Legislator · Canton of Basel-Landschaft — Cantonal Legislation
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Act on the Organisation and Management of the Landrat (Landrat Act) (Landratsgesetz) - Start of the Term of Office (PUK)

77 Articles / Provisions · Canton of Basel-Landschaft — Cantonal Legislation
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Table of Provisions (77)

§ 1 District Administration Act § 2 District Council Act § 3 County Council Law § 4 District Council Act § 5 District Administrator Act § 6 District Administrator Act § 7 Land Council Act § 8 District Administrator Act § 9 District Council Act § 10 County Council Act § 11 County Council Act § 12 District Administrator Act § 13 District Council Act § 14 County Council Act § 16a District Council Act § 17 County Council Act § 18 County Council Act § 19 County Rules Act § 20 District Council Act § 21 District Administrator Act § 22 District Council Act § 23 District Council Law § 24 District Administration Act § 25 County Council Act § 26 District Council Law § 27 County Council Act § 28 District Council Act § 29 County Council Act § 30 District Administrator Act § 31 District Council Act § 32 County Council Act § 33 District Council Act § 34 District Council Act - Motion § 35 District Council Act § 36 County Council Act § 37 District Council Act § 38 Landrat Act § 39 County Council Act § 40 County Council Act § 41 County Council Act § 42 County Council Act - Form § 43 District Council Act § 44 County Council Act § 46 District Council Act § 46a District Council Act § 47 County Council Act § 48 District Council Act § 49 District Council Act § 50 District Administration Act § 51 District Council Act § 52 County Council Law § 53 County Council Act § 54 District Council Act § 54a District Council Act § 55 County Council Act § 56 District Council Act § 57 District Council Act § 57a County Council Act § 58 County Council Act § 59 County Council Act § 60 District Administrator Act § 61 County Council Act § 61a District Council Act § 62 County Council Act § 63 District Council Act § 64 District Council Act § 65 County Council Act § 66 District Administrator Act § 67 County Council Act § 68 District Council Act § 69 District Council Act § 70 County District Law § 71 County Council Act § 71a District Council Act § 71b District Council Act § 71c County Council Act § 72 County Council Act

Statutory Text (77 Provisions)

Commencement of Term, Opening, and Swearing-In

1. The term of office begins on July 1st following the new elections.

Commencement of Term of Office, Opening, and Swearing-In

1. The District Administrator is convened by the State Chancellery for the first, constitutive meeting of a new term of office.

Commencement of Term of Office, Opening, and Swearing-In

1. Every council member must pledge upon taking office to uphold the constitution and the laws and to conscientiously fulfill the duties of the office.

2. Anyone who refuses to take the pledge forfeits the office.

Duties and Rights of Council Members

1. Council members are obligated to attend the meetings of the district council.

2. Those who are unable to attend must excuse themselves to the state chancellery for the attention of the district council presidency before the meeting begins.

3. These provisions apply mutatis mutandis to the meetings of the executive board, the committees, and the factions.

Duties and Rights of Council Members

1. Each member of the council shall inform the state chancellery in writing upon joining the cantonal council about

a. their professional activities and their employer;

b. membership in executive or supervisory bodies of commercial enterprises, corporations, institutions, and foundations under private and public law;

c. membership in the executive bodies of economic, professional, and political organizations;

d. the holding of political offices at the federal, cantonal, and municipal levels.

2. Any changes must be promptly reported to the state chancellery.

3. The state chancellery shall publicly disclose the register of interests.

Duties and Rights of Council Members

1. In matters subject to official secrecy, council members are obligated to maintain confidentiality.

2. Official secrecy pertains to facts and life circumstances that must be kept secret or treated confidentially to safeguard overriding public or private interests, to protect personal privacy, or out of consideration for ongoing proceedings.

3. Specifically subject to official secrecy are

a. personal data in clemency files;

b. personal data in application documents for elections to be conducted by the district council;

c. personal data in petitions and other submissions;

d. minutes of committees declared confidential.

Duties and Rights of Council Members

1. Council members recuse themselves from matters that directly concern them (§ 58 para. 1 KV).

2. Council members are particularly directly concerned if

a. they can derive a direct and personal benefit or suffer a disadvantage from a council matter;

b. they are candidates for elections to be conducted by the district council or its bodies; the duty to recuse does not apply to elections within the bodies of the district council;

c. they must judge pardon requests that concern them personally.

d. ...

