1. État, peuple, authorities » 17. Authorities » 171. Parliament (GOP)

This law governs the status of deputies and substitutes, the organization and functioning of Parliament, as well as the external relations thereof.

The terms used in this law to designate persons apply equally to women and men.

1 The Parliament has the powers conferred upon it by the Constitution and the law.

2 It takes all necessary measures in the exercise of its powers.

1 The Parliament convenes in a constitutive session at the beginning of each legislature.

2 It holds ordinary sessions and, if necessary, extraordinary sessions.

1 The President of the Parliament and the Secretary General convene the ordinary sessions of the Parliament according to the schedule set by the Bureau.

2 They convene extraordinary sessions at the request of the Parliament, the Government, or twelve members of Parliament.

3 The Government convenes the constitutive session of the Parliament at the beginning of a legislative term.

The Bureau may invite its guests and observers to attend Parliament sessions and to speak there.

1 The debates in the plenary are public.

2 The detailed results of the votes in the plenary are public. The regulations may provide for exceptions.

3 The debates within the Bureau and the committees are not public.

1 The deputies represent the entire people.

2 They may not receive any binding mandate.

The introductory law of the Swiss Code of Criminal Procedure defines the immunity granted to deputies.

Within the limits of the legal and regulatory provisions, the member of parliament has the right to

a) Attend the sessions of Parliament and the committees of which they are a part;

b) Speak, ask questions, and make proposals;

c) Participate in votes;

d) Intervene in one of the following forms: parliamentary initiative, motion, postulate, interpellation, written question, oral question, resolution, cantonal intervention in federal matters, and internal motion;

e) Receive session and travel allowances, as well as, if applicable, other allowances for the completion of specific tasks;

f) Consult the documents of Parliament, the Bureau, and the committees.

1. Before commencing their term, the member of parliament must take the solemn oath. Anyone who refuses is not allowed to take a seat.

2. The member of parliament has the duty to attend parliamentary sessions or to be replaced by a deputy. The president is then informed.

1 The Member of Parliament must maintain confidentiality

a) with respect to the public, concerning information and documents from parliamentary bodies whose sessions are not public;

b) absolutely regarding information handled within the Bureau and a commission, provided that such information is expressly and clearly designated as confidential.

2 In any case, proposals on which the plenary must decide, as well as decisions of the parliamentary bodies, may be subject to public communication.

3 The Bureau is the competent authority to release a Member of Parliament from the obligation of confidentiality.

**1 Before taking their oath, each member of Parliament shall disclose to the Parliamentary Secretariat:**

a) their professional activities;

b) their executive functions or their roles within the governing or supervisory bodies of associations, foundations, companies, and institutions, whether Swiss or foreign, under public or private law;

c) their permanent leadership or consulting roles on behalf of major interest groups, whether Swiss or foreign;

d) their roles as a member of a body or their executive functions within a public law entity or another institution, including a municipal, bourgeois, or mixed municipality.

**2** The Parliamentary Secretariat shall maintain a registry of the interests declared by the members of Parliament, in accordance with the instructions of the Bureau.

**3** The registry is public.

During the sessions of Parliament and its bodies, a member has the obligation to recuse themselves when reviewing and voting on a credit decree, a decision related to a subsidy, a request for clemency or amnesty, or a request to lift immunity that directly concerns

a) the member themselves;

b) the person to whom they are married or with whom they live in a registered partnership or cohabitation, their ascendants, descendants, siblings, or in-laws of the same degree as the aforementioned;

c) a natural person for whom they are the legal representative, guardian, or agent;

d) a legal entity, a collective, or another institution of private or public law, excluding a municipal, civic, or mixed community, with which they are particularly associated because they serve as its advisor, sit on one of its bodies, or exercise a managerial position within it.

1 The person who finds themselves in a case of disqualification shall promptly notify the presidency of the Parliament or the committee. They shall cease to sit for the duration of the examination of the concerned matter, following the announcement made by the presidency on this subject.

2 The disqualification is recorded in the minutes.

3 Objections arising in a plenary session shall be raised by a motion of order.

4 In the event of an objection arising within a committee, the Office shall make a final decision on the matter.

1 A failure to recuse does not invalidate the decision made by Parliament.

2 However, if it is determined that a failure to recuse may have distorted the outcome of a vote, Parliament may decide to re-vote as long as the session during which the final vote took place has not been adjourned.

