**General Provisions - Duties of the Grand Council** (GRG)

1. The Grand Council fulfils the tasks assigned to it by the constitution and law. It makes the political key decisions of the canton, subject to the rights of the people.

1. This law specifically regulates

a. the rights and duties of the members of the Grand Council (Council members),

b. the organization and tasks of the Grand Council,

c. the relationships between the Grand Council and the Executive Council, as well as between the Grand Council and the supreme judicial authorities, the Public Prosecutor's Office, and the judicial administrative management,

d. the procedures within the Grand Council.

2. It establishes the framework conditions for an efficient operation of the Council.

1. The Grand Council shall enact rules of procedure for the operation of the council and for the detailed implementation of the provisions of this law.

The Grand Council exercises supreme oversight over the Executive Council, the administration of the highest courts, the Office of the Attorney General, the Directorate of Judicial Administration, as well as over the administration and other public duty bearers.

The purpose of the supreme oversight is the political control of state activities by the Grand Council.

It extends to all actions and omissions of the bodies being overseen.

It respects the principle of separation of powers and does not include, in particular, the authority to act in place of the supervised bodies, to alter or annul decisions, nor to conduct a substantive review of judicial decisions.

1. The term of office for the Grand Council (Legislature) lasts from June 1 of the year of the regular general elections until May 31 of the fourth subsequent year.

2. The official year begins with the constitution of the Grand Council. Until then, the Grand Council of the expiring term and its organs remain in office.

1. The Grand Council assembles upon the invitation of its bureau for the constituent meeting and appoints its bodies.

2. In the event of a regular complete renewal, the Grand Council constitutes itself at the beginning of the legislative term, while in the case of an extraordinary complete renewal, it does so no later than six weeks after the election day.

3. The senior president opens and presides over the meeting until the swearing-in of the new president of the Grand Council.

1. Members of the council may assume office only if their election remains uncontested or has been declared valid by a court.

2. The Grand Council officially determines the result of the general elections for the Grand Council based on the report of the Council of State on the complete renewal.

1. Each council member shall take the oath or vow following the official determination of the election result by the Grand Council (Art. 7).

2. Anyone who refuses to take the oath or vow shall forfeit the office.

1. Members of the Grand Council May Not Simultaneously Include

a) Members of the Executive Council,

b) Members of the Cantonal Judicial Authorities,

c) Personnel of the Central and Decentralized Cantonal Administration,

d) Employees of Financial Control.

1. The Grand Council meets periodically for regular sessions.

2. The President of the Grand Council, the office of the Grand Council, 40 members of the Council, or the Government Council may request the convening of the Grand Council for an additional session if the regular sessions are insufficient to handle the workload or if special events or developments require it.

1. The sessions of the Grand Council are generally public.

2. The Grand Council takes the necessary measures to protect the personal rights of third parties. It may decide, by a two-thirds majority of those voting, to hold confidential deliberations on a council matter to protect important state interests or for reasons of personal privacy. The deliberation on such a request is conducted in private.

3. Non-anonymized requests for clemency are deliberated secretly for reasons of personal privacy.

1. The meetings of the council bodies are generally not public.

2. Meetings of bodies that make final decisions based on special regulations are public.

1. The Grand Council and its bodies provide information about their activities, unless overriding public or private interests oppose such disclosure.

2. The Official Gazette of the Grand Council informs about the deliberations within the Grand Council.

3. The deliberations may be transmitted electronically.

1. The Council Members

a) deliberate and vote without instructions,

b) are free in their parliamentary expressions,

c) have the right to initiate, propose, and apply and can request to speak,

d) are entitled to all information suitable and necessary for the performance of their duties,

e) can form factions,

f) receive compensation.

1. Members of the Council

a) must disclose their conflicts of interest, subject to professional secrecy, upon entry into the Great Council and upon any changes in circumstances,

b) are obliged to attend the sessions of the Great Council and the Council bodies to which they belong,

c) must recuse themselves when they have a direct personal interest in a matter under discussion,

d) may be held accountable in the cases provided for by law,

e) are bound by official secrecy.

1. Council members shall be compensated for their parliamentary work. They shall also receive a contribution to cover the expenses incurred due to their parliamentary activities.

1. Members of the Grand Council are required to recuse themselves if they have a direct personal interest in a matter under consideration, particularly

a. if they themselves are candidates, except in elections for the organs of the Grand Council,

b. if a person close to them, as defined in Article 9 paragraph 1 letter c of the Law of May 23, 1989, on Administrative Procedure (VRPG)[[2]](#enumeration_itemtext_content_fn_2911958_2_2_c), is involved in the election.

2. There is no obligation to recuse oneself in the treatment of decrees and generally binding resolutions.

3. The obligation to recuse applies to the preparation, deliberation, and decision-making in the Grand Council and its organs.

4. In case of doubt, the Grand Council or the relevant council organ decides.

5. The affected member must leave the meeting room before deliberation and decision-making occur.

1. Members of the Council cannot generally be held accountable for their statements in the Grand Council and its committees.