3. Council members must also recuse themselves if their life partner is directly concerned as per para. 2.

4. The duty to recuse applies to preparation, consultation, and decision-making (§ 58 para. 2 KV).

5. In cases of dispute, the district council or the respective body decides.

6. The district council can validly deliberate and decide even if a majority of the council members are not present due to recusals.

Duties and Rights of Council Members

1. Council members may submit proposals regarding the matter or the procedure and introduce motions.

Duties and Rights of Council Members

1. Each member of the council may inspect documents referenced by the government council's submissions to the cantonal parliament.

1bis. Inspection of naturalization records is permissible within the framework of the disclosure of personal data according to the Federal Naturalization Act[4].

2. Documents subject to official secrecy are excluded from the right of inspection.

3. If there are disagreements regarding the scope of the right to inspect documents, the executive committee shall decide after consulting the government council.

Duties and Rights of Council Members

1. Each council member is entitled to receive information for the purpose of fulfilling their official duties from the State Chancellery, the Financial Oversight Authority, the Legal Services of the Government Council and the Cantonal Council, and the various departments.

2. Excluded from the right to information are

a. Facts and records subject to official secrecy;

b. Facts and records currently under deliberation by the Government Council, for the duration of such deliberation.

Duties and Rights of Council Members

1. Council members are entitled to compensation that is intended to adequately remunerate the necessary expenses for the exercise of the county council mandate.

2. The county council determines the compensation in its rules of procedure. The provisions regarding the optional referendum (§ 31 para. 1 lit. b of the cantonal constitution) remain reserved.

**Organization of the Landrat**

1. The organs of the district council are

a. * the district council presidency;

b. * the 2 vice presidencies;

c. * the executive board;

d. * the committees;

e. * the parliamentary groups.

f. * ...

**Organization of the District Administrator - Governing Bodies**

1. The Office of the District Council President has the following duties

a. * Preparation of the agenda in consultation with the Executive Council;

b. * Chairing the meetings of the District Council and the Executive Committee;

c. * Representing the District Council externally, particularly in relation to the Executive Council.

2. The District Council may assign additional tasks to the Office of the District Council President.

**Organization of the District Administrator - Governing Bodies**

**1. The Vice Presidencies have the following duties:**

a. * Representation of the County Council Presidency in its absence. The 1st Vice Presidency, and, if it is unavailable, the 2nd Vice Presidency, assumes the chairing of County Council meetings, participates in voting, and casts the deciding vote in the event of a tie;

b. * Support of the County Council Presidency in fulfilling presidential duties.

**2. The County Council may assign additional tasks to the Vice Presidencies.**

**Organization of the District Administrator - Governing Bodies**

1. The executive committee of the Cantonal Council consists of the council presidency, the vice-presidencies, and the faction presidencies.

2. The faction presidencies may be represented in the executive committee.

3. The executive committee has the following duties

a. It elects the presidency and vice-presidency of the commissions, whereby the factions have the right to propose candidates.

b. It elects the members of special commissions, whereby the factions have the right to propose candidates.

c. It elects 5 vote counters, whereby the factions have the right to propose candidates.

d. It decides on the rejection of proposals and motions for formal reasons.

e. It resolves matters regarding the internal affairs of the Cantonal Council.

f. It drafts the budget for parliamentary expenses and decides on the execution of approved expenditures.

f.bis * It ensures effective controlling.

g. It deliberates on procedural postulates and submits recommendations to the Cantonal Council.

h. It sets the agenda for the Cantonal Council.

i. It advises on approaches to politically difficult issues.

j. It decides on the participation of court presidencies in the sessions of the Cantonal Council (§ 54 of this law).

4. The Cantonal Council may assign additional duties to the executive committee.

5. The clerk of the council participates in the meetings of the executive committee in an advisory capacity.

Organization of the District Council - Committees

1. The District Administrator establishes standing committees. These committees prepare business matters, submit reports, and make motions.

1bis. Standing committees can conclusively handle reports on motions and postulates, and write off initiatives if the corresponding decisions are made without dissent.

