CONSTITUTION of the Canton of Vaud (Cst-VD) - The Canton of Vaud (KV-VD)
Table of Provisions (192)
Statutory Text (192 Articles)
1. The Canton of Vaud is a democratic republic founded on freedom, responsibility, solidarity, and justice.
2. The people are sovereign. Universal suffrage is the only direct or indirect source of power.
3. The Canton of Vaud is one of the States of the Swiss Confederation.
4. It has all competencies, except for those attributed to the Confederation by the Federal Constitution [B].
5. It is composed of municipalities and divided into districts.
1. The cantonal coat of arms consists of a white and green escutcheon with the motto "Liberté et Patrie".
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2. The coat of arms of the Canton of Vaud is: per fess, the 1st argent charged with the words "Liberté et Patrie", arranged in three lines, with letters or outlined sable, the 2nd vert.
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1. The official language of the canton is French.
1. Lausanne is the capital of the canton.
1. The canton collaborates with the Confederation, other cantons, neighboring regions, and other States or their populations. It is open to Europe and the world.
2. The State participates in the creation of intercantonal or international institutions while respecting the interests of local and regional communities; it encourages collaboration between municipalities.
1. The State aims to achieve
a. the common good and cantonal cohesion;
b. the harmonious integration of everyone into the social body;
c. the preservation of the physical foundations of life and the sustainable conservation of natural resources;
d. the safeguarding of the interests of future generations.
e. the protection of the climate and biodiversity, as well as the fight against global warming and the disruptions it generates.
2. In its activities, it
a. protects the dignity, rights, and freedoms of individuals;
b. guarantees public order;
c. upholds justice and peace, and supports conflict prevention efforts;
d. recognizes families as fundamental elements of society;
e. ensures balanced representation of women and men within authorities.
f. takes into account the environmental emergency.
1. The law is the foundation and the limit of state activity.
2. This activity is free from arbitrariness and serves a public interest; it is proportionate to the intended goal. It is conducted in accordance with the rules of good faith and in a transparent manner.
3. All state activity respects higher law.
1. Every natural or legal person is responsible for themselves and assumes their responsibility towards others.
2. They contribute to the smooth functioning of the community in which they live and take their share of responsibility to ensure that future generations will also have the possibility of deciding their own future.
3. They assume their share of responsibility in the appropriate use of public funds and the services financed by them.
1. Human dignity is respected and protected.
1. All human beings are equal before the law.
2. No one shall be subject to discrimination, particularly on the basis of origin, sex, age, language, social status, marital status, lifestyle, genetic heritage, physical appearance, disability, beliefs, or opinions.
3. Women and men are equal in rights. The law provides for equality in legal terms and in practice, particularly in the areas of family, education, and work.
4. Women and men are entitled to equal pay for work of equal value.
1. Everyone has the right to be treated by the authorities without arbitrariness and in accordance with the principles of good faith.
1. Every human being has the right to life. The death penalty is prohibited.
2. Every human being has the right to personal liberty, including physical and mental integrity and freedom of movement.
3. Torture and any other cruel, inhuman, or degrading treatment or punishment are prohibited.
1. Every child and every young person has the right to special protection of their physical and mental integrity, as well as the promotion of their development.
2. They exercise their rights personally to the extent that they are capable of judgment; otherwise, through a representative.
1. The right to marry is guaranteed.
2. The freedom to choose another form of communal life is recognized.
3. The right to found a family is guaranteed.
1. Every person has the right to respect for and protection of their private and family life, their home, their correspondence and relationships established by telecommunications.
2. Every person has the right to be protected against the misuse of data concerning them. This right includes
a. the consultation of such data;
b. the rectification of inaccurate data;
c. the destruction of inadequate or unnecessary data.
1. Freedom of conscience and belief is guaranteed.
2. Everyone has the right to freely choose their religion, as well as to form and profess their philosophical convictions individually or in community.
3. Everyone has the right to join or leave the community of their choice.
4. Any coercion, abuse of power, or manipulation in matters of conscience and belief is prohibited.
1. Freedoms of opinion and information are guaranteed.
2. They comprise
a. the right to form, express, and disseminate one's opinion freely, as well as to refrain from doing so;
b. the right to freely receive information, to procure it from generally accessible sources, and to disseminate it;
c. the right to consult official documents, insofar as no overriding public or private interest opposes it.
1. The freedom of art is guaranteed.
1. The freedom of scientific research and teaching is guaranteed.
1. The freedom of the media and confidentiality of editorial sources are guaranteed.
1. Everyone has the right to organize a meeting or demonstration and to participate in it. No one can be compelled to do so.
2. The law or a municipal regulation may require authorization for demonstrations organized on public property.
3. The State and municipalities may prohibit them or impose restrictions if public order is threatened.
1. Every person has the right to form an association, to be a part of it, and to participate in its activities.
2. No one can be compelled to do so.
1. Trade union freedom is guaranteed.
2. No one shall suffer any prejudice due to their union membership or union activity.
3. No one shall be compelled to join a trade union.
4. Strikes and collective layoffs are lawful when they relate to labor relations and comply with obligations to preserve labor peace or resort to conciliation.
5. The law may limit these rights to ensure a minimum service.
1. The freedom of establishment is guaranteed.
1. Property is guaranteed.
2. Full compensation is due in the event of expropriation or a restriction of property that amounts to expropriation.
1. Economic freedom is guaranteed.
2. It notably includes the free choice of profession, free access to a private profitable economic activity, and its free exercise.
1. Everyone has the right, in a judicial or administrative procedure, to have their case treated fairly and judged within a reasonable time.