2. In the case of a justified suspicion of breach of official secrecy, the Grand Council can lift the immunity. A corresponding request is submitted to the Council with a proposal from the Bureau of the Grand Council.

1. The bodies of the Grand Council are

a) the President of the Grand Council,

b) the Presidium of the Grand Council,

c) the Office of the Grand Council and its Executive Board,

d) the Tellers,

e) the Commissions and their Committees,

f) the Deputation.

1. The Grand Council elects the President of the Grand Council as well as the First Vice President and the Second Vice President. They form the Presidium of the Grand Council.

2. The election is conducted individually for a one-year term. Re-election to the same position without an interruption in time is excluded.

3. Due consideration must be given to the strength of the factions.

1. The President of the Grand Council is specifically responsible for

a) convening the sessions,

b) preparing and leading the deliberations in the Grand Council,

c) representing the Grand Council internally and externally.

2. He or she is represented by one of the Vice Presidents.

3. If all three members of the Presidium in the Grand Council are unable to perform their duties, the oldest serving Council member present assumes the leadership.

1. The Vice Presidents assist the President of the Grand Council in fulfilling their duties.

2. They provide advisory support to the President of the Grand Council, particularly in procedural matters, and undertake additional tasks assigned to them.

1. The Office of the Grand Council is the political and strategic leadership and coordination body.

2. It consists of the Presidency of the Grand Council, as well as the Presidents of the standing committees, the deputation, and the factions.

3. It has an executive board. This board is responsible for operational, organizational, and urgent management and coordination tasks.

4. The Secretary General of the Grand Council and the State Secretary typically participate in the meetings of the office and its executive board in an advisory capacity.

5. The office may invite a representative of the government council and individuals from the administration to attend its meetings.

1. The Grand Council elects five tellers for the duration of the legislative period. Re-election is permitted.

2. The Grand Council may, if necessary, elect additional tellers.

3. The tellers particularly undertake tasks during elections and voting conducted by the Grand Council.

1. The commissions perform the tasks assigned to them, prepare the council matters allocated to them, make the necessary clarifications, report to the Grand Council, and submit proposals to it.

1. The Grand Council recognizes standing and special committees.

2. Standing committees include the oversight committees, the committee for state policy and external relations, as well as the subject-specific committees.

3. The standing committees perform the tasks within their area of jurisdiction throughout the entire legislative period in accordance with the legislation of the Grand Council.

4. Special committees perform the tasks assigned to them by the Grand Council.

1. The committees may submit parliamentary motions, parliamentary initiatives, proposals for a matter, planning statements, reports, and other items for consideration to the Grand Council.

2. They possess the rights to information and investigative powers designated by this law.

3. They may form subcommittees. These report to the committee and may submit proposals to it.

1. The Grand Council has the following oversight committees

a) Finance Committee,

b) Business Audit Committee,

c) Justice Committee.

1. The Grand Council elects the members as well as the presidents of the standing committees. The office of the Grand Council appoints those of the special committees.

2. Committees may be expanded if legislation provides for it, in cases where the examination of council business of significant political importance is involved, or if an exceptional situation exists.

3. The composition of the committees and the allocation of committee presidencies are determined according to the strength of the factions in the Grand Council.

4. For the preparation of election matters, the competent committee is expanded by one member each from those factions that are not already represented in the committee.

5. The Grand Council elects two substitute members per faction for the Committee on State Policy and Foreign Relations as well as for the subject matter committees, or one substitute member for factions with only one committee member, who will assume the representation in case of inability to attend.

6. In the special committees, a member may be represented by a council member of the same faction.

The commissions coordinate their activities. They may establish joint committees, hold joint meetings, or define precise responsibilities through agreements.

One commission may request another to examine a specific issue in more detail or to take over a matter.

Oversight commissions may assume matters from a subject matter commission or a special commission.

A commission may provide another commission with an opinion on a matter. The opinion is given orally during a hearing or in writing as an additional report.

Furthermore, oversight commissions may submit motions to the Grand Council concerning matters of another oversight commission if the matter significantly affects their own activities and no agreement has been reached.

In case of disputes, the office decides in the cases of paragraphs 1 to 3, and the Grand Council decides in the case of paragraph 5.

1. The deputation consists of council members from the Bernese Jura and the French-speaking council members from the Biel-Seeland electoral district.

2. It represents in the Grand Council the concerns of the population of the Bernese Jura and the French-speaking population of the Biel-Seeland electoral district in matters that particularly affect them.

3. It has the right to request a separate vote count (deputation vote) for decisions of the Grand Council that particularly affect the Bernese Jura or the French-speaking population of the Biel-Seeland electoral district.

1. Five or more members of the Grand Council can form a parliamentary group (faction).

2. A member of the Grand Council cannot belong to more than one parliamentary group.

3. Council members of the same party cannot belong to different parliamentary groups.

The factions prepare the council affairs and the elections.

1. The Grand Council, its bodies, and its members are entitled under this law to all information that is suitable and necessary for the fulfillment of their duties.

2. The right to information is further governed by the information legislation.

**If a Council Member's Request for Information is Rejected**

If the request for information from a council member is denied, the member can appeal to the office of the Grand Council, which, after hearing from the council member and the government council, decides on the provision of information.