2. The District Administrator designates the standing committees and determines their tasks, the number of members, and any potential incompatibilities.

3. The tasks of the Audit Committee and the Finance Committee are governed by Sections 61 and 62 of this Act.

4. The members of the standing committees are elected by the District Administrator.

5. The Government Council informs the standing committees in advance about the following intended matters

a. Legislative proposals;

b. State treaty negotiations;

c. Financial decisions on new expenditures;

d. Significant cost overruns in commitment credits;

e. Requests for additional and supplementary credits;

f. * Fundamental plans of state activities (Section 65 Cantonal Constitution);

g. * Fundamental changes to the administrative organization, in particular the determination of the areas of responsibility of the directorates as well as changes to the organizational and service structure.

Organization of the District Council - Committees

1. The District Council may establish special commissions

a. for the preliminary review of matters that do not fall within the jurisdiction of a standing commission;

b. for the preliminary review of matters that, although assigned to a standing commission, require special consideration due to their significance;

c. within the framework of parliamentary oversight for the clarification of specific incidents (Parliamentary Investigation Commissions, §§ 64 ff. of this Act).

2. The District Council determines the number of members in the special commissions.

Organization of the District Council - Committees

1. The members of the government council responsible for the matter generally participate in the commission meetings. They have the right to propose motions.

2. The members of the government council may be accompanied by experts from the administration or be represented by them with the consent of the commission presidency.

3. The commissions may decide to forgo the participation of members of the government council.

4. The members of the government council attend the meetings of the audit commission by invitation.

Organization of the District Council - Committees

1. The commissions may furthermore

a. * invite the members of the Cantonal Court, the Ombudsperson, as well as the Data Protection Officer to their meetings;

b. invite, with notification to the head of the directorate, additional staff from the administration to their meetings;

c. * invite, with notification to the presidency of the Cantonal Court, additional staff of the courts to their meetings.

Organization of the District Council - Committees

1. Members of the Government Council are required to provide the committees with all the information and documents necessary for the fulfillment of their duties.

2. In matters regarding the administration of justice, this obligation rests with the presidencies of the Cantonal Court.

3. In the event of disagreements concerning the obligation to provide information or to hand over documents, the board of management shall decide after hearing the Government Council or the appropriate court. Individual committee members also have the right to call upon the board of management.

Organization of the District Council - Committees

1. The meetings of the commissions and their minutes are not public. However, the commissions may decide to conduct hearings and interviews with experts, responsible parties, and directly affected individuals (hearings) publicly.

2. Participants in commission meetings are bound by official secrecy.

3. Commission members may express themselves without restriction in their parliamentary groups about the commission meetings.

4. Members of the government council and experts from the administration may fully inform the government council about the commission meetings.

Organization of the District Council - Committees

1. If a matter concerns inter-cantonal issues, the commissions may engage in joint consultations with the relevant parliamentary commissions of other cantons.

Organization of the District Council - Committees

1. The district governor may appoint commissions to provide advisory support to the government council during treaty negotiations in the preparation of significant international treaties requiring his approval (§ 64 para. 3 of the Constitution).

2. The government council shall inform the standing committees of its intention to conclude an important international treaty subject to approval as soon as it has adopted a negotiation mandate.

1. Organization of the District Council - Factions

1. Parliamentary groups are alliances of council members who belong to the same party, or have agreed to form a parliamentary community as members of different parties or as independents.

2. The minimum size of a parliamentary group is 5 members.

Organization of the District Council - Factions

1. Parliamentary groups discuss council matters, prepare elections, and submit election proposals.

Organization of the District Council - Factions

1. Parliamentary groups are considered in proportion to their strength

a. * ...

b. * in the election of the presidiums, the vice-presidency, and the other members of the commissions.

2. Parliamentary groups that, due to their number of members, would not have a proportional claim to representation in the individual commissions according to § 27 paragraph 1, shall receive at least as many seats in these commissions as their proportional claim on the total number of seats of these commissions corresponds to.

2bis. An extraordinary complete renewal of the commissions can take place for the remainder of the term of office if the cantonal parliament agrees with a 2/3 majority.

3. The rotation in the appointment of the presidium and vice-presidiums of the cantonal parliament is determined as far as possible by the strength of the parties according to the distribution of mandates in the cantonal elections of the last 16 years.