2. The parties have the right, in any procedure, to be heard, to consult the file of their case, and to receive a reasoned decision with an indication of the rights to appeal.
3. Anyone without sufficient resources has the right to legal aid under the conditions set by law.
1. Everyone whose case is to be adjudicated in a judicial proceeding has the right to have the case heard by a tribunal established by law, independent and impartial.
1. Everyone is presumed innocent until proven guilty by a judgment that has become final.
2. Every accused person has the right to be informed, as soon as possible and in detail, in a language which they understand, of the charges brought against them and their rights.
3. Anyone involved in a criminal proceeding has the right to a defense counsel if it is necessary to safeguard their interests.
1. No one shall be deprived of their liberty except in cases and according to the forms provided by law.
2. Any person deprived of their liberty has the right to be promptly informed, in a language they understand, of the reasons for this deprivation and of their rights. They must be able to assert their rights. Specifically, they have the right to have their relatives and other necessary third parties notified.
3. Any person placed in detention must be brought before a judicial authority within twenty-four hours. The detained person has the right to be tried within a reasonable time or to be released.
4. Any person deprived of their liberty without an order from a court has the right, at any time, to apply to the court. The court shall promptly rule on the legality of this deprivation.
5. Any person who has suffered harm as a result of unjustified deprivation of liberty has the right to obtain full compensation.
1. Every person has the right, without incurring any prejudice, to address a petition to the authorities and to collect signatures for this purpose.
2. The authorities shall examine the petitions addressed to them. The legislative and executive authorities are obliged to respond to them.
1. Everyone is free to exercise their political rights without incurring prejudice.
1. Every person in need has the right to appropriate emergency accommodation and the necessary means to lead a life in accordance with human dignity.
1. Everyone has the right to essential medical care and necessary assistance in the face of suffering.
2. Everyone has the right to die with dignity.
1. Every woman has the right to material security before and after childbirth.
1. Every child has the right to a sufficient basic education and, in public schools, free of charge.
2. A child has the right to an education and instruction that promote the development of their potential and social integration.
3. The freedom of choice in education is recognized.
1. Any person lacking the necessary personal or family resources for recognized initial professional training is entitled to assistance from the State.
1. Any restriction of a fundamental right must be based on a legal foundation. Grave restrictions must be stipulated by law. Cases of serious, direct, and imminent danger are reserved.
2. Any restriction must be justified by a public interest or by the protection of another person's fundamental right.
3. It must be proportionate to the intended purpose.
4. The essence of fundamental rights is inviolable.
1. The State and the municipalities ensure a public service.
2. Taking into account individual initiative and responsibility, they assume the tasks assigned to them by the Constitution and the law.
3. Under their responsibility, they may delegate certain tasks.
1. The State and the municipalities act with diligence and in accordance with the principles of equality, accessibility, quality, adaptability, and continuity.
1. The State and the municipalities inform the population of their activities according to the principle of transparency.
1. The State ensures diligent, independent, and accessible justice for all.
1. The State establishes an independent administrative mediation service. The responsible mediator is elected by the Grand Council.
2. The State may encourage private mediation.
1. Within the limits of its powers, the State holds the monopoly on public force.
2. The State and the municipalities ensure public order as well as the security of persons and property.
1. The State, in collaboration with the municipalities, organizes and finances public education.
2. This education is politically and confessionally neutral.
1. Basic education is mandatory and, in public schools, free of charge.
2. It promotes personal development and social integration; it prepares individuals for professional and civic life.
3. Its goal is the transmission and acquisition of knowledge; it includes, among others, manual, physical, and artistic disciplines.
4. The school ensures, in collaboration with the parents, the education of children. It assists parents in their educational role.
1. The State organizes higher secondary education and initial vocational training.
1. The State provides university education and tertiary-level education.
2. It encourages scientific research.
3. It encourages the collaboration of economic sectors and private individuals with higher education institutions and public research institutes, while respecting the ethical and scientific independence of the latter.
1. The State encourages lifelong learning and continuous education.
2. It takes measures that enable every adult to acquire knowledge and initial professional training.
1. The State may support private institutions that offer training opportunities complementary to its own and whose usefulness is recognized.
1. The State ensures that public education, private education as defined in Article 50, and vocational training are accessible to everyone.
2. It establishes a system of scholarships and other training aids.
1. The State preserves, protects, enriches, and promotes natural heritage and cultural heritage.
2. The State and municipalities safeguard the natural environment and monitor its evolution.
3. They combat all forms of pollution that harm humans or their environment.
4. They protect the diversity of fauna, flora, and natural habitats.
5. The law defines protected zones and regions.
1. The region of Lavaux, from Lutrive to Corsier, is declared a protected site.
2. Any infringement on its protection may be challenged administratively or judicially by those who are aggrieved, as well as by nature conservation associations and heritage protection associations.
3. The implementing law [C] strictly adheres to the current boundaries, particularly by maintaining the vineyard area and the traditional character of the villages and hamlets.
1. In the exercise of their duties, the State and the municipalities ensure the protection of the climate and combat global warming and the disruptions it causes.
2. To achieve this objective, the State and the municipalities significantly reduce the negative climatic impacts of each of their policies.
3. The pension funds of the State and the municipalities governed by public law also contribute to the achievement of this objective.
1. The State and the municipalities encourage and support cultural life as well as artistic creation.
2. They conduct a cultural policy promoting access and participation in culture.
1. The State and the municipalities promote the practice of sport.
1. The State and the municipalities shall ensure the rational use of land and the efficient utilization of soil.
1. The State and the municipalities encourage the population to use natural resources, particularly energy, in a rational and economical manner.
