Constitution of the Republic and Canton of Neuchâtel, (2000)

The canton of Neuchâtel is a democratic, secular, social republic that guarantees fundamental rights. The power belongs to the people. It is exercised by the electorate and the authorities in the forms provided by this Constitution. The canton of Neuchâtel is one of the states of the Swiss Confederation. It comprises the territory that is guaranteed to it by the Federal Constitution. The canton is divided into municipalities.

The capital of the canton is the city of Neuchâtel, where the Grand Council and the Council of State are seated.

The coat of arms of the canton shall be: Per pale vert, argent, and gules; a crosslet of the second in the canton dexter chief.

Within the limits of their competences and in complement to the initiative and responsibility of other public entities and private individuals, the State and the municipalities assume the tasks entrusted to them by law, in particular: a. the protection of personal freedom; b. the maintenance of public security and order; c. education and training, both scholastic and professional, as well as adult education; d. the reception and integration of foreigners, as well as the protection of minorities; e. the promotion and safeguarding of health; f. the development of the economy, as well as the maintenance and creation of jobs; g. the balance between regions, as well as inter-municipal collaboration and financial equalization; h. social protection; i. housing policy; j. the protection and restoration of the environment, as well as the preservation of the landscape and heritage; k. spatial planning, urban development, and building regulations; l. the supply of sufficient, diversified, safe, and economic water and energy, the prudent management of non-renewable resources by promoting energy savings, as well as the encouragement of the use of indigenous and renewable resources; m. transport and communications policy, in particular the promotion of public transport; n. the promotion of culture and the arts; o. the support of sciences and research; p. the promotion of sports; q. inter-cantonal and international cooperation.

When fulfilling their tasks and in the event of a conflict of interests, the State and the municipalities prioritize the interests of future generations. They pay particular attention to the requirements of sustainable development and the maintenance of biodiversity.

The installation of wind turbines is authorized in a maximum of five sites.

The law defines the sites and sets the maximum number of wind turbines per site.

The maintenance and development of transport infrastructure shall be guided by a comprehensive, long-term mobility policy.

This policy shall promote the complementarity of transport modes, the service to all regions of the canton, as well as connections to the outside.

The law shall define the modalities for implementing the comprehensive mobility policy.

The State and the municipalities are liable for damages that their agents, in the exercise of their functions, unlawfully cause to third parties.

The law sets the conditions under which the State and the municipalities are liable for damages that their agents cause lawfully.

An independent body is responsible for overseeing the management of authorities and administration as well as the handling of finances.

The law defines its form, powers, and functioning. It may extend the powers of this body to the oversight of other entities created by the State or with which it collaborates as well as to municipalities.

Human dignity is respected and protected.

Torture, as well as inhuman or degrading treatment, is prohibited.

Equality before the law is guaranteed. No one shall be subjected to discrimination, particularly on the grounds of origin, ethnicity, color, sex, language, social status, lifestyle, religious, philosophical or political beliefs, or due to a physical, mental, or psychological disability.

Men and women are equal before the law. They are entitled, notably, to the same education, equal pay for work of equal value, as well as equal access to public office.

Every person has the right to be protected in their good faith and to be treated without arbitrariness by the public authorities.

Retroactive laws that impose additional burdens on individuals are prohibited.

Personal freedom is guaranteed.

In particular, the right to life, the right to physical, mental, and psychological integrity, as well as the freedom of movement, are guaranteed.

Everyone has the right to respect for their private and family life, their home, their correspondence, and their telecommunications.

They have the right to be protected against the misuse of data concerning them. They may access this data and demand the correction of any inaccurate data and the destruction of any unnecessary data.

Public authorities may process personal data only if there is a legal basis and insofar as this data is necessary for the fulfillment of their tasks. They ensure that this data is protected against misuse.

The right to marriage is guaranteed.

The freedom to choose another form of communal life is recognized.

Every person in need has the right to housing, necessary medical care, and the means essential for maintaining their dignity.

Every child has the right to be protected and assisted.

Within the framework of public and compulsory schooling, they have the right to free education that corresponds to their abilities.

The free choice of domicile and place of residence is guaranteed.

