1 State - People - Authorities - 15 Authorities - 151 Grand Council - Title One - General Provisions (OGC)
Table of Provisions (394)
Statutory Text (394 Articles)
Acts of the Grand Council and its bodies cannot be subject to a cantonal appeal.
[2] 1 The Grand Council exercises legislative power.
2. It is composed of one hundred deputies (hereinafter: members of the Grand Council).
3. The members of the Grand Council are elected by the people for four years, according to the system of proportional representation.
1. At the opening of the ordinary session in May, the Grand Council elects for a term of one year, its president, a first vice-president, and a second vice-president, two members of the office (hereinafter: office), four tellers, and two substitute tellers.
2. They assume office immediately.
3. The groups are represented in these positions based on proportional representation.
1. The President of the Grand Council may not be re-elected to this position during the same legislative term.
2. In the event of a vacancy during the year, a replacement shall be elected for the remainder of the term of office.
3. In the event of a vacancy of the President of the Grand Council, paragraph 1 does not apply.
1 Any party that has obtained at least five seats in the Grand Council constitutes a group.
2. A party may forgo forming a group and associate with one or more other parties to form a group if together they have obtained at least five seats in the Grand Council.
1. Groups are announced to the office by the parties at the beginning of the legislature and for the entire duration thereof, even if the group's number of seats is no longer five subsequently.
2. During the course of the legislature, a group resulting from an association may decide to dissolve.
3. Article 6 shall then apply by analogy.
1 Members of the Grand Council who leave a group cannot create a new one.
The Grand Council has the right to obtain from the Council of State and the administration all the information it needs to perform its duties, particularly in the exercise of high oversight.
Public access to the sessions of the Grand Council, the bureau, and the committees, as well as access to official documents and public information, are governed by the Transparency of State Activities Act (LTAE) of June 28, 2006 [3].
The Grand Council may adopt regulations.
1. After the validation of the elections by the Grand Council, the State Chancellery reports to the General Secretariat the members and substitute members of the Grand Council whose functions appear to be incompatible with their mandate in the Grand Council.
2. It does the same after oath-taking during the legislative period.
1. The secretariat of the Grand Council forwards these cases of apparent functional incompatibilities to the judicial commission.
2. The judicial commission examines them.
3. It reports to the Grand Council on the outcome of its work.
1. After the general elections, this report must be discussed during the ordinary session following the constituent assembly.
2. In other cases, this report must be discussed during the ordinary session following the swearing-in.
3. This report may be handed over to the members of the Grand Council on the day of the session itself.
The Grand Council makes final decisions on the cases of functional incompatibilities submitted to it.
1. In cases of functional incompatibilities that have led to a decision by the Grand Council, the option period is ten days from the pronouncement of the said decision.
2. For other cases of functional incompatibilities, the option period is ten days from the validation of the elections by the Grand Council.
3. In the absence of a choice, the new function prevails.
The General Secretariat informs the Council of State of the outcome of the option procedure.
If an authority has lifted the duty of confidentiality to allow the Grand Council to exercise its powers, the members and substitute members of the Grand Council are in turn bound by the duty of confidentiality for the information and documents thus communicated to them.
1. Members and substitute members of the Grand Council are bound by official secrecy to the extent prescribed by law.
2. To this end, they must treat confidentially any fact, document, or information they become aware of in the exercise of their mandate and whose disclosure
a) is restricted under a law or a decision by a competent authority authorized to impose such a restriction;
b) prejudices an overriding public or private interest or personality rights;
c) interferes with ongoing civil, criminal, or administrative proceedings.
1. The Office Decides on the Lifting of Official Secrecy of the Members of the Grand Council.
2. Official secrecy is lifted, in whole or in part, by a simple majority of the members present if an overriding public or private interest justifies it.
Members and alternate members of the commissions and the office are bound by official secrecy, subject to the exceptions provided by law.
[4] 1 Members or alternate members of the committees and the bureau are required to maintain confidentiality regarding the content of all materials intended to reproduce or summarize the statements or remarks made in the committee or bureau, such as the minutes.
2. The lifting of the duty of confidentiality is decided by the unanimous agreement of all members of the concerned bureau or committee.
3. The beneficiaries of this lifting of the duty of confidentiality must be designated by the concerned bureau or committee.
[5] 1 Regarding other documents and committee work, the relevant office or committee, if it is still functioning, decides on the lifting of official secrecy by a simple majority of the members present; the beneficiaries of this lifting of official secrecy must be designated by the relevant office or committee.
2. Repealed.
3. Official secrecy is lifted, wholly or partially, if an overriding public or private interest necessitates it.
4. If an authority has lifted official secrecy to allow the office or a committee to exercise its competencies, it is heard beforehand and can veto any subsequent lifting of secrecy.
5. If the secrecy concerns information provided by a person, that person is heard beforehand.
1. Breach of Official Secrecy
The breach of official secrecy falls under the provisions of the Swiss Penal Code.
2. Reporting the Offense
This offense must be reported to the public prosecutor by the relevant office or commission as soon as they become aware of it.
1. Persons who are aware of facts, documents, or information pertaining to official secrecy in the course of or in connection with their current or former activities within or in the service of the Grand Council or its bodies are subject to official secrecy.
2. This official secrecy is lifted by the concerned bureau or commission, if it is still in function.
1. The right of initiative belongs to each member and alternate member of the Grand Council, as well as to the office, the groups, and the committees.
2. It also belongs to the Council of State and to each municipality.
1 By initiative, is meant the right to submit a proposal to the Grand Council in one of the following forms
g) amendment.
2. The initiative also includes the right to pose a question to the Council of State.
[6] 1 Members of the Grand Council who are unable to attend may be substituted by alternate members during sessions.
2. Alternate members can only replace members of the Grand Council from the list on which they were elected.
3. Notification of substitution must be made to the general secretariat prior to the opening of the session.
Alternate members may be designated to represent their group in permanent, thematic, or temporary committees.
The election of substitute members is governed by Articles 63a to 63d of the Political Rights Act (PRA), dated October 17, 1984 [7].
1. Alternate members are sworn in alongside the members of the Grand Council at the beginning of the legislature.
2. They replace members of the Grand Council who are unable to attend, for at least one session during the meetings.
3. They receive the same documentation and remuneration as the members of the Grand Council.
1. Alternate members may not serve as a member of the bureau, nor as a scrutineer, nor as a substitute scrutineer.
2. If an alternate member exercises the function of reporting member of a commission, they shall be substituted if necessary, during the plenary debates, by a commissioner who is a member of the Grand Council.
3. They may be invited to speak before the Grand Council upon the invitation of the President of the Grand Council; they do not participate in the voting.
For the remainder, the provisions of this law relating to the members of the Grand Council are applicable to the alternate members.
1. The members of the Grand Council have access to the documents resulting from the work of the committees and the office and prepared by them.
2. They have access to the documents and information that are brought to the attention of the members of the committees and the office within the scope of their mandate, unless otherwise decided by those who prepared these documents or provided this information.
1. If the proper exercise of their duties justifies it, or if their proceedings could harm an overriding public or private interest or personal rights, the commissions and the office may decide that their members are subject to official secrecy for all or part of their proceedings.
2. Members of the Grand Council then no longer have access to these proceedings.
[8] 1 In the event of a dispute concerning the principle or the scope of the information to be transmitted, the requesting member of the Grand Council submits the matter to the judicial committee.
2. The judicial committee investigates the dispute and hears the bureau or the committee.
3. It makes a final decision on the dispute.
4. If the judicial committee is a party to the dispute, its powers are exercised by the management and evaluation committee.
1. Members of the Grand Council have the right to consult the documents that the Council of State had at its disposal and that relate to the matters addressed by the Grand Council.
2. They also have the right to obtain all necessary information from the Council of State and the cantonal administration for the exercise of their mandate.
3. They may consult the related documents.
1. Members of the Grand Council submit a substantiated request to the Council of State or to the head of the relevant department, or if applicable, to the Chancellor of State.
2. If the request is denied by a substantiated decision, due to overriding public or private interests, the applicants may appeal to the Data Protection and Transparency Commission.
3. The decision of the commission is final.
**1 Before taking the oath, each member of the Grand Council and each alternate member shall report to the general secretariat, subject to professional confidentiality:**
a) their professional activity;
b) their roles within the management or supervisory bodies of Swiss or foreign foundations, companies, and institutions, whether they are public or private;
c) their permanent leadership or consulting roles on behalf of Swiss or foreign interest groups;
d) their roles within commissions or other bodies of the Confederation, the canton, and the municipalities;
e) their political roles.
**2. Any changes occurring during the legislative term shall be promptly communicated to the general secretariat.**
1. The General Secretariat keeps a register of the declared interests of the members and substitute members of the Grand Council.
2. This register is public.
[9] Members of the Grand Council and substitute members shall disclose their interests related to a matter being addressed by the Grand Council when they speak about it in plenary or during a committee meeting.
Members and substitute members of the Grand Council cannot be prosecuted for the statements they make before the Grand Council or any of its organs.
[10] If the subject of the discussion particularly and directly concerns a member of the Grand Council in a personal or professional capacity, they must voluntarily withdraw during the discussion and voting.
[11] Recusal is not required when the discussion and vote concern
a) a normative act of general and abstract scope;
b) the budget and accounts;
c) the acceptance or classification of a resolution, a recommendation, a motion, a postulate, or an opinion during federal consultations.
[12] In matters of high surveillance and evaluation of public policies in general, and more particularly during the work of management, evaluation, and judicial commissions, or during the examination of pardon requests, commission or sub-commission members shall recuse themselves not only for the reasons set forth in Article 42, but also when their impartiality could be called into question for other reasons.
1. Upon the opening of the debate, the member of the Grand Council informs the President of the Grand Council, the bureau, or the commission that they find themselves in a case of recusal.
2. The President of the Grand Council, the bureau, or the commission informs the assembly and invites the concerned member of the Grand Council to leave the meeting room.
3. The recusal is recorded in the minutes.
1. Disputes arising within the Grand Council, the office, or the commissions concerning a case of recusal are resolved immediately.
2. They are raised by a point of order.
A failure to recuse does not affect the decision made by the Grand Council, the commission, or the bureau.
1. The minutes of the sessions of the Grand Council are printed and constitute the Official Bulletin of the Deliberations of the Grand Council.
2. Three copies of the Official Bulletin of the Deliberations of the Grand Council, bearing the seal of the Grand Council and the signatures of the President and the Secretary General of the Grand Council, are respectively deposited in the archives of the Grand Council, the State, and the Council of State.
3. The annexed documents are bound separately for each session.
4. The acts of the Grand Council are recorded in chronological order.
1. An inventory of the archives of the Grand Council is continuously maintained by the General Secretariat.
2. The archives of the Grand Council and its bodies are, moreover, governed by the Law on Archiving (LArch) of February 22, 2011 [13].
The bodies of the Grand Council are
d) the committees.
1. The Presidency of the Grand Council is formed by the President of the Grand Council.
2. In the event of the President's impediment or recusal, or while the President is expressing their opinion as a member of the Grand Council, their functions are carried out by the First Vice-President, and failing this, by the Second Vice-President.
3. If all three of these persons are impeded or recused, their functions are carried out by the former Presidents of the Grand Council present, starting with the most recently retired, or if none are available, by the longest-serving member of the Grand Council.
**1. The President:**
a) convenes the Grand Council;
b) leads the sessions of the Grand Council and the board, ensuring that they duly perform their tasks in a timely manner;
c) ensures compliance with the legislation concerning the Grand Council as well as the dignity of the debates and maintenance of order;
d) ensures that the Council of State takes necessary security measures for the proper functioning of the Grand Council sessions;
e) takes urgent measures and makes essential decisions on behalf of the board; informs the board at the next meeting;
f) co-signs all acts and correspondence of the Grand Council and the board with the Secretary General.
