Constitution of the Canton of Vaud, (2003)
Table of Provisions (193)
Statutory Text (193 Provisions)
The Canton of Vaud is a democratic republic founded on freedom, responsibility, solidarity, and justice.
The people are sovereign. Universal suffrage is the sole source, direct or indirect, of power.
The Canton of Vaud is one of the states of the Swiss Confederation.
It possesses all competencies, except for those that are allocated to the Confederation by the Federal Constitution.
It is composed of municipalities and divided into districts.
The coat of arms of the Canton consists of a white and green shield with the motto "Liberty and Homeland."
The coat of arms of the Canton of Vaud are: per fess, in the upper part argent bearing the words "Liberty and Homeland," arranged over three lines, with letters of gold outlined in sable, in the lower part vert.
The official language of the Canton is French.
Lausanne is the capital of the Canton.
The Canton collaborates with the Confederation, other cantons, neighboring regions, and other states or their populations. It is open to Europe and the world.
The State participates in the creation of intercantonal or international institutions, respecting the interests of local and regional communities; it encourages collaborations between municipalities.
The State aims to: a. promote the common good and cantonal cohesion; b. ensure the harmonious integration of each individual into the social body; c. preserve the physical foundations of life and sustainably conserve natural resources; d. safeguard the interests of future generations; e. protect the climate and biodiversity as well as combat climate change and its ensuing disruptions.
In its activities, it: a. protects the dignity, rights, and freedoms of individuals; b. guarantees public order; c. upholds justice and peace, and supports conflict prevention efforts; d. recognizes families as fundamental elements of society; e. ensures balanced representation of women and men within authorities; f. takes into account the environmental urgency.
Law is the foundation and the limit of state activity.
This activity is free from arbitrariness and answers to a public interest; it is proportionate to the intended purpose. It is carried out in accordance with the rules of good faith and in a transparent manner.
All state activities respect the higher law.
Every natural or legal person is responsible for themselves and assumes their responsibility towards others.
They contribute to the proper functioning of the community in which they live and take their share of responsibility to ensure that future generations also have the possibility to decide their own fate.
They assume their share of responsibility in the appropriate use of public funds and the services funded by them.
Human dignity is respected and protected.
All human beings are equal before the law.
No one shall be subjected to discrimination, notably because of their origin, gender, age, language, social status, marital status, lifestyle, genetic heritage, physical appearance, disability, beliefs, or opinions.
Women and men are equal in law. The law ensures equality in law and in fact, particularly in the areas of family, education, and work.
Women and men have the right to equal pay for work of equal value.
Every person has the right to be treated by the authorities without arbitrariness and in accordance with the rules of good faith.
Every human being has the right to life. The death penalty is prohibited.
Every human being has the right to personal liberty, particularly to physical and mental integrity and to freedom of movement.
Torture and any other cruel, inhuman, or degrading treatment or punishment are prohibited.
Every child and every young person has the right to special protection of their physical and mental integrity, and to the encouragement of their development.
They exercise their rights themselves to the extent that they are capable of discernment, otherwise through a representative.
The right to marriage is guaranteed.
The freedom to choose another form of life in common is recognized.
The right to start a family is guaranteed.
Everyone has the right to respect for and protection of their private and family life, their home, their correspondence, and their telecommunications-related relationships.
Everyone has the right to be protected against the misuse of data concerning them. This right includes: a. the consultation of such data; b. the rectification of any inaccuracies; c. the destruction of data that is inadequate or unnecessary.
Freedom of conscience and belief is guaranteed.
Every person has the right to freely choose their religion, as well as to form their own philosophical convictions and to profess them individually or in community.
Every person has the right to join the community of their choice or to leave it.
Any coercion, abuse of power, or manipulation regarding conscience and belief is prohibited.
The freedoms of opinion and information are guaranteed.
These include: a. the right to freely form, express, and disseminate one's opinion, as well as to abstain from doing so; b. the right to freely receive information, procure it from generally accessible sources, and disseminate it; c. the right to consult official documents, insofar as no overriding public or private interest opposes it.
The freedom of art is guaranteed.
The freedom of scientific research and teaching is guaranteed.
The freedom of the media and the confidentiality of editorial sources are guaranteed.
Everyone has the right to organize a meeting or demonstration and to participate in it. No one can be forced to do so.
The law or a municipal regulation may require authorization for demonstrations organized on public property.
The State and municipalities may prohibit them or impose restrictions if public order is threatened.
Everyone has the right to form an association, to be a part of it, and to participate in its activities.
No one can be compelled to do so.
Trade union freedom is guaranteed.
No one shall suffer prejudice because of their membership in or activity within a trade union.
No one can be forced to join a trade union.
Strikes and collective dismissals are lawful when they pertain to labor relations and are in accordance with obligations to maintain labor peace or resort to conciliation.
The law may limit these rights to ensure a minimum service.
The freedom of establishment is guaranteed.
Property is guaranteed.
Full compensation is due in cases of expropriation or restriction of property that amounts to expropriation.
Economic freedom is guaranteed.
It notably includes the free choice of profession, free access to a private lucrative economic activity, and its free exercise.
Every person has the right, in judicial or administrative proceedings, to have their case treated fairly and judged within a reasonable time frame.
