OrgA) - Relation to Previous Law Open official source

**Assignment of Tasks to Directorates, the State Chancellery, Offices, and Equivalent Organizational Units and Their Designations Under This Law and Its Implementing Provisions**

Assignments of tasks to the directorates, the state chancellery, the offices, and equivalent organizational units, as well as their designations under this law and its implementing provisions, take precedence over differing task assignments and designations according to other decrees in force at the time of this law's enactment.

The government council shall, within two years from the date of this law's entry into force, ensure by ordinance that the task assignments and designations of organizational units in laws, decrees, ordinances, and other decrees are brought into conformity with this law and its implementing provisions.

Final Provisions
Art. 52 Act on the Organization of the Government Council and Administration (Organization Act, OrG) - Amendment of Decrees Open official source

1. The following enactments are amended

1. Law of 5 November 1992 on Public Service Law (Personnel Act)

2. Law of 7 February 1990 on the Creation, Capping, and Management of Positions

3. Law of 10 November 1987 on the Financial Budget (Financial Budget Act, FHG)

4. Data Protection Act of 19 February 1986

Final Provisions
Art. 53 Law on the Organization of the Government Council and the Administration (Organization Law, OrG) - Repeal of Enactments Open official source

1. The following enactments are repealed

1. Act of December 5, 1977, concerning the Participatory Rights of the Laufental

2. Act of November 19, 1975, concerning the Initiation and Execution of the Procedure for the Attachment of the Laufen Administrative District to a Neighboring Canton

3. Act of May 13, 1992, on the Adaptation of Legislation to the New Designations of the Government Council's Directorates (Adaptation Legislation)

4. Decree of November 16, 1939, on the Division of the Canton of Bern into 27 Administrative Districts

5. Decree of February 1, 1971, on the Organization of the Government Council

6. Decree of March 14, 1853, repealing the Publicity of the Sessions of the Government Council

7. Decree of November 7, 1989, on the Organization of the State Chancellery

8. Decree of March 23, 1992, on the Organization of the Directorate of the Economy

9. Decree of September 8, 1992, on the Organization of the Directorate of Health and Welfare

10. Decree of September 17, 1992, on the Organization of the Directorate of Justice, Municipalities, and Churches

11. Decree of March 17, 1992, on the Organization of the Directorate of Police and Military Affairs

12. Decree of September 17, 1992, on the Organization of the Directorate of Finance

13. Decree of June 30, 1992, on the Organization of the Directorate of Education

14. Decree of September 17, 1992, on the Organization of the Directorate of Construction, Transportation, and Energy

15. Decree of February 26, 1952, concerning the Official Language in the Biel Administrative District

Final Provisions
Art. 54 Law on the Organization of the Government Council and Administration (Organization Act, OrG) - Entry into Force Open official source

1. The government council determines the time at which it will come into force.

2. The enactment can be implemented in stages over time.

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