CH
Constitution of the Canton of Bern, (ConstC) (KV)
Table of Provisions (144)
Statutory Text (144 Articles)
The canton of Bern is a liberal, democratic, and social state governed by the rule of law.
The power of the State belongs to the people. It is exercised by the electorate and the authorities.
The Canton of Bern is one of the states of the Swiss Confederation. It cooperates with the Confederation and the other cantons and considers itself a link between the French-speaking Switzerland and the German-speaking Switzerland.
The Canton of Bern comprises the territory guaranteed to it by the Confederation.
It is divided into administrative regions, administrative districts, districts, and municipalities.
Regional organizations may be established to carry out specific tasks.
The needs of linguistic, cultural, and regional minorities shall be taken into account.
To this end, specific competences may be conferred on these minorities.
A special status is recognized for the Bernese Jura, which constitutes the administrative region of the Bernese Jura. This status shall enable it to preserve its identity, maintain its linguistic and cultural uniqueness, and actively participate in the cantonal political life.
The canton shall take measures to strengthen the ties between the Bernese Jura and the rest of the canton.
French and German are the national and official languages of the Canton of Bern.
The official languages are: a. French in the administrative region of Jura bernois; b. French and German in the administrative region of Seeland as well as in the administrative district of Biel/Bienne; c. German in other administrative regions as well as in the administrative district of Seeland.
The official languages of the municipalities in the administrative districts of the administrative region of Seeland are: a. French and German in the municipalities of Biel/Bienne and Evilard; b. German in the other municipalities.
The canton and the municipalities may take into account particular situations resulting from the bilingual nature of the canton.
Any person may address the competent authorities for the entire canton in the official language of their choice.
Legislation governs the acquisition and loss of cantonal and municipal citizenship rights within the limits of federal law and subject to the principles defined below.
Municipal citizenship forms the basis of cantonal citizenship.
Citizenship is notably denied to anyone who: a. has been convicted of a crime by a final judgment or to anyone who has been sentenced by a final judgment to a custodial sentence of at least two years for an offense; b. receives social assistance benefits or has not fully reimbursed the benefits received; c. cannot demonstrate sufficient knowledge of an official language; d. cannot demonstrate sufficient knowledge of Swiss and cantonal institutions and their history; e. does not possess a residence permit.
No one can claim citizenship.
Every person is obliged to fulfill the duties incumbent upon them under the Constitution and the legislation in conformity therewith.
Every person is responsible for themselves, assumes their responsibility towards other human beings, and takes their share of responsibility to ensure that future generations also have the right to decide their own future.
Human dignity shall be respected and protected.
Equality before the law is guaranteed. Any discrimination, particularly on the grounds of race, color, sex, language, origin, lifestyle, and political or religious beliefs, is strictly prohibited.
Men and women are equal before the law. They are entitled to the same education, equal pay for work of equal value, as well as the same access to public office and public educational institutions.
The canton and municipalities promote the achievement of de facto equality between men and women.
Every person has the right to protection against any arbitrary measures by public authorities.
The protection of good faith is guaranteed.
Personal freedom is guaranteed, in particular the right to physical and mental integrity as well as freedom of movement.
Torture and inhuman or degrading punishment and treatment are absolutely prohibited.
Everyone has the right to respect for their private life, home, correspondence, and the relationships they establish through telecommunications.
The right to marriage and family life is protected.
The freedom to choose another form of communal life is guaranteed.
Freedom of conscience and belief, as well as its exercise, are guaranteed. It is absolutely prohibited to compel a person to perform a religious act or to oblige them to profess their faith or philosophical beliefs.
Freedom of language is guaranteed.
The free choice of place of domicile and place of residence is guaranteed.
Everyone may freely form their opinion and express it without constraint through speech, writing, imagery, or any other means.
Prior censorship is strictly prohibited except within the framework of special legal relationships.
Everyone has the right to access official documents, provided that no overriding public or private interest opposes such access.
Every person has the right to access data concerning them and to request the correction of any inaccuracies, and the deletion of data that is inadequate or unnecessary.
Authorities may only process personal data if there is a legal basis for doing so, and provided that such data is necessary and appropriate for the performance of their tasks.
They must ensure that the data processed is accurate and must protect it against misuse.
Everyone may freely organize a meeting or participate in one, create an association or become a member of one; no one can be compelled to do so.
The law or a municipal regulation may require a permit for events on public property. Events will be authorized if an orderly conduct seems ensured and the impact on the interests of other users appears bearable.
Every person has the right to submit a petition to the authorities and to collect signatures for this purpose without suffering any prejudice.
Any restriction on the right to submit individual petitions is strictly prohibited.
The competent authority shall examine the petition and respond to it within one year.
The freedom of teaching and the freedom of research are guaranteed.
Individuals engaged in scientific activities, conducting research, or teaching, assume their responsibility towards the integrity of human life, animals, plants, and their vital foundations.
The freedom of artistic expression is guaranteed.
The free choice of profession and employment, free economic activity as well as the rights of professional association and trade union grouping are guaranteed.
Contractual freedom is, as an institution, inviolable.
Property is guaranteed and, as an institution, inviolable.
