Legislator · Canton of Solothurn — Cantonal Legislation
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Constitution of the Canton of Solothurn (KV) - The Canton as a Member of the Confederation (KV)

150 Articles / Provisions · Canton of Solothurn — Cantonal Legislation
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Table of Provisions (150)

Art. 1 KV - The Canton as a Member of the Confederation Art. 2 KV - Relationship with Other Cantons Art. 3 KV - Relationship with the Municipalities Art. 4 KV - Democratic Constitutional Order Art. 5 KV - Obligation to the Constitution and Law Art. 6 KV Art. 7 KV - Equality Before the Law Art. 8 KV - Personal Freedom and Protection of Privacy Art. 9 KV Art. 10 KV - Freedom of Belief, Conscience, and Worship Art. 11 KV - Freedom of Expression and Information Art. 12 KV - Freedom of the Media Art. 13 CC Art. 14 KV - Freedom of Science and Art Art. 15 KV - Freedom of Establishment Art. 16 KV - Guarantee of Ownership Art. 17 KV - Economic Freedom Art. 18 KV Art. 19 KV - Guarantees in Case of Deprivation of Liberty Art. 20 KV - Realization of Fundamental Rights Art. 21 Constitution Art. 22 KV Art. 23 KV Art. 24 Commercial Code Art. 25 KV Art. 26 KV Art. 27 KV - Jurisdiction Art. 28 KV Art. 29 KV - Content and Form of the Initiative Art. 30 KV - Submission Art. 31 KV - Admissibility Art. 32 KV Treatment Art. 33 KV - Multiple Voting Art. 33a KV - Global Budget Initiative Art. 34 KV Art. 35 KV - Mandatory Referendums Art. 36 KV - Optional Referendums Art. 37 KV - Exceptions to the Optional Referendum Art. 38 KV - Parties Art. 39 KV - Consultations Art. 40 KV Art. 41 KV Art. 42 KV - Main Location Art. 43 KV - Offices, Districts, Electoral Districts Art. 44 KV - Office and District Authorities Art. 45 KV - Position and Autonomy of Municipalities Art. 46 KV - Municipal Taxes Art. 47 CC Art. 48 KV Art. 49 KV - Membership, Territorial Sovereignty Art. 50 KV - Tasks Art. 51 KV - Membership Art. 52 KV Art. 53 KV - Principle Art. 54 KV - Organization Art. 55 KV Art. 56 KV - Synods Art. 57 KV - Relationship with the Canton Art. 58 KV - Separation of Powers Art. 59 KV - Eligibility Art. 60 KV - Office Appointments Art. 61 KV Art. 62 KV - Oath of Office Art. 63 KV - Public Access Art. 64 KV Art. 65 CC Art. 66 KV - Position Art. 67 KV Art. 68 KV Art. 69 KV - Organization and Procedure Art. 70 KV - Relationship with the Government Council Art. 70bis KV - Participation of the President of the Higher Court Art. 71 KV Art. 72 KV - Treaties and Concordats Art. 73 KV - Political Planning Art. 74 KV Art. 75 KV Art. 76 KV Art. 77 KV - Position Art. 78 KV - Governmental Duties Art. 79 KV - Legislation Art. 80 KV Art. 81 KV - Management of the Administration Art. 82 KV Art. 83 KV - State Chancellery Art. 84 CC Art. 85 KV Art. 86 KV - Organization and Procedure Art. 87 Constitution Art. 88 KV Art. 89 CC - Civil Jurisdiction Art. 90 KV - Criminal Jurisdiction Art. 91 KV - Administrative Jurisdiction Art. 91bis KV - Judicial Administration Art. 92 KV - Order and Security Art. 93 KV Art. 94 KV - Realization of Social Objectives Art. 95 KV - Social Assistance Art. 96 KV Art. 97 KV Art. 98 KV - Legal Advice Art. 99 KV Art. 100 KV - Healthcare Art. 101 KV Art. 102 KV - Culture Art. 103 KV - Media Art. 104 KV - Principles of the Education System Art. 105 KV - Public Schools Art. 106 KV Art. 107 KV - Cooperation with Other Cantons and Corporations Art. 108 KV Art. 109 KV Art. 110 KV - Educational Contributions Art. 112 KV - Civic Education Art. 113 KV - Leisure Activities Art. 114 KV - Environmental Protection Art. 115 KV - Nature and Heritage Protection Art. 116 KV - Water Supply Art. 117 KV - Energy Supply Art. 118 KV - Spatial Planning Art. 119 KV - Construction Industry Art. 120 KV - Transportation Art. 121 KV - Goals of Cantonal Economic Policy Art. 122 KV - Agriculture Art. 123 KV - Forest Management Art. 124 KV - Crisis Preparedness Art. 125 KV - Public Property Art. 126 KV - Royalties Art. 128 KV - Economic Police Regulations Art. 129 KV Art. 130 KV Art. 131 KV - Procurement of Resources Art. 132 KV - Cantonal Taxes Art. 133 KV - Principles of Tax Collection Art. 134 KV - Tax Relief Art. 135 KV - States of Emergency Art. 136 KV - Financial Equalization Art. 137 KV Art. 138 KV - Partial Revision Art. 139 KV Art. 140 KV Art. 141 KV Art. 142 KV Art. 143 KV Art. 144 KV - Exercise of Popular Rights Art. 145 KV Art. 146 KV Art. 147 KV Art. 148 KV Art. 149 KV

Statutory Text (150 Provisions)

1. Principles - General

1. The Canton of Solothurn is an autonomous member state of the Swiss Confederation.

2. It actively participates in the formation of the Confederation and fulfills the duties assigned to it by the constitution and laws.

1. Principles - General

1. The Canton of Solothurn collaborates with the other cantons and advocates for joint solutions.

2. It sees itself as a mediator between the cultural communities of Switzerland.

1. Principles - General

1. The Canton recognizes the autonomy of the municipalities.

2. Legislation grants them a wide margin of discretion.

1. Principles - General

1. The state authority is based on the entirety of the people. It is exercised by the eligible voters and the authorities.

