Act on the Organization of the Executive Council and the Administration (Executive Council Act) (Regierungsratsgesetz) - Position

1. The Executive Council is the highest leading, planning, and executive authority of the canton.

1. The Government Council exercises its constitutional and statutory powers by, in particular

1. monitoring, assessing, and timely ordering appropriate measures for developments of significance to the canton and the region;

2. directing, planning, and coordinating state activities in essential areas;

3. determining the objectives of its government policy and ensuring that they are achieved in a targeted, lawful, effective, and service-oriented manner;

4. periodically reviewing the mandate for services of the canton;

5. determining the organization of the state administration, insofar as it is not prescribed by legislation;

6. representing the canton internally and externally.

2. Government activity takes precedence over all other tasks of the Government Council.

3. The Government Council presents the strategies of its governmental activity to the Landrat in a government program and regularly informs on the status of implementation in a report of accountability.

1. The Executive Council manages the administration. It allocates the departments to its members.

2. It determines an appropriate organization and ensures lawful, citizen-oriented, and effective administrative activity.

3. It conducts regular oversight of the cantonal administration and submits an annual report to the Cantonal Parliament on the activities of the administration.

1. The Government Council, subject to the parliamentary right of initiative, directs the preliminary procedure of legislation and submits drafts of constitutional amendments, legislative acts, and resolutions to the Cantonal Parliament.

2. It issues implementing decrees within the framework of the constitution and legislation.

3. It decides on the initiation of a consultation procedure. The responsible directorate is in charge of its implementation.

4. It designates the authorities and organizations to be consulted in each consultation procedure; the directorates may determine who else in their field of expertise should be consulted.

1. The Executive Council ensures the execution of decrees and other resolutions.

2. It exercises administrative justice, insofar as it is delegated to it by legislation.

1. The Government Council regularly informs about its activities and the work of the administration.

2. The Government Council issues an implementing ordinance concerning the information of the public by the Government Council and the administration.

1. The Constitutional Term of Office of the Government Council Commences on July 1 Following the General Election.

1. The powers of the Executive Council are governed by Article 65 and the following articles of the Cantonal Constitution, as well as by the provisions contained in the remaining legislation.

2. The Executive Council elects, subject to the jurisdiction of the Cantonal Parliament, the heads of offices and determines, in an implementing ordinance, the election and appointment powers of the directorates.

1. The Government Council makes its decisions as a collegial body.

1. The Executive Council shall convene as often as business requires.

2. Each member of the Executive Council may demand the convening of a meeting at any time.

1. The Landammann chairs the deliberations of the Government Council.

2. In addition to the members of the Government Council, the State Secretary participates in the deliberations with an advisory vote and has the right to submit proposals concerning the affairs of the State Chancellery.

1. The Executive Council is capable of making decisions when at least four members are present.

1. Members of the government council are obliged to cast their vote. Voting is conducted openly.

2. A resolution is validly passed if the majority, but at least three members, have consented. In the event of a tie vote, the Landammann's vote counts double.

3. The decision-making in extraordinary situations is governed by emergency legislation.

1. The provisions of Article 22 of the Public Authorities Act apply to recusal.

2. Participation in a body of a legal entity by virtue of office does not constitute a reason for recusal.

3. If the Governing Council is required to make a selection among its members, they are not subject to any restrictions in voting.

1. The deliberations of the government council as well as the co-reporting procedure according to Art. 34 are not public. Information is governed by Art. 6.

1. The Executive Council may form committees.

2. These committees prepare the deliberations and decisions of the Executive Council or conduct negotiations with other authorities or with private parties on behalf of the collegium.

1. The Landammann represents the government council externally, unless this task is assigned to the college or delegated to individual members.

1. The Landammann leads the Executive Council.

2. The Landammann shall

1. ensure that the Executive Council undertakes and completes its tasks in a timely, appropriate, and coordinated manner;

2. prepare the deliberations of the Executive Council and mediate in disputes;

3. oversee that the supervision of the Cantonal Administration by the Executive Council is appropriately organized and exercised;

4. order investigations into specific matters at any time and, if necessary, propose suitable measures to the Executive Council;

5. exercise general supervision over the State Chancellery.

1. The Deputy Governor supports and assists the Governor in all functions and assumes the role of deputy in the event of their incapacity.

2. If both the Governor and the Deputy Governor are unable to perform their duties, the next member in line according to Article 25 will assume the responsibilities of the Governor.

1. In urgent cases, the Landammann orders provisional measures.

2. If convening a meeting or conducting an extraordinary procedure is not possible, the Landammann decides by presidential decree. This decree must subsequently be submitted to the government council for approval without delay.

3. In appellate proceedings, the provisions of the administrative judicial law apply.

1. The official duties of the members of the Government Council must reach at least 80 percent of a full-time workload in the sense of a primary position.

