Act on the Rules of Procedure of the Grand Council (GO) - Convening (GO)
Table of Provisions (93)
Statutory Text (93 Provisions)
1. The Grand Council is convened by its President.
2. It meets as often as business requires. It generally convenes monthly for a session. A session consists of several sittings.
3. It is convened extraordinarily,
a) if a quarter of the members of the Grand Council, the Council of Government, or both municipalities of Bettingen and Riehen together request it, specifying the matter to be dealt with by the Grand Council that falls within its jurisdiction.
b) upon its own resolution, to deliberate on or receive information concerning matters affecting the community.
1. The Grand Council meets publicly.
2. ...
3. The Grand Council may allow electronic live broadcasts of the public meetings or portions thereof.
1. The Council Office decides on the accreditation of media representatives.
2. Accredited media representatives are provided with suitable seating as far as possible.
1. Minutes shall be kept of the applications and resolutions of the Council, as well as the statements expressly made to the record by the Government Council.
2. The implementing provisions shall regulate how the remaining deliberations are to be recorded in the minutes or otherwise documented.
3. The minutes shall be accessible to the public.
1. Laws, Grand Council resolutions, and elections are published in the Cantonal Gazette.
2. For laws and resolutions subject to referendum, the day on which the referendum period expires must be specified.
1. Anyone who exercises their right to speak in the Grand Council or its committees cannot be held legally responsible for their utterances.
2. However, the Grand Council may lift the immunity with the consent of two-thirds of the members present if it is evidently being abused.
1. Members of the Grand Council deliberate and vote without instruction.
2. Each council member discloses their interests in writing upon assuming office and at the beginning of each year.
3. Professional secrecy is reserved.
4. The register of interests is published.
1. Members of the Grand Council shall recuse themselves in matters that directly affect them personally.
2. The duty of recusal applies to the preparation, deliberation, and decision-making in plenary sessions and in committees.
1. Members of the Grand Council receive an appropriate attendance fee for each half-day plenary session and for each meeting in the committees, graded according to their roles in the presidency and its representation, in minute-taking, or as a member.
2. The President of the Grand Council additionally receives a one-time representation allowance.
3. Members of the Grand Council also receive an annual basic amount. This annual basic amount covers expenses for studying documents, party and public relations work, meals, loss of earnings, caregiving duties, other inconveniences, insurance, and the like.
4. The Grand Council may grant members of the supervisory commissions and the special commission an additional flat-rate expense allowance.
**1. The Canton insures members of the Grand Council against the economic consequences of old age, death, and disability with a pension fund until they reach the age of 70. The insurance is voluntary for members of the Grand Council who are engaged in a principal independent occupation.**
**2. The Canton finances three-fifths of the savings and risk contributions and five-sevenths of any restructuring contributions.**
**3. Resignation from the Grand Council before reaching the age of 70 does not result in any special benefits.**
**4. The benefits according to Paragraph 2 relate to the annual meeting allowances, provided these allowances exceed more than half of the maximum annual AHV retirement pension as per federal legislation on old age and survivors' insurance. The benefits also relate to the coordination deduction, which takes into account the flat-rate determined time expenditure for the parliamentary mandate.**
**5. The bureau of the Grand Council determines the corresponding pension fund.**
1. Members of the Grand Council who are not part of the insurance receive, at the end of each term year, a retirement contribution in place of the benefits according to § 9a, equal to the employer's contribution specified in § 9a, paragraph 2, calculated on the annual session fee amount according to § 9a, paragraph 4.
2. Members of the Grand Council whose annual session fees do not exceed half of the maximum annual AHV retirement pension, but who belong to the pension scheme designated by the Council Office due to another insured employment, shall be insured according to § 9a.
1. The Council Office periodically reviews, but at least at the end of each term of office, the appropriateness of the compensation amounts.
2. The Grand Council decides on the amount of compensation based on the proposal of the Council Office.
1. Resignation from the Grand Council must be submitted in writing to the Presidium. The Presidium will forward the letter to the Government Council to determine the succession.
2. Resignation cannot be revoked.
1. A minimum of five council members is required to form a faction.
2. If the number of faction members falls below four, the faction status is lost.
3. The factions receive a contribution towards their expenses. This is comprised of a basic amount and an additional amount for each faction member. The Grand Council decides on the amount of the contribution upon the proposal of the Council Office.
