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Constitution of the Republic and Canton of Geneva, (Cst-GE) - Republic and Canton of Geneva (KV-GE)
Table of Provisions (245)
Statutory Text (245 Articles)
The Republic of Geneva is a democratic constitutional state founded on liberty, justice, responsibility, and solidarity. It is one of the sovereign cantons of the Swiss Confederation and exercises all powers not assigned to the Confederation by the Federal Constitution.
Sovereignty resides in the people, who exercise it directly or through elections. All political powers and all public functions are merely a delegation of its supreme authority.
The structures and authority of the State are founded on the principle of the separation of powers.
The authorities collaborate to achieve the goals of the State.
The State is secular. It observes religious neutrality.
It does not pay or subsidize any religious activity.
The authorities maintain relations with religious communities.
The canton comprises the territory guaranteed to it by the Confederation. It consists of municipalities.
The official language is French.
The State promotes the learning and use of the French language. It ensures its protection.
The law governs the acquisition and loss of Geneva nationality.
1 The coat of arms of the Republic and Canton of Geneva represents the combination of the black eagle with a crowned head on a yellow background and the golden key on a red background. The crest features a sun appearing on the upper edge and bearing the trigram IHS in Greek letters. 2 The motto is "Post tenebras lux."
The official anthem of the Republic and Canton of Geneva is "Cé qu'è lainô" in Genevan Arpitan.
The Republic and Canton of Geneva guarantees fundamental rights and is committed to common prosperity, social cohesion and peace, security, and the preservation of natural resources.
The State acts in the service of the community, complementing private initiative and individual responsibility.
Public activity is based on law and serves a public interest. It is proportionate to the intended goal.
It is conducted transparently, in accordance with the rules of good faith, and in compliance with federal and international law.
It must be relevant, effective, and efficient.
Public activity is conducted within the framework of balanced and sustainable development.
The State provides extensive information, consults regularly, and establishes frameworks for consultation. Legal rules are published. Related directives are published unless a prevailing public interest opposes this.
The State is liable for damages unlawfully caused by its agents in the exercise of their duties.
The law establishes the conditions under which the State is liable for damages lawfully caused by its agents in the exercise of their duties.
Every person must respect the legal order.
Every person assumes their share of responsibility towards themselves, their family, others, the community, future generations, and the environment.
Human dignity is inviolable.
The death penalty is prohibited.
All individuals are equal before the law.
No one shall be subjected to discrimination based, notably, on their origin, social status, sexual orientation, beliefs, or disability.
Women and men are equal in law. The law ensures equality in rights and in fact, particularly in the areas of family, education, and employment.
Women and men have the right to equal pay for work of equal value.
Access for persons with disabilities to buildings, facilities, and equipment, as well as to services intended for the public, is guaranteed.
In their interactions with the State, persons with disabilities have the right to receive information and communicate in a manner adapted to their needs and abilities.
Sign language is recognized.
Every person has the right to be treated without arbitrariness and in accordance with the rules of good faith.
Every person has the right to the protection of their life and their physical and psychological integrity.
Torture and any other cruel, inhuman, or degrading treatment or punishment are prohibited.
No one may be expelled to a territory of a State where they risk being subjected to torture or any other cruel and inhuman treatment or punishment or any other serious violation of their integrity.
Everyone has the right to live in a healthy environment.
Every person has the right to personal freedom, security, and freedom of movement.
Every person has the right to respect for their private and family life, their home, their correspondence, and their communications.
Every person has the right to be protected against the misuse of data concerning them.
Every individual has the right to the preservation of their digital integrity.
Digital integrity notably includes the right to be protected against the abusive processing of data related to their digital life, the right to security in digital spaces, the right to an offline life, as well as the right to be forgotten.
The processing of personal data for which the State is responsible may only occur abroad insofar as an adequate level of protection is ensured.
The State promotes digital inclusion and raises awareness among the population about digital issues. It is committed to the development of Switzerland's digital sovereignty and collaborates in its implementation.
Every person has the right to marry, to enter into a registered partnership, to found a family, or to choose another form of life, alone or with others.
The fundamental rights of the child must be respected.
The best interests of the child and their right to be heard are guaranteed for decisions or procedures concerning them.
The child is protected against any form of mistreatment, exploitation, unlawful displacement, or prostitution.
The right to a birth or adoption allowance and a monthly allowance for each child is guaranteed.
The right to education, training, and continuing education is guaranteed.
Everyone is entitled to free public initial education.
Anyone lacking the financial resources necessary for recognized training is entitled to state support.
The freedom of conscience and belief is guaranteed.
Every person has the right to form their religious or philosophical convictions and to profess them individually or in community.
Every person has the right to join or leave a religious community.
No one can be compelled to contribute to the expenses of a religious service.
Everyone has the right to freely form, express, and disseminate their opinion.
Everyone has the right to freely receive information, to obtain it from generally accessible sources, and to disseminate it.
Anyone who, in good faith and for the protection of the public interest, lawfully discloses illegal behavior to the competent authority is entitled to adequate protection.
The freedom of the media and the confidentiality of sources are guaranteed.
Censorship is prohibited.
The right to information is guaranteed.
Every person has the right to be informed and to access official documents, unless an overriding interest opposes it.
Access to public service media is guaranteed.
Every person has the right to sufficient and pluralistic information enabling them to fully participate in political, economic, social, and cultural life.
The freedom of art and artistic creation is guaranteed.
The freedom of teaching and scientific research is guaranteed.
The freedom of association is guaranteed.
The freedom of assembly and demonstration is guaranteed.
The law may subject meetings and demonstrations on public property to authorization.
Every person has the right, without risk of prejudice, to address a petition to the authorities and to collect signatures for this purpose.
The authorities examine the petitions addressed to them. They respond to them as promptly as possible.
Property is guaranteed.
Full compensation is due in the event of expropriation or a restriction of property that amounts to expropriation.
Economic freedom is guaranteed.
It includes, in particular, the free choice of occupation and employment, free access to private economic activity, and its free exercise.
Freedom of association is guaranteed.
No one shall suffer prejudice on account of their association membership or activity.
Union information shall be accessible in the workplace.
Conflicts shall be resolved primarily through negotiation or mediation.
The right to strike and the right to collective dismissal are guaranteed if they pertain to labor relations and comply with the obligations to maintain labor peace or to resort to conciliation.
