1 State - People - Authorities - 15 Authorities - 152 Council of State and Cantonal Administration - TITLE ONE - CHAPTER ONE Role and Composition (LCE)

[1] 1 The Council of State exercises governmental and executive power in the canton.

2. It is the decision-making or appellate authority in matters of administrative jurisdiction in cases provided for by law.

[2] The State Council is composed of five members elected by the people for four years, according to the two-round majority voting system.

[3] 1 The Council of State conducts the policy of the canton, subject to the competences of the Grand Council and the people.

2. It plans and coordinates the activities of the State, ensuring collaboration with the Confederation, other cantons, and the communes of Neuchâtel.

3. It continuously monitors the evolution of the canton and undertakes all initiatives necessary to ensure its development.

4. It represents the State within its territory.

[4] 1 In the first year of the legislative term, the Council of State presents a political program to the Grand Council, in which it announces what it intends to accomplish during this legislative term.

2. This program is accompanied by a financial plan in accordance with the law on finances, dated October 21, 1980 [5].

[6] 1 For the execution of the tasks assigned to it, the Council of State may establish commissions and call upon experts.

2. It may also appoint commissions to collaborate in the supervision of establishments owned by or dependent on the State.

3. It appoints the representatives of the State in associations, foundations, companies, and other institutions in which the State participates. It may give them instructions.

4. The Council of State determines the amount of fees or allowances for experts and commission members.

[7] 1 The Council of State is responsible for informing the public and the Grand Council of its projects, decisions, and significant activities of the cantonal administration.

2. It ensures the exercise of the right to information as recognized by the Constitution or the law

c) to the members of the Grand Council personally.

3. It notifies the office of the Grand Council of the federal consultations it is involved in.

[8] 1. The State Council directs the cantonal administration.

2. It exercises constant supervision over it, gives it the necessary instructions, coordinates its activity, and ensures a good internal flow of information.

3. Unless otherwise provided by law, it appoints public office holders and terminates service relationships, in accordance with the Public Service Status Act of June 28, 1995.

4. The State Council ensures that administrative activity is lawful, economical, rational, effective, and serves the population.

[9] 1 The Council of State generally prepares drafts of laws and decrees.

2. It ensures that each draft is evaluated with regard to its financial and legal implications.

3. Within the framework of the Constitution and laws, it issues implementing ordinances in the form of regulations or orders.

[10] 1 The Council of State negotiates, concludes, and ratifies international treaties and inter-cantonal treaties. It submits them for the approval of the Grand Council, unless a law or a treaty approved by the Grand Council provides otherwise.

2. It informs the Grand Council in a timely manner of its intentions regarding foreign policy, and in particular of the treaties it intends to conclude.

3. It informs and consults with the external affairs committee, in accordance with the organizational law of the Grand Council (OGC), dated October 30, 2012.

[11] 1 The State Council presents annually to the Grand Council

a) a draft budget;

b) an administrative account and balance sheet draft, accompanied by a report on its financial and administrative management.

2. It decides on expenditures, as well as acquisitions and alienations of the public domain, within the limits set by the finance law.

3. It requests commitment credits from the Grand Council for expenditures that it is not competent to undertake itself.

[12] 1 The Council of State ensures the proper application of cantonal law, as well as federal law insofar as it falls within the remit of the canton.

2. It designates the competent authorities.

[13] The Council of State exercises supervision over the municipalities.

[14] The Council of State

a) generally prepares the deliberations of the Grand Council;

b) represents the canton in its external relations;

c) responds to federal consultations, taking into account the opinion of the Grand Council if it has provided one;

d) enters into concordats with Churches and other recognized religious communities, subject to the approval of the Grand Council;

e) rules on applications for naturalization, in accordance with federal and cantonal legislation;

f) ensures public safety and order and, when these are seriously and directly threatened or disturbed, takes the necessary measures to restore them, even in the absence of legislation;

g) exercises other powers assigned to it by law.

[15] 1 In the event of disasters or other extraordinary situations, and if the Grand Council is unable to exercise its powers, the Council of State shall take all necessary measures to protect the population.

2. These measures shall be the subject of a report to the Grand Council.

[16] When the Council of State utilizes the armed forces to maintain public security and order, it must convene the Grand Council within eight days and submit a report on the measures taken and the manner in which they have been executed.

