CH-NE
1 State - People - Authorities - 17 Municipalities - 171 General Provisions See under 101 See under 141 - TITLE ONE - General Provisions (GG)
Table of Provisions (110)
Statutory Text (110 Articles)
[1] The canton is composed of twenty-seven municipalities.
[2] The municipalities of the canton are
Boudry, Brot-Plamboz, Cornaux, Cortaillod, Cressier, Enges, Hauterive, La Brévine, La Chaux-de-Fonds, La Chaux-du-Milieu, La Côte-aux-Fées, La Grande Béroche, La Sagne, La Tène, Le Cerneux-Péquignot, Le Landeron, Le Locle, Les Planchettes, Les Ponts-de-Martel, Les Verrières, Lignières, Milvignes, Neuchâtel, Rochefort, Saint-Blaise, Val-de-Ruz, Val-de-Travers.
The municipality encompasses under this name all the inhabitants who are domiciled there and all the property belonging to the community.
The status of resident of the municipality is verified by registration in the family register.
[3] 1 This law ensures the existence of municipalities, their territory as determined by cadastral acts, and their properties.
2. No merger or division of municipalities, nor any transfer of territory from one municipality to another, can occur without the consent of the affected municipalities.
3. In matters of merger or division, the consent of the municipality is subject to a mandatory referendum.
The municipalities are under the direct supervision of the Council of State.
1. The Council of State may be represented at all sessions of the municipal authorities with a consultative voice.
2. It may also request from the municipal authorities any documents necessary for its information.
1. Municipal regulations become enforceable only after being sanctioned by the Council of State.
2. Sanction is refused for regulations that are illegal or manifestly contrary to the public interest.
[4] 1 When a municipal decision appears to be illegal or manifestly contrary to the public interest, the Council of State may request the authority that made the decision to withdraw it. If the municipal authority refuses, the Council of State may annul the decision itself.
2. Exceptions are made for cases where cantonal legislation subjects a decision to appeal or to the approval of the Council of State.
3. The Council of State may act on its own initiative or upon denunciation.
4. The denouncer does not have any of the rights granted to a party.
[5] 1 The Council of State may convene, when it deems appropriate, the General Council, the Municipal Council, the School Establishment Council, or any other commission of a municipality.
2. It may delegate one of its members to preside over the meeting with advisory capacity.
1. The Council of State may replace the municipal authorities that, after being duly invited, do not take the measures that the legislation requires of them.
2. The costs shall be borne by the defaulting municipality.
3. The Council of State shall inform the Grand Council, without delay, of the measures it has taken by way of substitution.
1. The Council of State calls upon the electorate for a complete renewal of the General Council when, due to vacancies, the latter has simultaneously lost the majority of its members and cannot be fully replenished without resorting to a by-election.
2. The Council of State promptly informs the Grand Council of this situation.
[6] 1 The department designated by the Council of State (hereinafter: the department) oversees the financial management of municipalities and inter-municipal unions, notably by examining the formal regularity of their budgets and accounts, as well as their financial balance.
2. For this task, it relies on the office of municipalities and fiduciary management [7].
[8] The municipal authorities are
4. other commissions whose appointment is mandated or authorized by law.
[9] All municipal voters are eligible, but only in the municipality where they are registered to vote.
[10] 1 The General Council and the Municipal Council are elected for four years, except as otherwise provided by this law.
2. The outgoing members are eligible for re-election.
[11] 1 Municipalities may establish in their general regulations a system of substitution for the members of the General Council.
2. The substitution system provided for the members of the Grand Council applies by analogy.
[12] 1 Spouses, registered partners under federal or cantonal partnership laws, individuals living as a couple in fact, parents or relatives up to the third degree inclusive, cannot serve together on the board of the General Council or the Communal Council. However, in municipalities with fewer than four hundred inhabitants, the Council of State may authorize exceptions.
2. Members of the Council of State and the State Chancellor cannot be part of the Communal Council or the General Council. Municipal officials and employees, with the exception of teaching staff, cannot be part of the Communal Council. They may be part of the General Council to the extent that the municipality's regulations grant them such a right.
