Scope (VMV)

**1. This Regulation Governs**

a. the consultation procedure,

b. the consultation process,

c. the co-reporting procedure,

d. consultations on federal proposals.

**2. The provisions of the Grand Council legislation regarding the consultation procedure are reserved.**

The consultation procedure aims to hear the views of the cantonal authorities, the municipalities, the national churches, political parties, employers' and employees' organizations, as well as other interested parties on politically significant proposals.

It is intended to provide information on the factual accuracy, feasibility of implementation, and acceptance of a cantonal project.

1. A consultation procedure is conducted

a. for constitutional amendments,

b. for laws,

c. for fundamental resolutions of the Grand Council,

d. for ordinances that have significant impacts on municipalities,

e. in accordance with relevant cantonal regulations.

2. For proposals of minor importance, the implementation of a consultation procedure can be waived.

3. If the significance or special circumstances warrant it, a consultation procedure may also be conducted, particularly for

a. proposals submitted by the federal government to the Executive Council for opinion,

b. inter-cantonal agreements,

c. decrees,

d. regulations,

e. decisions of the Grand Council.

**1. Every authority, organization, and natural person may participate in a consultation procedure and submit a statement.**

**2. The State Chancellery maintains a list of addressees who must be heard in every consultation procedure. This list includes:**

a. the judicial administrative leadership,

b. the administrative court,

c. the interest groups of Bernese municipalities,

d. the municipalities with over 10,000 inhabitants,

e. the planning regions and regional conferences,

f. the Bernese Jura Council (BJR),

g. the Council for French-speaking Affairs of the Bern/Bienne administrative district (RFB),

h. the Association of Bernese Government Commissioners,

i. the national churches,

k. the interest group of Jewish communities in the Canton of Bern,

l. the political parties represented in the Grand Council and their cantonal youth parties,

m. the Association "Youth Parliament of the Canton of Bern",

n. the umbrella organizations of Bernese employer and employee associations as well as the employee organizations of the public sector,

o. the umbrella organizations of Bernese women's and men's organizations,

p. the expert commission on equality issues,

q. the financial control,

r. the cantonal data protection supervisory authority (DSA),

s. the service for accompanying legislation, Jura affairs, and bilingualism of the State Chancellery (RJZ).

**3. The directorates and the State Chancellery may:**

a. supplement the list according to paragraph 2 with authorities and organizations to be additionally heard in their respective fields,

b. submit a statement, which is not public, to the lead directorate or State Chancellery.

**4. If the Grand Council or one of its organs initiates a consultation, the governing council is also welcomed.**

1. The Government Council decides on the initiation of a consultation procedure upon the request of the competent directorate or state chancellery.

2. The State Chancellery publishes the consultation documents in both official languages, indicating the deadline for submitting comments, on the internet.

3. The competent directorate or State Chancellery informs the recipients about the initiation of a consultation procedure and provides them with the relevant documents, indicating the deadline for submitting comments.

1. The consultation period generally amounts to three months. It is determined particularly by the nature and scope of the matter.

2. In cases of urgency, shorter periods may be set.

1. The statement shall be submitted in writing.

2. The following authorities and individuals must submit their statement in the digital form specified by the invitation to comment

a) Authorities,

b) Legal entities,

c) Natural persons who provide their comments in the context of their professional activities.

3. For important reasons, particularly in the case of urgent proposals, the Executive Council may order a conference-style hearing instead of the written procedure, which shall be recorded in minutes.

4. Submitting a written statement remains possible even in the case of a conference-style hearing.

1. The competent directorate or state chancellery evaluates the comments and the records of the conference hearings and revises the proposal, whereby any comments from the directorates and the state chancellery are evaluated separately.

2. Submitting a comment does not establish any right to a response or additional hearing.

3. After the conclusion of the consultation procedure, the comments and the records of the conference hearings are published on the Internet. Excluded from this are any comments from the directorates and the state chancellery.

4. For the preliminary examination of proposals within their area of responsibility, the parliamentary committees are provided with any evaluation tables created by the administration. Excluded from this are any comments from the directorates and the state chancellery.

