Agreement on the Admission of the Bernese District of Laufen and its Municipalities Blauen, Brislach, Burg im Leimental, Dittingen, Duggingen, Grellingen, Laufen, Liesberg, Nenzlingen, Roggenburg, Röschenz, Wahlen, Zwingen into the Canton of Basel-Landschaft - People and Territory
Table of Provisions (112)
Statutory Text (112 Articles)
1. The people of the district of Laufen join their territory with the Canton of Basel-Landschaft. The Canton of Basel-Landschaft accepts it with full equality.
1. Citizens and local residents of municipalities in the district of Laufen shall, upon the entry into force of this agreement, become citizens of the Canton of Basel-Landschaft.
1. The former Bernese district of Laufen shall become an administrative and judicial district as well as an electoral district of the Canton of Basel-Landschaft and shall constitute its own enforcement and bankruptcy district.
2. There shall be a bailiff's office, a district clerk's office, and a district court in accordance with the law of the Canton of Basel-Landschaft.
3. This agreement regulates the gradual establishment of these authorities and the assumption of the corresponding responsibilities.
1. The existing Mixed Municipalities and Municipalities will become Municipalities under the law of the Canton of Basel-Landschaft.
2. The Burghers and the Resident Citizens together form the Citizen Municipality.
3. For Citizen Municipalities and Burgherships, sections §§ 53-55 apply.
1. The Roman Catholic parishes of Blauen, Brislach, Burg, Dittingen, Duggingen, Grellingen, Laufen, Liesberg, Nenzlingen, Roggenburg, Röschenz, Wahlen, and Zwingen are integrated into the Roman Catholic Church of the Canton of Basel-Landschaft.
2. The Evangelical Reformed parish of Laufen, which encompasses the entire administrative district, is integrated into the Evangelical Reformed Church of the Canton of Basel-Landschaft.
3. The Christian Catholic parish of Laufen, which encompasses the entire administrative district, is integrated into the Christian Catholic Church of the Canton of Basel-Landschaft.
**1. Upon the coming into force of this agreement, the legal system of the Canton of Basel-Landschaft applies to the people and territory of the Laufen district.**
2. Exceptions to this principle are governed by this agreement for the transition period. The transition period ends at the latest 10 years after the coming into force of this agreement.
3. In special cases, the government council may, after consulting the district commission or upon their proposal, establish further exceptions for the duration of the transition period.
4. Vested rights shall remain intact.
1. The Canton of Basel-Landschaft assumes, as the legal successor of the Canton of Bern, all contractual rights and obligations, insofar as they pertain to public affairs of the District of Laufen.
2. It enters, as the legal successor of the municipal associations or the municipalities, as well as the owner of acquired works, into all contractual legal relationships between its legal predecessors and third parties.
1. Concessions, permits, licenses, and professional certificates issued and recognized by the Canton of Bern or by the municipalities shall remain valid until the expiration of the renewal period provided under Bernese law.
2. Concessions may be adapted to the law of the Canton of Basel-Landschaft while preserving the vested rights of the concessionaires.
3. The renewal of permits and licenses shall be carried out according to the law of the Canton of Basel-Landschaft; Bernese certificates of competence and those recognized by the Canton of Bern shall remain recognized.
4. To avoid undue hardship, the Executive Council shall take appropriate measures upon the recommendation of the Judicial Commission.
1. Municipal regulations remain in force insofar as they do not contradict the law of the Canton of Basel-Landschaft.
2. Within 10 years of the entry into force of this agreement, the municipalities shall make the necessary adjustments to comply with the Basel-Landschaft law.
1. The authorities shall remain in office, unless otherwise stipulated in this agreement, at least until the expiration of their term of office in accordance with Bernese law.
2. If the term of office under the law of the Canton of Basel-Landschaft ends at the same time as under Bernese law, the authorities shall be elected according to the law of the Canton of Basel-Landschaft at the end of the Bernese term of office.
3. Otherwise, a Bernese term of office shall be extended until the end of the corresponding Basel-Landschaft term of office, but for no more than 2 years.
4. If the term of office under the law of the Canton of Basel-Landschaft only ends 2 or more years after the expiration of the Bernese term of office, the authorities must be newly appointed according to Basel-Landschaft law at the end of the Bernese term of office. In this case, the election is held for the remainder of the Basel-Landschaft term of office.
1. The former Bernese cantonal authorities located in the district of Laufen, as well as the municipal authorities, shall conclude the matters pending at the time of the entry into force of this Treaty, provided that they are also competent under the law of Basel-Landschaft.
2. In all other cases, the jurisdiction shall be determined by the Legal Commission.
1. The Government Council of the Canton of Basel-Landschaft ensures that, to the extent reasonable, former Bernese administrative offices in the Laufental remain in this district with corresponding tasks of the Canton of Basel-Landschaft.
