The Canton of Basel-Stadt

1. The Canton of Basel-Stadt is a liberal, democratic, and social constitutional state.

2. State authority is based on the people. It is exercised by the eligible voters and the authorities.

1. The Canton of Basel-Stadt is a member state of the Swiss Confederation.

2. It

a) participates in the formation of the Confederation while safeguarding its interests,

b) supports the Confederation in fulfilling its tasks,

c) assumes the tasks delegated to it by the Confederation.

3. The authorities strive to gain the support of the Confederation for projects of regional, cantonal, and cross-border interest in the Basel agglomeration.

4. The Canton promotes good and stable relations between Switzerland and the European Union and neighboring countries.

1. The authorities of the Canton of Basel-Stadt aim to strengthen cooperation in the region. They collaborate with the authorities of the cantons, particularly the Canton of Basel-Landschaft, the municipalities of the agglomeration, and the Upper Rhine region to fulfill common or regional tasks.

2. The authorities of the Canton of Basel-Stadt strive to conclude agreements with domestic and foreign authorities within the agglomeration and region, establish joint institutions, and organize mutual burden-sharing.

3. In cooperation with regional territorial entities, they seek to harmonize legislation.

4. Democratic participation rights are to be guaranteed.

1. The Canton of Basel-Stadt seeks a cross-canton and cross-country cooperation of parliaments and promotes the establishment of joint institutions for this purpose.

1. The basis and limit of state action is the law.

2. State action must be in the public interest and proportionate.

3. State bodies and private individuals shall interact with one another according to good faith.

1. Each person is obligated to adhere to the legal order.

2. Each person bears responsibility for themselves as well as towards their fellow human beings and the environment.

3. Each person contributes to the best of their ability to the fulfillment of tasks in the state and society.

1. The dignity of the human being is inviolable and takes precedence over all fundamental rights. Respecting it is the obligation of everyone.

1. All persons are equal before the law.

2. No person shall be discriminated against, particularly not on the grounds of race, gender, age, language, genetic characteristics, ethnic and social origin, social status, lifestyle, sexual orientation, religious, philosophical, or political beliefs, or on account of a disability.

3. For disabled individuals, access to buildings and facilities, as well as the use of services and amenities intended for public use, is guaranteed to the extent economically reasonable. The legislature specifies the economic reasonableness.

1. Woman and man have equal rights.

2. They have the right to equal access to public educational institutions and offices, to equal training, as well as to equal pay for work of equal value.

3. The canton and municipalities shall promote the actual equality of women and men in all areas of life. They shall ensure that public duties are performed by both women and men.

1. Every person has the right to be treated by state authorities without arbitrariness and in good faith.

**1. Fundamental rights are guaranteed within the framework of the Federal Constitution and the international agreements binding on Switzerland, namely:**

a) the right to life,

b) the right to physical and mental integrity,

c) the prohibition of torture and inhuman or degrading punishment or treatment,

d) the prohibition of forced labor and human trafficking,

e) the right to freedom and security,

f) the right of children and young people to special protection of their integrity and to foster their development,

g) the protection of private and family life, home, and communication,

h) the right to marriage and family,

i) the right to marital and family-like forms of community living,

j) the protection of personal data as well as the right to access and correct incorrect data,

k) freedom of belief, conscience, and religion,

l) freedom of information, opinion, and media,

m) freedom of assembly, association, and demonstration,

n) the right to education,

o) the right to establish, run, and attend non-state schools,

p) freedom of the arts,

q) freedom of scientific research,

r) the protection of property,

s) the right to choose and practice a profession and to engage in free economic activity,

t) the right to assistance in emergencies,

u) freedom of domicile,

v) the right to free elections and voting.

**2. This constitution further guarantees:**

a) the right of parents to be offered, within a reasonable time, financially affordable state or private family supplementary day care options for their children that meet the children's needs,

b) the right to petition, including a claim for a response within a reasonable time,

c) that the canton acknowledges the right to housing. It takes necessary measures to secure this right so that persons residing and registered in Basel-Stadt can acquire housing appropriate to their needs, the rent or costs of which do not exceed their financial capability. - Implementation period: This constitutional amendment shall be implemented no later than two years after its approval by the electorate.

1. The general and judicial procedural guarantees, as well as the rights in cases of deprivation of liberty and in criminal proceedings, are ensured within the framework of the Federal Constitution and the international agreements binding upon Switzerland, namely

a) the right to equal and fair treatment before courts and administrative bodies within a reasonable time,

b) the right to a fair hearing and the right to access files,

c) the right to free legal aid,

d) the right to a competent, independent, and impartial tribunal established by law,

e) the right of appeal to protect fundamental rights,

f) the rights in cases of deprivation of liberty and protection against arbitrary arrest,

g) the presumption of innocence in criminal proceedings,

h) the prohibition of double jeopardy.

1. Restrictions on fundamental rights require a legal basis. Serious restrictions must be provided for in the law itself. Exceptions are made in cases of serious, immediate, and unavoidable danger.

