Constitution of the Canton of Basel-Stadt, (2005)

The Canton of Basel-Stadt 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 citizens and by the authorities.

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

It: a. participates in shaping the future of the Confederation while safeguarding its interests; b. supports the Confederation in the fulfillment of its tasks; c. undertakes the tasks assigned to it by the Confederation.

The authorities strive to obtain the support of the Confederation for projects of regional, supra-cantonal, or supranational interest initiated in the Basel agglomeration.

The authorities of the Canton of Basel-Stadt work towards intensifying collaboration within the region. For the purpose of undertaking common or regional tasks, they collaborate with the authorities of other cantons, particularly those of the Canton of Basel-Landschaft, as well as with the authorities of municipalities in the agglomeration and the Upper Rhine region.

The authorities of the Canton of Basel-Stadt strive to conclude agreements with other authorities, Swiss or foreign, within the agglomeration and region, to create joint institutions, and to manage the distribution of responsibilities.

Within the framework of their collaboration with the territorial communities of the region, they seek to achieve harmonization of legislations.

Democratic participation rights must be guaranteed.

The Canton of Basel-Stadt works towards collaboration between parliaments at the intercantonal and international levels and encourages the creation of joint institutions to this end.

The law is the foundation and the limit of State activity.

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

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

Every person is required to respect the legal order.

Every person is responsible for themselves and acts responsibly towards others as well as towards the environment.

Every person contributes according to their abilities to the fulfillment of the tasks of the State and society.

Human dignity is inviolable and takes precedence over all fundamental rights. Every person is obligated to respect it.

All human beings are equal before the law.

No one shall suffer discrimination, particularly on the grounds of race, sex, age, language, genetic characteristics, ethnic and social origin, social status, lifestyle, sexual orientation, religious, philosophical, or political convictions, or due to a disability.

The accessibility of buildings, sites, facilities, and services intended for the public by persons with disabilities is guaranteed to the extent reasonably required from an economic standpoint. The legislature defines this criterion.

Men and women are equal in law.

They have access to education and public office under the same conditions and are entitled to the same training and equal pay for work of equal value.

The State and the municipalities ensure de facto equality between men and women in all areas. They ensure that public duties are carried out by both men and women.

Every person has the right to be treated by the organs of the State without arbitrariness and in accordance with the principles of good faith.

The Federal Constitution and international instruments to which Switzerland is bound guarantee fundamental rights, notably: a. the right to life; b. the right to physical and psychological integrity; c. the prohibition of torture and inhuman or degrading treatment or punishment; d. the prohibition of forced labor and trafficking in human beings; e. the right to liberty and security; f. the right of children and young people to special protection of their integrity and the promotion of their development; g. the right to the protection of private and family life, home, and correspondence; h. the right to marriage and family; i. the right to adopt a form of common life similar to marriage and family; j. the right to the protection of personal data and the right to access and correct it if it is incorrect; k. freedom of belief, conscience, and religion; l. freedom of information and opinion and freedom of the media; m. freedom of assembly and association and freedom to demonstrate; n. the right to education; o. the right to establish, run, or attend private schools; p. freedom of art; q. freedom of science; r. the guarantee of property; s. the right to choose and freely exercise a profession and the right to freely conduct a gainful activity; t. the right to assistance in distress; u. freedom of domicile; v. the right to free elections and voting.

Furthermore, the present Constitution guarantees: a. the right of parents to obtain within a reasonable time and under financially acceptable conditions the ability to entrust their children during the day to a public or private care facility, according to a formula that meets the children's needs; b. the right to petition, including the right to receive a response within a reasonable time; c. that the canton recognizes the right to housing. The canton takes necessary measures to guarantee this right so that persons registered in Basel-Stadt and residing there can find accommodation that meets their needs, with rent or costs not exceeding their financial capacity.

The Federal Constitution and the international instruments to which Switzerland is committed provide general procedural guarantees and judicial procedural guarantees, and ensure rights in the event of deprivation of liberty as well as rights in criminal proceedings, including: a. the right of every person to have their case treated fairly and judged within a reasonable time by judicial or administrative authorities; b. the right to be heard and the right of access to the case file; c. the right to free legal assistance; d. the right of every person to have their case brought before a court established by law that is competent, independent, and impartial; e. the right of appeal to preserve fundamental rights; f. the rights in the event of deprivation of liberty and protection against arbitrary arrests; g. the presumption of innocence in criminal proceedings; h. the prohibition against prosecuting a person criminally twice for the same offense.

Any restriction of a fundamental right must be based on a legal foundation. Serious restrictions must be provided for by law. Cases of serious, direct, and imminent danger are excepted.

Any restriction of a fundamental right must be justified by a public interest or by the protection of another person's fundamental right and must be proportionate to the intended goal.