1 Subject to the following paragraphs, substitutes have the same rights and duties as deputies.

2 They may not hold the following positions

- president and vice-president of Parliament;

- teller and substitute teller;

- president of a standing committee;

- group president.

3 They replace members of Parliament during plenary sessions. They can only replace deputies from the list on which they were elected.

4 They may represent their group in committees.

5 They participate in group sessions.

6 Any written parliamentary intervention requiring a speech at the tribune, submitted by a substitute, must be co-signed by a deputy.

7 Substitutes are not authorized to request the convening of an extraordinary session.

8 They receive the same documentation and allowances as titular members.

1 The President and the two Vice-Presidents are elected by Parliament in December for a term of one year. The President is not immediately eligible for re-election.

2 The President ensures the strict enforcement of this law and the regulations.

3 The President presides over the sessions of Parliament and the Bureau, directing the debates therein.

4 If the President is unable to perform their duties, they are carried out by the First Vice-President or, failing that, by the Second Vice-President. If all three are unable to perform their duties, the presidency is assumed by the most recent former President of Parliament or one of their predecessors.

5 To fulfill their duties, the President receives support from the Parliamentary Secretariat.

The Bureau of the Parliament consists of the president, the two vice-presidents, and the leaders of the groups; the latter may be represented by delegates.

1 The Bureau ensures the proper functioning of the Parliament and parliamentary committees.

2 To this end, it exercises the following powers

a) it sets the schedule for regular sessions of the Parliament and plans the items to be addressed during these sessions;

b) it ensures the submission to the Parliament and its bodies of matters falling within their competence;

c) it decides on all matters related to the structural organization of the Secretariat of the Parliament;

d) it assigns to committees or to itself the projects submitted to the Parliament for deliberation.

3 In the event of extraordinary circumstances compromising the usual functioning of the Parliament, the Bureau is empowered to temporarily define the operational procedures of the Parliament and its bodies, deviating if necessary from legal and regulatory provisions.

**The Office also exercises the following competences:**

a) It adopts, at the beginning of each legislature, the proposal for rotation among parliamentary groups for accession to the presidency of the Parliament; in this context, it ensures an equitable distribution among the parliamentary groups proportionate to their number of seats;

b) It determines federal consultations concerning important matters for which the Government's response is processed by the Parliament;

c) It manages the finances of the Parliament and adopts its budget proposal, which is included in the State's budget proposal;

d) It appoints the members, proposed by the groups, of special committees, as well as the president and vice-president of each of them;

e) It addresses any question submitted to it by the Parliament and its committees, the Government, or the judicial authorities;

f) It makes determinations in administrative and judicial procedures involving the Parliament;

g) It may propose to the Parliament a revision of this law and the provisions deriving from it;

h) Unless a law assigns this competence to another body, the Office of the Parliament assumes the role of employing authority, within the meaning of the State personnel law, with respect to magistrates elected by the Parliament and mentioned in Article 4, letters b to f, of the State personnel law; it may, if necessary, request an opinion from a permanent committee;

i) It deals with matters related to the functioning of the Parliament that do not fall under another body, unless the plenary is seized of it by an internal motion;

j) It exercises the attributions set by other legal provisions.

1 The Parliament may create standing and special committees.

2 Members of a committee may be replaced by a member of their group, elected or appointed for the duration of the committee's mandate.

3 The regulations define the composition, mandate, and powers of the committees.

1 In the exercise of the powers conferred upon it concerning high-level oversight, Parliament may, by means of an order, establish within itself a commission of inquiry for which it defines the mandate, powers, and composition.

2 The mandate of the commission of inquiry specifies the facts or the situation leading to its creation, as well as the objectives pursued.

**1 In compliance with its mandate, the commission of inquiry determines the procedural measures necessary for its investigations.**

2 It may, in particular, hear any person likely to provide it with useful information for the investigation, request information and documents from authorities, members of authorities, administrative services, entities performing public tasks delegated by the State, autonomous institutions, State collaborators, as well as individuals.

3 It may conduct site visits.

4 The commission of inquiry may delegate one of its members to administer the evidence. This member acts in accordance with the mandate and instructions of the commission.

5 It may enlist the services of the Financial Control and, if deemed necessary and with the agreement of the Bureau, appoint an expert or investigator.