The request for information cannot be rejected on the grounds that it would cause disproportionate effort for the authority.

The right to information does not extend to facts that are subject to official secrecy.

1. The commissions and the committees appointed by them are authorized to perform their tasks as follows

a. to request from the government council or the responsible member of the government council the documents necessary for the fulfillment of their duties,

b. to inspect the documents referred to in the consultation materials submitted by the government council,

c. to invite the government council or the responsible member of the government council to provide information,

d. to interview persons in the service of the canton in accordance with Article 45, with the consent of the government council or the responsible member of the government council,

e. to conduct inspections, consult or commission experts, and to hear representatives of interested parties.

2. Co-reports are excluded from the right of inspection.

3. If a commission's right to information is insufficient to fulfill its duties, it may request a supervisory commission to clarify a specific question.

1. The supervisory commissions and the committees appointed by them are furthermore entitled within the scope of their activities to

a. demand resolutions from the governmental council and other related documents such as accompanying reports,

b. communicate directly with all authorities, offices, other entities carrying out public duties of the canton, as well as recipients of state contributions and either demand or review pertinent information and documents from them,

c. hear from individuals in the service of the canton according to Article 45, upon request without the presence of a member of a superior office and, in important cases, also after their departure from the canton’s service,

d. obtain information and receive documents from other individuals and offices, provided it is necessary for the exercise of supervisory oversight, with the right to refuse testimony as per Articles 160 et seq. of the Swiss Code of Civil Procedure of December 19, 2008 (Code of Civil Procedure, CPC)[[3]](#enumeration_itemtext_content_fn_2912023_2_3_c), applied accordingly,

e. conduct inspections and investigations within the cantonal administration,

f. have special audits carried out by the financial control department or other experts and seek consultation.

2. They make final decisions regarding the exercise of their information rights.

**Article 1: Oversight Commissions and Their Committees**

Oversight commissions and the committees appointed by them shall inform the government council in a timely manner about any measure according to Article 37, paragraph 1. They shall hear the government council upon its request before the release of files or the provision of information by persons serving the canton.

The government council may offer a commission a special report instead of file inspection or release if this is deemed essential to preserve official secrecy. The commission shall decide whether a report should be prepared and within what timeframe. If the report is not submitted within this period, the commission must be granted full access to the information without delay.

1. The commissions concerned with financial matters shall receive the resolutions of the government council concerning commitment and additional credits that fall within their jurisdiction, including the accompanying reports and notes.

2. The finance commission shall continuously receive the expenditure authorizations from the government council, including the accompanying reports, if a tied expenditure, were it to be new, would fall within the jurisdiction of the Grand Council.

1. Particular consideration must be given to the independence of the cantonal judicial authorities and the public prosecutor's office.

2. Information requests generally run through the judicial administration management.

3. Oversight committees may communicate directly

a) regarding the highest courts: with their court management,

b) regarding the other judicial authorities: after informing their supervisory bodies, with their management,

c) with the Attorney General or the Public Prosecutor, and after informing the supervisory bodies, with the public prosecutor's office.

4. Otherwise, the provisions of Articles 34 to 39 shall apply mutatis mutandis.

1. The Executive Council informs the Grand Council about the preparation of ordinances and amendments to ordinances.

2. Committees can request that a draft ordinance or amendment to an ordinance by the Executive Council be submitted to them for consultation.

1. The Government Council shall consult the competent council body in advance concerning planned expenditure decisions, new regulations, or amendments to regulations that are directly related to

a extraordinary situations (Art. 91 KV),

b crises, insofar as a consultation obligation exists pursuant to paragraph 2.

2. The consultation obligation pursuant to paragraph 1 letter b is triggered by notification from the Office of the Grand Council. It decides on this with a two-thirds majority of the voting members.

3. The Government Council shall subsequently report to the Grand Council on the measures taken by the canton in extraordinary situations and crises.

1. The President of the Grand Council may at any time inspect the records of the Executive Council.

1. Subject to Official Secrecy under the meaning of the law is anyone who, in their official or professional capacity, becomes aware of facts that must be kept secret to protect overriding public or private interests, safeguard personal rights, or due to considerations for ongoing proceedings.

2. These facts remain confidential even after the termination of the official or professional relationship.

3. The commissions shall take appropriate measures to ensure secrecy protection.

4. The supervisory commissions shall issue regulations containing instructions for secrecy protection.

1. Responsible for the release from official secrecy towards council bodies is the government council or the judicial administration management.

2. Official secrecy cannot be invoked in relation to supervisory commissions.

1. Persons in the service of the canton are the employees as defined in Article 3 of the Personnel Act of September 16, 2004 (PG) as well as other individuals entrusted with public-law tasks of the canton. The nature of the relationship with the canton is not decisive.

2. Persons in the service of the canton are obligated, within the framework of Articles 36 and 37, to provide complete and truthful information upon request and to identify all pertinent documents. The right to refuse testimony according to Article 160 et seq. of the Swiss Code of Civil Procedure applies accordingly.