1. Upon the entry into force of this agreement, the Canton of Basel-Landschaft assumes the civil servants and auxiliary office holders of the Canton of Bern who are active in the Laufen district, crediting their years of service, as well as the officials of those municipal associations whose responsibilities are transferred to the canton according to the provisions of this agreement.
2. The Bernese term of office shall be extended until the end of the Basel-Landschaft term of office.
3. Existing employment relationships for employees and temporary staff shall remain in effect.
4. For members of authorities elected by the people and the parliament, § 10 shall apply.
5. Pastors, vicars, and lay theologians shall become civil servants and employees of the church municipalities upon the entry into force of this agreement.
1. The Canton of Basel-Landschaft grants teachers, civil servants, employees, and holders of subsidiary offices of the Canton of Bern, who will henceforth be employed in the Basel-Landschaft state service, subject to their re-election, a five-year salary guarantee effective from the date of this agreement's entry into force. The guaranteed salary consists of the base salary with seniority and social allowances, as well as the loyalty bonus. It will be adjusted according to the Basel-Landschaft provisions concerning inflation.
1. Civil servants, teachers, and employees of the Laufen district who have been taken over by the Canton of Basel-Landschaft shall generally continue to perform their previous duties.
2. If it is not possible to continue a position, the Canton of Basel-Landschaft shall provide the officeholder with an equivalent employment position.
3. By granting generous transition periods, unreasonable hardship cases are to be avoided.
1. Teachers, civil servants, and employees who are members of a Bernese pension or savings fund will be transferred to the Basel-Landschaft Civil Servants' Insurance Fund (BVK) upon the enactment of this contract. The years of service completed with the canton or municipalities will be fully credited. There will be no obligation to make additional payments as a result of the change between cantons.
2. The details, especially concerning the transition of the capital share from the Bernese insurance funds (transfer compensation), will be regulated in separate agreements.
3. Clergy of the Christian Catholic and Evangelical Reformed parish will become members of the BVK as determined by paragraph 1; pastoral workers and lay theologians of Roman Catholic parishes will be admitted into the Bischof von Blarer/St. Heinrich foundations based on a separate agreement.
4. The canton of Basel-Landschaft aims in its negotiations with the canton of Bern to allow members of the Bernese insurance funds who have reached the age of 60 at the time of this contract coming into effect, to remain with these funds.
5. Civil servants and employees of residents', civic, communal, and parish municipalities can remain insured with the pension fund for the personnel of Bernese municipalities, provided that fund consents.
1. During the transition period, the district commission shall perform the tasks assigned to it by this contract. The costs shall be borne by the canton of Basel-Landschaft.
1. The District Commission assists in the application of the provisions of this treaty.
2. It represents the interests of the Laufen District to the authorities of the Canton of Basel-Landschaft during the transitional period and may submit proposals regarding Laufental to the Government Council.
3. Before concluding inter-cantonal and international treaties affecting Laufental, the Government Council shall consult the District Commission.
1. The district commission consists of 26 members to be elected by the people, with the municipalities forming electoral districts. The term of office is 4 years. Re-election is permissible.
2. The current term of office, at the time this treaty comes into effect, will be extended until the beginning of the next legislative period of the Baselland cantonal council.
3. Until the issuance of a new organizational statute, the provisions of the Laufen valley organizational statute of October 21, 1979, shall apply mutatis mutandis.
1. To address legal issues arising in the context of transitional law, a Judicial Commission is established with its seat in Laufen.
2. The Judicial Commission consists of 5 members and 3 substitute members. The Government Council and the District Commission each elect 2 members and one substitute member, and jointly elect the President and the President's substitute. If no agreement is reached, the President of the Swiss Federal Court appoints the President and the President's substitute. The term of office is 4 years. Re-election is permissible.
3. The Judicial Commission independently organizes its procedures, taking into account the procedural principles of Basel-Landschaft law. It may call upon serving court clerks. The record-keeping is assigned to the District Court Laufen.
1. The Judicial Administration Commission performs the tasks assigned to it by this agreement.
2. It resolves disputes between the Executive Council of the Canton of Basel-Landschaft and the District Commission regarding the application of this agreement.
3. If an authority is uncertain about its jurisdiction under transitional law, it refers the question to the Judicial Administration Commission for a decision, which is binding on all authorities.
4. Decisions made by the Judicial Administration Commission can only be challenged through a constitutional complaint to the Federal Supreme Court.
1. The District of Laufen assigns its claim to property rights from the territorial division of the Canton of Bern to the Canton of Basel-Landschaft.
