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Constitution of the Republic and Canton of Ticino, (1997)

103 Articles / Provisions · Switzerland · Federal Legislation (SR / Fedlex)
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Table of Provisions (103)

Statutory Text (103 Articles)

1997; Titre I Nature et but du canton; Canton du Tessin

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

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

1997; Titre I Nature et but du canton; Souveraineté

The sovereignty of the canton belongs to all its citizens and is exercised in accordance with the rules set forth in the constitution.

The canton’s vote is cast by the people by a majority of valid ballots.

1997; Titre I Nature et but du canton; Armoiries

The coat of arms of the canton is: "Per pale gules and azure."

1997; Titre I Nature et but du canton; But

The canton guarantees and ensures the freedom and individual and social rights of every person living on its territory, it promotes culture, solidarity, and economic well-being, and it preserves its own identity and environmental values. It ensures that international treaties concluded by the Confederation and any foreign legal standards to which these treaties refer are applied without infringing upon the individual and social rights of persons residing in the canton’s territory and with full respect for reciprocity between States.

The pursuit of common interests involves the participation of all.

The canton promotes equal opportunities for citizens.

The State pursues its objectives in respect of the principle of subsidiarity.

1997; Titre I Nature et but du canton; Capitale

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

1997; Titre II Droits fondamentaux et devoirs; Protection de la dignité humaine

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

Human dignity is inviolable.

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

1997; Titre II Droits fondamentaux et devoirs; Égalité

No one shall suffer discrimination or gain advantage on account of their origin, race, social status, religious, philosophical or political beliefs, or on account of their state of health.

Women and men are equal before the law.

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

In the constitution, in the laws, and in the activities of the State, terms that refer to man also apply to both women and men.

1997; Titre II Droits fondamentaux et devoirs; Droits individuels

Every person has the right to express their own personality.

The following are particularly guaranteed: a. personal freedom, physical and moral integrity; b. freedom of conscience and religion; c. freedom of opinion and information, and freedom of the press; d. protection of privacy and personal data, as well as the right of every person to consult official or private data concerning them, request correction if they contain errors, and demand protection against abuse; e. freedom of association, assembly, and public demonstration; f. the right to strike and the right to lockout when related to labor relations and when no obligation to maintain labor peace or resort to conciliation opposes it; g. freedom of establishment; h. property; i. economic activity within the limits of the general interest; l. the right to petition the authorities and receive a response within a reasonable time; m. the freedom of parents to choose educational institutions other than public ones for their children, provided they conform to the state's minimum educational standards, and to provide them with religious and moral education according to their own convictions;

Individual rights cannot be compromised in their essence; a law can restrict them only if an overriding public interest requires it, and in compliance with the principle of proportionality.

Prior censorship in the expression of ideal liberties is prohibited.

1997; Titre II Droits fondamentaux et devoirs; Inviolabilité de la liberté personnelle

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

No one may be arrested, detained, subjected to a search, interned for security reasons, or restricted in any manner in their personal freedom, except in cases and according to the procedures provided by law.

Anyone placed in preventive detention must be heard by a judge within one day; they have the right to be assisted by counsel and to appeal to a court.

1997; Titre II Droits fondamentaux et devoirs; Interdiction de se dissimuler le visage

No one may conceal their face in public streets and places open to the public (except places of worship) or designated for public services.

No one may compel a person to conceal their face due to their gender.

The law defines the penalties and exceptions to para. 1.

1997; Titre II Droits fondamentaux et devoirs; Protection judiciaires

No one may be removed from the judge established by law. Exceptional judicial tribunals are prohibited.

Everyone has the right to bring a case before a court to defend their rights; the right to defense is inviolable.

Everyone has the right to legal assistance, which is free for individuals lacking sufficient resources, and the right to obtain a decision within a reasonable time.

The canton is liable for the material and moral harm that results from an unjustified deprivation of liberty.

1997; Titre II Droits fondamentaux et devoirs; Droit de cité

The right of municipal citizenship and the right of cantonal citizenship are granted in accordance with the conditions and procedure provided by law.

The acquisition of the right of citizenship must be facilitated, particularly for persons who have resided in the canton since birth.

1997; Titre II Droits fondamentaux et devoirs; Devoirs

Every person is obliged to fulfill the duties established by the constitution and by the laws, to respect the rights of others, and to preserve the right of future generations to self-determination.