2. They ensure that the supply of water and energy is sufficient, diversified, safe, economically optimal, and environmentally friendly.
3. They promote the use and development of renewable energies.
4. They collaborate in efforts to phase out nuclear energy.
1. The State and the municipalities establish favorable conditions for the development of the circular economy.
2. They create a framework conducive to the use of environmentally friendly materials, substances, and products, as well as to closing the loops, in all relevant fields, particularly in construction.
3. They take measures to prevent waste production and to promote the sharing, reuse, repair, renovation, and recycling of materials and goods.
1. The State conducts a coordinated policy on transportation and communications.
2. The State and the municipalities take into account the needs of all users and remote regions.
3. The State promotes public transportation.
4. The State facilitates access to telecommunications means and equipment.
1. In accordance with the principle of economic freedom, the State creates the framework conditions that promote employment, the diversity of activities, and the balance between regions.
2. It encourages technological innovation, as well as the creation and restructuring of businesses.
1. The State shall take measures in favor of efficient and environmentally-friendly agriculture and forestry; it shall take into account their multiple functions.
2. It shall notably support research, education, and dissemination, as well as the promotion of products.
1. The State and the municipalities ensure to every person residing in the canton the conditions for a dignified life
a. through the prevention of professional and social exclusion;
b. through social assistance which is, in principle, non-refundable;
c. through reinsertion measures.
2. Every worker has the right to a wage that ensures them a decent standard of living. To this end, the State shall institute a minimum wage applicable, in principle, to all economic sectors.
1. The State and the municipalities consider the specific needs of persons with disabilities and their families.
2. They take measures to ensure their autonomy, social, educational, and professional integration, their participation in community life, as well as their personal development within the family framework.
1. The State and the municipalities take into account the specific needs and interests of children and young people by promoting their cultural, sports, and recreational activities.
1. The State establishes the minimum provisions for family allowances and ensures that every family can benefit from them.
2. In collaboration with private partners, the State and the municipalities organize preschool and extracurricular childcare.
3. The State organizes the protection of children, youth, and dependent persons.
1. In collaboration with the State and private partners, the municipalities organize supervised extracurricular care, optional for families, in the form of a full-day school program in or near school premises, throughout the duration of compulsory schooling.
2. The care can be entrusted to private organizations.
3. The conditions for extracurricular care are determined by the municipalities.
4. Parents contribute to the financing of extracurricular care.
1. In the absence of a federal maternity insurance, the State establishes a cantonal maternity insurance scheme.
2. It encourages parental leave.
1. The State coordinates and organizes the healthcare system.
2. To contribute to safeguarding the health of the population, the State and the municipalities
a. encourage everyone to take care of their health;
b. ensure equitable access for everyone to quality care, as well as to the information necessary for the protection of their health;
c. promote keeping patients at home;
cbis. ensure that persons who, due to their age, disability, or health impairment, cannot remain at home, have access to accommodation suited to their needs;
d. support public and private institutions active in prevention and care.
3. The State and the municipalities pay particular attention to all vulnerable, dependent, disabled, or end-of-life persons.
1. In order to protect the entire population, smoking is prohibited in enclosed or indoor public places.
2. These include, but are not limited to
a. all public buildings or premises belonging to the State and municipalities, as well as all other institutions of a public nature;
b. all buildings or premises open to the public, particularly those used for medical, hospital, para-hospital, cultural, recreational, sports activities, as well as for training, leisure, meeting, and exhibition activities;
c. all establishments within the meaning of legislation on inns and drinking establishments [D], subject to the provision of enclosed smoking rooms, without service, and equipped with an adequate ventilation system;
d. public transport and other professional passenger transport;
e. other places open to the public as defined by law.
3. The law sets out sanctions in case of non-observance of the smoking ban and regulates the implementation of this article.
1. The State takes measures intended to inform and protect consumers.
1. The State and the municipalities, in addition to measures falling under individual responsibility and private initiative, ensure that every person can have suitable housing under affordable conditions.
2. They encourage the provision of low-rent housing and the creation of a personalized housing assistance system.
3. They promote access to home ownership.
1. The State facilitates the reception of foreigners.
2. The State and the municipalities promote their integration with mutual respect for identities and for the values that underpin the rule of law.
1. The State and the municipalities facilitate the naturalization of foreigners.
2. The procedure is swift and free of charge.
3. Law [E] regulates the required duration of residence and the procedure; it provides for an appellate body.
1. The State and the municipalities take into account the role of associative life and recognize its importance.
2. They may grant recognized associations support for their activities of general interest.
3. They may delegate tasks to them within the framework of partnership contracts.
4. They facilitate volunteer work and the training of volunteers.
1. The State and the municipalities collaborate, with other public authorities, relevant organizations, and companies, in humanitarian aid, development cooperation, and the promotion of fair trade.
2. They commit to respecting human rights and promoting a policy of peace.
1. With the aim of preparing for the future, the State relies on a foresight body.
1. The State and the municipalities are liable for the damages that their agents or auxiliaries cause unlawfully in the exercise of their functions.
2. The law sets the conditions under which they are liable for the damages that their agents lawfully cause.
1. The following are part of the cantonal electorate
a. Swiss men and women domiciled in the canton who are eighteen years of age or older and are not subject to a general guardianship or an enduring power of attorney due to a permanent lack of discernment;
b. Swiss men and women living abroad who participate in federal ballots in the canton by virtue of federal legislation, to the extent provided for in Article 75.
2. The law [F] provides a simple procedure allowing a person referred to in subsection 1 in fine to obtain, by proving their capacity of discernment, their inclusion or reintegration into the electorate.
