Constitution of the Canton of Thurgau (KV) - Relationship with the Confederation and the Cantons (KV)

1. Thurgau is an independent canton of the Swiss Confederation.

2. It supports the Federation in fulfilling its duties.

3. It seeks cooperation with other cantons and neighboring foreign countries.

1. Anyone who performs public functions is bound by the principles of the rule of law as set forth in this Constitution.

2. All governmental action must be based on a legal provision, serve the public interest, and be proportionate.

1. Equality before the law is guaranteed.

1. Retroactive legislation must not impose additional burdens on individuals.

1. The state respects and protects the dignity and freedom of the individual.

1. Fundamental Freedoms are guaranteed, in particular

1. personal freedom;

2. the freedom and protection of privacy and secrecy;

3. freedom of belief and conscience;

4. freedom of information, opinion, and the press;

5. freedom of association and assembly;

6. freedom of scientific teaching and research as well as artistic activity;

7. freedom of occupational choice and economic activity;

8. freedom of establishment.

1. Property is guaranteed.

2. Everyone is entitled to full compensation in the event of expropriation and for restrictions on property equivalent to expropriation.

1. Restrictions on fundamental rights require a legal basis and necessitate a prevailing public interest.

2. The fundamental rights of persons who are in a special relationship of dependency with the state may only be additionally restricted to the extent that the special purpose of the dependency relationship requires it.

1. Fundamental rights apply analogously among private individuals.

1. The Structure of the State and the Exercise of State Power are Based on the Principle of Separation of Powers.

1. Legislative enactments must be published.

2. The authorities provide information about their activities.

3. The canton, as well as the political municipalities and school municipalities, grant access to official records, unless there are overriding public or private interests opposing it.

4. The law regulates the details, particularly the applicable procedure.

1. Everyone has the right to submit petitions to the authorities. The authorities are obliged to respond.

1. Everyone has the right to protection of their rights.

1. In proceedings before authorities, everyone is entitled to the right to be heard and to the protection of good faith.

2. Everyone has the right to access files that concern them, unless overriding public or private interests oppose it.

1. In dealings with private individuals as well as in the use of personal data, authorities are bound by official secrecy within the framework of the law.

1. The State is liable under the law for any damage caused by its organs.

1. All state authority is derived from the people.

1. Every Swiss citizen residing in the canton is entitled to vote and eligible to stand for election if they are at least 18 years old and are not disqualified due to mental illness or mental deficiency. The law regulates the exercise of the right to vote and eligibility for election.

2. Every person entitled to vote is eligible to be elected to authorities. The law may stipulate professional requirements for eligibility.

1. Foreigners may participate in an advisory capacity in municipal matters according to the law.

1. The People Elect

1. the members of the Grand Council;

2. the members of the Government Council;

3. the Councillors of States;

4. the presidents, members, and substitute members of the District Courts;

5. * ...

6. * the Justices of the Peace.

2. The law may provide for additional elections by the people.

3. The electoral district is

1. the district for the members of the Grand Council;

2. the canton for the members of the Government Council and the Councillors of States;

3. the administrative area in other cases.

4. The Grand Council is elected by proportional representation. All other elections follow the majority voting system.

1. In referendums, the majority of votes decides.

1. Laws and decisions of the Grand Council regarding state treaties and concordats are subject to a popular referendum if 30 members of the Grand Council advocate for it or if 2,000 eligible voters demand it within three months from the date of publication.

1. Decisions of the Grand Council providing for new one-time expenditures exceeding CHF 3,000,000, or new annually recurring expenditures exceeding CHF 600,000, are subject to a popular vote.

2. Decisions providing for new one-time expenditures exceeding CHF 1,000,000, or new annually recurring expenditures exceeding CHF 200,000, are subject to a popular vote if 2,000 eligible voters request it within three months of the publication.

3. Decisions regarding expenditures that are mandatorily predetermined in purpose and scope by federal law or legislation are not subject to a popular vote.