1. Principles - General

1. Any person who performs public duties is bound by the constitution and the law. They act exclusively in the public interest and respect the principles of legal equality and proportionality in all areas.

2. State organs and private individuals conduct themselves with each other according to good faith.

**Principles - Fundamental Rights**

1. Human dignity is inviolable.

Principles - Fundamental Rights

1. All human beings are equal before the law.

**Principles - Fundamental Rights**

1. Personal freedom is inviolable. All individuals have the right to life, physical and mental integrity, and freedom of movement.

2. The private and confidential sphere, particularly protection against data misuse, the inviolability of domicile, as well as the secrecy of postal and telecommunications, are guaranteed.

3. In the case of illegal or unjustified severe restrictions of personal freedom, there is a right to compensation and satisfaction.

Principles - Fundamental Rights

1. The right to marry and to found a family is guaranteed.

**Principles - Fundamental Rights**

1. Freedom of faith and conscience as well as freedom of worship are inviolable.

Principles - Fundamental Rights

1. Everyone has the right to freely form their opinion and to express and disseminate it in word, writing, image, or in any other manner, as well as to freely receive the expression of opinion of others.

2. Everyone has the right to use publicly accessible sources of information.

3. Everyone has the right to access official documents. The law defines this right.

Principles - Fundamental Rights

1. The freedom of the media is guaranteed.

2. Censorship is prohibited.

Principles - Fundamental Rights

1. Everyone has the right to assemble with others and to form associations or to refrain from assemblies and associations.

2. Assemblies and demonstrations on public grounds may only be restricted or prohibited if there is a serious and immediate threat to public order and safety.

**Principles - Fundamental Rights**

1. Scientific teaching and research as well as artistic activities are free.

Principles - Fundamental Rights

1. The freedom of establishment is guaranteed.

**Principles - Fundamental Rights**

1. Property and other proprietary rights are protected.

2. In cases of expropriations and restrictions on property that are equivalent to expropriation, full compensation is to be provided.

Principles - Fundamental Rights

1. Free economic activity is guaranteed.

2. Everyone can freely choose their profession and workplace.

3. The canton does not take sides in lawful industrial actions between social partners.

**Principles - Fundamental Rights**

1. Everyone is entitled to legal protection.

2. The parties have the right to be heard by courts, authorities, and administrative bodies, and to receive a reasoned decision within a reasonable period.

3. In accordance with the law, legal proceedings for indigent parties before courts and other authorities are to be free of charge.

**Principles - Fundamental Rights**

1. Deprivation of liberty is permissible only in the cases and procedures specified by law.

2. Anyone deprived of their freedom of movement must be informed promptly and in a language they understand of the reasons for the measure.

3. Affected individuals must be brought promptly before a legally designated, independent court, which decides on the order of pre-trial or security detention.

**Principles - Fundamental Rights**

1. Fundamental rights must be recognized throughout the entire legal system.

2. Anyone exercising fundamental rights must respect the fundamental rights of others.

3. Insofar as they are by their nature suitable for this purpose, fundamental rights oblige private individuals to each other.

**Principles - Fundamental Rights**

**1. Fundamental rights may only be restricted when and to the extent that an overriding public interest justifies it. Their core is inviolable.**

**2. Restrictions of fundamental rights require a legal basis. Exceptions remain in cases of serious, immediate, and obvious danger.**

**3. Fundamental rights of persons who are in a special dependency relationship with the canton may only be additionally restricted as far as the special public interest, which underlies this relationship, requires it.**

Principles - Social Objectives

1. In addition to private initiative and responsibility, the Canton, through legislation, aims to ensure that within the scope of its jurisdiction and available resources

a) individuals who require assistance due to age, health, or economic or social circumstances receive the means necessary for their existence;

b) families are supported and promoted in fulfilling their duties;

c) everyone can receive education and further education according to their abilities and inclinations and participate in cultural life;

d) everyone can earn a living through work under reasonable conditions and is protected against the consequences of unemployment;

e) everyone can find adequate housing under affordable conditions.

Principles - Personal Obligations

1. Everyone must fulfill the obligations imposed on them by the legal system.

**People's Rights - Citizenship**

1. Acquisition and loss of cantonal and municipal citizenship are regulated by law.

2. Naturalization must not be rendered disproportionately difficult.

**Peoples' Rights - Voting and Election Rights**

1. The right to vote and elect is granted to all residents of the canton with Swiss citizenship who are over the age of 18.

2. It is exercised at the place of residence.

3. The law regulates the exclusion from the right to vote and elect.

People's Rights - Right to Petition

1. Everyone has the right to submit petitions and requests to the authorities. The competent authority is obliged to provide a reasoned response within a reasonable period, but no later than one year.

**People's Rights - People's Elections and Recall**

1. The People Elect

a) as Federal Bodies

1. the members of the National Council;

2. the members of the Council of States;

b) as Cantonal Bodies

1. the members of the Cantonal Council;

2. the members of the Government Council;

c) as District or County Bodies

1.* the Presidents of the District Courts;

2.* ...

3. the District Judges and their Deputies;

4.* ...

5.* ...

e) as Municipal Bodies

1. the members of the Municipal Council;

2.* the Municipal President.

**People's Rights - People's Elections and Recall**

1. The people may dismiss the Cantonal Council or the Government Council at any time.

2. A popular vote on the dismissal of the Cantonal Council or the Government Council takes place if a petition for such a request gathers 6,000 signatures within six months. The popular vote must be conducted no later than two months after the submission of the signatures.

3. If the people approve the dismissal request, new elections shall be held within four months.

Popular Rights - Popular Initiative (Initiative and People's Mandate)

1. The people have the right to submit initiatives requesting

a) A total or partial revision of the Constitution;

b) The enactment, repeal, or amendment of a law;

c) The issuance of a decree by the Cantonal Council; initiatives regarding decisions under Article 37 are not permissible, except for the global budget initiative under Article 33a;

d) The submission of a cantonal initiative.

2. A request for the total revision of the Constitution may not contain either guidelines or a draft.

3. Other initiatives can be submitted as a suggestion or a fully developed proposal, with the global budget initiative only as a suggestion. They must relate to a unified subject matter and contain a withdrawal clause.