**2. For the execution of tasks, the President is supported by the General Secretariat.**
1. In the event of a demonstration, disorder, or commotion at the public rostrum, the president may evacuate it if a warning has remained ineffective.
2. The session is then suspended until order is restored.
3. The president may also suspend the session and evacuate the hall in case of serious disorder or commotion in the hall.
4. He or she may call upon the Neuchâtel police.
Invitations addressed to the Grand Council are honored by the President or, failing that, by the First Vice-President, and, if unavailable, by the Second Vice-President.
[14] 1 When the president deems it necessary to provide specific information to the media through a conference, briefing, or press release, the draft is first submitted to the Grand Council office.
2. The transmission to the media is ensured by the general secretariat of the Grand Council.
The office is composed of the president of the Grand Council, who presides over it, the first vice president, the second vice president, two elected members, and the presidents of the groups.
In the event of an impediment, only the chairperson of the group may be replaced by a member of their group.
1. The President of the Council of State or one of its members may participate, upon invitation and with a consultative voice, in all or part of the meetings of the bureau.
2. The State Chancellor participates, upon invitation and with a consultative voice, in all or part of the meetings of the bureau.
The Secretary General of the Grand Council participates in bureau meetings by invitation, with an advisory vote.
[15] 1 The office ensures the administrative direction and management of the Grand Council, subject to the general competencies of the plenary and those of the presidency.
2. It handles the matters assigned to it by legislation or the Grand Council as well as those that do not fall under another organ of the Grand Council.
3. It notably has the following responsibilities
a) It ensures the proper functioning of the Grand Council, its bodies, and its general secretariat;
b) It ensures the diligent processing of proposals from members of the Grand Council;
c) It constitutes the commissions, assigns them matters, and appoints their members when these responsibilities do not fall under the Grand Council;
d) It assembles, if necessary, the presidents of the permanent and thematic commissions to coordinate their work;
e) It plans the sessions of the Grand Council and sets their dates;
f) It verifies the admissibility and finalizes the list and order of items to be addressed by the Grand Council, as well as their mode of processing;
g) It handles correspondence addressed to the Grand Council as well as other current matters;
h) It ensures the diligent processing of matters with which the Grand Council has charged the Council of State;
i) It verifies the eligibility conditions of a member of the Grand Council during the legislature and submits the results of this verification to the Grand Council;
j) It finalizes the determination of the Grand Council in administrative and judicial proceedings involving the Grand Council;
k) It decides on the lifting of official secrecy;
l) It ensures compliance with the obligation to disclose conflicts of interest and maintains the register, and it decides on contentious cases;
m) It may express the position of the Grand Council regarding popular votes;
n) It adopts its rules if necessary;
o) It approves the allocation of seats for members of the Grand Council in the Grand Council chamber;
p) It ensures that members of the Grand Council are present at Grand Council sessions or duly excused and, if necessary, reminds them of their duty;
q) It decides on conflicts concerning the participation of members of the Council of State in commission meetings;
r) It resolves disputes regarding the content of the minutes of Grand Council sessions;
s) It resolves disputes regarding amendments;
s bis) It decides the fate of amendments (Art. 294, para. 1 bis);
t) It decides on projects of external communication submitted to it by the presidency (Art. 53a) or the commissions (Art. 64a); it informs the Council of State of communications made to third parties.
1. The board meets as often as required by business matters, upon the invitation of the chairperson or at the request of three of its members.
2. The board may authorize a delegation of its members to exercise powers on its behalf in areas it defines.
3. It may also delegate the preparation of a matter to a delegation of its members, a committee, or the general secretariat.
4. Otherwise, it organizes itself freely.
1. Decisions of the board are made by a majority of the members present.
2. The chairwoman or chairman of the board votes.
3. In the event of a tie, she or he casts the deciding vote even if she or he has already voted.
1. The Grand Council is appointed with four scrutineers and two alternate scrutineers.
2. The scrutineers organize themselves.
[16] The tellers are responsible for
a) checking the attendance list;
b) proceeding with the roll call in the cases provided for by law;
c) validating electronic voting minutes, issuing and collecting ballot papers, counting the votes, audibly counting the votes when voting occurs by show of hands, and communicating the result to the President of the Grand Council;
d) establishing the number of Grand Council members present in the room in the cases provided for by law.
There exist permanent, thematic, and temporary committees within the Grand Council.
[17] 1. The committees carry out the tasks assigned to them by legislation, the Grand Council, or its office.
2. They report to the Grand Council on all their work in the form of written reports.
3. Repealed.
4. If necessary, they inform the Grand Council at any time.
[18] 1 As a rule, committees make their work public only through written reports.
2. When a committee deems it necessary to provide a specific piece of information to the media via a press conference, press briefing, or press release, the draft is first submitted to the office of the Grand Council.
3. When communicating in this context, committees express themselves through their chairperson or a member designated for this purpose.
4. The transmission to the media is managed by the General Secretariat of the Grand Council.
1. The members of the committees, their chairwoman or chairman, and their vice-chairwoman or vice-chairman are appointed by the bureau based on the proposals of the groups, on the basis of proportional representation.
2. The law may provide for a different distribution for the composition of the committees.
3. Unless otherwise decided by the bureau, the groups are designated at the top of the list by rotation.
1. Each committee organizes its initial work no later than during the session of the Grand Council following its appointment.
2. It appoints a member as rapporteur for each item addressed.
3. It may form sub-committees.
4. It may, within the limits of its competencies, adopt regulations on its organization and functioning.
1. The commissions have the right to obtain from the Council of State, from each member of the Council of State, and from the administration all the information they need to carry out their duties, particularly in the exercise of high oversight.
2. To obtain this information, they submit their requests to the Council of State, the relevant department, or the State Chancellery.
3. They may also submit their requests to an administrative entity, with the prior consent of the department to which it is attached.
4. The request must enable the recipient to clearly identify the information to be transmitted.
[19] 1 In case of a dispute regarding the principle or the extent of the information to be transmitted, the requesting commission shall refer the matter to the judicial commission.
2. The judicial commission investigates the dispute and hears the State Council.
3. It submits its report to the Grand Council, which makes a final decision on the dispute.
4. If the judicial commission is a party to the dispute, its powers are exercised by the management and evaluation commission.
1. The commissions of the Grand Council may consult the minutes and documents received or prepared by another commission or by the bureau, subject to the exceptions provided by law.
2. However, they may not consult the minutes and documents received or prepared by another commission or the bureau under the seal of secrecy unless it has been previously lifted.
Commissions may conduct hearings and consultations as they deem useful.
The Chairperson of the commission, in particular
f) in the event of a tie, he or she casts the deciding vote even if he or she has already voted.
1. Subject to special provisions of this law, the members of the Council of State may participate in the sessions of the committees dealing with matters relevant to their department or function.
2. They may speak and make proposals.
3. They may be accompanied by members of the administration.
1. The commission may invite the Council of State to refrain from participating in all or part of one of its sessions.
2. If the Council of State does not intend to comply with this invitation, the commission may refer the matter to the bureau.
3. The bureau makes a final decision after hearing the Council of State.
The State Chancellor may participate in all or part of the sessions upon invitation by the commission.
[20] 1. Committees shall keep minutes of their meetings.
2. These minutes shall notably include the attendees, the proposals discussed, a summary of the essential points of the discussion, the decisions made, and the related votes.
3. Exceptionally, and with the unanimous agreement of the members present, the committee may decide not to include a summary of the essential points of the discussion (minutes containing only the decisions).
When the Council of State is not present at a commission meeting, the commission shall decide to what extent the minutes are communicated to it.
When a vacancy occurs in a commission, the office shall promptly appoint a new member on the proposal of the group to which the commissioner to be replaced belongs.
Members of the committees may be replaced during their meetings by members of their group.
1. The bureau decides to which committee reports and bills or decrees are sent for examination.
2. It also decides to which committee other acts of the Grand Council are sent for examination or instruction.
3. The committee involved may propose to the bureau the referral to another committee.
[21] 1 The standing committees are
g) the petitions and pardons committee.
2. The members of the standing committees are appointed by the bureau at the first session of the legislature, for the duration of the legislature.
[22] 1 The legislative committee is composed of thirteen members.
a) any partial revision of the Constitution;
b) any bill or draft decree whose adoption requires a modification of the Constitution;
c) any total or partial revision of the law on political rights, the law organizing the Grand Council, the law on the organization of the Council of State and the cantonal administration;
d) any total or partial revision of the law on judicial organization and the laws on the judiciary and the supervision of judicial authorities;
e) any bill or draft decree ensuring the implementation of the Swiss Civil Code, the Code of Obligations, the Federal Act on Debt Collection and Bankruptcy, the Swiss Penal Code, and the procedural codes;
f) any total or partial revision of the laws on procedure and administrative jurisdiction.
3. It may also be entrusted by the office with the examination of reports supporting bills or draft decrees and reports providing information on other matters.
[24] 1 The Management and Evaluation Commission comprises fifteen members.
2. It is responsible for exercising high-level oversight over the management of the Council of State, the cantonal administration, and the general secretariat.
3. It conducts its high-level oversight activity from the perspectives of legality, appropriateness, effectiveness, and economic efficiency.
[25] Within the scope of its duties, the management and evaluation commission is specifically responsible for
a) examining the annual report of the Council of State regarding its management;
b) preparing specific reports whenever the General Council assigns it particular mandates;
c) preparing such reports on its own initiative within the scope of its duties;
d) overseeing the implementation of laws and the execution of proposals accepted by the General Council;
e) examining, from a management perspective, the reports of the Council of State concerning the achievement of objectives set for entities carrying out public tasks delegated by the State;
f) examining, from a management perspective, how the Council of State exercises high supervision over entities carrying out public tasks delegated by the State;
g) investigating disputes regarding the principle or extent of information to be transmitted to a member or alternate member of the General Council when the judicial commission is a party to the dispute (art. 36);
h) investigating disputes regarding the principle or extent of information to be transmitted to a commission when the judicial commission is a party to the dispute (art. 68).
[26] 1 The Management and Evaluation Commission conducts the evaluation of public policies.
2. To this end, it may assign external mandates, notably by relying on the expertise of the Cantonal Financial Auditing.
3. It decides on the publication of evaluation reports and their transmission to the Grand Council. Article 64a is not applicable.
4. As part of its annual report to the Grand Council Bureau on State management, the COGES reports on its activities, notably on the evaluation of public policies.
[27] 1 In addition to the information accessible to all commissions, the management and evaluation commission may require entities exercising public duties delegated by the State to provide all necessary information and documentation for the exercise of its mandate.
2. When a public office holder or a member of an entity exercising public duties delegated by the State needs to be heard or when investigations need to be conducted, the management and evaluation commission informs the head of the department or the management of the concerned entity of its intention in writing.
3. If the head of the department or the management of the concerned entity requests, they shall be heard beforehand.
4. Official secrecy cannot be invoked against the commission.
[28] If a member of the Council of State is criminally prosecuted for an intentional crime or offense, they must immediately notify the office.
[29] The Management and Evaluation Committee has a budget allowing it to incur expenses for mandates, expert opinions, or studies, particularly when it conducts evaluations of public policies within the meaning of Article 83a.
Members of the Council of State may, upon the commission's invitation, participate in whole or in part in its sessions.
[30] 1 The reports of the management and evaluation commission are simultaneously addressed to the Grand Council and the Council of State.
2. The Council of State may provide written observations on the content of these reports until the opening of the debates.