The essence of fundamental rights and human rights guaranteed by binding provisions of international law is inviolable.

In addition to the justiciable fundamental rights guaranteed by this Constitution, the State and the municipalities aim to: a. consider the requests of children, young people, and the elderly or disabled persons; b. ensure that individuals who, due to their age, health condition, or economic or social situation, need assistance receive the necessary means for their subsistence, medical care, and housing, as well as the assistance they need to regain a certain level of autonomy; c. ensure that every person can support themselves through work performed under fair conditions and is protected against the consequences of unemployment, provided they are not responsible for it themselves.

The State fulfills its duties based on the needs of the population, with the objective of ensuring their prosperity. It acts in respect of each individual's dignity, personality, and responsibility.

It endeavors to preserve natural resources and to work toward sustainable development that meets the needs of the current generations without jeopardizing the ecological, economic, and social heritage of future generations, nor depriving them of the choice of their own lifestyle. It contributes, within the limits of its capabilities, to ensuring that global warming does not exceed 1.5° C above pre-industrial levels.

It ensures to guarantee equal opportunities and promotes cultural diversity, integration, and equality of rights within the population and economic prosperity.

The competent State authorities shall periodically ensure that the tasks undertaken by public authorities are indeed necessary, effective, and carried out in an economically optimal manner, that they are sustainable, and that their financial consequences are controlled.

Recognizing the climate crisis as a threat to human beings, ecosystems, the economy, and peaceful coexistence, as well as an opportunity for social innovation, the State takes effective measures for climate protection and in response to the consequences of global warming.

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

To this end, it sets binding targets for five-year periods and greenhouse gas reduction pathways and acts according to the polluter pays principle and a global climate justice framework.

It commits, within the scope of its participation in financial and administrative heritage institutions and enterprises, to ensuring that they meet the aforementioned objectives in all their activities.

It engages with the Confederation to create the necessary framework conditions.

The state ensures that the educational offerings are comprehensive. The instruction provided must aim to develop the intellectual and physical, creative, emotional, and social capacities of the individual, to enhance their sense of responsibility towards human beings and the environment, and to prepare and assist them in integrating into society.

The State provides kindergartens and schools. It provides or supports day-care facilities, specialized institutions, and residential care homes.

Kindergartens, schools, day-care facilities, specialized institutions, and public residential care homes are neutral in terms of religion and politics.

Kindergartens, schools, day-care facilities, specialized institutions, and residential care homes encourage children and young people and require them to make efforts according to their abilities and interests. They promote the integration of all children and young people into society and build bridges between cultures.

Within the limits set by legal provisions, schooling is compulsory. Public schools and kindergartens are free of charge. Throughout compulsory education, school materials are provided to students free of charge.

Private schools and kindergartens are subject to authorization and supervision by the State.

The State manages a university and specialized higher education institutions. It endeavors to obtain financial contributions from outside the canton.

The State guarantees and promotes vocational training in various sectors. It exercises its supervision over vocational training.

The State encourages professional development and retraining.

The State promotes adult education in general and supports training and further education through financial assistance or other measures intended to ensure equal opportunities.

The State guarantees public safety, particularly protection against violence, exploitation, and abuse.

It takes measures for disaster prevention and maintains public order through violence prevention and conflict management measures.

The State protects the family as well as family-type communities and their children.

The State preserves and promotes the health of the population.

It guarantees each individual access to medical care.

It encourages measures aimed at maintaining patient autonomy, at-home assistance and care, and supports families and relatives in this task.

It takes measures in the field of prevention.

It ensures respect for patients' rights.

The State manages public clinics and hospitals; it endeavors to secure financial contributions from outside the canton.

It ensures the provision of other necessary clinics, institutions, and public hospitals in collaboration with the municipalities and private funding partners, in agreement with the regional authorities.

The State exercises its oversight over the healthcare sector and the practice of medical professions.

The State ensures the development of a strong economy and balanced structures by creating favorable general conditions.

It takes measures to prevent unemployment in addition to federal legislation. It implements an active employment policy.

It promotes the compatibility of family responsibilities with gainful employment.

The State ensures and coordinates safe and economically optimal mobility that is environmentally friendly and energy-efficient. Public transportation is prioritized. The State endeavors to increase the appeal of urban traffic and to secure fast connections to major Swiss centers and to link with major international transport routes by rail and road, as well as with international air and waterway transport networks.

The State ensures a secure energy supply that promotes economic development and respects the environment.

It encourages the use of renewable energies, the application of new technologies, the decentralization of energy supply, and the economical and rational consumption of energy.

It opposes the use of nuclear energy and does not take part in nuclear power plants.

The State guarantees the supply of quality drinking water and ensures that non-potable water is used sparingly.