Popular Rights - Popular Initiative (Initiative and People's Mandate)

1. A detailed draft must be expressly designated as a constitutional or legislative initiative.

2. All initiatives must be submitted to the State Chancellery for preliminary examination before the start of signature collection; their opinion is not binding on the initiators.

3. An initiative is deemed to have come into effect if it is supported by 3,000 eligible voters or ten municipal communities within 18 months of the official publication of the initiative text. For global budget initiatives, Article 33a applies.

Popular Rights - Popular Initiative (Initiative and People's Mandate)

1. The Cantonal Council declares a popular initiative invalid if it violates the formal requirements, is evidently unlawful, or impracticable.

Popular Rights - Popular Initiative (Initiative and People's Mandate)

1. An initiative in the form of a fully drafted proposal shall be submitted to the people for a vote without any changes. The Cantonal Council shall request the people to accept or reject the proposal. It may also present an alternative proposal alongside the initiative. The public vote shall take place no later than two years after the submission.

2. An initiative in the form of a suggestion shall be submitted to the people for a vote within one year if the Cantonal Council does not agree with it. If the Cantonal Council or the people agree, the Cantonal Council shall enact legislation corresponding to the request within two years following acceptance. This legislation shall be presented to the people for a decision along with any potential alternative proposals. Article 33a applies to global budget initiatives.

Popular Rights - Popular Initiative (Initiative and People's Mandate)

1. In cases of multiple voting, the eligible voters should be able to approve both the initiative and the counter-proposal or reject both.

2. If the people approve both proposals, the one that receives more votes in the simultaneous contingent vote is adopted.

Popular Rights - Popular Initiative (Initiative and People's Mandate)

1. 3,000 eligible voters can demand a specific design of a future multi-year global budget. The request must be submitted no later than two years before the expiration of the preceding multi-year global budget. The collection period ends 90 days after the official publication of the initiative text.

2. Up to 12 months before the expiration of the global budget, the cantonal parliament adopts a proposal that aligns with the aim of the request. The proposal must be submitted to the public for decision, together with any possible counter-proposal, no later than 6 months before the expiration of the global budget period. The proposal may be linked to a change in the tax rate in order to finance the request.

Popular Rights - Popular Initiative (Initiative and People's Mandate)

1. 100 eligible voters have the right to submit a written request to the Cantonal Council regarding issues of political planning and legislation or other topics that may be the subject of an assignment by the Cantonal Council to the Government Council.

2. The law shall determine the details.

**People's Rights - Referendum**

1. The following are subject to mandatory referendums

a) Constitutional amendments;

b) Resolutions of the Cantonal Council and initiatives for a total revision of the constitution;

c) * State treaties and concordats with content amending the constitution as well as those that result in expenditures according to letter e;

d) * Laws, state treaties, and concordats with essential legal content that the Cantonal Council decides with less than two-thirds of the members present;

e) * Resolutions of the Cantonal Council concerning new one-time expenditures exceeding 5 million francs or annually recurring expenditures exceeding 500,000 francs;

f) Constitutional and legislative initiatives in the form of drafted proposals and counter-proposals thereto;

g) Initiatives in the form of suggestions that the Cantonal Council does not wish to follow;

h) Cantonal initiatives pursuant to Article 29 paragraph 1 letter d and initiatives for the issuance of a cantonal council resolution, should the Cantonal Council not approve them;

i) Initiatives for the recall of the Cantonal Council or the Executive Council;

k) Resolutions that the Cantonal Council itself submits to a referendum;

l) Further resolutions that the legislation mandates be subject to a referendum.

2. When submitting a law or resolution, the Cantonal Council may also decide to hold a vote on individual provisions, with or without variants, in addition to voting on the whole.

**People's Rights - Referendum**

1. Upon the request of 1500 eligible voters or five municipal communities, the following shall be submitted to a popular vote

a) Resolutions of the Cantonal Council concerning new one-time expenditures exceeding one million Swiss francs or annually recurring expenditures exceeding 100,000 Swiss francs;

b) * all other laws, state treaties, concordats, as well as Cantonal Council resolutions which are not subject to mandatory popular voting; subject to Article 37.

2. The popular vote shall take place if the request is submitted within 90 days following the official publication of the Cantonal Council's resolution.

**People's Rights - Referendum**

1. The following decisions of the Cantonal Council are exempt from the optional referendum

a) Decisions regarding the admissibility of popular initiatives pursuant to Art. 31;

b)* Decisions regarding popular mandates pursuant to Art. 34;

bbis)* Planning decisions pursuant to Art. 73;

c)* Decisions pursuant to Art. 74;

d) Election decisions pursuant to Art. 75;

e) Decisions pursuant to Art. 76 paragraph 1.

2. The law on the exercise of popular rights may provide for further exceptions for Cantonal Council decisions of subordinate importance.

**People's Rights - Participation in Opinion Formation**

1. The canton and municipalities recognize the functions of political parties.

2. They may support their activities.

**People's Rights - Participation in Opinion Formation**

1. Prior to the enactment of constitutional and legislative provisions and in the case of other projects of general significance, a consultation may be conducted.

2. The consultations must be officially announced. The right to review is granted to everyone.

3. The statements are publicly accessible.

Popular Rights - Safeguarding Popular Rights

1. The authority to issue fundamental and significant provisions may not be delegated by the legislature to other bodies.

2. By law, the Cantonal Council or, in exceptional cases, the Government Council may be authorized to make final decisions on expenditures. The maximum amount for financial delegation for new one-time expenditures must be specified in the law.

Structure of the Canton - Cantonal Territory and Capital

1. The canton comprises the territory delineated by historically established boundaries and guaranteed by the Swiss Confederation.

2. Any changes in the extent of the canton’s territory require a popular vote.

3. Border adjustments require the approval of the Council of State.

Structure of the Canton - Cantonal Territory and Capital

1. The capital of the canton is Solothurn.

2. The Cantonal Council, the Government Council, and the highest cantonal courts are located in Solothurn.

Structure of the Canton - Offices, Districts, Electoral Constituencies

1. The canton territory is divided into five administrative districts; each district is divided into two sectors

a) Solothurn-Lebern;

b) Bucheggberg-Wasseramt;

c) Thal-Gäu;

d) Olten-Gösgen;

e) Dorneck-Thierstein.