3. The reports of the management and evaluation commission may contain directives addressed to the Council of State.
4. If these directives are accepted by the Grand Council, they are transmitted to the Council of State for execution.
[31] 1 The Finance Committee is composed of fifteen members.
2. It is specifically responsible for
a) examining the legislative program and the accompanying financial plan;
b) proceeding with the examination of the budget and accounts, as well as the State's financial planning;
c) making decisions on urgent credits, in accordance with the procedure provided by the Finance Law;
d) ensuring that the approved credits are utilized as intended and are not exceeded;
e) examining, from a financial perspective, the reports of the Council of State concerning the achievement of objectives set for entities performing public tasks delegated by the State;
f) examining, from a financial perspective, how the Council of State exercises its supreme supervision over entities performing public tasks delegated by the State.
1. In addition to the information accessible to all committees, the finance committee may demand from entities performing public tasks delegated by the State all information and documentation necessary for the exercise of its mandate.
2. When a public office holder or a member of an entity performing public tasks delegated by the State is to be heard or investigations are to be conducted, the finance committee shall inform in writing the head of the department or the management of the concerned entity of its intention.
3. If the head of the department or the management of the concerned entity so requests, they shall be heard beforehand.
4. The duty of confidentiality is not applicable against the committee.
The finance committee has a budget that allows it to incur expenses for mandates, expertise, or studies.
Members of the Council of State may only attend the meetings of the commission, in whole or in part, by invitation of the latter when it is examining the manner in which the Council of State exercises high-level oversight over entities performing public tasks delegated by the state (Art. 88, para. 2, let. f).
1. The reports of the finance commission are simultaneously submitted to the Grand Council and the Council of State.
2. The Council of State may provide written observations on the content of these reports until the opening of the debates.
3. The reports of the finance commission may contain directives addressed to the Council of State.
4. If these directives are accepted by the Grand Council, they are transmitted to the Council of State for execution.
[32] 1 The Foreign Affairs Committee consists of thirteen members.
2. It is responsible for
a) studying matters related to inter-cantonal and international affairs as well as the legislative changes resulting therefrom;
b) reporting on the approval of treaties, conventions, and international and inter-cantonal concordats that do not fall under the exclusive competence of the Council of State;
c) representing the Grand Council in interparliamentary committees within the framework of the procedure for drafting, ratifying, implementing, and amending inter-cantonal conventions and treaties with foreign countries;
d) representing the Grand Council in interparliamentary committees with the aim of exercising interparliamentary management control.
3. It is regularly informed by the Council of State about the policies pursued by international and inter-cantonal organizations in which the canton participates, as well as the negotiations undertaken for the conclusion of treaties or concordats.
4. It may be consulted by the Council of State on any question concerning the canton’s external relations.
Upon the proposal of the Foreign Affairs Committee, the office may appoint other members of the Grand Council to represent the said committee in an interparliamentary committee.
1. The Judicial Committee is composed of six members.
2. Its tasks are defined by the law on the high supervision of the management of judicial authorities and the exercise of other competencies of the Grand Council in judicial matters (High Supervision Law, HSL), dated January 27, 2004 [33].
3. Additionally, the Judicial Committee has the following responsibilities
a) to investigate cases of incompatibility (art. 13);
b) to investigate disputes regarding the principle or the scope of information to be transmitted to a member or alternate member of the Grand Council (art. 36);
c) to investigate disputes regarding the principle or the scope of information to be transmitted to a committee (art. 68);
Members of the Council of State may, upon the commission's invitation, participate in whole or in part in its sessions.
1. The drafting committee is composed of six members.
2. It is responsible for examining the laws and decrees as well as other acts voted on by the Grand Council and submitted to it by the bureau.
3. It only reviews the arrangement and form of the texts submitted to it.
4. Any modification of the text must be decided unanimously by the members present in the committee.
5. The Grand Council is informed of this.
[34] 1 The Petitions and Pardons Committee consists of nine members.
2. It is responsible for
b) examining the letters or petitions that the office refers to it.
3. In the event that a petition is sent simultaneously to the Council of State and the Grand Council, the response to the petitioners primarily falls under the responsibility of the Petitions and Pardons Committee.
Members of the Council of State may not participate in the sessions of the petitions and pardons commission when it is conducting and reviewing pardon requests.
1. The thematic commissions are established by the Grand Council to address important matters that exhibit a strong similarity among them and are of a certain duration in time.
2. The Grand Council decides on their dissolution.
The Grand Council establishes by decree the missions of the thematic commissions at the time of their constitution.
1 Temporary Committees are established by the Grand Council to examine specific matters.
2. They are dissolved upon the adoption of their final report by the Grand Council.
1. The General Secretariat of the Grand Council (hereinafter: General Secretariat) is the staff of the Grand Council.
2. It is directly attached to the Grand Council.
3. It is independent of the administration.
4. It has its premises at the Château de Neuchâtel.
1. The General Secretariat assists the Grand Council and its bodies in the exercise of their duties.
2. It provides logistical support to them.
3. It informs the members of the Grand Council about the procedural aspects of their parliamentary activities.
4. It undertakes other tasks assigned to it by law or regulation.
[35] The General Secretariat is specifically responsible for
a) planning and organizing the sessions of the Grand Council and the meetings of its bodies;
b) performing secretarial work and drafting the minutes of the Grand Council and its bodies;
c) supporting the President of the Grand Council during events and representations;
d) preparing the budget proposal and producing the accounts;
e) informing the public about the Grand Council and its activities;
f) managing and preserving the acts and documentation of the Grand Council and its bodies, and proposing them for archiving;
g) providing audiovisual recording of the sessions of the Grand Council;
h) publishing the Official Bulletin of the Grand Council's deliberations;
i) maintaining the register of interests;
j) keeping the registers necessary for the activities of the Grand Council and its bodies;
k) organizing training sessions during the legislature for the members of the Grand Council;
l) performing all other tasks related to the administration of the Grand Council and its bodies.
1. The Secretary-General is appointed by the Bureau.
2. He or she is subject to the Public Service Status Act (PSSA), of June 28, 1995 [36], and its implementing regulations.
1 The Secretary General directs the General Secretariat.
2. He or she leads the staff of the General Secretariat.
3. He or she assumes the other duties assigned to them by law or regulation.
1. The staff of the General Secretariat consists of
c) administrative staff.
2. Upon the proposal of the Secretary General and after consultation with the Council of State, the bureau determines the number of staff within the General Secretariat.
3. The staff of the General Secretariat is appointed by the bureau on the proposal of the Secretary General.
4. The staff of the General Secretariat is subject to the LSt and its implementing regulations.
1. The General Secretariat may seek the support of administrative services in the performance of its duties.
2. With the agreement of the State Chancellery, it may utilize the services of bailiffs.
The rules applicable to administration in the field of financial management and budgetary procedure apply by analogy to the Grand Council and its general secretariat, subject to the provisions of this law.
1. The Great Council has financial resources allocated in its budget for its own needs and those of its general secretariat.
2. The cost centers of the Great Council and the general secretariat constitute a chapter of the State's budget and accounts.
[37] 1 The General Secretariat prepares the draft budget and produces the accounts of the Grand Council and its own accounts within the framework of the State's budget and accounts.
2. It collaborates closely with the department in charge of finances.
3. It submits the draft budget and the accounts to the office for acceptance.
[38] 1 The draft budget and the accounts of the Grand Council and the general secretariat accepted by the office are incorporated without modification into the State's budget and accounts.
2. The Council of State delivers its opinion on the draft budget and the accounts in its report supporting the budget and accounts.
3. The first vice-president of the Grand Council defends the budget and presents the accounts of the Grand Council and those of the general secretariat before the Grand Council.
[39] 1 The Finance Committee may propose to the Grand Council amendments to the budget draft accepted by the bureau.
2. This draft may not be subject to amendment proposals by the Council of State.
[40] The Secretary General is accountable, before the Finance Committee and, where applicable, before the Grand Council, for questions relating to the budget proposal and the accounts of the Grand Council and the General Secretariat.
When the Grand Council approves, for its own needs or those of its general secretariat, an appropriation for an expense that must be made during the fiscal year and the budget does not provide for any credit in this regard or provides insufficient credit, the Council of State makes the necessary funds available to the Grand Council upon the first request of the bureau.
The provisional bureau is composed of the longest-serving dean of the Grand Council, and in the event of a tie, the oldest member, as well as the four youngest members of the Grand Council.
[41] The provisional office appoints, from among the members of the Grand Council, an election validation commission consisting of thirteen members in which all parties are represented.
1. The Grand Council convenes to constitute itself on the last Tuesday of May following the general elections.
2. The provisional office calls this session and sets its agenda.
3. This session is preceded by a solemn ceremony, in principle held at the Collegiate Church.
1. The General Secretariat provisionally allocates seats in the Grand Council hall, taking into account, as far as possible, the preferences of the groups.
2. The bureau approves this allocation or, if necessary, modifies it.
1. Upon verification of attendance, the first session is opened under the presidency of the dean of seniority of the Grand Council and, in the event of a tie, by the eldest member.
2. If this person refuses or is unable to act, the presidency falls to the member of the Grand Council who has served the longest after them.
3. The other members of the provisional bureau function as scrutineers.
1. The Grand Council approves by decree the result of its election and that of the election of the members of the Council of State.
2. The election validation commission verifies the minutes of the elections of the Grand Council and the Council of State.
3. The Grand Council discusses the report of the election validation commission and decides on its proposals.
1. If the election validation commission identifies other grounds for contesting the election beyond those stipulated in Article 134 LDP, it shall immediately hear the parties concerned and review the case.
2. The report of the election validation commission contains proposals on each of the disputes identified.
3. Individuals whose election is not validated by the Grand Council must withdraw immediately.
1. The electoral validation commission does not have the jurisdiction to address disputes brought before the State Chancellery.
2. These disputes do not prevent the validation of the elections by the Grand Council.
**1. After the validation of the elections, the president of the provisional bureau invites the assembly and the public to rise, then reads the oath formula in these terms:**
"I promise to respect the rights and freedoms of the people and of the citizens, to strictly observe the Constitution and constitutional laws, and to faithfully and conscientiously fulfill the duties of my office."
**2. Upon the call of their name, each member and substitute member of the Grand Council raises their right hand and says:**
"I promise" or "I swear" or "I swear before God."
**3. The member or substitute member of the Grand Council who is absent or appointed during the term takes the oath in the same manner at the first session they attend.**
**4. The member or substitute member of the Grand Council who refuses to take this oath immediately loses the benefit of their election.**
The validation of the election of the Council of State and the swearing-in of its members take place at the same time and in the same manner as those of the members and substitute members of the Grand Council.
After the swearing-in, the Grand Council proceeds with the election of the presidency, the office, as well as the scrutineers, in accordance with Article 4.
1. At the conclusion of the constitutive session of the Grand Council, each member and substitute member of the Grand Council receives an identification card from the General Secretariat.
2. The resigning member or substitute member shall return this card to the General Secretariat at the end of their term.
[42] 1 The Grand Council meets in regular sessions ten times a year, with two sessions on Tuesday, and one session on Wednesday morning for the budget review.
2. The dates and times of the sessions are determined by the bureau.
3. The legislative year of the Grand Council begins at the regular session in May following the elections.
[43] 1 The Grand Council convenes in extraordinary sessions at the request of the bureau or thirty of its members.
2 The Council of State may invite the Grand Council to an extraordinary session.
3 The extraordinary session convened at the invitation of the Council of State is organized by the general secretariat, in agreement with the Council of State.
[44] 1. The bureau may schedule summary sessions as needed.
