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Constitution of the Canton of Fribourg (2004)
Table of Provisions (154)
Statutory Text (154 Articles)
The Canton of Fribourg is a liberal, democratic, and social rule of law state. It is one of the cantons of the Swiss Confederation.
The canton comprises the territory guaranteed to it by the Confederation.
Its capital is the city of Fribourg, Freiburg in German.
Its coat of arms is: "Per fess sable and argent."
The purposes of the State are: a. the promotion of the common good; b. the protection of the population; c. the recognition and support of families as fundamental communities of society; d. justice; e. social security; f. cantonal cohesion respecting cultural diversity; g. environmental protection; h. sustainable development.
The State pursues these objectives with respect for human freedom and responsibility and the principle of subsidiarity.
All activity of the State is based on law, serves a public interest, and is proportionate to the intended aim.
The Canton of Fribourg collaborates with the Confederation and the other cantons as well as with regional, national, and international organizations.
It promotes intercantonal and interregional collaboration.
French and German are the official languages of the Canton.
Their use is regulated in respect of the principle of territoriality: the State and the municipalities ensure the traditional territorial distribution of languages and take into account the indigenous linguistic minorities.
The official language of the municipalities is French or German. In municipalities with a significant indigenous linguistic minority, both French and German can be official languages.
The State promotes understanding, good relations, and exchanges between the cantonal linguistic communities. It encourages bilingualism.
The Canton promotes relations between the national linguistic communities.
Every person is required to fulfill the duties imposed on them by the Constitution and the legislation.
They shall assume their share of responsibility towards themselves, others, the community, and future generations.
Public authorities intervene in support of the individual as a complement to their own capabilities.
Human dignity is inviolable.
All human beings are equal before the law. No one shall suffer discrimination.
Women and men are equal in rights. They are entitled, in particular, to equal pay for work of equal value. The State and the municipalities ensure equality in law and in fact, especially in the areas of family, education, work, and, to the extent possible, access to public office.
The State and the municipalities take measures to compensate for the inequalities affecting persons with disabilities and to promote their autonomy and their economic and social integration.
Every person has the right to be treated by state authorities without arbitrariness and in accordance with the principles of good faith.
Every human being has the right to life.
Every person has the right to personal freedom, particularly to physical and mental integrity and freedom of movement.
Everyone has the right to respect for his or her private and family life, home, correspondence, and telecommunications.
He or she has the right to protection against the misuse of data concerning him or her.
The right to marriage and family is guaranteed.
The freedom to choose a form of cohabitation other than marriage is recognized.
The right to register a partnership for same-sex couples is guaranteed.
Freedom of conscience and belief is guaranteed. Every person has the right to freely choose their religion and to form philosophical convictions, as well as to profess them individually or in community. Every person has the right to join a religious community, to belong to it or to leave it, and to receive religious education. Any coercion, abuse of power, and manipulation are prohibited.
The freedom to choose one's domicile and place of residence is guaranteed.
Freedom of language is guaranteed.
Anyone addressing an authority with jurisdiction extending throughout the entire canton may do so in the official language of their choice.
The right to sufficient and free basic education is guaranteed.
Freedom of opinion and freedom of information are guaranteed.
The right to information is guaranteed. Everyone has the right to access official documents provided that no overriding public or private interest opposes it.
The freedom of the media and the confidentiality of editorial sources are guaranteed.
Censorship is prohibited.
The freedom of art is guaranteed.
Freedom of education and scientific research is guaranteed. Scientists assume their responsibility towards human beings, animals, plants, and their vital foundations.
Every person has the right to create an association, to be a member of it, and to participate in its activities. No one can be compelled to do so.
Every person has the right to organize or participate in a meeting or demonstration. No one can be compelled to do so.
The law may require authorization for meetings and demonstrations organized on public property.
Meetings and demonstrations must be authorized if they do not cause disproportionate harm to the interests of other users and if an orderly conduct is ensured.
The right to petition is guaranteed. The authority addressed provides a reasoned response.
Economic freedom is guaranteed.
It particularly includes the free choice of profession, free access to a private lucrative economic activity, and its free exercise.