The supply of water cannot be delegated to companies whose profits benefit, in whole or in part, private individuals.

The State takes measures to prevent the pollution of soil, air, and water.

It ensures the preservation of biodiversity.

It encourages the recycling of waste and used materials and ensures the environmentally friendly disposal of non-reusable waste and the treatment of wastewater.

It protects the population and the environment against noise and other unpleasant or harmful emissions and takes measures to eliminate or reduce risks.

The State ensures that land is used wisely and in an environmentally friendly manner within the context of urban development that meets the needs of the metropolitan area on both sides of the border. It preserves and promotes the quality of living conditions and urban design.

It encourages the construction of housing in the interest of balancing the housing market. It ensures that there is no housing shortage, particularly of family-friendly accommodations. It also promotes the maintenance of affordable housing in all neighborhoods.

In times of housing shortage, it ensures, according to the general needs of the resident population, effective protection against lease terminations and rent increases. It particularly focuses on elderly or long-standing tenants.

To maintain existing affordable housing, it takes all necessary political measures, in addition to the tenant protection provided by federal law, to preserve the character of the neighborhoods, the number of existing housing units, and the existing living and housing conditions.

These measures include the temporary introduction of a mandatory permit with rent control for renovations, conversions, and demolitions of affordable housing.

There is a housing shortage when the vacancy rate is equal to or less than 1.5%.

The State encourages the creation, mediation, and exchange of cultural activities.

It ensures the preservation of monuments, sites, and cultural heritage that belong to it or have been entrusted to it.

The State promotes sports activities.

The State supports the independence and plurality of information.

It promotes public access to media and sources of information.

The State exercises its sovereignty over public lands, public waterways, and airspace.

It has the exclusive right to exploit the subsoil and geothermal energy and to sell salt.

It may exercise this right itself or transfer it to municipalities or third parties.

Hunting and fishing are sovereign rights of the municipalities. The acquired rights of private law entities are reserved.

To the extent that economic freedom permits, the State may, by legislative means, create new monopolies.

The State and the municipalities encourage the granting of citizenship to new citizens. The State and the civic municipalities regulate the details in their legislation.

All Swiss men and women who are 18 years of age or older, who have their political domicile in the Canton of Basel-Stadt, and who are not under general guardianship due to a permanent incapacity of judgment nor represented by a deputy due to incapacity, have the right to vote.

The municipal communes may extend the right to vote in municipal matters to other categories of inhabitants.

Citizens with the right to vote may: a. participate in votings; b. propose the names of candidates for elections, participate in elections, and be elected to public office; c. initiate and sign initiatives and referendums.

Citizens exercise their right to vote in their municipality of residence. Exceptions are provided for by law.

Persons of Swiss nationality obtain the right to vote on cantonal and municipal matters in the municipal community in which they are established.

Citizens have the right to have the will expressed by the electorate during an election or vote be represented in a globally reliable, faithful, and secure manner.

They may appeal to the Court of Appeal if they believe there has been a violation of their voting rights.

The secrecy of the vote is guaranteed during elections and votes. Special provisions applicable to communal assemblies are reserved.

Citizens with the right to vote elect: a. the members of the Grand Council; b. the members of the State Council; c. the member of the State Council who will serve as the president of the Government; d. the presidents of the courts; e. and f. ... g. the representatives of the Canton of Basel-Stadt in the National Council and the Council of States.

The term of office for the members of the National Council and the members of the Council of States is the same.

Swiss citizens residing abroad who have the right to vote at the federal level in the Canton of Basel-Stadt may participate in the election of the members of the Council of States.

For the elections to the Grand Council, the City of Basel is divided into three constituencies; the municipalities of Bettingen and Riehen each form a constituency.

The law regulates the organization of the electoral constituencies.

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

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The members of the Council of State, the President of the Government, and the Presidents of the courts are elected by majority vote.

An initiative, either in the form of a drafted proposal or a proposal formulated in general terms, may be submitted at any time by 3,000 citizens with voting rights who request the adoption, repeal, or modification of constitutional or legislative provisions or decrees of the Grand Council subject to a referendum.

Initiatives requesting a total revision of the Constitution may only be submitted in the form of proposals formulated in general terms.

Drafted initiatives contain a drafted proposal of constitutional or legislative provisions or a decree. Initiatives formulated in general terms must contain a description of their purpose and object.

An initiative must be submitted within 18 months following its publication.

The State Chancellery determines whether the initiative has succeeded or not.

The initiative is null in whole or in part if it: a. is contrary to superior law; b. is unenforceable; c. does not respect the principle of unity of matter.

Initiatives must be processed within the deadlines set by law.

Initiatives drafted in detail are submitted to the people as they are.

