Constitution of the Canton of Lucerne (KV) - Canton of Lucerne (KV)

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

2. It is a canton of the Swiss Confederation.

1. The foundation and limit of state action is the law.

2. State action must be in the public interest and proportionate.

3. State bodies and private individuals shall act in good faith.

1. Every person has the duties to fulfill that are imposed upon them by the legal order.

2. They bear responsibility for themselves and share responsibility for the community and the preservation of the means of subsistence.

3. They contribute to the best of their ability to addressing the tasks of the state and society.

1. The canton and municipalities adhere to the principle of solidarity. They are committed to ensuring balance within society and among the parts of the canton. Anyone wishing to claim equalization benefits must make every reasonable effort to improve their situation.

2. The canton and municipalities act according to the principle of subsidiarity. They undertake tasks of public interest insofar as individuals or organizations do not adequately fulfill them. The canton takes on those tasks that exceed the capacities of the municipalities or that require uniform regulation.

1. The canton participates in the formation of the federal government and supports it in fulfilling its duties.

2. It safeguards its interests with the federal government.

3. It utilizes its scope for action in fulfilling the tasks assigned to it by the federal government.

4. It collaborates with the other cantons.

1. The canton is divided into municipalities.

2. It is subdivided into electoral districts.

3. Further divisions are established for the decentralized fulfillment of judicial and administrative tasks.

1. The Official Language is German.

1. The coat of arms of the canton is split in half into blue and white.

1. The main town of the canton is the city of Lucerne.

1. Human dignity shall be respected and protected.

2. Fundamental rights are guaranteed according to the provisions of the Federal Constitution.

1. The canton and municipalities fulfill the responsibilities assigned to them by legislation, particularly in the areas of

a. public safety and order,

b. economic development,

c. education,

d. health,

e. social security,

f. spatial planning,

g. transportation and infrastructure,

h. environmental protection and energy,

i. culture,

j. sports.

1. The canton and municipalities shall ensure in the fulfillment of their duties that the dignity, rights, and freedoms of individuals are protected and that public order is maintained.

2. They shall ensure that the family, as the fundamental unit of society, is protected and supported in addition to personal responsibility and private initiative, particularly through financial compensation measures and supplementary childcare.

3. They shall ensure that the natural foundations of life are preserved and that economic development benefits everyone.

1. The canton and municipalities fulfill their tasks in a manner that is close to the population, effective, and cost-conscious.

2. The canton fulfills its tasks in a decentralized manner if they are suitable for this and the economical use of resources permits it.

1. The canton and municipalities may delegate the fulfillment of tasks within the framework of legislation to individuals and organizations under public or private law.

2. They may establish or participate in organizations under public or private law.

3. The law ensures legal protection and supervision.

1. The tasks must be regularly reviewed to determine whether they are necessary and financially sustainable, and whether they are being performed effectively, economically, and by the appropriate service provider.

1. The right to vote is granted to all Swiss citizens who have their political residence in the Canton of Lucerne and are eligible to vote on federal matters.

1. The Right to Vote includes the right to participate in elections and referendums, to sign initiatives and referendums, and, subject to special eligibility requirements, to be elected.

1. The Electorate Elects

a. the Cantonal Council,

b. the Executive Council,

c. the Lucerne members of the National Council and the Council of States,

d. the Municipal Council,

e. the members of the Municipal Parliament, if such exists,

f. other authorities designated in the legal order.

1. The Cantonal Council is elected by a proportional representation system.

2. The law determines at least five electoral districts. An appropriate representation of the parts of the canton must be ensured.

3. The seats are distributed among the electoral districts according to the population.

4. The Executive Council and the members of the Council of States are elected by a majority voting system. In this process, the canton forms a single electoral district.

1. 5,000 eligible voters can request the initiation of proceedings for a complete revision or the amendment of specific parts of the cantonal constitution.

1. 4000 eligible voters may request the enactment, amendment, or repeal of a law.