2. The division into administrative districts forms the basis for the decentralization of administration and judiciary. Article 44, paragraph 1, remains reserved.

3. The administrative districts serve as the electoral constituencies for the Cantonal Council elections.

Structure of the Canton - Offices, Districts, Electoral Constituencies

1. Authorities are the upper offices, the administrative offices, and the courts of the district. The law may determine that a single upper office and administrative office may be maintained for the districts of Solothurn-Lebern and Bucheggberg-Wasseramt.

2. The law regulates their jurisdiction and organization.

Structure of the Canton - Municipalities and Public-law Associations

1. The municipal, civic, and church communities are autonomous bodies of public law.

2. The right of the communities to independently regulate their affairs is guaranteed within the framework of the constitution and the law. They determine their organization, elect their authorities, officials, and employees, and fulfill their tasks independently.

3. Any transfer of new responsibilities to the communities requires a legal basis.

Structure of the Canton - Municipalities and Public-law Associations

1. The municipal communities levy taxes on the income and assets of natural persons as well as on the net profit and capital of legal entities based on the state tax assessment.

2. The municipal communities may impose further charges, as far as the law permits.

3. The citizen and church communities may levy taxes on the income and assets of natural persons, as well as personal taxes.

Structure of the Canton - Municipalities and Public-law Associations

1. The formation, merger, dissolution, and changes in the composition and territory of the resident, citizen, and church municipalities require the consent of the involved municipalities and the Cantonal Council.

2. Boundary changes that do not result in a significant alteration of the municipality's territory may be carried out by resolution of the involved municipalities or, for important reasons, upon application by one of these municipalities by the Government Council. The decision may be appealed to the Cantonal Council by the involved municipalities.

Structure of the Canton - Municipalities and Public-law Associations

1. Municipalities may establish special-purpose associations or joint institutions to fulfill certain tasks, conclude contracts with municipalities within and outside of the canton, and participate in public, mixed-economy, and private enterprises.

2. The eligible voters of the participating municipalities have the right to participate; the law regulates the details.

3. If regional tasks can only be sensibly resolved jointly, the law may require municipalities to form or join special-purpose associations.

Structure of the Canton - Municipalities

1. The municipal residents' community comprises the municipal territory and the persons residing therein.

2. All persons present within the municipal territory are subject to the territorial sovereignty of the municipal residents' community.

Structure of the Canton - Municipalities

1. The municipalities fulfill local and regional tasks, insofar as other organizations are not responsible, and tasks that have been delegated to them by the canton.

Structure of the Canton - Citizen Communities

1. The Citizen Community includes all individuals entitled to residency rights in the municipality, regardless of their place of residence.

Outline of the Canton - Citizen Communities

1. The Citizen Municipality has the following tasks in particular

a) the granting of municipal citizenship;

b)* ...

c) the administration of its assets;

d) the natural management of its forests and common lands as well as their maintenance as recreational areas;

e) the promotion of cultural and social welfare in accordance with its means.

State and Church

1. The Roman Catholic, the Evangelical Reformed, and the Old Catholic Church are recognized as public law corporations.

2. The Cantonal Council may publicly recognize other religious communities that offer the assurance of permanence as public law entities.

State and Church

1. The publicly recognized religious communities organize themselves into parishes.

2. The parishes may unite to form synods.

State and Church

1. The church community comprises all members of a recognized religious community residing within its territory. The church communities fulfill the secular needs of their denomination and other tasks within the framework of internal church order.

2. Withdrawal from a recognized religious community can be declared at any time by written notification to the church council.

3. The church community may grant the right to vote and to stand for election to resident foreigners.

State and Church

1. The synods are responsible for the general affairs of their religious community and regulate the common concerns of the church communities.

2. Their statutes are subject to approval by the governing council.

State and Church

1. The parishes are subject to the supervision, the synods to the supreme oversight of the canton. The internal church self-determination is guaranteed.

2. The legislation as well as the applicable state treaties and concordats remain reserved.

Cantonal Authorities - General Provisions

1. **Cantonal Council, Executive Council and the Courts Perform Their Duties Separately**

The Cantonal Council, Executive Council, and the courts fundamentally perform their duties separately. None of these authorities may interfere with the respective sphere of influence of the others as determined by the constitution or law.

2. **Prohibition on Simultaneous Membership**

No one may simultaneously be a member of the Cantonal Council and the Executive Council, or a member of one of these authorities and the High Court.

3. **Ineligibility for Cantonal Council Membership**

Officials and employees of the cantonal administration, the courts, and cantonal institutions with administrative tasks, as well as the leading officials of other cantonal institutions, may not belong to the Cantonal Council.

4. **Further Ineligibility Criteria for Cantonal Council Membership**

In addition, part-time members and substitute members of cantonal courts that are directly supervised by the Cantonal Council may not belong to the Cantonal Council.

Cantonal Authorities - General Provisions

1. All individuals entitled to vote in the canton are eligible for election to the Cantonal Council, the Government Council, and the courts, unless the law requires additional qualifications.

2. The law regulates the eligibility of the other authority members and officials.

Cantonal Authorities - General Provisions

1. Public offices shall be filled by the most suitable individuals. Where possible, the various demographics of the population, particularly regions and political orientations, shall be appropriately taken into account.

Cantonal Authorities - General Provisions

1. The term of office for all officials and authorities of the canton and the municipalities is four years.

2. All elections are for a term of office or the remainder of the term of office.

Cantonal Authorities - General Provisions

1. The members of authorities and officials elected by the people or the cantonal council pledge, upon assuming office, to uphold the constitution and the law.

Cantonal Authorities - General Provisions

1. The deliberations of the Cantonal Council and the Government Council are public unless protected private or public interests oppose them.

2. The law regulates the right to inspect official records.

Cantonal Authorities - General Provisions

1. The canton, the municipalities, and other public task carriers are liable for the damages unlawfully inflicted upon third parties in the exercise of public duties.

