1. État, peuple, Authorities » 17. Authorities » 172. Government, Administration and Advisory Councils (LOGV)

The Government and the services of the cantonal administration carry out their activities in accordance with the requirements of public interest, legality, appropriateness, proportionality, subsidiarity, equal treatment, good faith, and the other principles set forth by the Administrative Procedure Code.

1 Within the limits of the Constitution and the law, the Government and the services of the cantonal administration act diligently and rationally.

2 To this end, they plan their tasks according to the objectives and goals to be achieved. They are required to coordinate their work and collaborate to the fullest extent dictated by the public interest. They regularly evaluate the results obtained and make the necessary improvements.

3 They respect the financial framework assigned to them and minimize their operating costs as much as possible.

Subject to the powers granted to the people and the Parliament by the Constitution and the law, the Government conducts the policy of the Canton and exercises executive and administrative power.

The following obligations specifically fall upon the Government

a) to plan and coordinate the activities of the State;

b) to take all initiatives necessary to ensure the development of the Canton;

c) to regularly inform the public about its projects and decisions, as well as on significant matters of the cantonal administration; this information is provided if it serves the public interest and if its communication does not harm overriding public or private interests;

d) to present a general policy program to the Parliament at the beginning of each legislative term and, at the end, a report on the achievement of this program;

e) to establish multi-year financial plans and submit them for approval to the Parliament;

f) to prepare and submit the State's budget and accounts to the Parliament annually, and present a management report;

g) to take all necessary measures to ensure collaboration and coordination with the Confederation, other cantons, and neighboring regions;

h) to exercise high-level oversight over various municipalities, sections of municipalities, municipal associations, as well as autonomous cantonal institutions.

1 The Government ensures that the activity of the cantonal administration is in accordance with the principles set out in articles 1 and 2 of this law.

2 It constantly and systematically coordinates and supervises the activity of the cantonal administration and that of other institutions or persons entrusted with administrative tasks.

3 Subject to special provisions, particularly those related to personnel legislation, it hires State employees as well as any person entrusted with a cantonal public function.

1 The Government directs the preliminary phase of the legislative procedure.

2 It may present to Parliament any draft constitutional revision, law, or decree (Art. 90, para. 1, CJU).

3 Subject to the competencies of Parliament, it responds to consultations from federal authorities (Art. 92, para. 2, letter n, CJU).

1. Subject to the powers of Parliament, the Government issues the implementing ordinances of federal law, cantonal laws and decrees, and emergency law, in accordance with Articles 90 and 91 of the Constitution.

2. It issues the ordinances in accordance with the delegations conferred upon it by the legislator (Art. 59 CJU).

3. The Government may, by ordinance, delegate its regulatory power in a specific matter to a department head and the chancellor, when the delegation concerns minor points or is mainly of a technical nature and does not affect a fundamental legal principle.

4. Department heads and the chancellor are prohibited from further delegating their regulatory power.

1 The Government and, with its approval, the department heads may issue instructions in the form of circulars regarding the interpretation and application of legislation.

2 Circulars are issued for the internal use of the administration. They must not create any new obligations or rights for individuals. Article 10, paragraph 1, letter f, of the law concerning official publications is reserved.

The Government administers administrative justice in cases assigned to it by the Code of Administrative Procedure and by law.

1 The Government itself performs the important acts of administration.

2 The importance of matters must be assessed particularly based on their economic, social, political significance and their consequences for individuals.

Subject to Article 10 of this law, the Government may, by way of ordinance, delegate to the departments, the State Chancellery, subordinate services or offices, and certain employees of the cantonal administration, the authority to make decisions and other administrative measures and to conclude contracts.

The Government decides in the last instance and definitively on conflicts of jurisdiction between administrative authorities (Art. 30 et seq. of the Administrative Procedure Code).

For the study of important or complex issues, and for the development of projects, the Government may establish permanent or temporary commissions or engage experts. It determines the purpose and duration of their mandate.

1 The Government may designate delegations from among its members to handle specific matters.

2 The delegations shall be composed of three members; their mandate may not exceed the duration of a legislative term; it can be renewed.

3 The delegations are responsible for preparing files for the Government and submitting proposals to it.

4 They may be exceptionally authorized to make decisions; any member of a delegation may request that these decisions be submitted for ratification by the Government.

The Government exercises any other powers granted to it by law or which are not assigned to a specific authority.

