Legislator Case Law & Legislation
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Constitution of the Canton of Fribourg (Cst.) - Canton of Fribourg (KV)

154 Articles / Provisions · Switzerland · Canton of Fribourg
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Table of Provisions (154)

Art. 1 CC Art. 2 KV - Territory, Capital, and Coat of Arms Art. 3 KV - State Objectives Art. 4 KV - Principles of State Action Art. 5 KV Art. 6 KV - Languages Art. 7 KV - Obligations Art. 8 KV - Human Dignity Art. 9 KV - Equality Before the Law Art. 10 KV - Prohibition of Arbitrariness, Good Faith Art. 11 KV Art. 12 KV - Privacy Art. 13 KV - Marriage and Family Art. 14 KV - Other Unions Art. 15 KV Art. 16 KV - Establishment Art. 17 KV - Language Art. 18 KV - Primary School Education Art. 19 KV Art. 20 KV - Media Art. 21 CoK Art. 22 KV - Science Art. 23 KV - Associations Art. 24 KV Art. 25 KV - Petition Art. 26 KV - Economy Art. 27 KV - Freedom of Coalition Art. 28 KV - Property Art. 29 KV - Procedure - In General Art. 30 KV Art. 31 KV Art. 32 KV - Procedure - Criminal Proceedings Art. 33 KV - Maternity Art. 34 KV Art. 35 KV - Elderly People Art. 36 KV - Emergencies Art. 37 KV - Validity Art. 38 KV Art. 39 KV - Eligible Voters Art. 40 KV - Elections Art. 41 KV - Popular Initiative - Subject Art. 42 KV - Popular Initiative - Form and Deadline Art. 43 KV Art. 44 KV Art. 45 KV - Referendum - Mandatory Referendum Art. 46 KV - Referendum - Optional Referendum Art. 47 KV Art. 48 KV Art. 49 KV Art. 50 KV Art. 51 KV Art. 52 KV Art. 53 KV - Principles - Distribution of Responsibilities between State and Municipalities Art. 54 KV - Principles - Fulfillment of Tasks by Third Parties Art. 55 KV - Material Security - Poverty, Unemployment, and Exclusion Art. 56 KV - Material Security - Housing Art. 57 KV - Economy - Promotion Art. 58 KV Art. 59 KV - Family - Principles Art. 60 KV Art. 61 KV Art. 62 KV - Relationships Between Generations Art. 63 KV - Vulnerable and Dependent Persons Art. 64 KV - Education - Primary School Instruction Art. 65 KV - Education - Secondary Schools and Research Art. 66 KV - Education - Adult Education Art. 67 KV - Education - Private Educational Institutions Art. 68 KV Art. 69 KV - Foreign Nationals Art. 70 KV - Humanitarian Aid and Development Cooperation Art. 71 KV - Environment and Space - Environment Art. 72 KV - Environment and Space - Spatial Planning Art. 73 KV - Environment and Space - Nature and Homeland Protection Art. 74 KV Art. 75 KV - Environment and Space - Disasters Art. 76 KV - Public Order and Safety Art. 77 KV Art. 78 KV Art. 79 KV - Culture Art. 80 KV - Sports and Leisure Art. 81 KV Art. 82 KV Art. 83 KV Art. 84 KV - Governance of Budget - Public Access and Supervision Art. 85 KV Art. 86 KV - Eligibility Art. 87 KV - Incompatibilities Art. 88 KV - Information Art. 89 KV - Freedom of Expression and Immunity Art. 90 KV Art. 91 KV Art. 92 KV - Enactments - Urgency Art. 93 KV Art. 94 KV Art. 95 KV Art. 96 KV - Meetings Art. 97 KV Art. 98 KV - Relations with the State Council Art. 99 KV Art. 100 KV Art. 101 KV Art. 102 KV Art. 103 KV - Competences - Elections Art. 104 KV - Competencies - General Supervision Art. 105 KV - Competences - Additional Competences Art. 106 KV - Composition and Election Art. 107 KV - Chairmanship Art. 108 KV - State Chancellery Art. 109 KV - Relations with the Grand Council Art. 110 KV - Competencies - In General Art. 111 KV Art. 112 KV - Powers - Planning Art. 113 KV - Competencies - Finances Art. 114 KV - Competences - External Relations Art. 115 KV - Competencies - Supervision of Municipalities Art. 116 KV - Competencies - Appointments Art. 117 KV - Powers - Extraordinary Circumstances Art. 118 KV - Administration Art. 119 KW Art. 120 KV - Principles - General Organization Art. 121 KV - Principles - Independence Art. 122 KV - Principles - Compliance with Superior Law Art. 123 KV - Civil, Criminal, and Administrative Jurisdiction Art. 124 CC Art. 125 KV - Judicial Council - Position Art. 126 KV - Judicial Council - Composition and Appointment Art. 127 KV Art. 128 KV - Judicial Council - Elections Art. 129 KV - Municipalities - Status Art. 130 KV Art. 131 KV - Municipalities - Bodies Art. 132 KV - Municipalities - Financial Regulation Art. 133 KV - Fiscal Equalization Art. 134 KV - Intermunicipal Cooperation Art. 135 KV - Mergers Art. 136 KV - Districts Art. 137 KV - Principles Art. 138 KV Art. 139 KV Art. 139a KV Art. 140 KV Art. 141 KV - Recognized Churches Art. 142 KV Art. 143 KV - Taxes Art. 144 KV - Total Revision Art. 145 CV Art. 146 KV - Commencement and Repeal of Previous Law Art. 147 KV - Transitional Law - Principles Art. 148 KV Art. 149 KV Art. 150 KV Art. 151 KV Art. 152 KV Art. 153 KV