2. The law further defines liability in additional cases. It regulates the responsibility of authorities, officials, and employees.

Cantonal Authorities - General Provisions

1. For statements made in the Cantonal Council and its committees, members of the Cantonal Council and the Government Council cannot be held legally responsible. However, the Cantonal Council may lift the immunity with the consent of two-thirds of the members present if it is evidently abused.

**Cantonal Authorities - The Cantonal Council**

1. The Cantonal Council is the legislative and highest supervisory authority of the canton. It consists of 100 members.

**Cantonal Authorities - The Cantonal Council**

1. The Cantonal Council is elected by proportional representation.

2. The allocation of seats to the electoral districts is determined by a decision of the Cantonal Council based on the latest cantonal population statistics updated as of the cut-off date. The decisive factor is the ratio of the population of the electoral districts to that of the canton.

**Cantonal Authorities - The Cantonal Council**

1. Members of the Cantonal Council exercise their mandate freely.

2. They must disclose their connections to enterprises and interest groups.

**Cantonal Authorities - The Cantonal Council**

1. The law regulates the basic principles of the organization of the Cantonal Council and its business dealings with the Executive Council and the highest cantonal courts.

**Cantonal Authorities - The Cantonal Council**

1. The Cantonal Council may issue mandates to the Government Council. Within its own jurisdiction, the Government Council may deviate from the mandate in justified cases.

2. The members of the Government Council participate in the sessions of the Cantonal Council; they have an advisory voice and may submit motions on matters under discussion.

**Cantonal Authorities - The Cantonal Council**

1. The President of the Higher Court attends the sessions of the Cantonal Council concerning the budget estimate, the accounts, and the judicial report; he has an advisory vote and can make motions.

**Cantonal Authorities - The Cantonal Council**

1. The Cantonal Council enacts all fundamental and important provisions in the form of law. It may participate in the preparation of legislation.

2. Subject to Paragraph 1, it issues the implementing provisions for federal laws and federal resolutions in the form of regulations. It may delegate this authority to the Government Council in individual cases.

3. The Cantonal Council may initiate a parliamentary initiative on the subject of an unfulfilled mandate or planning resolution. The law regulates the details.

**Cantonal Authorities - The Cantonal Council**

1. The Cantonal Council approves, subject to the people's rights, the treaties and concordats of the state, unless the Executive Council is authorized by law to finalize them.

2. The Cantonal Council may participate in the preparation of important treaties and concordats of the state that require its approval.

**Cantonal Authorities - The Cantonal Council**

1. The Cantonal Council addresses the legislative plan and the integrated task and financial plan, as well as other fundamental plans in individual areas of responsibility, and takes note of them.

2. Through the planning resolution, the Cantonal Council mandates the Government Council to develop a state task in a specific direction.

**Cantonal Authorities - The Cantonal Council**

1. The Cantonal Council

a) decides on new expenditures, subject to the jurisdiction of the populace according to Articles 35 and 36;

b)* periodically determines the structure and level of specificity of budgeting, decides on significant issues related to global budgets, and approves the preliminary budget;

c)* approves the business report.

2. The Cantonal Council links financial decisions with the services to be rendered in return. It ensures the effectiveness of all measures taken by the canton.

3. By law, the preliminary authorization of an expenditure that cannot be delayed may be delegated to the commission responsible for finances. The authorization must be submitted to the Cantonal Council for approval.

**Cantonal Authorities - The Cantonal Council**

1. The Cantonal Council elects

a)* ...

b) the judges and deputy judges of the courts, as far as their election is not assigned to the people by the constitution or law;

c)* the Chief Public Prosecutor and their deputy;

d)* the public prosecutors;

e)* the chief and the other juvenile attorneys;

f) the head of financial control.

2. The law may assign additional elections to the Cantonal Council. It specifies which positions must be advertised before the election.

**Cantonal Authorities - The Cantonal Council**

1. The Cantonal Council

a) exercises the overall supervision over all authorities and bodies that perform cantonal tasks;

b) may assign permanent advisory expert commissions to the departments;

c)* ...

d) exercises the right of amnesty and, insofar as it is not transferred to the Executive Council by law, the right of pardon;

e) decides on complaints and petitions within the scope of its competence;

f) resolves jurisdictional conflicts, unless a court is responsible;

g) exercises the participation rights granted to the cantons in the Federal Constitution (Art. 86, 89, 89bis, and 93 FC)[1];

h) may comment on the consultations that the Executive Council directs to the federal authorities.

2. Additional responsibilities may be granted to the Cantonal Council by law.

3. Legislation must transfer the granting of important concessions to the Cantonal Council.

Cantonal Authorities - Government Council and Administration

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

2. The Government Council consists of five members and performs its duties as a collegial body.

3. It elects from among its members the Landammann and their deputy for the duration of one year.

Cantonal Authorities - Executive Council and Administration

1. The Government Council determines, subject to the people's rights and the rights of the Cantonal Council, the important objectives and means of state action. It plans and coordinates state activities.

2. At the beginning of each term of office, it prepares a legislative plan and an integrated task and financial plan. At the end of the term, it reports to the Cantonal Council on the execution.

Cantonal Authorities - Executive Council and Administration

1. The Executive Council directs the preliminary proceedings of constitutional and legislative processes. The Cantonal Council may allow exceptions in individual cases.

2. The Executive Council issues ordinances based on and within the framework of laws, state treaties, and concordats.

3. Seventeen members of the Cantonal Council may lodge an objection against an ordinance or amendment to an ordinance decided by the Executive Council within 60 days. If the objection is confirmed by the majority of the present members of the Cantonal Council, the proposal is referred back to the Executive Council. The Cantonal Council Act regulates further procedures.

4. Furthermore, the Executive Council may issue ordinances to address actual or immediately threatening disturbances to public order and safety, as well as social emergencies. Such ordinances must be immediately approved by the Cantonal Council. They lapse at the latest one year after coming into force.

Cantonal Authorities - Government Council and Administration

1. The Executive Council may approve new one-time expenditures up to the amount of 250,000 Swiss Francs and annually recurring expenditures up to the amount of 50,000 Swiss Francs.