2. These summary sessions are not subject to any specific publication or notification requirements.
3. They do not require the preparation of a specific agenda.
4. Summary sessions preferably take place on Wednesday mornings.
5. Article 129, paragraph 2, applies to summary sessions.
[45] 1 The members of the Grand Council are convened to the session at least ten days prior by electronic mail.
2. If necessary, this period may be shortened by the bureau, which must then provide reasons to the Grand Council at the beginning of the first meeting of the session.
3. This convocation specifies the location, date, and time of the session's opening.
4. It may include additional information.
1. After consultation with the Council of State, the bureau establishes the agenda for the session.
2. It freely determines the order of handling the following items
a) swearing-in ceremonies;
b) elections of Grand Council bodies;
c) elections of the members of the judicial order and the assessors and deputy assessors of the Juvenile Criminal Court;
d) legislative program and financial plan;
e) state budget and accounts;
f) opinions during federal consultations;
g) other interventions of the Grand Council;
h) reports from the Council of State, the bureau, and the commissions;
i) initiative of the members of the Grand Council, the bureau, the commissions, and the groups;
j) popular motions, letters and petitions, and initiative of the communes.
Reports that have already been the subject of an initial debate or for which the article-by-article discussion has already begun during the previous session are given priority on the agenda.
[46] 1. The agenda and the related documents shall be transmitted by email to the members of the Grand Council at least ten days before the session.
2. The agenda shall be published in the Official Journal preceding the session.
3. Repealed.
The convening of the Grand Council, along with its agenda and related documents, shall be sent by email to the Council of State at least ten days before the session.
1. Before each session, the office prepares the session.
2. The agenda of the session shall apply unless decided otherwise by the Grand Council.
[47] 1 The Grand Council may only deliberate validly if at least fifty-one of its members are present in the room (absolute majority of the members).
2. If the quorum is not reached, the session is adjourned.
3. If the quorum is not reached at the next sitting of the same session, the Grand Council may then deliberate validly, regardless of the number of Grand Council members present in the room.
1. The sessions of the Grand Council are public, subject to being held in camera.
2. Special seats are made available to the media in the hall of the Grand Council.
3. These seats are accessible to individuals possessing a press card.
1. The public may follow the debates of the Grand Council from the gallery.
2. They must remain silent and refrain from any expressions of approval or disapproval.
[48] 1 If an overriding public or private interest requires it, the Grand Council may, upon proposal from one of its organs, a group, a member of the Grand Council, or the Council of State, order a closed session or authorize only the presence of the media.
2. This decision is taken by a three-fifths majority of the members of the Grand Council (sixty members).
3. Only members of the Grand Council and the Council of State, members of the administration accompanying the Council of State, the general secretariat staff, and ushers, or if applicable, the media, remain in the room.
4. The audiovisual recording of the session and its online publication are interrupted for the duration of the closed session.
All persons present are bound to confidentiality concerning the deliberations, which can only be lifted by the Grand Council deciding in plenary session.
**1. The Record of Deliberations Held in Camera Is Not Included in the Official Bulletin of Deliberations of the Grand Council.**
2. These deliberations are subject to a special minutes document that is prepared by the Secretary-General and maintained by the General Secretariat, in accordance with the legislation on archiving.
3. This minutes document is not subject to any modifications, and its content is considered authentic without the need for approval by the Grand Council.
The General Secretariat is responsible for recording the attendance of the members of the Grand Council at the beginning of each session.
1. Deliberations are recorded on audiovisual media.
2. Based on these recordings, the General Secretariat prepares an accurate transcript of the deliberations.
3. The proposals of the members of the Grand Council as well as the written responses of the Council of State must be included in the transcript.
1. In the event of a failure of the audiovisual equipment, the session shall be suspended.
2. The president of the Grand Council shall decide on the continuation of the debates as soon as the general secretariat is able to ensure the keeping of even a summary record.
1. The minutes are sent to the members and deputy members of the Grand Council and to the Council of State by email for observations of a drafting nature, with no substantive changes being allowed.
2. These observations must be communicated to the general secretariat no later than the second session following its dispatch, under penalty of not being considered.
3. When the general secretariat does not intend to act on these observations by modifying the minutes, they are forwarded to the office, which makes a final decision based on the audiovisual recordings.
The minutes are approved by the Grand Council and published in the Official Bulletin of the Grand Council's Deliberations.
The Grand Council may provide its opinion to the Council of State during federal consultations.
The General Secretariat informs the members and alternate members of the Grand Council about the ongoing and upcoming federal consultation procedures.
[49] The office, the commissions, the groups, or at least thirty members of the Grand Council may propose to the Grand Council that it provide its opinion on a federal consultation.
[50] 1 The proposed opinion is filed with the general secretariat by its authors.
2. It is sent without delay, by email, to the members and substitute members of the Grand Council, to the groups, and to the Council of State.
3. Repealed.
1. The draft opinion must be fully written.
2. It must contain at least one conclusion.
1. The draft opinion is placed on the agenda of the session following its submission to the general secretariat.
2. However, it cannot be deliberated less than twenty-four hours after its dispatch.
3. It is orally presented by its author or the member of the Grand Council designated by them for this purpose.
4. It is discussed immediately.
The proposed opinion may be withdrawn by its author at any time, but no later than the vote on whether to consider the matter, by making an oral declaration in plenary, in writing, or by email addressed to the general secretariat.
The notice is sent by the General Secretariat to the Council of State via email no later than the day after its acceptance by the Grand Council.
1. The response of the Council of State to the relevant federal consultation is submitted to the General Secretariat.
2. The latter ensures that it is made public to the members and substitute members of the Grand Council as well as to the groups.
The matters that fall within the competence of the Grand Council as per Article 61 of the Cst.NE, with the exception of letter c, are placed on the agenda and dealt with according to their respective procedures.
1 The Council of State, the office, or a commission shall submit to the Grand Council only
a) in the form of a fully drafted bill or decree, accompanied by a report, or
b) in the form of an information report.
2. These documents shall be in written form.
[51] 1 The report of the Council of State, the office, or a committee in support of a bill or decree shall inform notably on the following points
a) the origin of the project;
b) the necessity of the project;
b bis) the consideration of inclusion of persons living with disabilities;
c) the preparatory work and the main proposals of the project;
d) the financial consequences and the effects on personnel of the project;
e) the majority required for the adoption of the project by the Grand Council;
f) the influence of the project on the distribution of tasks between the State and the municipalities;
g) the conformity of the project with superior law;
h) whether the law or decree is subject to an optional or mandatory popular referendum;
i) if necessary, the justification for urgency or the need for federal approval of the law or decree;
j) the economic, social, and environmental consequences of the project as well as its impact on future generations.
2 The reports of the committees must additionally report on all the proposals made during the debates and the results of the votes concerning them.
A preliminary review report by a commission may not need to address all of these points if the report from the Council of State, the bureau, or a commission dealing with the subject already covers them.
[52] 1 If a committee is not unanimous, its minority can present its proposals and justify its viewpoint in a separate report, which it announces no later than during the adoption of the report by the committee.
2. The minority submits its report to the general secretariat within twenty days from the adoption of the report by the committee.
3. This report is transmitted without delay by email to the Council of State for a written opinion, which it may submit until the commencement of the debates.
4. The minority of the committee may appoint a member rapporteur to defend its proposals before the Grand Council.
5. The ten-day period provided for in article 165, paragraph 2, applies by analogy to the minority report.
[53] 1. The reports are submitted to the General Secretariat by their authors.
2. They are sent without delay, via email, to the members and substitute members of the Grand Council, to the groups, and to the Council of State.
3. Repealed.
The Council of State and the commissions regularly inform the office about the progress of their work and the time at which they wish their reports to be addressed by the Grand Council.
1. In order to be addressed by the Grand Council, reports must have been sent to the members and substitute members of the Grand Council at least thirty days before the opening of the session.
2. This period is reduced to ten days regarding the preliminary examination reports of the committees.
1. These time limits do not apply to a report concerning a project deemed urgent by its author.
2. The urgency must be accepted by the office of the Grand Council.
3. However, this report cannot be deliberated less than twenty-four hours after it has been sent to the members and substitute members of the Grand Council, to the groups, and to the Council of State.
1. A report may address any other proposal, popular motion, or communal proposal pending before the Grand Council that is connected with its subject matter.
2. This proposal, popular motion, or communal proposal is addressed simultaneously with this report.
A report may be withdrawn by its author at any time, but no later than the vote on whether to consider the matter, by making an oral declaration in the plenary session, or by submitting a written statement or email to the general secretariat.
Reports from the Council of State to the Grand Council are sent for preliminary review by a committee.
[54] 1 However, the following are not referred to a preliminary examination by a committee
a) reports from the Council of State concerning the material admissibility of a popular initiative;
b) information reports from the Council of State;
c) reports from the Council of State for which urgency has been accepted by the bureau.
2. The bureau may decide, by a three-fifths majority of the members present, not to refer other reports for a preliminary examination by a committee, or conversely, to refer the reports mentioned in paragraph 1 for such examination.
1. The report submitted to the committee is subject to an initial debate followed by a vote.
2. If the initial consideration is rejected by the committee, the report is sent to the Grand Council along with an explanatory report.
1. If the consideration is accepted, the commission
d) reports to the Grand Council on the outcome of its work.
2. Through its report, the commission recommends to the Grand Council the adoption of the proposed law or decree as submitted, its rejection, or the adoption of the amended proposed law or decree.
The office may decide to send a report from another committee or a report of which it is the author to a preliminary examination by a commission.
For the remainder, Articles 171 and 172 are applicable.
1. Reports from the Council of State, the bureau, and the committees, as well as the legislative program and the financial plan of the Council of State, are subject to a debate before the Grand Council.
2. This debate is not followed by a vote unless the Grand Council decides otherwise. Such a vote is indicative.
3. The legislative program and the financial plan of the Council of State are subject to a vote of consideration.
1. An information report, as well as the legislative program and the financial plan, may be accompanied by proposals or questions submitted to the Grand Council.
2. The proposals are subject to a vote.
3. Closed questions are subject to a vote.
4. Open questions are subject to a response given by the Grand Council to their author.
1. The information report, the legislative program, or the financial plan that contains open questions is sent for review to a committee.
2. This committee prepares a report for the Grand Council containing a draft response to the questions posed.
3. The Grand Council decides and communicates its responses to the author of the questions in written form or by email.
[55] 1. The proposal must be in written form.
2. It is prepared using a computer file provided by the general secretariat.
3. It can be submitted at any time to the general secretariat by its author, via email.
[56] 1 The proposal is sent without delay, by email, to the members and substitute members of the Grand Council, to the groups, and to the Council of State.
2. Repealed.
1 Except in matters of recommendation, the first signatory of a proposal may withdraw it at any time but no later than before the final vote, by making an oral declaration in plenary, in writing, or by sending an email to the general secretariat.
2. The proposal is then removed from the agenda.
[57] 1 Questions are given priority.
2. Following the questions, proposals, with the exception of bills or decrees, as well as popular motions and municipal proposals, are placed on the agenda of a session in the chronological order of their receipt, regardless of format.
[58] 1 The Grand Council may decide, by a majority of the members present, the urgency of the proposals mentioned in letters b to f of Article 27.
2. The vote regarding the urgency must take place during the session following the submission of the proposal.
3. If the proposal is submitted during a session, the vote regarding the urgency must take place during that session.
4. If the urgency is admitted, the proposal is introduced into the agenda before other proposals.
[59] 1 With the exception of sessions dealing with accounts and the budget, the Grand Council allocates at least an hour and a half during each session to address questions and discuss proposals, except for draft laws or decrees, as well as popular motions and proposals from municipalities.
1bis Except for proposals recognized as urgent, only those proposals submitted before 12:00 PM on the Friday preceding the session are addressed.