1997; Titre III Droits et buts sociaux; Droits sociaux

Every person in need has the right to housing and the necessary means to lead a life in accordance with the requirements of human dignity, as well as essential medical care.

Every child has the right to protection, assistance, and guidance. They also have the right to free education suited to their abilities.

Every person has the right to a minimum wage that ensures a dignified existence. In the absence of a minimum wage guaranteed by a collective labor agreement of mandatory scope or providing for a mandatory minimum wage, the minimum wage is set by the Council of State as a percentage of the national median salary for the relevant activity and economic sector.

1997; Titre III Droits et buts sociaux; Intégration des personnes handicapées et reconnaissance de la langue des signes italienne

The canton and the municipalities take into account the specific needs of disabled persons and their families.

They adopt the necessary measures to ensure their autonomy and to promote their integration into society, education, the professional world, politics, sports, and culture, as well as their development within the family.

In dealings with the canton, municipalities, and other public law corporations and institutions, disabled persons have the right to receive information and to communicate in a manner suited to their needs and abilities.

Hearing-impaired, deaf-blind, or individuals with speech disorders have the right to use Italian sign language in their interactions with the administrations and services of the canton, municipalities, and other public law corporations and institutions.

Italian sign language is recognized.

1997; Titre III Droits et buts sociaux; Buts sociaux

The canton shall take measures to ensure that: a. every person can provide for their needs through work under fair conditions, is protected from the consequences of unemployment when it cannot be attributed to them, and can benefit from paid vacation; b. every person living within its territory is, with equal qualifications, given preference in the labor market over individuals coming from abroad (principle of Swiss priority); c. no foreign state hinders access to its domestic market for Swiss natural and legal persons in a manner contrary to the spirit of international treaties concluded with the Confederation; d. every person can find appropriate housing under economically affordable conditions; e. women can benefit from the necessary material security before and after childbirth; f. children can enjoy appropriate developmental conditions and families are supported in fulfilling their responsibilities; g. the aspirations and needs of the youth are taken into consideration; h. every person can benefit from appropriate education and training and further continuous training corresponding to their preferences and abilities; i. employment is encouraged and every person can freely choose their profession; j. no citizen within its territory is dismissed as a result of a discriminatory decision involving the replacement of domestic workers with foreign workers (substitution effect) or forced to accept significant salary reductions due to an undifferentiated influx of foreign labor (salary undercutting); k. a healthy professional complementarity is promoted between Swiss and foreign workers; l. every person needing assistance due to age, infirmity, illness, or disability can receive necessary care and sufficient support; m. the natural environment is protected from harmful impacts and preserved for future generations; n. the principle of food sovereignty is respected in terms of access to food for a varied diet, sustainable use of territory, and citizens' right to decide their own food and production system.

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

1997; Titre IV Organismes sociaux; Tâches publiques

Public tasks are carried out by the canton, by the municipalities, and by other corporations and institutions of public law in the forms defined by the constitution and by the laws.

The canton encourages collaboration and solidarity among the municipalities and promotes balanced development between the different regions.

In fulfilling their public tasks, the canton and the municipalities jointly provide their contribution to ensure that the population has an adequate supply of public services, particularly in the areas of school structures and social and health services.

1997; Titre IV Organismes sociaux; Commune; 1. Garantie; 1.1 Autonomie 1.2 Autonomie subsidiaire

The municipality is a public-law entity. Its existence is guaranteed.

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

At the local level, it performs general public tasks that the law does not assign to the Confederation or the canton.

1997; Titre IV Organismes sociaux; Commune; 2. Organisation

The authorities of the municipality are the Municipal Assembly and the Municipality; the municipality may establish a Municipal Council in accordance with the rules provided by law.

The Municipal Assembly is formed by all individuals who have the right to vote on municipal matters.

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

The right of initiative and referendum is guaranteed in municipalities that have a Municipal Council.

1997; Titre IV Organismes sociaux; Commune; 3. Élections

The members of the Municipality and the Communal Council are elected according to the proportional system for a period of four years.

The Municipality is composed of at least three members, including the Syndic, who presides over it.

1997; Titre IV Organismes sociaux; Collaboration intercommunale et syndicats intercommunaux

To carry out certain activities of public interest, the municipalities may form associations of public law with legal personality or collaborate under any other form of organization, whether public, mixed, or private in nature.

The Council of State may establish inter-municipal unions in the cases and within the limits provided by law.