Every person has the right to freely choose their religion and philosophical convictions and to profess them individually or collectively. Every person has the right to belong to a religious community and to perform a religious act or to follow religious teachings. No one can be compelled to do so.

Everyone has the right to form their opinion, to express it and to communicate it freely, by speech, writing, image, gesture, or any other means.

Everyone has the right to receive information, to procure it from generally accessible sources, and to disseminate it freely.

Censorship is prohibited.

Every person has the right to access official documents, provided that no overriding public or private interest opposes it. The law regulates this right to information.

Every person has the right to create associations, to be a part of them, and to participate in their activities. No one can be compelled to do so.

Every person has the right to organize meetings and demonstrations and to participate in them. No one can be compelled to do so.

The law or a municipal regulation may require authorization for meetings and demonstrations organized on public property.

Every person has the right to submit a petition to the authorities and to collect signatures for this purpose.

Legislative and executive authorities are required to examine the petitions on their merits and to respond to them as soon as possible.

The freedom of education and the freedom of scientific research are guaranteed.

The freedom of artistic expression is guaranteed.

Freedom of language is guaranteed.

Property is guaranteed.

In the event of expropriation or a restriction of property equivalent to expropriation, full compensation is due.

Economic freedom is guaranteed. In particular, the free choice of profession and employment, as well as the free exercise of economic activity, are guaranteed.

Workers and employers, as well as their organizations, have the right to unionize to defend their interests, to create associations, and to join them. They cannot be compelled to do so.

Collective labor disputes are, as far as possible, resolved through negotiation or mediation.

The right to strike and the right to a collective lockout are guaranteed if they relate to labor relations and if they comply with obligations to preserve labor peace or resort to conciliation. The law may regulate the exercise of these rights; it may restrict or prohibit the resort to strikes for certain categories of persons, particularly in the public sector.

Every person involved in a judicial or administrative proceeding has the right to a fair handling of their case and to a decision rendered within a reasonable timeframe.

In any proceeding, the parties have the right to be heard, to consult the file, and to receive a reasoned decision.

Persons whose resources are insufficient are entitled to free legal assistance under the conditions set forth by law.

Any person whose case must be handled in a judicial proceeding has the right to have the case brought before a court that is established by law, competent, independent, and impartial. Subject to exceptions provided by law, the hearing and the pronouncement of the judgment are public.

No one shall be deprived of his or her liberty except in cases and in accordance with procedures provided for by law.

Any person deprived of liberty must be informed as soon as possible, in a language he or she understands, of the reasons for this deprivation of liberty and of the rights that belong to him or her.

Any person arrested by the police must be brought before a judicial authority at the earliest possible time. If this authority prolongs the detention, the detained person has the right to be tried within a reasonable time or to be released.

Any person deprived of liberty has the right to have the legality of this deprivation of liberty reviewed in a simple and swift judicial procedure.

If the deprivation of liberty proves to be illegal or unjustified, the State shall compensate the damage suffered.

Everyone is presumed innocent until proven guilty by a judgment that has become final.

No one can be convicted for an act or omission that was not punishable at the time it took place, nor be tried or punished for an offense for which they have already been acquitted or convicted under a judgment that has become final.

Every accused person has the right to be informed, as soon as possible, in detail and in a language they understand, of the charges against them and their entitlements.

Fundamental rights must be implemented throughout the entire legal system.

Anyone who undertakes a public task is required to respect them.

Fundamental rights may only be limited if the restriction is based on a legal foundation, if it is justified by an overriding public interest or by the protection of another individual's fundamental right, and if it respects the principle of proportionality.

Any severe restriction must be expressly provided for by the law itself. Exceptions are made for cases of serious and direct danger and disturbance.

The essence of fundamental rights is inviolable.

Within the limits of their competences and as a complement to the initiative and responsibility of other entities and individuals, the State and the communes shall take measures enabling every person to: a. receive education and training according to their abilities and preferences; b. provide for their own needs and those of their family through appropriate work and be protected against the consequences of unemployment; c. find suitable housing on reasonable terms; d. receive the necessary assistance when in need, particularly due to age, illness, or physical, mental, or psychological disability.