1. When appointing the permanent and special committees, the political factions must be considered in proportion to their strength. This composition remains unchanged throughout the entire term of office. The decisive factor is the faction strength on December 31 before the start of the term of office, subject to § 63 paragraph 3.
1a. Representation in international treaty bodies is determined by committee membership. Anyone who leaves a committee automatically loses their seat in the respective international treaty body.
2. ...
3. ...
4. When appointing the presidencies of the permanent and special committees, the political factions must be adequately considered.
1. The term of office is four years. It begins on February 1 following the new elections. The inaugural meeting generally takes place on the first Wednesday in February after the new elections.
2. The legislative year of the Grand Council begins on February 1 and ends on January 31.
1. The Grand Council elects its President and Vice President during the last session of a term year for the duration of the following term year.
2. After new elections, the election takes place in the first meeting of the new term period. The eldest and the youngest present members of the Grand Council jointly open the inaugural session. They deliver their speeches in alphabetical order. The member who spoke second conducts the election of the President. The President then assumes the chair.
3. The representation of women and men must be duly considered in the election to the presidency. Each term period must include at least one female or one male Grand Council president.
1. The Council Office is elected at the first session of a term for its duration. It consists of the same number of members as there are factions, and the Grand Council elects one member from each faction to the Council Office. The respective President and the Vice-President are mandatory members of the Council Office.
2. The outgoing President remains a member of the Council Office after the end of the presidential year, unless the next presidential year falls within the new term. If during the term a council member is elected to the presidency or vice-presidency who does not belong to the Council Office, all other members must be re-elected.
3. ...
1. The Council Office handles the organizational and administrative tasks that the Grand Council, as a collective authority, cannot perform, and exercises the competencies of the Grand Council pursuant to § 49 of the Financial Budget Act of March 14, 2012, that pertain to the services under its jurisdiction and allocation.
2. In addition to other tasks specified in this law, its main responsibilities include
a) preparing the meeting schedule of the Grand Council,
b) appointing the committees whose election is delegated to it by this law or by the Grand Council,
c) submitting proposals to the Grand Council for the assignment of incoming business to the appropriate committees,
d) coordinating the work of the committees,
e) supervising compliance with deadlines that the government council, committees, and parliamentary services must observe for handling business,
f) * preparing the budget for the expenditures of the Grand Council and its parliamentary services, and forwarding it along with the approved budgets of the services allocated to the Grand Council to the government council, which includes them unchanged in the cantonal budget,
g) proposing the head of the parliamentary services to the Grand Council and appointing its other staff members,
h) coordinating the public relations work of the Grand Council and its bodies,
i) * deciding on the classification of positions and ad personam classifications of services under or allocated to the Grand Council,
j) * deciding on the participation of the courts in the sessions of the Grand Council pursuant to § 27a,
k) * representing the Grand Council in all legal proceedings concerning it,
l) * taking measures to protect the personal integrity of council members and establishing the details such as scope, measures, and procedures in a regulation,
m) * being responsible for the design and selection of the pension scheme for occupational pensions.
1. The Grand Council has a parliamentary service that is independent from the rest of the state administration.
2. The parliamentary service is subordinate to the Council Office and follows its instructions.
3. The Grand Council establishes the necessary staff positions. It sets out the organization, tasks, management, and subordination of the staff in a regulation.
4. The management and staff of the parliamentary service are subject to cantonal personnel law, unless the Grand Council specifies otherwise in the regulation. The Council Office is responsible for personnel-related measures.
1. The President, or in their absence the Vice President, presides over the meetings of the Council and the Council Office. They ensure that the rules of procedure are adhered to and that parliamentary decorum is maintained.
1bis. The President shall be guided by the fundamental rights and objectives enshrined in the Cantonal Constitution when upholding parliamentary decorum.
2. The President of the Grand Council represents the Council as the highest authority of the Canton and the City of Basel in relation to other authorities, the public, and the broader audience.
3. The President of the Grand Council represents the Council Office in dealings with individual Council members and the parliamentary service.
1. Anyone who makes offensive statements or disrupts the proceedings shall be called to order by the chairperson. The chairperson shall simultaneously withdraw the right to speak from any voting member who is called to order for the second time in the same session.