1. Political rights pertain to participating in elections and votes, eligibility, and the signing of initiative and referendum petitions.
2. Swiss citizens abroad can only exercise their political rights for the election of the Council of States. In the event of an election, these individuals are required to establish residence in the canton.
1. The law [F] governs the exercise of political rights.
2. It stipulates that blank votes, which are subject to separate counting in elections and voting, are taken into account in the calculation of the absolute majority for elections held under the majority system.
1. The cantonal electorate elects
a. the members of the Grand Council;
b. the members of the Council of State;
c. the Vaud members of the Council of States.
2. The Vaud members of the Council of States are elected at the same time and for the same term as the National Councillors. The voting system is the same as that for the election of the Council of State.
1. A popular initiative may have as its object
a. the total or partial revision of the Constitution;
b. the adoption, amendment, or repeal of a law;
c. the opening of negotiations for the conclusion or revision, as well as the denunciation, of an international treaty or concordat, when it is subject to an optional referendum or submitted to a mandatory referendum;
d. the adoption, amendment, or repeal of a Grand Council decree subject to an optional referendum.
1. A popular initiative may be presented in the form of a proposal drafted in general terms or, except when it aims at a total revision of the Constitution, in the form of a fully drafted project.
2. It succeeds if it gathers, within a period of four months, 12,000 signatures, or 18,000 if it aims at the total revision of the Constitution.
1. Before authorizing the collection of signatures, the Council of State validates initiatives. It declares null and void those that
a. are contrary to superior law;
b. violate the unity of rank, form, or subject matter.
2. The decision of the Council of State is subject to appeal before the Constitutional Court.
1. The law [F] regulates the procedure for handling the initiative by the Grand Council and the procedure for a popular vote when a counter-project is opposed to the initiative.
2. Articles 173 and 174 on the revision of the Constitution are reserved.
1. The initiative is submitted to a popular vote no later than two years following its submission.
2. The Grand Council may extend this deadline by one year if it has approved an initiative framed in general terms or has decided to oppose a counter-proposal to an initiative.
1. The following are subject to the electorate
a. total or partial revisions of the Constitution;
b. international treaties and concordats that derogate from or supplement the Constitution;
c. modifications to the cantonal territory;
d. any notice, law or general provision concerning the use, transport and storage of nuclear energy or matter.
2. Financial restructuring measures provided for in Article 165, paragraph 2, are also subject to the vote of the electorate.
1. The following are subject to optional referendum
a. laws and decrees;
b. international treaties and concordats that derogate from or supplement the law.
2. However, the following are not subject to referendum
a. matters of which the Grand Council takes note;
b. the budget, supplementary credits, loans, associated expenses, and accounts;
c. elections;
d. pardons;
e. naturalizations;
f. initiative and referendum rights exercised by the Grand Council under federal law.
3. A request for a referendum is successful if it has gathered 12,000 signatures within a period of 60 days from the publication of the act. The law [F] extends this period to account for the difficulty of collecting signatures at certain times of the year.
1. The State and communes prepare children and young people for citizenship by providing civic education and promoting various forms of participatory experiences.
2. The State establishes a youth commission.
1. Political parties and associations contribute to forming public opinion and public will.
2. They are consulted by the State and local authorities on matters that concern them.
3. Political parties ensure the implementation of the principle of balanced representation between women and men.
1. The cantonal and communal authorities publish their projects in a manner that allows for public discussion.
2. They inform the population about the items submitted to a vote.
1. The State and the municipalities encourage and facilitate the exercise of political rights.
1. The authorities are organized according to the principle of the separation of powers.
2. They comprise
a. the legislative power;
b. the executive power;
c. the judicial power.
1. The functions of members of the Grand Council, the Council of State, a judicial authority, the Public Ministry, and the Court of Auditors, as well as those of a mediator, are incompatible. The law may provide exceptions for non-permanent members of a judicial authority.
2. Members of the Council of State may not hold any other official or lucrative private position, nor may they sit in the Federal Chambers. Functions exercised as part of a delegation are reserved.
3. Employees of the cantonal administration cannot be members of a judicial authority, subject to exceptions provided by the law.
4. Senior management of the cantonal administration cannot be members of the Grand Council.
5. The law may provide for other incompatibilities.
1. The Grand Council is the supreme authority of the canton, subject to the rights of the people.
1. The Grand Council is composed of one hundred fifty deputies, elected for a term of five years.
1. Members of the Grand Council are elected by the electorate according to the proportional representation system.
2. The districts constitute the electoral constituencies. Districts with a large population as well as those that include remote regions with a low population may be subdivided into several sub-constituencies; these are grouped for the allocation of seats.
3. Seats are distributed among the constituencies in proportion to their resident population. Each sub-constituency has at least two seats.
4. Lists or groups of related lists that have received less than 5% of the total valid votes cast in their constituency are not considered for the allocation of seats.
1. The Grand Council elects its president for one year. This person is not immediately eligible for reelection.
1. The Grand Council regularly convenes in ordinary sessions.
2. It convenes in extraordinary session at the request of one-fifth of its members or the Council of State.
3. It can only deliberate if the absolute majority of its members are present.
1. The sessions of the Grand Council are public.
2. The Grand Council may decide to hold a closed session in cases provided for by the law [G].
1. Members of the Grand Council may form political groups.
1. The Grand Council has its own services. It may call upon the services of the cantonal administration.
1. Members of the Grand Council freely exercise their mandate.
2. They disclose their connections with interest groups.
1. Members of the Grand Council have the right to freely express themselves within the Council or before its bodies. They may only be prosecuted for their statements in accordance with the procedures established by law [H].