The parties have the right, in any procedure, to be heard, to consult the file of their case, and to receive a reasoned decision with an indication of the avenues of appeal.
Any person without sufficient resources is entitled to legal assistance under the conditions set by law.
Everyone whose case must be adjudicated in a judicial proceeding has the right to have that case brought before a court established by law, independent and impartial.
Everyone is presumed innocent until proven guilty by a judgment that has come into force.
Anyone accused has the right to be informed, as soon as possible and in detail, in a language they understand, of the charges against them and of their rights.
Anyone involved in a criminal proceeding has the right to a defender if it is necessary for the protection of their interests.
No one may be deprived of their liberty except in cases and in accordance with the forms prescribed by law.
Any person deprived of their liberty has the right to be informed promptly, in a language they understand, of the reasons for this deprivation and of their rights. They must be able to assert their rights. They have, in particular, the right to have their relatives and any third parties who must be notified informed.
Any person detained must be brought before a judicial authority within twenty-four hours. The detained person has the right to be tried within a reasonable time or to be released.
Any person deprived of their liberty without an order from a court has the right, at any time, to appeal to the court. The court shall rule promptly on the legality of this deprivation.
Any person who has suffered harm as a result of unjustified deprivation of liberty has the right to obtain full compensation.
Every person has the right, without suffering any prejudice, to submit a petition to the authorities and to collect signatures for this purpose.
The authorities shall examine the petitions addressed to them. The legislative and executive authorities are required to respond to them.
Every person is free to exercise their political rights without incurring any prejudice.
Every person in need has the right to appropriate emergency housing and the essential means to lead a life consistent with human dignity.
Every person has the right to essential medical care and the necessary assistance in the face of suffering.
Every person has the right to die with dignity.
Every woman has the right to material security before and after childbirth.
Every child has the right to adequate and, in public schools, free basic education.
They have the right to an education and instruction that promotes the development of their potential and social integration.
The freedom of choice in education is recognized.
Any person lacking the personal or family resources necessary for recognized initial vocational training is entitled to assistance from the State.
Any restriction of a fundamental 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 must be justified by a public interest or by the protection of another's fundamental right.
It must be proportionate to the intended aim.
The essence of fundamental rights is inviolable.
The State and the municipalities ensure a public service.
Taking into account individual initiative and responsibility, they assume the tasks entrusted to them by the Constitution and the law.
Under their responsibility, they may delegate certain tasks.
The State and the municipalities shall act with diligence and in accordance with the principles of equality, accessibility, quality, adaptability, and continuity.
The State and the municipalities inform the population of their activities according to the principle of transparency.
The State ensures diligent, independent, and accessible justice for everyone.
The State establishes an independent administrative mediation service. The responsible mediator is elected by the Grand Council.
The State may encourage private mediation.
Within the limits of its powers, the State holds the monopoly on public force.
The State and the municipalities ensure public order as well as the safety of individuals and property.
The State, in collaboration with the municipalities, organizes and finances public education.
This education is politically and confessionally neutral.
Basic education is compulsory and, in public schools, free of charge.
It promotes personal development and social integration; it prepares for professional and civic life.
Its objective is the transmission and acquisition of knowledge; it includes, among other things, manual, physical, and artistic disciplines.
The school ensures, in collaboration with the parents, the instruction of children. It supports parents in their educational role.
The State organizes upper secondary education and initial vocational training.
The State ensures university education and tertiary-level education.
It encourages scientific research.
It promotes collaboration between economic circles and private individuals with Higher Education Institutions and public research institutes, while respecting the ethical and scientific independence of the latter.
The State encourages lifelong learning and continuing education.
It takes measures enabling every adult to acquire knowledge and initial vocational training.
The State may support private institutions that offer complementary training opportunities to its own and whose usefulness is recognized.
The State ensures that public education, private education as defined in Art. 50, and vocational training are accessible to all.
It establishes a system of scholarships and other training assistance.
The State preserves, protects, enriches, and promotes the natural heritage and the cultural heritage.
The State and the municipalities safeguard the natural environment and monitor its evolution.
They combat all forms of pollution that harm human beings or their environment.
They protect the diversity of fauna, flora, and natural habitats.
The law defines the protected zones and regions.
The region of Lavaux, from Lutrive to Corsier, is declared a protected site.
Any violation of its protection may be challenged administratively or judicially by those who are harmed and by nature conservation associations and heritage protection associations.
The implementing law strictly adheres to the current boundaries, notably by maintaining the vineyard area and the traditional character of the villages and hamlets.
In the exercise of their duties, the State and the municipalities ensure the protection of the climate and combat global warming and the disruptions it generates.
To achieve this objective, the State and the municipalities significantly reduce the negative climate impacts of each of their policies.
The pension funds of the State and municipalities under public law also contribute to the achievement of this objective.
The State and the municipalities encourage and support cultural life as well as artistic creation.
They pursue a cultural policy that promotes access to and participation in culture.
The State and the municipalities promote the practice of sports.
The State and the municipalities ensure a rational occupation of the territory and an economical use of the land.
The State and the municipalities encourage the population to use natural resources, especially energy, in a rational and economical manner.