1. When the initial signatory of a proposal is no longer a member of the Grand Council, their prerogatives are exercised by the next signatory.
2. In the absence of any signatories who are still members of the Grand Council, the proposal is removed from the agenda, unless otherwise provided by law.
The written response of the Council of State is sent without delay, by email, to the office, the members, and the deputy members of the Grand Council and to the groups.
When the content of a proposal does not match its legal definition, the office may transform it into another proposal.
The law is an act that contains rules of law of a general and abstract nature, which are addressed to an indefinite number of people and govern an indefinite number of factual situations, without reference to a specific case or person.
The decree is an act for which the form of law is not prescribed and must notably take the form of
a) the act for which the form of a decree is provided by a legal provision;
b) the act whose sole purpose is to execute an order prescribed by a legal provision, such as the approval of the budget, the state accounts, and the management report;
c) approvals that the Grand Council is called upon to give under the legislation;
d) the act that has as its object an individual measure taken concerning a specific case;
e) the act that is addressed to an indeterminate circle of persons but regulates a specific case.
The bill or decree is fully drafted.
The office forwards the bill or decree for processing to a committee.
The author of the bill or decree, or the member of the Grand Council designated for this purpose, participates in the commission's work with a consultative voice.
1. If the author of the bill or decree is no longer a member of the Grand Council, the committee may decide to adopt said project as its own.
2. If it does not decide to do so, the bill or decree is not processed and is permanently removed from the committee's docket.
3. The Grand Council is informed of this orally.
1. If the author requests it at the time of submission, the committee may decide, by a majority of the members present, the urgency of a bill or decree.
2. The vote on the urgency must take place during the committee session following the submission of the bill or decree.
3. If the urgency is granted, the bill or decree is placed at the top of the agenda for that session.
1. The draft law or decree is subject to an initial debate followed by a vote.
2. If the initial consideration is rejected, the draft law or decree is sent to the Grand Council accompanied by an explanatory report.
1. If the matter is accepted, the committee
d) reports to the Grand Council on the outcome of its work.
2. Through its report, the committee recommends to the Grand Council the adoption of the bill or decree as submitted, its rejection, or the adoption of the amended bill or decree.
[60] 1. At the same time as it submits its report to the Grand Council, the commission forwards it to the Council of State.
2. The latter may provide its written opinion to the Grand Council no later than ten days before the start of the debates on this report.
3. This opinion may contain amendment proposals.
3bis. When the deadline for the transmission of the Council of State's opinion does not allow for a response within the allotted time, the consideration of the report is postponed to the next session at the latest.
4. Article 135, paragraph 1, is applicable.
The committee examines the bill or decree within two years following its submission.
[61] 1 When a committee has not gone into the matter on a draft law or decree and the Grand Council decides otherwise, the report is referred back to the committee that dealt with it for further examination.
1bis The committee may request the Grand Council's bureau to be relieved from this project.
1ter In such case, the bureau may transmit the project to another committee.
2. The committee in charge of the project cannot then refuse to consider the draft law or decree.
The provisions regarding the content of the commission's report, the minority report, the submission and transmission of the report to the General Secretariat, the transmission of this report to the members and substitute members of the Grand Council, to the groups and to the Council of State, and its processing and the processing of related items provided for in Articles 160 to 168 shall apply.
The General Secretariat maintains an up-to-date list of pending bills and decrees, indicating the commission to which they have been referred.
[62] 1 The resolution is the proposal made to the Grand Council to express its opinion in a purely declarative manner on a current event, without binding effect on its recipient.
2. It may take the form of, among others, a wish, a protest, encouragement, or a message.
2bis It is accompanied by a written statement submitted simultaneously.
3. A proposal that may take another form of initiative cannot be the subject of a resolution.
1. If the author of the proposed resolution is no longer a member of the Grand Council, the latter may decide to proceed with it.
2. If the Grand Council decides to abandon it, the proposed resolution will not be addressed and is permanently removed from its agenda.
[63] 1. Repealed.
2. Repealed.
3. The draft resolution is presented orally by its author or the member of the Grand Council designated by them for this purpose.
4. It is subject to free debate and must be voted on no later than in the year following its submission.
[64]
1. A resolution is adopted if it gathers at least two-thirds of the votes of the members of the Grand Council present in the chamber.
2. Before the vote, the president of the Grand Council reminds of the requirement for this qualified majority.
Interpellation is a written request for an explanation addressed to the Council of State concerning any matter affecting the canton and falling within its jurisdiction.
The loss of membership in the Grand Council by the author of the interpellation has no consequence on its processing.
[65] 1 When urgency is recognized by the Grand Council in accordance with Article 182, the Council of State shall respond orally during the same session.
2. Repealed.
[66] 1. Repealed.
2. Repealed.
3. Upon request only, the interpellation may be developed orally by its author or the member of the Grand Council designated by the author for this purpose.
4. Subject to Article 211, the interpellation receives an oral response from the Council of State before the plenary in the following ordinary session.
5. The interpellation is addressed by the Grand Council no later than six months after its submission.
[67]
[68] 1 The author may request that a response to their interpellation be made in writing.
2. In other cases, the Council of State may choose to respond to the interpellation in writing.
3. The written response is sent to the members and substitute members of the Grand Council by email no later than the opening of the following ordinary session.
After the oral or written response from the Council of State, the author of the interpellation or the member of the Grand Council designated by the latter for this purpose, may orally declare whether they are satisfied or not with the response given.
1. The author of the interpellation or the member of the Grand Council designated by them for this purpose, each member of the Grand Council, and the Council of State may request the opening of a debate on the subject matter.
2. The Grand Council shall decide on this.
3. This debate is a free debate and is not followed by a vote.
[69] 1 The inquiry concerning a subject related to judicial authorities and within their competence is submitted to the general secretariat for the attention of the Judicial Council and the Administrative Commission of Judicial Authorities.
2. The inquiry cannot pertain to a specific procedure that is pending, already resolved, or foreseeably imminent.
3. The inquiry cannot be the subject of a request to open a debate.
[70] After consultation between the Administrative Commission of Judicial Authorities and the Judicial Council, a response to the interpellation is transmitted to the General Secretariat of the Grand Council for distribution, no later than three months following its submission.
1. The recommendation is the invitation made to the Council of State to take a measure in an area that falls within its regulatory competence.
2. It cannot pertain to the judicial competences of the Council of State.
[71] 1. When the recommendation comes from members or substitute members of the Grand Council, it must be accompanied by at least seventeen signatures at the time of its submission.
2. Each signatory may withdraw their signature at any time, but no later than the oral presentation of the recommendation, by making an oral declaration in plenary session, or by written communication or email addressed to the general secretariat.
3. This withdrawal has no impact on the processing of the recommendation by the Grand Council.
1. All signatories of a recommendation may, at any time but no later than up to its oral presentation, withdraw it by a joint written declaration or by emails addressed to the General Secretariat.
2. The recommendation is then removed from the agenda.
1. When urgency is admitted by the Grand Council in accordance with Article 182, the recommendation may be elaborated orally and immediately during the session by one of the signatories, its author, or the member of the Grand Council designated by him for this purpose.
2. The Council of State shall communicate its position orally during the same session.
[72] The recommendation is addressed no later than the year following its submission.
1. The recommendation is presented orally by one of the signatories, its author, or the member of the Grand Council designated for this purpose.
2. Any written elaboration must be submitted with the recommendation itself.
If a member of the Grand Council or the Council of State does not oppose the recommendation, it is accepted.
1. If a member of the Grand Council or the Council of State opposes the recommendation, the Council of State shall immediately make a decision following the oral presentation of the recommendation if it occurs.
2. The discussion is opened in a free debate and the Grand Council makes its decision by a vote.
3. Before the discussion begins, the Grand Council may decide to defer it to a future session.
In the event of acceptance of the recommendation, the Council of State shall, within a period of six months, submit a report to the Grand Council indicating how it has acted upon the recommendation or the reasons why it has not acted upon it or does not intend to do so.
1. If, at the expiration of the deadline, the Council of State has not submitted its report to the Grand Council, the office
a) grants the Council of State an additional period of no more than two months; or
b) appoints a commission tasked with proposing to the Grand Council the ways and means to achieve the objective of the recommendation; or
c) proposes to the Grand Council to classify the recommendation.
2. Once the additional period granted to the Council of State has passed, the office appoints a commission tasked with proposing to the Grand Council the ways and means to achieve the objective of the recommendation or proposes its classification.
The provisions regarding the content of the report, the submission and sending of the report to the General Secretariat, the distribution of this report to the members and alternate members of the Grand Council and to the groups, its processing, and the handling of related matters as provided for in Articles 160 to 168 are applicable.
1. The motion is the instruction given by the Grand Council to the Council of State to submit an information report or a report accompanied by a draft law or decree.
2. By instruction, it is meant the imperative order to act within the time limit set by law.
1 When urgency is recognized by the Grand Council in accordance with Article 182, the motion may be presented orally and immediately by its author or the member of the Grand Council designated for this purpose.
2. The Council of State communicates its position orally during the same session.
[73] 1 The motion is addressed by the Grand Council no later than the year following its submission.
2. The motion and the bill or decree or the report to which it relates are addressed simultaneously.
1. The motion is accompanied by a written development submitted at the same time as the motion itself.
2. This development must be separate from the motion itself and cannot be amended.
3. The motion may furthermore be the subject of an oral development by its author or the member of the Grand Council designated by them for this purpose.
If a member of the Grand Council or the Council of State does not oppose the motion, it is accepted.
[74] 1 If a member of the Grand Council or the Council of State opposes the motion, the Council of State shall decide immediately after the oral development of the motion if it takes place.
2. The Council of State opposing the motion shall beforehand submit its reasoned position on the motion in writing, which is sent to the members of the Grand Council along with the agenda.
2bis Article 196, paragraph 3bis, applies analogously to the motion.
3. The discussion is opened in a free debate, and the Grand Council shall make a decision by vote.
4. Before the opening of the discussion, the Grand Council may decide to postpone it to a future session.
[75] A motion directly related to a bill, decree, or report addressed during a session of the Grand Council is presented orally immediately after the adoption of the law or decree, or after the debate or vote on the report to which it pertains.
[76] 1. In the event of the motion being accepted, the Council of State shall act upon it within a period of two years.
2. The review of the Council of State’s report is immediately followed by a vote on the classification of the motion.
3. If the classification is refused, the motion is returned to the Council of State for the preparation of a new report.
4. The time frame mentioned in paragraph 1 applies again when a motion is returned to the Council of State as per paragraph 3.
**1. If at the expiration of the deadline, the Council of State has not submitted its report to the Grand Council, the bureau:**
a) grants the Council of State an extension of a maximum of three months, or
b) appoints a committee tasked with proposing to the Grand Council the ways and means to achieve the aim of the motion, or
c) proposes to the Grand Council the filing of the motion.
**2. After the deadline granted to the Council of State has passed, the bureau appoints a committee tasked with proposing to the Grand Council the ways and means to achieve the aim of the motion, or proposes its filing.**
The postulate is the proposal made by the Grand Council to the Council of State
a) to examine the advisability of taking a measure or legislating in a particular area and to produce a report on the results of its examination, accompanied, if applicable, by proposals,
b) to examine the advisability of preparing an information report on any other subject and to present the results of its examination in a report.
1 When urgency is acknowledged by the Grand Council in accordance with Article 182, the postulate may be presented orally and on the spot by its author or the member of the Grand Council designated by them for this purpose.
2. The Council of State shall communicate its position orally during the same session.
[77] 1 The motion is addressed by the Grand Council no later than the year following its submission.