2. It may issue and renew bonds.

3. It controls the financial assets. Financial investments in private law enterprises are subject to the provisions on expenditure authority, unless they are solely for capital investment purposes.

Cantonal Authorities - Government Council and Administration

1. The government council determines the appropriate organization of the administration within the framework of the constitution and the law. It ensures a lawful and effective service to the public.

2. It decides on administrative complaints in accordance with the law. Article 88, paragraph 3 applies accordingly.

Cantonal Authorities - Executive Council and Administration

1. The Executive Council

a) maintains public order and safety;

b) represents the canton domestically and abroad;

c) concludes administrative agreements and, within the scope of its authority, state treaties and concordats;

d) provides opinions on proposals from federal authorities;

e) conducts elections, insofar as these are not assigned to other bodies;

f)* grants the right of canton citizenship.

2. Additional responsibilities may be conferred upon the Executive Council by law.

Cantonal Authorities - Executive Council and Administration

1. The State Chancellery is the staff office of the Government Council and ensures the connection to the Cantonal Council. It is led by the State Secretary.

Cantonal Authorities - Executive Council and Administration

1. The cantonal administration is divided into departments, which independently decide on administrative matters within their jurisdiction.

2. Each member of the government council heads one or more departments.

3. Any order issued by a department can be appealed to the administrative court, unless the law designates another authority as competent or authorizes the department to make a final decision on the appeal.

Cantonal Authorities - Government Council and Administration

1. According to the provisions of the law, the canton may

a) establish independent public law corporations, institutions, and foundations;

b) participate in mixed-economy enterprises to fulfill its tasks;

c) delegate administrative tasks to independent administrative units, inter-cantonal and inter-municipal organizations, mixed-economy enterprises, and, exceptionally, to private individuals or private law organizations.

2. Legal protection for citizens and the supervision by the government council must be ensured. The law provides for appropriate involvement of the cantonal council.

Cantonal Authorities - Government Council and Administration

1. The Law Governs

a) the foundation of the organization of the Government Council and the departments;

b) the principles of employment law;

c) the administrative procedure and administrative jurisdiction.

**Cantonal Authorities - The Courts**

1. Jurisdiction in civil, criminal, and administrative matters is exercised by the state courts and arbitration tribunals.

2. The law regulates organization, jurisdiction, and procedure.

### Cantonal Authorities - The Courts

1. The courts adjudicate independently; they are bound only by the law.

2. Proceedings are generally public.

3. To the extent that ordinances of the cantons and municipalities contradict federal law or superior cantonal law, they are not binding on the judge.

**Cantonal Authorities - The Courts**

1. Civil Jurisdiction is exercised by

a) the Justices of the Peace;

b) the Presidents of the District Courts;

c) the District Courts;

d)* ...

e) the Higher Court.

f)* additional courts and conciliation authorities as provided by law.

2. The adjudication of disputes by arbitration courts is permissible within the framework of the legislation.

**Cantonal Authorities - The Courts**

**1. Criminal Jurisdiction is exercised by**

a)* ...

b)* ...

c) the Juvenile Court Presidents;

d)* the Juvenile Court;

e) the District Court Presidents;

f) the District Courts;

g) the Superior Court;

h)* the Custodial Judge;

i)* ...

**2. Law enforcement authorities are the Public Prosecutor's Office, the Juvenile Prosecutor's Office, the Police, and the Justices of the Peace.**

**3. The law regulates the authority of the Chief Public Prosecutor, the Public Prosecutors, the Juvenile Prosecutors, the investigating officers, and the Justices of the Peace to issue penal orders, as well as the power of administrative authorities to impose penalties.**

**Cantonal Authorities - The Courts**

1. Administrative jurisdiction is exercised by

a) the Administrative Court;

b) the Insurance Court;

c) the Tax Court;

d) the Assessment Commission;

e)*

f) other specialized courts in accordance with the law.

**Cantonal Authorities - The Courts**

1. Judicial administration is the responsibility of the courts.

2. The President of the Supreme Court represents the courts in dealings with other authorities.

3. The law regulates the fundamental aspects of the organization and procedure of judicial administration.

State Responsibilities - Public Safety

1. The canton and municipal communities ensure public order and safety.

State Responsibilities - Public Safety

1. The canton and the municipal communities shall take measures to protect the population from disasters and acts of war.

2. For this purpose, the law may grant the Cantonal Council and the Executive Council powers for a limited period of time that deviate from the constitutional rules of competence.

State Responsibilities - Social Security

1. In addition to private initiative and responsibility, the canton implements the social objectives within the scope of its jurisdiction and available resources.

State Duties - Social Security

1. The canton and municipalities, in cooperation with public and private organizations, provide for individuals in need.

2. They may establish or support welfare and care facilities. They promote measures for self-help.

State Duties - Social Security

1. The canton and municipalities promote, in collaboration with private organizations, the welfare and integration of foreigners.

State Responsibilities - Social Security

1. The canton regulates by law the fundamental aspects of the rights and obligations

a) of detainees in pre-trial detention;

b) of persons in penal and corrective measure execution;

c) of persons admitted for welfare-related reasons.

State Responsibilities - Social Security

1. The canton may support the provision of free legal advice.

State Responsibilities - Social Security

1. The canton and municipalities can

a) grant contributions to premiums for social insurance;

b) supplement insurance benefits with subsidies;

c) administer social insurance themselves.

2. Health and accident insurance is mandatory.

3. Insurance of buildings against fire and natural damage is mandatory and the responsibility of the Solothurn Building Insurance. The canton may declare further property insurance as mandatory by law.

4. The Solothurn Building Insurance can be authorized by law to issue regulatory ordinances, provided the regulation is of a technical nature or subject to rapidly changing conditions. It establishes the premiums and contributions to be collected by it within the framework of the law. Article 79 paragraph 3 applies accordingly.

State Duties - Health

1. The canton regulates public health services. It establishes conditions for adequate and economically viable medical care.