Full and complete compensation is due in the event of expropriation or a restriction of property equivalent to expropriation.
The canton and the municipalities create conditions conducive to a broad distribution of private land ownership, particularly so that it is used by the person who holds it.
No one shall be deprived of their liberty except in the cases and in the manner provided by law.
Any person deprived of liberty shall be promptly informed, in a language they understand, of the reasons for this deprivation and of their rights. They have the right to have their relatives informed as soon as possible.
Any person who, suspected of an offense, is apprehended by the police shall be brought promptly before a judicial authority which shall hear them and decide on the continuation of the deprivation of liberty. If the person is kept in detention, they have the right to be tried within a reasonable time or to be released.
Any person deprived of liberty has the right: a. to be assisted by legal counsel and to communicate freely with them; b. to have the legality of the deprivation of liberty reviewed by a court in a simple and swift procedure.
If the deprivation of liberty is found to be illegal or unjustified, the public community must fully compensate the person who has been the victim of such for the damage suffered and possibly for the moral harm.
Any restriction to the guarantees of paragraphs 1 to 3 is absolutely prohibited.
Every person has an inviolable right to have their case heard by judges who are independent, impartial, and established by law.
In any procedure, the parties have the right to be heard, to review the documents related to their case, and to obtain a reasoned decision within a reasonable time, with an indication of the avenues for appeal.
Persons who lack the necessary resources are entitled to free legal assistance.
Every person is presumed innocent until they are convicted by a judgment that has become final and binding. In case of doubt, the decision shall be in favor of the accused person.
It is absolutely prohibited to convict a person for an act or omission that was not punishable at the time it was committed.
Fundamental rights must be implemented throughout the entire legal order.
Anyone carrying out a public function must respect fundamental rights and contribute to their fulfillment.
Fundamental rights also apply to foreign persons unless excluded by federal law.
Minors and those under guardianship, when they are capable of discernment, can themselves exercise the fundamental rights relating to their personality.
Any restriction of a fundamental right requires a legal basis. The content, purpose, and scope of the restrictions must be determined with sufficient precision. An exception is made for cases of serious, imminent, and evident danger, particularly when human life and health, the exercise of democratic rights, or irreparable damage to the environment are at stake.
A fundamental right can only be restricted if the protection of a prevailing public interest or a fundamental right of another justifies it.
Any restriction must be proportionate to the intended purpose.
The essence of fundamental rights is intangible. It consists notably of the guarantees that this Constitution declares intangible or absolutely prohibits any restriction of.
Every person in need has the right to shelter, the necessary means to lead a life in accordance with the requirements of human dignity, as well as essential medical care.
Every child has the right to be protected, assisted, and supervised. They are entitled to free schooling that matches their abilities.
Victims of serious offenses have the right to assistance that allows them to overcome their difficulties.
The canton and the municipalities shall set the following objectives: a. that every person can meet their needs through employment under reasonable conditions, is protected against the consequences of unemployment not attributable to their fault, and receives paid vacation; b. that every person can find housing under bearable conditions; c. that women enjoy material security before and after childbirth; d. that appropriate childcare conditions are created and that families are supported in the fulfillment of their responsibilities; e. that the desires and needs of young people are taken into consideration; f. that every person can receive education and training in accordance with their tastes and abilities; g. that any person requiring assistance due to age, weakness, illness, or disability receives adequate care and support.
The canton and the municipalities achieve these objectives within the framework of available resources and as a complement to private initiative and responsibility.
The natural environment shall be preserved and restored for present and future generations. State and private activities shall harm it as little as possible.
The natural bases of life can only be utilized to the extent that their sustainability is assured.
The canton and municipalities shall protect humans and the natural environment from harmful or nuisance impacts. The canton shall also protect against potential dangers from genetic engineering and the products derived therefrom.
The canton and municipalities shall protect wildlife and flora as well as their biotopes.
The costs of environmental protection measures shall generally be borne by the persons who have necessitated them.
The canton and the municipalities actively commit to limit climate change and its adverse effects.
Within the scope of their responsibilities, they take the necessary actions to achieve climate neutrality by 2050 and enhance the capacity to adapt to the adverse effects of climate change.
Climate protection measures aim overall at strengthening the economy and must be acceptable from both a social and environmental perspective. They particularly include instruments for promoting innovation and technology.
The canton and the municipalities overall direct public financial flows towards climate-neutral and climate-resilient development.
The canton and the municipalities, in collaboration with private organizations, take measures to preserve landscapes and sites worthy of protection as well as natural monuments and cultural assets.
The canton and the municipalities ensure the measured use of the land, the rational occupation of the territory, and the maintenance of recreational spaces.
Territorial planning and construction regulations adhere to the objectives of cantonal development. The various needs of the population and the economy, as well as the requirements of environmental protection, are taken into consideration.
The canton ensures the preservation of a sufficient area of arable land.
The canton and the municipalities ensure that transportation is safe and economical, respects the environment, and conserves energy.
They encourage public transportation and the adoption of environmentally friendly means of transport.
The needs of non-motorized traffic are taken into account when planning road infrastructure.
In the performance of their duties, the canton and the municipalities consider the effects on traffic development.