The law may prohibit the use of strikes for certain categories of persons or limit its use in order to ensure a minimum service.
The right to housing is guaranteed. Every person in need is entitled to be appropriately housed.
The right to food is guaranteed. Everyone has the right to adequate food, as well as to be free from hunger.
Everyone has the right to have their basic needs met in order to promote their social and professional integration.
Everyone has the right to the necessary medical care and personal assistance due to their health condition, age, or disability.
Everyone has the right to have their case heard fairly, within a reasonable time.
The right to be heard is guaranteed.
Anyone who does not have sufficient resources is entitled to free legal assistance, provided that their case does not appear to be entirely without merit.
Fundamental rights must be respected, protected, and fulfilled within the entire legal order.
Anyone who assumes a public role is obliged to respect, protect, and fulfill fundamental rights.
To the extent that they are applicable, fundamental rights apply to relationships between private individuals.
The State provides education on respect for human dignity and fundamental rights.
The realization of fundamental rights is subject to an independent periodic evaluation.
Any restriction of a fundamental right must be based on a legal foundation. Serious restrictions must be provided for by law. Cases involving serious, direct, and imminent danger are reserved.
Any restriction of a fundamental right must be justified by a public interest or by the protection of another person's fundamental right.
It must be proportionate to the intended aim.
The essence of fundamental rights is inviolable.
Political rights are guaranteed.
The guarantee of political rights protects the free formation of opinion of the citizens and the faithful and secure expression of their will.
The law ensures the integrity, security, and secrecy of the vote.
Political rights pertain to participation in elections and voting, eligibility, as well as the signing of initiatives and referendum requests. The law guarantees that any person entitled to political rights can effectively exercise them.
The State Council organizes and oversees electoral operations.
Votes take place as soon as possible, but no later than one year after: a) the adoption of a constitutional law by the Grand Council; b) the rejection of an initiative without a counterproject or the adoption of a counterproject provided the initiative is not withdrawn; c) the expiration of the deadline granted by the constitution for the processing of an initiative; d) the State Council's acknowledgment of the success of a referendum request; e) the adoption of a resolution for the dismissal of a member of the State Council due to loss of confidence by the Grand Council.
The right to use public areas free of charge for the purpose of collecting signatures for initiatives or referendum requests is guaranteed.
Holders of political rights at the cantonal level are Swiss nationals aged 18 and over, domiciled in the canton, as well as persons domiciled abroad who exercise their federal political rights in the canton.
Holders of political rights at the communal level are Swiss nationals aged 18 and over, domiciled in the commune.
Holders of the right to vote, to participate in elections, and to sign initiatives and referendum requests at the communal level are foreign nationals aged 18 and over who have had their legal domicile in Switzerland for at least eight years.
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The State contributes to the preparation for citizenship.
The State promotes a balanced representation of women and men within the authorities.
It takes measures to enable elected persons to balance their private, family, and professional lives with their mandate.
The contribution of political parties to the functioning of democracy is recognized.
The State sets the transparency requirements applicable to them and may support them financially.
The cantonal electorate elects: a) the Grand Council; b) the Council of State; c) the magistrates of the judiciary; d) the Court of Auditors; e) the Geneva deputation to the Council of States.
The election to the Council of States takes place simultaneously with that of the National Council, for a four-year term, according to the election procedures of the Council of State.
In the event of election to the Council of State or to the Council of States, individuals residing abroad are required to establish domicile in the canton.
The communal electorate elects: a) the municipal council; b) the communal executive.
Elections under the proportional system take place in a single constituency.
Lists that have received less than 7% of the valid votes cast do not obtain any seats.
Elections under the majoritarian system take place in a single constituency.
Candidates who receive the most votes, but at least an absolute majority of the valid ballots, including blank ballots, are elected in the first round.
If a second round is necessary, it is held by relative majority.
In the event of a vacancy during the term, a by-election is held as soon as possible. The law may provide for exceptions.
If the number of candidates is equal to the number of seats to be filled, the election is tacit. This rule does not apply to the first round of the election of the Council of State and the Geneva delegation to the Council of States.
2% of those holding political rights may submit to the Grand Council a proposal for a total or partial revision of the constitution.
The proposal can be drafted from scratch (formulated initiative) or conceived in general terms and capable of being formulated through a constitutional revision (unformulated initiative). A partially formulated initiative is considered unformulated.
A constitutional initiative cannot be transformed into a legislative initiative after the publication of its launch.
1.5% of the holders of political rights can submit a legislative proposal to the Grand Council in all matters within its members' competence.
The initiative can be formulated or non-formulated. A partially formulated initiative is considered as non-formulated.
The initiative specifies the composition of the initiative committee authorized to withdraw it.
The signatures supporting an initiative must be submitted within a period of four months from the publication of its launch.
The validity of the initiative is reviewed by the Council of State.
An initiative that does not respect the unity of form is declared null and void.
An initiative that does not respect the unity of subject matter is either divided or declared partially null, depending on whether its different parts are valid in themselves or not. If not, or if the lack of unity of subject matter was evident from the outset, the initiative is declared null and void.
An initiative of which a part is not in conformity with the law is declared partially null if the remaining parts are valid in themselves. Otherwise, the initiative is declared null and void.
The Grand Council shall decide on the initiative.
It may propose a counterproposal to a constitutional initiative.
If it rejects a legislative initiative, it may propose a formulated counterproposal.
If it accepts an unfounded initiative, it shall implement it through a drafted project.
The law governs the procedure in such a way as to respect the following deadlines from the acknowledgment of the completion of the initiative: a) a maximum of 4 months to rule on the validity of the initiative; b) a maximum of 12 months to rule on its consideration; c) a maximum of 24 months for the entire procedure if the Grand Council has accepted an unformulated initiative or decided to present a counter-proposal to an initiative.
These deadlines are mandatory. In the event of an appeal, they are suspended until a final decision is made.
An initiative rejected by the Grand Council is submitted to the electorate if it is not withdrawn.
An initiative that has not been addressed after the lapse of the prescribed period set forth in Art. 62, para. 1, let. b or c, is submitted to the electorate.
The counterproposal of the Grand Council to an initiative is submitted to the electorate if the initiative is not withdrawn. The electorate independently votes on the initiative and the counterproposal, then indicates its preference between the two by answering a subsidiary question.