6 Persons questioned by the investigator may refuse to answer questions posed by the investigator or to provide certain documents. If applicable, they are questioned by the commission.

7 The main procedural acts are recorded in a report.

1 Members of the Government, State employees, and State representatives within para-governmental institutions are required, upon request, to provide the inquiry commission with all information truthfully regarding the findings related to their obligations and made due to their function or in the fulfillment of their service.

2 They are also required to produce or report any documents that may be subject to the inquiry.

3 Anyone who, without legal justification, refuses to make a statement or submit documents is liable to penalties as stipulated in Article 292 of the Swiss Penal Code.

1 The Government has the right to be present at the hearing of persons called to provide information, to ask them additional questions, and to consult the documents submitted to the commission as well as the expert reports and hearing minutes that it has prepared.

2 The Government may comment on the findings of the investigation before the commission and submit a report to Parliament.

3 The Government shall appoint one of its members to represent it before the commission.

1 The inquiry commission identifies the persons whose interests are directly affected by the inquiry and informs them without delay. They enjoy the rights referred to in Article 26, paragraph 1.

2 The commission may deny, in whole or in part, the concerned person the right to be present at hearings and to access documents if required by the ongoing investigation or the protection of third parties. In such cases, it communicates to them, orally or in writing, the essential content of these hearings or documents and provides them with the opportunity to express themselves or present other forms of evidence.

3 Evidence that has not been disclosed to the concerned person cannot be used against them.

4 The concerned person may be assisted by a third party.

5 Once the investigations are concluded and before the report is presented to Parliament, the persons against whom allegations are made are allowed to review the sections of the report concerning them. The commission gives them the opportunity, within an appropriate timeframe, to express themselves, either orally or in writing, on these sections.

6 The commission's report accounts for the comments, oral or written, made by the persons implicated.

1 As long as the report submitted to Parliament has not been published, all persons who have participated in the sessions or hearings of an investigative committee are bound by confidentiality obligations. The individuals questioned are specifically prohibited from informing their superiors about the questions they were asked or the documents that were requested from them.

2 The minutes of the committee are confidential and accessible only to the members and substitutes of the committee as well as to the members of the Government.

3 After the publication of the report, the provisions concerning the confidentiality of the committee's sessions remain applicable.

4 The president and the vice-president of the committee, or if they have left Parliament, the Bureau of Parliament, shall decide on requests to consult the files made during the protection periods provided for in Article 22 of the Archiving Law.

1 No other parliamentary committee is authorized to conduct investigations into the events that are the subject of the mandate assigned to a commission of inquiry.

2 The establishment of a parliamentary commission of inquiry does not prevent the initiation or continuation of a civil or administrative judicial procedure, a preliminary criminal investigation, or a criminal procedure.

3 The parliamentary commission of inquiry must be informed of any initiation of administrative or criminal procedures related to the inquiry, as well as of any decisions made within the framework of these procedures.

1 The investigative commission produces a final report and, if applicable, recommendations and proposals for the Parliament.

2 The report is submitted to the Bureau, which, after having heard the commission, determines the terms of publication and handling.

3 The Parliament, by way of decree, terminates the mandate of the investigative commission and adopts, if necessary, recommendations for the concerned bodies.

1 Parliamentary groups are formed at the beginning of the legislative term. The President of the Parliament is informed of their composition.

2 A parliamentary group consists of at least three deputies.

3 Deputies from the same cantonal party or elected under the same list designation must belong to the same group.

4 They may associate with deputies from another party or another list to form a group.

5 The composition of parliamentary groups is irrevocable for the duration of the legislative term, subject to Article 33.

The groups study the matters that must be addressed by Parliament. They are compensated for this activity.

1 The member of parliament who leaves their group serves as an independent member until the end of the legislative term.

2 The same applies to a member of parliament who is excluded from their party or from the list on which they were elected pursuant to the party's respective rules.

3 A member of parliament who becomes independent is considered to have resigned from all bodies in which they represent their group. The Bureau records this and arranges for the election of new representatives.

4 In the aforementioned cases, the independent member of parliament cannot be replaced by a substitute in the event of absence during a parliamentary session.