The canton and the municipalities ensure the water supply.
They take measures to ensure that the energy supply is environmentally friendly, economical, and sufficient. They encourage the use of renewable energy sources.
They strive to promote a rational and economical use of water and energy.
The canton and the municipalities strive to reduce the impact on water quality and treat wastewater without harming the environment.
They take measures to reduce the amount of waste and encourage recycling. They dispose of non-recyclable waste without harming the environment.
The canton and the municipalities ensure safety and public order.
The canton and the municipalities take care of people in need in collaboration with public and private organizations.
They encourage foresight and mutual assistance, combat the causes of poverty, and prevent situations of social distress.
They may complement the social benefits provided by the Confederation.
The canton and the municipalities take measures to prevent unemployment and mitigate its consequences. They support retraining and professional reintegration.
The canton promotes occupational safety and occupational health medicine.
The canton and the municipalities do not take sides when social partners resort to lawful measures of dispute.
They encourage measures that allow for the reconciliation of professional activity with managerial responsibilities.
The canton and the municipalities shall take measures to preserve housing with affordable rents and to improve inadequate housing conditions. They encourage the construction of housing with affordable rents.
The canton and the municipalities protect the health of the population and promote preventive measures in this area. They ensure that medical and paramedical care is sufficient and economically sustainable. To this end, they establish the necessary institutions.
The canton guarantees the efficient and economical use of public resources through planning and a judicious financing system. It ensures coordination with private institutions.
The canton and the municipalities encourage home care and assistance. They support effective measures in the prevention of drug addiction.
The canton promotes alternative medicine.
It supervises public and private institutions, health professions, and the pharmaceutical sector.
The educational system contributes to the harmonious development of physical, intellectual, creative, emotional, and social capacities, as well as the sense of responsibility towards the environment.
The canton and the municipalities support the parents in the education and training of their children.
The canton and the municipalities maintain kindergartens and schools. Education respects religious and political neutrality.
The canton and the municipalities may allocate subsidies to private schools that perform public duties.
The canton regulates the supervision of private schools and private education.
A university and specialized higher education institutions are maintained by the canton. They serve the community.
They contribute to the development of scientific knowledge through teaching and research and provide services.
The canton and the municipalities support both professional and non-professional adult education.
The canton facilitates education through subsidies or other measures aimed at promoting equal opportunities.
The canton promotes collaboration and coordination within the education system.
The canton supports the independence and diversity of information. The law governs editorial confidentiality.
Sundays and legally recognized public holidays are designated as public rest days.
The canton and the municipalities facilitate access to cultural life. They encourage cultural creation and exchanges.
In this activity, they take into consideration the needs of all segments of the population and the cultural diversity of the canton.
The canton and the municipalities support the judicious organization of leisure activities and measures in favor of sports and recreation.
The canton and the municipalities create conditions conducive to a productive and structurally and regionally balanced economy.
They aim to maintain viable small and medium-sized enterprises and to preserve a finely branched network of retail businesses.
The canton shall take measures in favor of efficient and environmentally friendly agriculture and forestry.
It supports family agricultural enterprises, promotes direct management by the owner, and encourages farming methods close to natural processes.
It ensures the conservation of forests in their protective, economic, and social functions.
The sovereign rights of the canton are: a. the salt monopoly; b. the water monopoly; c. the mining monopoly, including the right to exploit geothermal energy; d. the hunting and fishing monopolies.
Existing private rights are reserved.
The sovereign rights grant the canton an exclusive right of use. It may grant this right to municipalities or private individuals.
The canton operates a bank in order to promote economic and social development. The Cantonal Bank supports the canton and the municipalities in the fulfillment of their tasks.
The canton participates in cooperation between the regions of Europe.
It contributes to the improvement of the economic, social, and ecological situation prevailing in disadvantaged countries and supports humanitarian aid to populations in need. In this activity, it encourages respect for human rights.
All Swiss men and women residing in the canton who have reached the age of 18 have the right to vote in cantonal matters.
The law regulates the voting rights of Swiss citizens abroad and the exclusion of the right to vote due to interdiction or incapacity for discernment.
The people elect: a. the Grand Council; b. the Executive Council; c. the Bernese members of the National Council; d. the Bernese members of the Council of States.
The Bernese members of the Council of States are elected at the same time as those of the National Council and for the same term. The election is conducted according to the majority voting system.
30,000 citizens can at any time request the general renewal of the Grand Council or the Executive Council. The newly elected authority completes the term of office of the outgoing authority.
The request is submitted to a popular vote within three months following its submission. If the electorate accepts it, new elections are immediately ordered.
An initiative may request: a. the total or partial revision of the Constitution; b. the adoption, repeal, or amendment of a law; c. the denunciation or commencement of negotiations for the conclusion or modification of an intercantonal or international treaty, when it is subject to optional or mandatory voting; d. the drafting of a decree by the Grand Council subject to optional or mandatory voting.
The initiative is successful if it is signed by 15,000 citizens within six months. A request for a total revision of the Constitution requires 30,000 signatures.
The initiative may be framed in general terms or, unless it calls for a total revision of the Constitution or the drafting of a decree by the Grand Council, it may take the form of a fully drafted proposal.