A Decree of Parliament Regulates the Procedure Applicable to Government Deliberations, Particularly Regarding the Convocation and Participation in Sessions, Quorum, Majority for Decision-Making, and the Signing of Acts. The Provisions of the Administrative Procedure Code are Reserved.

The deliberations of the Government are led by the president.

The president performs the following tasks in particular

a) He plans and coordinates the work of the Government;

b) He is responsible for preparing Government sessions, determining the agenda in collaboration with department heads and the chancellor;

c) He regularly informs his colleagues about ongoing government affairs;

d) He ensures, in collaboration with the chancellor, that the public is informed about the Government's and administration's activities;

e) He ensures that the Government effectively supervises the cantonal administration; he may propose measures in this regard as he deems appropriate;

f) He coordinates the Government's activity with the work of Parliament;

g) He represents the Government within the Canton and externally; he may be assisted in this task by other Government members, the chancellor, and cantonal administration employees.

1 In cases of emergency or necessity, the President of the Government may order provisional measures.

2 If it is not possible to hold an extraordinary session, he decides, subject to ratification by the Government.

In case of impediment, the president is replaced in his duties by the vice-president and, if the latter is also impeded, by the oldest member of the Government.

The President and the Vice-President of the Government are elected by Parliament (Art. 94 CJU) for a term of one year. They are not immediately eligible for re-election.

The State Chancellery is directly subordinate to the Government.

The chancellor is appointed by the Government.

1 The Chancellor directs the State Chancellery.

2 In this role, they perform the tasks listed in Article 34 of this law.

1 The Chancellor assists the Government and, in particular, its President in the fulfillment of their duties.

2 The Chancellor performs the following tasks, among others

a) he assists the President of the Government and the heads of departments in the planning and coordination of governmental and departmental activities;

b) he assists the Government in the development of the general policy program and in the drafting of the report on the implementation of this program, as well as in the preparation of the annual management reports;

c) he is responsible for protocol;

d) he is responsible for the communication between the Government and the departments; he ensures, in particular, the transmission of files;

e) …

f) …

g) he assumes the secretariat of the Government.

3 The Chancellor receives the necessary instructions for the fulfillment of his duties from the Government and its President. Furthermore, he may be called upon by the Government to conduct inspections within the administration and to advise on its organization.

The Chancellor ensures coordination between the Government and the Parliament.

In accordance with the Bureau of the Parliament and the Government, the Chancellor and the Secretary of the Parliament organize their respective deputies.

For the rest, the responsibilities of the State Chancellery are regulated by decree.

1 The cantonal administration is divided into five departments.

2 The departments include services and offices. They may also include delegates.

3 …

4 The services may be subdivided into sections, and the offices into bureaus.

1 Each member of the Government, including the President, oversees a department.

2 At the beginning of each legislature, the Government allocates, by decree, the departments and assigns the services, offices, and delegates among the departments and the State Chancellery, prioritizing the requirements of efficient management. For the same reason, changes in the distribution of departments may be made during a partial renewal of the Government.

2bis The Government designates, in the same decree, the department responsible for relations with the judicial authorities.

2ter During the distribution of departments, the Government may temporarily deviate in an ordinance from the organization established by decree. If necessary, it promptly submits a draft amendment to the decree to Parliament.

3 In the absence of agreement, the members of the Government must accept the department assigned to them by collective decision.

4 The Government appoints a deputy for each department head.

1 The departments and subordinate services and offices prepare the matters to be settled by the higher authority and submit proposals to it.

2 They exercise the decision-making, control, and supervisory powers attributed to them by legislation or delegated to them by the Government.

1 Upon decision of the Government, the departments and the State Chancellery carry out the tasks of the cantonal administration whose execution is not assigned to a specific administrative body.

2 Administrative tasks assigned by legislation to individuals or to special institutions of public or private law are reserved.

The department head resolves conflicts of jurisdiction between services or offices subordinate to their department (Art. 30 et seq. of the Administrative Procedure Code).

Department, Service, and Office Heads have the following specific tasks

a) They periodically define the objectives to be achieved and the tasks to be accomplished;

b) They plan the activities for which they are responsible and prepare their budget;

c) They make decisions and, when necessary, issue directives within their competence;

d) They control and coordinate the activities of the subordinate services and offices;

e) They inform the administration about the activities of their services and offices;

f) They exercise the competencies assigned to them by legislation.

