Legislator · Canton of Graubünden — Cantonal Legislation
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Act on the Grand Council (Grand Council Act; GRG) (Grossratsgesetz; GRG) - Sessions (LGC)

73 Articles / Provisions · Canton of Graubünden — Cantonal Legislation
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Table of Provisions (73)

Art. 6 Cantonal Council Act; CCA - Sessions Art. 7 Cantonal Parliament Act; CPA - Commencement of Term of Office Art. 8 Grand Council Act; GCA - Constituent Session Art. 9 Act on the Cantonal Council; CC Act - Election of the Presidium Art. 10 Grand Council Act; GCA - Oath and Pledge of Office Art. 11 Grand Council Act; GCA Art. 12 Great Council Act; GCA - Official Secrecy Art. 13 Cantonal Parliament Act; CPA - Chairmanship Art. 14 Act on the Grand Council; AGC - Composition Art. 15 Council of State Act; CSA - Position Art. 16 Cantonal Council Act; CCA - Formation and Duties Art. 17 Cantonal Council Act; CCA - Activity in General Art. 18 Grossrat Act; GRG - Standing Committees Art. 19 Grand Council Act; GCA - Special Committees Art. 20 Grand Council Act; GCA Art. 21 Grand Council Act; GCA - Transactions between Committees Art. 22 Cantonal Parliament Act; CPA - State Chancellery Art. 23 Grand Council Act; GCA - Council Secretariat Art. 25 Grand Council Act; GCA - Daily Allowances, Expenses, and Parliamentary Group Compensation Art. 26 Cantonal Parliament Act; CPA - Right to Information and Access to Files Art. 27 Cantonal Council Act; CCA - General Provisions Art. 28 Law on the Grand Council; GRG - 2. Additional Information Rights Art. 29 Cantonal Council Act; CCA - Business Audit Commission Art. 30 Grand Council Act; GCA - 2. Examination Documents and Right of Access to Files Art. 31 Cantonal Council Act; CCA - 3. Inquiries and Reports Art. 32 Cantonal Council Act; CCA - 4. Inspections and Visits Art. 33 Cantonal Council Act; CCA Art. 34 Grand Council Act; GCA Art. 35 Cantonal Parliament Act; CPA - Parliamentary Investigation Commission Art. 36 Cantonal Council Act; CCA - Release Art. 37 Cantonal Council Act; CCA - 2. In Relation to Committees Art. 38 Great Council Act; GRG Art. 39 Cantonal Council Act; CCA - Convening Art. 40 Grand Council Act; GCA - Representation Art. 41 Grand Council Act; GCA - Quorum Art. 42 Grand Council Act; GCA - Duty to Attend Art. 43 Grand Council Act; GCA - Recusal Art. 44 Cantonal Council Act; CCA - Public Access Art. 44a Cantonal Parliament Act; CPA - Video Surveillance Art. 44b Great Council Act; GCA - Transmission on the Internet Art. 46 Cantonal Parliament Act; CPA - Principle Resolution Art. 47 Act of the Grand Council; AGC - Mandate Art. 48 Grand Council Act; GCA - Inquiry Art. 49 Grand Council Act; GCA - Question Hour Art. 50 Grand Council Act; GCA Art. 51 Cantonal Parliament Act; CPA - Parliamentary Initiative Art. 52 Law on the Grand Council; LGC - Jurisdiction Art. 53 Grand Council Act; GCA - Legal Writs Art. 54 Act on the Grand Council; AGC - Decision Art. 55 Grand Council Act; GCA - Costs Art. 56 Grand Council Act; GCA - Instruction and Motion Submission Art. 57 Cantonal Parliament Act; CPA - Electoral Powers Art. 58 Cantonal Council Act; CCA - Secret Ballot Art. 59 Cantonal Parliament Act; CPA - Requirements and Procedure Art. 60 Grand Council Act; GCA - Principle Art. 61 Act on the Grand Council; AGC Art. 62 Act on the Cantonal Parliament; ACP - 2. Government Program and Financial Plan Art. 62a Grand Council Law; GCL Art. 63 Great Council Act; GCA - 4. Product Groups and Effects Art. 64 Grand Council Act; GCA - 5. Decision-Making and Mandates Art. 64a Grand Council Act; GCA - Information Art. 64b Grand Council Act; GCA - Messages Art. 65 Grand Council Act; GCA - Types Art. 66 Great Council Act; GCA - Statement Art. 67 Cantonal Parliament Act; CPA - Information Art. 68 Act on the Grand Council; AGC - Participation Art. 68a Parliament Act; PA - Motions Art. 68b Cantonal Council Act; CCA - Participation in Council and Committee Meetings Art. 69 Great Council Act; GCA - Rules of Procedure Art. 70 Grand Council Act; GCA - Transitional Provisions Art. 71 Grand Council Act; GCA - 2. June Session 2006 Art. 72 Cantonal Parliament Act; CPA - Repeal and Amendment of Existing Legislation Art. 73 Cantonal Council Act; CCA - Referendum and Entry into Force