They ensure that the supply of water and energy is sufficient, diversified, safe, economically optimal, and environmentally friendly.
They promote the use and development of renewable energies.
They collaborate in efforts aimed at phasing out nuclear energy.
The State conducts a coordinated policy on transportation and communications.
The State and the municipalities take into account the needs of all users and remote regions.
The State promotes public transportation.
The State facilitates access to telecommunications means and equipment.
In respect of the principle of economic freedom, the State establishes the framework conditions conducive to employment, the diversity of activities, and the balance between regions. It encourages technological innovation, as well as the creation and restructuring of businesses.
The State shall take measures in favor of efficient and environmentally respectful agriculture and forestry; it shall consider their multiple functions. It shall notably support research, education, and dissemination, as well as the promotion of products.
The State and the municipalities ensure each person living in the Canton the conditions for a dignified life: a. by preventing professional and social exclusion; b. by providing social assistance that is in principle non-reimbursable; c. through reintegration measures.
The State and the municipalities shall take into account the specific needs of persons with disabilities and their families.
They shall take measures to ensure their autonomy, their social, educational, and professional integration, their participation in community life, as well as their development within the family framework.
The State and the municipalities take into account the needs and specific interests of children and youth by promoting their cultural, sports, and recreational activities.
The State establishes the minimum benefits for family allowances and ensures that every family can benefit from them. In collaboration with private partners, the State and the municipalities organize preschool and extracurricular child care. The State organizes the protection of children, youth, and dependent persons.
In collaboration with the State and private partners, the municipalities organize supervised extracurricular care, optional for families, in the form of a continuous school day within school premises or nearby, for the entire duration of compulsory schooling.
The care may be entrusted to private organizations.
The conditions of extracurricular care are determined by the municipalities.
Parents contribute to the financing of extracurricular care.
In the absence of a federal maternity insurance, the State establishes a cantonal maternity insurance scheme.
It encourages parental leave.
The State coordinates and organizes the healthcare system.
To contribute to the preservation of public health, the State and the municipalities
a. encourage everyone to take care of their health;
b. ensure equitable access for all to quality healthcare as well as to the necessary information for the protection of their health;
c. promote the ability for patients to remain at home;
cbis. ensure that individuals who, due to their age, disability, or health condition, cannot stay at home, have access to accommodation facilities suited to their needs;
d. support public and private institutions active in prevention and healthcare.
The State and municipalities pay particular attention to any person who is vulnerable, dependent, disabled, or at the end of their life.
In order to protect the entire population, smoking is prohibited in public indoor or enclosed areas. This prohibition specifically applies to: a. all public buildings or premises under the jurisdiction of the State and municipalities as well as all other institutions of a public nature; b. all buildings or premises open to the public, notably those designated for medical, hospital, para-hospital, cultural, recreational, and sports activities, as well as activities related to education, leisure, meetings, and exhibitions; c. all establishments within the meaning of the legislation on inns and drink establishments, subject to the arrangement of closed smoking rooms without service and equipped with an adequate ventilation system; d. public transportation and other professional passenger transport services; e. other places open to the public as defined by law. The law establishes penalties for non-compliance with the smoking prohibition and regulates the implementation of this article.
The State shall take measures intended to inform and protect consumers.
The State and the municipalities, in addition to measures that fall under individual responsibility and private initiative, ensure that every person can have an appropriate place to live under reasonable conditions.
They encourage the provision of rental housing at moderate rents and the creation of a personalized housing assistance system.
They encourage access to homeownership.
The State facilitates the reception of foreigners.
The State and the municipalities promote their integration with mutual respect for identities and for the values that underpin the rule of law.
The State and the municipalities facilitate the naturalization of foreigners.
The procedure is swift and free of charge.
The law regulates the required residency duration and the procedure; it provides for an appellate instance.
The State and the municipalities take into consideration the role of associative life and recognize its importance.
They may grant recognized associations support for their activities of general interest.
They may delegate tasks to them within the framework of partnership contracts.
They facilitate volunteering and the training of volunteers.
The State and the municipalities collaborate, with other public authorities, relevant organizations, and enterprises, in humanitarian aid, development cooperation, and the promotion of fair trade.
They commit to the respect of human rights and to a policy of peace.
In order to prepare for the future, the State relies on a forward-looking body.
The State and the municipalities are liable for damages caused unlawfully by their agents or auxiliaries in the exercise of their functions.
The law establishes the conditions under which they are liable for damages caused by their agents in a lawful manner.
Included in the cantonal electoral body are Swiss women and men domiciled in the canton who are eighteen years of age and over and are not under general guardianship or a mandate due to incapacity, stemming from a permanent inability to exercise judgment.
The law provides for a simple procedure allowing the person addressed in para. 1 in fine to obtain, by proving they are capable of judgment, their inclusion or reintegration into the electoral body.
The political rights pertain to participation in elections and voting, eligibility for candidacy, and the signing of initiative and referendum petitions.
The law regulates the exercise of political rights.
It provides that blank votes, which are subject to a separate count in elections and voting, are included in the calculation of the absolute majority for elections under the majority system.
The cantonal electoral body elects: a. the members of the Grand Council; b. the members of the Council of State; c. the Vaud members of the Council of States.