If the electorate accepts an unformulated initiative, the Grand Council is obligated to implement it within twelve months with a drafted proposal.
Revisions of the constitution are automatically submitted to the electorate.
Resolutions for the removal of a member of the Council of State due to loss of confidence, adopted by the Grand Council, are also automatically submitted to the electorate.
As part of the necessary measures for financial remediation, the law may require that legislative measures be submitted automatically to the electorate.
For each of these measures reducing expenses, the vote presents the proposed legislative amendment against a tax increase of equivalent effect.
Each person participating in the vote must make a choice, unable to oppose either a double refusal or a double acceptance of the proposed alternative.
Laws, as well as other acts of the Grand Council involving expenditures, are submitted to the electorate if the referendum is requested by 1.5% of those entitled to political rights.
They are also submitted to the electorate if the referendum is requested by 500 holders of political rights: a) laws that entail a new tax or that concern the modification of the rate or base of an existing tax; b) laws that involve a modification of legislation regarding housing, tenant protection, and habitation, including legal remedies in the matter.
The items referred to in this article are also submitted to the electorate if the Grand Council decides by a two-thirds majority of the votes cast, abstentions not being considered, but at least a majority of its members.
The signatures supporting a referendum request must be submitted within a period of 40 days from the publication of the act.
This period is suspended until the 15th day following Easter inclusive, from July 15 to August 15 inclusive, and from December 23 to January 3 inclusive.
A referendum is excluded against the annual law on expenditures and revenues taken as a whole, except with regard to its special provisions establishing a new tax or modifying the rate or base of an existing tax.
Laws whose entry into force cannot suffer any delay may be declared urgent by a decision of the Grand Council by a two-thirds majority of the votes cast, abstentions not being taken into consideration, but at least by a majority of its members. These laws come into force immediately.
If a referendum is requested, the law becomes void one year after its entry into force, unless it has been accepted by the electorate in the meantime. The voided law cannot be renewed under the emergency procedure.
The municipal council can be requested to deliberate on a specific matter by: a) 10% of those holding political rights in municipalities with fewer than 5,000 holders of political rights; b) 5% of those holding political rights, but at least 300 of them, in municipalities with 5,000 to 30,000 holders of political rights; c) 3% of those holding political rights, but at least 1,800 and at most 2,400 of them, in municipalities with more than 30,000 holders of political rights.
The law defines the areas in which the right of initiative may be exercised.
Articles 58 and 59 are applicable.
The validity of the initiative is examined by the Council of State.
An initiative that does not respect the unity of matter is divided or declared partially null, depending on whether its different parts are valid in themselves or not. Failing that, or if the lack of respect for the unity of matter was immediately evident, the initiative is declared null.
An initiative of which a part is not in conformity with the law is declared partially null if the remaining part or parts are valid in themselves. Failing that, the initiative is declared null.
The municipal council shall make a decision on the initiative.
If it accepts the initiative, it shall implement it through a resolution.
If it rejects the initiative, it may propose a counterproject.
The law regulates the procedure in such a way as to respect the following deadlines from the acknowledgment of the successful conclusion of the initiative: a) no more than 4 months to rule on the validity of the initiative; b) no more than 12 months to rule on the consideration; c) no more than 24 months for the entire procedure if the municipal council has accepted an initiative or decided to propose a counter-project.
These deadlines are mandatory. In the event of an appeal, they are suspended until a final judgment is reached.
An initiative rejected by the municipal council is submitted to the electorate if it is not withdrawn.
An initiative that has not been processed following the expiration of the period prescribed in Art. 74, para. 1, lit. b or c, is submitted to the electorate.
The municipal council's counterproposal to an initiative is submitted to the electorate if the initiative is not withdrawn. The electorate independently opines on both the initiative and the counterproposal, and then indicates its preference between the two by answering a subsidiary question.
If the electorate approves an initiative or an unformulated counterproposal, the municipal council is obliged to adopt a conforming resolution within a period of twelve months.
The deliberations of the municipal councils are submitted to the communal electoral body if the referendum is requested by: a) 10% of the holders of political rights in municipalities with fewer than 5,000 holders of political rights; b) 5% of the holders of political rights, but at least 300 of them, in municipalities with 5,000 to 30,000 holders of political rights; c) 3% of the holders of political rights, but at least 1,800 and at most 2,400 of them, in municipalities with more than 30,000 holders of political rights.
Art. 68 is applicable.
A referendum is excluded against the communal budget taken as a whole.
It may only be requested against budgetary provisions that introduce a new revenue or expenditure or that modify the rate of a tax or the amount of an expenditure from the previous fiscal year.
Deliberations whose execution cannot suffer any delay may be declared urgent by a decision of the municipal council, with a two-thirds majority of the votes cast, abstentions not being taken into consideration, but at least a majority of its members.
If a referendum is requested against a deliberation concerning a regulation or an ordinance of a general nature, the deliberation becomes void one year after its entry into force, unless it has been accepted by the electorate in the meantime. The voided deliberation cannot be renewed according to the emergency procedure. The referendum is excluded against other deliberations declared urgent.
The Grand Council exercises the legislative power.
The Grand Council is composed of 100 deputies.
It is elected every five years, alternating with municipal elections, using the proportional representation system.
The Grand Council comprises substitute deputies.
The mandate of a member of the Grand Council is incompatible with: a) a mandate in the National Council or the Council of States; b) any elective mandate abroad; c) a position within the judiciary and the Court of Auditors.
It is also incompatible with the following functions: a) collaborator of the immediate entourage of the members of the Council of State and the chancellor; b) collaborator of the general secretariat of the Grand Council; c) senior executive of the cantonal administration and autonomous public law institutions.
Members of the Grand Council freely exercise their mandate. They disclose their connections to interest groups.
They refrain from participating in the debate and vote on a matter in which they have a conflict of interest or when they have collaborated in the drafting of the proposal or the position of the Council of State as a member of the cantonal administration.
Members of the Grand Council and the Council of State may speak freely before the parliament. They incur no legal liability for the statements they make there, except for exceptions provided by law.
The Grand Council meets regularly in ordinary session.
It meets in extraordinary session at the request of 30 of its members or the Council of State.
Members of the Council of State attend the sessions and may participate in the debates.
The sessions are public. The Grand Council may sit in private to deliberate on a specific matter.
