CH-BE
Performance Goals (SSTG)
Table of Provisions (82)
Statutory Text (82 Articles)
1. This law establishes a special statute for the population of the Bernese Jura, intended to allow them to
a) preserve their identity within the canton and strengthen their linguistic and cultural distinctiveness, and
b) actively participate in the cantonal political life.
2. It aims to promote bilingualism in the administrative district of Biel/Bienne and strengthen the situation of its French-speaking population as a linguistic and cultural minority.
3. It also aims to contribute to the strengthening of cantonal cohesion.
1. This law establishes
a) the Bernese Jura Council (BJR) [Conseil du Jura bernois, CJB], which exercises the powers conferred upon it by the special statute for the population of the Bernese Jura,
b) the Council for French-speaking Affairs of the Biel/Bienne Administrative District (RFB) [Conseil des affaires francophones de l'arrondissement de Biel/Bienne, CAF], which exercises the special powers conferred upon the French-speaking minority of the Biel/Bienne Administrative District.
The BJR consists of 24 members, who are elected for a term of four years.
It is elected through a proportional representation system.
The election takes place concurrently with the regular general renewal elections of the Grand Council.
1. The administrative region of Bernese Jura constitutes the electoral district.
2. ...
3. The rules applicable to the elections for the Grand Council, as established by the legislation on political rights, apply to the electoral procedure and the allocation of seats.
1. Eligible to vote and be elected are
a) those entitled to vote in cantonal matters with residence in the administrative region of Bernese Jura,
b) Swiss citizens abroad whose voting community, according to Article 18 of the Federal Act of September 26, 2014, on Swiss Persons and Institutions Abroad (Swiss Abroad Act, SAA)[[2]](#enumeration_itemtext_content_fn_3224418_2_2_c), is located in the administrative region of Bernese Jura.
2. ...
1. The General Secretariat of the BJR (Art. 12) convenes the inaugural meeting of the BJR after the election has been validated.
2. The eldest member of the council presides over the inaugural meeting.
1. The BJR makes its decisions by the majority of the votes cast.
2. In the event of a tie, the President shall have the deciding vote.
1. The BJR cannot simultaneously include
a) the members of the Government Council,
b) the members of the cantonal judicial authorities,
c) the staff of the cantonal central administration,
d) employees of the financial audit.
1. The BJR elects from among its members a president, a vice president, and two additional members annually. Together, they form the executive committee.
2. It ensures that the existing political groups are adequately represented in the executive committee.
1. The BJR shall establish its organization and the compensation of its members in a regulation.
**The Members of the BJR Recuse Themselves in Directly Related Matters**
The members of the BJR recuse themselves in cases that directly concern them. They are particularly directly affected if they can derive a direct and personal benefit from a matter or suffer a disadvantage.
The obligation to recuse applies to the preparation, discussion, and decision-making in the commissions and in the plenary session. The recusal is recorded in the minutes.
In contentious cases, the BJR decides.
1. The BJR has a General Secretariat located in the Bernese Jura; it determines the location of its headquarters.
2. It appoints the Secretary General. The Secretary General appoints the other staff members.
3. The Secretary General and the other staff members are employed according to the provisions of cantonal personnel legislation. They work under the instructions of the BJR and are administratively attached to the State Chancellery.
4. The BJR defines the duties of the General Secretariat in regulations.
1. The BJR submits an annual activity report to the Government Council, the Audit Committee, and the Commission for State Policy and External Relations.
1. The Canton shall provide the BJR and its General Secretariat with the financial resources necessary for their operation.
2. These resources shall be determined based on the financial capabilities of the Canton and shall be included in the budget of the State Chancellery.
1. The BJR (Bernese Jura Council) grants, in place of the Directorate of Education and Culture or one of its subordinate bodies, state contributions from the Cultural Promotion Fund to cultural activities in the Bernese Jura or with a special reference to the Bernese Jura, provided that the contribution does not serve projects of national, inter-cantonal, or cantonal-wide significance, except for inter-Jurassic projects.
2. If the amount of the state contribution in prospect exceeds the authority of the Directorate of Education and Culture, the BJR forwards the matter with a proposal to the relevant authority to the Directorate. Paragraph 3 remains reserved.
3. The BJR decides in place of the Government Council on service agreements with cultural institutions pursuant to Article 22 of the Cantonal Cultural Promotion Act of June 12, 2012 (CCPA), which are located in the Bernese Jura. It decides on the service agreements at the same time as the associated expenditures. It may deviate from the cost distribution according to Article 19 CCPA, provided the competent bodies of the local municipality and the regional organizations of the municipalities agree.