The Vaud members of the Council of States are elected at the same time and for the same duration as the national councillors. The voting method is the same as that for the election of the Council of State.
The popular initiative may have as its object: a. the total or partial revision of the Constitution; b. the adoption, modification, or repeal of a law; c. the opening of negotiations aiming at the conclusion or revision as well as the denunciation of an international treaty or a concordat, when it is subject to an optional referendum or submitted to a mandatory referendum; d. the adoption, modification, or repeal of a decree of the Grand Council subject to an optional referendum.
The popular initiative may be presented in the form of a proposal formulated in general terms or, unless it aims at the total revision of the Constitution, in the form of a fully drafted project.
It succeeds if it gathers, within a period of four months, 12,000 signatures or 18,000 if it aims at the total revision of the Constitution.
Before authorizing the collection of signatures, the Council of State validates the initiatives. It declares null and void those that: a. are contrary to superior law; b. violate the unity of rank, form, or subject matter.
The decision of the Council of State is subject to appeal to the Constitutional Court.
The law regulates the manner of handling the initiative by the Grand Council and the procedure for a popular vote when a counter-proposal is opposed to the initiative.
Articles 173 and 174 on the revision of the Constitution are reserved.
The initiative is submitted to a popular vote no later than two years after its submission.
The Grand Council may extend this period by one year if it has approved an initiative conceived in general terms or decided to propose a counter-project to an initiative.
Subject to the electorate are: a. the total or partial revisions of the Constitution; b. international treaties and concordats that derogate from or complement the Constitution; c. modifications of the cantonal territory; d. any precepts, laws, or general provisions regarding the use, transport, and storage of nuclear energy or materials.
Additionally, financial remediation measures provided for by Art. 165 para. 2 are subject to a vote by the electorate.
Subject to the optional referendum are: a. laws and decrees; b. international treaties and agreements that derogate from or supplement the law.
However, the following are not subject to a referendum: a. matters acknowledged by the Grand Council; b. the budget, additional credits, borrowings, related expenses, and accounts; c. elections; d. clemency; e. naturalizations; f. the rights of initiative and referendum exercised by the Grand Council pursuant to federal law.
A referendum request succeeds if it gathers 12,000 signatures within sixty days from the publication of the act. The law extends this period to account for the difficulty of collecting signatures at certain times of the year.
The State and the municipalities prepare children and young people for citizenship by ensuring their civic education and promoting various forms of participatory experiences.
The State establishes a youth commission.
Political parties and associations contribute to forming public opinion and public will.
They are consulted by the State and municipalities on matters that concern them.
Parties ensure the implementation of the principle of balanced representation between women and men.
The cantonal and communal authorities shall publish their projects in a manner that allows for public discussion.
They shall inform the public about the matters submitted to a vote.
The State and the municipalities encourage and facilitate the exercise of political rights.
The authorities are organized according to the principle of the separation of powers. They comprise: a. the legislative power; b. the executive power; c. the judicial power.
The roles of members of the Grand Council, the Council of State, a judicial authority, the Public Prosecutor's Office, and the Court of Auditors, as well as that of ombudsperson, are incompatible. The law may provide exceptions for non-permanent members of a judicial authority.
Members of the Council of State may not hold any other official or private lucrative role, nor sit in the Federal Chambers. Functions exercised as part of a delegation are reserved.
Employees of the cantonal administration may not be members of a judicial authority, subject to exceptions provided by law.
Senior executives of the cantonal administration may not be members of the Grand Council.
The law may provide for other incompatibilities.
The Grand Council is the supreme authority of the Canton, subject to the rights of the people.
The Grand Council is composed of one hundred and fifty deputies, elected for a term of five years.
The members of the Grand Council are elected by the electorate according to the proportional representation system.
The districts serve as electoral constituencies. Districts with a large population as well as those consisting of remote regions with a low population may be subdivided into several sub-constituencies; these are grouped for the distribution of seats.
The seats are distributed among the constituencies in proportion to their resident population. Each sub-constituency is allocated at least two seats.
Lists that have received less than 5% of the total valid votes cast in their constituency are not taken into account for the allocation of seats.
The Grand Council elects its president for one year. This person is not immediately eligible for re-election.
The Grand Council meets regularly in ordinary sessions.
It convenes in an extraordinary session at the request of one-fifth of its members or the Council of State.
It can only deliberate if an absolute majority of its members are present.
The sessions of the Grand Council are public.
The Grand Council may decide to hold a closed session in cases provided for by law.
Members of the Grand Council may form political groups.
The Grand Council has its own services. It may call upon the services of the cantonal administration.
Members of the Grand Council freely exercise their mandate.
They publicly disclose their connections with interest groups.
Members of the Grand Council shall express themselves freely within it or before its bodies. They can only be prosecuted for their statements in the forms provided by law.
Every deputy, every group, and every commission has the rights of initiative, motion, postulate, interpellation, question, and resolution.
The administration provides the deputies with all the necessary information to exercise their mandate.
The deputies are entitled to remuneration.
The Grand Council enacts laws and decrees.
It approves international treaties and concordats, with the exception of those that fall under the exclusive competence of the Council of State.