The State and the communes shall take into account the interests of the family. In particular, they ensure the creation of conditions that promote motherhood and fatherhood and notably allow for the reconciliation of family and professional life.

The State shall establish a cantonal minimum wage in all areas of economic activity, taking into account the economic sectors as well as the wages set in collective agreements, so that every person engaged in salaried employment may receive a wage that ensures them decent living conditions.

The State and the communes shall take measures to promote de facto equality between women and men.

The State and the municipalities shall take measures to compensate for the inequalities affecting persons with disabilities and to promote their economic and social integration.

Eligible voters in canton matters, if they are at least eighteen years old and are not prohibited from voting due to mental illness or mental disability, are: a. Swiss women and men domiciled in the canton; b. Swiss women and men abroad who are registered in the electoral register of a commune in the canton pursuant to federal legislation; c. foreign women and men as well as stateless persons who hold a settlement permit under federal legislation and have been domiciled in the canton for at least five years. The law may provide a procedure that allows a prohibited person to be reintegrated into the electoral body by proving that they have the capacity for discernment.

The voters elect the members of the Grand Council and the members of the Council of State.

The electors vote for the canton’s delegation to the Swiss Council of States. The electoral district is the canton. The election is conducted according to the system of proportional representation. Eligible candidates are Swiss nationals who are electors. The election takes place at the same time as the election of the delegation to the Swiss National Council. The law regulates the electoral procedure.

The popular initiative belongs to 4,500 voters, whose signatures must be collected within a period of six months.

The initiative is addressed to the Grand Council. It may aim at the adoption, modification, or repeal of an act of the Grand Council that is itself subject to an optional popular referendum pursuant to Art. 42, para. 3, let. a to c.

The initiative takes the form of a drafted proposal or a general proposal. It must comply with the principle of the unity of the subject matter.

Provisions regarding the revision of the Constitution are reserved.

A hundred voters may submit a motion to the Grand Council. The Grand Council treats the popular motion as if it were an initiative from one of its members.

The right to request a popular vote belongs to 4,500 voters, whose signatures must be collected within a period of ninety days from the publication of the contested act.

The request for a popular vote must be subject to a prior announcement within twenty days from the publication of the contested act; the law regulates the announcement procedure.

The request for a popular vote may concern an act of the Grand Council among the following

a. laws;

b. decrees that incur expenditures;

c. decrees by which the Grand Council submits an initiative to the Federal Assembly;

d. opinions that the Grand Council gives to the federal authority regarding the establishment of a nuclear installation;

e. decrees approving international or inter-cantonal treaties whose content is equivalent to one of the acts mentioned in letters a and b of this paragraph;

f. decrees approving concordats concluded with the Churches and other recognized religious communities;

g. other acts of the Grand Council, if thirty of its members so decide.

However, the referendum excludes the budget, accounts, elections, amnesty, pardon, judicial decisions, and procedural decisions.

Laws whose entry into force cannot be delayed may be declared urgent by a decision taken by a two-thirds majority of the members of the Grand Council participating in the vote. These laws may be put into effect immediately. Their duration of application must be limited.

If a popular vote is requested, the law becomes void one year after it has come into force, unless it has been accepted by the people in the meantime. The voided law cannot be renewed through the emergency procedure.

Are subject to a mandatory popular vote: a. the popular initiatives that the Grand Council disapproves of; it may then oppose them with a counter-proposal; b. modifications of the cantonal territory; c. decrees approving international or intercantonal treaties whose content is equivalent to a revision of the Constitution.

The provisions concerning the revision of the Constitution are reserved.

Before popular votes, the authorities provide sufficient and objective information on the matters submitted to them.

The cantonal authorities are the Grand Council, the Council of State, and the judicial authorities. They are organized according to the principle of the separation of powers.

In the exercise of their duties, the judicial authorities are independent of the Grand Council and the Council of State.

Eligible as members of the cantonal authorities are voters of Swiss nationality. The law may extend eligibility to foreign nationals for judicial authorities. It may also declare eligible for the Council of State and judicial authorities persons who are domiciled in another Swiss canton.