1. Every member of parliament, every group, and every committee has the right to initiate proposals, motions, postulates, interpellations, questions, and resolutions.
2. The administration provides members of parliament with all the information necessary for the exercise of their mandate.
1. Deputies are entitled to remuneration.
1. The Grand Council enacts laws and decrees.
2. It approves international treaties and concordats, with the exception of those that fall under the exclusive competence of the Council of State.
1. The Grand Council acknowledges the legislative program of the Council of State within two months following its presentation.
2. It adopts the master plan and the cantonal sectoral plans.
1. The Grand Council, annually, takes note of the medium-term financial planning and, simultaneously, of the report on indebtedness. At the same time, it adopts, upon proposal of the Council of State
a. the operating and investment budgets;
b. the cantonal tax rate;
c. the maximum amount for new borrowings.
2. It also adopts, upon proposal of the Council of State
a. supplementary appropriations;
b. investment appropriations and their amortization;
c. the acquisition and disposal of assets, to the extent that the law does not delegate this power to the Council of State.
3. The Grand Council approves, annually, the State accounts.
1. The Grand Council elects
a. its own bodies;
b. the judges of the Cantonal Court;
c. the members of the Court of Accounts;
d. the administrative mediator;
e. the Attorney General and the Deputy Attorneys General;
f. the members of the Council of the Judiciary.
2. It designates the members of the judicial nomination commission provided for in articles 131 and 166.
1. The Grand Council exercises high surveillance over the activities of the Council of State, over those of the Council of the Judiciary, and through the latter, over the management of the Cantonal Court and the Public Prosecutor's Office. The independence of judgments is preserved.
2. It pronounces annually on the management of the State.
3. It may decide at any time to investigate a particular aspect of the activities of the Council of State.
1. The Grand Council decides on the participation of the State in legal entities.
2. The law provides for exceptions.
1. The Grand Council grants pardon and amnesty.
2. It exercises the rights of initiative and referendum that federal law grants to the cantons.
3. It participates in inter-parliamentary organizations of its choice.
1. The Grand Council exercises its powers in the form of
a. laws for general and abstract rules of indeterminate duration;
b. decrees for other acts; decisions concerning internal procedure are reserved.
2. It may also express its opinion by means of a resolution.
1. The initiative belongs to the members, the groups, and the commissions of the Grand Council, as well as to the Council of State. The provisions concerning popular initiative are reserved.
2. The acts intended to be adopted by the Grand Council may be drafted either by the Council of State or by the Grand Council itself.
3. Members of the Grand Council and those of the Council of State may make proposals related to a subject under deliberation.
1. The State Council is the supreme executive authority of the canton.
1. The Council of State is composed of seven members elected for a term of five years.
2. Any vacant seat is filled within 90 days unless the general election takes place within six months.
1. The members of the Council of State are elected by the electorate at the same time as the members of the Grand Council.
2. The election is conducted according to the two-round majority system.
1. The State Council appoints its president for the duration of the legislative term, who ensures the coherence of governmental action.
1. The Council of State is a collegial authority.
2. It organizes itself freely within the framework of the law [I].
1. Each member of the Council of State heads a department.
2. The President of the Council of State holds the overall administration, coordinates the activity of the departments, and ensures their proper functioning.
1. The Council of State and the Vaud deputation to the Federal Chambers—or a delegation thereof—shall constitute, according to the modalities set by law [I], a permanent commission for the exchange of information relating to federal affairs, referred to as the "Federal Affairs Conference."
1. Within four months of taking office, the Council of State presents a legislative program to the Grand Council, outlining its objectives, means to achieve them, and its timetable.
2. All members of the Council of State are bound by the content of this program.
3. The Council of State may amend this program during the legislative period; it presents the modifications to the Grand Council, which acknowledges them.
4. At the beginning of each year, the Council of State reports to the Grand Council on the progress of the legislative program.
1. The State Council presents to the Grand Council the projects submitted for its deliberation. It reports on popular initiatives and initiatives from the members of the Grand Council.
2. It enacts rules of law, to the extent that the Constitution or the law authorizes it. It issues the necessary provisions for the application of laws and decrees.
1. The State Council represents the canton.
2. It may independently conclude agreements and international treaties when a law, an agreement, or an international treaty approved by the Grand Council so provides.
3. It may conclude administrative contracts with the Confederation or with other cantons.
1. The Council of State prepares the budget proposal and presents the accounts.
2. It decides on expenditures as well as on acquisitions and disposals of public domain within the limits set by law.
1. The State Council directs the cantonal administration.
1. The Council of State is responsible for public safety and order.
1. The Council of State may, without a legal basis, take all necessary measures to address serious threats or other exceptional situations.
2. The law establishes the procedure for ratification by the Grand Council.
1. The independence of the courts and the Public Prosecutor's Office is guaranteed.
2. Judges and public prosecutors exercise judicial functions in an independent and impartial manner.
3. They cannot engage, in addition to their judicial function, in any activity that may hinder their independence or create an appearance of bias. The rules concerning the composition of mixed courts are reserved.
1. The law determines the number, organization, and jurisdiction of the courts and the Public Prosecutor's Office.
2. No special courts may be established, under any designation whatsoever.
1. The Grand Council provides the judicial authorities and the Public Prosecutor's Office with sufficient resources to ensure the speed and quality of justice.
1. Any judicial decision in civil or criminal matters may be brought before a second instance at the cantonal level.
2. The law ensures that there are no more than two cantonal judicial instances to decide on the merits of the cases.
1. Except for judicial independence, the Cantonal Court and the Public Prosecutor's Office are placed under the high supervision of the Grand Council.