3. No disadvantage may arise to the affected persons due to truthful statements made to a commission.

1. The Grand Council participates in political and strategic planning.

2. Within its area of competence, it can determine the direction of a matter in advance through a fundamental decision.

3. The responsibilities of the individual bodies are preserved.

1. The Grand Council approves emergency ordinances issued by the Executive Council (Art. 91 para. 1 sentence 2 of the Constitution) no later than six weeks after their adoption. The approval may be granted in whole or in part.

1. The Grand Council discusses the report on the guidelines of government policy in the first year of each legislative term.

2. These form the basis for the preparation of further reports and plans by the Executive Council.

1. The Grand Council annually approves the budget, which serves for the short-term management of finances and services.

2. It deliberates on the budget no later than November of the preceding year.

3. The committees tasked with preliminary discussions receive the budget at least two and a half months, and the Grand Council at least one month, before the start of the session.

4. The budget is a report. The financial aspect of the budget is considered as a resolution proposal from the Council of Ministers or the Justice Administration Management.

1. Submission of the Tasks and Financial Plan

The Executive Council and the Judicial Administration's leadership submit to the Grand Council annually a tasks and financial plan aimed at four years, including investment planning, which serves the medium-term management of finances and performance.

The tasks and financial plan links tasks and finances into an overall perspective and is revised annually as a rolling plan.

It is submitted to the commissions responsible for preliminary consultation and to the Grand Council simultaneously with the budget.

It is submitted to the Grand Council for approval. Parts of the tasks and financial plan that are not approved are returned to the Executive Council with the stipulations of the Grand Council, which must resubmit the tasks and financial plan to the Grand Council for approval within four months.

1. The Grand Council annually approves the annual report, which accounts for the administrative activities and financial conduct of the past year.

2. It generally deliberates on the annual report in June of the following year.

3. The relevant committees receive the annual report in advance.

1. Special Reports Shall Include

a) Specific Accountability Reports,

b) Planning Reports,

c) Reports on Specific Subjects.

1. Plans and reports of the Executive Council are submitted to the Grand Council for acknowledgment or, if the legislation provides, for approval.

2. The acknowledgment or approval can be granted in whole or in part.

3. The Grand Council may reject a plan or report in whole or in part.

4. The acknowledgment or approval can be supplemented with planning statements.

5. In the event of a rejection or disapproval of a plan or report, the matter is returned to the Executive Council with the stipulations of the Grand Council.

1. The planning declarations of the Grand Council may pertain to the entire business or specific parts thereof.

2. The Grand Council may amend proposed planning declarations.

3. The planning declarations of the Grand Council are to be listed at the beginning of the respective plan or report.

4. They are politically binding for the Executive Council. If the Executive Council does not fulfill a planning declaration, it must justify this to the Grand Council.

5. The Executive Council shall report on the status of the implementation of the planning declarations in the annual report.

The commissions may communicate directly with the directorates and the state chancellery within their respective areas of responsibility.

1. If commissions come to new findings or discover deficiencies in management or in the conduct of financial operations, they shall provide the affected authority an opportunity to comment.

2. Commissions may direct recommendations to the affected authority in a report. The report will be published unless there are overriding interests that warrant protection.

3. The report also includes the authority's response.

4. The affected authority shall inform the commission about the implementation of the recommendations.

1. The government council informs the commissions responsible for foreign relations early, continuously, and comprehensively about significant developments in the area of foreign relations.

2. It consults the responsible commissions promptly regarding important matters in the area of foreign relations and informs them about the status of these initiatives.

3. It consults the responsible commissions, in particular concerning inter-cantonal and international treaties, and informs them about the progress of the negotiations as well as the status of the implementation of these treaties.

4. The commissions assist the government council in an advisory capacity during treaty negotiations and can submit proposals regarding the content.

The Executive Council informs the Office of the Grand Council when an act of the Grand Council is challenged by a complaint. It represents the Grand Council in the complaint proceedings, unless the Grand Council or the Office of the Grand Council issues a different directive. In cases where a contested resolution of the Grand Council does not align with the original proposal of the Executive Council to the Grand Council, the Office of the Grand Council represents the canton in the complaint proceedings. The Executive Council informs the Grand Council of its submissions to the complaint authority.

1. The Executive Council has the right to submit proposals on any subject and to comment on all matters it brings forward for discussion or on which it is requested to report.

2. Generally, the member of the Executive Council from the department to which the subject of the discussion pertains shall participate in the deliberations of the Grand Council. If multiple departments are involved, additional members of the Executive Council may participate or be invited.

1. The Grand Council may issue a statement or request a discussion on important events or issues that concern the canton.

2. The Executive Council has the same right.

1. For the communication between the Grand Council and the supreme courts, the Office of the Attorney General, and the judicial administration management, the provisions of the Law on the Organization of Judicial Authorities and the Office of the Attorney General (GSOG) of June 11, 2009, apply additionally.

1. Members of the council, commissions, and parliamentary groups can submit parliamentary initiatives and the following types of parliamentary motions

a. Motions,

b. Financial motions,

c. Postulates,

d. Interpellations,

e. Inquiries.