2. Restrictions on fundamental rights must be justified by a public interest or the protection of the fundamental rights of third parties and must be proportionate.

3. The core content of fundamental rights and the human rights that belong to mandatory international law are inviolable.

1. The canton and municipalities aim, beyond the enforceable fundamental rights, to ensure that

a) the concerns of girls and boys, as well as of young, elderly, and disabled women and men, are taken into account,

b) individuals who require assistance due to their age, health, and economic and social situation receive the means necessary for their existence, care and accommodation, as well as support for self-help,

c) everyone is able to earn their livelihood under reasonable conditions and is protected against the consequences of involuntary unemployment.

1. The State shall guide itself in fulfilling its duties by the needs and well-being of the population. In doing so, it shall respect the dignity, the personality, and the individual responsibility of each person.

2. The State shall strive to maintain natural life foundations and promote sustainable development that meets the needs of the present generation yet does not endanger the ecological, economic, and social needs of future generations and their ability to choose their own way of life. The State shall contribute within its means to ensuring that global warming does not exceed 1.5°C above pre-industrial levels.

3. The State shall ensure equal opportunities and promote cultural diversity, integration, and equality within the population as well as economic development.

1. The competent authorities of the state periodically review the fulfillment of public tasks for their necessity, effectiveness, and efficiency, as well as their financial impact and sustainability.

**1. In Recognition of the Climate Crisis as a Threat to People, Ecosystems, Economy, and Peaceful Coexistence, as Well as an Opportunity for Societal Innovation, the State Undertakes Effective Measures for Climate Protection and Protection Against the Consequences of Climate Warming.**

2. It ensures, within the scope of its competencies, that greenhouse gas emissions in the canton of Basel-Stadt are reduced to net zero in all sectors by 2037.

3. To this end, it sets binding 5-year targets and reduction paths for greenhouse gases and acts according to the polluter pays principle and comprehensive climate justice.

4. It endeavors, within its participation in institutions and companies within the financial and administrative assets, to ensure that these align with the aforementioned goals in all their activities.

5. It advocates at the federal level for the necessary framework conditions.

1. The State ensures a comprehensive educational provision. The educational system aims to promote intellectual and physical, creative, emotional, and social abilities, to strengthen the sense of responsibility towards fellow humans and the environment, and to prepare for and support integration into society.

1. The State operates kindergartens and schools. It operates or supports daycare centers, special schools, and homes.

2. State kindergartens, schools, daycare centers, special schools, and homes are conducted in a denominational and politically neutral manner.

3. The kindergartens, schools, daycare centers, special schools, and homes promote and challenge all children and adolescents according to their abilities and inclinations. They promote the integration of all children and adolescents into society and mediate between cultures.

1. Attendance at school is mandatory within the framework of statutory provisions.

2. Attendance at public kindergartens and schools is free of charge. Educational materials are provided free of charge during the mandatory schooling period.

1. Non-state kindergartens and schools require approval and are subject to the supervision of the canton.

1. The canton operates a university and universities of applied sciences. It seeks to establish inter-cantonal sponsorships in doing so.

1. The state guarantees and supports a diverse vocational education. It exercises supervision over the vocational training system.

2. The state supports vocational further education and retraining.

1. The state supports general adult education and facilitates training and further education through financial contributions or other measures to promote equal opportunities.

1. The state ensures public safety, particularly protection against violence, exploitation, and abuse.

2. It takes measures for disaster preparedness and protects public peace through violence prevention and conflict resolution.

1. The State protects families as well as family-like communities and their children.

1. The state protects and promotes the health of the population.

2. It ensures medical care that is accessible to everyone.

3. It promotes self-help and home care and support, assisting families and relatives in this task.

4. It takes measures in the area of prevention.

5. It ensures the preservation of patients' rights.

1. The canton operates public hospitals and clinics; it seeks cross-cantonal sponsorships.

2. In collaboration with the municipalities and private sponsorships, and in consultation with the region, it ensures the provision of other necessary public hospitals, clinics, and facilities.

1. The healthcare system and the practice of healthcare professions are subject to the supervision of the canton.

1. The state ensures the development of an efficient and structurally balanced economy through favorable framework conditions.

2. It takes measures to avoid unemployment in addition to federal law. It pursues an active employment policy.

3. It promotes the compatibility of gainful employment and caregiving responsibilities.

1. The state facilitates and coordinates safe, economical, environmentally friendly, and energy-saving mobility. Public transportation is given priority.

2. The state is committed to attractive urban agglomeration traffic, rapid connections to Swiss centers, and links to international transport routes on railways, roads, and by air and waterways.

1. The State ensures a secure, economically beneficial, and environmentally sustainable energy supply.

2. It promotes the use of renewable energies, the utilization of new technologies, decentralized energy supply, and the efficient and rational use of energy.

3. It opposes the use of nuclear energy and does not hold any stakes in nuclear power plants.

1. The state ensures the supply of good drinking water and ensures the economical use of service water.

2. The supply of water cannot be transferred to companies in which private individuals have a profit share.

1. The state shall take measures to preserve the cleanliness of soil, air, and water.

2. It is responsible for the conservation of the diversity of animals and plants.

3. It promotes the recycling of waste and used materials and ensures the environmentally sound disposal of non-reusable waste and the treatment of wastewater.