If the Grand Council refuses to draft a bill in response to an initiative framed in general terms, the initiative is submitted to the people. If the initiative is accepted or if the Grand Council decides to proceed with it, it prepares a bill responding to the request of the authors of the initiative.

The Grand Council finally decides the level—Constitution, law, or decree of the Grand Council—appropriate for the bill it must draft.

The Grand Council may propose a counter-proposal to any initiative as well as to the projects it develops in response to initiatives framed in general terms.

The initiative and the counter-proposal are submitted to the people simultaneously.

Citizens with the right to vote may accept both proposals and indicate which one they prefer in the event that both are accepted.

Subject to a popular vote are: a. revisions of the Constitution; b. initiatives presented in the form of a drafted proposal; c. initiatives conceived in general terms that the Grand Council rejects or counteracts with a counterproposal; d. projects drafted by the Grand Council in response to an initiative conceived in general terms; e. international treaties whose content modifies the Constitution; f. modifications of the cantonal territory, with the exception of border rectifications.

The Grand Council may decide to submit other matters to the people.

If 2000 citizens with the right to vote request it within 42 days of their publication, the following acts of the Grand Council are submitted to the people: a. laws; b. decrees involving expenditures of an amount specified by law; c. international treaties that are not obligatorily subject to a popular vote; d. other decrees, unless the Constitution or a law expressly provides that they cannot be the subject of a referendum.

The following decrees of the Grand Council are not subject to a referendum: a. decrees relating to individuals, such as elections, amnesty or pardon decisions, and naturalizations; b. decrees related to the exercise by the canton of its rights of participation within the Confederation; c. decrees concerning the budget and the state account; d. decrees determining the amount of a loan; e. decrees related to the exercise of supervisory oversight; f. decrees concerning the state's recognition of churches or religious communities; g. boundary corrections; h. procedural decisions, decrees relating to provisions for the execution of its organization or internal regulations, and decrees governing its relations with other authorities; i. resolutions.

When an authority organizes a consultation procedure regarding a project of general significance, it informs the public and gives all interested parties the opportunity to express their views.

Political parties and organizations contribute to the formation of public opinion and will.

The State involves the population of the neighborhoods in the formation of its opinion and will when it is called upon to make decisions that particularly affect them.

The municipalities (municipal communities and civic communities) are public law entities endowed with legal personality.

The Canton of Basel-Stadt is composed of the municipal commune of Basel and the municipal communes of Bettingen and Riehen.

The state is responsible for the affairs of the municipal commune of Basel.

Each municipal commune encompasses a civic commune.

The existence and territorial and patrimonial integrity of the municipalities are guaranteed.

The merger, division, and reorganization of municipalities are subject to the approval of the citizens entitled to vote in the affected municipalities and the State.

Any adjustment of the boundary between the municipal communes of Bettingen and Riehen is subject to the approval of the Council of State.

The autonomy of the municipalities is guaranteed. Municipalities manage their affairs independently within the limits of the Constitution and the law.

Cantonal law guarantees municipalities maximum freedom of action.

The guarantees provided in the provisions of this section are an integral part of the autonomy of the municipalities.

Municipal communes undertake the tasks at the local level which are not within the competence of the State.

The distribution of tasks between the State and municipal communes is governed by the principles of transparency, efficiency, and proximity to the citizen.

Municipal communes levy: a. the income tax on individuals; b. the property gains taxes.

The law may authorize municipal communes to levy other taxes.

Communes may levy fees and charges and contract loans.

They manage their assets autonomously.

The State and the municipal communes cover the costs related to the fulfillment of their tasks through their own tax revenues and other income.

The State regulates the distribution of financial responsibilities between the State and the municipal communes considering the principle that each task must be financed by the public entity responsible for and benefiting from it.

It structures the financing in such a way as to encourage personal initiative and economically optimal behaviors and takes into account the significance that attractive tax municipalities may have for the canton.

It grants the communes fair compensation for the tasks delegated to them.

In order to compensate for the differences between municipal municipalities caused by special structural burdens and disparities in their financial capacities, the State shall establish a system of financial equalization by legislative means.

The civic communes grant the right of citizenship of the commune. They manage their operations, handle their assets, and exercise oversight over the institutions, foundations, and corporations under their responsibility. They may be entrusted with other tasks of public interest.

The municipalities define their organization in their municipal regulations, within the limits of the Constitution and the law.

The optional referendum against the decisions of the Municipal Council and the right of initiative are guaranteed in municipal communities.

Municipal communes may request the adoption, amendment, or repeal of constitutional or legislative provisions by decision of the Communal Council or the Communal Assembly. The provisions governing popular votes apply by analogy.

The communes must be heard in due time when the Grand Council or the Council of State prepares a normative act or decree that particularly affects them.

The State encourages collaboration between municipalities.