Statutory Text (73 Provisions)

Election and Constitution

1. The Grand Council convenes at the sessions established in the rules of procedure.

2. Additional sessions take place if decided by the Grand Council or the President's Conference, or if requested by at least 20 council members.

Election and Constitution

1. The term of office begins on the first day of the August session following the elections.

Election and Constitution

1. The outgoing President of the Council convenes the newly elected Grand Council for its constituent session.

Election and Constitution

1. After the opening of the constitutive meeting or the first session of a new year of office, the election of the President and the Vice President of the Grand Council takes place.

2. The President of the Grand Council holds the title "President of the Assembly".

3. The election of the presidency is for a term of one year.

Election and Constitution

1. The eldest of the longest-serving members present or the outgoing President of Parliament shall administer the oath or the official promise at the beginning of the term or session to the members of parliament and deputies taking their seats for the first time since their election or re-election, as well as to the newly elected President of Parliament after their election by the Great Council.

2. Any member taking their seat in the council for the first time at a later date shall have their oath or official promise administered subsequently by the President of Parliament.

3. ...

Election and Constitution

1. Upon entering the Grand Council, each member of the Council shall inform the Presidium Conference in writing about

a) their professional activities;

b) their activities in management and supervisory bodies of corporations, institutions, and foundations governed by private and public law;

c) ongoing leadership and advisory roles for interest groups at the cantonal, Swiss, and international levels.

2. Changes are recorded at the beginning of each term by the Council Secretariat. The register of activities of the Grand Council members is public.

Election and Constitution

1. Members of the Grand Council are obligated to confidentiality in official matters, insofar as there is a prevailing public or private interest in maintaining confidentiality according to the Public Access Act, or if a specific legal provision requires it.

Organization - Presidium

1. The President of the Council prepares the sessions of the Greater Council and the President's Conference, directs them, and ensures their orderly conduct.

2. He or she represents the Greater Council externally and conducts business interactions with the government.

3. The Vice President of the Council assumes the duties of the President of the Council if he or she is unable to fulfill them.

4. If both the President and Vice President of the Council are unable to attend, the present council member who last served as President of the Council assumes the chair.

Organization - Presidents' Conference

1. The Conference of Presidents shall include, by virtue of their office, the President of the Chamber or the Vice President of the Chamber as the chairperson, the Deputy President of the Chamber, and the presidents of the factions represented in the Grand Council or, in their absence, their deputies.

2. The Director of the Chancellery and the head of the Council Secretariat shall participate in the meetings with an advisory vote.

Organization - Conference of Presidents

1. The President's Conference is the leadership and coordination body of the Council.

Organisation - Factions

1. Five or more members of the Grand Council can form a parliamentary group.

2. The parliamentary groups prepare the business of the session in advance.

Organization - The Commission

1. The committees carry out the tasks assigned to them, prepare the council's agenda items assigned to them, conduct the necessary clarifications, report to the Grand Council, and submit proposals.

2. They have the right to return proposals from the government for revision once before they are discussed in the council. The Grand Council is to be briefly informed about this.

3. They are to be involved in negotiating important inter-cantonal and international treaties within their area of responsibility.

Organization - The Commission

1. The Grand Council elects the members of the standing committees from its midst at the beginning of each term of office. Eligible for election to supervisory committees are all members of the Grand Council who are not related by blood or marriage to a member of the government or the courts as defined by the disqualification regulations.

