Constitution of the Canton of Lucerne, (2007) - Canton of Lucerne

The Canton of Lucerne is a liberal, democratic, and social legal state.

It is one of the cantons of the Swiss Confederation.

Law is the basis and the limit of State activity.

State activity must serve a public interest and be proportionate to the intended goal.

State bodies and individuals must act in accordance with the rules of good faith.

Every person is required to fulfill the duties incumbent upon them under the legal order.

Every person is responsible for themselves and assumes their share of responsibility towards the community to ensure the preservation of natural resources.

They contribute according to their abilities to the accomplishment of the tasks of the State and society.

The canton and the communes observe the principle of solidarity. They ensure equalization within society and between the different regions of the canton. Anyone claiming compensation on this basis must undertake all that can be reasonably expected of them to improve their situation.

The canton and the communes act according to the principle of subsidiarity. They take on tasks of public interest that individuals or entities are not able to fulfill. The canton assumes responsibility for tasks that exceed the capacity of the communes or require unified regulation.

The canton contributes to the formation of the Confederation's will and supports it in the execution of its tasks.

It defends its own interests with the Confederation.

It safeguards its freedom of action in the fulfillment of the tasks delegated to it by the Confederation.

It collaborates with the other cantons.

The cantonal territory is divided into municipalities.

It is divided into electoral districts.

Other divisions are established to ensure the decentralized execution of judicial and administrative tasks.

The official language is German.

The coat of arms of the canton is "party per pale azure and argent".

The capital of the canton is the city of Lucerne.

Human dignity must be respected and protected.

Fundamental rights are guaranteed within the limits of the Federal Constitution.

The canton and the municipalities undertake the responsibilities assigned to them by legislation, particularly in the following areas: a. public safety and order, b. economic development, c. education, d. health, e. social security, f. land use planning, g. transportation and infrastructure, h. environmental protection and energy, i. culture, j. sport.

The canton and the municipalities ensure, in the execution of their duties, the protection of the dignity, rights, and freedoms of individuals, as well as the maintenance of public order.

They ensure the protection of the family as the fundamental unit of society and its support, notably through the granting of financial benefits and extra-family child care, complementing individual commitment and private initiative.

They ensure the preservation of natural resources and the distribution of the benefits of economic development.

The canton and the municipalities fulfill their tasks effectively, with attention to cost management and ensuring local service delivery.

The canton fulfills its tasks in a decentralized manner insofar as they are suitable for it and as long as a rational management of financial resources allows it.

The canton and municipalities may delegate, within the limits of the law, the performance of certain tasks to individuals or public or private legal entities.

They may create public or private legal entities or participate in them.

The law establishes legal remedies and regulates oversight.

Tasks must regularly be subjected to a review with regard to their necessity, financial impact, effectiveness, cost-efficiency, and the ability of the executor to carry them out.

All Swiss citizens who have their political domicile in the canton of Lucerne and possess the right to vote in federal matters are entitled to vote in cantonal matters.

The right to vote grants the right to participate in elections and referendums, to sign initiatives and referendums, and, subject to specific eligibility conditions, to be elected.

Citizens who have the right to vote elect: a. the Grand Council, b. the Council of State, c. the Lucerne deputies to the National Council and the Council of States, d. the municipal council, e. the deputies to the municipal parliament, if such exists, f. the other authorities designated by legislation.

The Grand Council is elected by a proportional representation system.

The law shall determine at least five electoral districts. An equitable representation of all regions of the canton must be guaranteed.

Seats are allocated among the electoral districts in proportion to the number of inhabitants.

The State Council and the deputies to the Council of States are elected according to the majority system. In this case, the canton forms only one district.

5,000 citizens with the right to vote may request the initiation of a procedure for the total or partial revision of the Cantonal Constitution.

4,000 citizens with the right to vote may request the adoption, modification, or repeal of a law.

The deadline for the submission of signatures is one year from the official publication of the initiative.

The Grand Council recommends the acceptance or rejection of the initiative.

The initiative concerning the partial revision of the Cantonal Constitution and the legislative initiative are subject to the following principles

a. They can be submitted in the form of a proposal framed in general terms or as a drafted project.

b. They must adhere to the principle of unity of form and matter.

c. The Grand Council may oppose them with a counter-proposal.

The following are subject to referendum: a. resolutions concerning the total or partial revision of the Cantonal Constitution, b. laws and resolutions of the Grand Council authorizing expenditures, the amounts of which can be freely determined, for the implementation of projects exceeding 25 million francs; if they are recurring expenses, the total sum of each payment must be considered; if this cannot be determined, the annual expenditure multiplied by ten shall be considered, c. inter-cantonal agreements and other accords resulting in expenditures exceeding 25 million francs for the canton when these can be freely determined, d. projects subject to optional referendum, if the Grand Council so decides, e. initiatives that are rejected by the Grand Council, f. modifications of the cantonal territory, with the exception of boundary adjustments, g. other resolutions of the Grand Council, insofar as the law provides.