4. It protects people and their environment from noise and other disruptive and harmful influences and takes measures to prevent and reduce risks.

1. The state ensures the appropriate and environmentally friendly use of land within the framework of a settlement development aligned with the cross-border agglomeration. It maintains and promotes livability as well as urban planning quality.

2. It promotes housing construction in the interest of a balanced housing market. In doing so, it ensures an adequate supply, especially of family-friendly apartments. Similarly, it promotes the preservation of existing affordable housing in all neighborhoods.

3. In times of housing shortage, it ensures, in accordance with the predominant needs of the residential population, that they are effectively protected from displacement due to evictions and rent increases. This is particularly relevant for older and long-term tenants.

4. To preserve existing affordable housing, it takes, in addition to the tenant protection under federal law, all necessary housing policy measures that preserve the character of the neighborhoods, the current housing stock, and existing living conditions.

5. These measures also include the temporary introduction of a permit requirement combined with rent control during the renovation and conversion or demolition of affordable rental apartments.

6. Housing shortage is defined as a vacancy rate of 1.5 percent or less.

1. The state promotes cultural creation, cultural mediation, and cultural exchange.

2. It ensures the preservation of local heritage, monuments, and its own or entrusted cultural assets.

1. The state promotes athletic activities.

1. The State supports the independence and diversity of information.

2. It promotes general access to media and sources of information.

1. The state exercises sovereignty over public land, public waters, and airspace.

2. The canton has exclusive rights to the exploitation of mineral resources, geothermal energy, and salt sales.

3. The canton may exercise these powers itself or transfer them to municipalities or third parties.

4. The municipalities have the rights to hunting and fishing. Existing private rights are reserved.

5. The canton may establish additional monopolies by law within the framework of economic freedom.

1. The canton and the municipalities promote the integration of new citizens. The canton and the civic communities regulate the details in their legislation.

1. Eligible to vote is any person who possesses Swiss citizenship, has reached the age of 18, has established a political residence in the Canton of Basel-Stadt, and is not under comprehensive guardianship due to permanent incapacity of judgment, nor is represented by a person appointed with power of attorney.

2. The municipal communities may extend the right to vote and the right to stand for election in municipal matters to other inhabitants.

1. Eligible Voters Have the Right

a) to participate in votes,

b) to submit electoral proposals, participate in elections, and be elected to public office,

c) to initiate and sign initiatives and referendums.

1. The right to vote is exercised at the place of political residence. Exceptions are determined by law.

2. Anyone who possesses Swiss citizenship acquires the right to vote in matters concerning the canton and the respective municipality of residence upon establishment of residency.

1. The eligible voters have the right to ensure that, during referendums and elections, the collective will of the electorate is expressed accurately and without distortion.

2. Eligible voters may file a complaint with the Appellate Court for violations of voting rights.

3. During referendums and elections, the secrecy of the vote must be maintained. Provisions regarding municipal assemblies remain reserved.

1. The eligible voters elect

a) the members of the Grand Council,

b) the members of the Council of Government,

c) the President of the Council of Government from among its members,

d) the presidents of the courts,

e) * ...

f) * ...

g) the Basel-Stadt members of the National Council and the Council of States.

2. The members of both Federal Councils are elected for the same term of office.

3. Swiss citizens living abroad, who are eligible to vote in federal matters in the canton of Basel-Stadt, can also participate in the election of the member of the Council of States.

1. For the election of the Grand Council, the city of Basel is divided into three electoral districts; the municipalities of Bettingen and Riehen each form an electoral district.

2. The law governs the structuring of the electoral districts.

1. The Grand Council is elected using the proportional representation system. The municipalities of Bettingen and Riehen are entitled to at least one seat each.

2. ...

3. The election of the members of the Government Council, the President of the Government, the Presidents of the Courts, shall be conducted using the majority voting system.

1. 3000 eligible voters can at any time submit an unformulated or formulated initiative for the enactment, repeal, or amendment of constitutional provisions, legal provisions, or resolutions of the Grand Council that are subject to referendum.

2. The total revision of the constitution can only be requested through an unformulated initiative.

3. Formulated initiatives contain a drafted text of the constitution, law, or resolution. Unformulated initiatives must outline the content and purpose of the request.

4. Initiatives must be submitted within 18 months from their publication.

1. The State Chancellery determines whether an initiative has come into being.

2. Initiatives are wholly or partially invalid if they

a) violate superior law,

b) are impracticable,

c) do not preserve the unity of the subject matter.

1. Initiatives must be dealt with within the deadlines specified by law.

2. Formulated initiatives must be submitted to the electorate for a vote without any changes.

3. If the Grand Council does not want to formulate an unformulated initiative, it must be submitted to the electorate for a vote. If the electorate has approved the initiative or if the Grand Council has decided to follow it, it shall draft a proposal that satisfies the concerns of the initiative.