2. The regulation of the still open property rights issues falls under the jurisdiction of the Cantons of Bern and Basel-Landschaft.
3. The Canton of Basel-Landschaft involves the district commission as a participatory and advisory body in the negotiations.
1. In the transfer of municipal administrative assets (roads, sidewalks, Feninger Hospital Laufen, the Gymnasium Laufental-Thierstein shared by Laufental municipalities, ARA facilities Liesberg as well as Grellingen/Duggingen), the Canton of Basel-Landschaft assumes costs and benefits.
2. The Canton of Basel-Landschaft assumes the existing debts at the time this agreement enters into force or their interest, provided they were not required to be repaid under Bernese law.
3. The specific provisions of this agreement for the ARA Laufental-Lüsseltal (§ 42) and for the Feninger Hospital (§ 107 paragraph 1) as well as for the roads (§ 108 paragraph 2) remain reserved.
1. Upon the entry into force of this agreement, the Canton of Basel-Landschaft shall assume the contributions, benefits, and other services that have been assured by the Canton of Bern to natural and legal persons of private law as well as public law entities.
2. Excluded are those contributions which the Canton of Bern has committed for behavior or activities that were completed before the entry into force of this agreement.
1. Swiss citizens who have resided in the district of Laufen for at least 3 years are entitled to be granted cantonal citizenship if they satisfy the requirements of assimilation and good character (§ 10 of the Citizenship Act of the Canton of Basel-Landschaft of June 3, 1965).
2. These applicants may apply for admission to the citizenship of a municipality if they meet the requirements of the local naturalization regulations.
1. The President of the District Court shall also perform the duties of the Investigating Judge until the end of the Bernese term of office, but for at least 2 years after the entry into force of this agreement.
1. The Governor shall remain in office until the end of his term, but at least for 2 years from the entry into force of this agreement.
2. The Executive Council of the Canton of Basel-Landschaft may assign special tasks to the Governor to ensure a smooth transition of official duties.
1. In the Laufen district, there exists a district registry office, which, upon the entry into force of this agreement, will be composed of the land registry office and the debt enforcement and bankruptcy office. For matters related to inheritance and notarization, the provisions of §§ 71-73 apply.
2. Until the election of a district clerk, the government council shall make arrangements for a provisional organization.
3. No later than 10 years after the entry into force of this agreement, the district registry office shall perform all the tasks assigned to it under Basel-Landschaft law.
4. The government council shall ensure that the functions assigned to the district registry office and the notaries under this agreement are fulfilled from the date of accession.
1. The cadastral survey can continue to be conducted by private surveyors.
1. The district of Laufen constitutes a public guardianship district in accordance with the law of the canton of Basel-Landschaft.
2. The public guardian is responsible for alcohol care until the end of his term of office. Afterwards, the cantonal government may assign this responsibility to the Laufental Social Service.
1. The civil status districts existing at the time this treaty comes into force may be retained.
1. Secondary School Districts of the Laufen Region are: Grellingen, Laufen, and Zwingen.
1. The regional Progymnasium and Gymnasium Laufental-Thierstein shall be maintained.
2. The educational offerings shall be adapted to the needs of the population of Laufental and Thierstein.
1. The Agricultural Vocational School Laufen is preserved.
1. The Canton of Basel-Landschaft operates a career counseling center in the district of Laufen.
1. The Canton of Basel-Landschaft will incorporate the Civil Protection Center Laufen into its civil protection training concept and conduct its own courses there, if possible.
1. The Canton of Basel-Landschaft includes the Laufen City Fire Brigade in the concept of the base organization as a B-base for the Laufen Valley municipalities.
1. The Canton of Basel-Landschaft is committed to maintaining a motor vehicle inspection station in Laufen in agreement with the Canton of Solothurn.
1. The district of Laufen constitutes a sub-section in the current framework of the Cantonal Police of the canton of Basel-Landschaft. The complement of police forces remains intact.
2. The main station is Laufen. The government council decides on the location of further posts within the district.
1. The Association for Regional Planning Laufental-Thierstein-Dorneck may continue to develop regional plans for the Laufen district. It coordinates its activities with the regional planning office of both Basels in Liestal. The regional plans are approved by the Landrat or the Government Council.
2. Adequate representation of Laufental in the cantonal regional planning office is ensured.
1. The Regional Water Supply Birstal-Thierstein AG and the Birstal-Zwingen and Surrounding Area Water Association shall be maintained.
1. The municipal association ARA Laufental-Lüsseltal and its organizational regulations remain recognized. The representation of the Laufental municipalities is ensured based on these regulations.