The Grand Council elects from among its members, for a duration set by law, its president and the other members of its office.
Each parliamentary group is represented in the office.
The Grand Council has its own administrative resources.
The Council of State provides the Grand Council with all the information necessary for the performance of its functions.
The Grand Council establishes commissions to prepare its debates. The law limits their number.
It may delegate certain decisions to the commissions by legislative means. It can always call up a specific matter.
The commissions have the necessary personnel and technical means required to accomplish their mission.
They may gather information, consult documents, conduct investigations, and obtain the active cooperation of the executive authority.
The Grand Council enacts laws.
Each member of the Grand Council exercises their right of initiative by presenting a draft law, a motion, a resolution, a postulate, or a written question.
The legislative procedure applies to constitutional amendments.
The opinion of the Council of State is required in all cases where the Grand Council is called upon to make decisions on external relations and federal affairs.
The Grand Council authorizes by legislative means the ratification of intercantonal agreements.
Intercantonal agreements are subject to periodic evaluation.
This article does not apply to intercantonal agreements concerning regulatory matters.
The Grand Council exercises high supervision over the Council of State, the administration, and the cantonal public law institutions, as well as over the management and administration of the judiciary and the Court of Auditors.
The criminal prosecution of members of the Council of State, the judiciary, and the Court of Auditors for offenses committed in the exercise of their functions is subject to prior authorization from the Grand Council.
The Grand Council adopts the annual budget, authorizes expenditures, and approves the annual accounts. It sets taxes.
When adopting the budget, the Grand Council cannot exceed the total amount of expenditures listed in the submitted proposal without concurrently providing for the financial coverage of this excess. Borrowing cannot be considered as financial coverage.
The Grand Council approves by legislative means the alienation of any real estate owned by the State or a public legal entity to natural or legal persons other than public legal entities.
Exceptions are made and subject to the approval of the Council of State: a) the alienation of real estate owned by Industrial Services, municipalities, or communal public law foundations; b) exchanges and transfers resulting from land use planning operations, land consolidation, road projects, or other projects declared to be of public utility.
The alienation of real estate owned by the Cantonal Bank is not subject to authorization.
The Grand Council exercises the right of pardon.
An application for pardon concerning the same conviction may be renewed.
The Grand Council may grant general or particular amnesty by legislative means.
The Council of State exercises the executive power.
The Council of State is composed of seven State Councilors.
It is elected every five years using the majority system. The first round takes place simultaneously with the election of the Grand Council.
The mandate of a member of the Council of State is incompatible with: a) any other elective mandate; b) any other gainful activity.
An enterprise of which a member of the Council of State is an owner or in which they exercise, either directly or through an intermediary, a predominant influence, cannot have direct or indirect business relations with the State.
The members of the Council of State freely exercise their mandate. They disclose their affiliations with interest groups.
The Council of State is a collegial authority.
It appoints each year from among its members its president and vice-president.
These mandates are not renewable the following year. The outgoing president is not eligible for the vice-presidency the following year.
The Council of State organizes the cantonal administration into departments and directs it.
Any modification to the composition of the departments is submitted for approval to the Grand Council. The latter determines its position by way of a resolution at the session following the proposal of the Council of State.
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The Council of State presents its legislative program to the Grand Council within six months of taking office.
The Grand Council makes its determination by way of resolution within a period of two months.
At the beginning of each year, the Council of State presents a report to the Grand Council on the progress of the legislative program.
It may amend the program during the legislative term. It informs the Grand Council accordingly.
The Council of State ensures a long-term analysis, beyond the legislative term.
Each year, the Council of State presents to the Grand Council the budget of revenues and expenditures. It reports on the state of finances and the activities of the administration.
The State Council directs the preparatory phase of the legislative procedure.
It may present draft laws, amendments, and proposals to the Grand Council.
In its reports to the Grand Council, it highlights the long-term economic, financial, ecological, and social consequences of the legislative projects.
It promulgates the laws. It is responsible for their execution and adopts the necessary regulations and decrees for this purpose.
When the Grand Council adopts a bill that was not submitted by the State Council, the latter may, before promulgating the law, re-submit it to the Grand Council with its observations within a six-month period. If, after further deliberation, the Grand Council adopts the previously elaborated bill, the State Council promulgates the law.
The municipalities, political parties, and representative circles are invited to express their views during the preparatory work concerning significant legislative acts and intercantonal agreements, as well as on other projects of great scope.
The Council of State conducts the foreign policy of the canton.
It submits an action plan to the Grand Council for the duration of the legislature.
The Council of State is responsible for security and public order. It may only employ bodies organized by law for this purpose.
It may seek the support of the army, other federal services, or other cantons for civil purposes.
In the event of a disaster or other extraordinary situation, the Council of State shall take the necessary measures to protect the population. It shall inform the Grand Council thereof.
If it is able to convene, the Grand Council shall acknowledge the extraordinary situation.
Measures taken in a state of necessity remain valid when approved by the Grand Council. Otherwise, they cease to have effect after one year at the latest.
The State Chancellery is under the authority of the President of the Council of State. It serves all departments and ensures the cross-departmental flow of information.
The Council of State appoints the Chancellor.
The Chancellor directs the State Chancellery and has an advisory voice during the sessions of the Council of State.
Art. 103 is applicable.
An independent mediation body is competent to handle disputes between the administration and citizens in an extrajudicial manner.
The Grand Council elects the person responsible for the mediation body after consulting the Council of State for the duration of the legislative term.
Each member of the Council of State may be removed through a resolution adopted by the Grand Council, when, due to their conduct, they are no longer capable of maintaining sufficient confidence from the electorate to fulfill their duties.
The proposal for a resolution of removal must be signed by at least 40 members of the Grand Council, adhering to the proportional representation of the groups in plenary session.
The resolution of removal must be approved by a three-quarters majority of the votes cast, abstentions not being considered, but at least by a majority of the members of the Grand Council.
If the resolution of removal is accepted by the electorate, the mandate of the concerned member of the Council of State ends as soon as the result of the electoral operation is validated.
Bearing a predominantly political nature and being adopted by the Grand Council, before being submitted to a mandatory referendum, the resolution of removal is not subject to cantonal appeal.
The law may provide a mechanism for the removal of a member of the Council of State in the event of a permanent incapacity to perform their duties.