4. The Grand Council has the final decision on whether an unformulated initiative should be drafted at the level of the constitution, a law, or a Grand Council decision.

1. The Grand Council may oppose a counterproposal to any initiative petition as well as to a proposal it has drafted based on an unformulated initiative.

2. The popular votes on the initiative and the counterproposal take place simultaneously.

3. The eligible voters can approve both proposals and indicate which one they prefer in the event that both proposals are accepted.

1. The following must be obligatorily submitted to the electorate for a vote

a) Constitutional revisions,

b) Formulated initiatives,

c) Unformulated initiatives that the Great Council does not approve or to which it proposes a counter-proposal,

d) Proposals drawn up by the Great Council based on an unformulated initiative,

e) State treaties with constitutional-amending content,

f) Changes to the canton territory, excluding border adjustments.

2. The Great Council may, by resolution, submit further proposals to the electorate for a vote.

1. If 2000 eligible voters request it within 42 days of publication, the following enactments and decisions of the Grand Council shall be submitted to the voters for a referendum

a) Laws,

b) Expenditure decisions in amounts determined by law,

c) State treaties, insofar as they are not mandatorily subject to a popular vote,

d) All other decisions, insofar as they are not expressly excluded from a referendum by the constitution or law.

2. The following Grand Council decisions are not subject to a referendum

a) Personal decisions such as, in particular, elections, amnesty and pardon, as well as naturalizations,

b) Decisions related to the exercise of the canton’s participatory rights in the federation,

c) Decisions on the budget and on the approval of the state accounts,

d) Decisions on the framework for the inclusion of foreign funds,

e) Decisions related to supervisory oversight,

f) Decisions concerning the cantonal recognition of churches and religious communities,

g) Boundary adjustments,

h) Procedural decisions, decisions concerning implementing provisions related to its organization and rules of procedure, and decisions regarding dealings with other authorities,

i) Resolutions.

1. When authorities conduct consultations on projects of general importance, they must inform the public and provide all interested parties the opportunity to comment on the project.

1. Political parties and organizations participate in the formation of public opinion and the will of the people.

1. The state involves the neighborhood population in its opinion and decision-making process, provided that their interests are particularly affected.

1. The municipalities (residential municipalities and civic municipalities) are public-law corporations with their own legal personality.

1. The Canton of Basel-Stadt is divided into the municipal community of the city of Basel and the municipal communities of Bettingen and Riehen.

2. The Canton handles the affairs of the municipal community of the city of Basel.

3. In the territory of each municipal community, there exists a civic community.

1. The existence, territory, and assets of the municipalities are guaranteed.

2. The merger, division, and reorganization of municipalities require the approval of the eligible voters of the affected municipalities as well as that of the canton.

3. Boundary adjustments between the municipalities of Bettingen and Riehen are subject to approval by the Government Council.

1. The autonomy of the municipalities is guaranteed. The municipalities are authorized to regulate their own affairs within the framework of the constitution and the law.

2. Cantonal law grants the municipalities the widest possible scope of action.

3. The guarantees according to this section are part of municipal autonomy.

1. The municipalities are responsible for tasks that are suitable for local regulation and do not fall under the jurisdiction of the canton.

2. The division of responsibilities between the canton and municipalities is guided by the principles of transparency, efficiency, and citizen proximity.

1. The municipalities levy

a) an income tax on natural persons,

b) real estate capital gains taxes.

2. The law may authorize the municipalities to levy additional taxes.

3. The municipalities may impose causal charges and fees and issue bonds.

4. The municipalities independently manage their assets.

1. The canton and the municipal communities cover the expenses for fulfilling their tasks each with their own tax revenues and other income.

2. The canton considers the principle in the regulation of financial responsibility between the canton and the municipal communities, according to which tasks should be financed by the entities that mandate them and benefit from them.

3. It arranges the financing in such a way that incentives for self-initiative and economical behavior are created, and it takes into account the significance of tax-attractive residential communities for the canton.

4. It compensates the communities appropriately for the fulfillment of delegated tasks.

1. To compensate for structurally induced special burdens and differences based on financial capacity among the local municipalities, the canton shall establish a financial equalization through legislation.

1. The citizen communities grant municipal citizenship. They operate their enterprises, manage their assets, and supervise the institutions, foundations, and corporations assigned to them. Further tasks of public interest may be assigned to them.

1. The municipalities establish their organization in a municipal code within the framework of the constitution and the law.

2. In the resident municipalities, the optional referendum against decisions of the municipal council as well as the right of initiative are guaranteed.

1. The resident municipalities may, by resolution of the municipal assembly or the municipal council, submit a request for the enactment, amendment, or repeal of constitutional and legal provisions. The provisions concerning referendums shall apply mutatis mutandis.

2. The municipalities shall be heard in a timely manner in the preparation of enactments and resolutions of the Great Council and the Government Council that particularly affect them.

1. The canton promotes cooperation among the municipalities.

2. The municipalities may, in order to fulfill certain tasks in the public interest, establish purpose associations or joint institutions, conclude agreements with municipalities within and outside of the canton as well as with public corporations of neighboring foreign countries, and participate in public, mixed-economy, and private enterprises.