2. The Laufental municipalities can decide, until the entry into force of this agreement, to continue managing wastewater treatment independently in the event of a canton change. In this case, they bear all costs alone. The canton will contribute to a future expansion where the allocation of the federal contribution requires it. If no such decision is made, the following provisions apply.
3. The Canton of Basel-Landschaft assumes the operational, maintenance, and investment costs as well as the remaining debt of the Laufental municipalities existing on the day of admission. If they have made amortizations beyond the limit provided by Bernese law, these excess amounts will be offset against the wastewater fees to be paid in the subsequent years.
4. The Canton of Basel-Landschaft sends 2 fully authorized members to the delegates' assembly of the association.
5. The government council sets the annual fees for the Laufental municipalities to cover operating and maintenance costs according to the law of Basel-Landschaft (§ 13 of the law of April 22, 1971, on wastewater disposal). The building department assesses the wastewater fees of commercial and industrial enterprises.
6. The building department takes special measures under the Economic Promotion Act of January 28, 1980, if the immediate introduction of Basel-Landschaft wastewater fees presents an unreasonable hardship for certain commercial and industrial enterprises.
1. The Canton of Basel-Landschaft shall provide, at its own expense, for the construction of supply channels and treatment facilities in Roggenburg and Burg.
2. In the event that the municipalities of Burg and Roggenburg commence the construction of the supply channels and the sewage treatment plant (ARA) prior to the entry into force of this agreement, the Canton of Basel-Landschaft shall assume future investments as well as the mortgage debts in accordance with § 23 paragraph 2.
1. The Canton of Basel-Landschaft assigns the task of waste disposal to the company KELSAG AG according to cantonal law.
2. KELSAG AG levies the refuse fees based on its statutes.
1. The Feninger Hospital Laufen Becomes a Cantonal Hospital
2. The existence of the hospital with basic services for surgery, internal medicine, gynecology, obstetrics, and with the emergency department is permanently ensured.
1. The Canton of Basel-Landschaft ensures psychiatric care and presents the Cantons of Bern and Jura with proposals for regional cooperation.
1. The chimney sweeping district of Laufen, Wahlen, Liesberg, Röschenz, and Burg as well as the chimney sweeping district of Duggingen, Grellingen, Nenzlingen, Blauen, Zwingen, Brislach, Dittingen, and Roggenburg shall be included in the district register of Basel-Landschaft.
1. Upon the entry into force of this treaty, the Higher Court of Basel-Landschaft shall regulate the formation of the divisions (police court, committee) within the District Court of Laufen.
1. Until the end of the Bernese term of office, at least for a period of 2 years, the District Court President shall undertake the duties of a justice of the peace in accordance with Basel-Landschaft law.
2. Four justices of the peace districts shall be established, namely
a. Laufen, Wahlen, Liesberg,
b. Grellingen, Duggingen, Nenzlingen,
c. Zwingen, Brislach, Blauen, Dittingen,
d. Röschenz, Burg, Roggenburg.
1. The municipalities shall appoint the Business and Auditing Commission in accordance with § 101 of the Municipal Act of May 28, 1970, no later than with the establishment of the municipal authorities under Basel-Landschaft law.
2. Until this time, the existing Auditing Commissions shall assume the duties of the Business Auditing Commission.
1. Within 2 years from the entry into force of this agreement, the municipalities shall designate the officials responsible for conducting public auctions (§§ 118 ff. of the Act of May 30, 1911, concerning the Introduction of the Swiss Civil Code).
1. As long as the citizen community does not determine otherwise, the municipal council is established as the executive authority.
1. The civic communities of Laufen-Stadt, Laufen-Vorstadt, and Grellingen shall remain in existence.
2. For a period of 10 years following the effective date of this agreement, the citizenship assemblies (citizens' meetings) of the previously Mixed Communities (Article 124 of the Municipal Act of the Canton of Bern dated May 20, 1973) may decide to form civic corporations.
3. The decision to form a new civic corporation shall be made by ballot vote and requires a two-thirds majority of those voting. If the civic corporation is not established, the vote may only be repeated once.
4. Civic communities and civic corporations may admit citizens of their locality into the corporation at any time.
1. The communal property of the citizenry of a Mixed Municipality shall, unless a Citizen Corporation is formed, be transferred to the Citizen Community.
2. The existing communal assets of the Mixed Municipality of Burg shall be separated by the new Resident Municipality. Any disputes shall be adjudicated by the Administrative Court of the Canton of Basel-Landschaft.
3. The Citizen Communities of Laufen-Stadt, Laufen-Vorstadt, and Grellingen shall continue to remain the owners of their communal property.
1. Citizen Communities and Citizen Corporations may merge with the Citizen Community of the same locality at any time. Additionally, the Citizen Communities of Laufen-Stadt and Laufen-Vorstadt may also merge at any time.