In the case mentioned in the preceding paragraph, the removal is not subject to the electorate and may be subject to cantonal appeal.
The judicial power is exercised by: a) the Public Prosecutor's Office; b) the courts in constitutional, administrative, civil, and criminal matters.
Special tribunals are prohibited.
Justice is administered with diligence.
The autonomy of the judiciary is guaranteed.
Judges are independent.
The publicity of hearings and judgments is guaranteed. The law provides for exceptions.
The judgments of the second-instance courts may include separate opinions.
The State encourages mediation and other forms of alternative dispute resolution.
The judiciary prepares its annual operating budget, which is included in the cantonal budget under a specific heading, as well as its accounts and a management report. These are submitted for approval to the Grand Council.
The magistrates of the judiciary are elected every six years through the majority voting system.
Apart from general elections and the creation of new jurisdictions, the law may provide for their election by the Grand Council.
The labor court judges are elected by the Grand Council. The election is on a parity basis and by professional groups. Foreign individuals who have exercised their professional activity in Switzerland for at least eight years, with at least the last year in the canton, are eligible.
The Constitutional Court: a) upon request, reviews the compliance of cantonal norms with higher law; the law defines the standing to act; b) addresses disputes related to the exercise of political rights in cantonal and communal matters; c) resolves jurisdictional conflicts between authorities.
The judges of the judiciary are subject to the supervision of the Higher Council of the Judiciary.
The law may assign functions of the Higher Council of the Judiciary to an inter-cantonal body.
The High Council of the Judiciary is composed of seven to nine members. It may include substitute members. The law determines their method of appointment.
A minority of its members are from the judiciary.
Before each election of the judiciary, the Superior Council of the Judiciary evaluates the competencies of the candidates. It issues a preliminary opinion.
The Court of Auditors ensures an independent and autonomous control of the cantonal administration, communes, public law institutions, and private entities that are subsidized or in which public authorities exercise a predominant influence.
The audits conducted by the Court of Auditors are carried out at its discretion and are the subject of public reports, which may include recommendations. These reports are communicated to the Council of State, the Grand Council, as well as to the audited entity.
The Court of Auditors exercises its control according to the criteria of legality of activities, regularity of accounts, and the proper use of public funds. It is also tasked with evaluating public policies.
The Court of Audit is elected every six years using the majority system.
The Court of Auditors prepares its annual operating budget included in the cantonal budget under a specific heading, as well as its accounts and management report. These are submitted for approval to the Grand Council.
No one may invoke the duty of confidentiality against the Court of Auditors. Tax secrecy and other confidentiality obligations established by law are preserved.
The Court of Auditors may request the lifting of the confidentiality obligations provided by law through a reasoned request that sets the limits and purposes of the investigation.
The municipalities are territorial public entities endowed with legal personality.
Their autonomy is guaranteed within the limits of the constitution and the law.
The allocation of responsibilities is governed by the principles of proximity, subsidiarity, transparency, and efficiency.
The law determines the responsibilities assigned to the canton and those that fall to the municipalities. It defines joint responsibilities and complementary responsibilities.
The canton assumes responsibilities that exceed the capacity of the municipalities.
The municipalities encourage the population to participate in the development of municipal planning and decisions. The authorities report on this in the reasoning of their decisions.
The canton takes into account the consequences of its activities for the municipalities.
It establishes a consultation process with the municipalities from the beginning of the planning and decision-making procedure.
For the purpose of fulfilling their tasks, municipalities may collaborate with each other, as well as with neighboring communities located across cantonal or national borders.
The law defines the instruments of intercommunal collaboration.
It guarantees democratic control of intercommunal structures. It may provide for the exercise of popular initiatives and referendums at the intercommunal level.
The municipalities are subject to the supervision of the Council of State, which ensures that they exercise their powers in accordance with the law.
The canton encourages and facilitates the merger of municipalities.
For this purpose, it takes incentive measures, including financial ones.
A merger may be proposed by the communal authorities, by a popular initiative, or by the canton.
The merger, division, and reorganization of communes are subject to the approval of the electorate of each commune concerned. A majority in each commune is required.
The municipal council is the deliberative authority of the commune.
The law determines the number of members of the municipal council based on the population of the commune.
The municipal council is elected every five years through a proportional representation system.
The municipal executive is a collegial authority that organizes itself freely.
It is composed of: a) an administrative council of five members in municipalities with more than 50,000 inhabitants; b) an administrative council of three members in other municipalities. c) ...
It is elected every five years using a majority system. The first round takes place simultaneously with the municipal council election.
No one may be both a member of the municipal council and of the communal executive at the same time.
The mandate of a member of the municipal council is incompatible with the following positions: a) collaborator or associate of the immediate entourage of the executive members; b) senior management of the communal administration.
The mandate of a member of the communal executive is incompatible with a position within the communal administration. The law determines other incompatibilities.
The distribution of financial responsibilities takes into account the principle that each task is financed by the public authority that is responsible for it and that benefits from it.
Furthermore, the provisions of Chapter II of Title VI are applicable.
The Republic and Canton of Geneva is open to Europe and the world.
In the implementation of its foreign policy, it collaborates closely with the Confederation, other cantons, and neighboring regions. It encourages initiatives from municipalities, as well as partnerships between public and private actors.
The rights of democratic participation are guaranteed.
The regional policy aims for the sustainable, balanced, and united development of the Franco-Vaud-Geneva region.
The canton promotes a permanent, coherent, and democratic cross-border institutional collaboration with the participation of public authorities, socio-economic circles, and associations.
The State supports Geneva's international vocation as a center for dialogue, decision-making, and international cooperation, founded on humanitarian tradition and law, as well as on the values of peace and solidarity.
It pursues a policy of international solidarity supporting the protection and realization of human rights, peace, humanitarian action, and development cooperation.
To these ends, it takes all useful initiatives and provides resources, in coordination with the Confederation.
The State offers favorable hosting conditions to international cooperation actors.
It facilitates the development of centers of expertise and promotes interactions, research, and training.
It supports measures of hospitality, consultation, awareness, and education to ensure good understanding within the population.
The tasks of the State are carried out by the canton and, in accordance with the constitution and the law, by the municipalities and public law institutions.
The State performs its tasks with diligence, efficiency, and transparency.
It organizes itself in a structured manner. It defines the responsibilities of its agents and relies on their autonomy and skills.