1. By law, further resolutions of the Grand Council may be subjected to an optional referendum.

2. The Grand Council can submit its resolutions to a referendum on its own initiative.

1. 20,000 eligible voters can request the recall of the Grand Council or the Executive Council.

2. The period for collecting signatures is three months. The request must be submitted to a public vote within an additional three months.

3. If the public decides in favor of the recall, new elections shall be held within three months.

1. 4,000 eligible voters may request the enactment, amendment, or repeal of constitutional or statutory provisions.

2. The period for collecting signatures is six months.

3. The petition can be submitted as a general suggestion or as a detailed draft.

4. A popular initiative can be withdrawn until the setting of the date for the referendum. Each popular initiative must include a withdrawal clause.

1. The Executive Council determines whether a popular initiative has been successful.

2. The Grand Council evaluates its validity.

3. The Grand Council decides whether it wishes to follow the popular initiative. If it rejects the initiative, it must be submitted to a referendum.

4. If the Grand Council proposes a counter-proposal to the popular initiative, voters may accept both proposals. In the deciding question, they can indicate which proposal they prefer if both are accepted.

5. ...

1. By means of a popular initiative, the right to propose legislation can be exercised with respect to the Federal Assembly.

1. No one shall belong to their immediate supervisory authority.

2. The members of the Council of State, the State Chancellor, the members and substitute members of the Supreme Court, the Administrative Court, the Coercive Measures Court, and the Appeals Commissions, as well as employees of district courts and the courts and administrations of the canton and its public institutions who are not elected by the people, shall not belong to the Grand Council.

3. Members and substitute members of a court or a municipal authority shall not belong to the Council of State.

4. Further incompatibilities are regulated by law.

1. The following individuals may not simultaneously belong to the same authority

1. Spouses;

2. Parents and children, as well as their spouses;

3. Siblings and their spouses.

2. Persons in a registered partnership, as well as persons in de facto cohabitation, are equivalent to spouses.

3. The exclusion of relatives does not apply to the Grand Council and municipal parliaments.

4. Further exceptions to the exclusion of relatives are regulated by law.

1. Members of an authority must recuse themselves when they have a direct or significant indirect interest in a matter.

1. The term of office for individuals and members of authorities who are elected by the public or the Grand Council, or for whom the law provides for election for a term of office, is four years.

1. The principal town of the canton is Frauenfeld.

2. The Grand Council meets in Frauenfeld in the summer and in Weinfelden in the winter.

3. The Executive Council is based in Frauenfeld.

4. The seat of the cantonal courts is determined by law.

1. The Grand Council consists of 130 members.

2. It establishes its own rules of procedure.

3. The members exercise their mandate freely. They cannot be held accountable for statements made in the Council and its committees.

1. The proceedings of the Grand Council are public.

1. The Grand Council enacts all fundamental and important legal principles in the form of law, particularly concerning the rights and duties of the individual, the organization of the canton, its institutions and bodies, as well as procedures before the authorities. Laws must be debated twice.

2. It decides on international treaties and concordats, insofar as the Executive Council is not competent. International treaties and concordats are equated with laws in their effect.

3. It can issue regulations, insofar as the constitution empowers it to do so.

1. The Grand Council exercises supreme oversight in the canton.

2. It annually approves the accountability reports of the Council of State and the cantonal courts, as well as the business reports of the independent cantonal institutions.

1. The Grand Council elects the President and Vice President of the Executive Council for a term of one year. The President is not eligible for re-election for the following year.

2. It elects the State Secretary, the presidents, the members, and the deputy members of the cantonal courts, as well as the Attorney General.

1. The Grand Council decides on the budget and the state accounts. It sets the tax rate.

2. It decides on the acceptance of new loans.

3. It decides on new expenditures subject to the rights of the people, as well as on the acquisition or disposal of real rights in real estate, insofar as the Executive Council is not responsible.

1. The Grand Council exercises the participatory rights allotted to the cantons by the Federal Constitution, subject to the rights of the people.

2. It provides opinions on the fundamental planning of the canton, insofar as the law does not foresee approval. It can issue directives to the government council regarding such planning.