The inter-municipal union is a public law entity created to perform activities of public interest, endowed with a statute approved by the municipalities and by the Council of State.

1997; Titre IV Organismes sociaux; Fusion et division de communes

The municipalities may neither merge with other municipalities nor divide without the consent of their citizens and without the approval of the Grand Council.

The canton encourages the merger of municipalities.

The Grand Council may decide on the merger and division of municipalities under conditions set forth by law.

Municipalities directly agree on modifications to their boundaries and minor territorial cessions, subject to the ratification of the Council of State.

1997; Titre IV Organismes sociaux; Districts

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

The law determines their extent and their tasks, taking into account the territory, population, and the concern for administrative and judicial decentralization.

1997; Titre IV Organismes sociaux; Bourgeoisie

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

The canton promotes the collaboration of the bourgeoisie with the municipalities as well as with other entities for the rational use of the bourgeois property in the common interest.

1997; Titre IV Organismes sociaux; Surveillance

The municipalities, intercommunal associations, bourgeoisies, and other public law entities are subject to the supervision of the canton. The law regulates the modalities and limits thereof.

1997; Titre IV Organismes sociaux; Communautés religieuses

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

The law may confer public law legal personality to other religious communities.

1997; Titre IV Organismes sociaux; Partis

The canton acknowledges the public role of political parties and promotes their activities.

1997; Titre IV Organismes sociaux; Syndicats et organisations économiques et professionnelles

The canton recognizes the social role of trade unions and economic and professional organizations and promotes their activity.

1997; Titre V Droits et devoirs politiques; Droits politiques; 1. Organisation et exercice

Every Swiss citizen domiciled in the canton and who has reached the age of eighteen acquires political rights, in accordance with the constitution and the laws.

Any person who is barred due to mental illness or mental deficiency and who is incapable of judgment is excluded from political rights.

1997; Titre V Droits et devoirs politiques; Droits politiques; 2. Droit de vote

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

It includes the right to sign initiative requests, referendums, the recall of the Council of State, and the recall of the Municipality.

The right to vote is exercised at the place of domicile, subject to exceptions provided by law.

1997; Titre V Droits et devoirs politiques; Droits politiques; 3. Éligibilité

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

Any person who is domiciled in the municipality is eligible to a municipal authority.

The grounds for exclusion are determined by law.

The law sets the deadline within which the elected individual not domiciled in the canton must establish residence there.

1997; Titre V Droits et devoirs politiques; Droits politiques; 4. Inéligibilité et révocation

A citizen who has been sentenced to a custodial or financial penalty for crimes or offenses contrary to the dignity of the office is ineligible to be a member of the Grand Council, the Council of State, or as a member or substitute member of the Municipality.

The term of office of a member who does not meet the eligibility conditions is terminated.

1997; Titre V Droits et devoirs politiques; Droits politiques; 5. Tessinois de l’étranger

The law defines the cases in which Tessinian citizens abroad acquire political rights and regulates the exercise of these rights.

1997; Titre V Droits et devoirs politiques; Secret de vote

The secrecy of the vote is inviolable.

To ensure the freedom of the citizen, the law ensures that control over their vote is prevented.

1997; Titre V Droits et devoirs politiques; Devoir de voter

Participation in voting and elections is a civic duty.

1997; Titre V Droits et devoirs politiques; Devoir d’accepter la charge

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

The law may make acceptance mandatory.

1997; Titre V Droits et devoirs politiques; Information et facilité de vote

Authorities shall ensure that citizens are informed about the matters submitted to a vote.

The exercise of the right to vote must be facilitated.

1997; Titre Vbis Régime financier; Principes

The management of the canton’s finances is in accordance with the principles of legality, economy, and profitability; the finances are balanced in the medium term, taking into account the economic situation.

Before undertaking a new task, the canton examines if and how it can finance it.

It periodically verifies whether each of its tasks is still necessary, useful, and financially sustainable.

1997; Titre Vbis Régime financier; Frein à l’endettement: principes et mesures de rééquilibrage financier

In principle, the budget and accounts of the canton are balanced.

Considering the economic situation and any potential exceptional financial needs, a deficit may be budgeted within the limits prescribed by law.

The limits defined by law are adhered to through measures of expenditure moderation, revenue increase, or adjustment of the cantonal tax coefficient.

Any deficits in the accounts of the current fiscal year are offset by the surpluses from previous years; if this is not possible, the deficits must be compensated within the deadlines provided by law.