The State shall take measures to enable every person: a) to provide for their needs and those of their family through appropriate work carried out under fair conditions; b) to receive necessary assistance when in need, particularly due to age, illness, or disability.
It combats threshold effects that may hinder incentives and integration measures.
The public service is responsible for tasks for which an intervention by the public authorities is necessary.
The State periodically evaluates the relevance, effectiveness, and efficiency of its actions.
It ensures that the financial consequences of its activities are managed.
The State establishes a comprehensive financial planning.
The management of public finances is economical and efficient.
As a general rule, the State balances its operating budget.
It takes into account the economic situation and maintains counter-cyclical reserves. Deficits must be compensated in the medium term.
The budget and accounts of the canton, municipalities, and public law institutions are published.
The State administers, conserves, protects, and develops the public heritage.
The resources of the State include notably: a) taxes and other contributions; b) income from its assets; c) subsidies from the Confederation and third parties; d) donations and legacies.
The State may resort to borrowing.
The principles governing the tax system are legality, universality, equality, and economic capacity.
The taxes on individuals are designed to accommodate economically weak persons, to maintain the incentive to engage in gainful employment, and to encourage individual savings.
The taxes on legal entities are structured to preserve their competitiveness, taking into account the efforts they undertake to maintain and develop full employment.
The State acts in favor of reducing intercantonal tax competition.
The State combats tax fraud, evasion, and deception.
The cantonal implementation of federal tax reforms adheres to the following principles: a. preservation of the financing of public services and benefits to the population; b. maintenance of the level of cantonal and communal tax revenues; c. strengthening the progressivity of the tax system.
The State controls its indebtedness and maintains it at a level that does not threaten the interests of future generations. A deficit operating budget can only be approved by a majority of the members of the Grand Council. The State periodically verifies that the services it provides and the subsidies it grants are effective, necessary, and financially sustainable. It discontinues services and subsidies that do not meet these conditions.
The State protects human beings and their environment.
It combats all forms of pollution and implements the principles of prevention, precaution, and the allocation of costs to polluters.
The exploitation of natural resources, notably water, air, soil, subsoil, forests, biodiversity, and the landscape, must be compatible with their sustainability.
The State implements policies aimed at reducing greenhouse gases.
The supply of water is guaranteed in sufficient quantity and quality. This resource must be preserved and conserved.
Subject to validly constituted private rights, the lake, watercourses, principal and deep water aquifers, as defined by law, are public domain assets and must be safeguarded.
The State shall protect nature and the landscape.
It shall define protected areas and promote their interconnectivity.
The State respects the principles of industrial ecology.
It implements a policy of source reduction of waste, particularly those most harmful to the environment.
Hunting of mammals and birds is prohibited. Official wildlife regulation measures are reserved.
The State ensures that land use planning respects the principles of a compact, multipolar, and green agglomeration. It preserves usable agricultural land and protected areas.
It organizes the territory with a cross-border regional perspective and promotes social and intergenerational diversity.
It ensures a rational use of the land by optimizing the density of urbanized areas.
The State guarantees the development of local spaces dedicated to sports, culture, and leisure activities.
The State promotes the development of sustainable neighborhoods.
The State ensures free access to the shores of the lake and waterways while respecting the environment and the overriding public and private interests.
The State's energy policy is based on the following principles: a) the supply of energy; b) the achievement of energy savings; c) the priority development of renewable and indigenous energies; d) respect for the environment; e) the encouragement of research in these fields.
Public entities and institutions are bound by the objectives of this section, especially regarding their investments and in the use of their social rights.
Collaboration between the State and private enterprises is encouraged to achieve these objectives.
The supply and distribution of water and electricity, as well as the disposal and treatment of wastewater, constitute a cantonal monopoly to the extent permitted by federal law.
The thermal energy distributed and supplied by the structuring thermal networks, as well as the deployment of the latter, also constitute a cantonal monopoly to the extent permitted by federal law.
These monopolies may be delegated to an institution of public law. This institution also offers other services related to industrial services, notably the provision of gas and thermal energy in non-structuring networks, as well as waste treatment.
It purchases, under appropriate conditions, renewable energy produced by individuals or companies.
It does not apply decreasing tariffs that are not in line with the State’s energy policy objectives.
The cantonal authorities shall oppose by all means at their disposal and within the limits of their competencies to the installations of nuclear power plants, radioactive waste depositories, and reprocessing plants on the territory and in the vicinity of the canton. For installations that do not meet these location conditions, the opinion of the canton is given by the Grand Council in the form of a law.
The canton has the exclusive right to exploit the subsoil and geothermal energy.
It may exercise this right itself or entrust it to third parties.
The State guarantees access to the healthcare system and medical care.
It is responsible for comprehensive health planning and meeting needs in terms of hospital and outpatient care, medical establishments, care and medical-social facilities, as well as home care and assistance.
The rights of patients are guaranteed.
The State takes measures to promote health and prevention. It ensures to reduce the impact of environmental and social factors that are detrimental to health.
It supports the diversification of health services and a comprehensive approach to patient care.
It coordinates the actors of the health system and encourages their collaboration to offer quality services with a focus on efficiency.
Care is provided by duly qualified members of the health professions.
The State is responsible for overseeing their training and activities. This responsibility cannot be delegated.
The State supports the efforts of caregivers.
Public medical institutions provide, according to their specificities, services in care, teaching, and research.
The operating deficit of public medical institutions is covered by a subsidy allocated each year in the State's budget.
The Geneva Institution for Home Maintenance (IMAD), a public law entity, provides services for home maintenance and the autonomy of individuals.
The IMAD's operational deficit is covered by a subsidy allocated annually in the State's budget.
The State guarantees the free choice of healthcare professional.
Smoking is prohibited in indoor or enclosed public places, particularly those that require an operating license.
Dangerous dogs or those from so-called attack breeds, as well as their crossbreeds, are prohibited within the territory of the canton.
The State shall take measures to enable every person to find, for themselves and their family, suitable housing at affordable conditions.
It shall implement a social housing policy that is both incentive-based and cooperative.
To combat the shortage, it shall encourage the sufficient production of housing that meets the diverse needs of the population.
It shall actively pursue a policy of providing affordable housing that addresses the predominant needs of the population.
It shall combat land speculation.
The cantonal master plan provides for the sufficient availability of buildable land and appropriate densification.