Organization of the District Council - Factions

1. The parliamentary groups receive annual contributions for the fulfillment of their tasks.

2. The contributions consist of a fixed basic amount and an additional amount, which is determined by the number of members in the parliamentary groups. Members of the council who do not belong to any group also receive the additional amount.

3. The district administrator regulates the contributions in the rules of procedure.

Organization of the District Council - Factions

1. Council members not belonging to any faction may be involved in the deliberation of a matter

a. in the committees upon resolution of the local council or a committee, and

b. * in the executive management upon its resolution.

2. If a matter arises from their initiative, they must be involved.

Organization of the District Council - Parliamentary Services

1. The State Chancellery is available to the Regional Council and its bodies, as well as the council members, for services. It particularly fulfills the following duties

a. * It assists with the planning and organization of council meetings.

b. * It conducts the clerical business and the minutes of the meetings of the Regional Council, the executive management, and the commissions.

c. It procures documents for the Regional Council and its commissions as well as for the factions and the council members.

d. It archives documents for the Regional Council and its commissions.

e. * It advises the council members, particularly the presidency of the Regional Council and the commission presidencies, on technical matters and procedural issues.

2. The Regional Council may assign additional tasks to the State Chancellery.

Organization of the District Council - Parliamentary Services

1. The Cantonal Council Presidency, the Executive Board, and the Commissions may directly assign tasks to the Legal Service of the Government Council and the Cantonal Council.

2. The Legal Service provides the Government Council with copies of its reports.

Organization of the District Council - Parliamentary Services

1. The Financial Control is available to the District Council and its committees in accordance with the provisions of the Financial Control Act.

Organization of the District Council - Parliamentary Services

1. By resolution of the General Commission, the district commissions may independently assign tasks to external experts. Such assignments require approval from the management.

2. The costs associated with the assignment are considered finally approved.

3. To the extent that the external experts become aware of facts subject to official secrecy, they are bound to keep those facts confidential.

45. Businesses - Parliamentary Initiatives

1. Through the motion, the Cantonal Parliament can instruct the Government Council to

a. Draft a proposal for the amendment or supplementation of the Cantonal Constitution;

b. Draft a proposal for the amendment, supplementation, or enactment of a law or decree;

c. Draft a proposal for another measure falling within the jurisdiction of the Cantonal Parliament or for a resolution by the Cantonal Parliament;

d. Submit a report.

2. Members of the Parliament, committees, and factions can submit motions to the Cantonal Parliament.

3. If the motion is referred to the Government Council, it must present the proposal within 2 years after the referral. The Cantonal Parliament can extend or shorten this deadline.

45. Businesses - Parliamentary Initiatives

1. With the postulate, the cantonal parliament (Landrat) can

a. instruct the government council (Regierungsrat) to examine a specific matter, report on the deliberations, and submit a proposal;

b. invite the government council to follow a particular course of action or behavior within its own area of competence.

2. Members of the parliament, committees, and factions can submit postulates to the cantonal parliament.

3. Accepted postulates obligate the government council to conduct an examination and reporting within 1 year. The cantonal parliament may extend or shorten this deadline.

45. Businesses - Parliamentary Initiatives

1. Members of Parliament may submit detailed proposals through a parliamentary initiative

a. for the enactment, amendment, supplementation, or repeal of constitutional provisions, laws, and decrees;

b. for resolutions on cantonal referendums and cantonal initiatives (Art. 141 and Art. 160 para. 1 of the Federal Constitution).

1bis The parliamentary initiative must be signed by at least 12 members of Parliament.

2. The parliamentary initiative is referred to a commission for preliminary discussion if it is provisionally supported by the majority of the members of Parliament present.

3. For the preliminary discussion, the commission may engage external experts or - with the consent of the competent department head - employees from the cantonal administration.

45. Businesses - Parliamentary Initiatives

1. Procedural motions are independent requests made by council members, committees, and factions that aim to amend the rules of procedure or to implement a measure concerning the internal affairs of the legislative council.

2. The legislative council refers procedural motions to the executive committee or a committee. The executive committee or the committee is obligated to either submit the requested draft to the legislative council or to report within 3 months of the referral.

45. Businesses - Parliamentary Initiatives

1. Interpellations are inquiries from council members, committees, or factions requesting the government council to provide information on fundamental questions of cantonal policy.