2. The motion and the draft law or decree or the report to which it pertains are addressed simultaneously.
1. The proposal is subject to a written development.
2. This development must be distinct from the proposal itself and cannot be amended.
3. The proposal may also be subject to an oral development by its author or the member of the Grand Council designated by the author for this purpose.
If a member of the Grand Council or the Council of State does not oppose the postulate, it is accepted.
[78] 1 If a member of the Grand Council or the Council of State opposes the postulate, the Council of State shall pronounce immediately after the oral presentation of the postulate if such presentation takes place.
2. The Council of State opposing the postulate must submit its reasoned position in writing beforehand, which is sent to the members of the Grand Council along with the agenda.
2bis Article 196, paragraph 3bis, applies analogously to the postulate.
3. The discussion is conducted as an open debate, and the Grand Council votes on the matter.
4. Before the discussion begins, the Grand Council may decide to defer it to a subsequent session.
The motion directly related to a draft bill or decree or a report discussed during a session of the Grand Council is presented orally immediately after the adoption of the law or decree or after the debate or vote on the report to which it pertains.
[79] 1. In the event of the acceptance of the postulate, the Council of State shall follow up within one year.
2. The processing of the Council of State's report is immediately followed by a vote on the classification of the postulate.
3. In the event of a refusal to classify, the postulate is referred back to the Council of State for the establishment of a new report.
4. The time limit specified in paragraph 1 applies again when referred back to the Council of State under the meaning of paragraph 3.
**1. If at the expiration of the deadline the State Council has not submitted its report to the Grand Council, the bureau:**
a) grants the State Council a grace period of up to three months; or
b) appoints a committee tasked with proposing to the Grand Council the ways and means to achieve the aim of the postulate; or
c) proposes to the Grand Council to file the postulate.
**2. After the period granted to the State Council has elapsed, the bureau appoints a committee tasked with proposing to the Grand Council the ways and means to achieve the aim of the postulate or proposes its filing.**
[80] 1. The question is a concise written request for information addressed to the State Council on current issues concerning the canton.
2. Its content is limited to a maximum of 500 characters, including spaces.
A question posed by a person who is no longer a member of the Grand Council is automatically removed from the agenda.
[81] 1. The question is not orally developed.
2. Subject to Article 288a, paragraphs 2 and 3, the Council of State shall respond orally before the plenary, during the session, to all questions submitted before 12:00 PM on the Friday preceding the session.
3. The Council of State shall respond to other questions at the following session.
4. There can be no debate on either the question or the response.
[82] 1. The author may request that their question be answered in writing.
2. In other cases, the Council of State may choose, subject to Article 288a, paragraph 2, to respond to a question in writing.
3. The written response is sent to the members and substitute members of the Grand Council by email no later than the opening of the following session.
Upon validation of the signatures by the State Chancellery, the office reviews the popular motion and dismisses it if it is found to be insulting, defamatory, or incoherent.
The popular motion cannot be subject to amendment.
The popular motion may be withdrawn by its first signatory until the opening of the debates in the Grand Council by submitting a written declaration to the general secretariat.
The popular motion is addressed by the Grand Council no later than the year following its submission.
1. The popular motion is not subject to any development during the session.
2. Additionally, Articles 230 to 234 are applicable.
1. When a popular motion requests it, the Grand Council may decide on the urgency of a popular motion by a majority of the members present.
2. The vote on the urgency takes place during the session following the submission of the popular motion to the General Secretariat, and if this is not possible, at the latest in the next session.
3. If the urgency is admitted, the popular motion is addressed before other motions, popular motions, and proposals from the municipalities.
1. Letters and petitions addressed to the Grand Council may be submitted at any time to the general secretariat.
2. The general secretariat maintains a list of petitions with an indication of their outcome.
3. It does the same with letters.
1. The office reviews the letters and petitions.
2. It decides on the course of action to be taken and, if necessary, forwards them to the commission of petitions and pardons for processing.
3. The Grand Council is informed of this orally.
1. A petition or letter is read to the Grand Council if the office or the Grand Council itself decides so.
2. Instead of reading a letter or petition, the office or the Grand Council itself may decide to distribute a copy to the members and alternate members of the Grand Council and the Council of State.
If the letter or petition is abusive, defamatory, incoherent, or anonymous, the office dismisses it without further action.
**1. General Provisions of the Law on the Right to Petition (LRP), March 15, 2005 [83]**
The general provisions of the Law on the Right to Petition (LRP), dated March 15, 2005, are applicable to the processing of petitions by the Grand Council.
If the commission on petitions and pardons intends to propose proceeding, in whole or in part, with a letter or a petition, it must exercise its right of initiative (art. 26 and 27).
1. The municipalities have the right of initiative as provided in Articles 26 and 27.
2. Articles 178 to 247 apply by analogy.
3. The municipalities cannot express themselves orally before the Grand Council.
1 The debates are organized by the President of the Grand Council.
2. From the opening of the debates, the floor is granted in the order of requests.
3. This principle does not apply to the rapporteur members or the members of the Council of State, who may obtain the floor whenever they deem it appropriate.
1 The floor may only be addressed to the President of the Grand Council, the assembly, or the Council of State.
2. Each member of the Grand Council may, with prior authorization from the office, use the projector in the Grand Council chamber to illustrate their remarks.
During the preliminary debate, the chairpersons of the committees and the spokesperson of each group or party present the initial position of their group, party, or committee at the podium.
For the oral presentations of resolutions, interpellations, recommendations, motions, and postulants, the members of the Grand Council speak at the podium.
When not addressing a specific matter, a member of the Grand Council speaks orally from a standing position at their designated place.
1. Reporting Members of the Committees occupy the seat reserved for them.
2. They speak standing from this place.
1 The members of the Grand Council and the Council of State may at any time, by means of a motion for order, intervene in the conduct of parliamentary procedure or request a suspension of the session.
2. The motion for order is dealt with immediately, to the exclusion of all other business.
1. The President of the Grand Council calls to order the speaker who deviates from the subject under discussion.
2. They call to order anyone who disrupts the session by not adhering to the rules of debate or by undermining the mutual respect that members of the Grand Council and the Council of State owe each other.
3. They may withdraw the floor from that person or refuse it to them and, as a last resort, proceed with their expulsion from the Grand Council chamber for the duration of the session.
The President of the Grand Council may suspend or adjourn the meeting if necessary.
When the president wishes to participate in the debates, they shall be replaced in accordance with Article 50, paragraph 2.
When the floor is no longer requested or its granting is no longer justified, the President of the Grand Council closes the debates.
1 The office determines the method of handling bills and decrees.
2. These projects are classified into one of the following categories
c) procedure without debate.
3. The office communicates its decision to the Grand Council at the same time as the agenda.
1. When a bill or decree is processed under the procedure of free debate, each member of the Grand Council and the Council of State may request to speak.
2. During the initial debate on the matter, speaking time is limited to
a) 30 minutes for the commission's reporting member;
b) 30 minutes for the minority reporting member of the commission;
c) 15 minutes for the spokespersons of each group, divided if necessary, equally between the majority and minority spokespersons;
d) 5 minutes for each member of the Grand Council speaking individually;
e) 30 minutes for the Council of State.
3. Only the commission's reporting members, the group spokespersons, the presidents of groups, and the Council of State may speak more than twice.
**1 During the debate on each article, the speaking time is limited for each amendment:**
a) to 10 minutes for the committee's reporting member;
b) to 10 minutes for the minority committee's reporting member;
c) to 5 minutes for the spokespersons of each group, divided if necessary by half between the majority and minority spokespersons;
d) to 5 minutes for individual members of the Grand Council speaking individually or as the author of the amendment;
e) to 10 minutes for the Council of State.
**2. Only the committee's reporting members, group reporters, group presidents or chairs, and the Council of State may speak more than twice.**
When a project is addressed according to the restricted debate procedure, the right to request the floor is limited to
a) the member rapporteur of the commission;
b) the minority rapporteur of the commission;
c) the spokespersons of each group, exercised if necessary by the spokespersons of the majority and the minority;
d) the members of the Grand Council presenting proposals related to entering into the matter or proposing amendments;
e) the State Council.
**1. During the Initial Discussion, Speaking Time is Limited:**
a) to 15 minutes for the committee's reporting member;
b) to 15 minutes for the committee's minority reporting member;
c) to 10 minutes for the spokespersons of each group, divided if necessary equally between the spokespeople for the majority and the minority;
d) to 5 minutes for each member of the Grand Council presenting proposals relating to the initial discussion;
e) to 15 minutes for the Council of State.
**2.** Only the committee's reporting members and the Council of State may speak more than twice.
**3.** The presidents of groups may also participate in the debate.
During the article-by-article debate, the speaking time is limited for each amendment as follows
a) to 10 minutes for the commission's rapporteur member;
b) to 10 minutes for the minority rapporteur member of the commission;
c) to 5 minutes for the spokespersons of each group, divided equally if necessary between the majority and minority spokespersons;
d) to 5 minutes for members of the Grand Council presenting amendments;
e) to 10 minutes for the Council of State.
2. Only the commission's rapporteur members and the Council of State may speak more than twice.
3. The presidents of the groups may also participate in the debate.
The President of the Grand Council ensures adherence to speaking times.
1. A bill or decree can only be submitted to the procedure without debate upon the unanimous decision of the Bureau of the Grand Council.
2. The Grand Council may decide otherwise.
3. The bill or decree is immediately submitted to a vote by the Grand Council.
Cannot be subjected to the procedure without debate
a) laws or decrees amending the Constitution;
b) decrees concerning the budget and the state's accounts;
c) decrees approving international and inter-cantonal treaties;
d) decrees approving concordats concluded with the Churches and other recognized religious communities;
e) decrees concerning amnesty and pardon.
1. Except in cases subject to the procedure without debate, the Grand Council examines the bill or decree and decides whether to proceed.
2. The Grand Council may waive the preliminary debate if no member of the Grand Council or the Council of State objects.
3. The author of a report may make a preliminary statement at the introduction of the preliminary debate.
1. Upon acceptance of the consideration, the Grand Council examines the bill or decree article by article.
2. The president of the Grand Council may decide to proceed with the examination of a bill or decree part by part or as a whole.
1. The Article-by-Article Debate Takes Place Immediately After the General Debate
2. The Reporting Member of the Committee Speaks First.
3. When the Debate is Concluded, the Grand Council Examines the Title and the Preamble of the Bill or Decree.
1. Before the final vote, the bill or decree may be subjected to a final debate during which speakers must confine themselves to making general observations or justifying their vote.
2. The right to request the floor is limited to the committee's reporting member, its minority member, the spokespersons of the majority and minority groups, the presidents of the groups, and the Council of State.
3. If no one requests the floor, the president of the Grand Council proceeds immediately to the final vote.
4. If the floor is requested, the speaking time for each speaker is limited to 3 minutes, only once.
The Grand Council may at any time, before the final vote, decide to refer the bill or decree back to a commission or to the Council of State.
The final vote takes place immediately after the closing of the article-by-article debate or the final debate.
1. During the oral development of the question, the speaking time is limited to 5 minutes for its author or the member of the Grand Council designated for this purpose.
2. The speaking time for the oral response from the Council of State is limited to 10 minutes.
3. The speaking time for the response of the author or the member of the Grand Council designated for this purpose to express satisfaction or dissatisfaction with the explanations given by the Council of State is limited to 1 minute.
1. The discussion of these proposals is open for free debate.
2. The provisions regarding speaking times from Articles 273 and 274 are applicable by analogy.
[85] 1. The speaking time for the oral response of the Council of State is limited to 3 minutes.