The Grand Council acknowledges the legislative program of the Council of State within two months of its presentation.
It adopts the master plan and the cantonal sectoral plans.
The Grand Council annually acknowledges the medium-term financial planning and simultaneously reviews the report on indebtedness. At the same time, upon the proposal of the Council of State, it adopts: a. the operating and investment budgets; b. the rate of cantonal tax; c. the maximum amount of new loans.
Additionally, it adopts, upon the proposal of the Council of State: a. the additional credits; b. the investment credits and their amortization; c. the acquisition and disposal of property, insofar as the law does not delegate this authority to the Council of State.
The Grand Council approves the State’s accounts annually.
The Grand Council elects: a. its own bodies; b. the judges of the Cantonal Court; c. the members of the Court of Auditors; d. the administrative mediator; e. the Attorney General and the Deputy Attorneys General; f. the members of the Judicial Council.
It appoints the members of the judicial nomination commission as provided in Articles 131 and 166.
The Grand Council exercises high supervision over the activities of the Council of State, over those of the Council of the Judiciary, and through the latter, over the management of the Cantonal Court and the Public Prosecutor's Office. The independence of judicial decisions is preserved.
It rules annually on the management of the State.
It may decide at any time to investigate a particular aspect of the activity of the Council of State.
The Grand Council decides on the participation of the State in legal entities.
The law provides for exceptions.
The Grand Council grants pardons and amnesty.
It exercises the rights of initiative and referendum that federal law grants to the cantons.
It participates in interparliamentary organizations of its choice.
The Grand Council exercises its powers in the following forms: a. laws for general and abstract rules of indefinite duration; b. decrees for other acts; internal procedural decisions are reserved.
It may also express its opinion through resolutions.
The right of initiative belongs to the members, groups, and committees of the Grand Council as well as to the Council of State. Provisions on the popular initiative are reserved.
The acts intended to be adopted by the Grand Council can be drafted either by the Council of State or by the Grand Council itself.
Members of the Grand Council and those of the Council of State may make proposals related to a matter under deliberation.
The Council of State is the supreme executive authority of the Canton.
The Council of State is composed of seven members elected for a term of five years. Any vacant seat is to be filled within ninety days, unless the general election is to occur within six months.
The members of the Council of State are elected by the electorate at the same time as the members of the Grand Council.
The election takes place according to the majority system in two rounds.
The Council of State appoints its president for the duration of the legislative term, who ensures the coherence of governmental action.
The Council of State is a collegiate authority.
It organizes itself freely within the framework of the law.
Each member of the Council of State heads a department.
The President of the Council of State is in charge of the general administration, coordinates the activities of the departments, and ensures their proper functioning.
The Council of State and the Vaud delegation to the Federal Chambers — or a delegation thereof — shall establish, in accordance with the procedures set by law, a permanent commission for the exchange of information relating to federal affairs, known as the "Conference on Federal Affairs."
Within four months of taking office, the Council of State shall present to the Grand Council a legislative program outlining its objectives and the means to achieve them, as well as its schedule.
All members of the Council of State are bound by the content of this program.
The Council of State may amend this program during the course of the legislative period; it shall present the amendments to the Grand Council, which takes note of them.
At the beginning of each year, the Council of State reports to the Grand Council on the status of the implementation of the legislative program.
The Council of State submits projects to the Grand Council for its deliberation. It reports on popular initiatives and the initiatives of members of the Grand Council.
It enacts rules of law, to the extent authorized by the Constitution or the law. It enacts the necessary provisions for the application of laws and decrees.
The Council of State represents the Canton.
It may independently conclude concordats and international treaties when a law, concordat, or international treaty approved by the Grand Council so provides.
It may conclude administrative contracts with the Confederation or with other cantons.
The Council of State prepares the budget proposal and presents the accounts.
It decides on expenditures as well as acquisitions and disposals of public property within the limits set by law.
The Council of State directs the cantonal administration.
The Council of State is responsible for public security and order.
The Council of State can, without a legal basis, take all necessary measures to address serious threats or other exceptional situations.
The law establishes the procedure for ratification by the Grand Council.
The independence of the courts and the Public Prosecutor's Office is guaranteed.
Judges and magistrates of the Public Prosecutor's Office perform their judicial functions in an independent and impartial manner.
They may not engage, in addition to their judicial role, in any activity that might impair their independence or create an appearance of bias. The rules regarding the composition of joint courts are reserved.
The law determines the number, organization, and competencies of the courts and the Public Prosecutor's Office.
No exceptional jurisdictions may be established, under any denomination whatsoever.
The Grand Council grants the judicial authorities and the Public Prosecutor's Office sufficient resources to ensure the promptness and quality of justice.
Every judicial decision in civil or criminal matters can be brought before a second instance at the cantonal level.
The law ensures that there are no more than two cantonal judicial instances to adjudicate the substance of disputes.
Except for judicial independence, the Cantonal Court and the Public Prosecutor's Office are placed under the high supervision of the Grand Council.
The high supervision is exercised through the Judicial Council.
The Cantonal Court is the highest judicial authority of the Canton.
The judges and deputy judges of the Cantonal Court are elected by the Grand Council, upon the recommendation of the Judicial Council and a nomination committee.