Statutory Text (154 Articles)

General Provisions

1. The Canton of Fribourg is a liberal, democratic, and social constitutional state.

2. It is a canton of the Swiss Confederation.

General Provisions

1. The canton comprises the territory guaranteed to it by the Confederation.

2. The capital city is Fribourg, in French Fribourg.

3. The coat of arms is: Divided by black and white.

General Provisions

**1. The Objectives of the State are:**

a) the promotion of the common good;

b) the protection of the population;

c) the recognition and support of families as fundamental communities of society;

d) justice;

e) social security;

f) cantonal cohesion while respecting cultural diversity;

g) environmental protection;

h) sustainable development.

**2.** The State pursues these objectives in respect of the freedom and responsibility of individuals as well as the principle of subsidiarity.

General Provisions

1. Every act of the state is based on law, serves the public interest, and is proportionate.

General Provisions

1. The Canton of Fribourg collaborates with the Confederation and the cantons as well as with regional, national, and international organizations.

2. It promotes inter-cantonal and inter-regional cooperation.

General Provisions

1. French and German are the official languages of the canton.

2. Their use is regulated in respect of the principle of territoriality: the state and municipalities respect the traditional linguistic composition of the areas and take into account the native linguistic minorities.

3. The official language of the municipalities is either French or German. In municipalities with a significant native linguistic minority, both French and German can be official languages.

4. The state is committed to fostering understanding, good relations, and exchange between the cantonal language communities. It promotes bilingualism.

5. The canton promotes the relationships between the linguistic communities of Switzerland.

General Provisions

1. Every person has the obligations to fulfill that are imposed on them by the constitution and legislation.

2. They accept their shared responsibility towards themselves, other people, the community, and future generations.

3. The community acts in favor of the individual to supplement their own abilities.

Fundamental Rights and Social Rights - Fundamental Rights

1. Human dignity is inviolable.

Fundamental Rights and Social Rights - Fundamental Rights

1. All persons are equal before the law. No one shall be discriminated against.

2. Men and women have equal rights. In particular, they are entitled to equal pay for work of equal value. The state and municipalities shall ensure their legal and actual equality, notably in the family, education, and employment, and where possible, in access to public offices.

3. The state and municipalities shall implement measures to eliminate disadvantages faced by persons with disabilities and to promote their independence as well as their economic and social integration.

Fundamental Rights and Social Rights - Fundamental Rights

1. Every person has the right to be treated by state authorities without arbitrariness and in good faith.

Fundamental Rights and Social Rights - Fundamental Rights

1. Everyone has the right to life.

2. Every person has the right to personal liberty, in particular to physical and mental integrity as well as freedom of movement.

**Fundamental Rights and Social Rights - Fundamental Rights**

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

2. They are entitled to protection against the misuse of data concerning them.

Basic Rights and Social Rights - Basic Rights

1. The right to marry and to found a family is guaranteed.

Fundamental Rights and Social Rights - Fundamental Rights

1. The freedom to choose a communal life form other than marriage is recognized.

2. The right to register a partnership for same-sex couples is guaranteed.

Basic Rights and Social Rights - Basic Rights

1. Freedom of faith and conscience is guaranteed.

2. Every person has the right to freely choose their religion and philosophical beliefs and to individually or collectively profess them.

3. Every person has the right to join, belong to, or leave a religious community, and to attend religious instruction.

4. Coercion, abuse of power, and manipulation are prohibited.

Fundamental Rights and Social Rights - Fundamental Rights

1. The free choice of residence and place of stay is guaranteed.

Fundamental Rights and Social Rights - Fundamental Rights

1. Freedom of language is guaranteed.

2. Anyone who addresses an authority responsible for the entire canton can do so in the official language of their choice.

**Fundamental Rights and Social Rights - Fundamental Rights**

**1. The Right to Sufficient and Free Primary Education is Guaranteed.**

**Basic Rights and Social Rights - Basic Rights**

1. Freedom of opinion and freedom of information are guaranteed.

2. The right to information is guaranteed. Every person has the right to inspect official documents, provided there is no overriding public or private interest opposed.

**Fundamental Rights and Social Rights - Fundamental Rights**

1. The freedom of the media and the confidentiality of editorial sources are guaranteed.

2. Censorship is prohibited.

Fundamental Rights and Social Rights - Fundamental Rights

1. The freedom of art is guaranteed.

Fundamental Rights and Social Rights - Fundamental Rights

1. The freedom of academic teaching and research is guaranteed.

2. Scientists recognize their responsibility towards humans, animals, plants, and their living environments.

**Fundamental Rights and Social Rights - Fundamental Rights**

1. Every person has the right to form associations, to belong to them, and to participate in their activities. No one shall be compelled to do so.