2. Together with the municipalities, it promotes health prevention and welfare as well as home and nursing care.

3. The canton supervises the healthcare professions.

State Duties - Health

1. The canton operates hospitals and homes alone or with other entities.

2. Private institutions require a license. The law specifies the requirements.

3. All private and public hospitals and homes are subject to the supervision of the canton.

**State Responsibilities - Culture, Education, and Instruction**

1. The canton and municipalities promote individual creative development and facilitate participation in cultural life.

2. They protect and preserve cultural assets.

**State Responsibilities - Culture, Education, and Instruction**

1. The canton may enact a law on media that serves to promote the cultural identity of the canton and the diversity of information.

**State Responsibilities - Culture, Education, and Instruction**

1. Education and training are joint responsibilities of parents and schools. The law regulates rights and obligations.

2. Every student is entitled to education that is appropriate to their mental, emotional, and physical abilities. The curriculum is equal for both genders.

3. Attendance at school is compulsory for the legally prescribed duration.

**State Responsibilities - Culture, Education, and Instruction**

1. The municipalities establish and operate the public schools; kindergarten is part of the public school. The canton contributes to the costs.

2. The canton establishes and operates the special education institutions. It may offer additional cantonal programs at the public school level. The law regulates the details.

2a. The canton establishes and operates the other public schools. The law regulates their duties and organization.

3. All public schools are under the supervision of the canton.

**State Responsibilities - Culture, Education, and Instruction**

1. The canton supports vocational education and training as well as retraining.

2. It may establish and operate relevant educational institutions or participate in such.

3. The canton and municipalities promote general education for young people and adult education.

State Responsibilities - Culture, Education, and Instruction

1. The canton shall promote cooperation and coordination in the education system.

2. It may establish and operate educational institutions in cooperation with other cantons and bodies.

State Responsibilities - Culture, Education, and Instruction

1. Private schools at the primary and secondary levels, private vocational schools, and private institutions at the higher education level require authorization and are subject to the supervision of the canton.

2. The same principle applies to private instruction during the compulsory school years, which replaces school attendance.

3. The canton may support private schools.

**State Responsibilities - Culture, Education, and Instruction**

1. The canton eliminates or reduces economic, location-related, and other obstacles to school attendance.

**State Responsibilities - Culture, Education, and Instruction**

1. The canton grants educational allowances.

State Responsibilities - Culture, Education, and Instruction

1. The canton promotes civic education.

State Responsibilities - Culture, Education, and Instruction

1. Canton and municipalities support meaningful leisure activities, youth work, and sports.

State Responsibilities - Environment and Energy

1. Protection and Care of the Environment are Responsibilities of All. The Canton and Municipalities are responsible for protecting humans and their natural environment from harmful and nuisance impacts.

2. Whoever causes environmental protection measures shall bear the costs thereof.

3. The Canton and Municipalities ensure environmentally sound disposal. The perpetrator shares the responsibility.

4. The Canton promotes the application of environmentally sound technologies and the recycling of waste materials and waste.

State Responsibilities - Environment and Energy

1. The canton and municipalities protect and preserve the habitats of native animals and plants, as well as characteristic local and landscape features.

State Responsibilities - Environment and Energy

1. Canton and municipalities ensure the supply of drinking and utility water to meet regional water needs.

State Responsibilities - Environment and Energy

1. The Canton and municipalities may take measures to provide an energy supply that is conducive to the economy, environmentally sound, safe, and economically operated.

2. They promote the efficient use of energy, the efficient utilization of energy, the use of renewable energies, and decentralized energy supply.

State Responsibilities - Spatial Planning and Transportation

1. The canton and the municipalities are responsible for land use planning that serves the appropriate, balanced, and economical use of land as well as the orderly settlement of the canton's territory.

State Responsibilities - Spatial Planning and Transportation

1. The canton regulates construction to protect humans and the environment.

State Functions - Spatial Planning and Transportation

1. The canton and the municipal communities regulate transportation and road matters.

2. They jointly promote public transportation.

3. They ensure an environmentally friendly and economically advantageous transportation regulation.

State Functions - Economy

1. The canton aims for an efficient economy and the highest possible level of employment by ensuring favorable conditions.

2. It promotes a structurally and regionally balanced development of the economy.

3. Environmental protection, spatial planning, agriculture, and social peace must be taken into account.

4. The canton aligns its own economically significant activities with the goals of cantonal economic and social policy.

5. The canton takes measures to keep the regulatory burden and administrative load on businesses, particularly small and medium-sized enterprises (SMEs), as low as possible.

State Functions - Economy

1. The canton implements measures for a nature-oriented and efficient agriculture.

2. It supports initiatives for the preservation and promotion of independent family farms.

State Functions - Economy

1. The canton exercises oversight over all forests.

2. It ensures the preservation of forests in their protective, economic, and recreational functions.

3. It promotes a nature-oriented management of the forests.

State Functions - Economy

1. The canton shall take measures within the scope of its possibilities to mitigate economic crises and their consequences.

State Functions - Economy

1. The canton holds sovereignty over public property. It regulates, in particular, the use and utilization.

State Functions - Economy

1. The canton is entitled to the rights of salt, hunting, fishing, and mining. Existing private rights remain reserved.

2. The rights grant the canton the exclusive right to engage in and utilize economic activities. The canton may exercise these rights itself or transfer them to third parties.

State Functions - Economy

1. The Canton and municipalities may enact regulations for the orderly exercise of economic activities.

Financial Regulation

1. The canton uses and maintains the administrative assets appropriately and economically.

2. The financial assets are to be managed in accordance with market conditions, taking into account public interests.

Financial Regulation

1. The financial budget shall be managed in a thrifty, economical, and economically appropriate manner. The current account should generally be balanced.

2. The canton shall align its financial planning with public duties.

3. All tasks, revenues, and expenditures must be reviewed in advance and periodically for their necessity, appropriateness, and financial impact.

Financial Regulation

1. The canton and municipalities may raise funds through

a) the levying of taxes and charges;

b) revenues from assets;

c) contributions and shares in revenues from the federal government and other public-law corporations, enterprises, and institutions;

d) the issuance of loans and bonds;

e) any other potential revenues.

2. Special purpose associations finance their expenditures from the contributions of their members as well as from fees and charges. They do not levy taxes.