2. High supervision is exercised through the Judicial Council.
1. The Cantonal Court is the highest judicial authority of the canton.
1. The judges and alternate judges of the Cantonal Court are elected by the Grand Council, upon the recommendation of the Judicial Council and a nomination committee.
2. This committee is appointed by the Grand Council. It is composed of deputies.
3. The selection of candidates for the Cantonal Court is primarily based on their legal training and experience. Furthermore, the Grand Council ensures fair representation of different political perspectives.
4. The law governs the appointment of associate judges of the Administrative and Public Law Court and the Social Insurance Court of the Cantonal Court.
5. The judges and alternate judges of the Cantonal Court are elected for a term of five years, starting on January 1st of the third year following the renewal of the Grand Council.
1. The Cantonal Court is autonomous concerning organization, administration, and finances within the framework of the budget adopted by the Grand Council.
2. Each year, it submits its budget and accounts to the Grand Council, through the intermediary of the Council of State.
1. As a judicial authority, the Cantonal Court rules on
a. in the first instance, cases that the law places within its jurisdiction;
b. in the second instance, other cases, with the exception of those that the law expressly entrusts to another authority.
2. As an administrative authority, the Cantonal Court
a. directs and supervises the judicial system;
b. appoints other magistrates and personnel of the judicial system.
1. Judges of the Cantonal Court may express dissenting opinions in judgments and decisions.
1. The Constitutional Court is a section of the Cantonal Court.
2. It
a. reviews, upon request filed within twenty days of their publication, the conformity of cantonal norms with superior law; the law defines standing to sue;
b. judges, on appeal and as the final cantonal instance, disputes relating to the exercise of political rights in cantonal and communal matters;
c. resolves conflicts of jurisdiction between authorities.
3. Its decisions are published.
1. The Public Prosecutor's Office is the authority responsible for conducting the criminal investigation and supporting the prosecution.
2. It enjoys complete independence in the exercise of its legal duties.
1. The Public Prosecutor's Office is autonomous in terms of organization, administration, and finances within the framework of the budget adopted by the Grand Council.
2. Each year, it submits its budget and accounts to the Grand Council, through the State Council.
1. Article 131 applies by analogy to the election of the Attorney General and the Deputy Attorney Generals.
1. The Council of the Judiciary oversees the Cantonal Court and the Public Prosecutor's Office, as well as their magistrates, while respecting their judicial independence and autonomy.
2. It reports to the Grand Council on its activity.
3. Furthermore, the law determines its composition, organization, and powers.
4. The law may assign functions of the Council of the Judiciary to an inter-cantonal authority.
1. Municipalities are public entities endowed with legal personality.
2. Their existence and territory are guaranteed within the limits of the Constitution.
1. In addition to the specific tasks they voluntarily undertake, municipalities assume the tasks that the Constitution or the law assigns to them. They ensure the well-being of their inhabitants and the preservation of a sustainable living environment.
2. The State entrusts the municipalities with tasks that they are better equipped to execute than itself.
1. Communes shall enjoy autonomy, particularly in
a. the management of public property and communal assets;
b. the administration of the commune;
c. the determination, collection, and allocation of communal taxes and duties;
d. local land-use planning;
e. public order;
f. intercommunal relations.
**1. Municipalities are subject to state supervision, which ensures that their activities comply with the law.**
1. Each municipality is provided with a deliberative authority, the communal council or the general council, and with an executive authority, the municipality.
2. The law [J] determines under which conditions it may establish a communal council or a general council.
1. The communal electorate shall include, if they have reached the age of eighteen and are not subject to a general guardianship or a mandate in case of incapacity, due to a lasting inability to make decisions
a. Swiss men and women who are domiciled in the commune;
b. Foreign men and women domiciled in the commune who have resided in Switzerland for at least ten years under a permit and have been domiciled in the canton for at least three years.
2. Political rights comprise participation in elections and popular votes, eligibility for office, and the right to sign initiative demands and, in communes with a communal council, referendum demands.
3. The law [F] specifies the modalities for exercising these rights. Articles 74, paragraph 2 and 76, paragraph 2 shall apply.
1. No one may be a member of both the deliberative authority and the executive authority of a municipality.
2. Senior employees of the municipal administration may not sit on the municipal council.
3. A municipal regulation can limit the combination of a municipal executive mandate with cantonal or federal mandates.
1. The members of the municipal council are elected by the electorate for a term of five years.
2. They are elected, in principle, according to the proportional system; the quorum provided for in Article 93, paragraph 4 applies.
3. In municipalities with fewer than 3,000 inhabitants, the municipal regulations may provide for a majority vote.
1. All members of the electorate may be part of the general council, except the members of the municipality.
1. The municipal council or the general council
a. enacts regulations;
b. adopts the tax decree and the budget, and authorizes extraordinary expenses and loans;
c. decides on inter-municipal collaborations;
d. decides on projects for the acquisition and alienation of real estate;
e. controls management;
f. adopts the accounts.
2. The law [J] may entrust it with other powers.
3. The municipal council or the general council may, by way of motion, oblige the municipality to present a study or a project to it. It may set a deadline.
1. The electorate shall have the right of initiative and, in municipalities with a municipal council, the right to a referendum.
2. The law shall define the exercise of these rights and the subjects excluded from the right of referendum or initiative.
1. The municipality consists of at least three members, including the syndic (mayor), who presides over it. They are elected for a term of five years.
1. The members of the municipality are elected directly by the electorate according to the majority system in two rounds.