1 The heads of service and office are the direct collaborators of the department head.

2 In addition to the tasks defined in Article 34 of this law

a) they contribute to the development of projects and the preparation of the department's decisions;

b) they assist the department head in preparing governmental deliberations and in their relations with other administrative bodies and individuals;

c) they are, in principle, responsible for the financial, legal, secretarial, and personnel matters of the service or office.

1 If necessary, the heads of service and office shall meet under the chairmanship of the chancellor to inform each other and examine issues related to their collaboration and coordination.

2 The conference may make proposals to the department heads and the Government.

1. Within the limits of this law, Parliament establishes departments, services, offices, sections, and bureaus by decree. It may also create positions for delegates.

2. It defines the main tasks of the services, offices, sections, and bureaus.

3. It may also abolish entities mentioned in paragraph 2.

1 Within the limits of this law and the decrees of Parliament, the Government shall specify, if necessary, the organization and the powers of the departments and the bodies subordinate to them.

2 The Government, department heads, the chancellor, service and office heads may issue detailed prescriptions, particularly concerning administrative organization and management, in the form of circulars. Article 8, paragraph 2, is reserved.

1 When, according to the former legislation, the term of office for members of cantonal commissions or working groups is four years, this term is extended to five years, aligning with the legislative period.

2 When a person is appointed during the legislative period for a term of four years to a position as described in paragraph 1, this term ends at the conclusion of the current legislative period.

3 The Government may, by order, deviate from paragraphs 1 and 2 in a specific situation.

1 Administrative units are authorized to transmit documents, which are subject to official secrecy and may contain personal data, including sensitive data, to another administrative unit for the purpose of printing.

2 The mandated entity shall delete all data in its possession after completing its task.

3 Any person collaborating, in any capacity, within the mandated third-party entity and who may become aware of the content of the documents mentioned in paragraph 1 is subject to official secrecy and to cantonal data protection regulations.

4 Furthermore, the Government shall take, contractually, other measures necessary to preserve official secrecy, particularly in organizational, technical, and procedural aspects. It shall specifically designate the mandated entity and define the scope of the mandate.

The Government may authorize administrative units to update the databases they use in the performance of their legal duties by employing the automated exchange of the following data held by other administrative units

a) name, first name, social security number, address, date of birth, marital status of individuals;

b) company name, company identification number, address of legal entities;

c) other contact details provided by the private citizen that enable transactions with them (such as phone number, email address, and banking references).

1 A single-window service is established on a pilot project basis in the municipality of Moutier to provide various services centrally, which fall under the jurisdiction of units within the cantonal administration.

2 The single-window service is empowered to provide information, receive applications, process files, make standardized decisions, issue permits, ensure the execution of decisions, and conduct various financial operations with the citizens on behalf of the cantonal administration units. This is done in derogation of the special legislation related to the seat of authorities and their competencies, as well as certain rules related to practical procedures concerning the provision of services.

3 It may specifically perform tasks related to the following administrative units

a) the Tax Service, particularly the Revenue and District Administration;

b) the Population Service;

c) the Office of Debt Collection and Bankruptcy.

4 The Government shall issue the necessary implementation provisions by ordinance. It shall define each task assigned to the single-window service. It may also add to the list of administrative units whose tasks are assigned to it.

1 Subject to the conclusion of an agreement as per paragraph 2, the single window and the administrative units to which tasks are entrusted are authorized to process, including possibly through online communication, documents and information subject to official secrecy and likely to contain personal data, including sensitive information. The same applies to documents and information subject to tax secrecy containing tax data.

2 The State Chancellery and the administrative unit to which tasks are entrusted by the single window shall establish a subcontracting agreement that frames the processing mentioned in paragraph 1, specifically regulating the following elements

a) the categories of data and documents concerned;

b) the methods of data transmission;

c) the purpose of processing;

d) data security;

e) access limitations;

f) data retention period; and

g) archiving.

3 Any person collaborating, in any capacity, within the single window and who may become aware of the contents of the documents and information mentioned in paragraph 1 is subject to official secrecy and cantonal data protection rules. When the document or information concerns tax data, the person is further subject to the same obligations as the collaborators of the tax authorities.

**Entry into Force**

The entry into force of this law repeals any contrary provisions of the existing legislation in the Republic and Canton of Jura.

This law is submitted to the people.

The Government shall determine the date of entry into force of this law.