Regulations regarding declassification, construction, transformation, and renovation provide for simple procedures allowing for the rapid realization of projects.
The search for energy-efficient construction solutions is encouraged.
The State pursues an active policy of land acquisition, particularly with a view to constructing public utility housing through public law institutions or non-profit organizations, such as housing cooperatives.
The State encourages access to home ownership.
The canton financially assists municipalities that accommodate new housing, particularly those of public utility.
It supports the construction of new infrastructure.
The State shall take appropriate measures to return unoccupied housing, kept vacant for speculative purposes, to the market.
It ensures the establishment of a permanent base of social housing.
It takes measures to prevent individuals from being without housing, particularly in cases of forced eviction.
The State ensures security and public order.
The canton holds the monopoly on public force.
The law regulates the delegation of limited police powers to qualified municipal personnel.
Conflicting situations are prioritized to avoid or limit the use of force. The persons concerned are obliged to cooperate.
The State creates a favorable environment for a free, responsible, diversified, and supportive economy.
It aims for full employment.
It encourages the creation and maintenance of innovative, dynamic enterprises that generate employment and wealth, oriented towards the long term and according to the needs of the region.
The State conducts an active employment policy and takes measures to prevent unemployment. It promotes professional reintegration.
It encourages social dialogue and the conclusion of collective labor agreements.
The State encourages a diverse, high-quality agriculture that is environmentally friendly and locally oriented.
The State takes measures to reduce the risks associated with the use of phytosanitary products. It encourages the development of alternative methods to limit their use, particularly through economic or technical support.
It promotes the agricultural products of the canton.
It supports education and employment in agriculture.
The State ensures the information and protection of consumers.
The Cantonal Bank of Geneva is a public limited company under public law, with the purpose of contributing to the economic development of the canton and the region.
The canton and the municipalities hold the majority of the voting rights attached to the bank's share capital.
The State develops a comprehensive mobility policy by coordinating land-use planning, energy, environmental protection, and traffic policies.
It facilitates movement by aiming for complementarity, safety, and fluidity among various public and private modes of transport.
It guarantees individual freedom in the choice of mode of transport.
It encourages soft mobility.
The State develops the public transportation network and services at the agglomeration level.
It promotes the use of environmentally-friendly public transportation.
It ensures that these services are accessible to the entire population and meet their predominant needs.
An autonomous public law institution manages the public transportation services.
The Geneva International Airport is a public law institution.
Within the framework defined by the Confederation and within the limits of its competences, the State takes into account the urban character of the airport and seeks a balance between its importance for economic, social, and cultural life and the limitation of nuisances for the population and the environment.
The State specifically takes all appropriate measures to limit nuisances caused by air traffic, notably noise, atmospheric pollution, and greenhouse gas emissions, and to implement the principles of performing public tasks, as defined in this constitution, concerning environmental protection, spatial planning, and health promotion.
Geneva International Airport reports to the cantonal and communal authorities on how the aforementioned objectives are planned and then implemented in accordance with the framework and limits defined by the Confederation. It specifically submits a regular report to the Grand Council for approval concerning the actions undertaken and the main medium and long-term objectives.
The canton engages in long-term planning and develops the necessary infrastructure for the agglomeration's growth.
The design and implementation of communication routes, public transport infrastructure, and soft mobility accompany construction projects dedicated to housing, employment, commerce, and leisure.
The State may enter into partnerships with the private sector.
To combat the congestion of communication routes, enhance the region's prosperity, and improve the quality of life, the canton undertakes a Lake Crossing to complete the bypass of Geneva.
To expedite its completion, a partnership with the private sector is considered alongside the funding method provided by the Confederation.
The State takes accompanying measures. In particular, it leverages the Lake Crossing to develop the shores with the concerned municipalities, reduce nuisances in urbanized areas, enhance the efficiency of public transportation, promote soft mobility, and create new public spaces.
The State organizes and finances public, secular, and quality education.
The main purposes of public education are
a) the transmission and acquisition of knowledge and skills;
b) the promotion of humanist values and scientific culture;
c) the development of civic and critical thinking.
Education is compulsory until at least the age of majority.
After compulsory schooling, it may take place in the form of teaching or in a professional environment.
The State facilitates access to education and promotes equal opportunities.
It combats illiteracy and lack of literacy.
Higher education is provided by the University and the specialized higher education institutions. These institutions aim for a high level of quality and international recognition. They promote interdisciplinarity. They contribute to the development of the scientific, cultural, economic, and social life of the community.
The State supports fundamental and applied research.
The State supports continuing education and professional development.
Private institutions contribute to the provision of education. The law governs their authorization and oversight.
The provision of daytime care places for preschool-aged children is adapted to meet the needs.
The canton and the municipalities organize preschool care.
They assess the needs, plan, coordinate, and promote the creation of daycare places.
The canton is responsible for the supervision of daytime care facilities.
The municipalities or groups of municipalities finance the construction and maintenance of day-care facilities.
The canton and the municipalities or groups of municipalities fund their operation after deducting the contributions from parents and any other possible revenue.
The canton and the municipalities encourage the creation and operation of private day-care facilities, particularly corporate crèches.
They promote the development of partnerships between public and private actors.
The State is responsible for extracurricular care.
Children who attend compulsory education in public schools benefit from all-day continuous care on each school day.
The State implements a family policy. It recognizes the social, educational, and economic role of families.
It sets the minimum family allowances.
It guarantees, in addition to federal legislation, an insurance of at least sixteen weeks in case of maternity or adoption.
The State takes into account the requirements of intergenerational solidarity in the definition of its policies and in its actions.
The State implements a youth policy that takes into account the needs and interests of children and young people, particularly in the areas of education, employment, housing, and health.
It promotes access for children and young people to artistic education and culture.
It encourages them to engage in sports.
The State takes into account the aging of the population.
It addresses the needs of seniors, particularly in the areas of home care, medical-social establishments, leisure activities, associative activities, and volunteering.
The State promotes the economic and social integration of persons with disabilities. In new constructions, housing and workplaces are made accessible and adaptable to the needs of persons with disabilities. During renovations, their needs are taken into appropriate consideration.
The State facilitates the reception, participation, and integration of foreign persons.
It facilitates their naturalization. The procedure is simple and swift. It can only give rise to a fee intended to cover the costs.