Subject to referendum are: a. laws, b. resolutions of the Grand Council authorizing expenditures with amounts that can be freely determined for projects ranging between 3 and 25 million francs; if these involve repeated expenditures, the total sum of each payment must be taken into account; if this cannot be determined, the annual expenditure multiplied by ten must be considered, c. intercantonal conventions and other agreements resulting in expenditures for the canton with amounts that can be freely determined but range between 3 and 25 million francs, or containing rules of law, d. mergers and divisions of municipalities decided by the Grand Council, e. other resolutions of the Grand Council, to the extent provided by law.

3,000 citizens with the right to vote or one quarter of the municipalities may request a popular vote.

The deadline for submitting signatures is 60 days from the official publication of the request.

Political parties participate in the formation of opinion and decision-making processes.

The canton and the municipalities may support them in this task.

Everyone has the right to express their position, within the framework of the consultation procedure, on a draft of the Constitution or cantonal law, or on any other project of general interest proposed by the cantonal authorities. Political parties, municipalities, and interested parties are invited to share their positions.

Every person who possesses the right of citizenship of a Lucerne municipality has the right of citizenship of the canton.

The law regulates naturalization.

The Grand Council, the State Council, and the Cantonal Court assume the tasks assigned to them by the Constitution and the law.

No authority exercises its prerogatives without restrictions and without oversight.

The authorities mutually assist each other and coordinate their activities.

Every citizen with the right to vote at the cantonal level is eligible for the Grand Council, the Council of State, and in the courts.

The law may set additional eligibility conditions for judicial magistrates.

The deputies to the Grand Council, the members of the Council of State, as well as the magistrates of the judiciary, are elected for four years. The elections of the deputies to the Grand Council and the members of the Council of State take place simultaneously.

Every member of the Grand Council, every member of the Council of State, and every magistrate of the judiciary must take an oath or make a solemn promise before assuming office.

Anyone who does not take the oath or does not make a solemn promise is deemed to have renounced their position.

The positions of member of the Grand Council, the Council of State, and the Cantonal Court are incompatible.

The law determines other roles within the cantonal public administration and the judiciary that are incompatible with these positions.

It establishes other incompatibilities.

Anyone who exercises their right to speak within the Grand Council and in its dependent commissions cannot be prosecuted for the statements they have made.

The authorities shall inform the public in a timely manner about their objectives and activities.

The Grand Council is the legislative authority of the canton and exercises high supervision.

It is composed of 120 deputies.

The newly elected deputies convene in a constitutive assembly before the end of the month of June.

The Grand Council meets regularly to hold its sessions.

A quarter of the deputies may request the holding of an extraordinary session.

The sessions of the Grand Council are public. Confidentiality may be ordered for important reasons.

The president of the Grand Council directs the sessions.

The Grand Council may validly deliberate if the majority of deputies are present.

Constitutional amendments and laws must undergo a double deliberation.

The Grand Council makes its decisions by the majority of valid votes cast. The law may establish a different method of calculation for certain matters.

Deputies of the Grand Council deliberate and vote without instructions.

They spontaneously declare if they are bound in any way by particular interests.

The Grand Council establishes committees within itself.

The committees conduct preparatory deliberations, carry out investigations, submit reports to the Grand Council, and present proposals. For this purpose, they possess the procedural and investigative rights provided by law.

The committees meet in closed sessions. They can allow for exceptions.

The deputies of the Grand Council may form groups.

The groups must be composed of a minimum of five deputies of the Grand Council.

The Grand Council may request the Council of State to prepare matters whose execution falls within its competence.

Matters developed by the Grand Council must be submitted to the Council of State for its position.

The Grand Council elects: a. from among the deputies, a president and a vice-president for one year, b. its committees, c. the president and the vice-president of the Council of State for one year, d. on the proposal of the Council of State, the State Chancellor for four years, e. the magistrates of the judicial order and, for two years, the president of the Cantonal Court. The law may assign it other powers regarding elections. The Grand Council ensures, within the framework of these elections, that all political parties are represented fairly.

The Grand Council enacts important legal rules in the form of a law.

By important legal rules, this refers in particular to the provisions for which the cantonal Constitution expressly provides for the adoption of a law, as well as the essential provisions concerning

a. the legal status of individuals, particularly in the exercise of political rights,

b. the organization of authorities and procedure,

c. the tasks assigned to the canton as well as the objective, modalities, and scope of its services,

d. the subject of taxes, the calculation of their amount, and the status of taxpayer, except for minor taxes.

