CH-VD
Grand Council Act (LGC) - Legislative Authority (LGC)
Table of Provisions (187)
Statutory Text (187 Articles)
1. The Grand Council is the supreme authority of the canton, subject to the rights of the people. It is the cantonal legislative authority.
2. It exercises its powers in accordance with the Vaud Constitution [A] and this law.
1. Any designation of a person, status, or position in this law refers indifferently to a man or a woman.
1. General elections for the renewal of the Grand Council take place every five years, in the spring, in accordance with Article 92 of the Constitution [B] and the provisions of the law on the exercise of political rights [C].
1. The swearing-in ceremony and the constitutive session of the new Grand Council take place on the last Tuesday of June or the first Tuesday of July following the cantonal elections.
2. The powers of the previous Grand Council remain in effect until June 30.
1. Until the establishment of the permanent Bureau, the initial sessions are presided over by the eldest re-elected member of parliament.
2. The five youngest elected members present act as tellers.
1. Immediately after the expiration of the appeal period, the Provisional Bureau proceeds, by drawing lots from among the elected deputies whose election has not been contested, to constitute a commission of thirteen members whose eligibility is verified by it and which is responsible for verifying the eligibility credentials of the other deputies. One delegate from each party represented in the Grand Council is entitled to attend this draw session.
2. Based on the recommendations of this commission, the assembly composed of declared elected deputies deliberates and decides on each of the elections that have been contested and addressed to the Council of State, after reviewing the report from this authority. The deputy whose election is contested does not participate in the debate or the vote concerning them.
1. Once the verification of powers is completed, the installation of the deputies proceeds during a ceremony organized by the General Secretariat of the Grand Council, in collaboration with the State Chancellery.
2. After the religious service at the Cathedral, the assembly rises and the president of the Provisional Bureau reads out the oath formula as follows
"You promise to be faithful to the Federal Constitution [B] and to the Constitution of the Canton of Vaud [A].
"You promise to maintain and defend, on every occasion and with all your power, the rights, liberty, and independence of your country; to procure and advance its honor and profit, as well as to avoid or prevent anything that could bring it loss or damage.
"You also promise to exercise conscientiously the important office to which your fellow citizens have called you; to give your assent only to legislative proposals that seem to you just, useful, and conforming to the principles of religion and good morals; to give, in all elections in which you participate, your vote to the person whom you believe to be the most honest and most suitable for the position in question; not to disclose facts of which you become aware in the exercise of your functions and which must not be revealed, except at the appropriate time and place; finally, never to exceed the powers that the Constitution grants to the Grand Council."
Upon the call of their name, each deputy raises their right hand and says: "I so promise."
3. Members absent from the installation ceremony solemnize the promise in the same manner at the first session they attend. They may also be sworn in by the Bureau alone.
4. In the oath formula, the words "to the principles of religion" are omitted for any deputy who makes a written request to that effect.
1. Upon entering the Grand Council, each deputy shall indicate to the General Secretariat
a. their professional activities;
b. the functions they hold within administration, management, and supervisory bodies of important foundations, companies, associations, or institutions, Swiss or foreign, under private or public law;
c. the permanent management functions they hold on behalf of important interest groups, Swiss or foreign;
d. the functions they hold within commissions or other bodies of the Confederation, the State, and the Vaud municipalities;
e. the important political functions they exercise.
2. Any changes that have occurred shall be communicated *ex officio* to the General Secretariat, at least at the beginning of each calendar year.
3. Professional secrecy is reserved.
1. The Bureau maintains an up-to-date register of the indications mentioned in Article 8. This register is public.
2. Members of parliament who have personal and direct interests in a matter being addressed by the Grand Council are required to disclose these interests when they speak on the subject during a session of the Grand Council or one of its committees.
1. Members of the Grand Council must neither accept, solicit, nor be promised gifts or other advantages directly or indirectly related to the exercise of their function, whether for themselves or for third parties. Exceptions are customary gifts or advantages of low value.
1. Any member of parliament is entitled to obtain from the Council of State information useful for the exercise of their parliamentary mandate. They may also obtain technical information directly from administrative staff. In case of doubt, the staff member shall inform their hierarchy who, if the former is not authorized to provide the requested information, shall designate the person or persons responsible for doing so.
1bis. In the event of a refusal by an administrative staff member, the member of parliament shall refer the matter to the head of service, who shall designate the person or persons responsible for providing the information.
2. A member of parliament may be refused the following information
- internal documents directly relied upon by the Council of State to make a decision;
- information relating to state security;
- information that must remain confidential for overriding reasons relating to the protection of personality or a secret protected by law.
3. In the event of a refusal based on paragraph 1 or 2, the Council of State shall send a written and reasoned determination to the member of parliament. The latter may then refer the matter to the Bureau, which conducts mediation between the member of parliament and the Council of State.
4. As part of its mediation, the Bureau shall hear the member of parliament and the Council of State. It shall have access to all documents of the Council of State and the cantonal administration that are useful for the mediation.