For the purpose of accomplishing specific tasks of public interest, municipalities may create associations or joint institutions, sign agreements with municipalities within the canton or from other cantons, or with neighboring territorial entities located across the national border, or participate in public, mixed, or private enterprises.

The communes are subject to State supervision. This supervision is exercised by the Council of State.

The supervision is limited to a legal review, unless the law provides for an assessment of expediency.

Authorities are organized in accordance with the principle of the separation of powers. No authority is permitted to exercise state power without oversight or limits.

No authority is permitted to intervene in an area that the Constitution or law assigns to the competence of another authority, unless the Constitution provides otherwise.

All citizens with the right to vote in the canton are eligible for the Grand Council, the Council of State, as well as the courts.

The law may impose additional conditions on the eligibility of members of the judicial authorities or extend it to categories of persons who do not have the right to vote in the canton.

It regulates the eligibility of members of other authorities.

The positions of member of the Grand Council and the Council of State, State Chancellor, Ombudsman, judge of all judicial authorities, president and member of all conciliation authorities, clerk to the Court of Appeal, and prosecutor are incompatible.

Senior administrative officials and personal staff of the Councilors of State or the Council of State as a whole, who regularly and decisively participate in the preparation and making of decisions by the Council of State, cannot be members of the Grand Council. The prohibition also applies to the administrative head of the Court of Appeal.

The law regulates the details. It may provide for other incompatibilities.

The law regulates the incompatibilities of governmental and judicial functions between relatives and in-laws.

The members of the Grand Council and the Council of State are elected for four years.

The members of the courts and the mediator are elected for six years.

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

Members of authorities shall recuse themselves when the matter at hand directly and personally concerns them.

Recusal is mandatory during decision-making, dossier preparation, and deliberation.

The authorities inform the public about their activities.

The public has the right to access official documents, unless overriding public or private interests oppose it.

The law regulates the details and guarantees the confidentiality of tax data.

The official language is German.

The authorities and administrative services are also authorized to work in other languages.

The liability of the authorities and staff of the cantonal administration is governed by law.

The State and other entities entrusted with public duties are liable for damages unlawfully caused by their organs in the exercise of their public mandate.

They are also liable for damages caused by their organs acting lawfully if certain individuals are affected in a particularly severe manner and it is unreasonable to expect them to bear the damage themselves.

In the event of a serious infringement of personal rights, the injured party is also entitled to compensation for moral harm.

Persons exercising their right to speak before the Grand Council or in its committees shall not incur any legal liability for the statements they make there.

However, by a two-thirds majority of those voting, the Grand Council may lift this immunity in the event of an obvious abuse.

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

It is composed of 100 deputies.

Members of the Grand Council deliberate and vote without instructions.

Subject to professional secrecy, they disclose any affiliations they have with interest groups.

Persons who have served on the Grand Council for four consecutive legislatures are not eligible for reelection in the following legislature.

Legislatures that have commenced are considered as entire legislatures.

The Grand Council enacts all fundamental and important provisions in the form of laws.

Provisions are considered fundamental and important if the Constitution expressly mandates the form of a law for them, as well as, in particular, provisions concerning: a. the foundations of the legal status of individuals; b. the subject of taxes, taxpayer status, and the calculation of tax amounts, except for fees of minor importance; c. the purpose, nature, and limits of state services; d. the fundamental structure of the organization and duties of authorities.

Laws and decrees whose entry into force cannot be delayed may be enacted immediately if the Grand Council decides by a two-thirds majority of the voters.

Urgent laws and decrees are also subject to a referendum. If a referendum is requested, they become void if: a. the vote on the referendum request has not taken place within the year following the entry into force of the contested law or decree; b. the act is rejected by the people.

The Grand Council approves agreements on matters within its competence. During the preparation of significant international and intercantonal agreements subject to its approval, it may advise the Council of State and monitor its work through its committees.

The Grand Council participates in the overall planning of the Council of State in the manner provided by law.

It enacts, approves, and examines plans when prescribed by law.

The Grand Council decides on important administrative acts when provided for by law.

The Grand Council decides: a. on expenditures that do not fall under the exclusive competence of the Council of State; b. on the budget; c. on the approval of the state accounts; d. on the borrowing framework.

When the Grand Council authorizes an expenditure globally or in the form of a budget envelope, it ties its decision to a service mandate.

Upon the proposal of its commission, the Grand Council elects the Ombudsman and the judges, unless otherwise provided by law.

The law may grant the Grand Council other electoral powers.

The Grand Council exercises high supervision over the Council of State, the administration, the judicial authorities, and other individuals entrusted with public duties, insofar as their tasks fall under the competence of the State.

It approves the annual reports of the Council of State, the courts, the ombudsman, and independent administrative services.