3. Members of the Communal Council have a consultative voice in the General Council, but they cannot be part of it.
4. Repealed
5. Repealed
**[13] 1 No member of the General Council, the Municipal Council, or any commission may participate in a discussion where they have an interest or which concerns:**
a) a person to whom they are or have been married;
b) a person to whom they are or have been linked by a federal or cantonal registered partnership;
c) a person with whom they are de facto in a life partnership;
d) any of their relatives or in-laws up to the third degree inclusively.
2. Cases of recusal shall be submitted to the judgment of the authority to which the recusant member belongs.
3. The present provision is not applicable during an election.
[14] Members of the General Council or the Municipal Council cease to be part of these authorities
a) immediately, when they no longer meet the eligibility conditions, particularly if they cease to have their domicile in the commune or if they are declared, by judgment, incapable of holding an office or official function;
b) upon the expiration of an unused ten-day option period, when they find themselves in one of the cases of incompatibility provided for in Article 17 of this law;
c) after a formal notice, when it appears that they no longer wish to exercise their mandate, the competent authority being the one to which they belong.
[15]
[16]
The General Council meets at fixed times determined by the regulations; it also convenes when summoned by its bureau or by the Municipal Council. The bureau is required to issue the summons if a quarter of the members of the General Council make a written request to the president. The summons of the General Council must always be made public and include the agenda.
[17] 1. The General Council can only make valid decisions if the members, and where applicable, alternate members, present constitute an absolute majority of the total number of active members.
2. However, if a first meeting does not achieve this majority, the members present may decide to convene a new meeting as a duty; the decisions made by the assembly thus convened will be valid, regardless of the number of members present.
3. The regulations determine the mode of convocation and deliberations of the General Council.
4. The sessions of the General Council are public.
[18] 1. The number of members, and, if applicable, substitute members, present at a meeting is always recorded in the minutes. The number of votes obtained by a decision must also be recorded.
2. The minutes of each meeting are, as a general rule, approved no later than the following meeting.
3. The minutes, as well as all documents issued by the General Council, must be signed by the president and the secretary.
[19] The General Council has the following powers
1. It elects by secret ballot, with an absolute majority, tacit election being reserved
a) its board for one year;
b) the members of the Municipal Council, when the regulations grant it this competence, for four years at the beginning of each administrative period; it conducts a new complete election of these authorities when, due to vacancies, they have simultaneously lost the majority of their members and cannot be fully completed;
c) the members of the financial commission responsible for examining the budget and accounts of the municipality for all or part of the administrative period;
d) the members of other commissions when law or municipal regulations attribute this power.
2. It enacts or modifies municipal regulations subject to the sanction of the Council of State.
3. It adopts the municipal budget, votes on credits, loans, and financial commitments, and decides on the accounts presented annually by the Municipal Council.
4. It sets by regulation the limit of the financial competencies of the Municipal Council.
5. It deliberates and votes on all proposals made to it and related to
a) municipal taxes;
b) the salaries of municipal officials, employees, and agents;
c) the creation of new positions;
d) the acceptance of donations and bequests made to the municipality;
e) the financial participations and guarantees provided for in articles 50 and 51;
f) legal actions the municipality might initiate, as well as settlements, withdrawals, and acquiescences in lawsuits affecting the municipality, article 30, number 6, being reserved;
g) repealed;
h) the delegation to the Municipal Council of the power to acquire real estate by way of public auction.
6. It exercises the right of initiative of the municipality.
7. Finally, the General Council ensures the proper management and conservation of the municipality's assets, as well as the smooth running of public services.
[20] 1 The Municipal Council consists of three, five, or seven members.
2. The number of members of the Municipal Council and their method of election are determined by the municipality's regulations.
1. The Municipal Council elects its board each year or for the administrative period, with outgoing members being immediately eligible for re-election.
2. The municipality is bound by the signature of the president and the secretary or their substitutes.
3. In municipalities with more than ten thousand inhabitants, the Municipal Council may entrust its secretariat to a chancellor and grant them collective signature authority.
When a vacancy occurs in the City Council, it is necessary to provide for the replacement of the deceased or resigning member.
1. The Municipal Council convenes upon the summons of the president or at the request of two of its members.
2. The Municipal Council may only make a valid decision if the members present constitute the majority of the elected council.
3. The decisions of the Municipal Council emanate from the council as a whole; therefore, a minority report cannot be made.