This committee is appointed by the Grand Council and is composed of deputies.
The selection of candidates for the Cantonal Court is primarily based on their legal education and experience. The Grand Council also ensures fair representation of different political viewpoints.
The law governs the appointment of associate judges of the Administrative and Public Law Court and the Social Insurance Court of the Cantonal Court.
The judges and deputy judges of the Cantonal Court are elected for a term of five years, which begins on January 1st of the third year following the renewal of the Grand Council.
The Cantonal Court is autonomous in matters of organization, administration, and finance within the framework of the budget adopted by the Grand Council.
Each year, it submits its budget and accounts to the Grand Council, through the Council of State.
As a judicial authority, the Cantonal Court adjudicates: a. in the first instance, the cases that the law places within its jurisdiction; b. in the second instance, other cases, except for those that the law expressly assigns to another authority.
As an administrative authority, the Cantonal Court: a. directs and oversees the judicial order; b. appoints other magistrates and the personnel of the judicial order.
Judges of the Cantonal Court may express dissenting opinions in judgments and decisions.
The Constitutional Court is a division of the Cantonal Court. It: a. reviews, upon request submitted within twenty days of their publication, the conformity of cantonal norms with higher law; the law defines the capacity to act; b. adjudicates, on appeal and as the last cantonal instance, disputes related to the exercise of political rights at the cantonal and communal level; c. resolves conflicts of competence between authorities. Its decisions are published.
The Public Prosecutor's Office is the authority responsible for conducting the criminal investigation and supporting the prosecution. It enjoys complete independence in the performance of its legal duties.
The Public Prosecutor's Office is autonomous in matters of organization, administration, and finances within the framework of the budget adopted by the Grand Council.
Each year, it submits its budget and accounts to the Grand Council through the State Council.
Art. 131 applies by analogy to the election of the Attorney General and the Deputy Attorneys General.
The Judicial Council ensures the supervision of the Cantonal Court and the Public Prosecutor's Office, as well as their magistrates, while respecting their judicial independence and autonomy.
It reports to the Grand Council on its activities.
For the remainder, the law determines its composition, organization, and competencies.
The law may entrust the functions of the Judicial Council to an inter-cantonal body.
The municipalities are public entities endowed with legal personality.
Their existence and territory are guaranteed within the limits of the Constitution.
In addition to the tasks they voluntarily undertake, the municipalities assume the tasks assigned to them by the Constitution or by law. They ensure the well-being of their residents and the preservation of a sustainable living environment.
The State entrusts the municipalities with tasks that they are better suited to execute than the State itself.
The communes possess autonomy, particularly in: a. the management of public property and communal assets; b. the administration of the commune; c. the setting, collection, and allocation of communal taxes and levies; d. local land planning; e. public order; f. intercommunal relations.
The municipalities are subject to the supervision of the State, which ensures that their activities are in accordance with the law.
Each municipality is equipped with a deliberative authority, the communal council or the general council, and an executive authority, the municipality.
The law determines the conditions under which it can establish a communal council or a general council.
Persons are part of the communal electoral body if they are eighteen years of age or older and are not under a general guardianship or mandate for incapacity due to a permanent lack of discernment: a. Swiss citizens who are domiciled in the commune; b. foreign nationals domiciled in the commune who have been residing in Switzerland with a permit for at least ten years and have been domiciled in the Canton for at least three years.
Political rights pertain to participation in elections and votes, eligibility, as well as the signing of initiative requests and, in communes with a communal council, of referendums.
The law specifies the modalities for exercising these rights. Articles 74 paragraph 2 and 76 paragraph 2 apply.
No one may be a member of both the deliberative authority and the executive authority of a municipality at the same time.
Senior employees of the municipal administration may not sit on the municipal council.
A municipal regulation may limit the combination of a municipal executive mandate with cantonal or federal mandates.
The members of the municipal council are elected by the electorate for a term of five years.
They are elected in principle according to the proportional representation system; the quorum provided for in Art. 93 para. 4 applies.
In municipalities with fewer than 3,000 inhabitants, the municipal regulations may provide for a majority vote.
All members of the electorate may be part of the general council, except for the members of the municipality.
The municipal council or the general council: a. enacts the regulations; b. adopts the tax decree and the budget, and authorizes extraordinary expenditures and borrowings; c. decides on inter-municipal collaborations; d. decides on projects for the acquisition and disposal of properties; e. oversees management; f. adopts the accounts.
The law may assign it additional powers.
The municipal council or the general council can, by way of a motion, oblige the municipality to present it with a study or a project. It may set a deadline.
The electorate possesses a right of initiative and, in communes with a communal council, a right of referendum.
The law defines the exercise of these rights and the matters excluded from the right of referendum or initiative.
The municipal council is composed of at least three members, including the syndic or the head syndic, who presides over it. They are elected for a term of five years.
The members of the municipal council are elected directly by the electorate through a two-round majority system.
The mayor, chosen from among the members of the municipal council, is elected by the electorate using the same system, no later than one month after the municipal council's election. The election may be unopposed.
The law provides for the cases and procedure for the removal of members of the municipal council.
The municipal council is a collegial authority. It organizes itself freely.
