Ordinance on the Co-reporting and Consultation Procedures - Subject Matter

1. This regulation governs the implementation of

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| a. | the co-reporting procedure for obtaining internal administrative statements; | | |

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| b. | the consultation procedure in accordance with [§ 34 paragraph 2](https://bl.clex.ch/data/100/en/art34) of the Cantonal Constitution for obtaining external administrative statements. | | |

2. The co-reporting procedure and the consultation procedure serve to facilitate the formation of opinions and decision-making by the Council of Ministers and the Cantonal Parliament.

3. Reserved is the ordinance on the hearing of municipalities[[2]](#paragraphtext_content_fn_4134552_2_2_c).

1. Reports are to be obtained

a. for all drafts of decrees at all levels of lawmaking (constitution, laws, decrees, ordinances)

1. from the Legal Service of the Government Council (legal review) and

2. from the State Chancellery (legislative technical and editorial review).

3. The legal review can be waived in the case of unproblematic decrees and amendments to decrees.

b. for drafts of public-law contracts (state treaties, administrative agreements, and administrative contracts)

1. from the Legal Service of the Government Council.

2. For standard administrative contracts, a report is only required before the first conclusion or in the event of significant deviations.

c. for particularly important or contentious legal questions in other matters: from the Legal Service of the Government Council;

d. for all drafts for proposals to the Cantonal Parliament: from the State Chancellery (formal review);

e. * for all matters, including those for consultation or hearing, which may trigger financial consequences, as well as for planning reports (financial and budgetary review): from the Department of Finance and Church Affairs;

f. for matters of fundamental importance or significant impact on personnel matters: from the Department of Finance and Church Affairs;

g. for matters of fundamental importance or significant impact in the area of IT: from the Department of Finance and Church Affairs;

g. bis * for matters of fundamental importance for or significant impacts on small and medium-sized enterprises (SMEs): from the Directorate for Economic and Health Affairs;

g. ter * for matters of fundamental importance or significant impact in the area of location promotion: from the Office for Location Promotion;

h. for matters that affect the area of responsibility of other departments: from the affected departments.

2. Further matters may be subjected to the co-reporting procedure by the State Chancellery on a case-by-case basis after consultation with the applying department.

3. In complaint procedures, it is possible to waive the obtaining of a report from the affected departments if they have already expressed their opinion within the framework of the consultation procedure in accordance with the provisions of administrative procedure law.

4. The ordering of the co-reporting procedure by the Government Council remains reserved when handling a matter.

1. Responsibility for carrying out the procedure lies with the requesting department. It obtains collaboration reports from the departments pursuant to § 2 paragraph 1.

2. Explanatory notes must be attached to the collaboration report submission to facilitate a well-informed assessment of the project; these notes should particularly include a brief overview of the objectives, the main features, and the financial implications of the project.

3. The collaboration report is generally to be submitted to the requesting department within 10 working days. For extensive or complex matters, the requesting department may set a reasonably extended deadline.

4. The collaboration report can also be conclusively provided during the consultation process if the consultation draft is approved without changes or if it is modified in accordance with the collaboration report.

1. The accompanying report must be concise and clear.

1bis Any questions and differences of opinion between the participating departments and the requesting directorate are to be resolved through direct contact before drafting a written accompanying report.

2. If the application is rejected, it must be specified in what modified form it might be approved.

3. In place of a written accompanying report, working groups may be established. A protocol must be prepared, which in its conclusions must comply with paragraphs 1 and 2.

1. If the supplementary report proposes complete or partial rejection of the matter, the requesting department decides whether to maintain its original request, withdraw it, or amend it in accordance with the supplementary report.

2. Any differences between the requesting department and the participating entity are to be resolved bilaterally before the request is submitted to the government council. If differences persist or cannot be resolved bilaterally, they must be explained in the submission, with reference to the reconciliation process undertaken.

3. After assessing the supplementary report procedure, the requesting department submits the parliamentary proposals with financial implications to the Finance and Church Directorate before they are forwarded for consultation and before they are sent to the parliament. This is done to obtain the results of the financial and budgetary review.

4. The Finance and Church Directorate provides the requesting department with the written review results within 5 working days.

5. The requesting department includes the review results in the explanations accompanying the request, following the chapter on financial implications.

1. The result of the co-report procedure shall be concisely recorded on the cover sheet of the application to the government council.

2. The application to the government council shall be accompanied by

a. the co-reports and any related documents in full text;

b. a brief written justification explaining why requests made in the co-report procedure were not considered;

c. * the result of the financial legal review by the Finance and Church Directorate for proposals to the cantonal parliament with financial implications.

1. The State Chancellery reviews applications for completeness of the documentation and the proper execution of the co-reporting procedure.

2. It returns applications, whose documentation is incomplete, to the submitting department.

3. It directs applications, for which the co-reporting procedure pursuant to § 2 paragraph 1 has not been conducted, directly to the relevant entity for a co-report, notifying the submitting department of this action.

1. A consultation procedure pursuant to [§ 34 paragraph 2](https://bl.clex.ch/data/100/en/art34) of the Cantonal Constitution shall be conducted for

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| a. | Constitutional amendments, | | |

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| b. | Laws, | | |

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| c. | State treaties with content amending the constitution or laws. | | |

2. The Government Council may conduct a consultation procedure for additional proposals.

1. Upon review of the draft of the consultation proposal, the Executive Council instructs the submitting department to conduct the consultation procedure.

2. The consultation period generally amounts to 3 months.

3. A shorter period may be set, particularly in cases of urgency, or when only individual fundamental questions arise.

4. The submission of opinions must be in writing.

5. For significant reasons, particularly in urgent proposals, the Executive Council may exceptionally order a conference hearing instead of the written procedure.

1. The competent directorate or the state chancery evaluates the received statements and revises the draft.

2. The draft submitted to the district council clearly presents the outcome of the consultation process, explaining which substantial proposals have been considered and which have not.

1. The Ordinance of July 15, 2003, regarding the Consultation of Municipalities is amended as follows: ...

1. The Ordinance of August 15, 1995, on the Co-Reporting Procedure is repealed.

1. This regulation shall enter into force on July 1, 2006.