2. If the response should be longer, the Council of State replies in writing.
3. Article 247, paragraph 3, is applicable to the written response.
An amendment is a proposal aimed at making a modification to a text submitted for examination by the Grand Council.
1. An amendment may not aim
c) Except to modify the title, the preamble, or the text of the subject under discussion.
2. The general secretariat dismisses any amendment that falls outside the scope of the subject under discussion.
3. It informs the bureau, which decides in case of dispute.
1. When a draft presented to the Grand Council is not subject to prior examination by a committee, amendments must be submitted to the General Secretariat by their authors no later than five days before the opening of the session during which the draft to which they pertain will be debated.
2. The General Secretariat dismisses amendments submitted late.
1. Amendments must be submitted to the General Secretariat by their authors no later than the opening of the first meeting of the committee responsible for examining the text to which they relate.
2. The General Secretariat shall disregard amendments submitted late.
[86] 1. Provisions that are subject to amendments under review by the committee or proposed by it may be subject to further amendments.
2. These amendments must be submitted to the general secretariat by 12:00 PM on the Friday preceding the session during which the text to which they relate will be debated.
3. The general secretariat will disregard amendments submitted late.
[87] 1 Only the committee, the presidents of groups, and the Council of State may submit new amendments during the debate, within the meaning of Article 293, paragraph 1.
1bis The bureau decides, by a simple majority vote, the fate of amendments that do not comply with the conditions of Article 293, paragraph 1.
2. When a text has not been subject to prior examination by a committee, the bureau and the presidents of groups may also submit new amendments during the debate.
1. The amendment is prepared from a computer file made available by the general secretariat.
2. Failing this, it is inadmissible.
3. It bears the indication of the day and time at which it is received by the general secretariat.
[88] An amendment may be withdrawn by its author until it is put to a vote.
2. If the amendment has been accepted by a committee, the committee must also consent to the withdrawal.
1. If more than two amendments are submitted, they are put to a vote successively, two by two, until only two remain to be opposed.
2. The amendments are opposed two by two in reverse chronological order of their submission.
3. The amendment that prevails is finally opposed to the possible amendment of the committee.
4. The remaining amendment is then opposed to the initial proposal.
1. The President of the Grand Council, each member of the Grand Council, as well as the Council of State, may propose a separate vote on each amendment.
2. The Grand Council shall decide on the matter.
3. The amendment that receives the most votes shall be opposed to the initial proposal.
1. Before the vote, the president shall, if necessary, provide a brief overview of the proposals and then present to the assembly the order in which they will be put to a vote.
2. In the event of a dispute, the Grand Council shall decide immediately.
1. Voting is conducted by means of an electronic system.
2. Reporting members and members of the Grand Council vote from their seats.
3. No member of the Grand Council is obliged to vote.
4. Voting by proxy is excluded.
In the event of a failure of the electronic voting system, voting shall be conducted by standing and sitting upon decision of the President of the Grand Council.
As soon as a vote has commenced, no one may speak on the proposal being voted on until the result is declared by the President of the Grand Council.
1. The vote is expressed by "yes," "no," or "abstention."
2. The electronic voting system counts and records the votes cast.
3. The nominal vote and the result of the vote (yes, no, abstention) are displayed on electronic screens visible to the members of the Grand Council, the Council of State, and the public.
1. The results of electronic voting are published in the form of a nominal list.
2. For each member of the Grand Council, one of the following mentions appears on the nominal list
e) excused.
3. A member of the Grand Council who, before the start of the session, has announced their absence for the entire session, is considered excused.
1 The vote is conducted by sitting and standing.
2. A counter-check is always conducted, except for exceptions provided by law.
3. In case of significant doubt about the voting result, the President of the Grand Council may refuse to proclaim it and may call for a new vote by roll call.
1. In the event of a failure of the electronic voting system, ten members of the Grand Council may request that the vote be conducted by roll call.
2. The details of the vote (yes, no, abstention) are recorded in the minutes, along with a note of the absent members of the Grand Council.
3. Members of the Grand Council who do not respond when their name is called are deemed not to have participated in the vote.
The President of the Grand Council orally proclaims the final result of the vote.
1. Proposals that are not contested are deemed to be adopted tacitly.
2. The tacit adoption procedure cannot be used for the final vote or when the vote requires a qualified majority.
Proposals are adopted by a simple majority of those voting, unless otherwise provided by the Constitution or the law.
1. In the case of an obvious majority during a sitting-standing vote, the President of the Grand Council may dispense with a re-vote.
2. The proposal is then considered adopted.
3. This procedure cannot be used for the final vote or when the vote requires a qualified majority.
The vote is conducted by a show of hands, without a roll call.
1. The President of the Grand Council votes.
2. In the event of a tie, they cast the deciding vote even if they have already voted.
[89] 1 For an act of the Grand Council to be subject to an optional referendum, as per Article 42, paragraph 3, letter g, of the Cst.NE, it is necessary for thirty members of the Grand Council to submit a written declaration requesting it to the general secretariat before the final vote.
2. The optional referendum is the subject of a special clause inserted in the act itself.
1. The results of electronic voting are recorded.
2. The General Secretariat adequately preserves these records, which are part of the archives of the Grand Council.
1. Laws whose enactment cannot suffer any delay may be declared urgent by a decision made by a two-thirds majority of the members of the Grand Council participating in the vote.
2. These laws may be enacted immediately.
3. If a popular vote is requested, the law becomes void one year after it has come into force, unless it has been accepted by the people in the meantime.
4. The void law cannot be renewed under the emergency procedure.
5. The emergency clause is the subject of a special indication inserted in the law itself, limiting its duration of application.
The general secretariat forwards the laws and decrees passed by the Grand Council, if necessary after review by the drafting committee, to the Council of State, which is responsible for their promulgation and execution.
An election can only take place if it is included in the agenda of the session.
1. Candidates for each position subject to election must register with the General Secretariat.
2. They are introduced to the plenary session of the Grand Council by the President of the Grand Council.
1. Elections are held by secret ballot, requiring an absolute majority of the votes cast in the first two rounds, followed by a relative majority in the third and fourth rounds.
2. If the number of individuals who have obtained an absolute majority exceeds the number of positions to be filled, those who received the fewest votes are eliminated.
3. In the event of a tie in the fourth round, the decision shall be made by lot.
When the number of candidates does not exceed the number of persons to be elected, the election is tacit.
[90] Articles 317 to 319 apply to the reelection and election of members of the judicial order's magistracy.
[91] 1 When a candidate, or a member of the outgoing judicial magistracy, without an opponent, does not obtain an absolute majority after two rounds of voting, they are not elected, or re-elected respectively.
2. The election is postponed to a subsequent session.
3. The new election is subject to the procedure provided by the High Supervision Act (HSA).
1. During the general re-election for the next term of office of the judicial authorities, candidacies are announced to the general secretariat until the opening of the session.
2. The member of the judiciary who submits their candidacy does so as a candidate for the renewal of their mandate in the position they currently hold.
1. Members of the judiciary whose position is not contested by any other candidates are presented for election on a single list.
2. When members of the judiciary are in competition with other candidates, the election takes place position by position.
[92]
Elections of the members of the judiciary of the judicial order are subject to the provisions of the law on high oversight, LHS, and Article 321.
Articles 321 to 324 apply to the election and re-election of associate judges and alternate associate judges of the Juvenile Criminal Court.
[94] 1 The Grand Council may, by a decree passed by a three-quarters majority of its members, remove a member of the Council of State for just cause.
2. Just cause includes any circumstances, even those not attributable to fault, which, according to the principles of good faith, preclude the continuation of the mandate.
3. In particular, the Grand Council may remove a member of the Council of State when he or she
a) is permanently unable to fulfill the mandate;
b) seriously breaches the duties of the mandate or seriously undermines the dignity of the mandate, either intentionally or through negligence;
c) has been convicted of an offense the nature or gravity of which is incompatible with the exercise of the mandate.
[95] 1 The initiative to propose the initiation of an impeachment procedure belongs to the Council of State, the bureau, and the oversight and evaluation committee.
2. If the Grand Council acts upon the proposal to initiate an impeachment procedure, a temporary ad hoc commission is established.
3. The procedure is governed by Articles 350 to 360 and 362 to 370, which apply by analogy, subject to the special provisions of this title.
4. The member of the Council of State targeted by the impeachment procedure cannot represent the Council of State before the Grand Council or before the commission.
5. If it proposes impeachment, the commission attaches a draft decree to this effect to its report.
[96] 1 As soon as the impeachment process is initiated, the Grand Council may, by a decree voted by a three-quarters majority of its members, pronounce the provisional suspension of the member of the Council of State, with or without loss of salary.
2. If the Grand Council subsequently decides not to impeach, the member of the Council of State is entitled to the payment of the salary from which they may have been deprived.
[97] 1 In the event that the Grand Council refuses to initiate proceedings or concludes against dismissal, and the request for dismissal was proposed by the Council of State, the resignation of four of its members results in the dissolution of this authority.
2. In this case, a new election for the Council of State is to be organized without delay.
[98] 1 Resignation and death, as well as reelection, automatically terminate the impeachment procedure.
2. The committee responsible for reviewing the impeachment request shall acknowledge the termination of the procedure in its report.
[99] The decrees of the Grand Council pronouncing provisional suspension or dismissal constitute a decision within the meaning of Article 5 of the Administrative Procedure Act (APA), dated March 18, 2025 [100].
[101] 1 Notwithstanding Article 2, the decision of provisional suspension and the decision of removal may be appealed to the Cantonal Court, in accordance with the LPA.
2. The appeal does not have a suspensive effect.
1. Each member and substitute member of the Grand Council is compensated for the work they perform on behalf of the community.
2. The compensation is intended, in particular, to allow the members and substitute members of the Grand Council to allocate the necessary time to fulfill their mandate and to cover the expenses related to their function.
3. They are not subsidies.
[102] 1. Each member and substitute member of the Grand Council receives an attendance allowance for each session of the Grand Council, the office, a committee, or a parliamentary group in which they participate.
2. The allowance is calculated according to the hourly rate defined in the Grand Council office regulation on the compensation of members and substitute members of the Grand Council, dated May 16, 2023 [103].
3. Repealed.
4. The allowance covers, on a flat-rate basis, the time spent preparing for the session.
5. A member or substitute member of the Grand Council expelled from a session is not entitled to the allowances.
The indemnity is increased by 50%
a) for individuals presiding over a session of the Grand Council, the office, a committee, or a parliamentary group;
b) for the members who are reporters of the committees.
[104] 1 For meetings of the office and committees, no additional compensation is due if the meeting takes place entirely during a session of the Grand Council.
2. Participation in parliamentary group meetings is compensated up to a maximum of two meetings per session of the Grand Council, each lasting a maximum of 3 hours.
[105] 1 Each member and substitute member of the Grand Council is allocated an annual flat-rate allowance for computer expenses.
2. Recipients of this allowance receive all documents, including session documents of the Grand Council and commissions, in electronic form only.
3. The allowance is set at 1,000 francs per year for the first year of the legislature and 500 francs per year for the following years. Members of the Grand Council who take office during the legislature receive an allowance of 1,000 francs for their first year in office, then 500 francs per year for the subsequent years.
4. The bureau determines the payment arrangements.
[106] 1 Each member and deputy member of the Grand Council receives a mileage allowance for travel, independent of the mode of transportation, for each session of the Grand Council, the office, or a committee in which they participate.
2. The number of kilometers is determined according to the table annexed to the office regulation of the Grand Council concerning the compensation of members and deputy members of the Grand Council, and the amount per kilometer is based on the rate applicable to public office holders.
2bis The allowance is capped at the value of an annual adult second-class subscription of the Neuchâtel fare community "Onde verte" for the maximum number of existing zones.