Workers, employers, and their organizations have the right to unionize for the defense of their interests, to create associations, and to join or not join them.
Conflicts are, as much as possible, resolved through negotiation or mediation.
Strikes and collective layoffs are lawful when they pertain to labor relations and are in accordance with the obligations to preserve labor peace or resort to conciliation.
The law may prohibit certain categories of persons from resorting to strikes.
Property is guaranteed.
Full compensation is due in the event of expropriation or restriction of property that amounts to expropriation.
The parties have the right to have their case handled fairly and judged within a reasonable time.
They have the right to be heard.
Decisions must be provided in written form with justifications. The law regulates exceptions.
Anyone who lacks sufficient resources has the right to free legal assistance, unless their case appears to lack any chance of success. Furthermore, they have the right to free assistance from a legal defender, as far as the protection of their rights requires it.
The special situation of children, youths, and young adults must be taken into consideration.
Every person has the right to have their case judged by a judicial authority. The law may exclude access to a judge in exceptional cases.
Every person whose case is to be judged in a judicial proceeding has the right for it to be brought before a court established by law, which is competent, independent, and impartial. Extraordinary courts are prohibited.
The hearings and the delivery of the judgment are public. The law may provide for exceptions.
Every person is presumed innocent until they have been subject to a conviction that has taken legal effect.
Every accused person has the right to be informed, as promptly and in as much detail as possible, of the charges against them. They must have the opportunity to exercise their rights of defense.
Every convicted person has the right to appeal the judgment to a higher court.
Every woman is entitled to benefits that ensure her material security before and after childbirth.
Maternity insurance covers the loss of income.
Mothers without gainful employment receive benefits at least equivalent to the basic amount of the minimum subsistence level; those engaged in part-time gainful employment are entitled to a proportional amount.
Adoption and birth are treated equally if the adopted child is not the spouse's child and if the child's age or situation justifies it.
Children and young people have the right, supplementary to the role of the family, to be assisted, encouraged, and guided in their development in order to become responsible individuals.
They have the right to special protection of their physical and psychological integrity, including within their family.
To the extent that they are capable of discernment, they exercise their rights themselves.
Elderly persons have the right to participation, autonomy, quality of life, and respect for their personality.
Every person in need has the right to be adequately housed, to receive essential medical care, and other necessary means to maintain their dignity.
Every person in distress because they are a victim of a serious offense, a natural disaster, or similar events is entitled to appropriate support.
Children and young people who are victims of offenses have the right to special assistance.
The authorities shall ensure that fundamental and social rights, insofar as they are applicable, are also upheld in relations between private individuals.
Any restriction of a fundamental or social right must be based on a legal foundation. Severe restrictions must be provided for by law. Cases of serious, direct, and imminent danger are reserved.
Any restriction of a fundamental or social right must be justified by a public interest or by the protection of a fundamental or social right of others.
Any restriction of a fundamental or social right must be proportionate to the intended purpose.
The core of fundamental and social rights is inviolable.
The right to vote and to elect at the cantonal level is granted, if they are of legal age: a. to Swiss citizens domiciled in the canton; b. to Swiss citizens residing abroad who have cantonal citizenship or have been domiciled in the canton.
The law regulates the exclusion from the right to vote and to elect.
The people elect the members of the Grand Council, the members of the Council of State, the prefects, and the members of the Council of States from Fribourg.
The members of the Council of States are elected from among the residents of the canton who possess active citizenship at the cantonal level, according to the majority system, at the same time and for the same duration as those of the National Council.
The election of the members of the National Council is governed by federal law.
A popular initiative may have as its object: a. the partial or total revision of the Constitution; b. the adoption, modification, or repeal of a law.
The popular initiative may take the form of a fully drafted proposal or be conceived in general terms.
It must be supported by 6,000 active citizens. The deadline for collecting signatures is 90 days.
The Grand Council invalidates popular initiatives in whole or in part if they violate higher law, do not respect unity of form or subject matter, or are impracticable.
The popular initiative must be addressed by the Grand Council and submitted to the people without delay, if necessary, alongside a counter-proposal from the Grand Council.