The canton shall take necessary measures in a timely manner to maintain financial balance.

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

1997; Titre VI Élections, initiative populaire, référendum et révocation ; Élections par le peuple

Elected by the people in a single constituency formed by the canton: a. the Constituent Assembly; b. the Grand Council; c. the Council of State; d. the deputies to the Council of States; e. the deputies to the National Council.

The justice of the peace is elected by the people in the electoral district corresponding to his jurisdiction; a citizen convicted of a custodial or financial penalty for crimes or offenses contrary to the dignity of the office is ineligible.

Elected by the people of the commune: a. the Communal Council; b. the Municipality; c. the Mayor.

1997; Titre VI Élections, initiative populaire, référendum et révocation ; Élections par le Grand Conseil

Elected by the Grand Council are: a. the judges of the Court of Appeal; b. the president of the examining and detention judges and the examining and detention judges; c. the Attorney General and public prosecutors; d. praetors (judges of first instance); e. the presidents and members of the Expropriation Tribunals; f. the juvenile judge; g. the members of the Magistracy Council they are responsible for electing; h. the cantonal jurors.

For the functions provided in the first paragraph, letters a to f, the election takes place after public announcement and after an independent expert commission, appointed by the Grand Council, has reviewed the new candidacies and given its opinion.

1997; Titre VI Élections, initiative populaire, référendum et révocation ; Initiative populaire législative; 1. Principe

Seven thousand citizens with voting rights may at any time submit an initiative request concerning legislative matters to the Grand Council.

The initiative request proposes to the Grand Council the acceptance, drafting, amendment, or repeal of a law or legislative decree.

The collection of signatures must be completed within 100 days following the date of publication of the initiative request in the Official Gazette.

1997; Titre VI Élections, initiative populaire, référendum et révocation ; Initiative populaire législative; 2. Recevabilité

If the required number of signatures is gathered, the Grand Council shall conduct a preliminary examination of the admissibility of the initiative request. This includes verifying its compliance with superior law, the unity of form and subject matter, and its executability, within one year following the publication of the request's completion in the Official Gazette.

1997; Titre VI Élections, initiative populaire, référendum et révocation ; Initiative populaire législative; 3. Forme de la demande

The popular initiative may be submitted in the form of a specific draft or of a general suggestion.

In the second case, the Grand Council must draw up a proposal in line with the request.

In both cases, the proposal is submitted to the people for a vote if the Grand Council does not approve the request.

The Grand Council may simultaneously submit a counter-proposal on the same subject. The initiative may be withdrawn at any time.

1997; Titre VI Élections, initiative populaire, référendum et révocation ; Initiative populaire législative; 4. Procédure

If the Grand Council opposes a counter-proposal to the popular initiative request, the citizens eligible to vote must decide, during a single vote, whether they prefer the initiative request or the counter-proposal to the current law; they may also accept or reject both proposals and express their preference in the event that both the initiative request and the counter-proposal are accepted.

1997; Titre VI Élections, initiative populaire, référendum et révocation ; Initiative législative des communes

One-fifth of the municipalities may, at any time, submit a legislative initiative request to the Grand Council.

The provisions relating to the popular initiative are applicable with regard to the form of the request and the voting procedure.

1997; Titre VI Élections, initiative populaire, référendum et révocation ; Référendum facultatif

The following are subject to a popular vote if 7,000 citizens with voting rights or one-fifth of the municipalities request it within 60 days following their publication in the Official Gazette: a. laws and legislative decrees of a generally binding nature; b. acts involving a one-time expenditure exceeding 1,000,000 francs or an annual expenditure exceeding 250,000 francs projected for a period of at least four years; c. acts of accession to a public law convention of a legislative nature.

1997; Titre VI Élections, initiative populaire, référendum et révocation ; Référendum financier obligatoire

Immediately after the final vote on an act that involves a one-time expenditure exceeding 30,000,000 francs or an annual expenditure exceeding 6,000,000 francs planned for a period of at least four years, the Grand Council shall submit the expenditure to a mandatory referendum if one third of the present deputies are in favor and the decision is made by at least 25 deputies.

The law regulates the procedures.

1997; Titre VI Élections, initiative populaire, référendum et révocation ; Clause d’urgence

Laws and legislative decrees of a generally mandatory nature deemed urgent come into immediate effect if the majority of the members of the Grand Council so decide.