No one may simultaneously be a member of the Grand Council, the Council of State, or a judicial authority. However, non-permanent members of a judicial authority may be members of the Grand Council. Members of the cantonal administration staff may not be members simultaneously of the Council of State nor, subject to exceptions provided by law, of any judicial authority. They may be members of the Grand Council, with the exception of management staff, staff members who have decision-making or police powers, staff of judicial authorities and services of the Grand Council, as well as associates and collaborators in the immediate entourage of the Council of State and the State Chancellery; the law defines these categories. The law may provide for other cases of incompatibility.

Members of the cantonal authorities, as well as personnel of the cantonal administration, must recuse themselves when matters that concern them personally are being addressed.

The cases of recusal in judicial or administrative proceedings are furthermore determined by law.

Members of the Grand Council and the Council of State cannot be prosecuted for statements made before the Grand Council or one of its bodies.

The law may also provide special provisions regarding the criminal prosecution of members of the Council of State and higher courts.

The law may provide for the removal of members of the Council of State and judicial authorities, as well as the dissolution of the Council of State. It regulates the procedure and conditions thereof.

The cantonal authorities are required to provide the public with sufficient information about their activities.

The legislative power is vested in a Grand Council of one hundred members.

The Grand Council is elected by the people according to the system of proportional representation. The electoral district is the canton. The law ensures fair representation of the different regions of the canton.

The law may organize a substitute system for the replacement of members who are unable to serve.

The Grand Council is elected for four years and is entirely renewed. Its members are eligible for re-election. The legislative period ends when the newly elected Grand Council is constituted.

The members of the Grand Council deliberate and vote without instructions.

The Grand Council enacts the laws.

The Grand Council approves international treaties and intercantonal treaties that do not fall under the exclusive competence of the Council of State.

It may invite the Council of State to initiate negotiations for the conclusion of a treaty, as well as to denounce an existing treaty.

The Great Council adopts the budget and approves the accounts. It authorizes recourse to borrowing and sets the limit on indebtedness.

It votes on expenditures and authorizes acquisitions and alienations of public domain, except in cases that fall under the exclusive competence of the Council of State.

Laws and decrees that result in significant new expenditures for the canton, or a significant decrease or increase in its tax revenue, must be passed by a three-fifths majority of the members of the Great Council. The law defines the notions of significant new expenditure, significant decrease, and significant increase in tax revenue.

Similarly, laws and decrees resulting in significant savings for the canton, when adopted to comply with the legal provisions regarding the debt limit, must also be passed by a three-fifths majority of the members of the Great Council. The law defines the notion of significant savings.

The same majority is required for the adoption of any annual budget that deviates from the legal provisions on the debt limit.

The Grand Council exercises the planning powers conferred upon it by law.

The Grand Council exercises high supervision over the activity of the Council of State and the administration.

It also exercises high supervision over the management of judicial authorities.

The Grand Council elects the magistrates of the judiciary, except for the exceptions provided by law.

The Grand Council: a. exercises the participatory rights that federal law confers to the cantons; b. provides the opinion of the canton as provided by federal legislation regarding the establishment of an atomic facility; c. provides its opinion, if it wishes, during other federal consultations; d. processes popular initiatives and decides, in particular, on their material validity; e. approves the concordats concluded with the Churches and other recognized religious communities; f. decrees amnesty and grants pardon; g. resolves conflicts of competence that arise between cantonal authorities; h. exercises the other powers granted to it by law. Furthermore, it assumes the responsibilities entrusted to the State that are not assigned to another cantonal authority.

The Grand Council meets as of right four times a year. The law may provide for additional sessions.

The Grand Council also meets at the request of thirty of its members or at the invitation of the Council of State.

The Grand Council elects its President each year and forms an office.

Members of the Grand Council may form political groups.

The Grand Council establishes committees from among its members, which are specifically tasked with preparing its deliberations; the law regulates the institutional framework.

The right of initiative belongs to each member of the Grand Council, as well as to the bureau, the groups, and the committees.

The right of initiative also belongs to the Council of State and to each municipality.

The provisions concerning the popular initiative and the popular motion are reserved.

The deliberations of the Grand Council are public. The law regulates the exceptions.