The Grand Council: a. exercises the rights of participation granted to the cantons by the Federal Constitution; excepted are responses to consultation procedures organized by federal authorities; b. resolves in the event of a conflict of competence between the supreme authorities of the State; c. determines the outcome of cantonal elections; d. decides on requests for amnesty and appeals for clemency; e. decides on the adjustments of cantonal or municipal boundaries; f. ... g. decides on the admissibility of popular initiatives or directly submits the issue to the Court of Appeal, requesting it to decide; h. decides on the recognition by the State of Churches and religious communities of private law and the withdrawal of such recognition.

The law may confer additional competencies to the Grand Council.

The Grand Council decides on proposals and draft laws and decrees based on: a. a recommendation or a report from the Council of State; b. a report from a committee of the Grand Council. It may waive preliminary examination when making decisions concerning its procedure or organization or when initiating a cantonal referendum on federal matters.

The Grand Council may assign mandates to the State Council. The law regulates the procedures and specifically defines the instruments through which the Grand Council can exert influence over the areas falling under the competence of the State Council.

The deputies elect from among their members the president of the Grand Council and his/her deputy for one year.

The Grand Council establishes committees responsible for preparing its deliberations.

To fulfill their tasks, the committees have the right to obtain information, consult documents, and conduct investigations within the limits defined by law.

The debates of the Grand Council are public.

The Grand Council is convened by its president.

It meets as often as required by the business at hand.

It convenes in extraordinary session a. when a quarter of its members, the Council of State, or the two municipal communes of Bettingen and Riehen request it, specifying the matter to be addressed by the Grand Council, which must fall within its competence; b. on its own initiative, in order to deliberate on issues concerning the public community or to gather information on such issues.

The plenary of the Grand Council and its committees deliberate validly when half of the members are present.

The organization and rules of the Grand Council, as well as its relations with the Council of State, the courts, and the ombudsman, are governed by law.

The Grand Council may issue implementing provisions concerning its organization and rules by means of a decree.

The Council of State may submit matters to the decision of the Grand Council and present proposals to it. Members of the Council of State participate in the sessions of the Grand Council in an advisory capacity. They have the right to make proposals related to any item on the agenda.

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

It is composed of seven members.

The President of the Government presides over the Council of State for the duration of a legislature. He directs, plans, and coordinates the activities of the Council of State in his capacity as a collegiate authority and represents it both internally and externally.

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

The law may assign certain tasks to the members of the Council of State and to the departments for which they are responsible.

The State Council fulfills its obligation to govern, notably: a. by monitoring the development of the State and society and, based on its assessment of the situation, defining the goals of cantonal and communal actions and the manner of implementing these actions to achieve the set objectives; b. by planning and coordinating cantonal and communal activities; c. by regularly defining the future activities of the Government and regularly reporting on the achievement of the intended objectives; d. by representing the State and the City of Basel both internally and externally.

In matters of sustainable development, it seeks advice from independent experts.

The Council of State participates in the preparation of legislative projects as well as in the decision-making by the Grand Council.

The Council of State issues normative provisions in the form of ordinances insofar as the Constitution or the law authorizes it to do so.

The law may provide that the Council of State issues other provisions if the legislative procedure is not suitable. This delegation is restricted to a specific area and defines the limits.

In cases of urgency, it may issue the necessary provisions by way of ordinance to adopt higher law, provided that the Grand Council is unable to do so itself within the framework of the ordinary or urgent legislative procedure. These provisions are to be replaced without delay according to the ordinary procedure.

The Council of State has the authority to conclude agreements subject to the right of approval of the Grand Council.

The State Council prepares the financial plan. It adopts the budget and the state account for the attention of the Grand Council.

It has the authority to autonomously decide on expenditures within the limits defined by law.

It has the authority to contract loans within the limits defined by the Grand Council.

It manages the financial assets of the canton and disposes of them insofar as its powers are not restricted by law.

The Council of State directs the cantonal administration. It exercises oversight over other individuals entrusted with public tasks and the performance thereof.

It ensures that the administration operates efficiently and in compliance with the law, maintaining proximity to the citizens. It defines the appropriate organization within the limits of the Constitution and the law.

It ensures the simplicity and swiftness of administrative procedures.

It adjudicates administrative appeals in accordance with the law.

It does not implement provisions that are contrary to federal law or the constitutional or legislative provisions of the canton.

The Council of State may, without a legal basis, take measures in the event of current or imminent disturbances threatening public safety or order.

These measures are immediately subject to the approval of the Grand Council. They become void no later than one year after their entry into force.

The Council of State assumes the following tasks: a. maintaining public safety and order; b. participating at the federal level, unless competence falls to the Grand Council; c. conducting elections, unless other bodies are responsible; d. granting cantonal citizenship rights; e. presenting an annual report to the Grand Council concerning all units of the cantonal administration; f. confirming the results of cantonal votes.