The urgent act loses its validity one year after its entry into force and can no longer be renewed through the emergency procedure.

1997; Titre VI Élections, initiative populaire, référendum et révocation ; Révocation du Conseil d’État

Fifteen thousand citizens with voting rights may submit a request to the Grand Council for the revocation of the Council of State.

The request for revocation may not be submitted less than one year or more than three years after the general election.

The collection of signatures must be completed within sixty days following the date of the publication of the request for revocation in the Official Gazette.

1997; Titre VI Élections, initiative populaire, référendum et révocation ; Révocation de la Municipalité

Persons entitled to vote on municipal matters may submit a request for the revocation of the Municipality to the Council of State.

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

The request for revocation must be signed by 30% of the persons entitled to vote on municipal matters within sixty days following its official publication in the municipality.

1997; Titre VI Élections, initiative populaire, référendum et révocation ; Procédure

The law establishes the procedure for voting and elections, initiatives, referendums, the recall of the Council of State, and the recall of the Municipality.

1997; Titre VI Élections, initiative populaire, référendum et révocation ; Votations

Voting on initiatives, referendums, and the revocation of the Council of State must take place within sixty days following the publication in the Official Gazette of the conclusion of the request or the conclusion of the deliberations of the Grand Council.

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

The vote on the revocation of the Municipality takes place within sixty days following the official publication, in the municipality, of the outcome of the revocation request.

1997; Titre VII Rapports avec la Confédération, les cantons et les pays limitrophes; Rapports avec la Confédération et les cantons

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

To this end, the Council of State ensures the maintenance of relations with the Ticinese deputies to the Federal Chambers.

1997; Titre VII Rapports avec la Confédération, les cantons et les pays limitrophes; Députés au Conseil des États

Members of the Council of States are elected every four years, at the same time as the members of the National Council, by absolute majority in the first round.

Ineligible is a citizen who has been sentenced to imprisonment or a financial penalty for crimes or offenses contrary to the dignity of the office.

1997; Titre VII Rapports avec la Confédération, les cantons et les pays limitrophes; Coopération transfrontalière et principe de la norme minimale

The canton facilitates and encourages cross-border cooperation.

If the foreign state restricts on its territory, through internal regulations or deterrent measures, the application of international treaties it has concluded with the Confederation, the canton will apply the same minimum standards, in accordance with the principle of reciprocity.

1997; Titre VII Rapports avec la Confédération, les cantons et les pays limitrophes; Mandat aux autorités et lutte contre la sous‑enchère salariale

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

In relations with neighboring countries, the authorities manage the labor market taking into account the needs of people living within the territory of the canton, by promoting a healthy professional complementarity between Swiss workers and foreign workers, and by avoiding the replacement of indigenous labor with foreign labor (substitution effect) and wage undercutting.

1997; Titre VIII Autorités; A. Dispositions communes; Séparation des pouvoirs

Where it is not reserved to the people, authority is exercised by the legislative, executive, and judicial powers, which are separate.

1997; Titre VIII Autorités; A. Dispositions communes; Élections

The election of the Grand Council and that of the Council of State take place simultaneously every four years, in April, on the day set by the Council of State.

1997; Titre VIII Autorités; A. Dispositions communes; Organisation

The law regulates the organization of the three branches of government and the relationships between the Grand Council and the Council of State.

1997; Titre VIII Autorités; A. Dispositions communes; Incompatibilités

No one may simultaneously be a State Councilor, a deputy to the Grand Council, or a magistrate of the cantonal or federal judiciary.

State Councilors and magistrates of the judiciary cannot simultaneously be members of the Council of States or the National Council, nor members of a Municipality. Moreover, State Councilors cannot be members of a Communal Council.

The position of deputy to the Grand Council is incompatible with cantonal public employment. The law regulates the exceptions.

The law defines, for the members of the authorities, the incompatibilities related to kinship or the exercise of a mandate or a profession.

1997; Titre VIII Autorités; A. Dispositions communes; Exclusion et récusation

Any member of an authority must refrain from performing their function if their independence or impartiality is compromised.

The law establishes the grounds for disqualification and recusal.

1997; Titre VIII Autorités; A. Dispositions communes; Information

Every authority shall provide adequate information about its activities. Overriding public or private interests must not be harmed.

1997; Titre VIII Autorités; B. Pouvoir législatif; Grand Conseil

The Grand Council, which comprises ninety members, is the legislative authority of the canton. It exercises high supervision over the Council of State and the courts, and it exercises the prerogatives of sovereignty that the constitution does not explicitly reserve for another authority.