5. The report contains the results of the consultation procedure in an appropriate form and highlights the main disputed points, whereby any comments from the directorates and the state chancellery are not mentioned.

1. The government council, the directorates, and the state chancery, as well as their offices in accordance with the rules of procedure, may consult interested parties.

2. The presentation includes the results of the consultation process in an appropriate form and highlights the main points that are contested.

1. The Co-Reporting Procedure serves the purpose of forming opinions and reconciling differences at the Cabinet level.

2. It is not public.

1. A co-reporting procedure shall be carried out

a. in all directorates and the State Chancellery

1. for decrees, fundamental resolutions of the Grand Council, as well as initiatives and reports from the Government Council to the Grand Council,

2. before the decision regarding the initiation of a consultation procedure (Art. 5),

b. in the interested or affected directorates and the State Chancellery, provided that

1. parliamentary motions are answered according to the assignment by the Government Council or by agreement,

2. multiple directorates or staff units are involved or interested in a matter (Art. 36 Para. 1 OrG),

3. the specific legislation requires it,

4. the Government Council orders it by decision.

2. The co-reporting procedure may be waived

a. for decrees

1. in cases of editorial corrections according to Articles 25 et seq. of the Publication Act of January 18, 1993 (PuG),

2. in the case of technical legal follow-up of changes in status and territorial alterations according to Article 4a of the Municipalities Act of March 16, 1998 (GG),

b. for Government Council matters in crisis situations, where the primarily affected directorates or the primarily affected State Chancellery are to be adequately consulted.

1. The Execution of the Co-Report Procedure Generally Occurs Immediately Before the Submission of the Proposal by the Directorate or the State Chancellery to the Government Council.

5. Digital Execution of the Co-Reporting Procedure

The co-reporting procedure is conducted digitally. For government council matters classified as "Secret," the co-reporting procedure may be conducted in paper form.

1. The period for submitting remarks is a minimum of three weeks.

2. It must be appropriately extended during the recess of the government council.

3. Shorter deadlines are possible if

a) urgency exists,

b) the departments and the state chancellery have already been consulted.

1. The outcome of the co-reporting process must be submitted to the Government Council pursuant to Article 8 of the Ordinance of October 18, 1995, on the Organization of the Government Council (Organization Ordinance GC; OrV GC)[[5]] for information.

1. The BJR and the RFB are to be included in accordance with the provisions on political participation of the legislation concerning the special statute of the Bernese Jura and the French-speaking minority of the administrative district of Biel/Bienne.

1. All draft decrees submitted to the directorates and the state chancellery for comment shall be simultaneously delivered to the RJZ.

2. In the case of draft decrees of directorate regulations, the RJZ must be consulted regardless of whether a consultation of the directorates and the state chancellery takes place.

3. The draft decrees shall be delivered to the RJZ in both official languages. If this is not possible, the translated version shall be submitted as soon as possible for translation review.

4. Special issues concerning the enactment and official publication shall be discussed with the RJZ no later than during the co-report procedure.

1. Draft Ordinances and Other Measures Pursuant to Article 34 Paragraph 1 Letter k of the Data Protection Act of February 19, 1986 (KDSG)[6], Concerning the Processing of Personal Data and Data Protection, Shall Be Submitted to the DPA for Comment.

1. Draft decrees and other transactions are submitted for consultation as follows

a) to the financial control, if it is concerned,

b) to the office of the Grand Council, if the Grand Council or its organs are concerned,

c) to the parliamentary services, if the parliamentary services are concerned,

d) to the judicial administration management, if the judicial authorities or the public prosecutor's office are concerned.

1. The Executive Council is responsible, subject to the participatory rights of the population and the Grand Council, for providing opinions on federal proposals.

2. It may coordinate these opinions with other cantons.

3. The opinions on federal proposals are published on the Internet.

1. The Ordinance of 26 June 1996 on the Consultation and Co-Reporting Procedure (CCRP)[7] is repealed.

1. This Regulation shall enter into force on February 1, 2023.