1. The BJR conducts the administrative procedure in collaboration with the competent authority of the Directorate of Education and Culture, which may submit applications.
2. It consults the RFB if the matter also concerns the French-speaking population of the Biel/Bienne administrative district.
1. An allocation of the Canton’s financial resources is available annually for cultural promotion in the Bernese Jura.
2. The allocation is determined by the proportion of the Bernese Jura in relation to the total population of the Canton.
The administrative management of affairs is the responsibility of the competent authority of the Education and Culture Directorate.
1. The BJR acts in place of the Directorate of Security for applications originating from the Bernese Jura regarding contributions from the Lottery Fund or the Sports Fund.
1a
The provisions of Article 50, Paragraph 2, and Article 66, Paragraph 1 of the Cantonal Gambling Act of June 10, 2020 (KGSG) remain reserved.
1b
The BJR issues its contribution decisions based on a sports policy concept for the Bernese Jura, which it develops in collaboration with the competent body of the Directorate of Security.
2. If the amount of the anticipated contribution exceeds the expenditure authority of the Directorate of Security, the BJR forwards the matter with a proposal to the competent authority to the Directorate.
1. The BJR (Bernese Jura Region) is entitled annually to a portion of the lottery fund revenues as well as a portion of the sports fund revenues, corresponding to the population share of the Bernese Jura in the total cantonal population.
1a
...
2. Contributions pursuant to Article 19 are deducted from the shares allocated to the BJR according to paragraph 1, unless their amount falls under the expenditure authority of the Grand Council.
1. Articles 16 and 18 shall apply mutatis mutandis to the procedure and the administration of business.
The BJR may transfer amounts between the lottery fund, the sports fund, and the cultural promotion fund once a year, provided these are amounts from lottery profits allocated to the Bernese Jura according to Article 40 paragraphs 2 and 3 of the KGSG.
1. The transfer of amounts from one fund to another must correspond to the subsidy requirements of the relevant areas in the Bernese Jura.
2. It must not result in the annual allocation of a fund assigned to the Bernese Jura being reduced by more than half compared to the allocation determined by the Executive Council in accordance with Article 41 of the Municipal and Regional Governance Act (KGSG).
3. The BJR submits its transfer decisions to the Executive Council for formal approval after consulting with the Security Directorate and the Directorate of Education and Culture.
1. The maximum percentages established in Article 41 paragraphs 1 and 2 of the KGSG do not apply when amounts are transferred between the funds pursuant to Article 21a.
1. The BJR issues its contribution decrees based on a concept for a general cultural policy.
2. For the development of this concept, it may involve the competent authorities of the cantonal administration.
1. As an organ representing the Bernese Jura, the BJR is authorized to directly liaise with the administrative offices of member cantons of the Intercantonal Conference of Educational Directors of Western Switzerland and Ticino (EDK/SR+TI) on matters of school coordination with the French-speaking Switzerland and the Canton of Jura.
2. In matters of school coordination with the French-speaking Switzerland and the Canton of Jura that fall within the jurisdiction of the Directorate of Education and Culture, the BJR and the RFB decide jointly.
1. The BJR and the RFB handle the affairs in collaboration with the competent authorities of the Education and Culture Directorate, which may submit applications.
2. The administrative management of the affairs is the responsibility of the competent authorities of the Education and Culture Directorate.
1. The BJR and the RFB issue a joint regulation governing their relationship and cooperation.
1. The BJR nominates the representatives from the Bernese Jura for the following institutions with binding authority
a **\* Commissions established by legislation in the areas of secondary education, vocational training, and career counseling,
b **\* French-speaking commissions established by legislation on cultural promotion,
c Board of Directors of the Interregional Training Center,
d Bodies of the "Fondation Mémoires d’Ici" Foundation,
e Joint inter-Jurassian institutions,
f Cross-border institutions,
g **\* ...
1. As the body representing the Bernese Jura, the BJR is authorized to communicate directly with the administrative authorities of neighboring cantons and regions, particularly those of the Jura Arc, provided that the matters concern language, culture, or the administration of joint institutions.
2. The BJR or its Secretary General supports the State Chancellery in its activities related to regional and inter-cantonal French-speaking stakeholders.
The BJR is authorized to engage directly with the government of the Jura canton in matters concerning joint institutions of the cantons of Bern and Jura.
1. The BJR informs the Executive Council and the RFB in advance about its cross-border relations and keeps them updated on its actions.
2. It consults the RFB in advance if the French-speaking minority in the Biel/Bienne administrative district is affected or if the RFB requests it.