2. The government council shall respond to the interpellation in writing within 3 months.

45. Businesses - Parliamentary Initiatives

1. Resolution requests are independent motions intended to express the opinion of the Landrat on significant events. They must be signed by at least 12 members of the council.

2. The governing council may issue an opinion on the resolution request.

3. A resolution is considered adopted if it is approved by 2/3 of the members of the council.

45. Businesses - Parliamentary Initiatives

1. The Government Council answers brief written questions from council members regarding cantonal politics during the question hour. No discussion takes place.

45. Businesses - Parliamentary Initiatives

1. Members of the council, commissions, and parliamentary groups may submit written inquiries to the government council regarding matters within the domain of cantonal policy.

2. The commissions may submit written inquiries to the cantonal court regarding matters within the domain of judicial administration.

3. The government council or the competent court shall respond to the inquiries in writing within 3 months. No discussion shall take place.

Businesses - Templates

1. The Executive Council, the Cantonal Court, the Management Board, and the Committees submit matters to the Cantonal Parliament in the form of proposals or reports.

2. The proposals consist of the motion and the written report justifying it.

**Business - Templates**

1. The Executive Council and the Cantonal Court may only withdraw their proposals, after they have been delivered to the members of the council, with the consent of the Executive Committee.

**1. Businesses - Government Planning and Reporting**

1. The Executive Council submits the Government Program to the Cantonal Council by the end of December of the first year of a new term of office for information.

2. ...

3. The Government Program contains

a. the overarching objectives and strategic priorities of the Executive Council's policy for the next four years;

b. the principal measures and projects of the departments to implement the priorities;

c. * ...

4. A consistent numbering system is applied for listing the principal measures and projects of the departments.

**1. Businesses - Government Planning and Reporting**

1. The Government Council, the courts, and the ombudsperson report annually to the Cantonal Council on their activities.

2. The Cantonal Council approves the annual reports.

3. ...

4. ...

**1. Businesses - Government Planning and Reporting**

1. The Executive Council submits the participation report to the Cantonal Council in accordance with the Act of June 15, 2017, on Participations (PCGG) for their information.

2. ...

Petitions - Businesses

1. A petition is treated as a submission by authorities or private individuals to the district administrator, containing specific requests, pleas, suggestions, or complaints, and does not adhere to a particular legal form.

Petitions - Businesses

1. The competent commission or the management board may forward petitions, the handling of which does not fall within the competence of the district council, to the appropriate authority.

2. The commission's presidency decides, as a precautionary measure, on the provisional commencement or provisional release of a sentence

a. * in the case of applications for the partial or complete remission of an unconditional prison sentence;

b. * in the case of applications for the conversion of an unconditional sentence into a conditional prison sentence.

3. The commission or the management board may conclusively respond to petitions of obviously untenable content.

4. The commission or the management board may, with notification to the petitioner, directly submit certain petitions to the ombudsperson.

5. The commission or the management board shall inform the district council of cases according to paragraphs 1, 3, and 4.

Sessions of the District Council - Convening and Quorum

1. The district council assembles for regular meetings pursuant to its own decision or by decision of the executive committee.

2. The district council convenes for extraordinary meetings if 30 council members or the government council request it, specifying the matters to be addressed.

Sessions of the District Council - Convening and Quorum

1. For the county council to validly deliberate and make decisions, the majority of the council members must be present.

2. A member is also considered present if they participate in votes in absentia during crisis situations, in accordance with § 57a of this law.

Sessions of the County Council - Rules of Procedure

1. The Cantonal Council Presidency admonishes council members who disrupt the deliberations or otherwise violate this law or the rules of procedure.

2. In severe cases or in the event of repeated violations, the Cantonal Council Presidency is authorized to

a. issue a reprimand to the council member;

b. exclude the council member from the ongoing session of the Cantonal Council.

3. In repeated, severe cases, the executive committee is authorized to exclude council members from further sessions of the Cantonal Council.

4. This provision applies analogously to the meetings of the executive committee and the commissions.

Meetings of the District Council - Rules of Procedure

1. The members of the Executive Council participate in the sessions of the Cantonal Council ex officio. Members of the Executive Council who are unable to attend must provide an excuse to the presidency of the Cantonal Council before the session begins.