2. The chairperson may request members who continue to disrupt order to leave the parliamentary area. They may return at the earliest to the next session, and the exclusion may be decreed for the duration of the session. If a member does not comply with the request to leave the parliamentary area, the plenary shall decide on the exclusion for the duration of the session. If those excluded refuse to leave the parliamentary area, the chairperson shall have them escorted out.
3. In the event of a disturbance, the chairperson is authorized to interrupt or adjourn the session.
4. The chairperson may remove individuals causing disturbances from the gallery or clear the entire gallery.
5. If a member violates parliamentary decorum on session days outside the chamber but within the parliamentary area, the council office shall decide on sanctions at the proposal of the chairperson, based on sections 1 and 2 analogously. The affected member shall be granted the right to be heard.
6. The chairperson shall return motions that violate parliamentary decorum for improvement within a short period. If the motion is not resubmitted improved within that period, the council office shall decide on further action.
1. The Grand Council decides on proposals and drafts for laws and resolutions based on
a) an advice or report from the Government Council;
b) the report of a Grand Council commission or the council office.
2. The Grand Council's procedural resolutions and the decision to invoke the cantonal referendum do not require prior consultation.
1. For resolutions and elections of the Grand Council, the presence of at least half of the members is required, while for decisions regarding clemency petitions, the presence of at least 60 members is necessary.
2. To verify quorum, the presidency may at any time have the presence of members ascertained.
1. At the beginning of the session, the agenda prepared by the President in agreement with the Executive Council is finalized. Once the Grand Council has approved the agenda, it can only be amended with a two-thirds majority of the votes.
1. The Executive Council may not withdraw its proposals and reports, after they have been delivered to the members of the Grand Council, without the consent of the Grand Council.
1. Regarding all outstanding orders, the Executive Council is required to submit a departmentally organized list to the Grand Council every two years, each time at the end of the calendar year.
1. The members of the government council represent the affairs of their departments in the Great Council. They also participate in other council deliberations whenever possible.
1. The Chairperson of the Judicial Council attends the sessions of the Grand Council regarding the budget, the annual accounts, and the activity report of the Judicial Council and the courts.
2. The Council Office may invite the Chairperson of the Judicial Council or the presiding officers of individual courts to the Grand Council sessions for additional matters concerning the courts.
1. Prior to a vote, the chair announces the motions that have been submitted and proposes the voting method. In case of objections, the assembly decides.
2. Amendments are to be voted on before the main motions. No more than two motions may be opposed to each other at any time.
3. Resolutions can be reconsidered, provided that the final vote has not yet taken place, with a two-thirds majority of the votes.
4. The president does not vote, but in the event of a tie, casts the deciding vote. In this case, he or she has the right to justify the deciding vote.
1. In the event that multiple council members are likely to be prevented from attending one or more sessions of the Grand Council due to a crisis situation, the council office may decide to implement crisis mode. This decision requires the approval of two-thirds of the members and must be justified. It comes into effect immediately.
2. Crisis mode allows council members who are unable to attend a session due to the crisis situation to vote in absentia and participate in open elections.
3. The council office may decide to implement crisis mode for a maximum of two months. Extensions are decided by the Grand Council.
4. Council members who are entitled to vote in absentia are not considered present. The exercise of other rights of the council members requires attendance.
5. The council office shall issue implementing regulations.
1. Council members may vote in absentia and participate in open elections in the following cases
a) from the 8th week before the calculated due date until the end of statutory maternity leave;
b) during the duration of statutory paternity leave;
c) during the duration of statutory adoption leave;
d) if they are unable to attend meetings due to illness or accident for at least two months or due to complications of pregnancy, upon presentation of a medical certificate confirming the inability to attend. If the absence lasts longer than six months, approval from the council office is required;
e) for other reasons on no more than four full meeting days per term of office.
2. Council members who are entitled to vote in absentia are not considered present. The exercise of other rights of council members requires attendance.
3. The council office issues implementing provisions.
1. Unless the constitution and law stipulate otherwise, decisions are made by a simple majority of votes.
1bis. If a decision requires two-thirds of the votes, abstentions are not considered.
2. The resolution on the lifting of immunity according to § 79 paragraph 2 of the Cantonal Constitution, as well as the urgent enactment of a law or resolution according to § 84 of the Cantonal Constitution, requires the approval of two-thirds of the members present.
