Law concerning the organizational competencies of the Council of State and its departments

The powers and jurisdiction of the Council of State are determined by the Constitution and by law.

[2] State Councillors may not hold any other municipal, cantonal, or federal public office.

[2] Art. introduced by L 20.10.2020; in force since 1.1.2021 - BU 2021, 259.

[3] **1** State Councillors may not exercise any profession, trade, or industry, even on an ancillary or occasional basis or under the guise of a mandate, nor may they entrust its exercise to third parties, lend their name, or hold participations or receive remuneration from third parties who exercise them.

**2** They may also not hold the position of director, manager, administrator, or member of the supervisory or auditing body of companies, institutions, enterprises, or offices that pursue a profit-making purpose, nor engage in any activity for them, even on a gratuitous basis.

[3] Art. introduced by Law of 20.10.2020; in force from 1.1.2021 - BU 2021, 259.

[4] 1 The following individuals may not simultaneously serve on the Council of State: an ascendant and a descendant, a husband and a wife, two persons living in a registered domestic partnership or cohabiting de facto, siblings, an uncle and blood nephews or nieces, a father-in-law and a son-in-law, first cousins, and the husband and the brother of the same woman. The same incompatibilities also apply to equivalent degrees of kinship for women.

2 First cousins are understood to mean the children of two brothers, of two sisters, or of a brother and a sister.

3 The provisions of paragraphs 1 and 2 also apply to the State Chancellor.

[4] Art. introduced by L 20.10.2020; in force since 1.1.2021 - BU 2021, 259.

[5] In cases of incompatibility, the Law on the Exercise of Political Rights of 19 November 2018 applies.

[5] Art. introduced by Law of 20.10.2020; in force since 1.1.2021 - BU 2021, 259.

[6] The Council of State, in exceptional cases and only if required by the public interest, may authorize one of its members – provided this does not excessively increase their workload – to be part of the management or administration of parastatal, mixed, or private institutions or companies, if the Canton owns a share of the capital stock or a right to participate in the profits.

[6] Art. introduced by Law of 20.10.2020; in force since 1.1.2021 – BU 2021, 259.

[7] 1 A State Councillor who has received the authorization referred to in Article 1e must pay into the cantonal treasury the fixed indemnity or the *tantièmes* that he receives as a member of the board of directors or the management of the aforementioned institutions or companies.

2 Travel allowances and attendance fees, however, accrue to his benefit.

3 A State Councillor who ceases to hold office must place at the disposal of the Council of State the mandates he received by virtue of Article 1e.

[7] Art. introduced by L 20.10.2020; in force since 1.1.2021 - BU 2021, 259.

1 The Council of State determines the number of Departments and may combine or vary them by executive decree to be published in the Bulletin of Laws and the Official Gazette.

2 The Council of State may conclude performance mandates with autonomous administrative units. [8]

[8] Para. introduced by Law of 11.10.2005; in force since 4.4.2006 - BU 2006, 133.

The Council of State issues the regulations for its sessions, for the distribution of work among its various Departments, and for its Registry.

[9] **1** The State Council, by means of regulations, designates the decision-making powers delegated to the Departments, the State Chancellery, and subordinate administrative units; it may also subdelegate to subordinate administrative units the powers directly attributed by law to the Departments.

**2** Cases where the Constitution or federal law expressly reserve the decision-making power of the State Council remain excluded.

**3** The State Council may provide for the right to appeal against decisions of the Departments, the Chancellery, and subordinate instances. The related procedure is governed by regulations.

**4** … [10]

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[9] Art. amended by L 8.11.1993; in force since 1.1.1994 - BU 1993, 460; previous amendment: BU 1979, 96.

[10] Para. repealed by L 24.9.2013; in force since 1.3.2014 - BU 2013, 472.

[11] When multiple applications are submitted to different Departments, all having the same factual basis, the Council of State, ex officio, upon request of a party or a Department, may assign the investigation to a single Department or suspend the investigation of one or more applications pending the investigation or decision of the others.

[11] Article introduced by Legislative Decree 19.4.1966; effective from 1.7.1966 - BU 1966, 209.

[13] 1 A member of the State Council is obliged to report to the criminal prosecution authorities or to the State Council any crimes and misdemeanors prosecutable ex officio that they observe or that are reported to them in the exercise of their function.

2 In the case of a report to the State Council, the obligation to report falls upon it.

3 Reporting obligations provided for by other laws remain reserved.

[13] Art. amended by L 13.12.2021; in force since 1.3.2022 - BU 2022, 50; previous amendment: BU 2010, 252.

[12] The Council of State or the Departments delegated by it may participate in intercantonal conferences or similar bodies and contribute to their financing.

[12] Art. introduced by L 20.4.2009; in force since 1.7.2009 - BU 2009, 273.

With the entry into force of the regulation of the Council of State, to be issued in accordance with Article 1 of this decree, Law 22 March 1855 is repealed.

This decree comes into force [14] after the expiry of the period for exercising the right of referendum and with its publication in the Bulletin of Laws and Executive Acts of the Canton.

Published in BU 1928 , 227.

[14] Entry into force: 27 November 1928 - BU 1928, 227.