**Fundamental Rights and Social Rights - Fundamental Rights**

1. Everyone has the right to organize and participate in assemblies and demonstrations. No one shall be compelled to do so.

2. Assemblies and demonstrations on public grounds may be subject to a permit by law.

3. Assemblies and demonstrations shall be permitted provided that the interests of other users are not disproportionately affected and an orderly conduct is ensured.

**Fundamental Rights and Social Rights - Fundamental Rights**

1. The right to petition is guaranteed. The addressed authority shall provide a reasoned response.

Fundamental Rights and Social Rights - Fundamental Rights

1. Economic freedom is guaranteed.

2. It particularly encompasses the free choice of occupation, as well as the free access to private-sector employment and its free exercise.

Fundamental Rights and Social Rights - Fundamental Rights

1. Employees, employers, and their organizations have the right to unite to protect their interests, form associations, and join or refrain from joining such associations.

2. Disputes should be resolved through negotiation or mediation whenever possible.

3. Strikes and lockouts are permissible when they pertain to labor relations and when there are no obligations to maintain industrial peace or to conduct arbitration negotiations.

4. The law may prohibit certain categories of persons from striking.

Fundamental Rights and Social Rights - Fundamental Rights

1. Property is guaranteed.

2. Expropriations and restrictions on property that are equivalent to expropriation shall be fully compensated.

**Fundamental Rights and Social Rights - Fundamental Rights**

1. The parties have the right to equal and fair treatment, as well as to assessment within a reasonable period.

2. They have the right to be heard legally.

3. Decisions must be justified in writing. The law governs the exceptions.

4. Any person who lacks the necessary means has the right to free legal assistance, provided their legal claim does not appear to be without prospect of success. Furthermore, they are entitled to free legal counsel, insofar as it is necessary to uphold their rights.

5. Due consideration must be given to the special situation of children, adolescents, and young adults.

Basic Rights and Social Rights - Basic Rights

1. Everyone has the right to have their legal disputes adjudicated by a judicial authority. By law, judicial adjudication can be excluded in exceptional cases.

Fundamental Rights and Social Rights - Fundamental Rights

1. Every person whose case must be adjudicated in a judicial proceeding is entitled to a competent, independent, and impartial tribunal established by law. Extraordinary courts are prohibited.

2. Court hearings and the pronouncement of judgments are public. The law may provide for exceptions.

Basic Rights and Social Rights - Basic Rights

1. Every person is presumed innocent until proven guilty by a final judgment.

2. Every accused person has the right to be informed promptly and in detail of the charges brought against them. They must be given the opportunity to exercise their defense rights.

3. Every convicted person has the right to have the judgment reviewed by a higher court.

**Fundamental Rights and Social Rights - Social Rights**

1. Every woman is entitled to benefits that ensure her material security before and after childbirth.

2. Maternity insurance covers the loss of earnings.

3. Non-working mothers receive benefits at least equivalent to the basic amount of the subsistence minimum; those who are employed part-time are entitled to benefits in proportion to their earnings.

4. Adoption is considered equivalent to birth, provided that the adopted child is not the spouse's child and to the extent that the age or condition of the child justifies it.

Basic Rights and Social Rights - Social Rights

1. Children and young people have a subsidiary right to assistance, encouragement, and care in addition to the role of the family on their way to becoming responsible individuals.

2. They have the right to special protection of their physical and mental integrity, including within their family.

3. They exercise their rights according to their capacity for judgment.

**Fundamental Rights and Social Rights - Social Rights**

1. Elderly persons have the right to participation, autonomy, quality of life, and respect for their personality.

Basic Rights and Social Rights - Social Rights

1. Anyone in need has the right to adequate accommodation, basic medical care, and other means essential for a dignified existence.

2. Anyone in need as a victim of a serious crime, natural disaster, or similar events has the right to appropriate support.

3. Children and adolescents have the right to special assistance if they are victims of crimes.

**Fundamental Rights and Social Rights - Validity and Limitations**

1. The authorities shall ensure that fundamental and social rights, insofar as they are applicable, are also enforced among private individuals.

**Fundamental Rights and Social Rights - Validity and Limitations**

1. Restrictions on fundamental and social rights require a legal basis. Severe restrictions must be provided for in the law itself. Exceptions are cases of serious, immediate, and unavoidable danger.

2. Restrictions on fundamental and social rights must be justified by a public interest or by the protection of the fundamental and social rights of others.

3. Restrictions on fundamental and social rights must be proportionate.

4. The core content of fundamental and social rights is inviolable.

**Political Rights - Political Rights in Cantonal Matters**

1. Entitled to vote and eligible to vote in cantonal matters are adult

a) Swiss citizens who are domiciled in the canton;

b) Swiss citizens living abroad who possess the cantonal citizenship of Fribourg or who previously had a domicile in the canton.

2. The law regulates the exclusion from voting and electoral rights.

**Political Rights - Political Rights in Cantonal Matters**

1. The people elect the members of the Grand Council and the Council of State, the senior officers, and the deputies of Fribourg to the Council of States.

2. The members of the Council of States are elected by the majority system simultaneously with those of the National Council and for the same term. Eligible for election are those entitled to vote in cantonal matters who have their residence in the canton.