The following are mandatorily submitted to a popular vote: a. partial or total revision of the Constitution; b. acts of the Grand Council that result in a new net expenditure exceeding 1% of the total expenditures of the most recent accounts approved by the Grand Council.
6,000 active citizens can request a popular vote on: a. the laws; b. the acts of the Grand Council which result in a new net expenditure exceeding 0.25% of the total expenditures of the latest accounts approved by the Grand Council, or which pertain to study credits of regional or cantonal importance.
The signatures must be collected within a period of 90 days.
300 active citizens can submit a motion to the Grand Council.
The Grand Council processes it as though it were a motion from one of its members.
The following persons have the right to vote and to elect in municipal matters, provided they are of legal age: a. Swiss women and men domiciled in the municipality; b. foreign women and men domiciled in the municipality who have been domiciled in the canton for at least five years and hold a residence permit.
The law governs the exclusion from the right to vote and to elect.
Active citizens elect the members of the municipal council and, if applicable, those of the general council.
In municipalities without a general council, active citizens exercise their political rights within the municipal assembly. In municipalities that have a general council, active citizens have the right of initiative and referendum.
Active citizens of the member municipalities of an association have the right of initiative and referendum. The law determines the subject of a mandatory financial referendum.
The associations and member municipalities consult and inform the population.
State activity is governed by the principles of subsidiarity, transparency, and solidarity.
To fulfill their responsibilities, the State and the municipalities provide high-quality and locally accessible public services.
The law assigns tasks to the public entity best suited to accomplish them.
The State and the municipalities may delegate tasks to third parties, provided that the delegation is stipulated in a law or municipal regulation, justified by an overriding public interest, and that legal protection is ensured.
The entities and individuals concerned are subject to the oversight of the delegating authority.
The State and the municipalities may participate in enterprises or create them.
The State and the municipalities take measures to prevent situations of precariousness and establish social assistance.
They take measures to mitigate the consequences of unemployment, prevent social or professional exclusion, and promote reintegration.
The State and the municipalities ensure that every person can find housing appropriate to their situation. The State promotes housing assistance, the construction of housing, and access to home ownership.
The State creates framework conditions that promote full employment, the diversity of activities, and the balance of regions, in compliance with the principle of economic freedom.
It encourages innovation and the creation of businesses.
The State and the municipalities may create monopolies when required by the public interest. Cantonal prerogatives are reserved.
The State and the municipalities protect and support families in their diversity.
The State develops a comprehensive family policy. It creates framework conditions that allow for the reconciliation of professional and family life.
Legislation must respect the interests of families.
The State shall establish a system of benefits in favor of each child.
It grants additional benefits for young children of families whose financial means are insufficient.
In collaboration with municipalities and individuals, the State organizes childcare from early infancy until entry into compulsory schooling and may set up extracurricular care. These services must be financially accessible to all.
The State and the municipalities promote the social and political integration of young people.
The State and the municipalities promote understanding and solidarity between generations.
The State and the municipalities pay particular attention to vulnerable or dependent persons. Their harmonious development must be supported and their social integration encouraged.
The State and the municipalities provide a compulsory and free basic education accessible to all children, taking into account the abilities of each one.
The school ensures the education of children in collaboration with the parents and assists them in their educational task. It promotes the personal development and social integration of the children and instills in them a sense of responsibility towards themselves, others, society, and the environment.
The first foreign language taught is the other official language.
The education respects religious and political neutrality. Recognized Churches and religious communities have the right to organize religious education within the framework of compulsory schooling.
The State ensures secondary higher education, both gymnasial and professional. These education programs are accessible to everyone based on their abilities, regardless of their financial capacity.
It ensures education within the University and specialized higher education institutions.
It encourages scientific research.
It grants financial aid to individuals in education whose resources are limited.
The State and the municipalities encourage adult education.
The State may support private schools whose utility is recognized.
It exercises supervision over those that provide basic education and those it supports.
The State is committed to promoting health and ensures that every person has access to care of equal quality.
It guarantees access to urgent care 24 hours a day, 7 days a week, in all regions of the canton.
It takes measures aimed at protecting the population from passive smoke.
