Act on the Separation of Powers - Courts

1. Except for justices of the peace, the following may not be members of the district council

a. * the members and substitute members of the courts (§ 51 of the Cantonal Constitution);

b. * the court clerks (§ 51 of the Cantonal Constitution);

c. * the head of the court administration and their deputy, as well as employees of the court administration who regularly collaborate on court submissions to the district council.

1. Members of the strategic management bodies of participations in the sense of the Act of June 15, 2017, on Participations (PCGG) may not belong to the county council.

2. Members of the operational management bodies of strategically important participations in the sense of the Act of June 15, 2017, on Participations (PCGG) may not belong to the county council.

1. Employees of the cantonal administration may not be members of the Cantonal Parliament if they

a. * are subject to the direct right of instruction of the head of the directorate, or

b. * regularly participate in the preparation of submissions from the government council to the Cantonal Parliament.

c. * ...

2. In particular, the following may not be members of the Cantonal Parliament

a. * heads of departments and their deputies;

b. * heads, their deputies, and the legal staff of the legal services of the cantonal administration;

c. * specialists in the government council's controlling and in the controlling of the directorates;

d. * heads of the information and communication services of the cantonal administration and their deputies;

e. * youth advocates.

f. * ...

1. Membership Exclusions for the District Council

a. * The District Clerk, the 2nd District Clerk, the Head of the State Archives and their deputies, as well as the staff of the parliamentary services of the District Council (State Chancellery, Financial Control, Legal Service of the Executive Council and District Council); excepted are the staff of the State Archives;

b. * The Data Protection Officer, their deputy, and other specialists of the Data Protection Supervisory Authority;

c. * The Public Prosecutors.

1. Anyone who, according to the constitution or the law, cannot simultaneously be a member of the district council and a member of another authority or an employee of the cantonal administration, must choose between one function or the other after being elected.

1. This law enters into force on July 1, 2003.

2. The law of February 14, 1977, on the separation of powers is repealed at this time.