4. Minutes of the meetings are regularly kept and signed.
[21] The Municipal Council exercises, within the limits of the laws, the decisions of the General Council, and the budget, the following powers
1. It represents the municipality in relation to third parties.
2. a) It administers and maintains the assets of the municipality and performs all necessary acts for this purpose;
b) It invests available capital in accordance with Article 46 hereinafter;
c) It decides on financial participations and guarantees provided for in Articles 50 and 51, when they do not exceed its financial competencies;
d) It rules on applications for naturalizations and municipal affiliations.
3. It appoints the members of commissions when the law or municipal regulation does not assign this power to the General Council.
4. It appoints and dismisses
a) The civil status officer, subject to ratification by the Council of State, or participates in this appointment with the competent Municipal Councils if the district includes several municipalities;
b) Under the same reservation and if applicable, the municipal administrator;
c) Under the same reservation, the officer in charge of resident policing and the meat inspector;
d) All agents and employees of the administration.
5. a) It drafts, revises, and submits all municipal regulations to the General Council;
b) It presents the budget and credit requests to the General Council and proposes the necessary means to cover expenses;
c) In accordance with the budget and regulations, it collects municipal taxes and revenues;
d) It provides preliminary opinions on each item it submits to the General Council;
e) It ensures the execution of municipal regulations and decisions made by the General Council;
f) It exercises the powers conferred on municipalities by laws and regulations under the control of the cantonal authority, which relate in particular to order, safety, tranquility, public health, assistance, roads, foreigner policing, and sanitary, rural, fire, construction, fair, and market policing;
g) It conducts censuses, organizes elections and votes, and publishes and posts official acts;
h) It ensures the destruction of harmful animals.
6. It is competent to
a) Take conservatory measures in disputes affecting the municipality;
b) Defend the interests of the municipality in lawsuits brought against it;
c) Initiate action, settle, acquiesce, and withdraw when the ordinary courts of the canton are competent to adjudicate the case definitively;
d) Lodge complaints and constitute as a complainant in criminal proceedings when the municipality is a victim of an offense;
e) Lodge complaints and become a complaining party in matters of violation of a maintenance obligation (Art. 217, para. 2 CPC).
7. It makes all school-related decisions that are within municipal competence.
8. Finally, the Municipal Council is responsible for all affairs related to municipal administration that the law or regulation does not assign to another authority.
[23] 1 The General Council may, by a resolution passed by a three-quarters majority of its members, remove a member of the Communal Council for just cause.
2. Just cause is considered to include all circumstances, even those not attributable to fault, which, according to the rules of good faith, preclude the continuation of the mandate.
3. In particular, the General Council may remove a member of the Communal Council when the member
a) is in a permanent incapacity to perform his or her mandate;
b) seriously violates the duties of the mandate or significantly undermines the dignity of the mandate, either intentionally or through negligence;
c) has been convicted of a criminal offense whose nature or severity is incompatible with the exercise of the mandate.
[24] 1 The initiative to propose the initiation of impeachment proceedings belongs to the Municipal Council or the Bureau of the General Council.
2. If the General Council agrees to proceed with the proposal to initiate impeachment proceedings, an ad hoc commission is established to conduct the inquiry and report its findings in the form of a written report.
3. The commission establishes the facts on its own motion. In addition, the provisions of the Administrative Procedure Act (APA) of March 18, 2025, regarding recusal (art. 11 to 13), representation of parties (art. 16), duty to cooperate (art. 43 to 55), right to be heard (art. 56), and access to records (art. 57 to 60) shall apply by analogy.
4. All persons who, in any capacity, have participated in the sessions or hearings of the commission or have had access to the case files, are bound by confidentiality obligations.
5. If it recommends impeachment, the commission attaches a draft ordinance in that sense to its report.
[25] 1 As soon as the impeachment procedure is initiated, the General Council may, by an order voted by a three-quarters majority of its members, pronounce the provisional suspension of the member of the Municipal Council, with or without deprivation of salary.
2. If the General Council subsequently decides not to proceed with the impeachment, the member of the Municipal Council is entitled to the payment of the salary from which they may have been deprived.
[26] 1 In the event that the General Council refuses to initiate the procedure or concludes against the removal from office, and the request for removal was proposed by the Communal Council, the resignation of all other members results in the dissolution of this authority.
2. In such a case, a new election for the Communal Council is organized without delay.
[27] 1 Resignation and death, as well as re-election, automatically terminate the impeachment proceedings.