The State and the municipalities shall take measures to welcome and integrate foreign nationals, in the mutual recognition of identities and the respect of the fundamental values of the rule of law.
The State and the municipalities shall facilitate the naturalization of foreign nationals. The law shall provide for a right of appeal against refusals of naturalization.
For the granting of citizenship, they shall only levy an administrative fee.
The State encourages humanitarian aid, development cooperation, and fair trade. It promotes exchanges between peoples.
The State and the municipalities shall ensure the protection of the natural environment and combat all forms of pollution or nuisance.
They shall promote the use and development of renewable energies.
The State and the municipalities shall ensure a wise and measured use of land and a rational occupation of the territory.
The State and the municipalities preserve nature and cultural heritage and protect the diversity of fauna and flora as well as their habitats.
They organize the territory in a manner that safeguards natural or built sites.
They promote the knowledge of nature and cultural heritage, notably through education, research, and information.
In collaboration with the Confederation, the State encourages and supports agriculture and forestry in their protective, ecological, economic, and social functions.
The State and the municipalities shall take the necessary measures to prevent and manage disasters and emergency situations.
The State and the municipalities ensure the maintenance of public security and order, while respecting fundamental rights.
The State holds the monopoly on public force.
The State and the municipalities guarantee the supply of water and energy.
The State conducts a coordinated policy of transportation and communications, taking into account remote regions.
It pays particular attention to safety.
It promotes public transportation and non-motorized traffic.
The State and the municipalities encourage and support cultural life in its diversity as well as artistic creation.
They promote cooperation and cultural exchanges between the regions of the canton and with the outside.
The State and the municipalities promote leisure activities that contribute to personal balance and development. They encourage the practice of sports and recreational opportunities.
The State and the municipalities levy the taxes and other contributions necessary for the execution of their tasks.
They take into account the principles of legality, universality, equality, and economic capacity.
They combat tax fraud and evasion.
The State and the municipalities manage public finances economically. They periodically verify that the tasks they perform and the subsidies they grant remain effective, necessary, and financially sustainable.
The State balances its operating budget.
However, it takes into account the economic situation and any exceptional financial needs.
Deficits resulting from these situations must be offset in the following years.
Every person may consult the budget and accounts of public bodies and their establishments as well as the accounts of other state institutions.
The oversight of state and municipal finances is carried out by a body whose independence is guaranteed.
The authorities are organized according to the principle of the separation of powers.
Individuals who are domiciled in the canton and possess active cantonal citizenship may be members of the authorities. The law may allow access to judicial functions to foreign nationals who have been domiciled in the canton for at least five years and hold a permanent residence permit.
The following positions are incompatible: a. member of the Grand Council; b. member of the Council of State; c. professional judge. Members of the Council of State and the prefects cannot be members of the Federal Assembly. However, holding a federal mandate concurrently is possible until the end of the current cantonal term. Members of the Council of State may not engage in any ancillary gainful activity or any other activity incompatible with their position. The law may provide for other incompatibilities.
The authorities inform the public about their activity.
The members of the Grand Council and the Council of State, as well as the prefects, disclose all particular connections they have with private or public interests.
Members of the Grand Council and the Council of State cannot, in principle, be prosecuted for the statements they make in Parliament and before its bodies.
The law outlines the conditions for the waiver of immunity.
Public entities are liable for the damage unlawfully caused by their agents in the performance of public duties.
The law sets out the conditions of liability for lawful acts.
The legislative acts of the Grand Council take the form of a law or a parliamentary ordinance; other acts take the form of a decree subject to referendum or a simple decree.
The legislative acts of other authorities take the form of an ordinance or a regulation.
An act of the Grand Council whose entry into force cannot be delayed may be declared urgent and put into effect immediately by a decision taken by a majority of its members. Its period of validity must be limited.
When such an act is mandatorily subject to a referendum or if a referendum is requested, it ceases to have effect one year after its adoption by the Grand Council if it has not been accepted by the people within this period.
Legislative powers may be delegated, unless higher law prohibits it. The delegation norm must be sufficiently precise.
However, important legal rules must be enacted in the form of a law.
The Grand Council may veto the acts of the delegating authority.