3. Exceeding the limitation pursuant to § 4 of the Financial Household Act requires the approval of two-thirds of the votes.
1. Elections that are not delegated to the Council's office are conducted by secret ballot. The names of the candidates are announced before the election; there is no substantive discussion about the candidates or proposed individuals.
2. The President has the right to vote in elections.
3. If no more candidates are proposed than can be elected, the Grand Council may decide on open elections with a two-thirds majority.
1. Elections in the first and second ballots are conducted according to the principle of an absolute majority. An absolute majority is achieved by receiving more than half of the valid votes. Valid are the ballots that contain the name of an eligible person or are submitted blank.
2. If fewer candidates achieve the absolute majority in the first and second ballots than the number of seats to be filled, the relative majority decides from the third ballot onwards. In the event of a tie, the decision is made by drawing lots; this is done immediately by the president, in view of the council.
1. Elections for multiple seats in the same body are conducted using a single ballot.
2. If a ballot contains more names than there are persons to be elected, the names at the end are crossed out as surplus. If a name appears multiple times on the same ballot, it is only counted once.
1. Provisions in other enactments that differ from this law and regulate elections by the Grand Council are reserved.
1. The Report on the Strategic Planning of the Executive Council shall be delivered to the Chairpersons of the Finance Commission, the Audit Commission, and the Subject Commissions no later than November of the first year of a term of the Executive Council.
1. The budget for the following year must be in the possession of the Presidium of the Finance Commission by October 1st at the latest. It is generally reviewed by the Grand Council in the following December.
2. New motions contained in the report of the Finance Commission, as well as those motions from the Grand Council that lead to an improvement of the estimates, shall be conclusively considered at the budget meeting.
1. The annual report for the previous year must be in the possession of the presidency of the Finance Commission and the Sectoral Committees, as well as the presidency of the Audit Commission, by no later than April 15. The Sectoral Committees must submit their reports to the Finance Commission by no later than the end of May. The Finance Commission must submit its written report by no later than mid-June.
2. The Audit Commission must submit its written report by no later than mid-September.
1. The Council of Government informs the Office of the Council when negotiations concerning important state treaties, which require the approval of the Grand Council, are imminent.
1bis. The Office of the Council decides on parliamentary accompaniment and consultation of the Council of Government during the preparation of important state treaties requiring the approval of the Grand Council.
2. The Office of the Council promptly informs the commission responsible for accompanying the treaty negotiations.
3. Where the treaty negotiations would be jeopardized by notification and a procedure according to paragraphs 1 and 2, the Council of Government informs the Presidency of the Council. The Presidency of the Council accompanies the negotiations together with the presidency of the responsible commission.
1. Initiatives shall be handled in accordance with the provisions of the cantonal constitution and the law concerning initiatives and referendums.
1. Petitions addressed to the Grand Council are preliminarily reviewed by the Petitions Committee.
2. If the petition pertains to a pending issue, the preliminary review falls under the committee responsible for its preparation. If it concerns the administration's management or financial conduct, the Review Committee or the Finance Committee is responsible. The Council Office submits a proposal to the Grand Council regarding the allocation.
3. The competent committee generally provides petitioners with a response within eighteen months, based on the decision of the Grand Council. Submissions with evidently frivolous content are handled by the Petitions Committee with a brief response on their own. The committee informs the Council about such cases. Council members may inspect the records.
1. Petitions for Pardon are processed in accordance with the provisions of the Law on Pardons.
**1. In the form of a motion, any member of the Grand Council or a permanent commission can submit a proposal to oblige the Executive Council to present the Grand Council with a draft for amending the constitution, modifying an existing law, enacting a new law, or issuing a decision of the Grand Council.**
**1a. Additionally, in the form of a motion, any member of the Grand Council or a permanent commission can propose to oblige the Executive Council to take a certain measure. If the Executive Council is responsible for the measure, it shall take the measure or submit a draft regulation to the Grand Council pursuant to paragraph 1, through which the motion can be implemented.**
**2. A motion is inadmissible if it seeks to impact the constitutional jurisdiction of the Executive Council, an individual decision, a decision to be made in a legally regulated procedure, or a decision on an appeal.**
**3. If the Council admits the motion, it shall provide the Executive Council with an opportunity to give its opinion within three months, particularly regarding the legal admissibility of the motion.**
1. The Grand Council decides whether a motion should be referred to the Government Council. It can also set a deadline for its implementation.