1997; Titre VIII Autorités; B. Pouvoir législatif; Élection

The Grand Council is elected in a single constituency, according to the proportional representation system, with the possibility for parties to ensure regional representation.

The law regulates the modalities of the election.

1997; Titre VIII Autorités; B. Pouvoir législatif; Compétences

The Grand Council: a. regulates its organization as well as the manner in which it deliberates and makes its decisions; b. verifies the credentials of its members; c. adopts, amends, or rejects bills and legislative decrees; d. authorizes the collection of taxes and expenditures; e. decides on programs within its competence according to the law, examines those developed by the Council of State, and verifies their execution; f. establishes, upon the proposal of the Council of State, the budget of revenues and expenditures of the canton; g. reviews annually the administration and accounts of the canton based on the report of the Council of State and approves them; h. requests a report from the Council of State on the execution of laws, decrees, and regulations; i. authorizes or ratifies the alienation and concession of cantonal property, provided the law does not delegate these powers to the Council of State; l. sets the compensation for magistrates and public service employees; m. carries out appointments assigned to it by the constitution and the laws; n. terminates the office of a member of the Grand Council or the Council of State who does not meet the eligibility conditions; o. exercises the rights of amnesty and pardon; p. exercises the judicial tasks assigned to it by law; q. approves public law conventions of a legislative nature and those involving an expenditure subject to referendum; r. exercises the rights of initiative and referendum that the Federal Constitution assigns to the canton.

Each member of the Grand Council has the right of initiative in matters of partial revision of the constitution and in legislative matters.

1997; Titre VIII Autorités; B. Pouvoir législatif; Séances

The Grand Council is convened by the Council of State for a constitutive session within thirty days following the election.

The president calls the Grand Council when the regular conduct of business requires it, and when the Council of State or at least thirty deputies request it.

1997; Titre VIII Autorités; B. Pouvoir législatif; Présidence

The Grand Council elects the president in May. The president remains in office for one year and is not immediately re-eligible.

1997; Titre VIII Autorités; B. Pouvoir législatif; Délibérations

The Grand Council can only deliberate and make decisions when the absolute majority of its members is present.

To decide on terminating the office of a member of the Council of State, an absolute majority of the members of the Grand Council is required.

1997; Titre VIII Autorités; B. Pouvoir législatif; Publicité

The sessions of the Grand Council are public.

1997; Titre VIII Autorités; B. Pouvoir législatif; Seconde délibération

If the Council of State opposes a law or a legislative decree, the Grand Council shall proceed to a second deliberation.

The Council of State shall provide its opinion within a maximum period of three months.

1997; Titre VIII Autorités; C. Pouvoir exécutif; Conseil d’État

The Council of State, which comprises five members, is the governmental and executive authority of the canton. It manages, according to the principle of collegiality, the cantonal affairs within the limits of the powers granted to it by the constitution and the laws.

1997; Titre VIII Autorités; C. Pouvoir exécutif; Élection

The Council of State is elected in a single constituency, according to the proportional system.

The allocation of seats among the groups is based on a quota, which is obtained by dividing the sum of valid votes received by each group by the number of seats to be filled, increased by one.

Each group is allocated a number of seats equal to the number of times the quota is contained in the total votes it has received.

The seats not yet allocated are distributed by dividing the number of votes received by each group by the number of seats already allocated to it, increased by one, and proceeding as follows: a. the group that obtains the highest quotient receives an additional seat; b. the exercise is repeated until all seats are distributed.

The law regulates the modalities of the election in the event of a vacancy occurring during the administrative period, particularly if a group does not propose a successor when the list of candidates is exhausted.

1997; Titel VIII: Behörden; C. Vollziehende Gewalt; Wahl
1997; Titre VIII Autorités; C. Pouvoir exécutif; Séances

The sessions of the Council of State are not public, except in cases provided for by law.

1997; Titre VIII Autorités; C. Pouvoir exécutif; Organisation

Each year, the Council of State appoints from among its members a president and a vice-president. These individuals are not immediately re-eligible.

Any decision of the Council of State is made by an absolute majority of its members; any revocation, suspension, or modification of individual and concrete acts is decided by a majority of at least four votes.

Members of the Council of State may not abstain from voting.

The Council of State organizes and conducts its activities through the Departments and other subordinate bodies.