The law may delegate the power to enact legal rules to the Council of State, the Cantonal Court, or other persons and bodies entrusted with carrying out public tasks, provided such delegation is not excluded by the cantonal Constitution.

The Grand Council may enact ordinances related to organization and personnel to the extent provided for by law.

The Grand Council establishes the guidelines for planning.

The Grand Council determines on: a. the amount of the budget and the annual tax rate, b. the expenditures that exceed the competencies of the Council of State, c. the approval of the annual accounts and other financial statements to the extent that the law provides.

The Grand Council approves inter-cantonal conventions and other agreements with normative content insofar as their conclusion does not fall under the exclusive competence of the Council of State.

The Council of State consults the Grand Council's committees during negotiations concerning the conclusion of agreements that require approval.

The Grand Council: a. exercises the right of optional referendum and cantonal initiative with the Confederation, b. adjudicates on disputes of competence between the Grand Council, the Council of State, and the Cantonal Court, c. grants amnesty and pardon, d. reviews petitions, e. determines the validity of popular initiatives, f. examines other matters that the law assigns to it.

The Grand Council exercises high supervision over the Council of State, the administration, and persons and entities vested with state competencies, as well as over the management of the Cantonal Court.

It undertakes, in particular, the examination of activity reports.

The Council of State is the supreme governing and executive authority of the canton.

It is composed of five members.

The president of the Council presides over it.

The members of the Council of State assume office on July 1st following the elections for its complete renewal.

The Council of State makes its decisions and defends them as a collegial authority.

The Council of State prepares the affairs of the Grand Council insofar as the latter does not develop them itself.

Members of the Council of State participate in the deliberations of the Grand Council and its committees in an advisory capacity; they may present proposals. The law may provide exceptions to participation in the sessions.

The State Chancellor ensures coordination between the Council of State and the Grand Council and directs the State Chancellery.

The State Council: a. plans and coordinates the objectives and means necessary for the fulfillment of cantonal tasks, b. represents the canton both internally and externally, c. ensures the maintenance of relations with authorities within and outside the canton.

The State Council issues executive ordinances and, insofar as the law grants it the power, other ordinances.

In emergency cases, it may issue ordinances introducing higher law. These ordinances must be integrated into regular law within two years.

It may issue the necessary ordinances to address exceptional situations such as serious and imminent disturbances endangering public safety or social unrest. These ordinances must be repealed no later than two years after their entry into force.

The State Council directs the cantonal administration and defines its tasks.

The members of the State Council each manage a department.

The State Council prepares the budget and prepares the annual accounts as well as other financial statements.

It decides: a. on one-time expenditures whose amount can be freely set up to the limit specified in the law, b. on committed expenditures that have not been included in the budget, c. on the valuation of assets dependent on public property, d. on the mobilization of funds necessary for financing.

The Council of State conducts negotiations regarding inter-cantonal conventions and other agreements.

It concludes agreements subject to the right of approval by the Grand Council.

It has exclusive competence: a. within the scope of its financial and legislative responsibilities, b. when the law or a duly ratified agreement confers such power upon it.

The Council of State: a. ensures the implementation of legislation and decisions of the Grand Council, as well as the implementation and execution of decisions that have come into force, b. makes decisions on appeals, to the extent provided by law, c. takes measures to ensure public order and safety, d. reports on the activities of the cantonal administration, e. intervenes with the Confederation insofar as the Grand Council is not competent, f. manages other matters assigned to it by the legal order.

The canton guarantees independent, impartial, and reliable justice. Where the nature of the case permits, mediation must be offered and amicable settlement encouraged.

The courts address disputes in civil, criminal, and administrative matters.

The law regulates the organization, jurisdiction, and procedure, and designates other judicial authorities.

Intercantonal judicial authorities may be established.

The Cantonal Court is the supreme judicial authority of the canton.

Its chambers handle cases assigned to them.

The law determines its powers regarding appointment and regulation.

The law establishes courts of first instance in civil and criminal matters and designates the first instance judicial authorities in administrative matters.

It determines the judicial powers of the prosecuting authorities and the criminal jurisdiction of the administrative authorities of the canton and the municipalities.

The Cantonal Court directs the judicial administration.

It submits its proposals to the Grand Council and the Council of State and represents all judicial authorities subordinate to it.

It reports to the Grand Council.

The Cantonal Court exercises supervision over the other courts and the judicial authorities subordinate to it.

The law may establish other supervisory bodies.

The law may establish an ombudsman. They intervene in conflicts between individuals and authorities.

Municipalities are territorial entities under public law to which cantonal legislation grants legislative and decision-making competencies.

The autonomy of municipalities is guaranteed. The legislation determines its extent and ensures them as much freedom of action as possible.

The municipalities fulfill their own tasks and those assigned to them by the canton.

