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191.110 RCCATTLCDKKRKatt CH-TI

Regulation on the Law on the Catholic Church (RCCatt) (RCCATT)

25 Articles / Provisions · Switzerland · Canton of Ticino
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Table of Provisions (25)

Statutory Text (25 Articles)

RCCatt

1 The Parish Council compiles and updates the parish register of persons belonging to the Roman Catholic Apostolic Church.

2 The entries for persons entitled to vote in the parish register shall be made with surname, first name, full date of birth, father's name, sex, municipality/ies of origin, nationality, in alphabetical order and with a progressive number, with a note of the commencement or cessation dates of the right to vote. For married or widowed persons entitled to vote, the spouse’s name replaces the father’s name.

RCCatt

1 The Parish Council annually publishes, during the first three Sundays of February, the parish catalog updated to January 31.

2 The publication notice is posted on the parish bulletin board; the catalog can be consulted by anyone with ecclesiastical rights residing in the Municipality on the days of publication.

RCCatt

1 The use of bells for non-liturgical purposes, particularly the striking of the hour and pealing, must not disturb the peace between 9:00 PM and 7:00 AM.

2 The provisions and conventions in use in individual parishes remain reserved.

RCCatt

1 Sacred buildings may be made available, with the consent of the Parish Council, for activities of public interest, provided this does not interfere with the normal exercise of worship.

2 The use of sacred buildings for non-liturgical purposes is governed by regulations approved by the Parish Assembly.

RCCatt

The Parish Council preserves the acts of the parish bodies and oversees the maintenance of the parish registers.

RCCatt

1 The Parish Assembly is convened by the Parish Council through the publication of a notice on the parish notice board during the ten days preceding the meeting, indicating the day, time, place, and items to be discussed.

2 If a position becomes vacant during the election period, the date of the Assembly is set by the Parish Council.

3 The Assembly appoints the chairman of the day and two scrutineers, who constitute the electoral office.

RCCatt

1 A person is eligible to be elected as a member or substitute of the Parish Council and as a delegate of the Parish if they are registered in the parish catalog; the delegate may be a member or substitute of the Parish Council.

2 Candidacies must be submitted in writing to the Parish Council or orally during the Assembly.

3 If the number of candidates is equal to the number of positions to be filled, the election is by acclamation.

4 If the number of candidates is less than the number of positions to be filled, the proposed candidates are elected and a new Assembly is convened to complete the appointments.

RCCatt

1 The ballot papers are distributed to the voters after the opening of the Assembly and the establishment of the electoral office.

2 The voter casts their vote by writing the first name and surname of the candidates in their own hand; for the appointment of the parish priest, printed ballots may be used.

3 For each ballot, the maximum number of votes that the voter can cast is equal to the number of seats to be allocated; for each candidate, a maximum of one vote can be cast.

4 Blank ballots and void ballots are not counted; for the grounds of nullity, Article 41 paras. 1 and 2 of the Law on the Exercise of Political Rights of 19 November 2018 (LEDP) shall apply by analogy. [2]

[2] Para. amended by R 26.3.2025; in force from 1.4.2025 - BU 2025, 79.

RCCatt

The electoral office presides over the voting and counting operations, ensures the regularity of the electoral operations, rules on the validity of ballots, carries out the recapitulation, and proceeds with the proclamation and publication of the results.

RCCatt

1. Elections take place with the absolute majority system.

2. An absolute majority is equivalent to the number of votes which, when doubled, gives a total greater by at least one unit than that of the valid and countable ballots.

3. In case of a tie in votes between candidates, the election is determined by lot drawn by the president of the electoral office.

RCCatt

1 In the absence of an absolute majority, the Parish Council shall call a run-off election by convening a subsequent Assembly.

2 The run-off election shall be held using the relative majority system; those who obtain the highest number of votes shall be elected.

3 New candidacies may be submitted.

4 The parish regulations may establish that the Assembly for the run-off election be held immediately after the election by absolute majority.

RCCatt

1 The Assembly shall be convened by the Parish Council in ordinary session once a year; the parish regulations may provide for two ordinary sessions.

2 The Assembly shall meet in extraordinary session

a) if the Parish Council deems it appropriate;

b) if at least one sixth of the persons registered in the parish catalog submit a written and reasoned request to the President of the Parish Council, indicating the matters to be discussed; the parish regulations may establish a lower number of signatures.

RCCatt

1 The Assembly shall be convened by the Parish Council through publication of a notice on the parish bulletin board during the ten days preceding the meeting, indicating the day, time, place, and items to be discussed.

2 Emergency convening shall take place by written communication sent at least two days before the date of the assembly.

RCCatt

1 The President of the Parish Council directs the Assembly.

2 A President of the Day, who is not a member of the current Parish Council, shall be appointed

a) to deliberate on the provisional and final accounts;

b) to appoint the Management Commission;

c) in other cases established in the parish regulations.

3 Before proceeding with discussions, the Assembly elects two tellers.

RCCatt

1. The Assembly votes by show of hands; it votes by secret ballot if decided by a majority of voters before each vote.

2. In the event of a tie, the vote shall be repeated at the subsequent Assembly; if the result is still a tie, the proposal shall be rejected.

3. A citizen excluded from voting due to a conflict of interest shall not be counted among those present.

RCCatt

To the extent not governed by the present chapter, the Municipal Organic Law of March 10, 1987 (LOC) shall apply by analogy, particularly for

a) the date of ordinary Assemblies (Art. 17 paras. 1 and 2 and Art. 22 LOC); [3]

b) the agenda (Art. 21 LOC);

c) ...; [4]

d) the minutes (Arts. 24 and 25 LOC);

e) the order of the Assembly (Art. 27 LOC);

f) the duties of the president (Art. 28 LOC);

g) cases of conflict of interest (Art. 32 LOC);

h) messages and reports (Art. 33 LOC);

i) the publication of assembly decisions (Art. 41 LOC).

