1. État, peuple, Authorities » 17. Authorities » 170. General Provisions

This law applies to members of the authorities, State employees, and magistrates of the Republic and Canton of Jura, as well as to the staff of autonomous establishments.

Incompatibilities at the municipal level are governed by Articles 11 to 17 of the Law of November 9, 1978, on municipalities.

A person cannot simultaneously hold, on a permanent basis, two administrative or judicial positions where one is subordinate to the other.

1. **Direct and Collateral Relatives up to the Third Degree and Allies in Direct and Collateral Lines up to the Second Degree Inclusive**

Direct and collateral relatives up to the third degree inclusive and allies in direct and collateral lines up to the second degree inclusive cannot simultaneously hold administrative or judicial positions where one is immediately subordinate to the other.

2. **Relatives or Allies up to the Third Degree Inclusive**

Relatives or allies up to the third degree inclusive cannot simultaneously belong to the Government or the same court.

Cannot be either a deputy or a substitute in Parliament

1. The magistrates and judges designated below

a) the ministers;

b) the prosecutors and judges, when elected by Parliament;

c) ...;

d) ...;

e) ...;

f) ...;

g) ...;

h) the president of the Cantonal Commission for Tax Appeals;

i) ...;

2. The secretaries to the ministers and their deputies, the secretaries of the Chancellery proper and the Information and Communication Service, the employees of Parliament, the heads of units (services, offices, sections, and bureaus), as well as their deputies, the cantonal chemist, the cantonal physician, the cantonal pharmacist, the cantonal veterinarian, the director of the medical-psychological center, the delegates in the sense of the Government and Cantonal Administration Organization Decree, the directors of divisions of the Post-Compulsory Education Service, the members of the cantonal police staff, the clerks of the Court of First Instance, the Cantonal Court, and the Public Prosecutor's Office, the legal advisors of the cantonal administration, the economists of the General Treasury;

3. ...

4. The members of the management of the Cantonal Bank of Jura;

5. The director of the Cantonal Insurance and Real Estate Prevention Establishment;

6. The director of the Pension Fund.

1 Ministers and personnel of the cantonal administration may not hold any judicial office. An exception remains for the engagement of a clerk in the capacity of a judge.

2 Prosecutors and judges of the Court of First Instance may not hold another judicial office in the service of the State except as substitute judges at the Administrative Court and the Insurance Court of the Cantonal Court.

The mandate of a federal parliamentarian is incompatible with the following functions

- deputy and substitute in the cantonal Parliament;

- prosecutor and permanent judge;

- substitute judge of the Court of First Instance and the cantonal Court;

- member of the Government.

Ministers cannot belong to a municipal authority.

Public prosecutors and permanent judges may not be part of a municipal authority.

**1 In the event of incompatibility related to the function, a deadline for choice is set by the Government. After this deadline, the president of the Cantonal Court conducts a drawing of lots to which the interested parties are invited.**

**2 In the event of the simultaneous election of individuals who are mutually exclusive under this law, the individual who received the highest number of votes is deemed elected, in the absence of a voluntary withdrawal, provided that the election took place under the same system. In the event of a tie, the president of the Cantonal Court conducts a drawing of lots to which the interested parties are invited. The same applies when two individuals, who are incompatible, have been elected simultaneously under a different electoral system and have been unable to reach an agreement within the deadline set by the president of the Cantonal Court.**

**3 When, due to an existing officeholder, a newly elected individual falls under Article 5, the election is void if the incumbent does not step down.**

If an incompatibility issue arises during the creation of a function, Parliament decides.

1 The law of October 26, 1978, on the status of magistrates and officials of the Republic and Canton of Jura is amended as follows

Article 16, paragraph 2

…

2 The law of November 9, 1978, on municipalities is amended as follows

Article 11, paragraphs 1bis and 2

…

Article 15, marginal note and paragraphs 1bis and 2bis

…

3 The law of October 26, 1978, on the Cantonal Bank of Jura is amended as follows

Article 11, paragraph 2

…

4 The Parliament regulation of April 26, 1979, is amended as follows

Article 88, paragraph 3

…

Are repealed

a) Articles 7 to 10 of the Law of October 26, 1978 on political rights;

b) Article 3 of the Law of October 26, 1978 on the status of magistrates and officials of the Republic and Canton of Jura;

c) Article 88, paragraph 2, of the Rules of Procedure of Parliament of April 26, 1979.

The Government establishes the entry into force of this law.