2. Parliamentary motions are directed

a. generally to the Executive Council,

b. to the Office of the Great Council when they pertain to a matter owned by the council,

c. * to the Judicial Administration when they concern the management or financial administration of the judicial authorities or the public prosecutor's office, whereby only financial motions, interpellations, and inquiries are permissible.

3. For motions directed to the Office of the Great Council and the Judicial Administration, the following provisions and the implementation regulations in the rules of procedure of the Great Council apply mutatis mutandis.

1. A parliamentary initiative may introduce a draft for an enactment or resolution to the Grand Council.

2. The parliamentary initiative can only be submitted in a fully developed form.

The motion mandates the Executive Council to draft a decree or decision, implement a measure, or submit a report.

Insofar as the Grand Council has to decide, the motion takes on the character of an instruction.

Insofar as the Executive Council has the final decision, the motion takes on the character of a directive.

1. The financial motion instructs the Council of State or the judicial administration leadership to implement a financially required measure in the next budget or the next program and financial plan.

2. If the Grand Council resolves a financial motion concerning the program and financial plan, the Council of State or the judicial administration leadership must report with the subsequent program and financial plan on how they have implemented the motion. If they deviate from it, they must provide a detailed justification in the subsequent program and financial plan.

1. The postulate instructs the governing council to investigate, report, and propose whether a decree or resolution should be drafted, a measure taken, or a report submitted.

1. **Interpellation and Inquiry**

Interpellation and inquiry request information from the Government Council or the Head of Judicial Administration regarding matters of the canton.

2. **Inquiries**

Inquiries should be concise and must be answered concisely and within a short period.

1. A parliamentary initiative is preliminarily reviewed by a committee.

2. If the Grand Council provisionally supports a parliamentary initiative, the responsible committee usually submits a proposal to the Grand Council no later than two years after its submission. The Grand Council may extend the deadline by two years in exceptional cases.

**Parliamentary Initiatives Must be Responded to in Writing Within Six Months**

Parliamentary initiatives must be responded to in writing within six months. The Bureau of the Grand Council may extend the deadline in exceptional cases after consulting with the originator of the initiative.

Shorter deadlines apply to financial motions and inquiries.

Parliamentary initiatives may be declared urgent.

In extraordinary situations and crises, the Bureau of the Grand Council, after consulting with the Council of Government, may shorten the deadline from paragraph 1 for motions from itself and from committees that have been decided by a two-thirds majority of those voting and are directly related to an extraordinary situation or crisis.

1. Parliamentary motions are rejected by the Bureau of the Grand Council if

a. they do not adhere to the proper form,

b. the issue has already been discussed during the current legislative period and the facts have not changed since, or

c. the subject matter cannot be the object of a motion.

2. Motions, with the exception of financial motions, and parliamentary initiatives are rejected by the Bureau of the Grand Council after consultation with the Government Council if the relevant issue can be submitted as a proposal to a matter pending before the Grand Council within one year. They must be accepted subsequently if the relevant matter is not presented to the Grand Council within the deadline.

3. The authors of parliamentary motions or parliamentary initiatives may appeal to the Grand Council against a rejection by the Bureau.

1. If a motion or a postulate is accepted, the Government Council shall fulfill the mandate within two years. In exceptional cases, the Grand Council may extend the deadline by a maximum of two years.

2. The Government Council shall inform the Grand Council annually in writing about the status of processing parliamentary initiatives and their execution.

3. The Grand Council decides on the writing off of parliamentary initiatives and parliamentary initiatives.

4. Furthermore, a parliamentary initiative not yet accepted by the Grand Council or a parliamentary initiative not yet provisionally supported by the Grand Council from a member of the council shall be written off without a council resolution if the originator has left the council and no other council member takes over the initiative during the first subsequent session.

The procedural provisions for the Grand Council shall apply mutatis mutandis to the council bodies, subject to any differing provisions of the Grand Council legislation.

1. If the procedure in the Grand Council is unclear, the President of the Grand Council proposes how to proceed and submits this proposal to a vote.

2. If no solution to the procedural issue is found, the deliberation may be temporarily suspended.

3. Open procedural questions between council bodies must be immediately submitted to the office of the Grand Council, which determines the further course of action.

The Grand Council addresses the matters submitted to it with the session program upon request from council bodies, the government council, or the judicial administration leadership, in particular drafts of decrees and resolutions, reports, parliamentary initiatives, motions, as well as election proposals.

1. To the extent that the Grand Council has delegated certain decision-making powers to one of its bodies, it may reclaim an individual matter.

2. An application for consultation by the Grand Council must be submitted to the office of the Grand Council immediately after the decision of the council body.

1. Every item is to be discussed once.

2. Amendments to the cantonal constitution and laws are to be discussed twice.

3. The Grand Council may decide to forgo a second reading for laws.

1. The Grand Council is quorate and capable of making decisions when the majority of its members are present.

**1. The Grand Council Conducts Votes**

The Grand Council generally conducts votes openly using the electronic voting system.

In cases of secret deliberation, the vote is also conducted secretly.

Elections can exceptionally be conducted by standing up.