[17] 1 Members of the Council of State may not assume office before being sworn in.

2. Their rank is determined according to the date of their election.

3. If they were elected on the same day, precedence is given to the eldest.

[18] Members resigning from the Council of State must remain in office, unless specifically authorized otherwise by the Council of State, until the day their successor assumes office.

[19] 1 Members of the Council of State are required to keep confidential the facts that must remain so due to their nature and of which they have become aware in the course of their duties.

2. The Council of State may lift the duty of confidentiality either on its own initiative or at the request of a third party.

[20] The Council of State may delegate a portion of its powers to its members, to administrative services, or to other individuals.

**[21] 1 The Council of State may establish delegations comprising no more than three of its members for certain matters.

2. It determines their mandate and regulates the procedure.**

[22] The Council of State can only validly deliberate if at least three of its members are present.

[23] All acts issued by the Council of State are signed by the President and the Chancellor of State.

[24] The Recusal of Members of the Council of State is Governed by the Administrative Procedure Law (APL), of March 18, 2025 [25].

[26] The Council of State elects its president and vice-president each year.

[27] The sessions of the Council of State are not public.

[28] Individual opinions on matters submitted to the Council of State must not be disclosed.

Art. 26bis [29] The Council of State sessions are documented in minutes, which include a brief rationale for the decisions made.

[30] For the remainder, the Council of State organizes itself autonomously.

[31]

[33] 1 The gross annual base salary of the members of the Council of State amounts to 251,390 francs (2013 value).

2. Articles 52 and 55 to 59 of the Public Service Status Act (PSSA), dated June 28, 1995, apply by analogy.

[35] 1 Members of the Council of State are enrolled in the Public Service Pension Fund of the Canton of Neuchâtel. Articles 62 and 63 LSt apply by analogy.

2. Upon their assumption of office, the exit benefits granted by other pension institutions must be paid to the Public Service Pension Fund of the Canton of Neuchâtel.

[36] 1 Members of the Council of State who leave their positions due to resignation or non-re-election and who have not reached the standard retirement age as defined by the Federal Law on Old-Age and Survivors Insurance (LAVS) of December 20, 1946 [37] are entitled to receive a monthly allowance.

2. Each year of service, even partial, entitles the individual to one and a half months of allowance, up to a maximum of nine months.

3. The gross amount of the monthly allowance corresponds to the last gross monthly salary, excluding allowances. It is subject to the usual social charges, with the exception of the LPP.

4. The beneficiary must promptly report the gross income from self-employment or salaried employment, a political mandate, or administrative role earned during the indemnity period, which will be deducted from the gross amount to be paid, or reimbursed to the State up to the gross amount paid.

5. The allowance ends when the beneficiary reaches the standard retirement age as defined by the Federal Law on Old-Age and Survivors Insurance (LAVS) of December 20, 1946.

6. A departure resulting from a dismissal pronounced by the Grand Council (Art. 326a et seq. OGC) excludes any indemnity.

1. The departments, the State Chancellery, and the administrative units subordinate to them must be organized and managed in accordance with the principles of legality, efficiency, economy, and public service.

2. They are required to collaborate with one another.

1 The Council of State adjudicates on conflicts of jurisdiction between departments or between the departments and the State Chancellery.

2. It may alter a decision made by a department head when they have exceeded their authority.

3. The department head resolves jurisdictional conflicts that arise within their department; the State Chancellor resolves those within the Chancellery.

A department head cannot directly assign the execution of a task to an agency or office dependent on another department; they must go through the head of the department to which it belongs.

1. Acts issued by the departments are signed by the heads of departments or their deputies, and those from the chancellery by the chancellor or their deputy.

2. The Council of State determines the procedures for the exercise of the right of signature or its delegation within the administration.

[38] 1 Decisions made by the services and offices of the cantonal administration may be subject to an administrative appeal to the department.

2. Decisions made by the departments may be subject to an appeal to the Cantonal Court.

3. The Council of State is an appeal authority only in cases provided for by law.

The State Chancellor is appointed by the State Council.

[39] 1 The State Chancellor directs the State Chancellery and acts as the secretary of the Council of State.