2. It independently determines the size of the committees, provided they are not specified by law or regulation.

3. The term of office for committee members is four years.

4. The term of office for the chairpersons of the committees is generally two years. The standing committees organize themselves.

Organization - The Commission

1. The Grand Council may establish ad hoc committees for the preliminary consideration of matters, particularly if the matter does not fall within the purview of a standing committee or to achieve a balanced workload among the standing committees. The ad hoc committees organize themselves.

Organization - The Commission

1. If occurrences of great significance in the state or judicial administration require special clarification, the Grand Council may, after hearing the government or the Supreme Court, establish a parliamentary investigation committee.

2. The parliamentary investigation committee investigates the facts and gathers further assessment foundations. It reports to the Grand Council and makes recommendations.

Organization - The Commission

1. The commissions are leading commissions in their respective strategy, monitoring, and specialist areas. They ensure that other interested commissions can participate in the decision-making process.

2. Participation can occur in the form of written reports or oral hearings.

**Organization - Council Services and Protocol Management**

1. The Office of Cantonal Services is the general staff department of the Grand Council.

**Organization - Council Services and Protocol Management**

1. The Council Secretariat is available to the Council bodies and individual Council members for the performance of their parliamentary work and takes the minutes.

Organization - Compensation of Council Members and Factions

1. The amount of daily allowances and expense compensations for the President and the members, as well as the respective contribution towards the costs of the factions for secretarial work and preparation of council business, shall be determined by a regulation of the Grand Council.

Rights to Information and Official Secrecy - Council Members

1. Members of the council have the right to obtain information from the administration in the course of their parliamentary duties, subject to official secrecy.

2. They may inspect the documents related to the council's affairs, provided these are not subject to official secrecy.

3. If the information or document inspection is wholly or partially refused, the conference of presidents decides after an oral hearing with the member of the council and the government.

Information Rights and Official Secrecy - Commissions

1. The commissions have the right to obtain useful information for the assessment of the matters assigned to them and, after hearing the government, the superior court, or the judicial court, to inspect the necessary official records.

2. The rights of information and examination that exist according to this section in relation to the judicial authorities pertain only to questions of judicial administration.

Information Rights and Official Secrecy - Commissions

1. The commissions may additionally, within the scope of their mandate

a) with the consent of the head of the relevant department, question administrative staff regarding the matter;

b) conduct inspections;

c) consult external experts for questioning or commission them to prepare reports;

d) hear representatives of interested parties.

Information Rights and Official Secrecy - Commissions

1. The Audit Committee possesses all the rights to information necessary to fulfill the tasks assigned to it.

2. The rights to information apply to all cantonal administrative bodies and public law institutions of the canton, insofar as they are subject to the canton’s supreme oversight.

3. For other institutions, the rights to information are limited to activities that are directly or indirectly subsidized by the canton.

4. In the area of justice, the oversight of the Audit Committee is restricted to financial aspects. In this area, the Audit Committee has the same special rights to information as the Committee for Justice and Security.

Information Rights and Official Secrecy - Commissions

1. The Audit Committee is authorized to request documents from the government and to examine all cantonal records, provided they are significant for fulfilling its duties.

Information Rights and Official Secrecy - Commissions

1. The Audit Committee may invite members of the government to its meetings concerning all matters. These members must provide the Audit Committee with all necessary information to fulfill its duties. They are authorized to consult with their staff for advisory purposes.

2. After giving prior notice to the head of the relevant department, the Audit Committee may also directly obtain useful information from the offices and public enterprises of the canton.

3. For special matters, the Audit Committee may request written reports and statements from the government and the individual heads of departments.

Information Rights and Official Secrecy - Commissions

1. The Audit Commission is authorized, generally after prior notification of the head of the competent department, to conduct inspections and visits within the state administration, at public enterprises, and at institutions to which the canton delegates public tasks or provides significant financial contributions.

Information Rights and Official Secrecy - Commissions

1. To clarify difficult and important cases, the Audit Commission may, after prior notification of the responsible Department Head, question any person from the administration and other persons, insofar as they are directly entrusted with public-law tasks of the canton. Upon request, this may also occur without the presence of a superior.