2. The members of the Executive Council have a consultative voice and the right to submit motions.

Meetings of the District Council - Rules of Procedure

1. The Executive Council may invite expert witnesses from the administration to the meetings of the Cantonal Council.

2. These individuals may only speak if requested by the Executive Council and approved by the Cantonal Council.

Sessions of the County Council - Rules of Procedure

1. The Presidium of the Cantonal Court participates ex officio in the meetings of the Landrat concerning the task and financial plan, the annual financial statement, and the annual report of the Cantonal Court. It has an advisory vote and the right to submit motions.

2. The management may summon the presidencies of the departments of the Cantonal Court to the Landrat meetings for the consultation of judicial matters.

3. The court presidencies have an advisory vote and the right to submit motions.

Meetings of the District Council - Rules of Procedure

1. The Ombudsperson, the head of financial control, and the head of the data protection supervisory office may participate in the meetings of the Cantonal Council regarding the task and financial plan and the annual financial statement. They have a consultative voice.

2. The Ombudsperson may participate in the meetings of the Cantonal Council concerning their annual report.

3. The executive committee of the Cantonal Council may require the Ombudsperson, the head of financial control, and the head of the data protection supervisory office to attend the meeting.

Meetings of the District Council - Rules of Procedure

1. The deliberations of the cantonal council are public (§ 55 para. 1 of the Cantonal Constitution).

2. The cantonal council may exclude the public for the discussion of a specific matter to protect legitimate interests.

3. The gallery in the cantonal council chamber is open to listeners.

4. Anyone who disrupts the proceedings may, after a prior warning, be removed by the ushers at the instruction of the council's presidency or by the police.

Meetings of the District Council - Rules of Procedure

1. Representatives of the media shall, in principle, receive the same documents that are distributed to the council members. The management shall determine any exceptions.

2. Audio and video recordings during the council meetings are permitted, subject to § 55 paragraph 2 of this law. The operations of the council must not be disrupted as a result.

Sessions of the District Council - Voting and Elections

1. The district council member votes openly. At least 12 council members can request a roll-call vote in writing.

2. Unless otherwise provided by law, the calculation of the majority is determined by the absolute majority of those voting.

Sessions of the District Council - Voting and Elections

1. The Executive Committee may decide that council members are allowed to vote in absence during council meetings, provided that

a. there is a crisis situation,

b. there is a risk of increased involuntary absences of council members, and

c. the balance of power between the factions during votes or the representation of an electoral district is significantly at risk.

2. The decision requires the approval of a 2/3 majority of the participating members of the Executive Committee. If the presidency or vice presidencies of the council are unable to participate in the decision-making due to the crisis situation, the respective faction may appoint a representative, analogous to the faction presidencies as per § 16a para. 2.

3. The Executive Committee shall provide a justification for its decision and establish the criteria under which an absence is deemed involuntary, which entitles council members to participate in voting in absence.

4. The Executive Committee may authorize voting in absence for a maximum of 3 consecutive council meetings at a time.

5. The decision of the Executive Committee is immediately applicable but must be confirmed by the council at its next session.

6. An involuntary absence may only entitle a council member to participate in voting in absence; any other rights of council members at council meetings require personal attendance.

**Sessions of the District Council - Voting and Elections**

1. Elections shall be conducted in writing and by secret ballot, unless the management is the electoral authority.

2. If the number of nominees corresponds to the number to be elected, the district council may decide on an uncontested election. In this case, the district council presidency declares the nominees elected.

3. Uncontested elections are excluded for the appointments of

a. * the presidium and vice-presidiums of the district council;

b. * the presidium and vice-presidium of the government council.

4. For elections, the first ballot requires an absolute majority of valid votes, and each subsequent ballot requires a relative majority.

Publication

1. ...

2. The following resolutions of the Cantonal Council are to be published in the official cantonal gazette

a. Elections;

b. Expenditure resolutions and planning resolutions, insofar as they are subject to an optional referendum (§ 31 para. 1 Cst.);

c. Resolutions;

d. * Resolutions regarding the validity or invalidity of popular initiatives;

e. * Enactments and amendments to enactments.

3. The Cantonal Council may arrange for the publication of additional resolutions of public interest in the official cantonal gazette.

