Legislator · Canton of Bern — Cantonal Legislation
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105.235.1-1 CH-BE

Subject Matter

10 Articles / Provisions · Canton of Bern — Cantonal Legislation
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Table of Provisions (10)

Art. 1 Implementation Agreement between the Cantons of Bern and Jura in Connection with the Change of Canton of the Municipality of Moutier Concerning the Evangelical Reformed Parish of Moutier (Implementation Agreement No. 1) Art. 2 Execution Agreement between the Cantons of Bern and Jura in Connection with the Change of Canton of the Municipality of Moutier Concerning the Evangelical-Reformed Parish of Moutier (Execution Agreement No. 1) Art. 3 Implementation Agreement between the Cantons of Bern and Jura in connection with the Cantonal Change of the Municipality of Moutier regarding the Evangelical-Reformed Parish of Moutier (Implementation Agreement No. 1) Art. 4 Implementation Agreement between the Cantons of Bern and Jura in Connection with the Change of Canton of the Municipality of Moutier concerning the Evangelical Reformed Parish of Moutier (Implementation Agreement No. 1) Art. 5 Implementation Agreement between the Cantons of Bern and Jura in Connection with the Canton Change of the Municipality of Moutier Concerning the Evangelical Reformed Church Community of Moutier (Implementation Agreement No. 1) Art. 6 Implementation Agreement between the Cantons of Bern and Jura in Connection with the Canton Change of the Municipality of Moutier concerning the Evangelical Reformed Parish of Moutier (Implementation Agreement No. 1) Art. 7 Implementation Agreement between the Cantons of Bern and Jura in Connection with the Change of Canton of the Municipality of Moutier Regarding the Evangelical Reformed Parish of Moutier (Implementation Agreement No. 1) - Church Withdrawals Art. 8 Execution Agreement between the Cantons of Bern and Jura in Connection with the Change of Canton of the Municipality of Moutier concerning the Evangelical-Reformed Parish of Moutier (Execution Agreement No. 1) - Legal Proceedings Art. 9 Implementation Agreement between the Cantons of Bern and Jura in Connection with the Change of Canton of the Municipality of Moutier concerning the Evangelical Reformed Parish of Moutier (Implementation Agreement No. 1) - Proactive Measures Art. 10 Implementation Agreement between the Cantons of Bern and Jura in Connection with the Transfer of the Municipality of Moutier Regarding the Evangelical Reformed Church Community of Moutier (Implementation Agreement No. 1)

Statutory Text (10 Provisions)

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1. This agreement contains the provisions that regulate the impact of the transfer of the municipality of Moutier to the Canton of Jura on the Evangelical Reformed Church in the Canton of Bern and the Evangelical Reformed Church in the Canton of Jura (hereinafter: Churches) as well as on the Evangelical Reformed Parish of Moutier (hereinafter: Reformed Parish of Moutier).

2. It specifically provides that the Churches shall independently conclude an agreement.

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1. The churches regulate the effects of the municipal change of Moutier on the Reformed Church congregation of Moutier in an agreement.

2. This agreement is subject to the approval of the Executive Council of the Canton of Bern and the Government of the Canton of Jura.

3. If necessary, individual provisions of the agreement may come into force upon the entry into force of this agreement.

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1. From the time of the transition of the municipality of Moutier to the canton of Jura (hereinafter: time of the cantonal change), the Reformed Church congregation of Moutier shall be constituted as a cross-border church congregation.

2. It shall include all persons of the Evangelical-Reformed denomination from the following municipalities

a. In the canton of Jura: municipality of Moutier

b. In the canton of Bern: mixed municipalities of Belprahon and Roches, municipalities of Perrefitte, Seehof, and Schelten

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1. From the time of the change of canton, the organization and financial order of the Reformed Church congregation of Moutier shall be governed by the law of Jura, subject to Article 9.

2. In the agreement according to Article 2, the churches determine the applicable law for voting and election rights as well as pastoral service relationships.

3. The law applicable to the cantonal supervision of the Reformed Church congregation of Moutier depends on the law that applies to the respective subject matter.

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1. The Cantons of Bern and Jura levy the church tax of natural persons residing in the jurisdictional area of the Reformed Parish of Moutier, in accordance with their respective laws. They transfer the collected church taxes to the Reformed Parish of Moutier.

2. The Cantons of Bern and Jura levy the church tax of legal entities located in the jurisdictional area of the Reformed Parish of Moutier, in accordance with their respective laws. They transfer the collected church taxes to the Reformed Parish of Moutier or to the Evangelical Reformed Church of the Canton of Jura.

3. The share of the Bernese and Jura church taxes from legal entities is determined considering the denomination of all parish members of the respective parish.

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1. The tax rate for the Jura part and the tax assessment for the Bernese part of the Reformed Church Municipality of Moutier shall be determined separately by the competent authority in accordance with the applicable cantonal legislation.

2. When determining the tax rate and tax assessment, it must be ensured that the overall tax burden is equally high in both cantons.

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1. For church exits submitted before the time of the cantonal change, the related Bernese law applies, and the Bernese authorities are responsible for adjudicating disputes that may arise from them.

2. For church exits submitted from the time of the cantonal change onwards, the related Jura law applies, and the Jura authorities are responsible for adjudicating disputes that may arise from them.

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1. The administration of justice is governed by the applicable law.

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1. Upon the entry into force of this agreement, the Reformed Parish of Moutier is entitled to adapt its organizational regulations and adopt its financial plan and budget according to the applicable law as per Article 4, Paragraph 1, with the entry into force occurring no earlier than the date of the cantonal change. Voting rights, jurisdiction, and procedures are also governed by this law.

2. Upon the entry into force of this agreement, the Reformed Parish of Moutier is entitled to elect its own authorities and its members in the assembly of the Evangelical Reformed Church of the Canton of Jura according to the applicable law as per Article 4, Paragraph 2. They may assume their office no earlier than the date of the cantonal change. Voting and election rights, jurisdiction, and procedures are also governed by this law.

3. Subject to Paragraph 2, the members of the authorities of the Reformed Parish of Moutier will continue their mandate and will be considered validly elected under Jura law until the expiration of their current term of office at the time of the cantonal change.

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This agreement shall enter into force on January 1, 2025.

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