2. The committee responsible for the examination of the impeachment request acknowledges the termination of the proceedings in its report.
[28] Orders of the General Council Pronouncing Temporary Suspension or Dismissal Constitute a Decision, within the Meaning of Article 5 LPA.
[29] 1 The decision of provisional suspension and the decision of dismissal may be subject to appeal to the Cantonal Court, in accordance with the LPA.
2. The appeal does not have a suspensive effect.
[30] The provisional suspension or removal of a member of the Municipal Council results in the provisional suspension or removal of their mandates within any School Board and any Inter-municipal Syndicate.
[32] The municipality establishes one or more advisory school council(s) for the cycles of compulsory education.
[33] 1 The School Board consists of at least five members.
2. The number of members and the composition of the School Board are determined by the municipal regulation.
3. However, the School Board must at least be composed of
e) A delegate representing the other professionals of the institution.
4. If there is an administration within the institution, it is represented on the School Board by a delegate who substitutes for the delegate representing the other professionals of the institution.
[34] 1 The ex officio members of the School Governing Board are appointed
a) by the Municipal Council for its delegate;
b) by the General Council for its delegate;
c) by the parents of students attending the institution for the parents' delegate;
d) where applicable, by the Municipal Council for the delegate of other professionals of the institution;
e) by the teaching staff of the institution for its delegate;
f) where applicable, by the administration of the institution for its delegate.
2. The appointment method for other members of the School Governing Board is determined by municipal regulation.
[35] 1 The municipal regulation establishes the rules regarding the appointment of the president of the School Establishment Council.
2. For the remainder, the School Establishment Council organizes itself.
[36] 1 The responsibilities of the School Board are notably the following
a) to assist the Municipal Council in its management of the institution;
b) to provide preliminary opinions on the internal regulations of the institution;
c) to support the professionals of the institution, particularly in prevention tasks, education, school projects, and sports and cultural activities;
d) to establish the necessary links between all school stakeholders and the general public;
e) to address the needs of users regarding the provision of extracurricular activities;
f) to propose measures concerning municipal services, particularly school cafeterias, supervised homework, and continuous schedule days.
2. The School Board may be consulted by the Municipal Council on any other issue related to the school cycles falling within its competence.
The administrative organization of the municipality is the responsibility of the Municipal Council. Oversight is assumed by the president or by another designated member.
[37] 1 The family register, maintained by the civil registrar, serves as a list of nationals. Individuals listed in this register are entitled to receive certificates of origin verifying that they are nationals of the municipality.
2. In each civil registry district, a directory of certificates of origin issued is maintained.
3. The Federal Council enacts the regulations for the application of federal law concerning the certificate of origin.
[38]
The municipal administrator must provide a surety or be covered by a surety insurance, the amount of which is determined by the significance of the municipality's operations. The same applies when the duties of administrator or treasurer are performed by a municipal councilor or any other person.
When the municipal treasury officer performs other cashier duties, the municipal council shall take the necessary measures to ensure that simultaneous verification of the various cash registers is carried out.
1. All contributions and taxes levied by the municipality must be recorded in registers; the same applies to revenues from sales or leases unless contracts or other titles are established.
2. The recovery of claims occurs in accordance with the provisions of the Federal Law on Debt Collection and Bankruptcy, the law for the enforcement of said law, and the concordat concerning mutual guarantee for the legal execution of obligations arising from public law.
[39] 1 Every municipality is required to have a secure, dry, and fireproof facility to store its archives.
2. The Municipal Council is responsible for archiving, under the supervision of the department responsible for the implementation of the Archives Act (LArch), dated February 22, 2011 [40].
The ordinary resources of the municipality are: income from property, taxes, levies, profits from industrial services, fees and various rights whose collection is legally or regulatorily authorized.
1. **The State Council May Authorize a Municipality**
The State Council may authorize a municipality to levy, for a limited number of years, a special additional contribution aimed at covering a significant and extraordinary expense required by an enterprise of well-known public interest, provided that the latter cannot be financed by the ordinary resources of the budget. This extraordinary expense is subject to a mandatory financial referendum. Special contributions shall not exceed a total of ten percent of each taxpayer's municipal tax.
**Art. 48 [41]**
[42] The property donated or bequeathed to municipalities with specific allocation must be used in accordance with their intended purpose for as long as such purpose remains justified.
