Election, Term of Office
Table of Provisions (83)
Statutory Text (83 Articles)
1. The regular general renewal of the Cantonal Council takes place in March of the election year.
2. The term of office of the Cantonal Council begins with its constitution and ends with the constitution of the new Cantonal Council.
1. Following the complete renewal, the Cantonal Council is convened by the State Chancellery for the constituent meeting.
2. The oldest current member presides over the meeting until the election of the President.
1. The dissemination of information and documents, as well as the conduct of business of the Cantonal Council and its bodies, shall be carried out digitally.
2. Provisions of this law and the associated implementing regulations, which require delivery, submission, transfers, or publication of documents or information, shall be satisfied by the process being conducted digitally, and in particular, the documents and information being accessible in digital form.
3. Legally binding is the digital form of documents.
1. The parliamentary services shall provide eligible voters with printed documents related to proposals subject to a referendum upon request.
2. The "Proceedings of the Cantonal Council" are also provided in printed form.
3. The council leadership may designate certain documents that will be made available to council members in printed form, in addition to digital delivery, upon request.
1. The public deliberations and resolutions of the council plenary are broadcast live on the internet in real-time with both audio and video.
2. The video data is not saved, and the audio data is saved only for the creation of the minutes.
3. Accredited media representatives may be provided with direct access to the audio system.
1. The Cantonal Council and the Parliamentary Services employ a council information system for the digital distribution of information and documents, the digital handling of business transactions, and the digital administration of business.
2. The council information system consists of an online platform accessible to the public via the Internet (public council information system) and a protected information system for members of the Cantonal Council (protected information system).
3. The council information system must ensure, in particular, that
a) Changes to documents are dated and traceable;
b) Documents and their changes are securely attributed to the author;
c) Access and access rights ensure compliance with official and meeting confidentiality at all times;
d) It is prevented that documents are lost or accessed, altered, or deleted without authorization.
4. The rules of procedure regulate the details of the council information system, particularly access to the protected information system as well as access rights and restrictions based on legal official and meeting confidentiality.
1. In the public Council Information System, the information and documents of the Cantonal Council described as public under this law and the associated execution guidelines are processed and published, especially
a) general information about the Cantonal Council, its organs, and the meeting operations;
b) the proposals to be discussed in the council plenary session and the associated files;
c) records of public deliberations and resolutions of the council plenary session;
d) the voting of individual council members in the council plenary session;
e) information for the public from commissions according to § 18;
f) interests of council members according to § 25;
g) contact details of council members according to § 26;
h) proposals and associated files that were negotiated by commissions in public proceedings according to § 17 paragraph 1 e contrario.
2. Not published in the public Council Information System are
a) proposals and associated files related to matters for consultation, which are negotiated in secret discussions in the council plenary session according to § 7 paragraph 1;
b) documents and information whose publication would oppose protectable private or important public interests.
3. In the case of disputes, the council leadership decides on the publication of information and documents in the public Council Information System.
4. The documents are considered officially published as soon as they are retrievable in the public Council Information System.
1. All data of the Cantonal Council considered public according to this law and the associated implementing regulations are, subject to paragraphs 3 and 4, available indefinitely via the council's information system.
2. Data with particularly sensitive content, such as proposals and associated files of advisory items that contain official secrets or were decided in secret deliberation by the commission pursuant to § 17 paragraph 2, shall remain accessible in the protected information system until the start of the 12th year following the legislative term after the conclusion of the matter.
3. The presidency of the Cantonal Council may, at any time, restrict access to individual data or order its deletion to protect sensitive private or important public interests.
4. Conflicts of interest and contact details of council members are to be deleted from the council's information system upon departure from the Cantonal Council.
1. In the protected information system, all information and documents of the Cantonal Council and its bodies are processed and made accessible, in particular
a) all public information and documents of the Cantonal Council pursuant to this law and the associated implementing provisions;
b) all proposals and related files on non-public agenda items of the council plenary;
c) general information about committees, particularly concerning the conduct of meetings;
d) proposals and related files concerning committee matters;
e) records of discussions and resolutions of the committees;
f) other information and documents subject to confidentiality of meetings according to § 17 or to official secrecy according to § 34.
2. Not processed and made accessible in the protected information system are
a) files concerning the activities of parliamentary investigation committees pursuant to § 52 ff.;
b) data and documents of the internal administrative operations of the parliamentary services.