The law may assign other tasks to the Council of State.

The cantonal administration consists of the presidential department and six other departments.

The President of the Government directs the presidential department. This department must also fulfill administrative tasks.

The other members of the Council of State each manage a department.

The Council of State regulates the issues of substitution for the President of the Government and the department heads.

The law may create independent administrative entities.

It regulates the employment of cantonal administration personnel.

The courts are independent and are subject only to the law.

The administration of justice falls under the jurisdiction of the courts.

Civil jurisdiction falls under the Civil Court and the Court of Appeal.

Criminal jurisdiction falls under the Criminal Court and the Court of Appeal.

The law may provide for the establishment of other authorities responsible for criminal jurisdiction, particularly for juvenile criminal jurisdiction.

The law may assign competencies in matters of administrative criminal law to cantonal or communal administrative authorities. Judicial review is reserved.

The administrative jurisdiction falls under the Social Insurance Court, the appeal commissions provided by law, the Court for Placement for Assistance Purposes, and the Court of Appeal.

The Court of Appeal, acting as a constitutional court, has jurisdiction over: a. appeals lodged for the violation of constitutional rights guaranteed by the Federal Constitution or the Cantonal Constitution, when there are no other legal remedies available to assert them; b. appeals or interventions by the Grand Council concerning the admissibility of a popular initiative; c. appeals lodged for failure by the Grand Council to consider the content and objective of an initiative conceived in general terms; d. disputes concerning the protection of the autonomy of municipalities.

The following cannot be subject to appeal to the Constitutional Court: a. provisions of the Constitution; b. laws, except for their application or in the case of disputes as per para. 1, letter d; c. ordinances of the Grand Council and the Council of State for which the legislator has excluded such appeals; d. the urgency of a law; e. ordinances through which the Grand Council grants or withdraws state recognition to churches or religious communities of private law.

The Court of Appeal is the highest cantonal authority empowered to adjudicate civil, criminal, administrative, and constitutional disputes.

The organization, jurisdiction, and procedure of the courts are governed by law. The reliability, promptness of procedures, and independence of the courts in terms of their organization must be guaranteed.

Within the framework of regional agreements, the law may assign certain judicial competencies to regional courts.

The Court of Appeal exercises its supervision over the lower courts.

The courts present an annual report to the Grand Council.

The law establishes an independent cantonal mediator. The mediator determines the facts and intervenes in cases of conflicts between citizens and administrative services.

The State and the municipalities manage their budgets sparingly and economically, taking into account the economic situation, the needs of the economy, and the principle of causality. The budget must be balanced in the medium term.

The State and the municipalities ensure comprehensive financial planning.

The budget and the state account are established considering the principles of transparency and publicity.

Before assuming new tasks, the State and the municipalities evaluate their economic and financial consequences.

The State ensures that the ratio between its debt and its financial capacity does not exceed, in the medium term, the limit set by law. It guarantees the long-term stability of its budget.

The annual expenditures are determined taking into account the financial situation and the principle of continuity in the development of expenditures.

The financial resources of the State are: a. taxes and other contributions it levies; b. the returns on its assets; c. benefits from the Confederation and third parties; d. loans it contracts and loans it grants.

The State levies direct taxes on the income of natural persons and legal entities.

The law determines the taxes that the State levies and the contributions that the State, corporations, or public law institutions may levy.

The tax system is structured taking into account the principles of universality, equality, and economic capacity.

Direct taxes are calculated in such a way that they protect economically weak individuals, encourage personal savings, and do not undermine the desire to engage in gainful employment or the competitiveness of taxpayers.

Any use of public funds must be based on a legal foundation and authorized by the competent authority.

Independent oversight bodies are responsible for supervising the State's finances.

The law regulates the surveillance of the use of benefits that the State provides to third parties.

The Evangelical Reformed Church, the Roman Catholic Church, the Christian Catholic Church, and the Jewish Community are recognized as public law entities by the State.

They have the status of public law entities endowed with legal personality.

Other churches and religious communities may be recognized as public law entities through a constitutional amendment.

The Churches and religious communities recognized under public law are organized autonomously.

They establish a constitution, which, along with any amendments, must be adopted by the majority of their voting members and approved by the Cantonal Council of State.

The Cantonal Council of State grants its approval unless opposed by federal or cantonal law.

Within the limits of the preceding provisions, the law regulates the procedure for approving the constitution and the tax system, as well as the supervision over asset management.

Every person domiciled in the canton is a member of the Church or the publicly recognized religious community corresponding to their confession or religion if they satisfy the conditions stipulated by the constitution of their Church or religious community.

Withdrawal from the Church or religious community is possible at any time by written declaration.