1. The deadline for submitting the signatures is one year from the official publication of the proposal.

2. The Cantonal Council decides on the acceptance or rejection of the initiative.

3. For the initiative concerning the partial revision of the Cantonal Constitution and the legislative initiative, the following applies

a. The proposals can be submitted in the form of a general suggestion or as a drafted proposal.

b. They must respect the unity of form and the unity of matter.

c. The Cantonal Council may present a counter-proposal to an initiative.

1. The following shall be submitted to the voters for approval

a. the decision to commence a total revision of the cantonal constitution and amendments to the cantonal constitution,

b. laws and decisions of the Cantonal Council which authorize freely determined expenditures for projects totaling more than 25 million Swiss francs; for recurring expenditures, the total amount of each individual item shall be considered; if this cannot be determined, ten times the amount of an annual expenditure shall be decisive,

c. inter-cantonal and other agreements that result in freely determined expenditures for the canton exceeding 25 million Swiss francs,

d. proposals subject to an optional referendum, if decided by the Cantonal Council,

e. initiatives rejected by the Cantonal Council,

f. changes to the cantonal territory, excluding border adjustments,

g. other decisions of the Cantonal Council as provided for by law.

**1. The following must be submitted to the voters for approval upon request:**

a. Laws,

b. Resolutions of the Cantonal Council that authorize freely disposable expenditures for projects in a total amount of 3 to 25 million Swiss francs; for recurring expenditures, the total amount of the individual allocations is decisive; if this cannot be determined, ten times the amount of an annual expenditure is relevant,

c. Inter-cantonal and other agreements that result in freely disposable expenditures for the canton of 3 to 25 million Swiss francs or contain statutory law,

d. Mergers or divisions of municipalities decided by the Cantonal Council,

e. Other resolutions of the Cantonal Council as provided by law.

1. 3,000 eligible voters or one-fourth of the municipalities can request a referendum.

2. The deadline for submitting the signatures is 60 days from the official publication of the proposal.

1. Political parties participate in the formation of opinion and will.

2. The canton and municipalities can support them in this task.

1. Every person has the right to comment on cantonal constitutional and legislative drafts, as well as on other cantonal projects of general significance as part of consultations.

2. Political parties, municipalities, and interested groups are invited to submit their opinions.

1. Anyone who possesses the citizenship of a Luzern municipality is a citizen of the canton.

2. The law regulates naturalization.

1. The Cantonal Council, the Government Council, and the Cantonal Court perform the duties assigned to them by the constitution and the law.

2. No authority exercises its power in an unlimited and uncontrolled manner.

3. The authorities collaborate and coordinate their activities with each other.

1. Eligible for election to the Cantonal Council, the Executive Council, and the courts is anyone who is eligible to vote in cantonal matters.

2. The law may establish additional eligibility requirements for members of the courts.

1. The members of the Cantonal Council, the Executive Council, and the Courts are elected for four years.

2. The elections for the Cantonal Council and the Executive Council take place simultaneously.

1. Each member of the Cantonal Council, the Government Council, and the courts shall take the oath or vow before assuming office.

2. Whoever does not take the oath or vow relinquishes the office.

1. Members of the Cantonal Council, the Government Council, and the Cantonal Court may only belong to one of these authorities.

2. The law determines which additional functions within the cantonal administration and the courts are incompatible with membership in these authorities.

3. It establishes further incompatibilities.

1. Anyone who exercises their right to speak in the Cantonal Council and its committees cannot be held legally responsible for their statements.

1. The authorities shall inform the public in a timely manner about their objectives and activities.

1. The Cantonal Council is the legislative authority of the canton and exercises supreme oversight.

2. It consists of 120 members.

1. After the new election, the members of the Cantonal Council shall convene for the constitutive session before the end of June.