3. Documents are considered delivered to the members of the Cantonal Council as soon as they are retrievable in the protected information system.
4. To access the protected information system, council members must use a private device that ensures secure internet access. Authentication requires the use of a private email address and a private mobile phone number.
1. Digital shall refer to any form of electronic information transmission that allows proof by text.
2. This law and the associated implementing regulations may prescribe the use of a specific digital format for individual business transactions, particularly processing via the council information system.
3. The proposals and associated documents submitted for consultation in the council plenary session and the committees shall be published in PDF format.
1. The Cantonal Council convenes at the invitation of its President or when 17 members or the Government Council request it.
1. For valid deliberation and resolution, the absolute majority of members must be present. A member is considered present if they are either physically on-site or participating remotely in accordance with § 5bis.
1. The council leadership may allow individual cantonal council meetings to have members participate in debates and votes via remote participation, provided that
a) a pandemic under federal law or a comparable crisis situation in the sense of a disaster or emergency as defined by the Civil Protection and Emergency Preparedness Act exists and
b) it is proven that the concerned council members are unable to attend the meeting in person due to force majeure or other reasons not attributable to their fault.
2. The following are considered reasons not attributable to fault within the meaning of paragraph 1
a) a quarantine or isolation ordered by the authorities;
b) a medical certificate indicating that attending in person poses a risk to the affected person or others;
c) the absence of a vaccination or test certificate that may be required based on a protection concept;
d) prevention of participation due to logistical or organizational reasons linked to the relevant event.
3. Decisions on the possibility of remote participation are made by the council leadership no later than 5 days before the start of the respective session. Such a decision covers all meetings of the respective session.
4. Council members wishing to participate in the meeting via remote participation must submit a substantiated application to the parliamentary services by no later than 12:00 noon the day before the meeting. The cantonal council presidency decides on the application and the fulfillment of the conditions according to paragraph 2. Granted permissions are announced at the beginning of the meeting.
5. The council secretary or the vote counter verifies and records the identity of council members voting via remote participation using video authentication prior to the start of the meeting and before each vote.
6. Debates and votes will not be repeated if, for technical reasons, statements, votes, or video authentication via remote participation are not possible.
1. Meetings of the committees of the Cantonal Council shall generally be held with the physical presence of council members, i.e., with attendance at the meeting location.
2. Exceptionally, meetings may be conducted via videoconference or decisions may be made by circular resolution, provided that
a) the council leadership, due to a pandemic under federal law or a comparable crisis situation, permits decisions via videoconference or circular resolution for a specified period;
b) 2/3 of the committee members demand the meeting to be held via videoconference or circular resolution and there are no more than three matters to be addressed that are also suitable for such decision-making;
c) the decision-making is urgent.
3. The council leadership may define the requirements for the IT platforms to be used.
1. The members of the Government Council and the State Secretary participate in the sessions of the Cantonal Council.
2. The members of the Government Council have an advisory vote and can submit motions on matters under discussion. The State Secretary has the same powers for matters concerning the State Chancellery.
1. The President of the High Court represents the budget, the accounts, and the report of the courts in the Cantonal Council.
2. He has an advisory vote and can make motions.
1. The consultations and resolutions of the Cantonal Council are public, unless the Cantonal Council decides otherwise to protect legitimate private or important public interests. The President may instruct the council members, in order to protect legitimate private or important public interests, not to mention personal data, particularly the names of persons involved, during the consultation and decision-making process.
2. In the Cantonal Council chamber, video and audio recordings of the Cantonal Council proceedings are permitted with the President's approval.
1. The Cantonal Council elects a President and two Vice-Presidents for a term of one calendar year. The President and the Vice-Presidents together form the Cantonal Council Presidium.
2. The President conducts the proceedings, oversees the compliance with the rules of procedure, and ensures peace and order in the council chamber.
3. The President determines the agenda of the sessions and their sequence.
4. The President ensures that matters referred to the government council or a committee are dealt with expediteously.
5. The Cantonal Council Presidium is responsible for the personnel management of the Council Secretary in accordance with § 11 and the strategic management of the parliamentary services.
6. The President consults his two Vice-Presidents on all important presidential decisions. The 1st Vice-President takes over the chairmanship of the meetings of the council leadership.