3. The election of deputies to the National Council is governed by federal law.

**Political Rights - Political Rights in Cantonal Matters**

1. Subject Matter of a Popular Initiative Can Be

a) Partial or Total Revision of the Constitution;

b) Enactment, Amendment, or Repeal of a Law.

**Political Rights - Political Rights in Cantonal Matters**

1. Popular initiatives can take the form of a detailed draft or a general suggestion.

2. They must be signed by 6,000 eligible voters. The signatures must be collected within 90 days.

Political Rights - Political Rights in Cantonal Matters

1. The Grand Council declares popular initiatives wholly or partially invalid if they violate superior law, do not maintain the unity of form or subject matter, or are impracticable.

**Political Rights - Political Rights in Cantonal Matters**

1. Popular Initiatives are to be addressed by the Grand Council without delay and submitted to the people, possibly alongside a counter-proposal.

**Political Rights - Political Rights in Cantonal Matters**

1. Subject to Mandatory Referendum

a) Partial or total revision of the Constitution;

b) Enactments of the Grand Council that result in a new net expenditure exceeding 1% of the total expenditures of the most recent state account approved by the Grand Council.

Political Rights - Political Rights in Cantonal Matters

1. 6000 eligible voters can demand a referendum on

a) Laws;

b) Decrees of the Grand Council that result in a new net expenditure exceeding ¼% of the total expenditures of the last state account approved by the Grand Council, or that involve study credits of regional or cantonal significance.

2. The signatures must be collected within 90 days.

Political Rights - Political Rights in Cantonal Matters

1. 300 eligible voters can submit a motion to the Grand Council.

2. The Grand Council treats it like a motion from one of its members.

**Political Rights - Political Rights in Municipal Affairs**

1. Eligible to vote and elect in municipal matters are competent

a) Swiss citizens in their municipality of residence;

b) resident foreign nationals in their municipality of residence, provided they have resided in the canton for at least five years.

2. The law regulates the exclusion from voting and election rights.

**Political Rights - Political Rights in Municipal Matters**

1. The eligible voters elect the members of the municipal council and, if applicable, those of the general council.

Political Rights - Political Rights in Municipal Matters

1. In municipalities without a general council, the voters exercise their political rights in the municipal assembly.

2. In municipalities with a general council, the voters possess the right of initiative and referendum.

Political Rights - Political Rights in Municipal Affairs

1. The eligible voters of the municipalities united in an association have the right of initiative and referendum. The law determines the subject matter of the mandatory financial referendum.

2. The associations and the member municipalities consult and inform the population.

Public Functions

1. State action is based on the principles of subsidiarity, transparency, and solidarity.

2. The state and municipalities have high-quality and citizen-oriented agencies at their disposal to fulfill their tasks.

Public Tasks

1. The state and municipalities may delegate tasks to third parties if a law or municipal regulation provides for it, there is a predominant public interest, and legal protection is ensured.

2. The concerned organizations and individuals are subject to the supervision of the authorizing body.

3. The state and municipalities may participate in or establish enterprises.

Public Tasks

1. The state and municipalities take measures to prevent poverty and provide social assistance.

2. The state and municipalities take measures to mitigate the effects of unemployment, prevent social or professional exclusion, and promote reintegration.

Public Tasks

1. The state and municipalities ensure that every person can live in adequate housing.

2. The state promotes housing assistance, housing construction, and access to home ownership.

Public Duties

1. The state creates framework conditions to promote full employment, the diversity of activities, and regional balance while respecting the principle of economic freedom.

2. It promotes innovation and the establishment of businesses.

Public Duties

1. The state and municipalities may establish monopolies, provided that a public interest necessitates this. Cantonal prerogatives remain reserved.

Public Tasks

1. The state and municipalities protect and support families in their diversity.

2. The state pursues a comprehensive family policy. It creates frameworks that enable work and family life to be reconciled.

3. Legislation must accord with the concerns of families.

**Public Tasks**

1. The State provides an allowance scheme that allocates benefits to each child.

2. It allocates supplementary benefits to families with young children if their financial circumstances require it.

3. The State, in cooperation with municipalities and private entities, offers childcare options for preschool children and may establish childcare options for school-age children. These must be financially accessible for everyone.

Public Duties

1. The state and municipalities promote the social and political integration of the youth.

Public Duties

1. The state and municipalities promote understanding and solidarity between generations.

Public Duties

1. The state and municipalities give special attention to vulnerable or dependent persons.

2. Their balanced development is to be supported and their social integration promoted.

Public Tasks

1. The state and municipalities ensure compulsory and free primary education, corresponding to the abilities of individual children, which is open to all children.

2. The school guarantees the education of the children in collaboration with the parents and supports them in upbringing. It promotes the personal development and social integration of the children and sharpens their sense of responsibility towards themselves, their fellow human beings, society, and the environment.

3. The first foreign language taught is the other official language.

4. The instruction respects denominational and political neutrality. Recognized churches and religious communities may provide religious instruction during compulsory school time.

Public Functions

1. The state ensures secondary education and vocational training. These are accessible to every person according to their abilities and regardless of their financial means.