1. The Parliament is provided with a secretariat under the responsibility of the Secretary-General of the Parliament.

2. The Secretariat of the Parliament

a) organizes the sessions of the Parliament, the Bureau, and the committees, in consultation with the respective presidents;

b) attends the sessions and maintains the minutes;

c) executes the tasks assigned to it by the Bureau;

d) manages the administrative affairs of the Parliament;

e) gathers the necessary documentation and information for the Bureau, the committees, and the members of parliament as required by parliamentary work;

f) ensures the preservation of the Parliament's archives;

g) drafts and signs, with the president, the minutes of the Parliament sessions as well as all acts emanating from it;

h) prepares the draft budget of the Parliament for the Bureau and maintains the accounts of the Parliament;

i) exercises any other duties conferred by legislation.

3. On the Bureau's proposal, the Parliament elects, for the legislature, the Secretary-General of the Parliament according to the procedure provided by Article 50 of this law and Articles 77 and 78 of the Rules of Procedure of the Parliament of the Republic and Canton of Jura. The Secretary-General of the Parliament is eligible for re-election.

4. The term of office of the Secretary-General of the Parliament begins on January 1 of the year following the election and ends on December 31 of the last year of the legislature. In the event of a vacancy, the position is filled for the remainder of the period.

5. For the accomplishment of tasks related to the functioning of the Parliament, the Secretary-General receives instructions only from the Parliament and its bodies and is accountable to them.

6. The Secretariat of the Parliament is administratively attached to the State Chancellery. It benefits from the cooperation of other State services for the fulfillment of its tasks.

Every member of parliament has the right to propose, by submitting a fully drafted parliamentary initiative, the adoption, modification, or repeal of a constitutional provision, a law, or a decree.

If Parliament decides to follow up on the parliamentary initiative, the examination of the initiative is assigned to a committee by the Bureau. In the event of a negative vote, the initiative is dismissed.

The commission submits the result of its deliberations to the Government, which may propose amendments and submit a counter-proposal.

3. General Rule: The Commission Consults Interested Parties.

1 The commission proposes to the Parliament the adoption of the project, its rejection, or the adoption of a modified project, within two years following the Parliament's decision to proceed with the parliamentary initiative.

2 The procedure before the Parliament is the same as for the bills drafted by the Government.

**The Motion Mandates**

The motion mandates the Government to present a draft constitutional provision, law, or decree, gives it imperative instructions regarding measures to be taken or proposals to be submitted, or addresses recommendations to it concerning measures to be taken within its area of competence.

**The postulate** invites the Government to conduct a study on a specific issue and to submit a report and proposals.

An interpellation is a request for explanation addressed to the Government on any matter pertaining to the politics or administration of the Canton.

The written question pertains to any matter that may be the subject of an interrogation.

Oral Question Pertains to Any Current Matter Related to Cantonal Policy.

1. Resolution

A resolution is a non-binding declaration and consists notably of a wish, a protest, or a message.

1 Any deputy, through cantonal intervention in federal matters, may submit a draft cantonal initiative in federal matters, a request for a federal referendum, or the convening of an extraordinary session of the Federal Chambers.

2 If a cantonal intervention in federal matters aimed at exercising the right of initiative in federal matters is adopted by the Parliament, it is transmitted to the competent Federal Chambers at the end of the referendum period or upon its adoption by the people.

Any member of parliament has the right to request, in the form of an internal motion, that a matter concerning exclusively the Parliament be brought up for discussion.

1 Any petition addressed to Parliament is reviewed by a competent standing committee according to the subject matter.

2 If the committee agrees to act upon the petition, it submits it to the plenary session of Parliament.

3 If the committee refuses to act upon the petition, it requests that the Bureau acknowledges this and does not submit it to the plenary session of Parliament.

4 The outcome of a petition is communicated to the petitioners, or to their designated representatives upon submission.

1 Deliberations and decisions of the Parliament, the Bureau, and the committees are only valid if the majority of the members are present.

2 Subject to paragraphs 3 and 4, decisions are made by an absolute majority of the voters, with abstentions not being counted.

3 Decisions are made by a two-thirds majority of the sixty deputies in accordance with Article 123a of the Cantonal Constitution.

4 The regulations may provide for a qualified majority for the adoption of certain matters.

Elections are held by secret ballot according to the majority system.

Members of Parliament speak in French.