1. The Council Leadership consists of the President, two Vice Presidents, and the Faction Presidents.
1. The Council Leadership
a) represents the Cantonal Council externally;
b)* determines the proportional distribution of seats in the committees and the allocation of committee chairmanships to the factions. Members who do not belong to any faction have no entitlement to committee seats;
c) assigns the business to the committees;
d) handles initiatives concerning the Council's own affairs;
e) has control over the general budget of the Cantonal Council;
f) approves the minutes of the Council's sessions;
g) performs other tasks assigned to it by the Council;
h)* decides on the approval of resignations under the Law on State Personnel (State Personnel Law, StPG) of 27 September 1992.
i)* is authorized to conclude contracts in accordance with § 45quater paragraph 2.
2. The Council Leadership is authorized to submit opinions on complaints in public law matters or on subsidiary constitutional complaints against decrees or decisions of the Cantonal Council to the Federal Court, or to grant the government council the mandate and authorization to do so.
1. The Cantonal Council elects a Council Secretary. This individual is subordinate to the Cantonal Council Presidency and leads the parliamentary services.
2. The Council Secretary receives their orders from the Cantonal Council Presidency.
3. The Cantonal Council Presidency regulates an internal parliamentary service representation for the Council Secretary within the job description.
1. The Council Secretary directs the Parliamentary Services.
2. The Parliamentary Services support and advise the Council President, the Council leadership, the committees, the individual Council members, and the factions in their parliamentary work.
3. The Presidency of the Cantonal Council specifies details in the job description of the Council Secretary as well as in the performance mandate of the Parliamentary Services.
1. The Cantonal Council and its bodies have access to the following services
a) Chancellery service;
b) Usher service during council meetings;
c) Minute-taking service;
d) Legal advisory and documentation service;
e) Special service for results-oriented administration (WoV Special Service).
1. A minimum of five council members can form a parliamentary group.
2. The parliamentary groups discuss council matters and nominate candidates for elections to be conducted by the Cantonal Council.
3. The representation of the parliamentary groups in the organs of the Cantonal Council is determined according to their size.
4. The parliamentary groups are financially supported for their activities.
1. Members of the council may form parliamentary groups based on factors of subject matter or interest. The membership lists are public.
2. Parliamentary groups receive administrative assistance to the extent possible, provided that membership is open to all parliamentarians at all times.
1. The committees prepare the council matters assigned to them, make the necessary clarifications, report to the Cantonal Council, and submit proposals.
2. The responsible head of department usually participates in the committee meetings. He has the right to make motions.
3. Unless the committee decides otherwise, the head of department may be accompanied by his case officers and may consult external experts. These have an advisory vote.
1. Commission meetings are generally not open to the public.
2. Unless a commission decides otherwise to protect legitimate private or significant public interests, any member of the council may attend commission meetings as a listener, with the exception of supervisory commissions under § 20 and parliamentary inquiry commissions under § 52. The duty of official secrecy is governed by § 34.
3. Commission members and listeners may discuss commission proceedings within the factions and in the cantonal council while respecting official secrecy.
1. The commissions inform the public about the consultation results that are of general interest.
1. The Cantonal Council may establish standing committees for specific tasks. The rules of procedure determine their number of members and their terms of reference.
1. The Cantonal Council appoints the following permanent oversight committees
a) the Audit Committee;
b) the Finance Committee;
c) the Judiciary Committee.
2. The number of members and the responsibilities of the oversight committees are governed by §§ 46 et seq. of this law and the related implementing regulations.
1. The Council Leadership may establish special commissions as needed. It determines the number of their members and their tasks. The election authority is the Cantonal Council.
1. Each council member shall have the right, in particular, to
a) submit motions on matters currently under consideration;
b) make procedural motions;
c) introduce parliamentary initiatives;
d) submit nominations;
e) make a brief personal statement in defense against an attack on themselves or their faction.
1. Council members cannot be compelled to vote. They vote without instructions.
1. Council members are obligated to participate in the meetings of the Cantonal Council and its committees of which they are members.
1. Upon joining the Cantonal Council, each member shall inform the council administration in writing of
a) their professional activity and employer;
b) their activities in executive or supervisory bodies of economic enterprises and significant corporations, institutions, and foundations under private and public law;
c) permanent management and advisory functions for important interest groups and associations;
d) participation in permanent commissions and other bodies of the Canton and the Confederation;
e)* activities as a mayor, municipal administrator, or municipal clerk.