The conditions under which the right to vote and eligibility is granted are defined in the constitutions of the Churches and publicly recognized religious communities.

Public law recognized churches and religious communities may, in their constitution, provide for a subdivision into parishes, neighborhood communities, or other subordinate entities.

These are public law entities endowed with legal personality.

The status and general organization of the subordinate entities are defined in the constitutions of the public law recognized churches and religious communities.

Public law recognized churches and religious communities may, for their needs, establish public law bodies endowed with legal personality.

Public law recognized churches and religious communities manage their assets autonomously under the overall supervision of the State Council.

They may compel their members to pay taxes. Tax regulations are subject to the approval of the State Council.

The law regulates their other rights and obligations, particularly concerning religious education in schools or chaplaincy in hospitals and penitentiary institutions, as well as within the framework of projects and institutions jointly managed by the State and the churches or religious communities.

The recognized public-law churches and religious communities determine the procedure for dispute resolution.

Decisions taken in the final instance by the recognized public-law churches and religious communities may be contested by their members and by their own groups and bodies before the Court of Appeal.

The court ensures the compliance of the contested decision with federal legislation and cantonal law. It also verifies the compliance of the decision with the law of the concerned church or community, insofar as their rules provide for it.

Churches and religious communities that are not recognized under public law fall under private law.

Churches and religious communities of private law may be recognized by the State and thus obtain special rights if: a. they are significant on a social level; b. they respect denominational peace and the legal order; c. they manage their finances transparently, and if d. they allow their members to leave at any time.

No one can claim recognition by the State.

State recognition is decided by a decree of the Grand Council, which must be approved by at least 51 deputies. This decision is not subject to a referendum.

The rights and obligations of the recognized church or religious community are established in the recognition decree.

The Grand Council may revoke its recognition of a Church or religious community according to the procedure set out in § 133, para. 3, if the conditions for recognition are no longer met or if the Church or community fails to fulfill its obligations.

The churches and religious communities shall bear the costs of worship themselves.

The State may support the work that clergy provide in hospitals, in penitentiary institutions, and in other public institutions.

It may provide contributions for the preservation of buildings or historical monuments and for other tasks of public interest undertaken by the Churches and religious communities.

A partial or total revision of the cantonal constitution is possible at any time.

The electorate decides whether a total revision of the Constitution should be undertaken.

If the total revision is decided, the legislature has two years to define the procedure.

Partial Revision

A partial revision may concern independent provisions or intrinsically linked provisions.

The partial revision follows the legislative procedure.

If the Grand Council decides on a partial revision or supports an initiative formulated in general terms requesting a partial revision, it may submit its decree to the people.

Any amendment to a provision in the section dedicated to municipal autonomy must be accepted by the majority of the voters and by three-tenths of the individuals entitled to vote.

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

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

Also repealed are all provisions of the cantonal law in force on this date that are incompatible with directly applicable provisions of this Constitution.

If new provisions are to be adopted or existing provisions modified under the terms of this Constitution, such adaptations must be undertaken without delay.

Initiatives that have been submitted for review to the Cantonal Chancellery according to § 4 of the Law on Initiative and Referendum (IRG) before the entry into force of this Constitution, but which, in the sense of § 6 IRG, have only been submitted after this date, must be supported by 3000 valid signatures to be admissible. The deadline for collecting signatures, as per § 47, para. 4, of this Constitution, starts with the entry into force of the new Constitution.

In the case of initiatives that have been submitted in the sense of § 6 IRG before the entry into force of the new Constitution, the provisions of the IRG apply in accordance with the Constitution of December 2, 1889.

The members of the authorities shall remain in office until the expiration of the term of office provided for by the former law.

The new provisions of this Constitution concerning the number of deputies in the Grand Council and the quorum shall take effect as of the new legislative term.

The new provisions governing incompatibilities (§ 71, para. 2), incompatibilities between relatives and in-laws (§ 72), the president of the Government, and the creation of a presidential department (§ 111) must be adopted in due time to be applicable to the new legislature.

The Council of State shall issue the required provisions by ordinance if they could not be adopted in due time within the framework of the ordinary or urgent legislative procedure to be able to come into effect before the start of the electoral process. These provisions shall be replaced without delay according to the ordinary procedure.

The position of single judge in the municipalities of Bettingen and Riehen shall cease upon the entry into force of this Constitution. Proceedings pending on that date shall be transferred to the Civil Court.

The decrees that the Grand Council has declared urgent under the previous law remain in effect and are not subject to the provisions of § 84 of this Constitution.

Financial decrees that have been decided under the previous law without a service mandate remain in effect even if these expenditures must be accompanied by a service mandate under the new law.

Financial decrees that were decided under the former law without a service mandate remain in effect even if these expenditures must be accompanied by a service mandate under the new law.