2. If the referred motion includes a deadline, this deadline can be extended based on an interim report from the Government Council by resolution of the Grand Council.
3. Referred motions that do not include a deadline are to be implemented by the Government Council as soon as possible. Within four years of the referral, the Government Council must provide an interim report indicating the progress made and the anticipated completion date.
4. The Grand Council may at any time during the deliberation of an interim report from the Government Council decide whether to maintain the motion or to dismiss it.
4bis. If the Grand Council resolves to maintain the motion, it will decide who is responsible for processing it and, if applicable, within what timeframe. The timeframe shall not exceed two years. The motion may be referred to the Government Council for further processing or, if there is no motion according to § 42 para. 1bis, to the Council office or a Grand Council committee.
5. The motion is considered fulfilled when the Government Council submits the requested proposal to the Grand Council or has taken the necessary measures. Upon deciding to consider the proposal, the motion is dismissed. For measures already taken, the Grand Council decides on the dismissal of the motion based on the Government Council's report.
1. In the form of a motion, any member of the Grand Council or a permanent commission may submit suggestions to the Government Council or the Grand Council for amendments to the constitution, for draft laws or resolutions, or for administrative measures.
1. If the Grand Council resolves to consider a motion, it shall decide whether to refer the motion to the Executive Council, the Council Office, or a Grand Council committee for review, reporting, and recommendation. Based on this report, which must be submitted within two years, the Grand Council decides whether to dismiss or keep the motion pending.
2. If the Grand Council decides to keep the motion pending, it shall again determine who is responsible for addressing it. The deadline for reconsideration is again two years.
1. In the form of a planning motion, the Grand Council may, upon the request of one of its members or a standing committee, propose a change in the priorities as well as the political objectives and measures to the Government Council in the budget report.
2. During the budget session, the Grand Council decides whether the planning motion should be forwarded to the Government Council for comment by the session before the next summer vacation.
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1. Based on the statement of the Executive Council, the Grand Council decides whether the planning initiative should be forwarded to the Executive Council for further processing and implementation.
2. The Grand Council may set a deadline for the Executive Council to process the initiative. This period shall be at least one year. Within two years of the referral, the Executive Council shall provide an interim report on the status of their work and estimate when it will be completed.
3. The Grand Council decides whether to dismiss the planning initiative or to leave it pending.
1. With a budget postulate, any member of the Grand Council or a permanent commission can submit a request to the Government Council for a reduction in revenue or an increase in expenditures in the budget. The budget postulate must be submitted in writing to the presidency by the end of the budget session.
2. The Grand Council decides in the next session whether a budget postulate will be referred to the Government Council.
3. The Government Council must report on a referred budget postulate in a timely manner so that it can be addressed in the council by April at the latest.
1. An advance budget postulate allows any member of the Grand Council or any standing committee to request the Executive Council to make changes to a future budget.
2. Advance budget postulates concerning the next budget must be submitted in such a manner that their transfer can be addressed at the February session of the Grand Council.
3. A discussion on the submission of the advance budget postulate only takes place if there is a motion for non-consideration.
1. If the Executive Council does not fulfill an Advanced Budget Postulate assigned to it, the Great Council decides, during the adoption of the budget and based on the report of the Executive Council, whether and to what extent the Advanced Budget Postulate will be incorporated into the budget.
1. Each member of the Grand Council or the permanent committees has the right to request the submission of a cantonal initiative.
2. The request must be submitted in a formulated and justified manner.
3. The Grand Council reviews the request. After this, it may not be amended.
4. After the review, the Grand Council decides whether to reject the request or to refer it to the Executive Council for an opinion within three months.
5. Based on the opinion of the Executive Council, the Grand Council decides by a simple majority whether it wishes to definitively submit the cantonal initiative.
1. Any member of the Grand Council or the standing committees has the right to submit a proposal to initiate the cantonal referendum according to Article 141, paragraph 1 of the Federal Constitution.