The Executive Council decides on the success of the initiatives and the Grand Council on their validity.
An initiative will be entirely or partially invalidated if it: a. violates superior law; b. is unenforceable; c. does not respect the unity of form or subject matter.
The Grand Council definitively determines the legal form in which the project requested by an initiative conceived in general terms will be developed.
Initiatives are examined without delay.
The Grand Council may propose a counter-project to a fully drafted initiative or to a project it has developed to implement an initiative conceived in general terms.
The citizens vote simultaneously on the initiative and on the counter-project. They can validly approve both proposals and decide which one they prefer if both are accepted.
The following are mandatorily subjected to a popular vote: a. constitutional revisions; a1. urgent laws; b. initiatives not approved by the Great Council or against which it proposes a counter-project; c. intercantonal and international treaties that derogate from the Constitution; d. modifications to the cantonal territory, with the exception of border corrections. 100 members of the Great Council may decide that the electorate must decide on a project submitted to an optional vote.
Subject to a popular vote, if requested, are furthermore: a. the laws; b. inter-cantonal and international treaties whose content pertains to a matter that, within the canton, is subject to optional voting; c. decisions by which the Grand Council decides on one-time expenditures exceeding two million francs or periodic expenditures exceeding 400,000 francs; d. orders by the Grand Council relating to a concession; e. principle resolutions; f. other orders of the Grand Council that do not pertain to a procedural matter, if prescribed by law or if the Grand Council or 70 of its members decide so. Elections, judicial matters, management reports, and the budget are excluded.
The request for a popular vote must be signed by 10,000 citizens within three months following the publication of the proposal.
A proposal submitted to a popular vote is accepted when it has obtained the majority of validly cast votes in the canton. The Grand Council may annex an alternative proposal to any project submitted to the optional or mandatory vote. If the popular vote takes place and no popular proposal pursuant to paragraph 3 is submitted, the electorate shall decide on the main proposal and the alternative proposal. If, in the case of an optional vote, the popular vote is not requested or if a popular proposal is submitted, the alternative proposal becomes void.
10,000 citizens can propose a popular proposal within three months following the publication of a draft law or a principle decree. The popular proposal also constitutes a request for a popular vote on the Grand Council's proposal.
When an alternative proposal or a popular proposal is presented, the vote takes place according to the procedure applicable to an initiative with a counter-proposal.
Every person has the right to participate in consultation procedures in order to express their opinion on revisions of the Constitution, on draft laws, and on other projects of general significance.
The opinions collected are accessible to the public.
Political parties contribute to forming public opinion and will.
The canton and the municipalities may support them in accomplishing this task.
The authorities are organized according to the principle of the separation of powers. No authority has the right to exercise the power of the State without control and in an unlimited manner.
Anyone who undertakes a public task is subject to the Constitution and legislation.
Judicial authorities do not apply cantonal normative acts that violate superior law.
Citizens are eligible for election to the Grand Council, the Executive Council, the Council of States, and the cantonal judicial authorities, provided that the Constitution or the law does not stipulate additional conditions.
The law governs the eligibility requirements for members of other authorities and the conditions for the appointment of the personnel of the cantonal administration.
Service relationships are governed by legislation.
The following individuals cannot simultaneously be members of the Grand Council: a. members of the Executive Council; b. members of the cantonal judicial authorities and the Public Prosecutor's Office; c. staff of the central administration and the decentralized administration of the canton; c1. staff of the judicial authorities and the Public Prosecutor's Office; d. persons holding other functions declared incompatible by law.
In justified cases, the law may provide exceptions to para. 1, let. c.
Members of a cantonal judicial authority or the Public Prosecutor's Office cannot simultaneously be members of the Executive Council, nor belong to the central or decentralized administration of the canton.
Members of the Executive Council are prohibited from sitting in the Federal Assembly.
Members of the authorities and the staff of the cantonal administration, judicial authorities, and the Public Prosecutor's Office must recuse themselves when matters directly concerning them are being dealt with.
The competencies of the electorate may be delegated to the Grand Council and the Executive Council provided that the delegation is limited to a specific area and is provided for by a law that sets its framework. They cannot be delegated directly to any other authority.
The competencies of the Grand Council may be delegated to the Executive Council under the same conditions.
The Executive Council may delegate its competencies to other bodies when authorized by law. It may delegate the competencies of the Directorates without being authorized by law.
Fundamental and important norms of cantonal law are enacted in the form of a law. These include in particular the norms for which the Constitution expressly requires the form of a law as well as the norms: a. that set out the main aspects of the legal status of individuals; b. that stipulate the subject of public contributions, the principle of their calculation, and the circle of persons liable to them, with the exception of low fees; c. that determine the purpose, nature, and framework of significant cantonal benefits; d. that outline the main aspects of the organization and tasks of the authorities; e. that assign the canton a new lasting task.
The authorities are required to provide the public with sufficient information about their activities.
The canton and other organizations responsible for public duties are liable for the damage that their organs have unlawfully caused in the exercise of public authority.
Other cases of liability are governed by law. The law also determines the liability of cantonal authorities and personnel.