2. No disadvantages shall arise for the interviewees from their truthful statements.

Information Rights and Official Secrecy - Commissions

1. The Commission for Justice and Security, within the scope of its oversight of the administration of justice, may, insofar as it is significant for carrying out its duties, from the Supreme Court as well as from the Court of Justice, in addition to the general information rights provided for special committees, specifically

a) request written reports;

b) summon the presidents to the consultations and question them regarding the accountability reports;

c) demand the release of files and review all files;

d) generally conduct inspections after prior notification of the competent president;

e) generally, after prior notification of the competent president, hear any person from the administration of justice or the authority, even in the absence of the superior or the president.

2. The presidents are obliged to provide the Commission for Justice and Security with all information necessary for the fulfillment of its tasks.

Information Rights and Official Secrecy - Commissions

1. The Parliamentary Investigation Commission may

a) examine administrative personnel as witnesses;

b) question informants;

c) obtain oral and written information from official bodies, authorities' members, and administrative personnel;

d) consult experts;

e) demand the release of all official documents necessary for the fulfillment of its mandate;

f) conduct on-site inspections.

2. The relevant provisions of the Civil Procedure Code apply mutatis mutandis to the questioning of witnesses.

Information Rights and Official Secrecy - Official Secrecy

1. Members of the government and administrative personnel may be released from official secrecy by the government to provide information and may be authorized to release official documents that are subject to official secrecy.

2. Members of the judicial authorities and other authorities under the supervision of the High Court may be released from official secrecy by the High Court to provide information or may be authorized to release official documents that are subject to official secrecy.

Information Rights and Official Secrecy - Official Secrecy

1. If the authority adheres to official secrecy, it shall justify its decision to the commission. Instead of providing information or submitting documents, it may issue a special report.

2. If a commission insists on its request for the release of documents following the authority's decision, the documents shall be forwarded to it.

Information Rights and Official Secrecy - Official Secrecy

1. Exemption from Official Secrecy is not required for requests for information and document disclosure, as well as for hearings conducted by the parliamentary investigation committee.

**General Procedure Ordinance**

1. The President of the Assembly shall convene the Grand Council at least 14 days prior to its opening.

General Procedural Code

1. If a member is unable to attend a session of the council, they shall be replaced by a deputy. If an objection is raised against the admission, the decision shall be made by the council.

General Procedural Code

1. In order to make valid decisions, at least half of all members must be present during the deliberation and voting.

2. If the number of members present is reduced to less than half due to statutory reasons for exclusion, the council is nevertheless capable of making decisions.

**General Procedural Regulation**

1. Members are obligated to attend meetings regularly. Any inability to attend must be communicated to the chairperson.

General Procedure Code

1. Members of the Grand Council are required to recuse themselves from deliberations in the council and in committees when dealing with matters in which they themselves, their spouse, their registered partner, a person with whom they have a de facto life partnership, or any of their relatives by blood or marriage up to the second degree has a direct personal interest. There is no obligation to recuse for decrees and generally binding resolutions.

2. Members of oversight committees must also recuse themselves if they

a) have a relationship, as defined by the general recusal regulations, with a person whose official actions or case management is being reviewed and assessed;

b) belong to the governing body of an institution subject to the Grand Council's oversight, in all matters pertaining to that institution.

3. The recusal regulations for members of the Grand Council also apply to the minute-taker.

4. Questions of recusal are decided by the Grand Council and the committees without the involvement of the affected parties.

General Procedural Code

1. The Grand Council may exceptionally decide to conduct deliberations excluding the public. This decision will be made by secret ballot.

General Procedural Code

1. The premises in the Grand Council Building, Chur, may be monitored by video cameras upon the directive of the Presidential Conference. The surveillance serves exclusively to clarify matters of criminal relevance.

2. The video recordings shall be stored and, unless a written order from a law enforcement agency prohibiting deletion is received within 72 hours after the end of the session, must be deleted by the Council Secretariat within 120 hours after the end of the session.

**General Procedural Regulation**

1. Sessions of the Grand Council are generally broadcast on the Internet with audio and video.

2. The broadcast is recorded and made accessible on the Internet for later playback.

Negotiation Items - Parliamentary Motions

1. The Grand Council may adopt policy resolutions within its own area of competence as well as regarding the government's plans.