No council member is obliged to vote.

1. The Office of the Grand Council may, with a two-thirds majority of the votes cast, conclusively decide for sessions that members of the council may vote externally, provided that

a) a crisis exists, and

b) the representativeness of factions or electoral districts in the Grand Council is significantly threatened for this reason.

2. The decision pursuant to paragraph 1

a) justifies the extent to which a crisis exists (para. 1 subpara. a),

b) establishes the criteria regarding the significant threat to the representativeness of factions or electoral districts (para. 1 subpara. b),

c) conclusively sets the technical requirements for external voting.

3. When members vote externally,

a) they are considered present during votes in the sense of Article 76,

b) they are compensated as usual.

4. The decision pursuant to paragraph 1 is

a) immediately applicable,

b) valid for no more than two consecutive sessions.

1. The Office of the Grand Council may, by a two-thirds majority of the votes cast, conclusively decide that a matter of the Grand Council's session business shall be voted on in writing via the circulation procedure, provided that

a. a crisis exists,

b. the ability of the Grand Council to deliberate and make decisions (Art. 76) is severely threatened for this reason,

c. the matter requires urgent decision-making by the Grand Council, and

d. the matter is suitable for resolution through the circulation procedure.

2. The decision pursuant to paragraph 1

a. justifies the criteria outlined in paragraph 1,

b. conclusively establishes the technical requirements for casting votes.

3. Anyone participating in a vote via the circulation procedure

a. is considered present within the meaning of Article 76,

b. is compensated as usual.

1. For a valid resolution, the majority of those voting is required, unless the constitution or law stipulates otherwise.

1. Resolutions of the Grand Council may be reconsidered for valid reasons by the Grand Council until the end of the current session during which they were made.

2. A reconsideration is decided when two-thirds of the voting members agree to such a motion.

3. The matter under reconsideration will be discussed at the earliest during the next session. The decision is subject to the majority requirement according to Article 78.

4. Election matters cannot be reconsidered.

1. The Grand Council conducts the elections entrusted to it by the constitution and law.

2. A candidate is elected if they receive more than half of the valid votes (absolute majority).

3. If more candidates achieve the absolute majority than are to be elected, those with the highest number of votes are elected.

1. Ballots containing defamatory statements or obvious marks are invalid.

2. Votes for ineligible, already elected, or withdrawn candidates, as well as for not clearly identifiable persons, are invalid.

3. If a candidate's name appears more than once on a ballot, the repetitions shall be struck out.

4. If the number of ballots received exceeds the number distributed, the election is invalid and must be repeated.

5. The validity of ballots or the striking out of names is decided by the vote counters.

6. Additionally, the provisions of the legislation on political rights apply mutatis mutandis.

1. Elections are conducted in writing and by secret ballot.

2. If more candidates run than there are seats to be filled, the election is conducted with a ballot paper that contains an equal number of lines as there are seats to be filled.

3. If the number of candidates is equal to or less than the number of seats to be filled, the election is conducted with a ballot paper listing the names of the candidates in alphabetical order.

4. Council members can strike through proposed candidates or add additional names on the lists of names. In cases where the executive council has the right to propose under special legislation, no additional names can be added. For voting, the provisions of Article 84, paragraph 2, letters b and c, apply accordingly.

5. If the completed ballot paper contains more names than mandates to be filled, the excess names are removed from the end of the list.

6. Blank and invalid ballot papers are not counted in the determination of the absolute majority. Paragraph 4, sentences 2 and 3, are reserved.

7. From the third round of voting onwards, any candidate receiving fewer than ten votes is eliminated.

8. From the fourth round of voting onwards, at most, twice as many candidates remain in the election as there are seats to be filled, specifically those with the highest number of votes. If several candidates receive the same number of votes for the last seat to be filled, all remain in the election.

9. If no election is attained even after the fifth round of voting, the election procedure is temporarily suspended. The office of the Grand Council shall set a new election date.

1. In uncontested cases, an election can take place by a show of hands upon the request of the Bureau of the Grand Council.

2. At the request of a council member, the election must nonetheless be conducted by secret ballot.

3. In an election by a show of hands, those who vote for the person stand up.

1. Elections are conducted in writing and by secret ballot.

2. If a person is available for re-election after the end of the term, a re-election takes place. The re-election proceeds as follows

a. A name list of the individuals available for re-election serves as the ballot paper. In the case of multiple candidates, the names are listed in alphabetical order.

b. Council members may strike individual candidates. Additional names will be disregarded.

c. Ballots on which all names are struck or that contain only other names are counted for calculating the absolute majority.

d. Candidates who do not achieve the absolute majority may participate in the subsequent election according to Article 85.