**Parliamentary Oversight - Bodies of Oversight**

1. Organs of Supreme Oversight are

a. the Audit Committee;

abis. * the Interparliamentary Audit Committees;

b. the Finance Committee;

c. other committees, insofar as the Cantonal Council assigns them responsibilities related to supreme oversight;

d. the Parliamentary Investigation Committees.

Parliamentary Oversight - Business Audit Commission, Inter-Parliamentary Business Audit Commissions, Finance Commission, and Other Commissions

1. The Business Audit Committee is entrusted with the following duties

a. * It supervises the cantonal administration, the courts with regard to judicial independence, the autonomous cantonal and intercantonal administrative enterprises, as well as the Ombudsperson and the Data Protection Supervisory Authority within the framework of parliamentary oversight;

b. * It reviews the annual reports of the government council, the courts, and the Ombudsperson;

c. It conducts investigations and reports its findings to the Cantonal Parliament (Landrat).

d. It exercises, in consultation and cooperation with the permanent committees, the oversight of impact assessments in the area of cantonal legislation.

2. The Cantonal Parliament may assign additional tasks to the Business Audit Committee.

3. The Business Audit Committee

a. * May request special reports from the government council, the cantonal court, the state chancery, the ombuds office, the financial control office, and the Data Protection Supervisory Authority;

b. * May directly obtain oral or written information from all authorities and offices and request or inspect files;

c. * May question persons employed by authorities as per letter a, even after they have left service, and receive information from them as well as obtain oral or written statements;

d. * Informs the department chairperson, the presidency of the cantonal court, the state scribe, the Ombudsperson, the head of the financial control office, or the management of the Data Protection Supervisory Authority in a timely manner about its relevant activities;

e. * Informs the affected parties of their rights and obligations.

3bis Persons questioned

a. Are obligated to provide the Business Audit Committee complete information about observations made in the performance of their work and identify all documents related to the subject of the investigation;

b. May refrain from giving statements that could incriminate them criminally;

c. Shall not suffer any disadvantage due to their statements to the Business Audit Committee;

d. May be accompanied by a superior authority during questioning by the Business Audit Committee.

4. If the Business Audit Committee conducts investigations according to paragraph 1 letter c, § 68 shall apply analogously.

5. The Cantonal Parliament determines the number of members in its rules of procedure.

Parliamentary Oversight - Business Audit Commission, Inter-Parliamentary Business Audit Commissions, Finance Commission, and Other Commissions

**1. To the extent not otherwise provided in the state treaties, the Interparliamentary Business Audit Commissions have the following tasks:**

a. They review the implementation of the state treaties and report to the parliaments.

b. They examine the annual report and financial statements of the Intercantonal Institutions and acknowledge the audit report.

c. They ensure they are informed in a timely and comprehensive manner by the management and supervisory bodies of the intercantonal institutions.

d. They may propose to the parliaments amendments to the state treaties that are subject to their approval or recommend specific oversight measures.

**2. Each parliament of the contracting cantons may assign additional responsibilities and powers to the Interparliamentary Business Audit Commissions within the framework of oversight rights.**

**3. The Interparliamentary Business Audit Commissions can access the records at any time and request information from the bodies and employees of the intercantonal institutions.**

Parliamentary Oversight - Business Audit Commission, Inter-Parliamentary Business Audit Commissions, Finance Commission, and Other Commissions

**1. The Finance Commission Handles on Behalf of the Cantonal Council:**

a. * the task and financial plan;

b. * the annual financial statement;

c. * ...

d. the investment program;

e. * all proposals that foresee contributions to public and private companies and institutions or include requests for credit, insofar as they are not assigned to permanent commissions by the rules of procedure;

f. * the participation report.

**2. The Finance Commission Monitors the Entire Financial Budget, Particularly:**

a. the execution of expenditures;

b. the management of state assets;

c. * the issuance of bonds;

d. liquidity planning.

**3. The Cantonal Council May Assign Further Tasks to the Finance Commission.**

**4. The Finance Commission Has the Same Rights to Information and Insight as the Audit Commission (§ 61 para. 3, 3bis and 4).**

**5. The Cantonal Council Determines the Number of Members in the Rules of Procedure.**

Parliamentary Oversight - Business Audit Commission, Inter-Parliamentary Business Audit Commissions, Finance Commission, and Other Commissions

1. The District Administrator may, in individual cases and after consulting the Audit Commission, delegate oversight investigations to other commissions.