2. The decision to merge is made through a ballot vote and requires a two-thirds majority of the voters in each of the two communities.
1. The three regional churches regulate the admission of congregations of their denomination as needed in agreements with the individual congregations. Any such agreements form an integral part of this contract.
2. The regional churches of the Canton of Basel-Landschaft shall adjust their church constitutions and other decrees to the provisions of this contract as well as to the agreements concluded with the congregations of the Laufen district.
1. The historically established holidays of the municipalities in the Laufen district, namely Corpus Christi, Assumption Day, and All Saints' Day, as well as the local holidays, shall continue to be recognized as public holidays.
2. After a period of 5 years from the entry into force of this treaty, the municipalities may decide to abolish the holidays specified in paragraph 1 or to introduce other local holidays (§ 7 of the Act of September 26, 1968, concerning public rest days) by holding a referendum or by resolution of the municipal assembly.
1. Claims for damages against the Canton of Bern must be asserted before its authorities and in accordance with its laws.
1. Tax reliefs that the Canton of Bern has granted within the framework of economic promotion are recognized by the Canton of Basel-Landschaft.
2. The Canton of Basel-Landschaft guarantees the continuation of concessions and benefits previously granted by the Canton of Bern within the framework of economic promotion until their expiration.
1. Municipalities that introduced evening sales prior to the enactment of this agreement may continue to do so once a week until 9:00 PM for up to 10 years from the enactment of this agreement.
2. The district administrator decides on the continuation of evening sales after the expiration of the transitional period based on § 6 paragraph 3 of the Basel-Landschaft Shop Closing Law dated September 6, 1976.
3. Further statutory provisions remain reserved.
1. Dance venues with special permits for later business closures shall retain their respective permit for up to 10 years from the date this agreement comes into effect, provided they meet the requirements for operating a dance venue under the laws of the Canton of Basel-Landschaft.
2. Further legal provisions remain reserved.
1. The motocross event in Roggenburg can continue to be held.
1. Upon the entry into force of this Treaty, the Mixed Zones existing in the Laufen district shall be deemed to be Residential/Commercial Zones within the meaning of § 16 paragraph 2 of the Basel-Landschaft Building Law of June 15, 1967.
1. Regarding the jurisdiction over all claims not decided at the time this treaty comes into force, which have been submitted to an authority of the Canton of Bern that is located outside the District of Laufen, the Judiciary Commission shall decide.
2. For pending applications submitted before the entry into force of this treaty to a cantonal authority in the District of Laufen, to a municipality, or to a municipal association, § 11 shall apply.
3. For building permits, § 69 shall apply.
1. Non-final administrative orders, which were issued by an authority in the Laufen district under the public law of the Canton of Bern prior to the entry into force of this treaty, may be appealed to the Judicial Commission from the time this treaty enters into force.
2. The Judicial Commission shall refer the appeal to the competent authority.
1. Administrative procedures and administrative judicial proceedings pending at the time this treaty comes into force will be adjudicated by the Basel-Landschaft authorities in accordance with Bernese law.
1. Expropriation procedures initiated by a municipality or private individuals of the District of Laufen before the coming into force of this agreement shall be concluded in accordance with the expropriation law applicable to the Canton of Bern.
2. Expropriation procedures initiated by an authority of the Canton of Bern before the coming into force of this agreement will be annulled upon the coming into force of this agreement, provided that such annulment is reasonable for the parties concerned.
3. Jurisdiction lies with the Expropriation Court and the Administrative Court of the Canton of Basel-Landschaft.
1. Execution and Bankruptcy Proceedings that have been initiated before the entry into force of this treaty shall be concluded by the authorities of the canton of Basel-Landschaft in accordance with the provisions applicable to the canton of Bern.
1. Until the end of his term of office (§ 27), the Governor exercises the function of the building permit authority.
2. Building permit applications submitted 3 months prior to the entry into force of this agreement are to be processed by the authorities of the Basel-Landschaft according to Bernese law.
3. Building applications that are submitted after this date shall be decided based on the legal order that is in effect at the time of the decision.
1. Civil and criminal proceedings pending at the time this treaty comes into effect shall be adjudicated by the authorities of Basel-Landschaft according to Bernese law.
2. The parties involved in the proceedings may, through special agreements, assign the jurisdiction for conducting certain procedures to the Bernese Upper Court. With the consent of the President of the Bernese Juvenile Court, specific juvenile court proceedings may also remain within the jurisdiction of the Canton of Bern.
1. Upon the entry into force of this agreement, the municipal presidents and municipal clerks are authorized to perform public notarizations.
2. As soon as the district registry office begins to perform public notarizations, the same authorization can also be granted to municipal officials, provided they meet the legal requirements.