1. If offices are not filled through re-election or if seats remain unfilled during re-election, the election proceeds as follows

a) If there are more candidates than seats to be filled, the election will be conducted with a ballot paper that has as many lines as there are seats to be filled.

b) If the number of candidates is equal to or fewer than the number of seats to be filled, the election will be conducted with a ballot paper listing the candidates' names in alphabetical order.

c) Council members may strike through or add names to the list of candidates provided.

d) If the filled ballot contains more names than there are positions to be filled, the surplus names will be removed from the end of the list.

e) Blank and invalid ballots are not counted in determining the absolute majority.

f) From the third voting round, candidates receiving fewer than ten votes are eliminated.

g) From the fourth voting round, no more than twice the number of candidates as there are seats to be filled will remain in the election, specifically those with the highest number of votes. If there is a tie for the last available seat, all tied candidates remain in the election.

h) If no decision is reached by the fifth voting round, the election process is temporarily suspended. The office of the Grand Council will set a new election date.

1. The provisions of the GSOG apply additionally.

**Petitions to the Grand Council**

Petitions to the Grand Council are handled by one of its committees. If the responsible committee supports the request of the petition, it may submit a parliamentary motion or a parliamentary initiative. If it rejects the request, it proposes to the Grand Council to take note of the petition without further action.

The procedure for petitions applies to supervisory complaints to the Grand Council.

Other submissions to the Grand Council are directly answered by the responsible committee.

Anonymous submissions will not be considered.

1. The Grand Council resolves the voting explanations to the eligible voters.

2. It may delegate this authority to a committee of the council. This committee is authorized to establish provisions regarding the procedure and further responsibilities in the preparation of the voting explanations, as well as their design.

1. The Grand Council has its own financial resources in the canton's budget to fulfill its tasks.

2. It maintains a Special Account.

The Deputation and the factions receive an annual contribution towards the costs of their secretariats.

1. The Grand Council has parliamentary services.

2. The parliamentary services are accountable to the Grand Council and its bodies and work according to their instructions.

3. They support the Grand Council, its bodies, and the members of the council in their parliamentary work.

4. They perform the following tasks for the Grand Council in particular

a) Management of the secretariats of the office and the secretariats of the committees of the Grand Council,

b) Advising the council bodies and the members of the council on procedural, legal, and factual issues,

c) Advising the presidency of the Grand Council within the Grand Council,

d) Preparation of parliamentary projects, proposals, and matters,

e) Information and documentation,

f) Chancery tasks.

1. The Parliamentary Services are under the supervision of the Bureau of the Grand Council.

2. The Secretary General of the Grand Council is elected by the Grand Council upon the proposal of the Bureau of the Grand Council and manages the Parliamentary Services.

For the financial management of the Parliamentary Services, the legislation on the management of finances and services shall apply, unless otherwise provided by the Great Council legislation. The financial budget is part of the Special Account for the Great Council.

The personnel of the Parliamentary Services are subject to the cantonal personnel legislation, unless otherwise stipulated by the Great Council legislation.

The office of the Great Council establishes the necessary personnel positions for providing the services of the Parliamentary Services to the Great Council and its bodies, and assigns each function to a salary class after consulting the Personnel Office.

1. The organs of the Grand Council may grant the Secretary-General of the Parliamentary Services as well as the commission secretariats the same rights to information as they themselves possess.

1. The State Chancellery and the Parliamentary Services shall jointly take the necessary organizational measures to enable the Grand Council and its bodies to perform their tasks.

2. The State Chancellery shall coordinate the tasks on the part of the Government Council with the Grand Council, its bodies, and the Parliamentary Services.

3. It shall particularly participate in the preparation and execution of the sessions.

4. It shall fulfill further tasks for the Grand Council, its bodies, and the Parliamentary Services.

1. The Grand Council, its bodies, and the parliamentary services acting on their behalf may involve organizational units of the cantonal administration in the fulfillment of their tasks.

2. In the event of differences, the bureau of the Grand Council decides after consulting with the government council.

3. There is no settlement of costs and services.

The provision of services by the Parliamentary Services for the Grand Council and its bodies is regulated by agreement with the Office of the Grand Council.

The provision of services by the State Chancellery and possibly other organizational units of the Cantonal Administration for the Grand Council and its bodies is regulated by an agreement between the Office of the Grand Council and the Government Council.

No charging of costs and services takes place.

1. The Editorial Commission consists of council members and experts in the fields of law and language.

2. The members of the Editorial Commission are elected for the duration of the legislative period by the office of the Grand Council.

3. Appropriate representation of both official languages in the Editorial Commission must be ensured.

1. The Editorial Commission reviews constitutional and legislative drafts regarding language and systematic aspects. At the request of the Grand Council or a committee, it also reviews draft decrees.

2. It brings the text of both languages into alignment and proposes amendments to the responsible committee.

3. It attends to corrections in accordance with the provisions of the Publication Law of January 18, 1993 (PuG).

1. Should incidents of significant importance require clarification, the Great Council, after consulting the Government Council, the Supreme Courts, the Office of the Attorney General, the Judicial Administration Directorate, or other public responsibilities, may establish a parliamentary investigation commission (PIC). The primary duty of the investigation commission is the political assessment of the incidents.

2. The establishment occurs through a resolution of the Great Council. This resolution determines the mandate, size and composition, secretariat, and financial resources of the parliamentary investigation commission, as well as provisions regarding its dissolution. Subsequently, the Great Council elects the members and the chairperson of the parliamentary investigation commission.