3. It regulates salaries, pensions, and retirement benefits.

4. It regulates the fees of the canton and cantonal institutions, insofar as the law does not designate the government council or institution organs as competent.

5. It grants cantonal citizenship.

6. It exercises the right of pardon.

7. The law may confer additional powers upon it.

1. The Government Council consists of five members.

2. It acts as a collegial authority. Its decisions require the participation of at least three members.

3. Only one member may belong to the Federal Assembly.

1. Members of the Executive Council participate in the sessions of the Grand Council with an advisory vote.

2. The Executive Council may submit proposals.

3. It presents the draft of decrees or resolutions to the Grand Council either on its behalf or on its own initiative.

4. Members of the Executive Council cannot be held liable for statements made in the Grand Council or in its committees.

1. The governmental council issues the ordinances necessary for the implementation of federal and cantonal laws or for which the law authorizes their issuance.

2. It enters into agreements with the federal government, cantons, or states that are necessary for the implementation of laws or for which the law authorizes their conclusion.

3. The content and scope of the authorization must be specified in the law.

1. In cases of great necessity or serious disturbance of public order and safety, the Government Council may deviate from the constitution and the law. It must immediately account to the Grand Council for such actions.

2. If the Grand Council approves the emergency measures, they remain valid. They shall expire no later than one year after they come into force.

1. The executive council submits the budget proposal and administers the state accounts. It manages the state finances.

2. It decides on the acceptance of credits or loans and the acquisition or disposal of real rights in real estate up to CHF 500,000.

3. It decides on new one-time expenditures up to CHF 100,000 and new annually recurring expenditures up to CHF 20,000.

1. The Government Council represents the canton and directs the administration. It ensures, within the framework of the law, an effective and economical organization as well as a straightforward procedure.

2. It supervises the municipalities and other entities responsible for public duties, insofar as the law does not provide for other supervisory bodies.

3. When deciding on appeals in administrative matters, it also reviews whether the applied decrees are in accordance with the constitution and the law.

1. The administration is divided into five departments and the State Chancellery.

2. Each member of the Government Council heads a department.

3. The State Secretary leads the State Chancellery. It is available to the Grand Council and the Government Council.

4. The law may delegate specific tasks to independent institutions, public law entities, or private individuals.

1. The Executive Council may delegate certain matters to the departments, the State Chancellery, or subordinate administrative offices for independent execution, provided that the law does not expressly regulate the responsibility for implementation.

2. Further delegation is not permitted.

1. The government council regulates the employment relationship of state personnel and teachers, insofar as the constitution does not provide otherwise.

1. Commissions may be established by law, ordinance, or decision of the government council, to advise the government council or individual departments on specific issues.

2. These commissions do not have any decision-making authority.

3. Commission members may be appointed for a term of office, either for a fixed term or indefinitely.

1. Judicial authorities are bound only by the law and are independent in their judgment.

2. The law regulates organization and procedure. It determines the election, appointment, and legislative powers of the courts.

1. Civil Jurisdiction is Exercised by

1. * the Superior Court;

2. * the District Courts;

3. the Justices of the Peace.

2. The law can provide for special courts.

1. Judicial Powers in Criminal Proceedings Are Exercised By

1. * the Superior Court;

2. the District Courts;

3. the Coercive Measures Court;

4. the Office of the Attorney General and the Public Prosecutor's Offices;

5. the Office of Juvenile Prosecution.

2. Criminal Prosecution Is Conducted By

1. the Police;

2. the Office of the Attorney General and the Public Prosecutor's Offices;

3. the Office of Juvenile Prosecution.

1. The Administrative Court exercises administrative jurisdiction as the court of last resort, unless the law allocates a matter to the final jurisdiction of the Grand Council, the Government Council, one of its departments, or another authority.

1. The Superior Court exercises oversight over the administration of civil justice and criminal jurisdiction, while the Administrative Court oversees the administration of administrative justice outside of administration.

2. ...

1. The canton territory is divided into five districts. The law determines their scope and the duties of the authorities.