1 Drafts of constitutional provisions, laws, and decrees are subject to two readings.

2 The adopted text is published in the Official Journal after each reading.

3 An interval of at least one week must separate the two readings.

4 When Parliament agrees to proceed in the first reading, this is considered accepted for the second reading.

5 When a draft is rejected in terms of proceeding during the first reading, it must be subjected to a new vote on whether to proceed during a subsequent session.

1 During plenary sessions, the president ensures the proper conduct of debates and the decorum of the deputies.

2 Deputies speak without digression and observe parliamentary proprieties.

3 The president calls to order any deputy who does not respect their duties. In the event of a repeat offense, the president withdraws their speaking privileges.

4 If the deliberations are disturbed, the president warns the disruptor and, if necessary, suspends the session.

1 Judges elected by Parliament to whom the Judicial Organization Law does not apply are subject to disciplinary sanctions when they are guilty of serious violations of the duties of their office.

2 The following are specifically considered serious violations of the duties of the office

a) the repeated omission, intentionally or through gross negligence, to perform an act that the law requires;

b) the manifest or repeated abuse of the powers of the office, committed intentionally or through gross negligence;

c) a serious affront to the dignity of the office.

3 Disciplinary power over them is exercised by a disciplinary committee composed of the president and the first vice-president of Parliament, the president of the parliamentary commission responsible for management, the president of the Government, and the president of the Cantonal Court. The president of Parliament presides over it. A disciplinary procedure pending at the end of the calendar year is dealt with to its conclusion by the committee in the membership it had when the procedure was initiated.

4 The disciplinary sanctions are as follows

a) the threat of dismissal, issued in the form of a warning;

b) a fine of up to 5,000 francs;

c) transfer to a lower salary grade;

d) dismissal.

5 For the rest, Articles 68 to 70 of the Judicial Organization Law apply by analogy.

1 The State assumes the operating expenses of Parliament within the framework of the State budget.

2 The operating expenses include, in particular

a) session allowances and travel expenses paid to the deputies, as well as other cost reimbursements;

b) additional allowances for holding special positions (presidency, scrutineers, etc.);

c) annual allowances for groups to cover their secretariat expenses and for deputies who are not part of any group;

d) fees and other allowances paid to experts;

e) expenses of the Parliamentary Secretariat, including necessary investments for equipping meeting rooms;

f) expenses of interparliamentary organizations or associations of which Parliament is a member.

3 Parliament sets, by decree, the amount of the various allowances.

1 The Government attends the sessions of Parliament and reports on all matters it submits to it or on which it is required to give its opinion. This same privilege is granted to each of its members. The presence of employees of the cantonal administration in the debate hall is authorized when desired by a minister.

2 The president of the Government attends the sessions of the Bureau with a consultative voice. He may be represented by another minister and accompanied by the State Chancellor.

3 The members of the Government may attend, with a consultative voice, the sessions of the committees. They may be represented there.

4 However, the Bureau and the committees may decide to meet without the presence of the Government.

1 As part of its responsibilities for high-level oversight of the Government and its administration, Parliament is entitled to all necessary information from the Government or from the department head designated by it. Only a prevailing public or private interest may oppose the revelation of information. If necessary, information may be provided under the seal of confidentiality to a parliamentary body.

2 The President of Parliament has the right at all times to be informed of the results of the Government's deliberations.

3 Parliament, the Bureau, or the competent commission may assign the Audit Office particular audit mandates.

4 Parliament's right to access information is not limited to responses to interventions nor to the various reports and activity programs presented by the Government to Parliament.

5 Parliament's right to access information belongs to the plenary and to the parliamentary bodies but not individually to the deputies, with the exception of responses to their interventions.

6 The activity report of the Audit Office is subject to the approval of Parliament.

The Cantonal Court submits an annual report to the Parliament for approval, which accounts for the management of cases handled by the judicial authorities of the Canton.

1 The Parliament, through the Bureau or the competent committee, may take other measures to examine the management of affairs by judicial authorities; it may notably request a judicial authority to provide information on the progress of a case or on its functioning.

2 It is not within the Parliament's remit to verify the application of the law by judicial authorities or to give them instructions or directives in this regard.

3 The concerned committee shall hear representatives of the various judicial bodies at least once a year.

4 At the request of the concerned committee, the Cantonal Court shall indicate the practice of judicial authorities concerning the application of certain standards enacted by the Parliament.