2. He is the custodian of the seals of the Council of State.

3. He assists the Council of State and its president in the performance of their duties.

4. He specifically exercises the following tasks

a) he assists the Council of State in planning and coordinating governmental activities;

b) he prepares the annual report of the Council of State to the Grand Council on its management;

c) he drafts the minutes of the meetings of the Council of State and maintains a record containing the texts of decisions made by the Council of State;

d) he informs the relevant departments of the decisions made by the Council of State;

e) he organizes public information;

f) he is the head of protocol.

5. Repealed.

In the event of the Chancellor of State's incapacity, the Council of State shall take the necessary measures for his replacement.

The Council of State regulates the organization and powers of the chancellery.

[40] 1. The cantonal administration is divided into five departments.

1bis. The Council of State determines their designation.

2. The departments and the chancellery are subdivided into services or offices.

3. The services and offices may be further subdivided into other administrative units.

[41] In the event of a change in the naming of departments or administrative units, the legal service is responsible for adapting, without formal procedure, the texts appearing in the Systematic Collection of Neuchâtel Legislation (RSN).

[42] 1 The Council of State assigns each of its members the leadership of a department.

2. It appoints from among its members a deputy for each head of department.

3. The distribution of departments occurs at the beginning of each legislative session and additionally whenever circumstances warrant.

4. Each member of the Council of State is obligated to accept the department assigned to them.

1. The Council of State determines the responsibilities and organization of the departments.

1 Within the limits set by the Council of State, department heads may establish commissions or call upon experts for the study of important or difficult issues or for the development of projects.

2. The amount of the fees or allowances for the experts or commission members is determined according to the rules established by the Council of State.

When a case falls under multiple departments, the head of the department handling it must consult the heads of the other concerned departments.

The head of the department has, in particular, the following duties

a) he periodically determines the objectives to be achieved and the tasks to be accomplished;

b) he plans the department's activities;

c) he prepares the department's budget;

d) he informs the Council of State about the fulfillment of the main tasks of the department;

e) he controls and coordinates the activities of the services and offices subordinate to him and ensures they collaborate with each other;

f) he periodically reviews the organization of his department in order to adapt it to new needs and methods;

g) he regulates the right of signature within the department;

h) he prepares, for the Council of State, draft laws or decrees and the related reports on matters falling within the department's remit;

i) he presents to the Council of State, at the beginning of each year, a report on the administrative activity of the department during the past year.

[43] Members of the Council of State are, as the case may be, collectively or individually responsible for their administration with respect to the State, excluding third parties, within the meaning of the Act on the Liability of Public Entities and Their Agents, dated June 26, 1989 [44].

The collective responsibility of the Council of State applies to acts emanating from the Council of State and bearing the signature of the president and the chancellor.

**The Individual Responsibility of Members of the Council of State**

The individual responsibility of members of the Council of State applies to the acts of the departments for which they are responsible, when these acts are performed by the heads of departments themselves or pursuant to orders given by them.

No liability action may be brought against the Council of State or any of its members, pursuant to Articles 46 to 48, without a decision by the Grand Council made by a majority of the members present.

1. Criminal proceedings may be initiated against the State Council or one of its members, pursuant to Articles 46 to 48, only with the authorization of the Grand Council.

2. When a request for prosecution is considered by the Grand Council, it is referred to a committee.

3. After hearing the member or members of the State Council concerned and after gathering all the information it deems necessary, the committee presents a report to the Grand Council, which decides by majority of the members present.

4. The authorization of the Grand Council is transmitted for execution to the authority responsible for conducting the criminal investigation.

1. No member of the Council of State may be held accountable for an opinion expressed during debates of the Grand Council or one of its committees or subcommittees.

2. He is responsible only to these authorities.

Are repealed

a) Articles 1 to 4 and 6 to 84 of the Law on the Organization of the Council of State, dated June 23, 1924 [45];

b) any other contrary provisions.

[46]

1. This law is subject to an optional referendum.

2. The State Council shall, if necessary, ensure its promulgation and execution.

Law promulgated by the State Council on May 25, 1983.

1. The reference to the competent department in the text of laws and decrees of general scope is removed.

2. The State Council is responsible for designating the competent department in each case.

Transitional Provisions for the Modification of October 1, 2024 [48]

1. Articles 30a to 30c of the present law do not apply to members of the State Council in office before the entry into force of the modification.

2. The base annual salary of members of the State Council in office before the entry into force of the modification is 236,711 francs (value in 2013).

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Law on the Organization of the State Council and the Cantonal Administration