Subject to authorization from the Council of State, municipalities may financially participate in the creation or maintenance of private enterprises that serve a general interest.
[43] When a municipality has a public interest in a joint-stock company or a cooperative society, it shall ensure that the company's statutes grant it the right to delegate representatives to the management body.
When the public interest is demonstrated, a municipality may, with the authorization of the Council of State, grant private enterprises a limited-duration financial guarantee.
1 A municipality cannot, without the authorization of the Council of State
a) acquire or dispose of a property;
b) acquire, modify, or grant a right of superficies;
c) burden one of its properties with an easement or a real burden, unless this operation is carried out in favor of a federal, cantonal, or municipal public service, or of companies that depend on it (establishment of gas, water, electricity pipelines, sewers, telephone lines, etc.).
2. Any promise of a real estate transaction concluded by the Municipal Council must be subject to the approval of the General Council and the Council of State.
The Council of State may require a public auction.
1. A municipality cannot, without the authorization of the Council of State, grant or exercise a right of purchase or preemption on a property belonging to it or to a third party.
2. Municipalities must include in the preemption agreements they enter into for their benefit, and subsequently register in the land registry, a sufficiently long period to allow them to exercise their right after having timely obtained the authorization of the Council of State; for this purpose, preemption agreements must be drafted in authentic form.
3. When a right of redemption is provided for in a contract involving the acquisition or disposal of a property, it must be mentioned in the general council's decree relating to this contract.
1. Transfers of real estate or real property rights between different funds owned by a municipality are subject to the authorization of the Council of State.
2. The registration change in the land registry is carried out free of charge, upon presentation of the decree of the Council of State, without the need for a notarized deed.
3. The provisions of this article apply by analogy in the case of a transfer of a property from the public domain of the municipality to its private domain or vice versa.
[44] When a real estate transaction cannot be specified in the approval decree of the State Council, the department shall subsequently, upon request from the Municipal Council, be responsible for authorizing the notary to execute the deeds.
Art. 58 [45]
Art. 60 [46]
[47] Municipal accounts are presented in accordance with the accounting plan and regulations issued by the Council of State.
[49] 1 Repealed.
2. Reserved are the specific provisions arising from international or intercantonal agreements binding the canton and the contracting authorities depending on it.
[50]
[51] No contract of the municipality shall be awarded, regardless of the applicable procedure, to a member of the Municipal Council.
[52]
[53] The depreciation carried out by the municipalities is determined according to cantonal legislation and the implementing regulations enacted by the Council of State.
[54] 1. Under the name of an inter-municipal syndicate, two or more municipalities may join forces to jointly assume specific tasks.
2. These tasks may be municipal or regional; however, they cannot concern tasks allocated to the State.
3. Special laws may mandate compulsory membership in a syndicate.
[55] **1. Regional Syndicate**
A regional syndicate refers to an inter-municipal syndicate in which certain tasks, referred to as principal tasks, are jointly undertaken by all member municipalities, while other tasks, referred to as secondary tasks, are carried out by only some of them.
2. Member municipalities are financially responsible only for the tasks to which they have formally agreed to contribute.
[56] The union is governed by its general regulations, other regulations established by its bodies, the provisions of this title, and, subsidiarily, the provisions of this law that are applicable by analogy.
1. The union acquires legal personality under public law as soon as it is endowed with an enforceable general regulation.
2. The general regulation becomes enforceable only when it has been sanctioned by the Council of State.
[57] 1 The general regulation, subject to mandatory legal provisions, defines the functioning and competencies of the union's bodies and fairly establishes the rights and obligations of its members.
2. The Council of State may refuse to endorse an unfair provision or subsequently annul such a provision upon the complaint of a municipality.
3. The regulation necessarily contains the following provisions
a) a list of the member municipalities;
b) the name, purpose, and headquarters;
c) the rules on the establishment of the budget and accounts;
d) the mention of the bodies, their composition, the respective competencies of each, and the procedure related to their operation;
e) the participation of each member in the formation of capital, profits, and deficits;
f) the procedure for the admission and withdrawal of a member;
g) the liquidation procedure in the event of dissolution;
h) the potential alternates within the Intercommunal Council.
4. For regional unions, it additionally necessarily includes the list of member municipalities that jointly assume only secondary tasks.