5. In the event of failure of the mediation, the Bureau shall make a final decision if the refusal of the Council of State is based on paragraph 1. If the refusal is based on paragraph 2, the Council of State may either notify the member of parliament of the maintenance of its refusal or present them with a report.
6. Special provisions relating to the right to information of commissions are reserved.
1. Members of Parliament are subject to professional secrecy in their capacity as Members of Parliament and as members of committees.
2. In this regard, they must treat as confidential any fact or information of which they have become aware in the exercise of their mandate and whose disclosure
a. is restricted by law or by a decision of the competent authority;
b. could harm a preponderant public or private interest or personality rights;
c. would interfere with an ongoing procedure;
d. is prohibited under a closed-door session (huis clos) pronounced by the Grand Council.
2bis. Members of Parliament who, personally or as members of the Bureau or a committee, become aware of information covered by Article 10, paragraph 2 of this law, may not communicate it to other Members of Parliament or to third parties.
3. When it ascertains that facts covered by professional secrecy have been disclosed, the Bureau shall refer the matter to the competent penal authority.
**1. Article 12, Paragraph 3 of this law applies without reservation to the duty of confidentiality of commissions. Furthermore, Article 12 of this law governs the duty of confidentiality of commissions and their members subject to Paragraphs 2, 3, 4, and 5 below.**
2. Commissions may decide that all or part of their proceedings are confidential, particularly to ensure the proper exercise of their duties.
3. Working documents of the commissions, as well as all documents or information submitted to them within the scope of their mandate, are not confidential unless indicated otherwise by their authors. In this latter case, the confidential documents or information may only be communicated or their content revealed to members of the Grand Council with the authorization of the commission.
3bis. Information obtained by the commissions concerning management and finances is confidential. Such information may only be communicated to deputies who are not members of the commissions with the authorization of the latter.
4. All documents intended to reproduce or summarize statements or remarks made in commission, such as session notes, are confidential; these documents may only be transmitted to persons bound by the duty of confidentiality, under the conditions and within the limits set by the regulations [D].
5. The duty of confidentiality of parliamentary inquiry commissions and their members is governed by Article 76 of this law.
1. The immunity of members of parliament is governed by the introductory law to the Swiss Code of Criminal Procedure [E].
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1. A deputy may at any time resign from their mandate by informing the President of the Grand Council in writing.
2. A deputy who refuses to take the oath within the time limit set by the Bureau is deemed to have resigned.
3. When, during the course of the legislature, a deputy loses the status of an active citizen as defined in Article 74 of the Constitution [B], the Grand Council shall, after an investigation by the Council of State and based on the Bureau's advice, ascertain that they no longer meet the eligibility requirements.
4. A by-election shall be held in accordance with the law on the exercise of political rights [C].
1. During the year preceding the complete renewal of the cantonal authorities, the Grand Council shall set, before the vote on the following year's budget, the allowances payable to the deputies and political groups for the duration of the next legislative period. This decision is made based on a proposal from the Bureau, which informs the Council of State.
1. Members of Parliament are not employees; they receive an indemnity
a. for attendance at sessions of the Grand Council;
b. for attendance at sessions of the Bureau, committees, or other meetings or encounters formalized by the Bureau;
c. for travel;
d. special when acting as President of the Grand Council, chairperson of a committee, rapporteur (majority and minority) of committees and sub-committees for the drafting of the report;
e. for meals and accommodation, in exceptional cases defined by the regulations [D];
f. in exceptional cases provided for by the regulations;
g. related to IT expenses.
2. Insofar as all or part of the indemnities of Members of Parliament are subject to social insurance contributions, the State shall pay the entirety of the contributions.
1. The attendance allowance is set per meeting.
2. If, thirty minutes after the scheduled start time of a meeting, the quorum is not reached, the meeting is adjourned. Attendance and travel allowances are owed to the deputies present.
3. Regulation [D] specifies the cases where the allowance is removed or reduced due to the deputy's absence.
4. Allowances for plenary sessions are owed to deputies during absence for maternity, paternity, or adoption, for a duration and under conditions equal to the leave offered to the staff of the State of Vaud subject to the personnel law.
1. The indemnity is based on the duration of the session or meeting (less than two hours, half-day, or full day), according to the terms specified by decree.
2. When the session or meeting takes place on a day of the Grand Council's session but outside of its hours, the travel indemnity is not granted if it has already been paid pursuant to Article 18.
1. Each political group receives once a year a sum comprising
- an equal amount for all groups;
- an amount proportional to the number of members of parliament in the group.
1. The Bureau, representative of the political forces of the Grand Council, is composed of seven members, including the president and the two vice-presidents.
2. The secretary general participates in the meetings with a consultative voice; the chancellor may be invited.
3. For the remainder, the Bureau organizes itself freely, subject to Article 22.
1. The members of the Bureau are elected by the Grand Council for the duration of the legislature. Vacancies are filled as soon as possible.
2. The president and the two vice-presidents, who are members of the Bureau, perform their respective functions for one year. At the end of the presidential year, the president is deemed to have resigned from the Bureau.
3. The election of Bureau members is conducted by list ballot; the election each year of the president and the two vice-presidents is conducted by individual ballot.