1. The decision-making authority in each case lies with the competent cantonal authority.
**1. Political Participation Relates to the Following Matters:**
a) Amendments to the Cantonal Constitution,
b) Enactments pursuant to Articles 2 to 4 of the Publications Act of January 18, 1993 (PuG), provided they are the subject of a consultation procedure or specifically affect the Bernese Jura,
c) Fundamental decisions of the Grand Council,
d) Grand Council resolutions regarding expenditure authorizations, granting of concessions, or acknowledgments of reports, provided they specifically affect the Bernese Jura,
e) The arrangement of municipal mergers in accordance with Article 108, Paragraph 3 of the Cantonal Constitution, insofar as municipalities from the Bernese Jura are affected,
f) Government Council resolutions, provided they specifically affect the Bernese Jura,
g) Matters determined by ordinance within the jurisdiction of the directorates,
h) Appointment decisions specified by ordinance concerning employees of the cantonal administration, whose primary role, based on organizational legislation, involves handling matters at the executive level that affect the Bernese Jura.
**Political Participation**
Political participation includes the right of the BJR to provide an opinion on a matter in the sense of Article 31 and to submit proposals. The BJR can, on its own initiative, submit proposals to the competent authority on matters of general interest concerning the Bernese Jura.
1. Proposals that are subject to political participation are submitted to the BJR as a draft by a directorate, the state chancellery, or a parliamentary commission.
2. The BJR's opinion and proposal are communicated to the competent authority responsible for the decision, in a section of the report on the relevant proposal.
3. The government council regulates the further details of exercising political participation by ordinance.
1. The Government Council may assign the fulfillment of a cantonal task to the BJR upon its request, provided that this task
a) falls under the responsibility of a directorate or the State Chancellery,
b) is regulated in an ordinance, and
c) concerns the special status as defined in Article 5 of the Cantonal Constitution.
2. The BJR consults the appropriate directorate or the State Chancellery before submitting its request to the Government Council.
3. It also consults the RFB if the French-speaking minority of the Biel/Bienne administrative district is affected.
1. If the Executive Council complies with the request of the BJR, it regulates the fulfillment of the respective task by ordinance and allocates the necessary financial means to the BJR for the fulfillment of this task.
2. If the French-speaking minority of the administrative district of Biel/Bienne is affected by the assigned task, the ordinance regulates the inclusion of the RFB in the fulfillment of this task.
3. If the Executive Council deems that the assignment of a task is not appropriate, it can, by ordinance, provide that the BJR is involved in the fulfillment of this task by the respective directorate or the State Chancellery.
1. The RFB comprises a maximum of 18 members residing in the administrative district of Biel/Bienne.
2. Thirteen members reside in Biel or Leubringen. At least nine of them are French-speaking according to the voters' register entry.
3. A maximum of five members reside in one of the German-speaking municipalities of the administrative district of Biel/Bienne. They must come from at least three different municipalities.
1. The members representing the municipality of Biel/Bienne are elected by the eligible voters of Biel or by the Biel City Council. The municipality stipulates the electoral body and the electoral procedure in a regulation.
2. The members representing the municipality of Leubringen are elected by the eligible voters of Leubringen. The municipality stipulates the electoral procedure in a regulation.
3. The members representing the German-speaking municipalities of the administrative district of Biel/Bienne are elected by the association seeland.biel/bienne. The association stipulates the electoral procedure in a regulation.
4. The State Chancellery allocates a lump sum to the association seeland.biel/bienne every four years for the preparation and execution of the elections.
1. The Term of Office of the Members of the RFB Corresponds to That of the Members of the BJR.
The General Secretariat of the RFB convenes the inaugural meeting of the RFB.
The eldest member of the council presides over the inaugural meeting.
The RFB elects a President and a Vice President from among its members.
1. The RFB makes its decisions by a majority of the votes cast.
2. In the event of a tie, the President has the casting vote.
For the members of the RFB, the provisions concerning the duty to recuse as per Article 11 apply.
1. The RFB establishes its organization and the compensation of its members in a regulation.
1. The RFB has a General Secretariat based in Biel.
2. It appoints the Secretary-General, who is employed according to the provisions of cantonal personnel legislation.
3. The Secretary-General works under the directives of the RFB and is administratively affiliated with the State Chancellery.
4. The RFB establishes the functions of the General Secretariat in a regulation.
1. The RFB annually submits an activity report to the Government Council, the Audit Committee, and the Committee on State Policy and Foreign Affairs.