2. The proposal must be submitted to the parliamentary service with a brief justification and a copy of the decree against which the referendum is to be directed. The parliamentary service shall promptly forward it to the members of the Grand Council and the Council of State, and place it on the agenda of the next session of the Grand Council.
3. A resolution on the initiation of the referendum can be made at this session.
1. Every member or a permanent committee has the right to request an opinion from the Grand Council in the form of a resolution. A resolution can only be adopted with a two-thirds majority of the votes.
1. A parliamentary group or a commission may request the Grand Council to issue a political statement on a matter under discussion in the form of a Parliamentary Declaration.
1. In the form of an interpellation, each member of the Grand Council has the right to request information from the Council of State. The subject of an interpellation may pertain to administration or matters affecting the interests of the canton.
2. A council member may submit no more than one interpellation during a session.
3. The Council of State shall respond to the interpellation either orally or in writing. Unless the Grand Council decides otherwise, the oral response shall be given in the session for which the interpellation was submitted. The written response must be delivered to the council members before the next session.
1. In the form of a Written Inquiry, any member of the Grand Council may request the Government Council to provide information on cantonal matters. Written Inquiries must be answered within three months.
1. Every council member has the right to make a brief personal statement in defense against an attack directed at themselves or their faction. The opportunity to speak shall be granted to them after the final vote or the other conclusion of the debate during which the attack occurred.
1. The matters shall be assigned to the committees upon request of the Council Office at the receipt of new matters.
2. The tasks assigned to a committee may not be expanded without the consent of the Grand Council.
1. The proceedings of the commissions are not public.
2. The minutes of the commissions are available only to the members of the commission, as well as to the members of the government council and the courts who are involved in the commission's proceedings, and to the representatives of the administration. They are to be treated as confidential and may not be communicated in full or in part to other council members or to third parties. Exceptions may be decided by the commission during its work, and after the completion of the commission's work, by the office of the Grand Council.
3. The members of the commission are entitled to inform their parliamentary group about the general course of the proceedings and the decisions of the commission. This information is also subject to confidentiality.
4. The commission may decide to submit certain questions to the parliamentary groups for consultation.
1. Commissions are authorized to decide on a time-limited confidentiality for individual transactions. After such a decision, no information about the commission's deliberations may be disclosed to other council members or third parties.
2. If there is a special legal duty of confidentiality for administrative matters, about which a commission receives information from the competent authority, the members of the commission are also subject to this duty without a special resolution.
3. The presidencies of the oversight commissions and parliamentary inquiry commissions may exchange information regarding matters in the oversight commissions and parliamentary inquiry commissions without prior consultation with the respective commission. This exchange of information is subject to the confidentiality level of the respective matter. The presidencies are obliged to report to the commission regarding the consultation, and it must be recorded in the minutes.
1. In the event of a breach of confidentiality or secrecy, the Council Office is responsible for clarifying the facts of the case. It may undertake this task itself or assign it to an appropriate existing Grand Council Commission, in particular the Disciplinary Commission for the Courts and the Public Prosecutor's Office, or it may leave the investigation to the criminal prosecution authorities. It grants the necessary permissions for statements. The President of the Grand Council is to reprimand the offending Council member and inform the Grand Council. He or she may also submit motions.
1. The permanent committees and their presidiums are elected by the Grand Council at the first session of each term for the duration of that term.
2. The term of office of the members of the permanent and special committees ends when they leave the faction or at the end of the term of the Grand Council.
3. An extraordinary complete renewal of the committees can take place for the remainder of the term of office if the Grand Council consents with a two-thirds majority.
1. The seats are distributed to the parliamentary groups based on a global distribution
a) the total number of seats in the thirteen-member commissions;
b) the total number of seats in the nine-member commissions.
2. At the beginning of the legislative term, a distribution key for the seats of the renewing and future special commissions is established according to the strength of the parliamentary groups using the method of largest remainder.
1. If a member of a standing or special committee as well as the members of the council office is unable for personal or professional reasons to participate in the committee or council office work for more than two months, the party group may appoint a substitute.
1bis For treaty-based bodies, the council office appoints the substitute upon the request of the respective committee.
2. If the substitution lasts longer than six months, the Great Council must approve the substitution.
3. A substitution in the committees does not preclude the represented council member from participating in plenary sessions and other committee meetings.