The law sets the conditions under which the canton is also liable for damage that its organs have lawfully caused.
The Grand Council is composed of 160 members elected for a term of four years.
The Grand Council is elected through proportional representation.
The law determines the delineation of electoral districts.
The mandates are allocated to the electoral districts proportionally to the number of inhabitants. Twelve mandates are guaranteed to the electoral district of the Bernese Jura. Equitable representation must be guaranteed to the French-speaking minority of the Bienne-Seeland electoral district.
The seats are distributed among the lists based on the party votes obtained in the electoral districts.
The Grand Council enacts laws and decrees. The law designates the provisions that will be specified by a decree.
The Grand Council approves: a. international treaties, and b. inter-cantonal treaties that do not fall exclusively within the purview of the Executive Council.
A law whose enactment is urgent may come into force immediately if the Grand Council decides so with a two-thirds majority of its members.
Alternative proposals, in accordance with Art. 63, para. 2, are excluded for laws within the meaning of para. 1.
The vote provided for in Art. 61, para. 1, let. a1, shall take place no later than six months after the urgent law comes into force. If the urgent law is rejected, it is repealed immediately following the popular vote.
The Grand Council addresses the legislative government program, the integrated "mission-financing" plan, and other fundamental plans concerning specific areas.
The Grand Council decides on: a. the budget; b. the management report; c. the tax rate; d. the framework for new indebtedness; e. the expenses that are not within the competence of the Executive Council or the Administrative Directorate of the judiciary.
The Grand Council elects: a. the president of the Grand Council; b. the president of the Executive Council; c. the State Chancellor; d. the president of the Supreme Court and the president of the Administrative Court; e. the other members of the courts, insofar as the law does not provide otherwise; f. the Attorney General as well as the Deputy Attorneys General.
The law may assign it the task of electing other authorities.
The Grand Council exercises oversight over: a. the Executive Council; b. the administration of the Judicial Administrative Directorate, the supreme courts, and the Public Prosecutor's Office.
It exercises high-level oversight over the administration and other organizations responsible for public duties.
The Grand Council: a. debates and decides upon all matters submitted to mandatory or optional voting; b. exercises the participatory rights that the Federal Constitution grants to the cantons; c. may give its opinion during federal consultations; d. rules on conflicts of jurisdiction that arise between the supreme authorities of the canton; e. grants amnesty and pardon; f. ... g. fulfills all other tasks incumbent upon it under the Constitution or legislation.
The law assigns the Grand Council the authority to grant, modify, renew, and transfer significant concessions.
The Great Council may assign mandates to the Executive Council. Mandates that pertain exclusively to the domain of the Executive Council serve as directives.
The Great Council may adopt acts of principle within the scope of its competencies.
The Grand Council may establish committees to prepare its deliberations.
It may delegate the authority to make certain decisions that fall within its purview to these committees. However, it retains the power to call up a specific matter.
In order for the committees to carry out their tasks, the law grants them a special right to obtain information, consult documents, and conduct investigations.
Members of the Grand Council may form groups.
Members of the Grand Council deliberate and vote without instructions. Subject to professional secrecy, they disclose any specific connections they have with private and public interests.
They express themselves freely in parliament. They can only be prosecuted in cases provided for by the law.
They may submit an initiative and make interventions as specified by law.
They have a special right to obtain information and consult documents from the administration within the framework set by the law. The President of the Grand Council may consult the files of the Executive Council at any time.
The Executive Council has the right to submit any proposal to the Grand Council.
It participates in the sessions of the Grand Council with a consultative voice.
It may be represented by its members.
The Administrative Directorate of the Judiciary has the right to submit proposals to the Grand Council concerning matters provided by law.
It participates in the sessions of the Grand Council with a consultative voice during the handling of these matters.
The law regulates the participation of the Executive Council in the preparation of matters.
The Executive Council consists of seven members.
One seat is guaranteed to the Bernese Jura. Eligible candidates are any French-speaking citizen residing in the district of Courtelary, Moutier, or La Neuveville.
The election of the members of the Executive Council takes place according to the majority system, at the same time as the regular general renewal of the Grand Council and for the same period.
The entire cantonal territory forms a single electoral district.
Subject to the seat guaranteed to the Bernese Jura, the following are elected to the Executive Council: a. in the first round of voting, in order of the number of votes, the candidates who have obtained the absolute majority of validly cast votes; b. in the runoff ballot, the candidates who have obtained the most votes.
The votes collected by the candidates from the Bernese Jura are counted separately at the cantonal level and at the level of the Bernese Jura. The seat guaranteed to the Bernese Jura is allocated to the candidate who obtains the highest geometric average. Election in the first round also requires an absolute majority of votes in the canton.
The Executive Council sets the objectives of state activity, subject to the competencies of the Grand Council. It plans and coordinates the activities of the canton.
The Executive Council directs the administration. It allocates the Departments among its members. Each member of the government is in charge of one or more Departments.
It organizes the administration appropriately within the framework of the Constitution and the law. It ensures that the administration acts in compliance with the law, is efficient, and meets the needs of the population.
It appoints the cantonal authorities and staff unless the Constitution or the law assigns this competence to another body.