2. Changes must be reported at the beginning of each calendar year.
1. The Parliamentary Services collect the information of the council members.
2. The Parliamentary Services ensure that the information is publicly accessible; this information, as well as details regarding party affiliation and the contact information of the members of the Cantonal Council, are published in the public council information system.
1. If an incompatibility with the Cantonal Council mandate arises and the affected person wishes to retain the Cantonal Council mandate, they must submit a copy of the resignation from the other position to the next possible ordinary date, which must be received no later than one day before their swearing-in.
2. If the affected person disputes the incompatibility and the competent authority determines the existence of such, the affected person must submit a resignation from the other position to the next possible ordinary date within four days if they wish to retain the Cantonal Council mandate. The Cantonal Council mandate may not be exercised until the competent authority's decision on the existence of the incompatibility.
3. If the resignation letter is not submitted within the deadline, a waiver of the Cantonal Council mandate will be assumed, and the procedure to determine a successor will be initiated.
1. Council members shall recuse themselves when they are individually affected by the matter in their own capacity.
2. In appeal proceedings, council members shall further recuse themselves if they have already been involved in the matter as a member of an organ or as a representative of a party.
3. If a council member must recuse themselves, they may neither participate in the deliberations nor the decision-making in the preparatory committee or the council plenary. They must leave the chamber before the matter is addressed.
4. In the event of a dispute, the Cantonal Council or the preparatory committee shall decide, excluding the affected parties.
1. Council members receive an annual basic compensation. In addition, for attending the sessions of the Cantonal Council and its bodies, council members receive a daily allowance and reimbursement of expenses. The President of the Cantonal Council, the presidents of the commissions, and the faction presidents receive an additional allowance.
2. Council members who perform special tasks may be granted a special compensation by the council leadership.
3. Council members who incur regular expenses due to the cantonal council mandate are entitled to appropriate compensation. The council leadership makes the final decision on the respective applications.
4. The rules of procedure govern the details.
1. Each member of the council may inspect
a) Files to which the consultation documents of the executive council refer;
b) Files that have been created during the preparation of legislative or financial proposals in the cantonal administration;
c) Expert reports, statistical surveys, and internal administrative investigations on general issues of implementation in a specific area of responsibility;
d)* General instructions on the implementation of certain decrees;
e)* Public executive council resolutions; for non-public executive council resolutions, the state chancellery decides whether the decision can be made public by redacting, anonymizing, or omitting certain parts.
2. Files from which the position of individual department heads on a specific matter can be directly inferred are excluded from the right of inspection.
3. If there are disagreements about the scope of the right to inspect files, the council leadership decides after consulting the executive council.
1. Each council member may
a) seek legal information from the State Chancellery and the departments;
b) request factual information regarding administrative activities from the relevant office heads.
2. No information shall be provided on matters subject to official secrecy. If there are disagreements regarding whether a requested piece of information is subject to official secrecy, the decision shall be made by the head of the relevant department.
1. Beyond the informational rights of individual council members, the committees may
a) request reports and documents from the government council or the relevant department head concerning a subject matter under discussion;
b) with the consent of the relevant department head, question administrative staff about the matter;
c) conduct inspections;
d)* engage external experts in agreement with the council leadership;
e)* review all government council resolutions that pertain to their area of interest.
2. The supervisory committees (§§ 46 ff.) and parliamentary investigation committees (§§ 52 ff.) shall receive all information and documents they need to fulfill their mandate.
2bis. The presidents of the supervisory committees and parliamentary investigation committees may request all government council resolutions on topics they intend to discuss in the committee. They must specify the desired government council resolutions at least by their subject matter. Vaguely formulated general inquiries are not allowed.
3. The department head may participate in the questioning of officials from their department and experts, pose questions, and provide additional information.
1. Members of the commission, other participants in commission meetings, or experts appointed by the commission are bound by official secrecy to the extent that they have knowledge of statements or documents that are subject to official secrecy.
2. For the provision of information to parliamentary commissions within the scope of this law, officials and civil servants do not need to be released from the obligation of official secrecy.
3. Officials and civil servants inform the commission members which information is subject to official secrecy.
1. With a mandate, the government council is requested to examine a matter, take a measure themselves, or support the cantonal council in the exercise of its powers. In matters pertaining to the council itself, the mandate is directed to the council leadership.
2. Deadlines for fulfillment can be set in the mandate. If no deadline is set, the mandate must be fulfilled within one year of the declaration of significance. Mandates relating to the budget must be fulfilled with the message accompanying the next budget if they have been transferred before the end of March.