1. Permanent Committees are the Supervisory Committees, the permanent committees with special tasks, and the subject-specific committees.
1. Permanent Committees monitor the work of the administration within their field of competence. Matters that fall within the responsibilities of a permanent committee are typically referred to it for preliminary consultation and reporting upon receipt of new matters.
2. In such cases, the Grand Council decides, after receiving the report from the designated committee, whether or not to enter into the matter. Exceptions are made for matters where entering is mandatory under the constitution or law.
3. Permanent Committees may, within their area of responsibilities, proactively address issues and submit parliamentary proposals.
1. Supervisory Commissions are
a) the Finance Commission with thirteen members;
b) the Audit Commission with thirteen members.
2. The president of the Finance Commission must not belong to the same political faction as the members of the political party organizing the head of the Finance Department.
3. The presidents of the Audit Commission and the Finance Commission must not belong to the same political faction.
1. The Finance Commission reviews the planning reports, the budget, the annual report, as well as other accounts and annual reports to be submitted to the Grand Council for approval, in consideration of the reports and proposals of the specialized commissions. It provides its own report on the matters listed here, taking into account the reports of the specialized commissions. If the Finance Commission does not agree with the proposals of the specialized commissions regarding the planning reports, the budget, and the annual report, it may present its own proposals to the plenary session.
1. The Audit Commission supports and represents the Grand Council in its supervisory role over the entire state administration.
2. To this end, it conducts investigations in accordance with the mandate of the Grand Council or based on its own resolution and reports its findings to the Grand Council.
3. It reviews the annual reports of the Government Council as well as reports from the Judicial Council and the courts and submits its report to the Grand Council. It also presents the reports of the Ombudsperson and the Data Protection Officer to the Grand Council separately.
4. The Audit Commission has the right to inspect all state documents unless significant private or public interests oppose this.
5. The responsibilities of the Audit Commission also include addressing legal and social changes related to the equality of women and men as well as fundamental questions of personnel policy.
1. The Grand Council forms additional standing committees, each consisting of thirteen members, to which matters from a specific area are regularly assigned for review and reporting.
1. The Subject Commissions have in particular the following tasks
a) Examination, reporting, and making proposals to the Grand Council regarding the matters assigned to them,
b) Examination, reporting, and making proposals to the Grand Council regarding planning reports, the budget, and the annual report within their area of responsibility,
c) Coordination with other commissions that address the same or similar issues.
1. Standing Committees with Special Tasks are
a) Petitions Committee;
b) Pardons Committee;
c) Disciplinary Committee for the Courts and the Public Prosecutor's Office;
d) Election Preparation Committee.
2. The Petitions Committee consists of thirteen members, while the Pardons Committee and the Disciplinary Committee for the Courts and the Public Prosecutor's Office each consist of nine members.
3. The Election Preparation Committee consists of an equal number of members as there are parliamentary groups, and the Grand Council elects one member from each group into the Election Preparation Committee.
1. The Petitions Commission is to examine the petitions referred to it and report to the Grand Council, proposing the necessary actions. It conveys the constitutionally entitled response to the petitioners on behalf of the Grand Council.
1. The duties and powers of the Pardon Commission are governed by the Law on Pardons.
1. The functions and powers of the Disciplinary Commission for the Courts and the Public Prosecutor's Office are regulated by the Court Organization Act.
1. Where the constitution or a law prescribes it, the Election Preparation Commission prepares the elections to be conducted by the Grand Council.
2. Unless otherwise prescribed by a law, the Commission can recommend one or several applications for each position to be filled, as well as, with their consent, individuals who have not applied. Eligible candidates are those who meet the legal election requirements and are either proposed by the Commission or, at the latest, four weeks after the Commission's proposal is announced, are nominated in writing by four members of the council.
3. Confidentiality applies to the deliberations of the Election Preparation Commission.
1. Special Committees are the Parliamentary Inquiry Committee, the Special Committees, and the Treaty Bodies.
1. The Grand Council may, within the scope of its supervisory rights, appoint a parliamentary investigation committee for the clarification of special occurrences of great significance, after consulting the Council of State.
2. The appointment of the committee is deemed to have been made if the majority that agrees on it reaches at least forty votes and at least sixty council members have participated in the vote.
3. Upon the proposal of the Council Office, the Grand Council enacts a clear, conclusively described, and time-limited mandate in a Grand Council resolution.