1. The municipalities are subject to the supervision of the canton. This supervision is exercised by the government council.

2. The supervision is limited to a legal review, except when the law provides for a review of appropriateness.

1. The organization of the authorities is governed by the principle of separation of powers. No authority exercises state power in an unchecked and unlimited manner.

2. No authority may interfere in the jurisdiction of another authority as established by the constitution or law without constitutional competence.

1. All individuals eligible to vote in the canton are eligible for election to the Grand Council, the Government Council, and the courts.

2. The law may attach additional requirements to eligibility for judicial authorities and extend it to persons who are not eligible to vote in the canton.

3. The law regulates the eligibility of other government officials.

**1. The members of the Grand Council and the Government Council, the State Secretary, the Ombudsperson, judges of all judicial authorities, the chairpersons and members of all conciliation bodies, the court clerks of the Appellate Court, as well as prosecutors, may only belong to one of these authorities.**

**2. Persons in leading positions in the administration or serving as personal staff to the Government Council or its members, who regularly and significantly advise the Government Council in its resolutions and decisions and contribute to their preparation, may not belong to the Grand Council. This also applies to the administrative head of the Appellate Court.**

**3. The law provides further details. It may establish additional incompatibilities for other authorities.**

1. The law regulates the exclusion of relatives and family members from eligibility for the government council and judicial authorities.

1. The Grand Council and the Council of Ministers are elected for a term of four years.

2. For the courts and the ombudsman’s office, the term of office is six years.

3. The law regulates the term of office for other members of authorities.

1. Members of an authority must recuse themselves from matters in which they have a direct personal interest.

2. The obligation to recuse applies to the preparation, deliberation, and decision-making process.

1. The authorities shall inform the public about their activities.

2. The right to access official records exists, provided that overriding public or private interests do not oppose it.

3. The law shall determine the specifics, ensuring the confidentiality of tax data is maintained.

1. Official language is German.

2. Authorities and offices are authorized to conduct business in other languages as well.

1. The law regulates the liability of the authorities and the personnel of the cantonal administration.

1. The canton and other holders of public responsibilities are liable for the damage unlawfully caused by their organs during the exercise of sovereign activities.

2. They are also liable for the damage legally caused by their organs if individuals are particularly severely affected and it is therefore unreasonable to expect them to bear the damage themselves.

3. In the case of serious violations of personal rights, there is also a claim for satisfaction.

1. Anyone who exercises their right to speak in the Great Council and its committees cannot be held legally responsible for their statements.

2. However, the Great Council may lift the immunity with the consent of two-thirds of the members present if it is evidently abused.

1. The Grand Council is the legislative and supreme supervisory authority of the canton.

2. It is composed of 100 members.

1. Members of the Grand Council deliberate and vote without instructions.

2. They disclose their interests subject to professional secrecy.

1. A person who has continuously been a member of the Great Council for four terms of office is not eligible for election in the following term of office.

2. Partial terms of office are considered equivalent to full terms of office.

1. The Grand Council enacts all fundamental and important provisions in the form of a law.

2. Fundamental and important are provisions for which the constitution explicitly stipulates a law, as well as particularly provisions concerning

a) the fundamentals of the legal status of the individual,

b) the subject matter of taxes, the circle of taxpayers, and the assessment of taxes with the exception of fees of minor amounts,

c) the purpose, type, and framework of cantonal services,

d) the fundamentals of the organization and duties of the authorities.

1. Laws and resolutions, whose enactment brooks no delay, can be put into effect immediately if the Grand Council decides so with a two-thirds majority of the members present.

2. An appeal for a referendum can also be made against urgent laws and resolutions. Should this occur, they become void with future effect if

a) the referendum vote is not conducted within a year after the law or resolution enters into force, or

b) the proposal is rejected in the popular vote.

1. The Grand Council approves contracts if they contain matters that fall within its jurisdiction.

2. In the preparation of important state treaties that require its approval, it may accompany and advise the government council through its commissions.

1. The Grand Council participates in the comprehensive planning of the government council in the manner prescribed by law.

2. It issues, approves, and handles plans where the law so provides.

1. The Great Council decides on important administrative acts where the law provides for it.

1. The Grand Council decides on

a) Expenditures, insofar as they do not fall within the sole competence of the Government Council,

b) the budget,

c) the approval of the state accounts,

d) the framework for the borrowing of external funds.

2. If the Grand Council approves funds as a collective expenditure or in the form of a global budget, it associates this decision with a performance mandate.

1. The Grand Council shall elect the Commissioner for Complaints, as well as the judges, upon the recommendation of its committee, unless otherwise provided by law.

2. The law may grant the Grand Council additional electoral powers.

1. The Grand Council exercises supreme oversight over the Government Council, the administration, the judicial authorities, and other entities carrying out public duties, insofar as they perform tasks incumbent upon the canton.

2. It approves the annual accountability reports of the Government Council, the courts, the ombudsman's office, and the independent administrative enterprises.