1. The sealing shall be carried out by the mayor or an office designated by the municipal council until the probate authority of the District Office of Laufen is established.
2. Until the District Office assumes responsibility for inheritance matters, notaries shall take the inventory with the assistance of a member of the municipal council. During this period, notaries shall also act as the competent authority (Article 609 of the Swiss Civil Code and § 69 of the Act of May 30, 1911, concerning the introduction of the Swiss Civil Code) in matters of estate distribution.
1. Notaries who, at the time this treaty comes into force, have their residence in the district of Laufen and have been practicing as notaries in the district for at least 3 years, may continue to conduct notarial business and their activities in matters of inheritance until the expiration of the transitional period.
2. If the existing notaries can no longer ensure the completion of notarial business and the tasks of notaries in matters of inheritance, the government council, upon request of the judicial commission and after consulting with the notaries and district commission, shall assign these tasks wholly or partially to the district office.
1. The supervision of notaries is the responsibility of the authorities of the Canton of Basel-Landschaft.
2. The Executive Council and the Department of Justice exercise their supervisory powers in accordance with the provisions of the Bernese Notaries Act and its implementing decrees.
1. Final judgments and orders issued by the Canton of Bern shall be enforced by the authorities of the Canton of Basel-Landschaft.
2. Fines and fees accruing to the Canton of Bern shall be reimbursed to it after deduction of costs.
1. From the entry into force of this agreement until the beginning of the new school year, the Bernese school law shall apply to the educational system.
2. The Basel-Landschaft school law shall apply to children who become subject to compulsory education after the entry into force of this agreement.
3. Anyone fulfilling the compulsory education requirement in a municipality of the Laufen district at the time this agreement enters into force shall complete their mandatory schooling according to the Bernese school system. This particularly applies to the duration of school levels, the curriculum, the timetable, and the teaching materials.
4. The local school boards may decide on the faster implementation of the Basel-Landschaft school system.
5. The Department of Education shall ensure a harmonious adjustment of the curricula (timetables) and the corresponding instruction of the teachers.
6. The municipality of Roggenburg shall ensure that, at the latest, 10 years after the entry into force of this agreement, children can attend a kindergarten.
1. Realschule Students (6th-9th Grade) and Students of Secondary Schools in the District of Laufen
After the coming into force of this agreement, Realschule students (6th-9th grade) and students of secondary schools in the district of Laufen may transfer to higher education institutions under the same conditions as other Realschule and secondary school students of the Canton of Basel-Landschaft.
1. As of the start of the school year following the enrollment day, the 9th school year will be conducted as a vocational selection class at the Realschule (Bernese secondary school), provided that the teacher meets the professional requirements or fulfills them within 4 years, and there are enough students.
2. The vocational selection class will be introduced at the latest when those students who are first taught under the school law of Basel-Landschaft reach the 4th year of Realschule.
1. The work year admits the following students
a. Students from special education schools who are about to transition from the 8th to the 9th grade,
b. Voluntary repeaters of the 4th grade of the secondary school (Bernese upper school).
2. For a voluntary 10th school year, in the first year after the entry into force of this agreement, students who attended the 9th grade of the special education school in the previous school year will also be considered.
1. With the introduction of the curricula of the Canton of Basel-Landschaft, home economics instruction is integrated into the regular curriculum of secondary, real, and special schools.
1. Students in the Laufen district who attend secondary school during the transition period may enter a Bernese teacher seminar without special permission, provided they meet the Bernese requirements.
2. The Canton of Basel-Landschaft covers the school fees in accordance with the Regional School Agreement of February 22, 1980.
1. No later than 5 years after the entry into force of this agreement, the Directorate of Education shall establish, after consulting the local school boards, a regulation for school holidays that is as uniform as possible for the entire district.
2. It ensures consistent holiday regulations for all schools.
1. Municipalities with school-free Saturdays shall ensure that, within a transitional period of 5 years, the school hours are adjusted to align with the cantonal regulations.
1. The Bern hunting license remains valid in the Laufen district for hunters residing in the Laufen district until February 15 of the year in which this agreement comes into force. Until that time, the Bern hunting law is applicable in the Laufen district. The Canton of Basel-Landschaft will not levy any fees for the period between January 1 and February 15 of the year in which this agreement is implemented.
2. Hunters from the Laufen district who were authorized to hunt without having passed a hunting exam until the effective date can also hunt in the Canton of Basel-Landschaft without taking an exam.
1. The municipalities of the district of Laufen assign the hunting rights for the hunting period lasting until March 31, 1992, based on the estimated value according to the following priority order
a. Groups with the largest number of local resident hunters,
b. Groups with the largest number of district residents,
c. Groups with the largest number of cantonal residents of Swiss nationality,
d. Other groups.