1. The municipalities are autonomous bodies of public law.

2. The political municipalities fulfill the local tasks, insofar as the law does not transfer the responsibility to other communities. They are the bearers of civil rights.

3. The school municipalities fulfill the tasks of the school and educational system. The law regulates their position, organization, and catchment area.

4. The civic municipalities manage the communal property.

1. The existence of the political municipalities is guaranteed within the framework of the Constitution.

2. Changes in the existence of political municipalities require their consent and the approval of the Grand Council.

3. Changes in the territory of political municipalities require their consent and the approval of the Executive Council.

4. For compelling reasons, the Grand Council may decide on changes in the existence or territory of political municipalities, provided that at least half of the affected municipalities consent.

1. Local municipalities freely determine their organization within the framework of the constitution and the law.

2. The municipal ordinance is subject to a popular vote and requires approval by the government council.

3. Municipalities elect their authorities, regulate the employment relationship of their personnel, manage their financial affairs, and independently fulfill tasks within their own domain.

1. The canton promotes the cooperation of municipalities.

1. Municipalities and other public law corporations may form special-purpose associations to fulfill specific tasks.

2. For compelling reasons, the Grand Council can require municipalities to form or join special-purpose associations.

3. The law determines the necessary content of the association statutes. It ensures that those entitled to vote have sufficient participatory rights. The association statutes require approval by the Executive Council.

1. The State protects the freedom and promotes the well-being of the people, the family, and the individual.

1. The canton may only perform tasks that are assigned to it by federal law or this constitution.

2. If the constitution assigns a task to both the canton and the municipalities, the municipalities are primarily responsible, unless otherwise specified by law.

1. Canton and municipalities ensure public order and safety.

1. The canton and municipalities promote social security. They may operate facilities for preventive care, welfare, or aftercare.

1. The canton and municipalities may provide humanitarian aid both within and outside the canton.

1. The canton shall take measures to prevent unemployment and shall ensure the alleviation of its consequences.

2. It shall provide career counseling and job placement services. It shall promote professional training and assist in retraining.

3. It may mediate between the social partners.

1. The canton and municipalities promote the health of the population.

2. They promote athletic activities.

3. The canton supervises and coordinates the healthcare system. It ensures adequate medical provision.

1. The canton and municipalities operate or promote facilities for the care of the sick, elderly, or disabled. They promote integration.

1. The canton and school communities support the parents in the education and upbringing of the children.

2. Primary education is compulsory.

3. The canton oversees the entire school system.

1. The Canton and school communities operate

1. Kindergartens;

2. Primary schools;

3. Vocational schools;

4. Secondary schools.

2. Attendance at public schools is free of charge for residents of the Canton.

3. The Canton may support private schools or educational homes. The principle and existence of the public school must be preserved.

1. The canton ensures access to universities, universities of applied sciences, other higher education institutions, higher vocational schools, and vocational schools.

2. It may operate or support such schools.

1. The canton grants contributions or loans for the financing of education.

1. The Canton and the municipalities promote adult education.

1. The canton and municipalities promote cultural activities.

2. They promote the preservation of cultural assets and may operate cultural maintenance facilities.

1. The canton and municipalities protect individuals and their natural environment from harmful or annoying impacts.

2. They advocate for the preservation of townscapes and the unique character of the landscape.

3. They oppose measures that impair the natural conditions and balances of the lake and river landscape at Lake Constance, Untersee, and the Rhine.

1. The canton and municipalities regulate the efficient and economic use and development of land.

2. They ensure the preservation of non-urban areas.

3. They implement measures for high-quality inward urban development and for strengthening urban renewal.

4. They may take measures to promote housing construction.

1. The canton and municipalities regulate the use and utilization of public objects, the maintenance and correction of waters, as well as road systems.

1. The canton and municipalities ensure the provision of transportation access to their area.

2. They promote public transportation and may operate transport companies.

1. The canton and municipalities promote the healthy development of the Thurgau economy.

2. They can regulate the exercise of economic activities through police measures as far as public order and safety require.

1. The canton shall take measures to promote agriculture and forestry.

2. It may operate its own enterprises.

1. The canton and municipalities are responsible for the provision of water and energy. They promote measures for their economical use.