**1. The Grand Council**

a) exercises the participatory rights granted to the cantons by the Federal Constitution. Excluded from this are consultations with federal authorities,

b) decides jurisdictional conflicts between the highest cantonal authorities,

c) certifies the cantonal elections,

d) decides on amnesty and pardons,

e) decides on the adjustment of the borders of the canton and city area,

f) * ...

g) decides on the admissibility of popular initiatives or submits this question directly to the Court of Appeal for a decision,

h) decides on the cantonal recognition and withdrawal of cantonal recognition of private law churches and religious communities.

**2. The law may confer additional powers to the Grand Council.**

1. The Grand Council decides on proposals and drafts of laws and resolutions based on

a) an advisory opinion or report from the Government Council;

b) the report of a Grand Council commission.

2. Procedural resolutions of the Grand Council and the decision to initiate a cantonal referendum do not require prior consultation.

1. The Grand Council may issue directives to the Executive Council. The law regulates the details, particularly the instruments by which the Grand Council can influence the jurisdiction of the Executive Council.

1. The Grand Council elects from among its members its President and Vice President for a term of one year.

1. The Grand Council establishes committees for the preparation of its deliberations.

2. The committees possess the rights to information, inspection rights, and investigative powers designated by law to fulfill their tasks.

1. The proceedings of the Grand Council are public.

1. The Grand Council is convened by its President.

2. It meets as often as the business requires.

3. It is convened extraordinarily,

a) if a quarter of the members of the Grand Council, the Executive Council, or both municipalities of Bettingen and Riehen together demand it, specifying the business falling within the competence of the Grand Council to be handled;

b) on its own resolution, to deliberate on issues concerning the community or to be informed about such issues.

1. The Plenum of the Grand Council and its commissions are quorate when half of the members are present.

1. The law regulates the organization and rules of procedure of the Grand Council, as well as interactions with the Executive Council, the courts, and the ombudsman's office.

2. The Grand Council may issue implementing provisions regarding its organization and rules of procedure through a resolution of the Grand Council.

1. The Government Council has the right to submit matters for resolution to the Grand Council and to make proposals.

2. The members of the Government Council participate in the sessions of the Grand Council with an advisory vote. They have the right to make proposals on any matter under discussion.

1. The Government Council is the leading and highest executive authority of the canton.

2. It consists of seven members.

1. The President of the Government leads the sessions of the Executive Council for the duration of a term of office.

2. He or she directs, plans, and coordinates the activities of the Executive Council as a collegiate body and represents it both internally and externally.

1. The government council makes its decisions as a collegiate authority.

2. The law can assign responsibilities to the competent members of the government council and to the departments.

1. The Government Council carries out governmental duties, in particular by

a) monitoring developments in the state and society and determining the objectives, procedures, and implementation of cantonal and municipal actions based on its assessment of the situation,

b) planning and coordinating cantonal and municipal activities,

c) regularly establishing future governmental activities and reporting on the achievement of the related objectives,

d) representing the Canton and the City of Basel internally and externally.

2. The Government Council seeks advice from independent experts on issues of sustainable development.

1. The Executive Council participates in the preparation of legislation and resolutions of the Grand Council.

2. The Executive Council issues regulatory provisions in the form of an ordinance, insofar as it is authorized to do so by the constitution or law.

3. The law may provide that the Executive Council issues further provisions if the legislative process is not suitable for this purpose. The law must limit the delegation to a specific area and define its scope.

4. To implement superior law, the Executive Council may issue provisions as an ordinance in cases of urgent necessity and if the Grand Council is unable to decide through the regular or urgent legislative process. These provisions must be promptly replaced by regular law.

1. The Executive Council is responsible for the conclusion of contracts, subject to the approval rights of the Grand Council.

1. The Executive Council prepares the financial plan. It adopts the budget and the state accounts for submission to the Grand Council.

2. It has its own spending authority, the extent of which is determined by law.

3. It is authorized to procure external funds within the scope approved by the Grand Council.

4. It manages the financial assets of the canton and disposes of them, to the extent that its powers are not restricted by law.

1. The Government Council presides over the cantonal administration. It supervises other public task entities in the performance of their duties.

2. It ensures lawful, effective, and citizen-oriented administrative activity and determines the appropriate organization within the framework of the constitution and law.

3. It ensures simple and swift administrative procedures.

4. It decides on administrative appeals according to the provisions of the law.

5. It denies the application of provisions if they contradict federal law or cantonal constitutional or statutory law.

1. The Government Council may take measures without a legal basis to address any existing or imminent threats to public safety and order.

2. Emergency measures must be approved by the Grand Council without delay. They expire no later than one year after coming into force.

1. The Government Council shall have the following responsibilities

a) maintaining public safety and order,

b) participating at the federal level, insofar as it is not reserved for the Grand Council,

c) conducting elections, insofar as they are not assigned to other bodies,

d) conferring of cantonal citizenship,

e) providing an annual report on all parts of the cantonal administration to the Grand Council,

f) certifying cantonal referenda.