It holds all municipal powers, except for those assigned by the Constitution or the law to the deliberative authority.
The mayor presides over the municipal council, coordinates the activities of municipal councilors, and manages the municipal administration. The law determines its other functions.
The State encourages and promotes municipal mergers.
To this end, the law provides for incentive measures, notably financial ones.
The State facilitates the merger process; it does not levy any tax or fee in this respect.
No merger can take place without the consent of the electoral body of each of the municipalities concerned. The votes are held simultaneously.
Notwithstanding Articles 144 and 148 of the Constitution, the terms of office of the members of the municipal council and the municipalities of the municipalities concerned may be extended without election until the entry into force of a municipal merger when this occurs within six months following the end of these terms.
Under the conditions set by law, the deliberative authority, the municipality, or a part of the electorate by way of initiative, may propose a merger with one or more other municipalities or a modification of the municipal territory.
A federation of municipalities or an agglomeration may propose a merger of the member municipalities.
If required and under the conditions provided by law, the State may submit the principle of a merger of two or more municipalities or a modification of their territory to the electorate of each of the municipalities concerned.
The State encourages collaborations between municipalities, particularly federations.
Municipalities may delegate one or more of their tasks to federations, conurbations, or other types of inter-municipal organizations; they ensure to choose the most appropriate form.
The law may mandate collaboration when it is necessary for the accomplishment of certain tasks or for an equitable distribution of burdens between municipalities.
The law defines the organization, financing, and democratic control of the various forms of inter-municipal collaboration.
A federation of municipalities is a public law entity composed of municipalities that are, in principle, contiguous. It has legal personality.
The federation is endowed with a deliberative authority and an executive authority. The deliberative authority is elected by the legislative bodies of the member municipalities, while the executive authority is elected by the deliberative authority.
The federation independently manages the tasks delegated to it by the member municipalities. These tasks are financed by communal contributions.
A municipality may only be part of one federation, although its participation in other forms of collaboration remains possible.
The agglomeration is a public law entity composed of contiguous urban communes and includes a central city. It has legal personality.
The law defines the organization, financing, and democratic control of the agglomeration by analogy with the rules applicable to federations.
The territory of the Canton is divided into districts. The law sets their number and determines the allocation of each commune to one of them.
The districts are administrative and judicial entities where, in principle, decentralized State tasks are carried out, providing local services.
They constitute the electoral constituencies.
A prefect is appointed by the Council of State at the head of each district.
The law defines their duties.
By decision of its electoral body, any municipality may request its attachment to another district if it is adjacent to it.
The law provides for the procedure of attachment.
All expenditures must have a legal basis.
To achieve their goals, the State and the municipalities may participate in legal entities or create them. The law establishes the methods of control over these legal entities.
The State and the municipalities ensure that these legal entities conduct their activities in a manner that at least contributes to respecting Switzerland's commitments in combating climate change and its resulting disruptions.
The insurance institutions created by the State are managed autonomously; their capital remains the property of the insured individuals.
The management of the State's finances must be economical and efficient; it aims to mitigate the effects of economic cycles. Before presenting any bill or decree that leads to new expenses, the Council of State ensures its financing and, if necessary, proposes the required fiscal or compensatory measures.
As a general rule, the operational budget of the State must be balanced.
The approval of a deficit operational budget requires an absolute majority of the members of the Grand Council.
In the operational budget, revenues must in all cases cover the expenses before depreciation.
If, in the latest accounts, the revenues do not cover the expenses before depreciation, the cantonal authorities shall promptly take remediation measures addressing the amount of the deficit. Measures that require legislative amendments are submitted to a vote by the electorate. For each of these measures, the vote presents the proposed legislative amendment in opposition to an equivalent effect increase of the coefficient of the direct cantonal tax.
The Canton of Vaud is equipped with several authorities ensuring independently the oversight of the use of all public funds, particularly from the perspective of compliance with the principles of legality, regularity, effectiveness, economy, and efficiency.
These authorities include in particular: – the Court of Audit, responsible for performance audits, – a body responsible for compliance control.
The members of the Court of Audit are elected by the Grand Council.
The State and the municipalities collect the contributions provided for by law, namely: a. taxes for the execution of their tasks; b. fees and charges related to services; c. incentive taxes whose proceeds are entirely redistributed. The tax system adheres to the principles of universality and equal treatment. Moreover, the tax respects the principle of contributory capacity. Tax fraud is prosecuted. The law compensates for the effects of bracket creep during each fiscal period.
The law determines the taxing power of municipalities. The tax burden must not exhibit excessive disparities between municipalities.
Financial equalization mitigates the inequalities in tax burdens resulting from differences in the contributive capacity between municipalities.
The State takes into account the spiritual dimension of the human person.
It considers the contribution of Churches and religious communities to social cohesion and the transmission of fundamental values.
The Evangelical Reformed Church and the Roman Catholic Church, as established in the Canton, are recognized as public law institutions endowed with legal personality.
The State ensures them the necessary means to fulfill their mission in the service of all in the Canton.
The law determines the services provided by the State and the municipalities.
The Jewish community, as established in the Canton, is recognized as an institution of public interest. Upon request, the State may grant the same status to other religious communities; it takes into account the length of their establishment and their role in the Canton.