Reports of activities from autonomous cantonal institutions (Pension Fund, Cantonal Institution for Property Insurance and Prevention, Jura Hospital) are subject to approval by the Parliament.

1 The Parliament, the Bureau, or the competent commission may take other measures for examining the management of the affairs of the autonomous cantonal establishments mentioned in Article 60; information regarding a particular aspect of its activities may notably be requested from an autonomous cantonal establishment.

2 The Parliament may issue recommendations to these autonomous cantonal establishments but is not competent to give them instructions or directives.

1 Seats are reserved for the public in the Parliament chamber.

2 Demonstrations are prohibited in the Parliament chamber.

3 Any demonstration within the Parliament premises is subject to authorization by the Parliament Secretariat and may be subject to certain conditions.

1 Representatives of the press are provided with reserved seating.

2 During the proceedings, photography, audio recording, and broadcasting are permitted. Members of the media must comply with the instructions given by the presiding officer.

1 The Secretariat of Parliament sends public documents provided to all members of parliament to media representatives.

2 The Bureau informs the public and media representatives about specific matters.

3 The chairpersons of the committees, with the approval of the commissioners, appropriately inform the public about the ongoing work and decisions of the committees.

A special joint commission for the integration of the Municipality of Moutier (hereinafter: "the Municipality of Moutier") is established.

1 The commission is mandated to examine the inter-cantonal agreements as well as the constitutional and legal amendments related to the transfer of the municipality of Moutier.

2 It may be consulted on other legislative projects by another parliamentary commission.

The commission is composed of fourteen members, of whom seven are from the Parliament of the Republic and Canton of Jura (hereinafter referred to as "the Jura members") and seven are from the City Council of Moutier (hereinafter referred to as "the Moutier members").

1 The Jura members are appointed in accordance with Articles 43 and 78 of the Rules of Procedure of the Parliament of the Republic and Canton of Jura dated September 30, 2020 (hereinafter referred to as "the Rules of Procedure of the Parliament").

2 The members of the Town Council of Moutier are appointed in accordance with Article 16 of the Rules of Procedure of the Town Council of Moutier dated August 26, 2002.

The presidency of the commission is assigned to a member from Jura and the vice-presidency to a member from Prévôté, who are elected in accordance with Article 48 of the Parliament's rules.

1 The rights of Jura members are those defined by the present law and the Parliament's regulations.

2 The Prevost members enjoy the following rights

a) within the commission, they have the same rights as the Jura members;

b) within the plenary, they may speak and report on the matters examined by the commission; they do not have the right to make proposals, submit parliamentary interventions, or vote; they attend the plenary only when commission matters are addressed there;

c) they are entitled to the same sessional and travel allowances as the deputies when they attend a plenary session or a commission session.

The commission is automatically dissolved, and the provisions of this chapter become null and void as soon as the population of the municipality of Moutier has representatives in Parliament.

The provisions of this law and the Parliament's regulations related to the organization and functioning of the committees apply for the remainder.

1 The law on political rights is amended as follows

Article 47, paragraphs 3 and 4

…

2 The Introductory Law to the Swiss Code of Criminal Procedure (ILCCP) is amended as follows

Articles 23a to 23c

…

3 The Law on Judicial Organization (LJO) is amended as follows

Article 11a

Repealed.

1 During sessions of Parliament, any person aged 16 or older may only access the Parliament Building upon presentation of a valid COVID-19 certificate in accordance with Article 6a of the Federal Act of September 25, 2020, on the legal bases for Federal Council ordinances aimed at overcoming the COVID-19 epidemic. The Bureau of Parliament may suspend this measure if the epidemiological situation permits.

2 For individuals who must necessarily have access to the Parliament Building, the costs of tests required to obtain the certificate are reimbursed. The Bureau of Parliament determines the categories of individuals entitled to reimbursement.

3 The Bureau regulates the procedures for certificate verification.

4 Members of Parliament who do not present a certificate are granted access to the Parliament Building if they wear a mask inside. The Secretariat of Parliament maintains a list of these members.

The Parliament enacts the implementing provisions of this law.

This law is subject to an optional referendum.

The Law on the Organization of the Parliament of the Republic and Canton of Jura of December 9, 1998, is repealed.

This Act shall come into force on December 16, 2020.