2. It also submits the report to the municipal councils of those municipalities that have entrusted it with the fulfillment of a task.
1. The canton provides the RFB and its General Secretariat with the financial resources necessary for their operation.
2. These funds are determined based on the financial capabilities of the canton and are included in the budget of the State Chancellery.
1. The individual municipalities of the administrative district of Biel/Bienne participate in the financing of the RFB and its General Secretariat, provided they assign tasks to them.
1. With regard to business related to school coordination with French-speaking Switzerland and the Canton of Jura, the RFB possesses the same powers as the BJR (Art. 23), which are exercised jointly by both councils.
2. Resolutions pursuant to Article 23, paragraph 2, are adopted by both councils in a joint session and require a double majority in both councils. If the two councils cannot reach an agreement, the Department of Education and Culture shall decide.
1. The Political Participation of the RFB Relates to
a **\* the matters mentioned in Article 31, paragraph 1, letters a to g, insofar as they particularly affect the French-speaking population of the administrative district of Biel/Bienne,
b **\* matters related to the granting of state contributions to cultural activities in the administrative district of Biel/Bienne,
c **\* matters related to the granting of contributions from the lottery fund, the sports fund, or the cultural promotion fund, insofar as they relate to the administrative district of Biel/Bienne,
d **\* appointment decisions pursuant to Article 31, paragraph 1, letter h, where the primary task of the person to be appointed is to handle matters at the management level that affect the administrative district of Biel/Bienne,
e **\* appointments of persons from the administrative district of Biel/Bienne who represent the canton in bodies according to Article 26, paragraph 1, letters a, b, and f,
f **\* matters related to the application of the Federal Act of 5 October 2007 on the National Languages and Understanding between the Linguistic Communities (Languages Act, SpG)[[6]](#enumeration_itemtext_content_fn_3224448_2_6_c).
2. The RFB can request to be heard by the BJR.
3. Articles 32 and 33 apply mutatis mutandis with respect to the content and exercise of political participation by the RFB.
1. The municipalities of the administrative district Biel/Bienne may designate the RFB as their contact person, who represents the French-speaking minority of the administrative district Biel/Bienne within the scope of their consultations and hearing procedures.
1. The canton maintains decentralized organizational units with French-speaking personnel to fulfill tasks for the benefit of the French-speaking population of the administrative districts of Bernese Jura and Biel/Bienne, particularly in the following areas
a *** Municipal Affairs and Spatial Planning,
b *** French-speaking Coordination within the Directorate of Education and Culture,
c *** Monument Preservation,
d *** Civil Protection, Sports, and Military,
e *** Taxes,
f *** Economic Promotion.
2-3
...
1. Every person may address the authorities responsible for the administrative district of Biel/Bienne in the official language of their choice.
The canton may support institutions and projects that are of particular importance for the protection and promotion of bilingualism.
1. The municipalities of Biel/Bienne and Leubringen shall take into account bilingualism in the execution of their duties and may implement measures to ensure the protection and promotion of bilingualism.
1. The Foundation "Fondation Mémoires d’Ici" contributes to the preservation of the Bernese Jura identity by fulfilling the following tasks in particular
a) Conservation and classification of all elements of the historical and cultural heritage of the Bernese Jura,
b) Operation of a documentation center on the history and culture of the Bernese Jura,
c) Research and support of research work in the foundation's fields of activity,
d) Collection of private and association archives concerning the Bernese Jura.
2. The details regarding the tasks and financing of the foundation, the representation of the canton in the foundation's bodies, as well as the supervision, are regulated in a performance contract with the government council.
1. Municipalities of the Bernese Jura may delegate the fulfillment of municipal tasks to the BJR to ensure efficient task performance.
2. The procedure and form of task delegation are determined by municipal legislation.
1. The Regional Initiative is a popular initiative whose request must relate to the identity, linguistic, or cultural characteristics of the Bernese Jura.
2. Unless otherwise provided by this law, the provisions applicable to popular initiatives in the Cantonal Constitution and the Law on Political Rights (PRG) of June 5, 2012[7] shall apply to regional initiatives.
1. The regional initiative concerns the same subjects that are permissible for the popular initiative (Art. 58 para. 1 of the Cantonal Constitution[8]), with the exception of requests for a total revision of the Cantonal Constitution.
1. Before the commencement of the signature collection, the State Chancellery shall examine whether the regional initiative is valid in terms of its association with the identity or the linguistic or cultural distinctiveness of the Bernese Jura, and shall issue a non-binding opinion for the initiative committee.
A regional initiative is established if the request is signed by 2,000 eligible voters from the Bernese Jura within six months.