The State recognizes and supports the role of associations and volunteering in community life.
It respects the autonomy of associations.
It may enter into partnerships for activities of general interest.
The State takes care of individuals in need.
It encourages foresight and mutual aid, combats the causes of poverty, and prevents situations of social distress.
It ensures the integration of vulnerable individuals.
Social assistance is intended for individuals who face difficulties or lack the necessary means to meet their vital and personal needs.
It is subsidiary to other federal, cantonal, or communal social benefits and those of social insurance.
The State implements social action and assistance in collaboration with public and private institutions.
The General Hospice is an autonomous public law institution.
It is responsible for social assistance, particularly financial aid, support, and reintegration. The law may assign it other tasks.
The General Hospice retains its assets, which remain separate from those of the canton and cannot be diverted from their intended purpose.
The income from its assets and its other resources are used to carry out its tasks.
The canton guarantees the services of the General Hospice. It provides the means for it to fulfill its tasks and covers its budgetary deficits with an appropriation included each year in the cantonal budget.
The State promotes artistic creation and cultural activity. It guarantees their diversity, accessibility, and education. It encourages cultural exchanges.
To this end, it provides appropriate means, spaces, and instruments for work.
The canton coordinates a coherent cultural policy throughout the territory, in consultation with the municipalities. Cultural actors are consulted.
The canton and the municipalities develop and implement a co-financing strategy for artistic creation and cultural institutions.
The State ensures the conservation and enhancement of cultural heritage.
It may contribute to the costs of conservation and renovation of protected religious buildings.
Ecclesiastical buildings whose ownership has been transferred to the Churches by the municipalities shall retain their religious purpose. They cannot be disposed of for valuable consideration. The law may provide for exceptions.
The temple of Saint-Pierre is owned by the Protestant Church of Geneva. The State uses it for official ceremonies.
The State promotes the population's access to diverse leisure activities.
It encourages and supports sports in their educational, popular, and high-level practices.
The State recognizes the importance of diversified information and encourages media plurality.
It promotes access to digital information. It cannot disrupt, manipulate, or prevent it.
The Council of State organizes an internal control within each department. The municipalities and public law institutions do the same.
An internal audit body covers the entire cantonal administration. Administratively attached to the Council of State, it freely defines its subjects of investigation. Its reports are communicated to the Council of State and the competent committees of the Grand Council.
The law defines the municipalities and public law institutions that must establish such a body.
The external control of the State is ensured by the Court of Auditors.
The audit of the State's accounts is ensured by the Court of Auditors.
Art. 131 applies by analogy to internal control and auditing, as well as to the revision of the State's accounts.
The present constitution comes into force on June 1, 2013.
Art. 229, para. 2, and Art. 231 come into force upon approval of the present constitution by the electorate.
The constitution of the Republic and Canton of Geneva dated May 24, 1847, is repealed.
The provisions of the former law that are contrary to the directly applicable rules of this constitution are repealed.
For the remainder, the former law remains in effect as long as the implementing legislation required by this constitution has not been enacted.
The legislative amendments required by this constitution shall be adopted without delay, but no later than within five years from its entry into force.
To this end, the Council of State shall submit a legislative program to the Grand Council before January 1st, 2014.
The authorities elected before the entry into force of the present constitution shall complete their mandate in accordance with the former law.
Their renewal is governed by the new law.
Pending the enactment of an implementing law, the judicial authority competent in matters of adult protection may suspend political rights pursuant to Art. 48, para. 4. It shall decide on the extent of the suspension.
Persons deprived of political rights at the time of the entry into force of this constitution shall remain so until a decision by a judicial authority, but for no longer than three years. They may at any time contact the authority referred to in the preceding paragraph or the judicial authority designated by the implementing law, which shall decide on the suspension or non-suspension of political rights and, if applicable, on its extent.
Persons deprived of political rights at the time of the entry into force of the constitutional law of November 29, 2020, shall immediately recover these rights.
The former law applies to popular initiatives whose launch was published before the entry into force of this constitution.
Pending constitutional initiatives are to be transformed by the Grand Council into a draft revision of the present constitution.
The former law applies to referendum requests concerning acts adopted before the entry into force of the present constitution.
The legislation referred to in Art. 67, para. 2, let. b, comprises, at the entry into force of the present constitution, the following laws: a) the law on judicial organization, of September 26, 2010, insofar as it concerns the conciliation commission in matters of leases and rents or the competencies and composition of the Court and the chamber for leases and rents, namely Art. 1, let. b, sec. 2 and 3, 83, para. 3 and 4, 88 to 90, 117, para. 3, 121 and 122; b) the law organizing the conciliation commission in matters of leases and rents, of November 28, 2010; c) the general law on housing and tenant protection, of December 4, 1977; d) the law on demolitions, transformations, and renovations of residential houses (support measures for tenants and employment), of January 25, 1996; e) the law on land use plans, namely Art. 15A to 15G of the law on the expansion of communication routes and the development of neighborhoods or localities, of June 26, 1983; f) Art. 10, 17, para. 1, and 26 of the implementing law of the Swiss civil code and other federal laws in civil matters, of November 28, 2010.
No later than 30 days before the entry into force of this constitution, the Council of State shall determine the number of signatures required for the success of an initiative or a referendum request in accordance with Art. 56, para. 1, 57, para. 1, 67, para. 1, 71, para. 1, and 77, para. 1.
The election of the Grand Council and the first round of the election of the Council of State take place in October 2013, at the end of the current legislature.
The following elections occur between the month of March and the month of May 2018.
As long as implementing legislation has not been adopted, deputy members are elected according to the following principles: a) each list that has obtained seats is entitled to a number of deputy members corresponding to one-third of the number of its seats; b) those elected as deputy members are the candidates who received the most votes after the last elected candidate on the list; c) in the event of absence during a plenary session or committee meeting, a member of the Grand Council may be replaced by a deputy member.
The first renewal of the Higher Council of the Judiciary occurring after the entry into force of the present constitution shall be subject to the former law if the implementing legislation has not been adopted in the meantime.
The Grand Council shall adopt the implementing provisions of Art. 138 and 139 within a period of three years from the entry into force of the present constitution.
The offer of daytime care places is adapted to meet the needs within a period of four years from the entry into force of this Constitution.
The minutes of the committees of the Constituent Assembly are public.