2. These resolutions oblige the competent authority to plan or develop solutions in the prescribed direction.

3. Policy resolutions can only be introduced by committees, parliamentary groups, and the government.

Negotiation Items - Parliamentary Motions

1. The Order Calls Upon the Government To

a) support the Grand Council in exercising its own competencies;

b) take measures itself.

2. Committees, factions, or at least 20 members of the council may submit an order.

Negotiation Items - Parliamentary Motions

1. The inquiry requires the government to provide information on important matters.

Negotiation Items - Parliamentary Motions

1. During the question hour, council members may ask questions concerning a subject area that can be answered simply.

Negotiation Items - Parliamentary Motions

1. A motion for a direct decision may demand that the Grand Council make a decision within its own jurisdiction.

2. The subject of such a motion may particularly concern the exercise of federal participatory rights.

Negotiation Items - Parliamentary Motions

1. Parliamentary Initiative

A fully drafted proposal for the enactment, amendment, or repeal of a constitutional provision, a law, a grand ducal regulation, or a decision of the Grand Council can be submitted.

Negotiation Subjects - Complaints

1. The Grand Council adjudicates the complaints explicitly assigned to it by law. The provisions of the Administrative Procedure Act apply mutatis mutandis to the proceedings.

2. The instruction is the responsibility of the Commission for Justice and Security.

Negotiation Subjects - Complaints

1. The contested decision, the complaint submission to the Grand Council, and the statements made in response thereto shall be printed or duplicated at the expense of the parties and delivered to the members of the Grand Council.

2. When imposing the printing costs, the Grand Council may, in special cases, grant a reduction of up to half at the expense of the canton.

Matters of Negotiation - Complaints

1. The Grand Council shall decide based on the records after hearing the commission's report.

Matters of Negotiation - Complaints

1. The Grand Council shall decide, together with the main issue, on the allocation of costs incurred in the first and second instance, as well as on the reimbursement of expenses to the parties.

2. Additionally, it may impose a fine of up to 500 francs on frivolous complainants.

Matters of Deliberation - Supervisory Complaints

1. Supervisory complaints directed to the Great Council against the government are instructed by the Business Audit Commission, while those against the Superior Court and the Judicial Court are instructed by the Commission for Justice and Security.

2. The instructing commission conducts all relevant inquiries and submits a report and proposal to the Great Council for the next session.

3. The provisions of the Administrative Jurisdiction Act apply accordingly to the procedure.

**Matters of Negotiation - Elections**

1. The Grand Council elects its bodies and committees, the presidency of the government, the members of the Supreme Court and the Judicial Court, as well as other officeholders in accordance with the cantonal constitution and as prescribed by the legislation. The political groups are generally to be considered according to their strength, unless otherwise provided by law.

**Matters of Negotiation - Elections**

1. Elections pursuant to Article 57 are conducted in writing and by secret ballot.

2. Exceptions to the principle of written and secret elections are elections to committees of the Grand Council. For these, open majority voting applies unless there are more nominations than seats to be filled.

Matters for Negotiation - Resolution

1. In matters of significant importance to the state, the Grand Council may issue declarations (resolutions). Drafts of such declarations must be submitted in writing to the President's Conference, also for the attention of the government.

2. They must bear the signatures of at least 25 members of the council.

Business Transactions between the Government and the Grand Council - Political and Strategic Planning

1. The Grand Council and the government collaborate in political and strategic planning.

2. Foundations are jointly developed and utilized, and planning is coordinated in terms of content.

3. The competencies of the individual bodies remain preserved.

Official Communication between the Government and the Grand Council - Political and Strategic Planning

1. The Grand Council enacts overarching political goals and guidelines before each planning period for the government program and financial plan.

2. These goals and guidelines are to be used by the government as the basis for the preparation of the government program and financial plan.

Official Communication between the Government and the Grand Council - Political and Strategic Planning

1. Government Program and Financial Plan establish the priorities and financial framework for the planning period.

2. ...

3. ...

4. ...