It reports on the activities of the administration to the Grand Council annually or as often as it is requested by the latter.
The Executive Council generally conducts the preliminary legislative procedure.
It enacts ordinances within the framework of the Constitution and legislation.
In case of an emergency, it may enact by ordinance the provisions that are necessary for the introduction of superior law. These urgent introductory provisions shall be replaced without delay following the ordinary procedure.
It may conclude inter-cantonal and international treaties subject to the approval right of the Grand Council. Short-term terminable inter-cantonal treaties fall exclusively within the jurisdiction of the Executive Council if they are of minor importance or if they fall within its legislative competencies.
The Executive Council prepares the integrated "mission-financing" plan and finalizes the budget and management report for the attention of the Grand Council.
It finalizes: a. new one-time expenditures up to a maximum of one million francs; b. new periodic expenditures up to a maximum of 200,000 francs; c. related expenditures.
It decides on land disposals as well as land acquisitions that are made for investment purposes.
It provides the necessary financial means.
The Executive Council: a. represents the canton both internally and externally; b. is responsible for security and public order; c. prepares matters for the Great Council insofar as the latter does not wish to handle them independently; d. executes legislation, the resolutions of the Great Council, and judgments that have acquired the authority of a final decision; e. adopts positions during federal consultations while respecting the opinion of the Great Council; f. rules on appeals referred to it by law; g. decides on adjustments to cantonal and communal boundaries; h. performs other tasks incumbent upon it by virtue of the Constitution or legislation.
The Executive Council may, without a legal basis, take measures to address current or imminent disturbances threatening public safety and order as well as social crisis situations. The ordinances enacted under these circumstances are immediately submitted to the Grand Council for approval; they become void no later than one year after their entry into force.
The central administration of the canton is divided into Departments.
The State Chancellery serves as the headquarters for the Grand Council and the Executive Council and ensures communication between these two authorities.
An equitable proportion of the staff must be French-speaking.
The administrative regions and administrative districts are the ordinary decentralized administrative units of the canton. They are designated by law.
The electorate elects a prefect in each administrative district.
The law establishes the duties of the prefects.
The law determines which other regional or district authorities are elected by the electorate.
The law designates the boundaries of the districts.
Certain cantonal tasks may be assumed at a regional level if the law provides for it.
The canton may: a. create establishments or other institutions under public or private law; b. be part of institutions under public or private law; c. assign public tasks to private individuals or to institutions outside the administration.
The law particularly regulates: a. the broad outlines of the organization and tasks of the establishments and institutions created by the canton; b. the nature and framework of the delegation of legislative competencies; c. the nature and extent of significant cantonal participations; d. the nature and extent of the assignment of public tasks if they involve significant benefits, restriction of fundamental rights, or the collection of public contributions.
These organizations charged with public tasks are subject to the supervision of the Executive Council. The law provides for appropriate participation of the Grand Council.
The law may establish a cantonal mediation service.
The courts and the Public Prosecutor's Office are independent in exercising their judicial powers and in criminal prosecution, and are subject only to the law.
They self-administer, insofar as the law does not provide otherwise.
Court hearings are public. Court judgments are provided in writing with reasons. The law regulates exceptions.
The law regulates the organization and competence of the courts and the Public Prosecutor's Office.
The Administrative Directorate of the Judiciary is the self-administering body of justice common to the Supreme Court, the Administrative Tribunal, and the Public Prosecutor's Office.
The law regulates the composition and powers of the Administrative Directorate of the Judiciary.
The Administrative Directorate of the Judiciary decides on: a. new unique expenditures up to one million francs; b. new periodic expenditures up to 200,000 francs; c. related expenditures.
Civil jurisdiction is exercised by: a. conciliation authorities; b. regional courts; c. the Supreme Court.
The law may establish special judicial authorities.
Criminal jurisdiction is exercised by: a. the regional courts; b. to d. ... e. the Supreme Court.
The law may establish special judicial authorities.
It may assign competencies in matters of administrative criminal law to the administrative authorities of the canton and municipalities. Judicial review is reserved.
The Administrative Court has final jurisdiction over administrative disputes that, by law, are not under the definitive jurisdiction of another authority.
The law may establish special judicial authorities to handle administrative disputes.
The Public Prosecutor's Office performs the tasks assigned to it by law in the area of criminal prosecution.
The management of finances shall be economical, efficient, adapted to economic conditions, and in accordance with the principle of user payment. Finances must be balanced in the medium term.
The canton shall establish a comprehensive financial planning that aligns as far as possible with that of the Confederation.
Before assuming a new task, the canton shall examine how to finance it.
Each task shall be periodically reviewed to verify whether it remains necessary and useful, and whether the financial burden it causes remains sustainable.
The budget may only present an excess of expenditures if it is covered by a surplus in the balance sheet.
An excess of expenditures in the management report must be amortized within two years unless it is covered by a surplus in the balance sheet.
Upon adoption of the budget, the Grand Council may deviate from paragraph 1 with the approval of three-fifths of its members. Upon approval of the management report, paragraph 2 does not apply to the amount of the excess expenditures specified in the budget. A deficit must be amortized within five years.