1. As part of the examination of the validity of an initiative (Art. 59 of the Cantonal Constitution), the Grand Council declares a regional initiative invalid if the request is not related to the identity, linguistic, or cultural characteristics of the Bernese Jura.
1. The municipalities and mixed municipalities of the Bernese Jura, as well as the municipalities of Biel/Bienne and Leubringen, may merge to specifically ensure the connection among themselves and the connection to the BJR, the RFB, and the delegation of the French-speaking members of the Grand Council.
2. The organization founded pursuant to paragraph 1 shall establish, in collaboration with the BJR and the RFB, the modalities of their cooperation and the coordination of their duties with respect to the cantonal authorities.
1. The canton may provide financial assistance to the following media
**a\*** regional or local media in the Bernese Jura,
**b\*** regional or local French-speaking or bilingual media in the administrative district of Biel/Bienne.
2. The definition of media is governed by Article 2b of the Law of November 2, 1993, on Information and Media Promotion (IMG)[[10]](#paragraphtext_content_fn_5207647_2_10_c).
1. Financial aid can only be granted if
a. a significant portion of the municipalities within the service area also financially supports the media offering in question,
b. the media offerings primarily serve to inform and contribute to the formation of public opinion, and
c. the informative content of the media offerings is of general interest and specifically relates to public affairs of the canton and the municipalities.
2. It is granted annually.
3. There is no entitlement to financial aid.
1. The amount of the annual financial aid for a media offering must not exceed either the expenditure authority of the government council or the total sum of the contributions provided by the municipalities of the relevant supply area.
1. The application for the granting of financial aid must be submitted by the media provider to the State Chancellery.
2. The application must be accompanied by the budget, the operating account, and the business plan of the media provider.
3. The governing council determines the amount of the financial aid.
The canton may grant financial assistance to a statistical office of the Bernese Jura for the creation of statistics about the Bernese Jura.
1. The canton may grant contributions in the form of compensation to umbrella organizations in the Jura Arc that are active in the fields of development and cooperation.
2. The contribution is granted annually as a lump sum.
3. There is no entitlement to a contribution.
The amount of the annual contribution may not exceed the spending authority of the government council.
1. Article 66 applies mutatis mutandis.
1. The canton may grant financial contributions to umbrella organizations in the Bernese Jura that are active in the areas of economic development and promotion of the Bernese Jura.
2. The contributions are granted based on a service contract and may be used
a) for operating expenses of the umbrella organization,
b) as development aids for projects.
3. They are subsidiary and must be coordinated with other benefits.
4. There is no entitlement to financial assistance.
1. Contributions can only be granted if at least three-quarters of the municipalities in the Bernese Jura also provide financial assistance.
2. Contributions pursuant to Article 67d paragraph 2 letter b are granted for a maximum duration of five years.
3. The umbrella organizations entitled to contributions must ensure that their activities also benefit the interests of the French-speaking population of the Biel/Bienne administrative district.
1. Article 66, paragraphs 1 and 2, apply mutatis mutandis.
1. The Government Council shall issue the necessary implementing provisions.
1. For the procedure and legal protection, the Act of May 23, 1989, on Administrative Jurisdiction (VRPG) applies.
2. Diverging provisions of the State Contributions Act of September 16, 1992 (StBG) regarding legal jurisdiction are not applicable.
1. The Regional Council shall be dissolved upon the constitution of the Bernese Jura Council.
2. The Secretariat of the Regional Council shall perform its functions until the establishment of the Secretariat-General of the Bernese Jura Council.
1. The Bernese Jura Council takes over the pending files of the Regional Council.
2. It also assumes the budget of the Regional Council until the end of the current year.
1. The following enactments are amended
1. Law of 5 May 1980 on Political Rights (PRL)[[13]](#enumeration_itemtext_content_fn_3224466_2_13_c)
2. Law of 8 November 1988 on the Grand Council (Grand Council Act, GCA)[[14]](#enumeration_itemtext_content_fn_3224467_2_14_c)
3. Law of 9 April 2003 on the Interregional Training Center (ITCL)[[15]](#enumeration_itemtext_content_fn_3224468_2_15_c)
4. Lottery Law of 4 May 1993[[16]](#enumeration_itemtext_content_fn_3224469_2_16_c)
1. The Act of January 19, 1994, on Enhancing the Political Participation of the Bernese Jura and the French-speaking Population of the Biel Administrative District (Act on Political Participation, MBJG) (BSG 104.1) is repealed.
1. This law shall enter into force on January 1, 2006.