1. The Cantonal Council regularly convenes for sessions.

2. A quarter of its members may request an extraordinary session.

3. The sessions of the Cantonal Council are public. The public may be excluded for important reasons.

4. The President of the Cantonal Council chairs the session.

1. The Cantonal Council is capable of making decisions when the majority of its members are present.

2. Constitutional amendments and laws must be deliberated twice.

3. In the Cantonal Council, the majority of validly cast votes decides. The law can establish a different number of votes for specific matters.

1. The members of the Cantonal Council deliberate and vote without instructions.

2. They disclose their conflicts of interest.

1. The Cantonal Parliament forms committees from among its members.

2. The committees prepare the business, conduct inquiries, report to the Cantonal Parliament, and submit proposals. To fulfill their tasks, they have the procedural rights and special investigative powers designated by law.

3. The meetings of the committees are not public. The committees may decide on exceptions.

1. Members of the Cantonal Council may form factions.

2. Factions consist of at least five members of the Cantonal Council.

1. The Cantonal Council can require the Government Council to prepare matters that fall within its jurisdiction for deliberation.

2. If the Cantonal Council drafts a matter itself, it shall submit it to the Government Council for an opinion.

1. The Cantonal Council elects

a. from among its members, a President and a Vice President for one year,

b. its committees,

c. the President of the Government and the Vice President for one year,

d. upon the proposal of the Government Council, the State Secretary for four years,

e. the members of the courts and, for two years, the presidency of the Cantonal Court.

2. The law may establish further electoral competencies.

3. In its elections, the Cantonal Council duly considers the representation of political parties.

1. The Cantonal Council enacts important legal provisions in the form of a law.

2. The important legal provisions include, in particular, the regulations for which the Cantonal Constitution expressly provides for a law, and the essential provisions regarding

a. the legal status of individuals, particularly in the exercise of political rights,

b. the organization of authorities and procedures,

c. the duties of the canton and the purpose, type, and extent of its services,

d. the subject of levies, the principles of their assessment, and the group of taxpayers, with the exception of fees of minor amounts.

3. The law may confer the authority to enact legal provisions to the Government Council, the Cantonal Court, or other persons and organizations entrusted with performing public duties, insofar as this is not excluded by the Cantonal Constitution.

4. The Cantonal Council may issue regulations in the areas of organization and personnel, as long as the law provides for this.

1. The Cantonal Council handles fundamental planning proposals.

1. The Cantonal Council decides on

a. the annual determination of the budget and the tax rate,

b. the expenditures that exceed the powers of the Government Council,

c. the approval of the annual financial statement and other accounts, insofar as the law provides for this.

1. The Cantonal Council approves inter-cantonal agreements and agreements with legislative content, insofar as the Government Council is not solely responsible for their conclusion.

2. The Government Council consults the commissions of the Cantonal Council on negotiations concerning the conclusion of agreements requiring approval.

1. The Cantonal Council

a. exercises the rights to submit a facultative referendum and a cantonal initiative to the Confederation,

b. resolves jurisdictional conflicts between the Cantonal Council, the Government Council, and the Cantonal Court,

c. decides on amnesties and pardons,

d. handles petitions,

e. decides on the validity of popular initiatives,

f. addresses other matters assigned to it by law.

1. The Cantonal Council has the supreme supervision over the Executive Council, the administration, and other entities carrying out public duties, as well as over the administration of the Cantonal Court.

2. It notably handles the accountability reports.

1. The Government Council is the highest executive and administrative authority of the canton.

2. It consists of five members.

3. The President of the Government Council presides over its meetings.

1. After the general renewal election, the members of the government council assume office on July 1.

1. The government council adopts and represents its decisions as a collegiate authority.

1. The Executive Council prepares the business of the Cantonal Council, unless the latter drafts them independently.

2. The members of the Executive Council participate in an advisory capacity in the meetings of the Cantonal Council and its committees and can submit motions. The law may provide exceptions for participation in meetings.

3. The State Secretary ensures coordination between the Executive Council and the Cantonal Council and directs the State Chancellery.

1. The Government Council

a. plans and coordinates the objectives and means for fulfilling the cantonal duties,

b. represents the canton domestically and internationally,

c. maintains relations with authorities both within and outside the canton.