2. The law may assign additional responsibilities to the Government Council.

1. The cantonal administration is divided into the Presidential Department and six other departments.

2. The President of the Government oversees the Presidential Department, which is also assigned additional administrative duties.

3. The remaining members of the Government Council each head one department.

4. The Government Council regulates the deputies for the presidency and the heads of departments.

5. Independent administrative enterprises may be established by law.

6. The law regulates the employment of the personnel of the cantonal administration.

1. The courts are independent and subject only to law and justice.

2. The administration of justice is the responsibility of the courts.

1. The civil jurisdiction is vested in the civil court and the court of appeals.

1. Criminal jurisdiction lies with the Criminal Court and the Court of Appeal.

2. By law, additional criminal judicial authorities can be established, specifically for juvenile criminal jurisdiction.

3. By law, powers for administrative penalties can also be transferred to the administrative authorities of the canton and the municipalities. Judicial review is reserved.

1. The administrative jurisdiction is vested in the Social Security Court, the Appeals Commissions as provided by law, the Court for Protective Custody, and the Court of Appeal.

1. The Court of Appeal acts as a Constitutional Court

a) Appeals concerning violations of constitutional rights of the Federal Constitution and the Cantonal Constitution, insofar as these allegations cannot be asserted by another legal remedy,

b) On appeal or on submission by the Grand Council, the admissibility of popular initiatives,

c) Appeals concerning the disregard of the content and purpose of an unformulated initiative by the Grand Council,

d) Disputes related to the protection of the autonomy of municipalities.

2. The following cannot be challenged by appeal to the Constitutional Court

a) Constitutional provisions,

b) Laws, except in the case of their application or challenges according to para. 1 lit. d),

c) Resolutions designated by law as exceptions of the Grand Council and the Government Council,

d) The declaration of urgency of a law,

e) Resolutions by which the Grand Council grants or withdraws cantonal recognition of churches and religious communities organized under private law.

1. The Court of Appeals acts as the highest cantonal authority in civil, criminal, administrative, and constitutional disputes.

2. The law regulates the organization, responsibilities, and procedures of the courts. The reliable and expeditious handling of proceedings and the organizational independence of the courts must be ensured.

3. The law may, within the framework of regional agreements, transfer certain responsibilities in legal disputes to regional courts.

4. The Court of Appeals exercises supervision over the lower courts.

5. The courts report annually to the Grand Council.

1. By law, an independent cantonal ombudsman's office is entrusted with handling complaints. It conducts investigations and mediates in conflicts between individuals and administrative bodies.

1. The financial budget of the canton and the municipalities shall be managed prudently, economically, and in accordance with economic cycles and the cost-by-cause principle, and shall be aligned with the needs of the economy. It must be kept balanced in the medium term.

2. The canton and the municipalities shall ensure comprehensive financial planning.

3. The budget and the state account shall take into account the principles of transparency and public access.

4. Before assuming a new task, its economic and financial implications must be assessed.

1. The canton ensures that its indebtedness, in relation to its economic capacity, does not exceed a value to be defined by the legislature in the medium term. The sustainable development of the financial budget is to be guaranteed in this process.

2. The annual expenditures are determined taking into account the financial situation and the principle of stable expenditure development.

1. The canton acquires its resources

a) through the collection of taxes and other levies,

b) from the revenues of its assets,

c) from contributions from the Federation and third parties,

d) through the raising of loans and bonds.

1. The canton levies direct taxes on individuals and legal entities.

2. The law determines the taxes that the canton levies as well as the dues that the canton, state corporations, or public law institutions may collect.

1. In the structuring of taxes, the principles of universality, equality, and economic capability must be considered.

2. Direct taxes are to be assessed in such a way that economically disadvantaged individuals are protected, self-provision is promoted, and willingness to perform as well as competitiveness are maintained.

1. Any use of state funds requires a legal basis and the approval of the competent authority.

1. Oversight of state finances shall be ensured by independent supervisory bodies.

2. The law shall regulate the oversight of the use of state benefits granted to third parties.

1. The Evangelical Reformed Church, the Roman Catholic Church, the Old Catholic Church, and the Israelite Community are publicly recognized by the canton.

2. They are public legal entities with their own legal personality.

3. Other churches and religious communities can be publicly recognized through constitutional amendment.

1. The publicly recognized churches and religious communities regulate their affairs independently.

2. They adopt a constitution; the enactment and amendment thereof require the approval of a majority of their voting members and the approval of the Council of Government.

3. The Council of Government grants approval if neither federal law nor cantonal law opposes.

4. Within the aforementioned provisions, the law regulates the procedure for the approval of constitutions and tax regulations as well as the supervision of asset management.

1. Every person residing in the canton belongs to the publicly recognized church or religious community of their confession or religion, provided they meet the requirements set forth in its constitution.

2. Withdrawal is possible at any time by written declaration.

3. The constitutions of publicly recognized churches and religious communities regulate the conditions of voting and election rights.

1. Churches and religious communities recognized under public law may, in their constitutions, provide for the subdivision into parishes, local parishes, or other subordinate bodies.

