175.050 GGLCOM

CH-GR

Art. 16 Municipalities Act of the Canton of Graubünden (GG) - 4. Political Rights

Article: Organization

Open official source Full Act (113 Articles) Machine-readable Markdown (.md)

Art. 16 GG · 4. Political Rights

1. Political rights in the municipality are guaranteed in accordance with the municipal constitution and the law on political rights in the canton of Graubünden.

2. In municipalities with a municipal assembly, any eligible voter may request information from the board about the status or resolution of a municipal matter. The information must be provided no later than at the next municipal assembly. It can be postponed or withheld if significant interests of the municipality or third parties oppose it.

3. The right of initiative for eligible voters exists for matters that are subject to mandatory or optional referendum.

← Art. 15 GG Municipalities Act of the Canton of Graubünden (GG) - Scope and Applicability Art. 17 GG →

Court Decisions Applying This Provision (7)

V 2014 2 · gr (Art. 16 GG)

Communal Assembly Decisions on Hunting Lodge Rights and Land Exchange Annulled Due to Procedural Violations and Impermissible Asset Alienation

This provision regarding the obligation of the executive board (Vorstand/Bürgerrat) to prepare matters was cited as an evident procedural violation supporting the appeal's success.

V 2014 2 · gr (Art. 16 GG)

Challenger v. Communal Assembly (Land Exchange Resolution Validity)

The court noted the evident breach of this article regarding the preparatory stage and motions by the municipal council, which would have been another reason for upholding the appeal.

PVG 2012 5 · gr (Art. 16 GG)

Municipal Language Resolution Challenge and Annulment

Cited as one of the provisions violated by the municipal executive, leading to the annulment of the second resolution.

V 2012 3 · gr (Art. 16 GG)

Referendum Validity Over Statutory Amendment Rejection in Language Dispute

The invalidity of the second vote resulted from the Community Executive's violation or insufficient regard for this provision regarding prior deliberation and proposal.

PVG 2006 2 · gr (Art. 16 GG)

Administrative Court Jurisdiction Over Vote Recount Complaints

Cited in the reasoning to explain the competence regarding the drafting of legislative proposals, which the court distinguished from the scope of political rights challengeable in a voting rights complaint.

V 2006 1 · gr (Art. 16 des kantonalen Gemeindegesetzes [GG])

Voter Challenge to Municipal Ordinance Election Dismissed Due to Scope Limitation

This article defining the role of municipal organs in presenting legislative proposals is used to establish that the consultation process is outside the scope of political rights reviewable via a voting appeal.

PVG 2002 44 · gr (Art. 16 GG)

Municipal Competence in Special Use Concession Termination and Duration Limits

Cited to confirm that the Community executive body was merely fulfilling its duty to prepare the matter for the Community assembly regarding a possible new concession.