The municipalities adopt a democratic organization whose principles are established in a municipal regulation.

The bodies of the municipalities include, in particular, the citizens entitled to vote and the municipal council. The municipalities may establish a parliament.

The municipalities may collaborate with each other. The participation rights of citizens entitled to vote must be guaranteed.

The law may require municipalities to collaborate if the fulfillment of a task necessitates it.

The canton facilitates collaboration with municipalities of neighboring cantons.

The canton and the municipalities shall consult each other in their activities. The canton shall assist the municipalities to enable them to increase their efficiency and profitability. In particular, it shall promote collaboration among them and may encourage territorial reforms.

Municipalities ensure effective control and management in the performance of their tasks and in their organization.

The canton designates the authorities that supervise the municipalities while ensuring respect for their autonomy. The law regulates the supervision measures.

Municipal decrees are subject to the approval of the canton to the extent provided by law. Unless the law provides otherwise, the review of the decrees is limited to their conformity with the law.

Citizens with the right to vote determine modifications to the number and territory of municipalities.

Mergers and divisions of municipalities are subject to the approval of the Grand Council, while modifications to municipal boundaries require the approval of the Council of State.

At the request of an interested municipality, the Grand Council may decide on the merger or division of municipalities, provided they are economically justified for the efficient fulfillment of a task. The interested municipalities must be heard. The decision is subject to an optional referendum.

Modifications to the number or territory that result in a change of canton require the approval of the citizens of the affected municipalities and the canton.

Corporations are public law entities under cantonal law. The law regulates the details.

The canton and the municipalities shall use public resources in accordance with the principles of profitability and efficiency.

The law shall provide the necessary measures to ensure that the budgets of the canton and the municipalities are balanced and any deficits are amortized within a reasonable period.

The budgets of the canton and the municipalities must be subject to review by independent experts.

The canton and the municipalities establish their resources notably: a. through the collection of taxes and other contributions, b. through funding allocated by the Confederation and by third parties, c. through investments and the income from them, d. through loans and borrowings.

The canton ensures a fair balancing of the financial capacity of the municipalities.

It strengthens their financial autonomy by particularly providing them with sufficient sources of funding.

The Roman Catholic Church, the Evangelical Reformed Church, and the Christian Catholic Church are corporations under public law.

The Grand Council may recognize other religious communities as corporations under public law. The law regulates the conditions and the procedure.

Public law corporations are autonomous. They regulate the voting rights and eligibility of their members as well as the principles of their organization in a document that is subject to the approval of their voting-rights-eligible members.

The document may provide for a territorial distribution of the public law corporations.

Corporations are authorized to levy taxes on their members and legal entities.

The revenue from taxes levied on legal entities must be allocated to social and cultural activities.

The law regulates the details.

The cantonal Constitution can be revised at any time, either wholly or partially.

A partial revision may concern a provision or several provisions relating to the same subject matter.

The Constitution of the Canton of Lucerne dated January 29, 1875, is repealed.

Legislative acts enacted by an authority that is no longer competent or within the framework of a procedure whose regulation has been amended remain in force. Their modification is governed by the new law.

Members of the authorities remain in office until the expiration of their mandate and continue to be subject to the old law.

Sections 73, 77, and 86 bis of the Constitution of 1875 remain applicable until the new legal regulation of the supreme judicial authority according to Sections 63, 65, and 66. Other provisions of this Constitution related to the courts apply by analogy to the Higher Court and the Administrative Court.

Until the entry into force of a new legal regulation, the city of Lucerne, the other municipalities of the district of Lucerne, the municipalities of the district of Hochdorf, those of the district of Sursee, those of the district of Willisau, and those of the district of Entlebuch respectively form an electoral district according to the old law.

The old law applies to initiatives and referendums for which the deadline for collecting signatures is currently running or for which the popular vote is open at the time of entry into force of this Constitution.

Sections 17, 45, para. 3, 75, para. 1, 85, 91, and 92 of the Constitution of 1875 remain applicable until the entry into force of a legal regulation.

The next elections for the new deputies to the communal councils and to the communal parliaments, as well as for the district courts, will be held in 2008.

The next elections for the new deputies to the Grand Council, the new members of the Council of State, as well as for the new Lucerne deputies to the Council of States, will be held in 2011.

The election of deputies to the Council of States will take place simultaneously with that of the new deputies to the National Council.

Citizens with the right to vote or, if existing, the communal parliament are competent to request a referendum on behalf of the municipality, to the extent that the communal regulation does not designate another body.

Revisions of the 1875 Constitution that have occurred after the adoption of the present Constitution by the Grand Council shall be formally incorporated into the latter. The decisions of the Grand Council regarding this formal incorporation shall not be subject to a referendum.

This Constitution shall enter into force on January 1, 2008.