2. In the resolution, he shall define the content and objectives of the assignment as well as the powers of the commission.

**Parliamentary Oversight - Parliamentary Investigation Commissions (PIC)**

1. The District Council President may, within the scope of his supervisory authority, for the clarification of specific occurrences, after consulting the Government Council or the Cantonal Court and the Audit Commission

a. appoint Parliamentary Inquiry Commissions (PIC);

b. equip the Audit Commission with the powers of the PIC.

2. The PIC may

a. solicit oral or written information from the authorities, members of the authorities, employees of the cantonal administration and the courts, as well as from private individuals;

b. demand the submission of all documents from the Government Council, the Cantonal Court, the Ombudsperson, and the Data Protection Supervisory Authority;

c. question witnesses;

d. consult experts;

e. conduct inspections.

3. The persons questioned are obligated to provide the PIC with complete information on their observations made in the course of their official duties or while exercising their service and to identify all documents pertinent to the investigation. They must not suffer any disadvantages as a result of their statements to the PIC.

**Parliamentary Oversight - Parliamentary Investigation Commissions (PIC)**

1. Directly affected individuals have the right to attend interviews, ask additional questions, access the records of the Parliamentary Inquiry Commission (PUK), and request further clarifications.

2. The same rights are also granted to

a. * the members of the Cantonal Government, insofar as it concerns incidents within the cantonal administration;

b. * the Presidencies of the Cantonal Court, insofar as it concerns incidents within those areas of judicial administration that fall under their supervision;

c. * the Ombudsperson, insofar as it concerns incidents within the Ombudsman's office;

d. * the Data Protection Officer, insofar as it concerns incidents within the supervisory authority.

3. The PUK may refuse attendance at interviews and access to records to the extent that it is essential for conducting the investigation and safeguarding overriding public or private interests.

4. The PUK submits its final report to the authorities and individuals against whom allegations have been made for a written response. This response must be attached to the final report.

**Parliamentary Oversight - Parliamentary Investigation Commissions (PIC)**

1. The provisions of the Swiss Criminal Procedure Code (StPO) shall apply mutatis mutandis to the examination of witnesses.

2. Members of authorities, officials, and employees may be released from the obligation to testify by the competent authority if they would be required to disclose federal official secrets, the preservation of which has been made their duty.

**1. Parliamentary Oversight - Parliamentary Investigation Committees (PIC)**

### 1. The Provisions for Experts and the Conduct of Inspections

The provisions of the Swiss Code of Criminal Procedure (SCCP) apply mutatis mutandis to experts and the conduct of inspections.

**1. Parliamentary Oversight - Parliamentary Investigation Committees (PIC)**

1. As long as the investigation is ongoing, the commission members and other participants in the commission meetings and interrogations are not authorized to make statements about the proceedings and interrogations or the preliminary findings.

2. The members of the governing council may inform the governing council about the commission meetings and the interrogations. The same right to information is afforded to the members of the cantonal court vis-à-vis the presiding members of their court.

**Right of the Public to Access Records**

1. The right to public access to documents, as provided in Section 55, Paragraph 2 of the Cantonal Constitution, does not apply to documents excluded from the right of access under Section 9 of this Act, as well as to commission minutes.

2. The executive board decides in cases of doubt.

Final Provisions

1. The District Administrator issues the implementing provisions for this law in the rules of procedure.

Final Provisions

1. Repealed are

a. the Rules of Procedure of the District Council dated September 5, 1977,

b. the Decree of December 16, 1976, concerning the compensations to the members of the District Council.

Final Provisions

1. The Law of September 7, 1981 on Political Rights is amended as follows: ...

Final Provisions

1. The Act of June 6, 1983, concerning the Organization of the Government Council and the Cantonal Administration (Administrative Organization Act) is amended as follows: ...

Final Provisions

1. The Law of October 30, 1941, Concerning the Introduction of the Swiss Criminal Code is amended as follows: ...

Final Provisions

1. This law shall enter into force on the following July 1st after its adoption by the people.

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