2. The syndic or municipal president, chosen from among the members of the municipality, is elected by the electorate according to the same system, no later than one month after the municipal election. The election may be tacit.
3. The law provides for the cases and procedure for the removal of municipal members.
1. The municipality is a collegiate authority. It organizes itself freely.
2. It has all communal competences, except for those assigned by the Constitution or the law to the deliberative authority.
3. The mayor presides over the municipality, coordinates the activity of municipal councilors, and oversees the municipal administration. The law determines its other functions.
1. The State encourages and promotes the mergers of municipalities.
2. For this purpose, Law [K] provides for incentive measures, particularly financial.
3. The State facilitates the merger process; it does not levy any tax or fee in this respect.
4. No merger can occur without the consent of the electorate of each municipality concerned. The votes are held simultaneously.
5. By way of derogation from Articles 144 and 148 of the Constitution, the terms of office of the members of the municipal council and the municipalities of the concerned municipalities may be extended without election until the entry into force of a municipal merger if it occurs within six months following the end of these terms.
1. Under the conditions set by law, the deliberative authority, the municipality, or a portion of the electorate by means of an initiative, may propose a merger with one or more other communes, or a modification of the municipal territory.
1. A federation of municipalities or an agglomeration may propose a merger of the member municipalities.
1. If the need arises and under the conditions provided by law [L], the State may submit the principle of a merger of two or more municipalities or a modification of their territory to the electorate of each of the municipalities concerned.
1. The State encourages collaboration between municipalities, particularly federations.
2. Municipalities may delegate one or more of their tasks to federations, agglomerations, or other types of intermunicipal organizations; they shall ensure to choose the most appropriate form.
3. The law [J] may mandate collaboration when it is necessary for the accomplishment of certain tasks or for an equitable distribution of burdens between municipalities.
4. The law defines the organization, financing, and democratic control of the various forms of intermunicipal collaboration.
1. The federation of municipalities is a public law entity composed of municipalities that are, in principle, contiguous. It has legal personality.
2. The federation is equipped with a deliberative authority and an executive authority. The deliberative authority is elected by the legislative bodies of the member municipalities, the executive authority by the deliberative authority.
3. The federation manages on its own the tasks that the member municipalities delegate to it. These tasks are financed by municipal contributions.
4. A municipality can only be part of one federation, while its participation in other forms of collaboration remains possible.
1. The agglomeration is a public law entity composed of contiguous urban municipalities and includes a central city. It has legal personality.
2. The law defines the organization, financing, and democratic control of the agglomeration by analogy with the rules applicable to federations.
1. The territory of the canton is divided into districts. The law determines their number and establishes the affiliation of each municipality to one of them.
2. The districts are the administrative and judicial entities where, in principle, decentralized tasks of the State are carried out, as they provide local services.
3. They constitute the electoral constituencies.
1. A prefect is appointed by the Council of State at the head of each district.
2. The law [M] defines their duties.
1. By decision of its electorate, any municipality may request to be annexed to another district if it shares a border with it.
2. The law provides for the annexation procedure.
1. Every expenditure must be based on a legal foundation.
1. To achieve their objectives, the State and the municipalities may participate in legal entities or create them. The law determines the modalities for controlling these legal entities.
1bis. The State and the municipalities shall ensure that these legal entities conduct their activities in a manner that at least contributes to respecting Switzerland's commitments in combating climate change and the disruptions it causes.
2. Insurance institutions created by the State are managed autonomously; their capital remains the property of the insured.
1. The management of State finances must be economical and efficient; it aims to mitigate the effects of economic cycles.
2. Before presenting any bill or decree that entails new expenses, the Council of State ensures their financing and proposes, if necessary, the requisite tax or compensatory measures.
1. As a general rule, the operational budget of the State must be balanced.
2. Approval of a deficit operational budget requires the absolute majority of the members of the Grand Council.
3. In the operational budget, revenues must in all cases cover expenses before depreciation.
1. If, in the latest accounts, revenues do not cover expenses before depreciation, the cantonal authorities shall immediately take corrective measures concerning the amount of the excess.
2. Measures that require changes at the legislative level are submitted to the vote of the electorate. For each of these measures, the vote contrasts the proposed legislative amendment against an equivalent increase in the coefficient of direct cantonal tax.
1. The Canton of Vaud is equipped with several authorities ensuring, in complete independence, the oversight of the use of all public funds, particularly from the perspective of compliance with the principles of legality, regularity, effectiveness, economy, and efficiency.
2. These authorities notably include
a. the Court of Accounts, responsible for performance auditing;
b. a body responsible for compliance auditing.
3. The members of the Court of Accounts are elected by the Grand Council.
4. …
1. The State and the municipalities shall levy the contributions provided for by law, namely
a. taxes for the execution of their tasks;
b. fees and charges related to services;
c. incentive taxes, the proceeds of which are entirely redistributed.
2. The tax system shall respect the principles of universality and equal treatment. Furthermore, the tax shall respect the principle of contributory capacity.
3. Tax fraud shall be prosecuted.
4. The law shall compensate for the effects of bracket creep during each tax period.
1. The law determines the fiscal authority of the municipalities. The tax burden must not exhibit excessive disparities between the municipalities.
2. Financial equalization mitigates the inequalities in tax burden resulting from differences in the contributive capacity among the municipalities.
1. The State takes into account the spiritual dimension of the human person.
2. It considers the contribution of Churches and religious communities to social cohesion and the transmission of fundamental values.
1. The Evangelical Reformed Church and the Roman Catholic Church, as established in the canton, are recognized as public law institutions endowed with legal personality.