3. For measures that fall within its own area of competence, the government council may deviate from the mandate in justified cases.
1. An interpellation is a request directed at the Council of State to provide information on a subject concerning cantonal interests.
2. Interpellations must be answered by the Council of State in writing before the next session and are generally scheduled for discussion during that session.
1. Upon the request of the author, the Cantonal Council may declare a motion urgent with the approval of two-thirds of the members present.
2. Urgent motions are addressed in the session following their submission and justification.
3. Urgent interpellations are addressed in the same session in which they are submitted.
1. The Minor Inquiry is a written interpellation submitted and answered by the Executive Council in writing or orally. An oral justification is excluded. No discussion takes place.
2. Minor Inquiries are generally answered by the next session.
1. Upon the request of a competent commission, the Cantonal Council sets goals for selected product groups, for which the Government Council is to determine politically significant performance or impact indicators.
2. The competent commission approves the political indicators proposed by the Government Council.
1. If a contract that is to be fulfilled with the budget of a specific year is not fulfilled even with the message for the following year, the Cantonal Council may decide on a balance requirement for individual products and issue service mandates.
2. The increased level of detail applies only for the duration of validity of the relevant budget.
1. With a parliamentary initiative, it may be proposed to the Cantonal Council to
a) regulate matters pertaining to the council itself, or
b) enact a provision that regulates the content of an unfulfilled mandate or planning decision. The initiative may be submitted no earlier than one year after the expiration of the fulfillment deadline.
2. The initiative must be submitted as a detailed draft.
1. The Cantonal Council may decide to deliberate on a draft law twice.
2. It ensures, as far as possible, a low regulatory density of enactments and a minimal administrative burden on private individuals and organizations.
1. A majority of the members of the Cantonal Council must approve resolutions concerning non-committed expenditures (commitment and budget credits). If the necessary quorum is not met during the expenditure resolution, the matter is considered rejected without a formal final vote.
1. If a popular initiative in the form of the detailed proposal is submitted, the Government Council shall present a report and draft to the Cantonal Council
a) within 6 months of submission, if it does not wish to present a counter-proposal;
b) within 12 months, if it is drafting a counter-proposal.
2. If a popular initiative in the form of a suggestion is submitted, the Government Council shall present a report and draft to the Cantonal Council for approval or rejection within 6 months of submission. If the Cantonal Council or the public approves the suggestion, the Government Council shall submit a draft corresponding to the request within 15 months of approval. It may also submit a counter-proposal.
3. The Cantonal Council may at any time request that the Government Council draft a counter-proposal.
1. In each report, the Executive Council shall particularly provide information on
a) the main positions represented during the preliminary proceedings;
b) the reasons that prompted it to dismiss essential alternatives;
c) the relationship to the government program, financial plan, and specific policy planning;
d) the constitutionality or legality of a proposal;
e) the reasons for delegations of legislative or financial authority;
f) the personnel and financial impacts of a proposal and the planned measures for its implementation;
g) the consequent costs for the municipalities.
**1. If a popular initiative has come into being, the council leadership examines whether it has a permissible content. If the council leadership does not consider the popular initiative to be obviously inadmissible, it usually forwards it to the government council for an opinion. Popular initiatives that are obviously inadmissible are submitted directly by the council leadership to the cantonal council with a request to declare them invalid.**
**2. Each popular initiative is submitted to the council members in writing, along with the reasoning and, if applicable, the statement of the government council. No oral presentation of the reasoning behind the popular initiative takes place. The government's statement is also communicated in writing to the first signatory.**
**3. A popular initiative is generally debated in one of the four sessions following its submission.**
**4. Until the commencement of the debate in the cantonal council, the first signatory can withdraw the popular initiative at any time.**
**5. The wording of a popular initiative can be amended at the request of the government council or the majority of a commission, provided that the objective is preserved. Otherwise, the provisions regarding the initiative apply accordingly.**
1. If the Council of Government has enacted a regulation or an amendment to a regulation, the State Chancellery shall submit the text to the Parliamentary Services. The Parliamentary Services shall ensure that it is published in digital form for the members of the Cantonal Council.
2. Within 60 days from the date of enactment, any member of the council may file a written objection against the regulation or amendment. If no session takes place during this period, the objection period is extended until the last day of the next session. The objection must include a brief explanation.
3. If at least 17 council members file an objection, the council decides on the confirmation of the objection, usually in the next session.