The Grand Council is the supreme authority of the canton, subject to the rights of the people.
The Grand Council is composed of 110 deputies.
The members of the Grand Council are elected by the people for a term of five years according to the proportional system.
The law defines a maximum of eight electoral districts. It ensures fair representation of the regions of the canton.
The Grand Council meets: a. regularly in ordinary session; b. at the request of one-fifth of its members; c. at the request of the Council of State.
Plenary sessions are public. The law regulates the exceptions.
Members of the Grand Council vote without instructions.
The Grand Council can only validly deliberate if the majority of its members are present.
The Grand Council has its own secretariat, headed by the Secretary General. It may call upon the services of the administration.
By mandate, the Grand Council may bring the Council of State to take measures in a domain falling under the latter's competence.
The president of the Grand Council may at any time consult the Council of State's files on matters concerning the Grand Council.
The Secretariat, in collaboration with the State Chancellery, ensures the relations between the Grand Council and the Council of State.
The Grand Council exercises the legislative power.
It may propose the revision of the Constitution.
A quarter of the deputies may request a financial referendum (Art. 46, para. 1, let. b). The law sets the deadline for submitting such a request.
The Grand Council approves the adhesion of the canton to inter-cantonal and international treaties.
It may delegate this authority to the Council of State for treaties that can be terminated in the short term or that are of lesser importance.
It may invite the Council of State to initiate negotiations for the conclusion of a treaty or to denounce an existing treaty.
The Grand Council reviews the legislative program and the financial plan of the Council of State.
The Grand Council adopts the budget and the annual accounts of the State.
It sets the cantonal taxes as well as the conditions and limits of new indebtedness.
The Grand Council elects: a. the president and the vice-presidents of the Grand Council; b. the president of the Council of State; c. the president of the Cantonal Court; d. the members of the Judiciary Council; e. the members of the judiciary and the Public Prosecutor's Office, upon the recommendation of the Judiciary Council; f. the secretary general of the Grand Council; g. the members of its commissions.
The law may assign other electoral competencies to the Grand Council.
The Grand Council exercises supreme oversight over: a. the Council of State and the administration; b. the judiciary; c. the delegates of public tasks.
The Grand Council: a. decides on the validity of popular initiatives; b. resolves jurisdictional disputes between the higher authorities of the canton; c. grants amnesty and pardon; d. grants cantonal citizenship; e. exercises the participatory rights conferred on the cantons by federal law; f. performs all other tasks that, pursuant to the Constitution or the law, fall within its responsibilities or do not fall under the jurisdiction of another authority.
The Council of State is composed of seven members.
It is elected by the people, according to the majority system, at the same time as the Grand Council. The electoral district is the canton.
The members of the Council of State are elected for five years and may not serve for more than three complete terms.
The President of the Council of State is elected by the Grand Council for one year. He or she is not immediately eligible for re-election.
The Council of State has its own secretariat, led by the Chancellor of State.
The Council of State informs the Grand Council annually about its activities and the status of the implementation of the legislative program. It does so as well whenever the Grand Council requests it.
The members of the Council of State are accountable to the Grand Council for their management and the acts of persons under their supervision.
The State Chancellery, in collaboration with the Secretariat of the Grand Council, ensures the relations between the Council of State and the Grand Council.
The Council of State exercises executive power, directs the administration, and conducts the policy of the canton.
The Council of State prepares legislative drafts for the attention of the Grand Council. It enacts legal rules when the Constitution or the law authorizes it to do so, as well as the implementing provisions of cantonal or federal laws, insofar as these do not have to be enacted in the form of a law.
The Council of State presents the legislative program and the financial plan to the Grand Council.
The Council of State submits the budget and the annual accounts of the State to the Grand Council.
It decides on expenditures as well as acquisitions and alienations of public property within the limits set by law.
The Council of State represents the canton.
It negotiates and signs intercantonal and international treaties, subject to the rights of the Grand Council. It regularly informs the latter of ongoing negotiations.
It responds to federal consultations.
The Council of State exercises supervision over the municipalities.
The Council of State makes appointments that are not reserved for another authority.