2. It guarantees education at universities and universities of applied sciences.

3. It promotes scientific research.

4. The state provides financial support to individuals in education, provided their economic circumstances require it.

Public Duties

1. The state and municipalities promote adult education.

**Public Functions**

1. The state may support private educational institutions, provided that their benefit is recognized.

2. It exercises supervision over schools that provide primary education, as well as those that it supports.

Public Duties

1. The state strives for health promotion and ensures that each person has access to the same healthcare services.

1a. It provides emergency care around the clock, seven days a week, in all regions of the canton.

2. It takes measures to protect the population from passive smoking.

Public Duties

1. The state and municipalities shall take measures for the admission and integration of foreigners in mutual respect of identities and in safeguarding fundamental constitutional values.

2. The state and municipalities shall facilitate the naturalization of foreigners. The law provides for a right of appeal against decisions denying naturalization.

3. They shall only charge administrative fees for the granting of citizenship.

Public Tasks

1. The State promotes humanitarian aid, development cooperation, and fair trade, as well as exchanges between peoples.

Public Functions

1. The state and municipalities are responsible for the preservation of the natural environment and counteract all forms of pollution and harmful impact.

2. They promote the use and development of renewable energies.

Public Duties

1. The state and municipalities shall ensure the appropriate and economical use of land as well as the orderly settlement of the country.

Public Tasks

1. The state and municipalities are responsible for the protection of nature and heritage, and they safeguard the diversity of animal and plant species as well as their natural habitats.

2. In spatial planning, they pay attention to the protection of landscapes and local character.

3. They promote awareness of natural and cultural assets, particularly through education, research, and information.

Public Functions

1. The state promotes and supports, in cooperation with the federal government, agriculture and forestry in their protective, ecological, economic, and welfare functions.

Public Functions

1. The state and municipalities shall take the necessary measures to prevent and manage disasters and emergency situations.

Public Duties

1. The state and municipalities ensure public order and safety while respecting fundamental rights.

2. The monopoly on the use of force lies with the state.

Public Functions

1. The State and municipalities ensure the provision of water and energy supply.

Public Duties

1. The State conducts a coordinated transport and communications policy with consideration for remote areas.

2. It pays special attention to security.

3. It promotes public and non-motorized transport.

Public Duties

1. The state and municipalities promote and support cultural life in its diversity as well as artistic creation.

2. They promote cooperation and cultural exchange between the regions of the canton and beyond.

**Public Duties**

1. The state and municipalities promote leisure activities that contribute to personal balance and development, as well as sports and recreational opportunities.

Financial Regulation

1. The state and municipalities levy the taxes and other charges necessary to fulfill their tasks.

2. They adhere to the principle of legality, the principles of generality and uniformity of taxation, as well as economic capacity.

3. They combat tax fraud and tax evasion.

Financial Regulation

1. The state and municipalities must use their finances sparingly.

2. They regularly review the state tasks and the subsidies granted for their effectiveness, necessity, and affordability.

Financial Regulation

1. The forecast of the current account of the state is balanced.

2. However, the economic situation and any extraordinary financial needs must be taken into account.

3. The losses incurred as a result of these situations are to be offset in the following years.

Financial Regulation

1. Every person may examine the budget and accounts of public legal entities and their institutions, as well as the accounts of other state institutions.

2. A supervisory body, whose independence is guaranteed, oversees the finances of the state and municipalities.

Cantonal Authorities - General Provisions

1. The organization of the authorities is based on the principle of separation of powers.

Cantonal Authorities - General Provisions

1. Authorities may include eligible voters in cantonal matters who have residence in the canton.

2. The law may permit foreign nationals with settlement rights, who have resided in the canton for at least five years, to exercise a judicial office.

**Cantonal Authorities - General Provisions**

1. The following mandates are incompatible

a) Member of the Grand Council;

b) Member of the Council of State;

c) Professional judge.

2. Members of the Council of State and senior officials cannot belong to the Federal Assembly. However, holding the federal mandate concurrently is permissible during the current cantonal term of office.

3. Members of the Council of State may neither engage in additional gainful employment nor in any other activity incompatible with their office.

4. The law may provide for further incompatibilities.

Cantonal Authorities - General Provisions

1. The authorities inform the public about their activities.

2. The members of the Grand Council and the Council of State, as well as senior officials, disclose all their private and public interests.

### Cantonal Authorities - General Provisions

1. Members of the Grand Council and the State Council cannot generally be held legally accountable for their statements in the parliament and before its bodies.

2. The law outlines the conditions for the lifting of immunity.

**Cantonal Authorities - General Provisions**

1. The public authorities are liable for the damage unlawfully caused by their officials in the fulfillment of public duties.

2. The conditions for liability for lawfully caused damage are regulated by law.

Cantonal Authorities - General Provisions

1. The Grand Council enacts legislative provisions in the form of a law or parliamentary ordinance; other decrees are issued in the form of a resolution subject to a referendum or a simple resolution.

2. Legislative decrees of other authorities are issued in the form of regulations or directives.

Cantonal Authorities - General Provisions

1. Orders of the Grand Council, whose enactment brooks no delay, may be declared urgent by a majority of its members and put into immediate effect. They must be limited in duration.