Upon approval of the management report, the Grand Council may deviate from paragraph 2 with the approval of three-fifths of its members, to a determined extent. The deficit must be amortized within five years.
Accounting gains and value adjustments realized on financial asset investments are not taken into account in the application of paragraphs 1 and 2.
The degree of self-financing of net investment shall be at least 100 percent in the medium term.
If the degree of self-financing of net investment listed in the budget is less than 100 percent, it must be compensated in the integrated mission-financing plan, to the extent that it is not covered by financial surpluses from the five years preceding the budget year.
A deficit shown in the management report must be compensated within five years, to the extent that it is not covered by financial surpluses from the five years preceding the report year.
With the approval of three-fifths of its members, the Great Council may decide to extend the period for compensation of the deficit to nine years or to entirely waive the compensation.
Paragraphs 1 to 4 apply only when the net debt ratio, defined as the ratio between net debt I and the cantonal gross domestic product, exceeds a rate of six percent. The decisive value is the ratio at the end of the preceding calendar year.
Any increase in the tax rate by the Grand Council that results in an overall increase in the canton’s tax revenue requires the approval of the majority of the members of the Grand Council.
The canton derives its resources notably from: a. the collection of taxes and other public contributions; b. the yield of its assets; c. the services from the Confederation and third parties; d. the conclusion of loans and borrowings.
The canton levies: a. a tax on the income and wealth of natural persons; b. a tax on the profits and capital of legal entities; c. a tax on capital gains.
In addition, the canton levies an inheritance and gift tax, a motor vehicle tax, and, to the extent provided by legislation, other taxes on expenditures or transactions.
The tax system is structured based on the principles of universality and legal equality and takes into account the economic capacity of taxpayers.
Taxes on individuals are calculated to accommodate those who are economically disadvantaged, to maintain the individual's incentive to engage in gainful employment, and to encourage personal foresight.
Taxes on legal entities are calculated to preserve their competitiveness while considering the social contributions they make and their efforts to ensure full employment.
Tax evasion and tax fraud will be effectively suppressed.
All expenditures require a legal basis, a budget appropriation, and a decision by the financially competent authority.
Financial oversight is ensured by supervisory bodies whose independence is guaranteed.
The legislation regulates financial oversight over organizations and individuals who receive cantonal benefits.
The municipalities are public entities endowed with legal personality.
The Canton of Bern recognizes the following types of municipalities: a. municipal municipalities; b. bourgeois municipalities; c. mixed municipalities; d. parishes.
Sections and public-law municipal associations are, in principle, assimilated to municipalities. The law may subject other entities to municipal law.
The tasks assigned to municipalities by this Constitution are incumbent only upon municipal and mixed municipalities. They may also be undertaken by other municipalities to the extent allowed by cantonal law.
The existence, territory, and assets of municipalities are guaranteed.
The Executive Council approves the creation, dissolution, or modification of municipal territories, as well as mergers adopted by the concerned municipalities. If it refuses to grant its approval, the Grand Council decides.
The Grand Council may order the merger of municipalities against their will when predominant communal, regional, or cantonal interests require it. The municipalities concerned are heard beforehand.
The law governs the details, particularly the conditions and procedure to be followed to order a merger of municipalities against their will.
The canton encourages the mergers of municipalities.
Communal autonomy is guaranteed. Its extent is determined by cantonal law and federal law.
Cantonal law grants municipalities the greatest possible freedom of decision-making.
The canton promotes inter-municipal cooperation.
Municipalities may participate in municipal associations or other organizations in order to jointly undertake certain tasks. The law may require them to do so.
The law determines the necessary content of the statutes of inter-municipal organizations.
The participation rights of the electorate and the authorities of municipalities that are members of an inter-municipal organization shall be safeguarded.
The canton provides for special municipal law entities for the regional cooperation of municipalities on a binding basis.
Legislation determines the tasks and the perimeter of the entities; it regulates organizational and procedural matters.
The creation and dissolution of an entity require the majority of voters and that of the municipalities concerned.
The electorate expresses its will during regional votes. The right to vote belongs to persons domiciled within the perimeter of the entity who have the right to vote in cantonal matters.
The canton sets the broad outlines of municipal organization. It regulates the financial system of the municipalities and the cantonal supervision.
The municipalities are subject to the same liability as the canton unless the law provides otherwise.
The municipal communes perform the tasks assigned to them by the Confederation and the canton. They may undertake other tasks, as long as these do not fall exclusively within the jurisdiction of the Confederation, the canton, or other organizations.
The municipal communes levy taxes on income and wealth, on profit and capital, as well as on capital gains, based on the assessment of cantonal taxes. They determine the rate of these taxes.
They may levy other taxes as long as the law provides for it.
Financial equalization mitigates inequalities resulting from differences in contributory capacity between municipal communes and aims to balance the tax burden. In cases provided for by law, benefits related to financial equalization may be reduced or denied.
The right to vote belongs to any person who has the right to vote at the cantonal level and has resided in the municipality for at least three months.
The electorate elects the communal council and the communal parliament if the organizational regulations establish one.
Minorities shall be taken into consideration in the formation of the authorities.