4. Paragraphs 1-3 apply mutatis mutandis to the regulations and procedural rules of the courts.
1. Complaints directed to the Cantonal Council are referred by the Council's leadership to a commission for preliminary review and submission of a proposal.
2. The rules of procedure govern the process. The Cantonal Council reviews the contested decision independently.
3. The commission attaches a written justification to its proposal.
4. If the Cantonal Council upholds the complaint, it refers the matter back to the Government Council for reassessment in accordance with the considerations.
5. If the Cantonal Council rejects the complaint, the commission provides the justification for the decision based on the proceedings and communicates it to the parties involved.
1. Concerning the Powers of the Cantonal Council in relation to
a) Legislative Plan;
b) Integrated Task and Financial Plan;
c) Planning Decision;
d) Multi-year Global Budgets;
e) Budget Estimate;
f) Business Report
1. Consultation and Information According to the Provisions of This Chapter Are Subject to Official Secrecy; § 34 is Applicable.
1. The Cantonal Council monitors the development of the inter-cantonal and international cooperation of the canton and participates in the decision-making process on fundamental matters and politically important decisions.
2. It may conclude agreements with other parliaments that serve the representation of common interests or coordinated responses in the creation of inter-cantonal law.
1. The commissions monitor the development of inter-cantonal and international cooperation of the canton within their areas of responsibility.
2. They participate in the decision-making process by adopting positions for the attention of the government council.
1. From the commencement of negotiations concerning the conclusion of inter-cantonal agreements or participation in inter-cantonal bodies, the Government Council shall consult the competent commission of the Cantonal Council if
a) the agreement is subject to the approval of the Cantonal Council,
b) the decision holds the rank of constitutional or legal status, or the rank of a statutory ordinance.
2. The commission may request a consultation if it considers the conditions of paragraph 1 to be fulfilled.
3. Following the consultation, the Government Council shall continuously inform the commission about the progress of the negotiations and consult with it before taking significant negotiation steps.
1. The Government Council continuously informs the competent commission about projects of inter-cantonal and international cooperation.
2. The Commission shall receive further information from the Government Council upon request and may inspect the minutes and draft agreements.
1. The Government Council informs the Council leadership semiannually on April 1st and October 1st about all ongoing and planned legislative projects.
2. The information includes the dates of the key procedural steps as well as explanations for any potential delays.
1. The Audit Committee supervises the management of the entire administration, including other public service providers pursuant to Article 85 of the Cantonal Constitution. It reviews their annual reports, provides the Cantonal Council with a report thereon, and submits proposals.
1bis. The Pension Fund of the Canton of Solothurn is not subject to the supervision of the Audit Committee.
2. The Audit Committee regularly conducts inspections in the departments under its oversight (§ 50). It may establish subcommittees for this purpose. It can report its findings to the Cantonal Council at any time and submit proposals.
1. The Finance Commission oversees the entire financial budget, including the accounts of the autonomous corporations, institutions, and foundations governed by cantonal law. It specifically examines the budget proposal, supplementary credits, the state financial statements, and financial planning. The Commission can report its findings to the Cantonal Council at any time and propose motions.
1bis. The Pension Fund of the Canton of Solothurn is not subject to the supervision of the Finance Commission.
2. Unless the council leadership decides otherwise, the Finance Commission reviews and evaluates all proposals and matters concerning their financial impact, economic efficiency, and alignment with the financial planning and the entire financial budget. It submits motions to the Cantonal Council.
3. The Cantonal Council may assign additional responsibilities to the Finance Commission by regulation.
1. The Finance Commission may engage external audit bodies.
2. The reports of the audit bodies are to be submitted to the Government Council and the Financial Control.
1. The Position and Duties of Financial Control are governed by the legislation on outcome-oriented administrative management.
1. The Judicial Commission oversees the administration of the judicial authorities of the canton. In particular, it reviews their annual reports.
2. It may report its findings and make proposals to the Cantonal Council at any time.
1. The supervisory commissions may conduct inspections to fulfill their tasks. An inspection is typically to be announced to the head of the responsible department.
2. If a supervisory commission identifies deficiencies in management practices or intends to make recommendations, it offers the head of the department an opportunity to comment before concluding its deliberations.
3. Through follow-up inspections, it verifies whether the identified deficiencies have been rectified and whether its recommendations have been implemented.