2. If such an order is subject to a mandatory referendum or if such a referendum is requested, the order expires one year after its adoption by the Grand Council unless it has been approved by the people within that period.

Cantonal Authorities - General Provisions

1. Legislative powers may be delegated, provided that higher-ranking law does not exclude it and the delegation provision is sufficiently specific.

2. However, fundamental provisions are only enacted in the form of laws.

3. The Grand Council may veto regulations enacted in the exercise of delegated powers.

**Cantonal Authorities - Grand Council**

1. The Grand Council is, subject to the rights of the people, the supreme authority of the canton.

Cantonal Authorities - Grand Council

1. The Grand Council consists of 110 deputies.

2. The members of the Grand Council are elected by the people through a proportional representation system for a term of five years.

3. The law specifies a maximum of eight electoral districts. The adequate representation of the regions of the canton is ensured.

Cantonal Authorities - Grand Council

1. The Grand Council convenes

a) regularly for ordinary sessions;

b) at the request of one-fifth of its members;

c) at the request of the State Council.

2. The plenary sessions are public. The law determines the exceptions.

3. The deputies vote without instructions.

4. The Grand Council can only validly deliberate if the majority of its members are present.

Cantonal Authorities - Grand Council

1. The Grand Council has its own secretariat, which is led by the Secretary General. It may use the services of the administration.

**Cantonal Authorities - Grand Council**

1. The Grand Council may instruct the Council of State to take measures within its area of jurisdiction.

2. The President of the Grand Council can inspect any documents of the Council of State that concern the Grand Council at any time.

3. The Secretariat, in collaboration with the State Chancellery, ensures the relations between the Grand Council and the Council of State.

Cantonal Authorities - Grand Council

1. The Grand Council is the legislative authority.

2. It may propose the revision of the constitution.

3. One-quarter of the members of the assembly can initiate a financial referendum (Art. 46 para. 1 let. b). The law regulates the submission deadline.

Cantonal Authorities - Grand Council

1. The Grand Council approves the accession of the Canton to inter-cantonal and international treaties.

2. It may delegate this competence to the Council of State for terminable short-term contracts and those of minor importance.

3. It may request the Council of State to initiate contract negotiations or to terminate contracts.

Cantonal Authorities - Grand Council

1. The Grand Council reviews the legislative program and the financial plan of the State Council.

Cantonal Authorities - Grand Council

1. The Grand Council approves the budget and the annual accounts of the state.

2. It determines the cantonal taxes and establishes the conditions and limits for new indebtedness.

Cantonal Authorities - Grand Council

1. The Grand Council elects

a) the President and Vice Presidents of the Grand Council;

b) the President of the Council of State;

c) the President of the Cantonal Court;

d) the members of the Judicial Council;

e) the members of the judiciary and the public prosecutor’s office, following evaluation by the Judicial Council;

f) the Secretary General of the Grand Council;

g) the members of its committees.

2. The law may grant additional electoral powers to the Grand Council.

Cantonal Authorities - Grand Council

1. The Grand Council exercises oversight over

a) the State Council and the administration;

b) the judiciary;

c) the organizations and individuals entrusted with public tasks.

Cantonal Authorities - Grand Council

1. The Grand Council

a) assesses the validity of popular initiatives;

b) resolves jurisdictional conflicts between the highest cantonal authorities;

c) grants amnesty and pardons;

d) confers cantonal citizenship;

e) exercises participatory rights allocated to the cantons by federal law;

f) carries out all other duties assigned to it by the constitution or law, or those not assigned to another authority.

**Cantonal Authorities - Council of State**

1. The Council of State consists of seven members.

2. It is elected simultaneously with the Grand Council by the people using the majority voting system. The electoral district is the canton.

3. The members of the Council of State are elected for five years and may not belong to it for more than three full legislative periods.

Cantonal Authorities - Council of State

1. The President of the Council of State is elected by the Grand Council for a term of one year. He or she is not eligible for immediate re-election.

Cantonal Authorities - Council of State

1. The State Council has its own secretariat, which is headed by the State Chancellor.

**Cantonal Authorities - Council of State**

1. The Council of State shall inform the Grand Council annually, and as often as the latter requests, about its activities and the status of the legislative program.

2. The members of the Council of State are accountable to the Grand Council for their administration and for the actions of the persons under their supervision.

3. The State Chancellery ensures, in collaboration with the Secretariat of the Grand Council, the relations between the Council of State and the Grand Council.

**Cantonal Authorities - Council of State**

1. The State Council exercises executive power, oversees administration, and directs cantonal policy.

**Cantonal Authorities - Council of State**

1. The Council of State prepares legislative drafts for submission to the Grand Council.

2. It enacts laws, insofar as it is authorized by the constitution or law to do so, and issues implementing regulations for cantonal and federal decrees, provided that the legislative form is not prescribed for them.

**Cantonal Authorities - Council of State**

1. The State Council submits the legislative program and the financial plan to the Grand Council.

**Cantonal Authorities - Council of State**

1. The Council of State submits the budget and the annual accounts of the state to the Grand Council.

2. It decides on expenditures, as well as the acquisition and disposal of public assets, within the limits prescribed by law.