The Council of State shall take the necessary measures to avert serious, direct, and imminent dangers. These measures shall cease to have effect once the danger has disappeared or in the absence of approval by the Grand Council within a year.
The Council of State organizes the administration in an appropriate manner.
It ensures that it is efficient and provides a local service.
The Council of State establishes an independent mediation body in administrative matters.
Justice is administered by the authorities to which the Constitution and the law assign this task.
The law may provide for methods of extrajudicial dispute resolution.
The Grand Council grants the judiciary the necessary means to ensure the speed and quality of justice.
The independence of the judiciary is guaranteed.
Members of the judiciary and the Public Prosecutor's Office are elected for an indefinite term. They may only be removed by the electing authority in cases provided for by law.
The authorities of civil, criminal, and administrative jurisdictions do not apply provisions that are contrary to superior law.
The civil jurisdiction is exercised by: a. the justices of the peace and the peace judges; b. the civil courts and their presidents; c. the Cantonal Court.
The criminal jurisdiction is exercised by: a. the prefects; b. the investigating judges; c. the criminal courts and their presidents; d. the Economic Criminal Court; e. the Juvenile Criminal Chamber and its presidents; f. the Cantonal Court.
The Cantonal Court is the ordinary authority of administrative jurisdiction.
The law may establish special judicial authorities.
The Cantonal Court is the highest authority in civil, criminal, and administrative matters.
It adjudicates in the final cantonal instance administrative disputes that the law does not assign to the definitive competence of another authority.
The President of the Cantonal Court is elected by the Grand Council for a term of one year. He or she is not immediately eligible for re-election.
The Judicial Council is an independent authority overseeing the judiciary. It provides its advisory opinion during judicial elections.
The Judicial Council comprises: a. one member of the Grand Council; b. one member of the Council of State; c. one member of the Cantonal Court; d. one member of the Fribourg Bar Association; e. a full professor from the Faculty of Law of the University; f. one member of the Public Prosecutor's Office; g. one member of the first instance judicial authorities; h. two other members.
The members of the Judicial Council are elected by the Grand Council. The first seven are elected upon the proposal of the authority or group of persons to which they belong, the other two, upon the proposal of the Judicial Council.
They are elected for five years and cannot serve on the Council for more than two consecutive terms.
The Judicial Council is responsible for the administrative and disciplinary supervision of the judiciary and the Public Prosecutor's Office.
It may delegate the administrative supervision of the first-instance judicial authorities to the Cantonal Court.
It informs the Grand Council annually about its activities. It does the same whenever this authority requests it.
The Judicial Council provides a recommendation to the State Council regarding candidates for positions within the judiciary and the Public Prosecutor's Office, based on the education, professional experience, and personal qualities of the candidates.
The municipalities are public entities endowed with legal personality.
Municipal autonomy is guaranteed within the limits of cantonal law. It may be invoked by associations of municipalities within their area of competence.
The municipalities perform the tasks assigned to them by the Constitution and the law. They ensure the well-being of the population, provide a sustainable quality of life, and have accessible local services.
All persons with active citizenship at the municipal level may be members of the authorities.
Each municipality has a municipal assembly or a general council as well as a municipal council.
Articles 85, 88, paragraph 1, and 90 apply by analogy to the municipalities.
The municipalities have autonomy in setting and collecting municipal taxes and levies within the limits of the legislation.
They establish a financial plan.
The State takes measures to mitigate the effects of disparities between the municipalities; it notably establishes a financial equalization mechanism.
The State encourages intercommunal collaboration.
The communes may associate for the accomplishment of one or several tasks. They must adhere to all the purposes of the association.
The State may require communes to join an association or to establish one.
The communes may create regional administrative structures.
The State encourages and promotes the mergers of municipalities.
A merger may be proposed by municipal authorities, by a popular initiative, or by the State.
The active citizens of the municipalities concerned vote on the merger. Paragraph 4 is reserved.
When the communal, regional, or cantonal interests so require, the State may order a merger. The municipalities concerned must be heard.
The cantonal territory is divided into administrative districts.
A prefect elected by the people is placed at the head of each district. He performs the tasks assigned to him by law.