The law regulates the right to appeal against the decisions of the Council of State, the Departments, and other subordinate bodies.

1997; Titre VIII Autorités; C. Pouvoir exécutif; Compétences

The Council of State, subject to the rights of the people and the Grand Council: a. plans the activities of the canton and ensures the implementation of programs; b. ensures the execution of federal and cantonal laws as well as the decisions of the Grand Council; it takes necessary measures in the form of execution decrees, regulations, resolutions, or other provisions; c. manages the finances and assets of the canton and presents the accounts and the budget each year; d. directs the cantonal administration and reports annually to the Grand Council; e. appoints public service employees and persons entrusted with a cantonal public office, unless otherwise provided by the constitution or law; f. exercises supervision over the authorities of the municipalities and other public law entities and coordinates their activities within the limits set by law; g. ensures public order; h. represents the canton in its relations with the Confederation, other cantons, and any other authority; i. responds to projects sent for consultation by the Confederation and may submit those of particular importance to the Grand Council.

1997; Titre VIII Autorités; C. Pouvoir exécutif; Activité législative

The Council of State has the right of initiative in constitutional and legislative matters. It may call upon experts or special commissions and consult municipalities, political parties, and other organizations. Any person may submit comments. The Council of State can withdraw a proposal it authored before the Grand Council has definitively adopted it.

1997; Titre VIII Autorités; C. Pouvoir exécutif; Présence au Grand Conseil

The Council of State attends in full or by delegation the sessions of the Grand Council.

1997; Titre VIII Autorités; D. Pouvoir judiciaire; Tribunaux

The courts exercise the judicial power.

They rule independently and are bound by the law; they cannot apply cantonal rules that would be contrary to federal law or the cantonal constitution.

1997; Titre VIII Autorités; D. Pouvoir judiciaire; Juridiction

The courts exercise jurisdiction in civil, criminal, and administrative matters. The same court may exercise multiple jurisdictions.

1997; Titre VIII Autorités; D. Pouvoir judiciaire; Tribunaux civils

Civil justice is administered by: a. justices of the peace; b. pretors (judges of first instance); c. the Court of Appeal. Disputes concerning commercial law, employment contracts, and lease agreements may, under the law, be brought before other courts.

1997; Titre VIII Autorités; D. Pouvoir judiciaire; Tribunaux pénaux

Criminal justice is administered by: a. the Criminal Court of First Instance; b. the Criminal Court of Second Instance; c. the Juvenile Judge.

The law regulates the participation of jurors.

The law may assign to judges or other judicial authorities the competence to adjudicate in the first instance, and to administrative authorities the competence to adjudicate on contraventions.

1997; Titre VIII Autorités; D. Pouvoir judiciaire; Tribunaux administratifs

Administrative justice is administered by: a. the Administrative Court; b. the Insurance Court; c. the Tax Court; d. the Expropriation Court. e. ...

First-instance decisions may be made by administrative authorities.

The law determines the authority that resolves jurisdictional conflicts in matters of administrative law.

1997; Titre VIII Autorités; D. Pouvoir judiciaire; Enquêtes judiciaires et accusation publique

The law entrusts magistrates with the task of conducting judicial investigations and representing the public prosecution.

1997; Titre VIII Autorités; D. Pouvoir judiciaire; Conseil de la magistrature

The oversight of magistrates is exercised by the Judicial Council, which reports to the Grand Council.

The Judicial Council is composed of seven members: four are elected by the Grand Council and three by the assembly of magistrates who perform their duties full time; the law regulates the procedures of the election.

1997; Titre VIII Autorités; D. Pouvoir judiciaire; Organisation et conditions

The law regulates the judicial organization, competencies, procedures, and sets the conditions for professional training, as well as the maximum age for magistrates.

1997; Titre VIII Autorités; D. Pouvoir judiciaire; Durée du mandat et élection

The term of office for magistrates is ten years.

Justices of the peace are elected through a majority system in single-member districts and through a proportional system in others.

The law regulates the election of magistrates that falls under the jurisdiction of the Grand Council.

1997; Titre IX Révision de la constitution; Principe

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

Proposals for total revision submitted by the Council of State and the Grand Council may contain a maximum of two variants per item.

Any constitutional revision must be approved by a popular vote.

1997; Titre IX Révision de la constitution; Révision totale:; 1. Proposition

A total revision of the constitution may be requested by: a. the Council of State; b. the Grand Council by a majority of its members; c. ten thousand citizens with the right to vote.