**[58] 1 The municipality that wishes to become a member of the association must have the general regulation adopted by the General Council.**
2. The other conditions for joining the association are stated in its general regulation.
3. The same rules apply to joining a regional association. However, if the municipality only participates in one or more secondary tasks, the decision of the General Council adopting the general regulation expressly specifies this.
[59] 1 The general regulation may be amended by a decision of two-thirds of the members present of the Intercommunal Council.
2. However, altering the purpose of the union also requires the approval of the General Council of each member municipality.
3. In the Regional Council, and for amendments related to secondary tasks, the required majority is calculated based on the representatives present from the concerned municipalities.
[60] 1 Every union must have at least
b) a committee or, if it is a school union, a school committee.
2. In the regional union, the Intercommunal Council and the committee are referred to as the Regional Council and regional committee, respectively.
[61] 1 The Intermunicipal Council consists of representatives of the member municipalities, namely
a) a designated municipal councilor in charge, as appointed by the Municipal Council, in each of the member municipalities, if the general regulation does not reserve the role of member of the committee or school committee to the municipal councilors in charge designated by the Municipal Councils of the member municipalities.
b) possibly other persons chosen from among the municipal voters; the general regulation establishes their number and the nomination procedure.
2. Each representative has, if the general regulation of the union provides for it, a deputy designated or elected according to the same procedure.
1. Representatives on the Intercommunal Council are elected for four years and are immediately eligible for reelection.
2. Their term coincides with the municipal administrative period.
3. When a syndicate is formed during an administrative period, the term of the representatives on the Intercommunal Council ends with said period.
1 The Intercommunal Council functions in the same manner as a General Council.
2. It has, subject to the general regulation, powers similar to those of a General Council. In particular, it appoints the members of the committee; it adopts the budget and rules on the accounts; it deliberates and votes on the regulations necessary for the accomplishment of the tasks undertaken by the union.
[62] 1. Unless otherwise provided by law or general regulation, decisions are made by a simple majority of the members present in the Intercommunal Council.
2. In the Regional Council, and for decisions relating to secondary tasks, the required majority is calculated based on the representatives present from the concerned municipalities.
[63] Members of the Regional Council shall deliberate and vote only on matters pertaining to the tasks in which their municipality participates.
[64] The members of the committee are elected for a duration of four years by the Intercommunal Council from among the municipal voters. Article 74, paragraphs 2 and 3, apply by analogy.
2. The general regulation may reserve the function of committee member to the designated municipal councilors appointed by the Municipal Councils of the member municipalities.
1. The committee operates in the same manner as a municipal council.
2. Subject to the general regulations, it has powers similar to those of a municipal council. In particular, it represents the union in dealings with third parties; it appoints officers and employees; it ensures the execution of decisions and regulations.
[65] 1 The members of the school committee are elected for a term of four years by the Intercommunal Council from among the communal electors. Article 74, paragraphs 2 and 3, applies by analogy.
2. The general regulation may reserve the function of a school committee member to the designated municipal councilors assigned by the Municipal Councils of the member communes.
3. The general regulation sets the number of members of the school committee.
[66] The Powers of the School Committee are Determined by the Education Laws.
[67] Each inter-municipal or regional school union shall be equipped with one or more advisory school council(s) for the stages of compulsory education.
[68] 1 The number of members of the Intercommunal or Regional School Board and its composition are determined by the general regulation.
2. However, the Intercommunal or Regional School Board must at least include
e) a delegate representing the other professionals of the institution.
3. If there is a management of the institution, it is represented within the Intercommunal or Regional School Board by a delegate who replaces the delegate representing the other professionals of the institution.
[69] 1 The members of the intermunicipal or regional School Governing Board shall be appointed
a) by the Municipal Councils for their delegates;
b) by the General Councils for their delegates;
c) by the parents of students attending the institution for the parents' delegate;
d) by the teaching staff of the institution for their delegate;
e) if applicable, by the school committee or the regional school committee for the delegate of other professionals of the institution;
f) if applicable, by the management of the institution for their delegate.
2. The method of appointment for the other members of the intermunicipal or regional School Governing Board is determined by the general regulations.
[70] 1 The general regulation establishes the rules regarding the appointment of the president of the intercommunal or regional school board.