1. The Government Council issues implementing ordinances and, insofar as authorized by law, other additional ordinances.

2. In cases of urgent necessity, it may issue ordinances to implement superior law. These ordinances must be incorporated into ordinary law within two years.

3. To address extraordinary situations, such as imminent significant threats to public safety or social emergencies, the Government Council may issue necessary ordinances. These ordinances shall lapse no later than two years after coming into force.

1. The Executive Council conducts the cantonal administration and determines its tasks.

2. The members of the Executive Council each head a department.

1. The Executive Council drafts the budget and prepares the annual financial statement, as well as other accounts.

2. It decides on

a. one-time discretionary expenditures up to the amount specified by law,

b. mandatory expenditures not included in the budget,

c. the management of financial assets,

d. the acquisition of the funds necessary for financing.

1. The Executive Council conducts negotiations for inter-cantonal and other agreements.

2. It concludes agreements subject to the approval rights of the Cantonal Council.

3. It is solely responsible for concluding agreements

a. within its financial and legislative authority,

b. when authorized by a law or an approved agreement.

1. The Governing Council

a. ensures the implementation of legislation and the resolutions of the Cantonal Council, as well as the implementation and enforcement of legally binding judgments,

b. decides on appeals, insofar as the law provides,

c. takes measures to maintain public order and security,

d. accounts for the cantonal administration,

e. participates in federal matters, insofar as the Cantonal Council is not responsible,

f. handles other matters assigned to it by the legal system.

1. The canton guarantees an independent, impartial, and reliable judiciary.

2. Where the nature of the legal matter permits, mediation should be offered and understanding should be sought.

1. The courts adjudicate disputes in civil, criminal, and administrative matters.

2. The law regulates organization, jurisdiction, and procedure, and designates the other judicial authorities.

3. Inter-cantonal judicial authorities may be established.

1. The Cantonal Court is the highest judicial authority of the canton.

2. It adjudicates in divisions to which subject areas are assigned.

3. The law determines the election and legislative powers.

1. The law provides for first-instance courts for civil and criminal matters and designates the first-instance judicial authorities for administrative matters.

2. It regulates the judicial functions of the prosecuting authorities and the penal authority of the administrative bodies of the canton and the municipalities.

1. The cantonal court directs the court administration.

2. It submits proposals to the cantonal council and the government council and represents all judicial authorities subordinate to it.

3. It reports to the cantonal council.

1. The Cantonal Court exercises supervision over the other courts and other judicial authorities subordinate to it.

2. Further supervisory bodies may be established by law.

1. An ombudsman's office may be established by law. It mediates conflicts between private individuals and authorities.

1. Municipalities are public law corporations and have legislative and decision-making powers within the framework of cantonal law.

2. The autonomy of municipalities is guaranteed. Legislation determines its scope and provides the greatest possible degree of discretionary power.

1. Municipalities fulfill their own tasks and those assigned to them by the canton.

1. Municipalities shall establish a democratic organization and set out its fundamental principles in a municipal code.

2. The governing bodies of municipalities include, in particular, the eligible voters and the municipal council. Municipalities may establish a parliament.

1. Municipalities may collaborate with each other. The participatory rights of eligible voters must be upheld.

2. The law may require municipalities to collaborate if a task can only be effectively fulfilled in this manner.

3. The canton facilitates collaboration with municipalities of neighboring cantons.

1. The canton and municipalities work together in partnership.

2. The canton promotes the municipalities with the aim of increasing their performance and efficiency. It particularly supports the cooperation of municipalities and can promote territorial reforms.

1. The municipalities ensure effective control and management in the fulfillment of tasks and the determination of their organization.

2. The canton designates the authorities that supervise the municipalities, respecting their scope for decision-making. The law regulates the supervisory measures.

3. Municipal decrees must be submitted to the canton for approval, provided the law so requires. Unless otherwise stipulated by law, the review of the decrees is limited to their legality.