4. The Grand Council determines the size of the committee.
5. The Grand Council may also appoint the Audit Committee or the Finance Committee as a parliamentary investigation committee.
6. The mandate given to a parliamentary investigation committee is exclusively carried out by itself. To the extent that there are still mandates to other parliamentary committees on the same matter, they cease upon the appointment of the parliamentary investigation committee.
1. The parliamentary investigation committee may obtain oral or written information from the government council or its individual members, from the judicial council, from the appellate court, as well as from the employees of the administration and the courts, and may demand the release of all relevant documents from the government council and the release of the relevant documents of the judicial administration from the judicial council.
2. The persons questioned are obligated to provide the parliamentary investigation committee with truthful information regarding observations made in the course of their official duties or service and to identify all documents relevant to the subject of the investigation. The duty of official secrecy does not prevent members of authorities and state employees from providing information to the parliamentary investigation committee.
3. Conversely, the members of the parliamentary investigation committee and other persons present at its meetings are themselves bound by official secrecy and are subject to the criminal provisions of Article 320 of the Swiss Penal Code.
1. The parliamentary investigation committee is authorized to consult experts, conduct on-site inspections, and request written and oral information from private individuals.
2. If a matter cannot be sufficiently clarified in any other way, the parliamentary investigation committee may initiate formal witness examinations. In such cases, the provisions of the Code of Criminal Procedure and the Swiss Criminal Code shall apply. To the extent that private individuals are subject to the duty to testify, they must produce the documents in their possession.
3. If an investigation is aimed entirely or predominantly at a specific person, that person may only be questioned as an informant.
1. The concerned authorities, members of authorities, state employees, and private individuals must in every case be heard regarding the allegations and findings concerning them before the parliamentary inquiry commission reports to the Grand Council on their investigation.
2. They have the right to inspect the files of the parliamentary inquiry commission concerning them and to request further clarifications.
3. The parliamentary inquiry commission submits its final report to the concerned parties for oral and written response. This response forms part of the final report.
1. For the preliminary discussion of individual matters, the Grand Council can appoint a special commission following the decision to proceed. The Council may also choose to forgo a debate on the decision to proceed. If a matter is referred to a commission immediately upon receipt of new matters, the decision to proceed is thereby made.
2. Special commissions consist of thirteen members. The Grand Council may determine a different number of members with a two-thirds majority vote.
2a. Special commissions remain in existence even beyond a legislative change.
3. The mandate of the special commission expires after the adoption of the final report by the Grand Council.
1. The special committees are appointed by the council office based on the faction proposals according to the faction key.
1. The Grand Council may decide, with a two-thirds majority of the votes, to conduct the election of a special commission in the plenary session. Only previously elected commission members are eligible for the presidency.
2. Substitute elections are conducted by the same authority that elected the commission.
1. The Number of Members of the Basel-Stadt Council in Intergovernmental Bodies
The number of members of the Basel-Stadt council in intergovernmental bodies is determined by an intergovernmental agreement. The Council Office determines the composition of the respective representation according to commissions.
1. The Grand Council elects, in accordance with the applicable legal provisions, members and in part also the presidencies of the following external council committees
a) Commission for Monument Subsidies;
b) Education Council;
c) * ...
d) * ...
e) * ...
2. The term of office of the external council committees corresponds to that of the commissions elected by the Executive Council.
1. The Grand Council shall issue the implementing provisions for this law.
2. The Grand Council may, with a two-thirds majority, decide on temporary deviations from the implementing provisions.
1
a) The Law on Penal Execution and Pardon of October 30, 1941, is amended as follows
b) The regulations concerning §§ 40 and 43 of the Law on the Rules of Procedure of the Grand Council of June 29, 1983, are repealed.
c) The Law on the Rules of Procedure of the Grand Council (GO) of March 24, 1988, is repealed.
1. For the duration of the current legislative period until January 31, 2025, the Petitions Committee, which has been increased by four members, will allocate two additional seats to the SP faction and one additional seat each to the GAB and LDP factions.
1. This law shall be published; it is subject to a referendum and becomes effective upon the entry into force on September 9, 2006 (Kunigunde Day). The amendment to the law on penal execution and pardon shall become effective on February 1, 2009.