2. The members of the Government Council may engage in professional employment, subject to Article 22.

1. Incompatibilities with the Government Office are

1. Activities that lead to excessive hindrances and demands on time;

2. Leading or operational roles in a public or mixed-economy enterprise;

3. Assuming mandates against the Canton as well as representing parties in administrative law or administrative court proceedings in the Canton of Nidwalden.

2. If there are disagreements regarding whether an activity is compatible with the primary office of a Government Council member, the Government Council decides on the matter, excluding the member concerned from the deliberation and decision-making process.

3. Furthermore, Article 5 of the Authorities Act applies to the incompatibility of members of the Government Council.

1. Members of the Government Council disclose all affiliations and professional activities before assuming office in a register maintained annually by the State Chancellery.

2. This register is public and contains, subject to professional secrecy, information on employment, management and advisory roles, and mandates for private, mixed-economy, and public corporations, institutions, foundations, associations, interest groups, and similar entities.

1. Members of the Government Council must disclose any specific conflict of interest when they comment on a matter that directly affects their interests or the interests of third parties with whom they have a significant personal or legal relationship. The requirement to recuse oneself remains reserved.

1. The order of precedence of the members of the government council is determined by the date of their initial election. For members elected simultaneously, the order is determined by age.

1. The entire cantonal administration comprises the following seven departments as well as the State Chancellery

1. Department of Finance;

2. Department of Construction;

3. Department of Justice and Security;

4. Department of Education;

5. Department of Agriculture and Environment;

6. Department of Health and Social Affairs;

7. Department of Economic Affairs.

2. The departments are divided into offices and divisions. The government council determines the structure and the appropriate organization of the administration in the execution ordinance and adapts them to the circumstances.

3. In the allocation, it considers the criteria of balanced workload, appropriate and effective organization, and the personal abilities and inclinations of the individual members.

1. The government council assigns the departments to its members.

2. Each member is obliged to assume the department assigned to them by majority decision.

3. The allocation takes place at the beginning of each term of office and after the conduct of a replacement election.

1. The Executive Council shall designate a deputy directorate; in special cases, it may designate an extraordinary deputy.

1. The Competent Directorate

1. makes the appointments to which it is entitled;

2. issues orders and decisions in administrative proceedings within the scope of its competence according to the legislation;

3. represents the Executive Council in administrative proceedings and in procedures of administrative legal protection.

1. The State Chancellery fulfills its assigned staff roles as the general staff office for the Council of Ministers and the Cantonal Parliament, as well as tasks in the areas of political planning, political rights, official publication of decrees, public information, and archiving.

2. The State Chancellery is led by the State Secretary.

1. The directorates and other administrative units shall be organized and managed according to the principles of lawful, appropriate, rational, and efficient administration.

2. The government council may issue performance mandates for specific organizational units and determine the necessary degree of autonomy for them.

1. The Head of the Directorates and the remaining administrative units shall particularly undertake the following leadership tasks

1. Planning the activities of their administrative unit and regularly setting objectives while taking into account the established financial framework;

2. Ensuring information flow and coordination within the administrative unit;

3. Personnel management, staff training, and succession planning;

4. External relations;

5. Regularly reviewing the structural and functional organization of their administrative unit.

1. The directorates and other administrative units are obligated to collaborate and coordinate while carrying out their activities.

2. The executive council may establish special working groups, commissions, conferences, or project organizations for the handling of important matters requiring coordination, which may include external experts.

3. If a matter falls within the jurisdiction of multiple directorates, the relevant administrative units ensure mutual information sharing and coordination of their work. The executive council designates the lead directorate.

1. If multiple directorates are involved or interested in a transaction, the directorate with primary responsibility shall conduct a joint reporting procedure.

2. The Finance Directorate shall comment on all transactions that involve significant revenues or expenditures not included in the budget estimate.

1. The procurement of expert opinions and the commissioning of the preparation of plans and similar matters is only permissible with the approval of the Government Council.

1. The Competencies of the Directorates and their Leadership are governed by legislation as well as the content of specific resolutions of the District Council.

2. The Executive Council regulates the signing authority in an implementation ordinance.

1. The Executive Council may, within the scope of the legislation and its own financial authority, regulate by decree under what circumstances the directorate can independently incur expenses.

1. Disputed competence issues between the directorates are decided by the government council within the framework of the legislation.

2. Disputed competence issues within the departments of a directorate are decided by the directorate's leadership.

1. The Executive Council shall regulate the assignment of individual subject areas to the directorates, the rules of procedure of the Executive Council, as well as the organization of the directorates and the State Chancellery in an implementing ordinance.

1. This Act is subject to an optional referendum; it shall be published in the Official Gazette.

2. It shall enter into force on July 1, 1998, and shall be included in the collection of laws.

3. All provisions that are in conflict with this Act are repealed, particularly the Ordinance of June 24, 1992, on the Organization and Operation of the Government Council and the Cantonal Administration (Government Council Ordinance), as well as the Ordinance of December 9, 1992, on the State Chancellery (Chancellery Ordinance).