2. The State provides them with the necessary means to fulfill their mission in the service of all within the canton.
3. The law determines the contributions of the State and the municipalities.
**1. The Jewish Community, as established in the canton, is recognized as an institution of public interest. At their request, the State may grant the same status to other religious communities; it considers the duration of their establishment and their role in the canton.**
1. Each recognized Church or community is governed by its own specific law.
2. Recognized Churches and communities enjoy spiritual independence and are freely organized, respecting the legal order and denominational peace.
3. Recognition is particularly tied to the respect for democratic principles and financial transparency.
1. A total revision may be requested by the Grand Council or through a popular initiative.
2. The request is submitted to the electorate, who decides whether the total revision should take place and, as a subsidiary decision, whether it should be entrusted to the Grand Council or a constituent assembly.
3. If the revision is entrusted to a constituent assembly, the assembly is elected without delay. The provisions for the election of the Grand Council apply, except for those concerning incompatibilities and the term of office.
4. The draft of the new Constitution may include alternatives. The final vote can only take place once the electorate has made choices on all the alternatives.
5. If the electorate rejects the draft of the new Constitution, the body in charge of the total revision shall draft a second one. In the event of a second popular rejection, the revision becomes void.
1. A partial revision may be proposed by the Grand Council or requested by means of a popular initiative.
2. It may concern the revision of a constitutional provision or several provisions if they are intrinsically linked.
1. This Constitution shall enter into force on April 14, 2003.
1. The Constitution of the Canton of Vaud of March 1, 1885, is repealed.
2. Similarly, the provisions of the former law that are contrary to the directly applicable rules of the present Constitution are repealed.
3. For the rest, the former law remains in force as long as the implementing legislation required by the present Constitution has not been enacted.
1. The implementing legislation [N] required by this Constitution shall be enacted without delay but within a maximum period of five years from the entry into force of the Constitution.
2. To this end, the Council of State shall submit a legislative program to the Grand Council before April 14, 2003.
1. The implementing legislation required for the renewal of authorities must be adopted within two years of the entry into force of this Constitution. The renewal will take place in accordance with this Constitution
- in spring 2006 for municipal authorities, the current legislative term ending on June 30, 2006;
- in spring 2007 for cantonal authorities, the current legislative term ending on June 30, 2007.
2. Article 115 (presidency of the Council of State) is applicable from the beginning of the legislative term following the entry into force of this Constitution.
3. Until the entry into force of the new territorial division of the canton (Article 179, paragraph 5), the electoral districts shall be those designated by Articles 45 and 45a of the Law of May 16, 1989 on the exercise of political rights [F], in its version of June 8, 1997. Each district shall have at least two seats.
4. The term of office for judges and substitute judges of the Cantonal Court and the Administrative Court is extended until December 31, 2007.
1. Articles 6bis and 6ter of the Constitution of March 1, 1885, protecting the sites of Lavaux and the Venoge, remain in force as long as they have not been converted into legal standards pursuant to Article 52, paragraph 5 of this Constitution.
2. The cantonal maternity insurance must come into force no later than three years after the entry into force of this Constitution.
3. The implementing legislation for Title VI Communes and Districts must be adopted within two years from the entry into force of this Constitution.
3bis. The implementing legislation required by Article 129 Cst-VD must be enacted no later than the expiration of the deadline provided by Article 130 of the Federal Tribunal Act of June 17, 2005, for the adaptation of cantonal provisions in civil and criminal matters.
4. A premium will be granted to communes that merge within ten years from the promulgation of the law.
5. Within ten years from the entry into force of this Constitution, the Council of State will propose a new administrative division of the canton with a view to reducing the number of districts, taking into account the needs of the population and communication facilities. The number of districts will be eight to twelve.
6. As long as the new finance law is not in force, paragraphs 2 to 4 of Article 48 of the Constitution of March 1, 1885, shall apply.
7. …
8. The status and rights of public endowments with obligations regarding the worship of the Evangelical Reformed Church and the Catholic Church in the communes of Echallens, Assens, Bottens, Bioley-Orjulaz, Etagnières, Poliez-le-Grand, Poliez-Pittet, Saint-Barthélemy, Villars-le-Terroir and Malapalud, as well as the rights and customs established in favor of Catholics in the aforementioned communes, continue to be guaranteed, as provided by Articles 13, paragraph 5, and 14 of the Constitution of March 1, 1885, as long as they are not modified by law.
9. The customary rights of the bourgeoisies, based on Article 81 of the Constitution of March 1, 1885, are reserved, under the arbitration of the Council of State. The persons concerned by the abrogation of this article are informed by official publication.
1. The term of office for cantonal judges as well as that of the Attorney General is extended until December 31, 2024.
1. In the performance of their duties, the State and the municipalities must achieve carbon neutrality by 2050 at the latest. To this end, they develop action plans with intermediate targets for 2030 and 2040.
2. To contribute to achieving carbon neutrality by 2050 at the latest, the pension funds of the State and municipalities governed by public law adopt strategies every five years in terms of responsible and climate-friendly investments.
1. The State and the municipalities shall ensure that legal entities as defined in article 162 paragraph 1, develop action plans for significantly reducing financial flows and investments that contravene Switzerland’s international climate objectives (divestment from fossil fuels), with interim targets set for 2030 and 2040.
2. The State and the municipalities shall ensure that the funds freed up by this divestment are reinvested in activities following the principles of article 52b, while also being socially responsible.
1. The former law remains in force for initiatives and referendums announced before the entry into force of this Constitution.
2. Any initiative requesting the partial revision of the Constitution of March 1, 1885, and announced before the entry into force of this Constitution shall be transformed by the Grand Council into a draft revision of the latter.