2. In the following hunting lease period, the municipalities can auction the lease or award it at the estimated value.
3. The appraisal of the hunting territories is entrusted to a commission in which the Laufental Hunting Protection Association is adequately represented.
1. The municipalities shall transfer the fishing rights for the first lease period following the entry into force of this treaty based on the assessed value to a fishing association according to the order of priority applicable to hunting rights (§ 85). For subsequent lease periods, municipalities may auction the lease or assign it at the assessed value.
2. The municipalities may combine their fishing districts into special-purpose associations.
1. Immediately following the entry into force of this treaty, the eligible voters of the Laufen district shall elect their members for the Cantonal Parliament and, if necessary, for the Constitutional Council.
2. For these elections, the Laufen electoral district shall constitute its own electoral region.
1. For the duration of the transition period, the governing council shall appoint an additional representative from the Laufen district to the education council, the vocational training council, and the supervisory commission of the cantonal hospitals and institutes.
2. Likewise, the staff of the Laufen hospital shall elect an additional member as a staff representative with an advisory vote.
1. The President, the 4 judges, and the 4 deputy judges of the District Court as well as the court clerk shall remain in office until the expiration of their term of office in Bern, but for at least 2 years from the date this agreement comes into effect.
1. The regional churches regulate the transition from the Bernese to the Basel-Landschaft term of office for church authorities.
1. Upon the entry into force of this agreement, natural and legal persons under the law of the Canton of Basel-Landschaft shall be subject to taxation.
2. The Cantons of Bern and Basel-Landschaft are competent to regulate the mutual assignment of property claims, which are due to the Canton of Bern or the Canton of Basel-Landschaft from residents of the District of Laufen.
1. The official Bernese value in effect on the date of acquisition and the Bernese rental value shall be adopted as the tax value in the Canton of Basel-Landschaft until the next general revaluation.
1. If this contract enters into force in an even year, the tax collection will be carried out as follows
a. The income and wealth taxes of natural persons will be collected based on the data from the last Bernese assessment period according to Basel-Landschaft law.
b. The profit and capital taxes of legal entities will be collected based on the previous year's data.
c. The Canton of Basel-Landschaft recognizes the Bernese assessment for determining military tax obligations in the following year.
2. If this contract enters into force in an odd year, the taxes will be collected according to Basel-Landschaft law.
3. The government council may postpone the commencement of the default interest obligation for taxes during the admission year up to no later than January 31 of the following year.
1. The Canton of Basel-Landschaft is responsible for the collection of municipal and church taxes, unless the municipalities and church communities decide otherwise.
2. The municipalities bear the administrative costs according to the number of their taxpayers. The government council determines the amount of financial contribution from the municipalities in agreement with the district commission.
1. Until the establishment of a special welfare fund, all current expenses of the municipalities' welfare systems shall be financed through the general resident fund.
2. At the latest, 5 years after the entry into force of this agreement, the municipalities shall introduce a welfare fund independent from the general administrative account.
3. The municipalities shall accumulate their welfare assets to a minimum coverage of 50 Fr. per resident, no later than 10 years after the entry into force of this agreement.
1. For the collection of church taxes, § 93 shall apply mutatis mutandis.
1. No fees may be charged for services that must be provided solely due to a change of canton.
1. For services that fall within the jurisdiction of the District Registry Office, fees are assessed according to the law of the Canton of Basel-Landschaft, even if they are performed by a notary.
1. The financial equalization for the first year following the date of accession shall be allocated to the municipalities of the District of Laufen to the same extent as to the other municipalities of the Canton of Basel-Landschaft.
2. For the assessment of the contributions, Sections 168-170 of the Tax and Financial Act as amended on June 23, 1982, shall apply. The basis for calculating the municipal entitlements shall be the taxes collected by the municipalities and the resulting tax capacity.
3. The canton shall disburse contributions to the municipalities based on estimates. No reimbursement shall be required.
1. Buildings and properties located in the district of Laufen are insured with the Baselland Building Insurance from the date this agreement comes into force.
2. Property owners in Laufental will buy into the coverage capital of the property insurance within a transitional period of five years.
3. Until the revaluation by the Baselland Building Insurance, the Berne insurance value applies to the determination of premiums. Similarly, the current risk surcharge will be adopted until it is recalculated by the Baselland Building Insurance.
4. Outstanding premium contributions will be collected by the Baselland Building Insurance and reimbursed to the Berne Building Insurance.
5. The regulation regarding the transfer of the share of policyholders in the district of Laufen from the coverage capital of the Berne Building Insurance to the Baselland Building Insurance falls under the jurisdiction of the two cantons of Berne and Basel-Landschaft.