Official Communication between the Government and the Grand Council - Political and Strategic Planning

1. The Integrated Task and Finance Plan (ITFP) is developed based on the government program and the financial plan. It connects tasks and finances in a holistic view and is revised annually as a rolling plan.

Official Communication between the Government and the Grand Council - Political and Strategic Planning

1. The Grand Council establishes the product groups for each global budget upon the request of the government and the higher court.

2. It defines the effect for each product group and thus the intended benefit.

3. The government and the higher court periodically review the product groups and their effects.

Official Communication between the Government and the Grand Council - Political and Strategic Planning

1. The political plans of the government are acknowledged by the Grand Council.

2. The Grand Council may adopt resolutions for the continuation of the plans and for substantive coordination, and may issue directives to the government.

Relations between the Government and the Grand Council - Legislation

1. In messages to the Great Council regarding partial or total revisions of laws, the government provides detailed explanations about the content of a proposed executive ordinance.

2. As far as possible, the government submits the draft executive ordinance to the competent commission for information.

Relations between the Government and the Grand Council - Legislation

1. The government usually justifies its decisions through messages.

2. Messages that primarily concern matters of judicial administration are to be prepared in collaboration with the Supreme Court.

**Business Interactions between the Government and the Grand Council - Special Reports**

1. Special Reports Are Considered

a) Special Accountability Reports;

b) Reports on Specific Areas.

2. The government submits such special reports to the Grand Council for acknowledgment.

3. Special reports require approval from the Grand Council if prescribed by a law or regulation. The Council may also partially approve them or refuse approval.

**Business Interactions between the Government and the Grand Council - Special Reports**

1. The Great Council may express its position in a separate statement on reports of the government pursuant to Article 65, providing a general assessment as well as addressing specific parts.

2. The Great Council takes note of such reports either with approval, disapproval, in the form of a statement, or without any comment.

Relations Between the Government and the Grand Council - Foreign Relations

1. The government continuously and comprehensively informs the Grand Council within its area of competence about important initiatives in the field of international and inter-cantonal cooperation, as well as the status of negotiations.

Relations Between the Government and the Grand Council - Foreign Relations

1. The government informs the respective competent standing committees at an early stage about upcoming international and inter-cantonal treaty negotiations in the area of legislation.

2. The committees assist the government in an advisory capacity during the treaty negotiations and may submit proposals to the government regarding the content of the treaties.

Official Correspondence Between the Higher Court and the Grand Council

1. The High Court may request the Grand Council to instruct the government to draft a constitutional or legal proposal concerning judicial administration.

2. The High Court submits such requests to the Grand Council through the government.

3. The government may not alter the requests of the High Court. It may formulate comments and alternative proposals.

4. In all other respects, the processing and consideration of the High Court's request are governed by the regulations applicable to the processing of motions from the members of the Grand Council.

Business Transactions Between the Higher Court and the Grand Council

1. The President of the Supreme Court may attend sessions of the Grand Council and its committees

a) concerning financial matters related to the judiciary;

b) concerning the annual report of the Supreme Court;

c) concerning constitutional or legal amendments proposed by the Supreme Court;

d) concerning legislative initiatives that primarily affect the administration of justice.

2. The President of the Supreme Court has an advisory role and may submit motions. He or she may be accompanied by individuals from the judicial administration or external experts.

Final Provisions

1. The Grand Council shall issue rules of procedure for the conduct of its business and for the detailed implementation of the provisions of this law.

Final Provisions

1. The maximum permissible term of office shall be determined according to the new law upon the enactment of this Act. The term of office that has elapsed under the previous law for the members of permanent commissions shall be fully credited towards the new term of office.

Final Provisions

1. As the last session of the 2003-2006 term, the June session 2006 begins on the Monday following the second Sunday of the month of June.

2. The opening of the June session 2006 is the responsibility of the elected President of the Chamber.

Final Provisions

1. Upon the entry into force of this law, the Law on the Representation of Districts in the Grand Council of the Canton of Graubünden dated June 4, 1972, is repealed.

2.

Final Provisions

1. This law is subject to an optional referendum.

2. This law shall enter into force on August 1, 2006, subject to the provisions of the following paragraph 3.

3. Article 71 shall enter into force on June 1, 2006.

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