4. The supervisory commission may delegate parts of an inspection to experts. To the extent necessary for fulfilling the mission, the supervisory commission may grant these experts the same rights of information that are due to the commission itself. The reports of the experts are to be submitted to the government council and, insofar as their area of responsibility is affected, to the financial control.
1. The supervisory commissions inform each other about findings that affect their areas of activity.
1. Should incidents of great significance in cantonal enforcement agencies require special clarification by the Cantonal Council, it may establish an investigative commission to determine the facts and to gather additional grounds for assessment. The Government Council must be consulted beforehand.
2. The investigative commission shall take the necessary procedural and personnel measures according to its mandate.
3. As long as the investigation is ongoing, the commission members and other participants of the commission meetings are not authorized to make statements about the proceedings or the preliminary findings.
4. The parliamentary investigative commission may question informants and hear witnesses, as well as demand the submission of documents. It may obtain written and oral information from authorities and offices, as well as from members of authorities, civil servants, and private individuals.
5. In the absence of specific provisions regarding the taking of evidence, the provisions of the Act on Legal Protection in Administrative Matters shall apply mutatis mutandis.
6. Anyone who refuses to testify or submit documents without legal grounds or violates the obligation of confidentiality pursuant to paragraph 3 shall be punished according to Article 292 of the Swiss Penal Code.
1. The investigation commission determines which individuals are directly affected in their interests by the investigation. Once it is established that they are directly affected, they are informed of this.
**1. Persons Directly Affected by the Investigation Have the Right**
a) to attend the questioning of informants and witnesses;
b) to ask supplementary questions;
c) to request evidence;
d) to access the records and interview transcripts of the investigation committee;
e) to be accompanied by an advisor.
**2.** The investigation committee may deny them the right to attend questionings and access records insofar as it is indispensable in the interest of the ongoing investigation or for the protection of other persons. The evidence in question may only be relied upon if its essential content has been disclosed to the affected persons and they have been given the opportunity to comment on it.
1. Before each interrogation, it must be determined whether the individual is to provide information as an informant, testify as a witness, or deliver opinions as an expert.
2. Anyone summoned before the commission as an informant or as a witness is required to appear in person. Informants are to be urged to provide truthful statements.
3. For the examination of witnesses, the obligation to testify and the right to refuse testimony, the provisions of the Law on Legal Protection in Administrative Matters apply accordingly. If an investigation is directed entirely or predominantly against a specific individual, that individual may only be questioned as an informant.
4. Informants and witnesses must be made aware of the legal grounds for refusing to testify.
1. Any person directly affected by the investigation may engage an advisor for the entire proceedings or for individual sessions.
2. The advisor may accompany their client to sessions, submit supplementary questions and evidence requests, and together with the client, inspect the commission's files. They have no further rights.
1. Upon completion of the investigations and prior to reporting to the Cantonal Council, the individuals against whom allegations are made shall be granted access to the relevant sections of the draft report.
2. They shall be given the opportunity to express themselves, either orally or in writing, before the investigation committee within a reasonable timeframe.
3. The essential content of the statements must be reflected in the report.
1. The government council has the right to attend the interrogations of informants and witnesses, to ask supplementary questions, to inspect the records of the investigation commission, and to request evidence. § 53 paragraph 2 applies correspondingly.
2. It may express itself in a report to the commission prior to the completion of the investigation.
3. It may express its views in a report to the cantonal council regarding the results of the investigation.
4. It designates one of its members as a representative to the investigation commission. This representative may, in turn, appoint a suitable liaison person for attending interrogations and for inspecting the records.
1. The Cantonal Council may decide, upon the proposal of its Council leadership, to initiate a disciplinary procedure.
2. If the Council resolves to open the disciplinary procedure, it appoints a special commission to investigate the incidents. This commission consists of representatives from all parliamentary groups or independent experts.
3. The commission is required to report to the Cantonal Council and submit proposals. The procedure is governed by §§ 22 et seq. of the Liability Act.
1. The Cantonal Council enacts the implementation regulations, in particular a set of rules of procedure.
1. Articles 24, 26, 27, and 28 of the Cantonal Constitution of October 23, 1887, are hereby repealed.
2. The amendments have been incorporated into the respective enactments.
1. The amendment of § 24 lit. a of the Liability Act (§ 56 lit. f of this Act) requires the approval of the Federal Assembly.
1. This law is subject to a mandatory referendum. The cantonal council determines the commencement date.