**Cantonal Authorities - Council of State**

1. The Council of State represents the canton.

2. It negotiates and signs inter-cantonal and international treaties, subject to the rights of the Grand Council. It regularly informs the Grand Council about ongoing treaty negotiations.

3. It comments on the proposals of the federal authorities.

Cantonal Authorities - Council of State

1. The State Council exercises supervision over the municipalities.

**Cantonal Authorities - Council of State**

1. The State Council makes appointments that are not reserved to another authority.

Cantonal Authorities - Council of State

1. The State Council takes measures to avert serious and imminent danger. These measures become ineffective if the danger ceases to exist or one year after their enactment, unless the Grand Council has approved them by that time.

**Cantonal Authorities - Council of State**

1. The State Council determines the appropriate organization of the administration.

2. It ensures that it is effective and citizen-oriented.

**Cantonal Authorities - Council of State**

1. The State Council establishes an independent Ombudsman Office for Administrative Matters.

**Cantonal Authorities - Justice**

1. The administration of justice is carried out by the authorities designated by the constitution and the law.

2. The law may provide for extrajudicial dispute resolution procedures.

3. The Grand Council provides the judiciary with the necessary resources for a swift and high-quality administration of justice.

Cantonal Authorities - Justice

1. The independence of the judiciary is guaranteed.

2. The members of the judiciary and the public prosecution are elected for an indefinite period. They can only be removed from office by the electoral authority in cases provided for by law.

Cantonal Authorities - Justice

1. Civil, criminal, and administrative judicial authorities do not apply provisions that contravene superior law.

**Cantonal Authorities - Justice**

1. Civil Justice is administered by

a) the Justice of the Peace Courts and their presiding judges;

b) the Civil Courts and their presiding judges;

c) the Cantonal Court.

2. Criminal Justice is administered by

a) the District Officials;

b) the Investigating Judges;

c) the Criminal Courts and their presiding judges;

d) the Economic Criminal Court;

e) the Juvenile Criminal Chamber and their presiding judges;

f) the Cantonal Court.

3. The Cantonal Court is the ordinary administrative judicial authority.

4. The law may provide for special judicial authorities.

Cantonal Authorities - Justice

1. The Cantonal Court is the highest authority in civil, criminal, and administrative matters.

2. It adjudicates administrative law disputes as the final cantonal instance, insofar as they are not placed under the definitive jurisdiction of another authority by law.

3. The President of the Cantonal Court is elected by the Grand Council for one year. He or she is not eligible for immediate reelection.

1. Cantonal Authorities - Justice

1. The Judicial Council is an independent supervisory authority over the judiciary. It evaluates the candidacies for the judicial authorities.

Cantonal Authorities - Justice

1. The Judicial Council consists of

a) a member of the Grand Council;

b) a member of the Council of State;

c) a member of the Cantonal Court;

d) a member of the Fribourg Bar Association;

e) an ordinary professor of the Faculty of Law at the University;

f) a member of the Public Prosecutor's Office;

g) a member of the first instance judicial authorities;

h) two other members.

2. The members of the Judicial Council are appointed by the Grand Council, the first seven upon proposal by the respective authority or group to which they belong, and the two others upon proposal by the Judicial Council.

3. They are elected for five years and may not serve as a member of the Judicial Council for more than two consecutive terms.

**Cantonal Authorities - Justice**

1. The Judicial Council exercises administrative and disciplinary supervision over the judicial authority as well as the Public Prosecutor's Office.

2. It may delegate the administrative supervision over the first-instance judicial authorities to the Cantonal Court.

3. It informs the Grand Council annually, and as often as requested, about its activities.

Cantonal Authorities - Judiciary

1. The Judicial Council reviews the applications for positions in the judiciary and the public prosecutor's office on behalf of the Grand Council; in doing so, it relies on the education, professional experience, and personal qualities of the candidates.

Title: Municipalities and Territorial Division

1. Municipalities are public law entities with their own legal personality.

2. Municipal autonomy is guaranteed within the limits of cantonal law. Municipal associations can invoke it within their area of competence.

Municipalities and Territorial Organization

1. The municipalities fulfill the tasks assigned to them by the constitution and law.

2. They ensure the well-being of the population, guarantee a sustainable quality of life, and provide citizen-focused services.

Municipalities and Territorial Structure

1. All persons eligible to vote in municipal matters may belong to the municipal bodies.

2. Each municipality shall have a municipal assembly or a general council, as well as a municipal council.

3. Articles 85, 88 paragraph 1, and 90 shall apply mutatis mutandis to the municipalities.

Municipalities and Territorial Division

1. The municipalities have autonomy, in accordance with the legislation, in determining and levying municipal fees and taxes.

2. They prepare a financial plan.

**Municipalities and Territorial Organization**

1. The state shall take measures to reduce the effects of disparities between municipalities; in particular, there shall be a system of financial equalization.

Municipalities and Territorial Division

1. The state promotes inter-municipal cooperation.

2. The municipalities may join together for the fulfillment of one or more tasks. They must participate in all tasks of the municipal association.