3. The office may grant additional travel allowances if they are justified.
1. Each member and substitute member of the Grand Council receives a fixed travel allowance, regardless of the mode of transportation and the location of the meeting, for each group meeting they attend.
2. The office sets the amount based on the proposal of the General Secretariat.
3. Article 330, paragraph 2, is applicable.
[107] 1 Each member and substitute member of the Grand Council may waive the travel mileage allowance in favor of vouchers allowing the purchase of subscriptions from public transport companies.
2. The value of the vouchers corresponds to 1.5 times the travel mileage allowance.
3. The waiver of the mileage allowance is communicated via email to the general secretariat.
1. Each member and alternate member of the Grand Council receives an allowance for attendance, travel, subsistence, and lodging for each session outside the canton in which they participate, under the conditions set forth in Articles 332 and 334.
2. Furthermore, the allowance is granted under the same conditions as those applied to holders of public office, unless otherwise provided by this law.
3. The bureau may grant additional allowances if they are justified.
Each member of the bureau receives an attendance, travel, subsistence, and accommodation allowance for each event where they officially represent the Grand Council, under the conditions set forth in Article 335.
1. Upon a reasoned request, the office may grant special allowances to certain members or substitute members of the Grand Council for specific performances.
2. It may also, when appointing a commission, provide for compensation for its members that is higher than that provided for by the present law.
The office may reduce or even eliminate an allowance when it seems equitable to do so.
Members and substitute members of the Grand Council receive their allowances at least semiannually.
The office makes final decisions regarding indemnities, particularly in cases of disputes concerning the amount, payment, reduction, or termination of an indemnity.
1. The office may establish regulations regarding the compensation of members and substitute members of the Grand Council.
2. These regulations may provide for rules different from those prevailing for the determination of allowances paid to holders of public office.
[108]
[109]
[110]
[111]
[112]
[113]
If events of significant impact occur in an area under the high supervision of the Grand Council and require the Grand Council to particularly clarify the situation, a parliamentary inquiry commission (PIC) (hereinafter: inquiry commission) may be established to ascertain the facts, gather other means of evaluation, make a political assessment, and formulate proposals.
1. The initiative to propose the constitution of a commission of inquiry belongs to each member of the Grand Council, the bureau, the groups, and the commissions.
2. After a plenary hearing of the President of the Council of State or one of its members designated for this purpose, the commission of inquiry is established by a decree.
1. The investigation commission is composed of members of the Grand Council appointed by the latter.
2. Substitute members of the Grand Council cannot be part of it.
3. The decree determines the number.
4. The chairperson of the investigation commission is appointed by the Grand Council.
The Grand Council must define in the decree the missions of the commission of inquiry and the financial resources allocated to it.
1. The inquiry commission constitutes and organizes itself.
2. It has its own secretariat.
3. The general secretariat provides the inquiry commission with the personnel and logistical support it needs.
4. The inquiry commission may employ temporary staff under private law contracts.
Members of the commission of inquiry shall recuse themselves
a) if they have a personal interest in the inquiry;
b) if they are related by blood or marriage to a person in a direct line, or up to the third degree in a collateral line directly affected in their interests by the inquiry;
c) if they are married to or engaged to a person directly affected in their interests by the inquiry (hereinafter: affected person);
d) if they are in a registered federal or cantonal partnership with an affected person;
e) if they are in a de facto domestic partnership with an affected person;
f) if they represent an affected person or have acted on behalf of that person in the same inquiry;
g) if, for other reasons, they may have a preconceived opinion on the inquiry;
h) if they are candidates for a position incompatible with that of a member or alternate member of the Grand Council (Art. 33 LDP).
1. Affected persons may request the disqualification of one or more members of the investigation commission if the conditions of Article 353 are met.
2. The request for disqualification must be submitted without delay to the investigation commission.
3. The investigation commission shall rule on the request for disqualification.
4. If it admits the grounds of the request, it shall disqualify the member or members concerned.
1. Legal procedures in which a member of the inquiry commission, obligated to recuse themselves, has participated are annulled and must be repeated.
2. However, procedures that cannot be repeated may still be taken into consideration by the inquiry commission.
1. The commission of inquiry may obtain all necessary information and documentation from judicial authorities and judicial personnel for the exercise of its mandate.
2. The commission of inquiry may only access ongoing judicial case files if it is deemed indispensable, particularly in terms of proportionality, for the fulfillment of its missions.
1. The inquiry commission determines the procedural measures necessary for the accomplishment of its missions.
2. It may, in particular, interrogate individuals summoned to provide information, hear witnesses, request information and documents from authorities, members of authorities, administrative services, entities performing public tasks delegated by the State, State employees and officials, as well as private individuals.
3. It may order expert assessments and conduct site inspections.
4. The principal procedural acts are recorded in a report.
**1. The Council of State Assigns a Member or Designates a Representative for the Inquiry Commission**
1. The Council of State assigns one of its members or designates a person to represent it before the inquiry commission.
2. The representative of the Council of State may attend the hearing of witnesses and persons summoned to provide information and ask them additional questions.
3. They may review the documents of the file at the location set by the inquiry commission.
4. The Council of State may express its views on the findings of the inquiry in a report intended for the Grand Council.
1. The investigative commission may entirely or partially deny the representative of the Council of State the right to be present at hearings and to consult the case documents if the ongoing investigation or the protection of third parties requires it.
2. In such cases, it communicates the essence of these hearings or documents to him orally or in writing and provides him with the opportunity to express himself in relation to them.
3. The content of the hearings or documents that were not made known to the representative of the Council of State cannot be used to the detriment of the represented party.
4. The representative of the Council of State cannot be denied the right to consult his own memoranda, the documents he has produced, and the minutes related to the statements he has made.
1 No copies of the documents in the file shall be delivered to the representative of the Council of State except with the formal authorization of the commission of inquiry.
1. When the investigation concerns the administration of justice, the judicial authorities act through the administrative commission of the judicial authorities or through the person designated for that purpose, with articles 358, paragraphs 2 and 3, 359, and 360 being applicable by analogy.
2. The Judicial Council and the administrative commission of the judicial authorities have the right to express their views on the findings of the investigation in a joint report addressed to the Grand Council.
1. Members of the judiciary of the judicial order and holders of public office in the State are required to provide information on the findings they have made in the exercise of their function or in the performance of their service.
2. They are released from the duty of confidentiality as they comply with the directives of the inquiry commission.
1. The investigative commission identifies individuals whose interests are directly affected by the inquiry and informs them without delay.
2. Articles 358, paragraphs 2 and 3, 359, and 360 apply analogously to these individuals.
3. The investigative commission may authorize the affected individual who requests it to be assisted by a representative for all or part of the procedure.
1. Once the investigations are completed and before the report is presented to the Grand Council, the individuals against whom allegations are made are allowed to review the sections of the report that concern them at the place designated by the inquiry commission.
2. The inquiry commission provides them with the opportunity to express themselves in writing regarding these sections within an appropriate timeframe.
3. The commission's report accounts for the comments made by the individuals implicated.
1. All persons who have participated in the sessions or hearings of the commission of inquiry in any capacity are subjected to the obligation to maintain confidentiality.
2. The same applies to all persons who, in any capacity, have become acquainted with the documents in the file.
3. The confidentiality applies to all elements and facts of the file compiled by the commission of inquiry.
4. All elements contained in the report of the commission of inquiry are no longer confidential once the said report is made public.
1. When the Grand Council has decided to establish an investigation commission, no other commission is authorized to conduct investigations into the events that are the subject of the mandates entrusted to this commission.
2. The establishment of an investigation commission does not prevent the initiation or continuation of judicial proceedings, whether criminal, civil, or administrative.
3. A disciplinary or administrative investigation by the State can only be initiated with the authorization of the investigation commission if it concerns matters or persons that are or have been affected by the investigation of the investigation commission.
4. Ongoing State disciplinary or administrative investigation procedures must be suspended until the investigation commission authorizes their resumption.
1 The Grand Council deliberates on the report of the investigative commission.
2. By a vote, it either accepts it, rejects it, or instructs the investigative commission to complete its investigation and report.
3. The Grand Council decides on any proposals made by the investigative commission which are handled according to their nature.
4. In the absence of a contrary decision, the investigative commission is considered dissolved as soon as the Grand Council votes on its report.
1. The Secretary General of the Grand Council is responsible for the organization and classification of the files and archives of the inquiry commission.
2. He takes all necessary measures to ensure the preservation and confidentiality of the confidential documents.
1. The bureau or the commission of inquiry, if it is still in operation, decides on the lifting of secrecy and on access to files and archives.
2. Article 25 is applicable in addition.
Are applicable as supplementary law
1. Articles 64 to 79;
2. Articles 43 to 55 of the Administrative Procedure Act (APA), dated March 18, 2025 [114], relating to testimony and the production of documents;
3. The provisions of Articles 292 and 309 of the Swiss Penal Code, dated December 21, 1937 [115].
1. The staff members of the Grand Council's service in place at the time of the entry into force of this law are integrated into the general secretariat.
2. They retain the benefits of their status and their remuneration.
The general secretariat retains the premises currently occupied by the Grand Council service.
1. The office is tasked with making all necessary decisions for the establishment of the new structures provided for the Grand Council by this law.
2. It is specifically responsible for
a) organizing the transfer of ongoing files between the chancellery and the general secretariat;
b) allocating staff to the new tasks of the general secretariat and hiring the additional necessary personnel;
c) drafting the 2013 budget for the Grand Council and the general secretariat;
d) appointing the Secretary General of the Grand Council, who will take office on January 1, 2013;
e) organizing and leading, in collaboration with the IT service of the Neuchâtel entity (SIEN), the project of informatization for the members and substitute members of the Grand Council, as well as the project of informatizing the Grand Council's chamber;
f) taking all necessary measures to enable the Grand Council to be operational as soon as the preparatory acts for its constitutive session on May 28, 2013, are completed.
1. Each special commission in function at the time of the entry into force of the present law and which is transformed into a thematic commission shall conclude its mission in a draft decree which it shall submit to the vote of the Grand Council no later than December 31, 2013.
2. Failing this, it shall be dissolved by operation of law.
1. Motions and postulates that have been accepted by the Grand Council for more than two years prior to the entry into force of this law and to which the Council of State has not yet taken action remain subject to the law in force at the time of their consideration.
2. Other pending motions and postulates are subject to the new law.
The Organization Law of the Grand Council (OGC), of March 22, 1993 [116], is repealed.
**Amendment of Current Law** is addressed in Annex 1.
This law is subject to an optional referendum.
1. The Council of State shall provide for the promulgation of this law, if necessary.
2. Articles 103 to 114, 116, and 371 to 373 shall enter into force the day following the expiration of the deadline for the prior announcement of the referendum.
3. The law shall enter into force in its entirety on May 28, 2013.
Law promulgated by the Council of State on December 3, 2012.
For the legislative year 2016-2017, the annual allowance provided for in Article 331, paragraph 3, is set at 500 francs.
For the year 2017, the amount of the allowances provided for in Article 328, paragraphs 2 and 3, is reduced by 2.5%.
For the years 2018, 2019, and 2020, the amount of the allowances provided for in Article 328, paragraphs 2 and 3, is reduced by 2.5%.
Transitional provision to the legislative amendment of February 21, 2017 [121]
The amendments of February 21, 2017, shall apply for the first time to the general election of the Grand Council in 2021.
Temporary modification of December 1, 2020 [122]
From December 1, 2020, to May 24, 2021, derogation from Article 28, paragraph 2, is made as follows. Substitute members may only replace members of the Grand Council from the party to which they belong. Article 28, paragraph 3, does not apply to the session of December 1, 2020.