2. They may operate supply facilities or power plants.

3. They promote measures for the use of environmentally sustainable renewable energies and create incentives for economical and efficient energy use within the canton.

1. The canton maintains a cantonal bank and an institution for the mandatory insurance of buildings.

1. The canton has the exclusive right to economic exploitation of

1. Hunting;

2. Fishing;

3. Mining and storage of substances in the earth's interior;

4. Geothermal energy;

5. Salt trade.

2. It may transfer the right of exploitation.

3. Existing private rights are reserved.

1. The canton levies taxes to fulfill its responsibilities.

2. The political municipalities and the school municipalities have the right to levy taxes in the form of surcharges on the main taxes.

1. Object of the Main Taxes are the income and assets of natural persons, as well as the profit and capital of legal entities.

2. Particularly decisive is the economic capacity of the taxpayers.

1. The law regulates additional taxes.

1. Canton and municipalities may levy additional charges for services that they directly provide to individuals.

1. The canton and municipalities must manage their budgets in a frugal, economical, and medium-term balanced manner. The economic situation must be appropriately considered.

2. The principle of transparency applies to budgets and accounts.

1. The canton promotes the development of efficient municipalities through financial equalization and seeks to achieve a balanced tax burden.

1. The Evangelical Reformed and Roman Catholic religious communities are recognized regional churches of public law.

1. Regional churches independently regulate their internal affairs.

2. They govern matters that concern both the state and the church domain in a decree that must adhere to democratic and constitutional principles. This decree is subject to a referendum within the regional church and requires approval by the Grand Council.

3. The highest authority of each regional church is a parliament. This parliament enacts the organizational law and elects the executive bodies.

1. The regional churches are divided into parishes with their own legal personality.

2. The parishes may, for the fulfillment of worship-related tasks within parishes, regional churches, and religious communities, levy taxes in the form of surcharges on the main taxes within the framework of confessional legislation.

1. The constitution can be revised at any time, either in parts or as a whole.

2. A partial revision may concern a single provision or multiple related provisions.

1. The revision is conducted in the legislative procedure.

2. It is subject to a referendum.

1. Law enacted before the entry into force of this Constitution remains in effect insofar as it does not conflict with it.

2. Law enacted by an authority that is no longer competent under this Constitution or through a different procedure remains in effect until it is amended according to the forms prescribed by this Constitution.

3. Tasks that the canton fulfills pursuant to a law at the time this Constitution enters into force do not require a constitutional basis, as long as they are not expanded.

1. Proposals adopted by the Great Council prior to the enactment of this constitution are subject to a referendum according to the old law.

1. District Councils shall continue until the end of the term of office during which this Constitution comes into force. Until legal reorganization occurs, the Executive Council shall regulate the necessary competencies.

2. The formation of political municipalities must occur within ten years after this Constitution comes into force. Thereafter, the law shall designate the political municipalities whose existence is guaranteed by this Constitution.

3. The reorganizations pursuant to paragraphs 1 and 2 must occur within 15 years following the entry into force of this Constitution.

1. The terms of office of the justices of the peace, enforcement officers, district governors, deputy governors, investigating judges, juvenile prosecutors, state prosecutors, as well as the members and substitute members of the district courts, the court of indictments, and the high court that are ongoing at the time this law comes into effect shall terminate upon the entry into force of the Swiss Code of Civil Procedure (ZPO), the Swiss Code of Criminal Procedure (StPO), and the Swiss Juvenile Criminal Procedure Code (JStPO).

1. Section 11 paragraph 3 applies to official documents that have been created or received by an authority after the adoption of this constitutional provision by the public.

2. If the corresponding legislation does not come into force within three years after the adoption of Section 11 paragraphs 3 and 4, the government council shall issue the necessary implementing regulations by ordinance.

1. This Constitution replaces the Constitution of the Federal State of Thurgau dated February 28, 1869.

2. It shall come into effect at a time determined by the Cantonal Government after approval by the people and assurance by the Federal Councils.