Each recognized Church or community is governed by its own specific law.
Recognized Churches and communities enjoy spiritual independence and organize freely in accordance with the legal order and confessional peace.
Recognition is particularly linked to the respect for democratic principles and financial transparency.
A total revision may be requested by the Grand Council or by popular initiative.
The request is submitted to the electorate, which decides if the total revision should take place and, subsidiarily, if it is entrusted to the Grand Council or a constituent assembly.
If the revision is entrusted to a constituent assembly, it is elected without delay. The provisions on the election of the Grand Council apply, except for those on incompatibilities and the duration of office.
The draft of the new Constitution may include variations. The final vote can only take place once the electorate has made a choice on all the variations.
If the electorate rejects the draft of the new Constitution, the body responsible for the total revision drafts a second one. In the event of a new popular rejection, the revision becomes void.
A partial revision may be proposed by the Grand Council or requested by means of a popular initiative.
It may concern the revision of one constitutional provision or several if they are intrinsically linked.
This Constitution enters into force on April 14, 2003.
The Constitution of the Canton of Vaud of March 1, 1885, is repealed.
Likewise, the provisions of the old law that are contrary to the directly applicable rules of this Constitution are repealed.
For all other matters, the old law remains in force until the implementing legislation required by this Constitution has been enacted.
The implementing legislation required by this Constitution shall be enacted without delay but within a maximum period of five years from the entry into force of the Constitution.
To this end, the Council of State shall submit a legislative program to the Grand Council before April 14, 2003.
The implementing legislation required for the renewal of authorities must be adopted within two years from the entry into force of this Constitution. The renewal will take place in accordance with this Constitution: – in the spring of 2006 for municipal authorities, with the current legislature ending on June 30, 2006; – in the spring of 2007 for cantonal authorities, with the current legislature ending on June 30, 2007.
Art. 115 (presidency of the Council of State) is applicable from the beginning of the legislature that follows the entry into force of this Constitution.
Until the new territorial division of the Canton comes into force (Art. 179 para. 5), the electoral districts are those designated by Arts. 45 and 45 a of the law of May 16, 1989, on the exercise of political rights, in its version of June 8, 1997. Each district has at least two seats.
The mandate of the judges and deputy judges of the Cantonal Court and the Administrative Court is extended until December 31, 2007.
Articles 6 bis and 6 ter of the Constitution of March 1, 1885, protecting the sites of Lavaux and the Venoge, remain in force as long as they have not been converted into legal norms in accordance with Art. 52 para. 5 of this Constitution.
The cantonal maternity insurance must come into force no later than three years after the entry into force of this Constitution.
The implementing legislation of Title VI Communes and Districts must be adopted within two years from the entry into force of this Constitution.
The implementing legislation required by Art. 129 Cst-VD must be enacted no later than the expiration of the deadline provided by Art. 130 of the law of June 17, 2005, on the Federal Tribunal for the adaptation of cantonal provisions in civil and criminal matters.
A bonus will be granted to municipalities that merge within ten years from the promulgation of the law.
Within ten years from the entry into force of this Constitution, the Council of State will propose a new administrative division of the Canton to reduce the number of districts, taking into account the needs of the population and communication facilities. The number of districts will be between eight and twelve.
As long as the new financial law is not in force, paragraphs 2 to 4 of Art. 48 of the Constitution of March 1, 1885, apply.
The status and rights of the public endowments with obligations concerning worship of the Evangelical Reformed Church and the Catholic Church in the communes of Echallens, Assens, Bottens, Bioley-Orjulaz, Etagnières, Poliez-le-Grand, Poliez-Pittet, Saint-Barthélémy, Villars-le-Terroir, and Malapalud, as well as the established rights and customs in favor of Catholics in the aforementioned communes, continue to be guaranteed, in accordance with what was stipulated by Art. 13 para. 5 and Art. 14 of the Constitution of March 1, 1885, as long as they are not modified by law.
The customary rights of the bourgeoisies, based on Art. 81 of the Constitution of March 1, 1885, are reserved, under the arbitration of the Council of State. The persons concerned by the repeal of this article are informed through official publication.
The term of office for the cantonal judges as well as that of the Attorney General is extended until December 31, 2024.
In the exercise of their duties, the State and the municipalities must achieve carbon neutrality by no later than 2050. To this end, they shall develop action plans with interim targets for 2030 and 2040.
To contribute to achieving carbon neutrality by no later than 2050, the pension funds of the State and municipalities subject to public law shall adopt responsible and climate-friendly investment strategies every five years.
The State and the municipalities ensure that legal entities as defined in Art. 162, para. 1, develop action plans to significantly reduce financial flows and investments that contravene Switzerland’s international climate objectives (divestment from fossil fuels), with intermediary targets for 2030 and 2040.
The State and the municipalities ensure that the amounts freed from this divestment are reinvested in activities in accordance with the principles of Art. 52 b while also being socially responsible.
The previous law remains in effect for initiatives and referendums announced before the entry into force of the present Constitution.
Any initiative that requests a partial revision of the Constitution of March 1, 1885, and that was announced before the entry into force of the present Constitution will be transformed by the Grand Council into a draft revision of the latter.