3. The state may require municipalities to join a municipal association or to establish one.

4. The municipalities may establish regional administrative structures.

Municipalities and Territorial Organization

1. The state promotes and supports municipal mergers.

2. Municipal authorities, eligible voters, and the state may propose a municipal merger.

3. The eligible voters of the affected municipalities decide on the merger. Paragraph 4 remains reserved.

4. If required by communal, regional, or cantonal interests, the state may mandate the merger after consulting the affected municipalities.

**Municipalities and Territorial Organization**

1. The cantonal territory is divided into administrative districts.

2. An official elected by the eligible voters leads the district and fulfills the tasks assigned to them by law.

Civil Society

1. The state and municipalities may support civil society organizations, provided it is in the public interest. They may consult them.

2. They particularly promote civic awareness among children and adolescents.

Civil Society

1. The state and municipalities recognize the importance of club activities; they may support associations and delegate tasks to them.

2. They promote volunteer work.

Civil Society

1. Political parties represent a significant democratic force; the state and municipalities may provide them with financial support.

Civil Society

1. Political parties, political groups, campaign committees, and organizations involved in election or voting campaigns must disclose their accounts. Specifically, the following must be disclosed

a) For election and voting campaigns, the sources of financing and the total budget of the respective campaign;

b) For the financing of the aforementioned organizations, the corporate name of the legal persons contributing to the financing of these organizations, as well as the amount of the payments;

c) The identity of the natural persons contributing to the financing of these organizations; except for those whose payments do not exceed 5,000 francs per calendar year.

2. The elected members of the cantonal authorities shall publish at the beginning of the calendar year the income they earn from their mandate and in connection therewith.

3. The published data pursuant to paragraphs 1 and 2 are reviewed by the administration or an independent body. Once these data have been reviewed, they are made available online and in print.

4. Furthermore, the law regulates the application. It particularly takes into account professional confidentiality.

Churches and Religious Communities

1. State and municipalities recognize the societal significance of churches and religious communities.

2. Churches and religious communities organize themselves freely within the boundaries of the legal system.

Churches and Religious Communities

1. The Roman Catholic and the Evangelical Reformed Church are recognized under public law.

2. The recognized churches are autonomous. Their statutes are subject to state approval.

Churches and Religious Communities

1. Other churches and religious communities are subject to private law.

2. They may obtain public law powers or be recognized under public law if their social significance justifies it and if they respect fundamental rights.

Churches and Religious Communities

1. The Collection of Church Taxes is Regulated by Law.

**Constitutional Amendment**

1. A total revision of the constitution can be sought by the Grand Council or through a popular initiative.

2. If a total revision is demanded, the electorate decides

a) whether it is to be carried out;

b) whether the Grand Council or a Constitutional Council shall be entrusted with it.

3. If a Constitutional Council is entrusted with the execution, it shall be elected in the same manner as the Grand Council for a term of five years. However, there are no incompatibilities.

4. If the electorate rejects the proposed draft, the body entrusted with the revision shall draft a second one. If a Constitutional Council has been appointed, its powers are extended by two years.

Constitutional Revision

1. A partial revision of the constitution may be requested by the Grand Council and by popular initiative.

2. It must not contravene superior law, must preserve the unity of form and substance, and must be feasible.

Final Provisions

1. This Constitution shall enter into force on January 1, 2005. At that time, the State Constitution of the Canton of Fribourg dated May 7, 1857 (SGF 10.1) shall be repealed. The following provisions remain reserved.

Final Provisions

1. The legal order shall be adjusted to the present constitution without delay. The corresponding amendments must come into effect no later than January 1, 2009.

2. Where the present constitution requires implementing provisions, the existing law shall remain in force until such provisions are enacted.

Final Provisions

1. The cantonal benefits payable at birth and adoption shall be disbursed for at least 14 weeks.

2. They shall be paid no later than January 1, 2008.

3. Should a maternity insurance scheme be established at the federal level, payments will cease in the benefit categories provided for by federal law (mothers with [Art. 33 para. 2] or without gainful employment [Art. 33 para. 3], adoption [Art. 33 para. 4]).

Final Provisions

1. Swiss citizens abroad and foreign nationals may exercise their political rights starting from January 1, 2006.

2. Foreign nationals are eligible for election from this date.

Final Provisions

1. The Grand Council formally adjusts the text of pending constitutional initiatives to align with the current constitution.

Final Provisions

1. The new rules regarding the Grand Council, particularly those concerning its Secretariat (Art. 97), shall apply with regard to the legislative period 2007-2011.

2. The same applies to the new rules concerning the State Council.

Final Provisions

1. The Judicial Council will commence its activities on July 1, 2007. However, its supervisory duties will only begin on January 1, 2008.

2. The unified Cantonal Court will commence its activities on January 1, 2008.

3. The following applies to the election and term of office of members of the judiciary and the public prosecutor's office

a) Individuals who are in office at the time this constitution comes into force will remain so until the end of their term of office.

b) Positions to be filled between January 1, 2005, and December 31, 2007, will be subject to the previous law.

c) The new provisions (Art. 103, 121, and 128) are applicable to positions to be filled from January 1, 2008, onwards.

Final Provisions

1. The new rules concerning the municipalities, with the exception of Article 133 (financial equalization), shall apply with regard to the administrative period 2006-2011.

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