The governmental and executive power is vested in a Council of State consisting of five members. The Council of State is elected by the people according to the two-round majority voting system. Panachage is permitted. The electoral constituency is the canton.

The Council of State is elected for four years, concurrently with the Grand Council, and is entirely renewed. Complementary elections are reserved in the event of a vacancy during the four-year term. Members of the Council of State are eligible for re-election.

The Council of State directs the policy of the canton, subject to the powers of the Grand Council and the people.

The Council of State generally prepares draft laws.

It issues ordinances within the framework of the Constitution and the laws.

The Council of State negotiates, concludes, and ratifies international treaties and intercantonal agreements.

The approval of the Grand Council is required, unless a law or a treaty approved by the Grand Council states otherwise.

The Council of State shall inform the Grand Council in a timely manner of its intentions regarding foreign policy, particularly the treaties it intends to conclude. The law specifies the cases in which it consults the Grand Council or one of its committees.

The Council of State prepares the budget proposal and presents the accounts.

It decides on expenditures as well as acquisitions and alienations of public property within the limits set by law.

The Council of State ensures the proper application of cantonal law as well as federal law to the extent that it is the responsibility of the canton.

The Council of State exercises oversight over the municipalities.

The Council of State: a. generally prepares the deliberations of the Grand Council; b. represents the canton in its external relations; c. responds to federal consultations, taking into account the opinion of the Grand Council if it has given one; d. concludes concordats with Churches and other recognized religious communities, subject to the approval of the Grand Council; e. decides on naturalization requests; f. ensures public safety and order and, when these are seriously and directly threatened or disturbed, takes the necessary measures to restore them, even in the absence of law; g. exercises other powers conferred upon it by law.

In the event of disasters or other extraordinary situations, and if the Grand Council is unable to exercise its powers, the Council of State shall take all necessary measures to protect the population.

The extraordinary situation shall be determined by the Grand Council, if it is able to convene.

The Council of State organizes itself autonomously.

It elects its president each year.

The Council of State directs the cantonal administration.

The cantonal administration is divided into departments. Each member of the Council of State directs one or more departments.

The Council of State appoints the personnel of the administration, who are subject to its instructions and supervision.

The State Chancellery assists the Council of State in the exercise of its competences. It is headed by a State Chancellor, appointed by the Council of State.

The Grand Council and its committees have the right to obtain from the Council of State and the administration all the information they need to fulfill their tasks, particularly in exercising high supervision. In case of dispute, the Grand Council decides after hearing the Council of State.

The individual right of members of the Grand Council to obtain information is regulated by law.

In the first year of the legislature, the Council of State presents a political program to the Grand Council, in which it announces its proposals for action during that legislative period. This program is accompanied by a financial plan.

The Grand Council takes note of the program and the plan. It becomes the subject of a debate.

By motion, the Grand Council may instruct the Council of State to send it a report or a project.

By recommendation, the Grand Council may invite the Council of State to take a measure that falls within its legislative competence. The proposal for a recommendation must be signed by seventeen members of the Grand Council.

Members of the Council of State may participate in sessions of the Grand Council, speak in them, and make proposals to the extent provided by law.

The participation of the members of the Council of State in the sessions of the organs of the Grand Council as well as their extent are governed by law.

The judicial organization is regulated by law.

Civil, criminal, and administrative disputes are decided by courts.

The law regulates the supervision of judicial authorities.

Judicial officers are elected for a term of six years. They are eligible for re-election.

In the execution of their duties, judges must conduct themselves impartially.

Court hearings are public. Judgments must be justified in writing. The law governs the exceptions.

The courts apply federal law and cantonal law. They do not apply legislative or regulatory provisions that are contrary to a superior law. The rules of federal law relating to the application of federal laws are reserved.

Municipalities are territorial public entities that ensure the well-being of their inhabitants.

They administer their properties and manage local public services.

They also assume the tasks entrusted to them by cantonal and federal legislation.

The law determines the number of municipalities and enumerates them.

The territory of each municipality is defined in accordance with cadastral records.

The existence of municipalities and their territory is guaranteed.

The State encourages the merging of municipalities.

However, no merger or division of municipalities, nor any transfer of territory from one municipality to another, can take place without the consent of the affected municipalities.