1. The Canton of Basel-Landschaft provides contributions within the scope of its legislation to
a. the Children's Home Laufen,
b. the Community College,
c. the Youth Music School,
d. the Cultural Center Laufen,
e. the Museum Association Laufen.
1. The Laufental Retirement Home is considered eligible for support within the meaning of § 2 of the Retirement and Nursing Home Ordinance of May 3, 1971.
2. The Canton of Basel-Landschaft provides the Laufental Retirement Home with one-time construction subsidies amounting to 17.5% of the original investment value of 3,575,000 CHF.
3. Contributions to the pension and nursing costs are allocated to the residents in accordance with the law of Basel-Landschaft.
1. The Canton of Basel-Landschaft shall pay the salaries for positions existing on the date of accession for pastors, vicars, or lay theologians for a period of 5 years after the commencement of this agreement
a. for pastoral workers who hold the position on the date of accession, according to Bernese law;
b. for pastoral workers who assume the position after the date of accession, according to the law of the cantonal churches of Basel-Landschaft.
1. For the Provision of Contributions to the Christian-Catholic Parish of Laufen, the 3 National Churches conclude an agreement on a direct burden sharing.
1. A regulation concerning the possible transfer of shares of the Regional Water Supply Birstal-Thierstein AG from the Canton of Bern to the Canton of Basel-Landschaft falls under the jurisdiction of the two cantons.
1. If municipal associations are dissolved, they must be liquidated according to their statutory provisions.
2. If the various municipalities have amortized their debts for public works differently, they must adjust their amortization to the extent that, upon the transfer of the relevant work to the Canton of Basel-Landschaft, there is an equally high amortization prescribed for all municipalities under Bernese law.
3. If necessary, the municipal associations shall ensure an appropriate adjustment within the framework of the liquidation.
1. The Canton of Basel-Landschaft assumes responsibility, based on agreements with the respective owners, for
a. the shares and membership rights of the Regional Progymnasium and Gymnasium Laufental-Thierstein,
b. the Laufen Hospital (Feningerspital) along with its assets and liabilities; dedicated funds remain intact,
c. the Liesberg wastewater treatment plant along with its inflow channels,
d. the inflow channels and share rights of the Duggingen-Grellingen Municipal Association in the Birs1 wastewater treatment plant, Reinach/Münchenstein.
2. Until the transfer of ownership, the Canton of Basel-Landschaft assumes the operating, amortization, and necessary investment costs according to Basel-Landschaft law, insofar as the costs of the facilities are not covered by federal funds or otherwise.
1. The Canton of Basel-Landschaft commits itself, based on agreements with the owners, to incorporate the following municipal roads into the cantonal road network upon the entry into force of this contract and to develop them according to needs
a. Roggenburg - Sägemühle,
b. Duggingen - Angenstein (up to the cantonal border of SO),
c. Wahlen - Breitenbach (up to the cantonal border),
d. Oberrüti - Liesbergdorf,
e. Metzerlen - Burg (cantonal-national border).
2. The Canton of Basel-Landschaft will take over the listed roads free of charge in the condition they are in at the time of the transfer of ownership.
3. The sidewalks along the cantonal roads may remain the property of the municipalities upon their request.
1. The Canton of Basel-Landschaft includes the continuation of the T18 from Angenstein to Liesberg, prioritizing local bypasses, in its road plan. It strives, together with neighboring cantons, to have the T18 included in the national road network.
1. Secondary school buildings shall remain the property of the municipalities.
2. The canton shall provide annual contributions towards the construction costs for interest and amortization until the remaining debt is paid off, in accordance with § 133 of the School Act of April 26, 1979.
1. The civic communities of the district of Laufen shall receive the state forest under the same conditions as the Canton of Basel-Landschaft obtained it from the Canton of Bern.
2. The Canton of Basel-Landschaft asserts the uncompensated transfer of the forest in the property negotiations with the Canton of Bern.
3. The civic communities may waive their rights to the forest in favor of the resident and civic communities as well as the civic corporations. If these are not prepared to take over the forest, the Canton of Basel-Landschaft shall remain the owner.
1. This agreement shall enter into force on January 1 of the year following its approval by the federal government.
2. After approval by the Laufental District Commission and the cantonal parliament of Basel-Landschaft, it shall be submitted to the people of the Laufen district and the canton of Basel-Landschaft for acceptance or rejection.
3. It shall be considered accepted if the eligible voters of the Laufen district and the canton of Basel-Landschaft have approved it in separate referendums. Additionally, the voters of the canton of Basel-Landschaft must approve the amendment to the state constitution and the law on the incorporation of the Laufen district on the same voting day.