Subject Matter (CLAG)

1. This Law Regulates

a. The guidance and consultation of the municipality of Clavaleyres by the cantonal administration regarding the deliberations of its merger with the Fribourg municipality of Murten,

b. The conduct of a referendum by the municipality of Clavaleyres on its merger with the Fribourg municipality of Murten, and

c. Any potential transition from the Canton of Bern to the Canton of Fribourg.

1. For the municipal vote, the cantonal municipal legislation as well as the cantonal legislation on political rights are applicable, insofar as this law does not contain any differing provisions.

2. Articles 4 paragraphs 2 and 3, as well as Articles 4b to 4l of the Municipal Act of March 16, 1998 (GG) concerning the merger of municipalities, are not applicable.

1. The accompaniment and counseling pursuant to Article 1, paragraph 1, letter a, are provided free of charge by the respective competent authority of the Directorate of Internal Affairs and Justice and the State Chancellery.

2. Not applicable are Article 34 of the Act of November 27, 2000, on Financial and Burden Equalization (FILAG) as well as the provisions of the Act of November 25, 2004, on the Promotion of Municipal Mergers (Municipal Merger Act, GFG), particularly concerning the granting of financial assistance after a merger has been completed.

1. This law authorizes the municipality of Clavaleyres to conduct a vote on its merger with the municipality of Murten and the necessary transition to the canton of Fribourg for the execution of the merger.

2. The vote shall take place at the ballot box.

The modalities of the merger are to be recorded in advance in an intercommunal agreement by the municipalities involved.

The content of the agreement is governed by the law of the Canton of Fribourg.

The dispatch of members from the district of Clavaleyres to the General Council and the Municipal Council of Murten is governed by the relevant special law of the Canton of Fribourg.

The competent authority of the Directorate of the Interior and Justice examines the agreement prior to the vote for its conformity with the law of the Canton of Bern.

1. The vote takes place simultaneously with that of the municipality of Murten.

2. If the municipalities do not agree on a date, the governments of the two cantons shall set it.

The eligible voters of the municipality of Clavaleyres are presented with the following question for a vote: "Do you agree to the merger of the municipality of Clavaleyres with the municipality of Murten and the necessary transfer of the municipality of Clavaleyres to the canton of Fribourg for the execution of the merger?"

The initiation of the cantonal procedure for a cantonal change is contingent upon the legally binding approval of both municipalities to the merger.

1. The change of the territory of the Canton of Bern, resulting from the transfer of the municipality of Clavaleyres to the Canton of Fribourg, is the subject of an inter-cantonal agreement to be concluded between the Canton of Bern and the Canton of Fribourg (Territorial Change Concordat).

2. The Territorial Change Concordat regulates the territorial change. It takes into account the inter-municipal agreement decided by the municipalities.

1. The Territorial Modification Concordat is jointly drafted by the governments of the cantons of Bern and Freiburg.

2. It is submitted to the Grand Council of the canton of Bern for approval and is subject to mandatory referendum (Art. 61 para. 1 let. d of the cantonal constitution).

3. If the decision on the territorial modification is also subject to a referendum in the canton of Freiburg, the referendums in both cantons will take place on the same day. The date of the referendum is determined by the two governments.

1. Subsidiary modalities of territorial change are regulated by the governments in an inter-cantonal execution agreement.

1. The municipality of Clavaleyres must be consulted before the conclusion of the territorial change concordat and the inter-cantonal implementation agreement.

If the Concordat on Territorial Changes is approved in both cantons, the Executive Council shall submit this territorial change to the Federal Assembly for approval.

If the Concordat on Territorial Changes is rejected in one or both cantons, the process shall end, and the merger of the municipality of Clavaleyres with the municipality of Murten as well as the change of canton shall not be executed.

Upon approval by the Federal Assembly, the governments of the two cantons shall set the date for the transfer of the municipality of Clavaleyres to the canton of Fribourg.

1. Upon the change of canton, the municipality of Clavaleyres shall be merged with the municipality of Murten in accordance with the inter-municipal agreement on the merger and pursuant to the law of the canton of Fribourg.

1. The Executive Council is authorized to make the formal and editorial adjustments to the provisions in the cantonal legislation with regard to the municipality of Clavaleyres at the time of the change of canton.

1. The Executive Council determines the date of entry into force.

2. It repeals this law,

a) if one or both municipalities have rejected the merger,

b) if one or both cantons have rejected the territorial change concordat,

c) if the Federal Assembly has not approved the territorial change,

d) as soon as the cantonal change has been completed and the merger has been implemented.