The State encourages intermunicipal collaboration, in the form of unions or other types of groupings.

Collaboration may be mandated in certain areas when it is necessary for the fulfillment of municipal tasks.

In its operation, intermunicipal collaboration must preserve democratic procedures.

The fiscal power of the municipalities is determined by law.

The law establishes a financial equalization that mitigates the inequality of the financial capacities of the municipalities.

The autonomy of the communes is guaranteed within the limits of cantonal legislation.

Each municipality has a General Council, which is the legislative authority, and a Communal Council, which is the executive authority.

Both councils are elected for four years.

The General Council is elected by the people of the municipality; the election is conducted according to the system of proportional representation, except for the exceptions governed by law.

For the Communal Council, the municipality decides whether it is elected by the people or by the General Council and sets the electoral system.

The law determines the municipal electoral body and regulates the electoral procedure, as well as matters related to popular initiatives, referenda, and motions.

The law may provide for the removal of members of the Communal Council. It regulates the procedure and conditions for removal.

The activities of municipal authorities are subject to state supervision.

State supervision aims to ensure that the activities of municipal authorities comply with the law. In certain areas, the law may extend state supervision to include assessing the appropriateness of municipal actions.

The state may replace municipal authorities that, after being duly invited, fail to take the measures imposed upon them by the legislation.

The State takes into account the spiritual dimension of the human person and its value for social life.

The State is separated from Churches and other religious communities. However, it may recognize them as institutions of public interest.

The independence of Churches and other religious communities is guaranteed.

The State recognizes the Evangelical Reformed Church, the Roman Catholic Church, and the Christian Catholic Church of the canton of Neuchâtel as public interest institutions representing the Christian traditions of the country.

The State collects, free of charge, the voluntary church contribution that the recognized Churches request from their members.

The services that the recognized Churches render to the community give rise to financial participation from the State or the municipalities.

The recognized Churches are exempt from taxes on the properties used for their religious activities and the services they provide to the community.

The State may enter into concordats with the recognized Churches.

Other religious communities may request recognition as being of public interest. The law sets out the conditions and procedure for recognition. It also regulates the effects thereof, unless these are subject to a concordat.

The Constitution may be revised at any time, either totally or partially.

Partial revision must respect the principle of the unity of subject matter.

A total revision may be requested by the Grand Council or by 10,000 female or male voters acting by way of a popular initiative.

When a total revision is requested, a preliminary popular vote will decide: a. whether it should take place; b. if affirmative, whether it will be drafted by a Constituent Assembly or by the Grand Council.

If the revision is to be drafted by a Constituent Assembly, it shall be composed in accordance with Art. 52.

Partial revision may be proposed by the Grand Council or requested by 6,000 voters acting by way of popular initiative.

The popular initiative is addressed to the Grand Council. It takes the form of a drafted project or that of a general proposal.

When the initiative takes the form of a drafted project, the Grand Council submits it to a popular vote and decides whether to recommend its acceptance or rejection. In the latter case, it may present a counter-proposal.

When the initiative takes the form of a general proposal, the Grand Council decides whether to approve or disapprove it. If it approves it, it develops the requested revision. If it disapproves, it is submitted to a preliminary popular vote, with or without a counter-proposal. If the preliminary vote is positive, the Grand Council develops the requested revision.

Any revision, whether total or partial, of the Constitution shall be subject to two deliberations, each followed by a vote of the Grand Council. The second debate may only take place one month after the first.

In all cases, the new Constitution or the revised part of the Constitution can only come into force if it has been accepted, by popular vote, by the majority of the electors who have cast their votes.

Are repealed: a. the Constitution of the Republic and Canton of Neuchâtel, of November 21, 1858; b. the decree concerning cantonal colors, of April 11, 1848; c. the constitutional decree concerning the application of the federal law on the peaceful use of atomic energy and protection against radiation, of January 29, 1979.

The Grand Council formally adapts the present Constitution to the amendments of the Constitution of the Republic and Canton of Neuchâtel, dated November 21, 1858, accepted by the people after April 25, 2000.

It formally adapts to the present Constitution any constitutional amendments proposed after this date.

The related decree is not subject to a referendum.