2. These are public law corporations with their own legal personality.

3. The constitutions of the churches and religious communities recognized under public law determine the status and basic organizational structure of the subordinate bodies.

4. Churches and religious communities recognized under public law may establish public law institutions with their own legal personality for their needs.

1. Publicly recognized churches and religious communities manage their assets independently under the supervision of the Government Council.

2. They may levy taxes from their members. The tax regulations require the approval of the Government Council.

3. The law regulates their further rights and obligations, notably regarding religious instruction in schools, hospital and prison chaplaincy, and for projects and institutions jointly supported by the state and churches or religious communities.

1. The public law recognized churches and religious communities regulate the procedure for the assessment of disputed legal relationships.

2. Decrees and final-instance decisions of the public law recognized churches and religious communities can be challenged by their members and their own corporate bodies and institutions before the Appellate Court.

3. The court reviews the compliance of the contested act with federal law and cantonal law. It also reviews compliance with the law of the public law recognized churches and religious communities, provided that their own law stipulates it.

1. All non-publicly recognized churches and religious communities are subject to private law.

1. Privately organized churches and religious communities may be recognized by the canton with the granting of special rights, provided they

a) have societal significance,

b) respect religious peace and the legal order,

c) have transparent financial management, and

d) allow for withdrawal at any time.

2. There is no legal entitlement to cantonal recognition.

3. Cantonal recognition is granted by a resolution of the Grand Council. This requires the approval of at least 51 members of the Grand Council and is not subject to a referendum.

4. The recognition resolution specifies the rights granted to the church or religious community and the obligations it must fulfill.

1. If the conditions for cantonal recognition are no longer met or if the church or religious community fails to fulfill its obligations, the Grand Council may revoke the recognition in accordance with the procedure outlined in § 133 paragraph 3.

1. All churches and religious communities shall primarily bear the costs of worship themselves.

1. The service of clergy in hospitals, prisons, and other public institutions may be supported by the state.

2. The state may contribute to the preservation of architectural and art monuments, as well as to the fulfillment of other tasks of churches and religious communities that are in the public interest.

1. The cantonal constitution may be revised in whole or in part at any time.

1. The decision to conduct a total revision is made by the eligible voters.

2. If a total revision is decided upon, the legislature shall establish the corresponding procedure within two years.

1. The partial revision may encompass individual provisions or several substantively related provisions.

2. The partial revision occurs through the legislative procedure.

3. If the Grand Council resolves a partial revision or agrees to an unformulated initiative for partial revision, it may submit this decision to the voters for determination.

1. Amendments to the provisions of the section on municipal autonomy require the approval of the majority of the voters and three-tenths of those eligible to vote.

1. This Constitution shall enter into force on Henry's Day, July 13, 2006.

2. On this day, the Constitution of the Canton of Basel-Stadt dated December 2, 1889, is repealed.

3. Also repealed are all provisions of the cantonal law in force until that time, which are incompatible with the directly applicable law of this Constitution.

1. If new laws are to be enacted or existing laws are to be amended under this constitution, this must be done without delay.

1. Initiatives submitted to the State Chancellery for examination and publication before the entry into force of this Constitution, pursuant to § 4 of the Law on Initiatives and Referendum (IRG), but which will only be submitted for approval pursuant to § 6 IRG after its entry into force, require 3,000 valid signatures to be deemed valid. The collection period stipulated under § 47 paragraph 4 of this Constitution commences upon the entry into force of the new Constitution.

2. For initiatives that were submitted in accordance with § 6 IRG before the new Constitution comes into force, the provisions of the IRG according to the Constitution of December 2, 1889, shall apply.

1. Members of authorities shall remain in office until the expiration of their term as determined by the current applicable law.

1. The new provisions of this constitution regarding the number of members and the quorum of the Grand Council shall come into effect in the next term of office.

1. The new provisions regarding incompatibility (§ 71 para. 2), the exclusion of relatives and family members (§ 72), the presidency of the government council and the establishment of a presidential department (§ 111) shall be enacted in a timely manner for the next term of office.

2. The government council shall issue necessary provisions as a regulation if these have not been adopted in the ordinary or urgent legislative procedure in time for them to come into effect before the start of the election process. Such regulations shall be replaced without delay by ordinary law after the elections.

1. The Office of Single Judges in the Municipalities of Bettingen and Riehen shall be terminated upon the entry into force of this constitution. Cases that are pending at this time are to be transferred to the Civil Court.

1. Urgent Decisions Declared by the Grand Council Under Current Law Remain in Force and Are Not Subject to the Provisions of § 84 of This Constitution.

1. Expenditure Decisions Adopted Without a Mandate Under Previous Law Remain in Effect, Even if the New Law Ties Such Expenditures to a Mandate.

1. The current term of office for the court presidents, deputy court presidents, as well as judges elected under the previous law is extended until the start of the term of office for the court presidents and judges to be elected under the new law.

2. The current term of office for the substitute judges of the Social Security Court elected under the previous law is extended until the start of the term of office for the judges of the Social Security Court to be elected under the new law.