Financial Regulation

1. The canton may levy the following taxes

a) Personal, income, and wealth tax on natural persons;

b) Corporate profit and capital tax on legal entities;

c) Taxes on property gains and non-periodic income;

d) Financial equalization tax on legal entities;

e) Hospital tax;

f) Property transfer tax;

g) Inheritance tax and estate duty;

h) Motor vehicle tax;

i) Ship tax;

k) Gift tax;

l) Dog tax.

m)* Taxes on hospitality, take-away/snack establishments, accommodation and alcohol trading businesses, as well as sex work businesses.

2. Earmarked taxes may only be levied as long as they are needed.

3. The introduction of new cantonal taxes requires a constitutional basis.

Financial Regulation

1. All taxpayers shall contribute to the expenditures of the canton in proportion to their means. Extraordinary and non-recurring income may be taxed separately from the remaining income. The individual’s capacity to pay and the economic ability to contribute must be preserved.

2. The taxes of natural persons shall be assessed in such a manner that no significant additional burden arises from marriage; tax relief under Article 134 remains reserved.

3. In the taxation of income and wealth, the principles of reasonable progression are to be applied. These principles may also be applied to other taxes. Fiscal drag is to be adjusted periodically.

Financial Regulation

1. Tax Reliefs Shall Be Granted Especially For

a) The Family;

b) Persons with Support Obligations or Voluntarily Assumed Care Responsibilities;

c) The Creation and Maintenance of Owner-Occupied Residential Property;

d) Personal Provision, Particularly Adequate Asset Formation;

e) Professional Further Education and Retraining.

Financial Regulation

1. In times of need, deviations from the ordinary principles of tax collection may be made to fulfill extraordinary state duties, but only temporarily and through legislative means.

Financial Regulation

1. The financial equalization is intended to achieve balanced conditions in tax burdens and in the services provided by municipalities.

Revision and Transitional Provisions - Revision Provisions

1. The constitution may be revised at any time, in whole or in part.

2. The partial revision must relate to a single subject matter.

Revision and Transitional Provisions - Revision Provisions

1. A partial revision of the Constitution through a popular initiative is governed by the provisions on referenda.

2. The Cantonal Council decides on the partial revision of the Constitution after conducting two readings, with an interval of at least one month.

3. The Cantonal Council may initiate referenda on fundamental questions with or without variations. It can submit the proposal in its entirety or in parts, with or without variations, to the people for a vote simultaneously.

Revision and Transitional Provisions - Revision Provisions

1. The people decide, based on a popular initiative submitted by 3,000 eligible voters or by 10 municipal communities, or by a decision of the Cantonal Council, whether

a) a total revision of the constitution should be initiated;

b) the Cantonal Council or a Constitutional Council should prepare the revision.

2. If the people decide on a total revision of the cantonal constitution by a Constitutional Council, the members of this council shall be elected without delay according to the regulations governing the elections of the Cantonal Council, but excluding the provisions on incompatibility.

3. The revising authority can organize popular votes on fundamental issues, with or without options, and is bound by the results when drafting the constitution.

4. After two consultations conducted at intervals of at least one month, the revising authority submits the draft for the totally revised constitution to the people. It may present the constitution as a whole or in parts, with or without options, for simultaneous voting by the people.

5. If the people reject the constitution or part of it, the revising authority shall prepare a second draft. If this is also rejected by the people, the revision process has failed.

Revision and Transitional Provisions - Transitional Provisions

1. The Constitution shall enter into force on January 1, 1988.

Revision and Transitional Provisions - Transitional Provisions

1. The Constitution of the Canton of Solothurn dated October 23, 1887, is repealed. Exceptions are Articles 24, 26, 27, and 28, which shall remain in force until the complete renewal of the Canton Council in the year 1993 at the latest.

2. Provisions in the previous law that contradict the present constitution are repealed.

Revision and Transitional Provisions - Transitional Provisions

1. Decrees issued by an authority that no longer has jurisdiction or in a procedure no longer permitted under this Constitution shall continue to be valid; modifications shall be governed by this Constitution.

2. Authorizations granted to the Cantonal Council and the Government Council for expenditure approvals that are inconsistent with this Constitution shall lapse no later than five years after this Constitution comes into force.

Revision and Transitional Provisions - Transitional Provisions

1. If new laws are to be enacted or existing laws are to be amended under this constitution, it must be done without delay. Existing laws must be reviewed for compliance with fundamental rights, particularly the right to legal equality.

Revision and Transitional Provisions - Transitional Provisions

1. The exercise of popular rights shall be governed, until the enactment of legislative provisions concerning popular rights, by an ordinance of the Cantonal Council.

2. Popular initiatives permissible under the Constitution of October 23, 1887, may still be submitted until June 30, 1989.

Revision and Transitional Provisions - Transitional Provisions

1. The terms of office for the authorities and officials of the canton and the municipalities shall follow the existing law until the year 1997 at the latest.

Revision and Transitional Provisions - Transitional Provisions

1. Pending naturalization applications from Swiss citizens at the time of the enactment of this constitution shall be processed by the Council of State.

Revision and Transitional Provisions - Transitional Provisions

1. The cantonal parliament shall elect a criminal court, consisting of two senior judges and three permanent lay judges, as of January 1, 1988. The first term of office ends in 1993.

2. Until the legal provisions are adapted, the supreme court shall regulate the organization and procedure.

3. Criminal proceedings pending before the jury court on January 1, 1988, shall be governed by the old law.

Revision and Transitional Provisions - Transitional Provisions

1. Until the adjustment of the Law on Judicial Organization, the following persons may not belong to the same court

a) Persons who are related by blood or marriage in a direct line or up to and including the third degree of the collateral line;

b) Spouses and spouses of siblings.

Revision and Transitional Provisions - Transitional Provisions

1. The Solothurn Cantonal Bank shall be converted into a private-law stock corporation, in which the Canton may only participate as a minority shareholder. The Council of State shall make all necessary final decisions in this regard.

2. The Council of State may delegate individual decisions to the Extraordinary Board of the Solothurn Cantonal Bank, subject to the right of approval.

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