The State and the municipalities may, for reasons of public interest, support civil society organizations. They may also consult them.
They ensure, particularly among children and youth, the promotion of civics and citizenship.
The State and the communes recognize the importance of associative life; they may grant support to associations and delegate tasks to them.
They encourage volunteer work.
Political parties contribute significantly to the functioning of democracy; the State and the municipalities may support them financially.
Political parties, political groups, campaign committees, as well as organizations participating in electoral or voting campaigns must publish their accounts. The following must be published in particular: a. during electoral or voting campaigns, the sources of financing as well as the total budget of the corresponding campaign; b. for the financing of the aforementioned organizations, the corporate name of legal entities participating in the financing of said organizations, as well as the amount of payments; c. the identity of individuals participating in the financing of said organizations, except for those whose payments do not exceed 5000 francs per calendar year.
Elected members of the cantonal authorities publish, at the beginning of the calendar year, the income they derive from their mandate as well as the income from activities related to it.
The data published under paragraphs 1 and 2 are verified by the cantonal administration or an independent entity. Once verified, this data is made available online and in paper form.
For the remainder, the law regulates the application. It takes into account professional secrecy in particular.
The State and the municipalities recognize the important role of Churches and religious communities in society.
Churches and religious communities organize themselves freely in compliance with the legal order.
The State grants a public law status to the Roman Catholic and Evangelical Reformed Churches.
The recognized Churches are autonomous. Their organization is subject to the approval of the State.
Other Churches and religious communities are governed by private law. If their social importance justifies it and they respect fundamental rights, they may be granted public law prerogatives or be endowed with a public law status.
The collection of church taxes is governed by law.
A total revision of the Constitution may be requested by the Grand Council or through a popular initiative.
When a total revision is requested, a popular vote shall decide: a. whether it should take place; b. whether it should be entrusted to the Grand Council or to a constituent assembly.
If the revision is entrusted to a constituent assembly, it shall be elected for five years under the same conditions as the Grand Council. However, there are no incompatibilities.
If the people reject the draft, the body tasked with the total revision shall develop a second one. If it is a constituent assembly, its term is extended for two years.
A partial revision of the Constitution may be proposed by the Grand Council or by means of a popular initiative.
It must comply with higher law, respect the unity of form and substance, and be executable.
This Constitution shall come into effect on January 1, 2005. On that date, the Constitution of the Canton of Fribourg of May 7, 1857, shall be repealed. The following provisions are reserved.
Current law must be adapted without delay to this Constitution. The adaptations must come into force no later than January 1, 2009.
In areas where the rules of this Constitution require implementing provisions, the current law remains in force until the adoption of these provisions.
Cantonal benefits due in the event of birth and adoption are to be paid for at least fourteen weeks.
Payments must begin no later than January 1, 2008.
If a federal maternity insurance is established, payments will cease for those categories of benefits that federal law provides for (mother with [art. 33, para. 2] or without gainful employment [art. 33, para. 3], adoption [art. 33, para. 4]).
Swiss citizens abroad, as well as foreign nationals, can exercise their political rights as of January 1, 2006. Foreign nationals are eligible from the same date.
The Grand Council formally adapts the text of pending constitutional initiatives to the present Constitution.
The new rules concerning the Grand Council, particularly regarding its Secretariat (Art. 97), shall take effect for the 2007 to 2011 legislative period.
The same applies to the new rules concerning the Council of State.
The Judicial Council assumes its office on the 1st of July, 2007. However, it will not commence its supervisory activities until the 1st of January, 2008.
The Unified Cantonal Court begins its activities on this same 1st of January, 2008.
The following rules apply to the election and the term duration of the members of the judiciary and the Public Prosecutor's Office
a. Persons holding office at the time of entry into force of this Constitution shall remain in their positions until the end of their mandate.
b. Positions that become vacant between the 1st of January, 2005 and the 31st of December, 2007 shall be filled in accordance with the current law.
c. The new regulations (Art. 103, 121, and 128) apply to positions that become vacant from the 1st of January, 2008.
The new rules relating to municipalities, with the exception of Art. 133 (financial equalization), take effect for the administrative period from 2006 to 2011.