[3] Subparagraph amended by R 18.2.2009; in force from 20.2.2009 - BU 2009, 131.

[4] Subparagraph repealed by R 18.2.2009; in force from 20.2.2009 - BU 2009, 131.

RCCatt

1 The Assembly shall appoint the Management Committee every four years, in its constitutive session.

2 It shall be composed of a minimum of two members and two substitutes. [5]

2bis The following may not be part of the Management Committee

a) the members, substitutes, secretary and treasurer of the Parish Council and the employees of the Parish;

b) relatives in the following degrees: spouse, registered partner, de facto cohabitant, parents and children, siblings, parents-in-law with sons-in-law and daughters-in-law, uncles and first cousins, brothers-in-law and sisters-in-law;

c) those who are in the said degrees of kinship with the members, substitutes, secretary and treasurer of the Parish Council.

For Parishes with fewer than 300 parishioners, the Ordinary may grant derogations. [6]

3 The offices of member and substitute are mandatory for a four-year term.

4 Articles 181, 183 and 184 LOC apply by analogy. [7]

[5] Para. amended by R 30.1.2013; in force from 1.5.2013 - BU 2013, 76.

[6] Para. amended by R 2.12.2020; in force from 1.4.2021 - BU 2020, 385; previous amendment: BU 2013, 76.

[7] Para. amended by R 2.12.2020; in force from 1.4.2021 - BU 2020, 385; previous amendment: BU 2013, 76.

RCCatt

1 The Management Committee examines the management and decides on matters requiring a decision by the Assembly by virtue of Art. 15 letters a-g of the law.

2 The Assembly or the parish regulations may entrust a Special Committee with the examination of the matters referred to in the preceding paragraph, with the exception of Art. 15 letter b.

RCCatt

1 Members and substitute members of the Parish Council are elected for a period of four years and are always eligible for re-election.

2 For the first four-year term, the office is mandatory.

3 If the Parish extends over several Municipalities or hamlets, care shall be taken to ensure that the Municipalities and hamlets are adequately represented.

4 Spouses, registered partners, de facto cohabitants, parents and children, siblings, in-laws (parents-in-law with sons-in-law and daughters-in-law), blood relatives (uncles and nephews/nieces), and brothers-in-law/sisters-in-law may not be part of the same Parish Council; the incompatibility also applies to substitute members, the secretary, and the treasurer. The Ordinary may grant exceptions to Parishes with fewer than 300 parishioners. [8]

[8] Para. amended by R 2.12.2020; in force from 1.4.2021 - BU 2020, 385; previous amendment: BU 2013, 76.

RCCatt

The president convenes the Parish Council by means of personal written communication

a) when he deems it necessary;

b) upon the request of at least one-third of the members of the Parish Council.

In the latter case, if the president does not act upon it within three days, the convocation may be made by the vice-president or by a member.

RCCatt

1 The Parish Council shall transmit to the Ordinary

a) decisions requiring the consent of the Ordinary (Art. 15 letters d-g, Art. 16 and Art. 19 para. 2 of the Law);

b) other resolutions of the Parish Assembly;

c) parish regulations;

d) estimated and final accounts;

e) agreements signed with other public bodies or third parties. [9]

2 In cases where the Municipality pays the congrua or another contribution to the Parish, the Parish Council shall transmit to the Municipal Council the decisions approving the estimated and final accounts, with the accounts attached.

[9] Para. amended by R 2.12.2020; in force since 1.4.2021 - BU 2020, 385.

RCCatt

Where not regulated in this chapter, the Municipal Organic Law shall apply by analogy, in particular for

a) substitutes (art. 81 MOL);

b) resignations (arts. 85 and 86 MOL);

c) the direction and validity of the meeting and the calling of substitutes (arts. 94-98 MOL);

d) the validity of decisions and their revocation (arts. 99 and 102 MOL);

e) conflicts of interest and the prohibition of service (arts. 100 and 101 MOL);

f) the minutes (art. 103 MOL);

g) the inspection of documents and the issuance of extracts (art. 105 MOL);

h) the publication of resolutions (art. 111 MOL);

i) the obligation of information, discretion, and confidentiality (arts. 104 and 112 MOL); [10]

j) …; [11]

k) the principles of financial management and accounting (art. 151 MOL).

[10] Letter amended by R 24.6.2010; effective from 27.8.2010 – OG 2010, 334.

[11] Letter abrogated by R 26.3.2025; effective from 1.4.2025 – OG 2025, 79.

RCCatt

1 The independent Appeals Commission for LCCatt is composed of three members and two substitutes appointed every four years by the State Council upon the Ordinary's proposal. [13]

2 It is chaired by a judge or a former judge of the judicial order and decides by absolute majority.

3 The substitutes participate in the meetings with an advisory vote; in case of absence or legal impediment, the substitutes replace the members.

4 The Commission has its seat in Bellinzona.

[13] Para. modified by R 26.3.2025; in force from 1.4.2025 - BU 2025, 79.

RCCatt

1. The agreements, customs, and any other contractual forms existing between the Parish and the Municipality remain in force.

2. However, these must be adapted to the law within the terms provided by Article 24 of the law, wherever they are in opposition to it.

RCCatt

The Regulation of the Law on the Freedom of the Catholic Church and on the Administration of Ecclesiastical Property of June 18, 1886, is repealed.

This Regulation shall be published in the Official Bulletin of Laws and Executive Acts and shall enter into force on January 1, 2005.

Published in OB 2004, 433 and 446.

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