The organizational regulation is mandatorily subject to a popular vote. The law determines the matters that must necessarily be regulated in the organizational regulation. The law may specify other matters that, due to their importance or fundamental nature, are subject to compulsory voting. Municipalities with a parliament may submit these matters to optional voting. The number of signatures required for a request for a popular vote shall not exceed five percent of the electorate.
One tenth of the electorate may submit an initiative demanding the adoption, modification, or repeal of a regulation or a decision that falls within the competence of the electorate or the communal parliament.
The organizational regulation may submit other subjects to the right of initiative and reduce the number of signatures required.
The initiative is presented to the electorate if it addresses a subject subject to mandatory voting or if the competent communal authority disapproves of it.
The municipal communes may form sections with the approval of the Executive Council and assign them certain permanent tasks.
The sections may take on other tasks of the municipal commune provided that it does not assume them itself.
The civic communes provide for the public good to the extent of their means.
They fulfill the tasks incumbent upon them by tradition.
A mixed commune is formed by the merger of the municipal commune with one or more civic communes existing within its territory.
It is subject to the same regulations as the municipal commune, whose tasks it carries out.
It administers the civic property in accordance with its intended purpose.
The Evangelical Reformed Church, the Roman Catholic Church, and the Christian Catholic Church are the national churches recognized by the canton.
They are public entities endowed with legal personality.
The national churches freely regulate their internal affairs within the limits of cantonal law.
They determine the voting rights of their members in ecclesiastical and parish matters.
They have a right to be consulted and to make proposals in cantonal and intercantonal matters that concern them.
The national Churches elect their authorities democratically.
They are organized into parishes.
They finance their expenses through contributions from their parishes and through cantonal provisions as stipulated by law.
The membership to a national Church is determined by the statutes of the Church.
Exiting the Church is possible at any time by written declaration.
Each parish is composed of persons domiciled in its territory who are members of the national Church to which it is affiliated.
Each parish elects its clergy.
Parishes have the right to levy a parish tax.
Jewish communities are recognized as public law entities. The law regulates the effects of this recognition.
Other religious communities may be recognized as public law entities. The law determines the conditions, procedure, and effects of such recognition.
The Constitution may be revised in whole or in part at any time.
The constitutional revision project is subject to two readings.
Constitutional revisions follow the procedure applicable to laws, insofar as the Constitution does not provide otherwise.
The request for partial revision aims to modify one constitutional provision or several intrinsically linked constitutional provisions.
The electorate decides on the initiation of the procedure for a total revision. It also decides whether the revision will be prepared by a constituent assembly or by the Grand Council.
If the preparation of the total revision is assigned to a constituent assembly, it is elected without delay. The provisions concerning the election of the members of the Grand Council apply, with the exception of those concerning incompatibilities and the term of office. The constituent assembly adopts its own rules of procedure.
Instead of an alternative draft as per Art. 63, the draft constitution may include variants on which the electorate will decide separately, either in advance or simultaneously.
If the electorate rejects the draft, the body responsible for the total revision drafts a second proposal. If this is also rejected by the electorate, the decree ordering the revision becomes void.
This Constitution shall come into force on January 1, 1995.
The new financial powers of the Executive Council according to Art. 89, para. 2, shall apply as soon as the present Constitution is accepted. Matters that the Executive Council has already submitted to the Grand Council shall be dealt with according to the former law.
The general renewal of the Executive Council will take place in 1994 according to the provisions of the present Constitution.
Art. 68, para. 2 shall not apply to the prefects who are simultaneously presidents of a court until the new legal provisions on judicial organization come into effect, but no later than the expiration of the ordinary term of office on December 31, 1998.
Art. 117 concerning the right of initiative in communal matters shall be applicable as soon as the relevant communal regulations are adapted, but no later than January 1, 1997.
The Constitution of the Canton of Bern of June 4, 1893, as well as the Constitutional Addendum concerning the Jura of March 1, 1970, and the Constitutional Basis for the Canton of Bern within its new boundaries of December 5, 1976, are repealed.
The provisions of the current law that are contrary to this Constitution are repealed.
Normative acts enacted by an authority that is no longer competent, or according to a procedure that is no longer authorized, remain provisionally in force. They may only be modified in accordance with this Constitution.
The election and term of office of the president of the Executive Council are governed by Art. 35 of the former Constitution until the entry into force of legal provisions.
Arts. 49 to 62 of the former Constitution on judicial authorities remain applicable until the entry into force of a new legal regulation, but no later than December 31, 1998.
The oath and the solemn promise remain governed by Art. 113 of the former Constitution until a legal regulation is enacted.
The new law required by this Constitution shall be enacted without delay.
The Grand Council shall establish a legislative program.
The former law remains applicable to initiatives submitted before January 1, 1995, and to requests for a popular vote on projects adopted before this date.
Any initiative requesting the partial revision of the former Constitution and submitted before the adoption of the present Constitution shall be transformed by the Grand Council into a draft revision of the latter.
Articles 105 to 108 of the former Constitution apply to the separation of the Laufon district from the Canton of Bern.
This provision comes into force as soon as the separation has been approved by the Confederation in a popular vote.