1. Decisions regarding changes in the composition and boundaries of municipalities are made by their eligible voters.

2. Mergers and divisions of municipalities require the approval of the Cantonal Council, while transfer of municipal boundaries requires the approval of the Executive Council.

3. Upon request from an affected municipality, the Cantonal Council may decide on the merger or division of municipalities, provided it is necessary for effective and economical task fulfillment. The affected municipalities must be heard. The decision is subject to a facultative referendum.

4. If changes in composition or boundaries result in a change of canton, they require the approval of the eligible voters from the affected municipalities and the canton.

1. Corporations are public law entities under cantonal law. The law regulates further details.

1. The canton and municipalities use public funds economically and effectively.

2. The law ensures that the financial budgets of the canton and municipalities are balanced, and any deficits are settled within a reasonable period.

3. The financial budgets of the canton and municipalities are to be audited independently and by qualified professionals.

1. The Canton and municipalities procure their resources especially

a. through the collection of taxes and other levies,

b. from contributions from the Federation and third parties,

c. from investments and their returns,

d. through the acquisition of loans and bonds.

1. The canton ensures an appropriate balance of the financial capacities of the municipalities.

2. It strengthens their financial autonomy, particularly by providing them with sufficient sources of funding.

1. The Roman Catholic, the Evangelical Reformed, and the Christian Catholic denominations are recognized public law corporations.

2. The Cantonal Parliament can recognize other religious communities as public law corporations. The law regulates the requirements and the procedure.

1. Public-law corporations are autonomous. They regulate the voting and electoral rights of their members and the basic principles of their organization in an enactment that must be submitted to their eligible voters for approval.

2. The enactment can provide for a division into public-law territorial corporations.

3. The corporations are entitled to levy taxes on their members and on legal entities.

4. The proceeds from the taxation of legal entities are to be used for social and cultural activities.

5. The law regulates the details.

1. The cantonal constitution can be amended at any time, either wholly or partially.

1. Through a partial revision, individual constitutional provisions or several substantively interconnected constitutional provisions can be amended.

1. The State Constitution of the Canton of Lucerne of January 29, 1875, is repealed.

1. Decrees issued by an authority that no longer has jurisdiction, or that were resolved through a procedure no longer regulated in the same manner, remain in force. Their amendment is subject to new law.

2. The members of the authorities shall remain in office according to the previous law until the end of the current term.

3. Until the legal reorganization of the supreme judicial authority pursuant to §§ 63, 65, and 66, §§ 73, 77, and 86bis of the State Constitution of 1875 shall apply. The remaining provisions of this constitution regarding the courts apply mutatis mutandis to the Supreme Court and the Administrative Court.

4. Until a new legal arrangement is enacted, the City of Lucerne, the other municipalities of the District of Lucerne, the municipalities of the District of Hochdorf, those of the District of Sursee, those of the District of Willisau, and those of the District of Entlebuch shall each form an electoral district according to previous law.

5. For initiatives and referendums where the collection period is ongoing or the public vote is pending at the time of this constitution’s entry into force, previous law shall apply.

6. Until the enactment of a legal regulation, §§ 17, 45 paragraph 3, 75 paragraph 1, 85, 91, and 92 of the State Constitution of 1875 shall continue to apply.

1. The next elections for municipal councils and municipal parliaments, as well as for district courts, will take place in the year 2008.

2. The next elections for the Cantonal Council, the Government Council, and the Lucerne members of the Council of States will take place in the year 2011.

3. The election of the members of the Council of States will take place simultaneously with the election of the National Council.

1. The eligible voters or, if one exists, the municipal parliament are responsible for initiating a referendum for the municipality, unless another body is designated in the municipal regulations.

1. Amendments to the State Constitution of 1875 are formally adapted to this Constitution following their adoption by the Grand Council. The corresponding decisions of the Grand Council are not subject to a referendum.

1. The Constitution shall enter into force on January 1, 2008.