The collection of signatures must take place within 100 days following the publication of the initiative request in the Official Gazette.

1997; Titre IX Révision de la constitution; Révision totale:; 2. Procédure

When the request originates from the people or the Grand Council, the citizens with the right to vote must first decide, in a single vote, whether they want the total revision and if the draft should be developed by the Grand Council or by a Constituent Assembly.

The popular initiative request aiming at total revision can be withdrawn until the preliminary vote takes place.

The Constituent Assembly is elected within a six-month period, according to the rules provided for the election of the Grand Council; it comprises the same number of deputies as the Grand Council and remains in charge for a maximum of five years.

The Council of State and the Grand Council apply the procedure provided for cantonal legislation.

1997; Titre IX Révision de la constitution; Révision partielle:; 2. ...

The partial revision of the constitution, when proposed by the Council of State or the Grand Council, is conducted according to the procedure provided by the Council of State for cantonal legislation.

A partial revision of the constitution can be requested by ten thousand citizens with the right to vote, according to the procedure regulated by law.

The partial revision must be limited to a regulatory area that forms a unit; it can involve several provisions.

The collection of signatures must be completed within 100 days following the publication of the initiative request in the Official Gazette.

1997; Titre IX Révision de la constitution; Révision partielle:; 3. Recevabilité

If the required number of signatures is obtained, the Grand Council shall conduct a preliminary examination of the admissibility of the initiative request by verifying its compliance with higher law, the unity of form and subject matter, and its enforceability, within one year following the publication of the successful outcome of the request in the Official Gazette.

1997; Titre IX Révision de la constitution; Révision partielle:; 4. Forme de la demande d’initiative populaire

A popular initiative request may be presented either as a drafted project or as a proposal formulated in general terms.

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

In the second case, the Grand Council must develop, in accordance with the request, the project that will be submitted to a popular vote; it may submit a counter-proposal on the same subject.

The initiative for partial revision may be withdrawn.

1997; Titre IX Révision de la constitution; Révision partielle:; 5. Procédure avec un contreprojet

If the Grand Council submits a counter-proposal to the popular initiative request for partial revision, citizens with the right to vote must decide, during a single vote, whether they prefer the initiative request or the counter-proposal to the existing law; they may also accept or reject both proposals and express their preference in the event that both the initiative request and the counter-proposal are accepted.

1997; Titre IX Révision de la constitution; Délais

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

In the case of a partial revision, the Grand Council must conclude the deliberations within 18 months following the publication of the successful outcome of the popular initiative request in the Official Gazette or following the presentation of the message from the Council of State.

1997; Titre IX Révision de la constitution; Votations

The preliminary vote on the initiative request for the total revision of the constitution must take place within sixty days following the publication of the conclusion of the request in the Official Gazette.

Other votes regarding the revision of the constitution must take place within sixty days following the conclusion of the deliberations of the Grand Council or the Constituent Assembly.

The vote on the initiative for partial revision must in any case take place within two years following the publication of the conclusion of the request in the Official Gazette.

1997; Titre X Dispositions transitoires et finales; Entrée en vigueur

The constitution comes into effect on January 1st of the year following its acceptance by the people.

From this date, the constitution of the Republic and Canton of Ticino of July 4th, 1830, revised on October 29th, 1967, is repealed.

1997; Titre X Dispositions transitoires et finales; Validité du droit en vigueur

The existing law remains applicable. Provisions that are contrary to the constitution are repealed.

Provisions adopted according to a procedure no longer provided for by the constitution remain in force. Their modification follows the rules of the new procedure.

1997; Titre X Dispositions transitoires et finales; Nouveau droit

The adaptation of the law to the constitution is carried out within five years following its entry into force.

In the year following the entry into force of the constitution, the Council of State presents a report to the Grand Council on the necessary legislative amendments. The Grand Council deliberates on it.

1997; Titre X Dispositions transitoires et finales; Initiatives populaires et référendums facultatifs

Initiatives submitted before the entry into force of the constitution and referendums requested against laws and legislative decrees adopted before the entry into force of the constitution are governed by the former law.

1997; Titre X Dispositions transitoires et finales; Autorités et magistrats

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

1997; Titre X Dispositions transitoires et finales; Disposition transitoire ad art. 9 a

Art. 9 came into force at the same time as the implementing law.

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