2. In all other matters, the intercommunal or regional school board organizes itself.
[71] 1 The powers of the Intermunicipal or Regional School Governing Council are notably as follows
a) support the school committee or the regional school committee in its management of the institution;
b) provide preliminary opinions on the internal regulations of the institution;
c) support the professionals of the institution, particularly in tasks related to prevention, education, school projects, and sports and cultural activities;
d) establish the necessary connections between all school stakeholders and the general public;
e) address the needs of users concerning the handling of extracurricular activities;
f) propose measures regarding, in particular, school canteens, supervised homework, and all-day school schedules.
2. The Intermunicipal or Regional School Governing Council may be consulted by the school committee or the regional school committee on all other issues related to the school cycles under its jurisdiction.
[72] 1 The members of the regional committee are elected for the performance of specific terms of office.
2. They deliberate and vote only on matters pertaining to the tasks for which they were elected.
[73] 1. The decisions of the union are enforceable without the approval of the member municipalities.
2. However, decisions related to the granting of credits must be approved by two-thirds of the members present of the Intercommunal Council.
3. In the Regional Councils, and for credits related to secondary tasks, the required majority is calculated based on the representatives present from the concerned municipalities.
4. The decisions of the Intercommunal Council are subject to the sanction of the Council of State in the cases and under the conditions established by law for the decisions of the General Council.
The intermunicipal association does not have the right to levy taxes. However, it can collect fees for services it provides.
[74] 1. The syndicate maintains independent accounting in accordance with municipal accounting rules.
2. The budget and the accounts are adopted by the Intercommunal Council, then submitted for approval to the department.
3. Upon adoption, the budget and the accounts are communicated to the member municipalities of the syndicate to allow them to incorporate the results into their own accounts within the time limits allocated to them.
[75]
A municipality retains the right to withdraw from the syndicate at any time, provided that prior notice is given. However, the general regulations may restrict this right for a certain period and under specific conditions.
1. Dissolution of the union takes place in accordance with the general regulations.
2. Liquidation is carried out by the union's bodies. The municipalities are jointly liable for any debts the union is unable to pay.
[76] 1 The syndicates, which also include municipalities from other cantons, are generally subject to the legislation and jurisdiction of the canton in which the most significant part of their activity takes place.
2. Furthermore, the Council of State establishes the legal status of inter-cantonal syndicates with neighboring cantons.
The funds of the nationals are abolished and their properties are consolidated with those of the municipality. Their revenues no longer have a special allocation, but are treated like other communal revenues.
The Supervisory Boards of the Nationals' Funds are abolished.
Funds with a specific purpose, originating notably from donations and bequests, that can no longer be used for the intended objective in accordance with testamentary provisions, shall be incorporated into the municipality's balance sheet.
The reserve and emergency fund of the municipalities is abolished.
Communes that, at the time of the entry into force of this law, do not have an elective General Council shall retain their general assembly until the end of the current administrative period.
Intercommunal institutions already in existence, whose characteristics resemble intercommunal syndicates governed by Articles 66 and following of this law, must be adapted to comply with this law within five years from its effective date.
All provisions contrary to the present law are hereby repealed, notably
a) the law on municipalities, dated March 5, 1888, and its subsequent modifications;
b) subject to Article 89 of the present law, Articles 104, 112, 148, and 149 of the law on the exercise of political rights, dated November 21, 1944 [77].
Articles 107, 108, and 146 of the Law on the Exercise of Political Rights, dated November 21, 1944 [78], are repealed and replaced by the following provisions [79].
The Council of State is entrusted with the responsibility, if necessary, after the formalities of the referendum, to enact and execute the present law and will set the date of its entry into force.
Law promulgated by the Council of State on March 26, 1965, and entered into force on May 1, 1965.
Transitional Provisions to the Legislative Amendment of June 25, 2008 [80]
1. School boards may remain in office until the end of the 2008-2009 school year with their current composition and powers.
2. They shall be automatically dissolved by the end of the 2008-2009 school year at the latest.
3. School governing councils may be appointed following the renewal of municipal authorities in 2008.
4. They must, in any case, be appointed at the beginning of the 2009-2010 school year.
5. They assume office as soon as they are constituted.
Transitional Provision to the Legislative Amendment of February 21, 2017 [81]
The amendments of February 21, 2017, apply for the first time to the general election of the Grand Council in 2021.
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Municipalities Act