3. The parliamentary investigation commission investigates the facts and gathers additional evaluation materials. It reports to the Great Council and submits motions.

1. The parliamentary investigation committee shall take the procedural measures necessary for its investigation, including measures for the protection of official secrecy.

2. For the establishment of facts and the collection of evidence, the provisions of the VRPG, the Code of Civil Procedure, and the Swiss Code of Criminal Procedure of October 5, 2007 (Criminal Procedure Code, CrimPC) shall apply mutatis mutandis.

3. If an investigation is directed wholly or predominantly against a specific person, that person may only be questioned as an informant within the meaning of Article 178 CrimPC.

**1. The Parliamentary Investigation Commission has the same rights to information as the Supervisory Commissions.**

2. Furthermore, it can

a. Demand the submission of all documents required to fulfill its mandate,

b. Interview individuals serving the canton as witnesses,

c. Question informants,

d. Obtain oral or written information and request documents from persons and offices outside of the canton's administration, with the right to refuse testimony being applicable according to Article 160 et seq. of the Civil Procedure Code (CPC),

e. Consult experts,

f. Conduct inspections.

3. Persons in the service of the canton (Art. 45) are obligated to testify before the Parliamentary Investigation Commission, unless they are questioned as informants.

4. They are bound by official secrecy regarding facts they learn in the course of the investigation. These facts remain confidential even after the conclusion of the investigation or the termination of their service relationship.

1. Persons who are directly affected in their interests have the right to be present at the taking of evidence concerning them in accordance with Article 102, paragraph 2, letters b to f, and to pose supplementary questions, as well as to inspect the issued files and the expert opinions, reports, and protocols of interrogation of the investigation commission.

2. The parliamentary investigation commission may restrict or deny this right if it is essential in the interest of the investigation or for the protection of other persons.

3. It may only rely on evidence whose essential content has been made accessible to the affected persons and to which the affected persons have been heard regarding its content.

4. After the conclusion of the investigations and before reporting to the Grand Council, it provides the persons against whom allegations are made the opportunity to express themselves on these allegations. The corresponding statements must be appropriately reflected in the report.

1. The government council has the right to attend the collection of evidence pursuant to Article 102, paragraph 2, letters b to f, and to ask supplementary questions, as well as to inspect the released files and the expert reports, reports, and interrogation protocols of the investigation commission.

2. The parliamentary investigation commission may restrict or deny this right if the interest in the investigation or the protection of the individuals concerned requires it. In such a case, it will convey the essential content to the government council either orally or in writing.

3. The government council may initially express its opinion on the outcome of the investigation before the parliamentary investigation commission and subsequently present a report to the Grand Council. In the case of an investigation regarding other public task entities, the government council may beforehand obtain a statement from the concerned entity.

4. It shall designate one of its members to represent it before the parliamentary investigation commission. This member may, in turn, appoint an appropriate person to exercise the rights of the government council pursuant to paragraph 1.

5. The provisions of this article apply mutatis mutandis to the judicial administration management.

1. The report of the parliamentary investigative committee shall be published unless there are interests worthy of protection that oppose such publication.

2. The publication also includes the report of the executive council to the Grand Council.

1. The establishment of a parliamentary investigation commission precludes the clarification of events by other committees of the Grand Council.

2. Any ongoing administrative investigations shall be suspended. They may be continued with the consent of the parliamentary investigation commission.

3. Civil or administrative court proceedings, as well as criminal proceedings, may be initiated or continued despite ongoing investigations by a parliamentary investigation commission.

The financial management of the Council Secretariat shall be conducted from January 1, 2014, to May 31, 2014, through the Special Account of the Grand Council.

The office of the Grand Council, in accordance with the previous law, shall make decisions necessary for the timely implementation of the new Grand Council legislation.

1. The following enactments are amended

1. Law of September 13, 2004, on the Special Statute of the Bernese Jura and on the French-speaking Minority of the Bilingual Administrative District of Biel (Special Statute Law, SStG)[[8]](#enumeration_itemtext_content_fn_2912137_2_8_c)

2. Law of November 2, 1993, on the Information of the Population (Information Law, IG)[[9]](#enumeration_itemtext_content_fn_2912138_2_9_c)

3. Law of June 20, 1995, on the Organization of the Executive Council and the Administration (Organization Law, OrG)[[10]](#enumeration_itemtext_content_fn_2912139_2_10_c)

4. Personnel Law of September 16, 2004 (PL)[[11]](#enumeration_itemtext_content_fn_2912140_2_11_c)

5. Law of March 26, 2002, on the Management of Finances and Services (FSL)[[12]](#enumeration_itemtext_content_fn_2912141_2_12_c)

6. Law of December 1, 1999, on Financial Supervision (Cantonal Financial Control Law, CFCL)[[13]](#enumeration_itemtext_content_fn_2912142_2_13_c)

1. The Law of November 8, 1988, on the Grand Council (Grand Council Law, GCL) is repealed (BSG 151.21).

1. This law shall enter into force on June 1, 2014, with the exception of Article 107.

2. Article 107 shall enter into force on January 1, 2014.