Right of Petition Act - Definition
Table of Provisions (10)
Statutory Text (10 Provisions)
1. The Petition is a written submission that bears this title or appears as such, in which one or more persons address a complaint, suggestion, or request to a legislative, judicial, or executive authority, or an administrative authority of the state, a municipality, or another public legal body or institution.
2. A petition directed to a judicial authority must not concern any matter that has already been adjudicated or is yet to be adjudicated.
1. Every competent person is entitled to exercise the right of petition.
2. Legal entities may exercise this right only within the limits of their purpose.
1. The petition must include the signature and the address of the residence or the seat of the author or authors.
2. The petition can only be signed by a representative in the case of a physical disability of the petitioner.
1. The proper exercise of the right to petition shall not result in any sanctions.
1. The authority to which a petition is addressed shall examine it and, within the scope of its competencies, obtain the necessary information.
2. Other authorities and their departments participate, within the scope of their competencies, in the examination of the petition.
3. A petition addressed to the Grand Council shall be referred to the Pardon, Petitions, and People's Motion Commission; the Commission generally reviews it within five months of receipt and formulates reasoned proposals. If it turns out that the petition is clearly inadmissible or unfounded, the Commission dismisses it and informs the petitioner.
4. The Commission forwards a copy of its report to the Grand Council to the Council of State.
5. The Grand Council shall express its opinion on the petition addressed to it during the session for which the Commission has submitted the report.
1. Upon review of the petition, the authority must
a) comply with the petition within the scope of its competencies;
b) reject the petition; or
c) forward the petition to the competent authority.
2. If the subject matter of the petition is simultaneously the subject of a legal dispute or a proceeding, the decision will be postponed until its conclusion. The author of the petition is to be informed accordingly.
1. The authority provides a reasoned response to the author of the petition or their representative.
2. If multiple individuals have signed the petition, the authority delivers the response to the first signatory, to whom it can be sent; it instructs this person to inform the co-signers of the response.
3. It also communicates its response to those individuals who can assert deserving interests.
1. The identity of the petitioners may only be disclosed if they have consented to the disclosure, if their consent can be presumed under the circumstances, or in other cases provided for by data protection legislation.
2. If a petition that does not concern a personal matter is submitted to the Grand Council, the identity of the petitioners may be disclosed.
1. The Decree of May 23, 1849, concerning the exercise of the right to petition is repealed.
1. The Council of State is entrusted with the execution of this law. It determines the date of its entry into force.