4. Elections are held by absolute majority in the first round, and by relative majority in the second round.
5. Bureau members may be exceptionally replaced by another member of their group. Regulation [D] sets the procedures for replacement.
6. In case of a vacancy in the presidency before December 31, the Grand Council elects a new president from the same political group.
7. If the vacancy occurs after December 31, one of the vice-presidents assumes the presidential duties until the end of the term. He is then immediately eligible for the presidency.
1. The Bureau oversees the proper conduct of the proceedings of the Grand Council.
2. It controls the functioning of the General Secretariat. The Secretary-General is subordinate to it, through the President of the Grand Council.
3. It verifies the eligibility credentials of deputies elected during the legislative session.
3bis. It takes all necessary measures for the prevention, awareness, and combating of sexual harassment when individuals are involved in their capacity as deputies, notably by providing for an independent complaint handling procedure.
4. It ensures close collaboration with the Council of State, particularly its presidency.
4bis. It decides on criminal immunities according to the introductory law of the Swiss Code of Criminal Procedure.
5. The other tasks of the Bureau are defined by this law, the regulations, or by decision of the Grand Council. Furthermore, the Bureau carries out tasks that are not expressly assigned to another body of the Grand Council.
1. When the Bureau of the Grand Council observes the prolonged absence of a deputy, the Bureau may invite the deputy to resign and, if necessary, ensure their replacement.
1. The Bureau meets regularly, as often as the matters require, upon convocation by the president or at the request of the majority of its members.
2. The Bureau may decide to invite to one or another of its sessions, in an advisory capacity, persons such as, in particular, the presidents of the political groups represented in the Grand Council, or the presidents of committees on management and finance or thematic issues.
1. The President of the Grand Council
a. ensures the observance of the present law;
b. directs the debates of the Grand Council and the work of the Bureau;
c. represents the Grand Council in official or protocol events or receptions;
d. sets, after consultation with the Bureau and the State Council, the date of the sittings and the list of matters to be deliberated;
e. establishes the agenda, after consultation with the State Council;
f. maintains order and security in the chamber with the support of the ushers and the cantonal police;
g. signs official documents.
2. The President takes part in votes conducted by secret ballot. In other cases, he only casts his vote in the event of a tie, to determine the majority.
1. The Secretariat General of the Grand Council is an independent service, subject to the Bureau of the Grand Council through its president.
2. It is subject to the rules applicable to administrative services, particularly regarding personnel, financial, accounting, and IT matters, subject to the provisions contained in this law.
1. The General Secretariat of the Grand Council provides operational support and logistics to the members and bodies of the Parliament.
2. It also provides strategic support to the bodies of the Parliament.
1. The administrative services provide their support to the General Secretariat of the Grand Council in the accomplishment of its mission.
1. Within five months following its full renewal, the Grand Council shall appoint its Secretary General. It shall do so upon prior notice from the Bureau and for a fixed term of five years commencing on the first of January of the following year. In the event of a vacancy, a successor shall be appointed until the end of the current term.
2. The appointment shall be nominative and made by an absolute majority in the first round, and by a relative majority in the second.
3. Before taking office, the Secretary General shall solemnly make the following pledge before the Grand Council
- "You pledge to be faithful to the Federal Constitution and to the Constitution of the Canton of Vaud, to maintain and defend the liberty and independence of the country, to carry out your duties with conscience, diligence, and fidelity, and to scrupulously comply with the general and specific duties that are or will be imposed upon you by laws and their implementing provisions."
- "You pledge not to disclose facts of which you become aware in the exercise of your duties and which ought not to be revealed, except at the appropriate time and place."
- "You thus pledge to act in all circumstances in accordance with the interests of the State of Vaud and to refrain from anything that could cause it loss or damage."
1. The law on personnel [F] is applicable by analogy to the Secretary General of the Grand Council, subject to the specific provisions provided by this law.
2. The remuneration of the Secretary General of the Grand Council is determined by decree [G].
1. Deputies belonging to the same political party or elected on the same list automatically form a single political group.
2. Other deputies may associate to form a group. They may also be part of an existing group.
3. A political group can only be constituted if it consists of at least five members.
4. The groups are recognized by the Bureau of the Grand Council in office before the start of the legislature and for its entire duration.
1. No group may be created during a legislative session.
2. A group may only be dissolved by the will of its members.
3. A group whose membership decreases to fewer than five members can no longer be represented in committee.
4. If a group is dissolved or can no longer be represented in committee, its members are deemed to have resigned from positions to which they were elected by the Grand Council or appointed by the Bureau as members of the said group. The seats that the group held within the Bureau, the oversight committees, the presentation committee, the visitors committee, and the thematic committees are filled by the Grand Council based on a proposal from the Bureau.
5. A deputy who leaves a group or is excluded from it is deemed to have resigned from the positions to which they were elected by the Grand Council or appointed by the Bureau as a member of the group.
6. Subject to paragraph 3, changes in the number of deputies per group do not alter the distribution of seats in committees among the groups, provided that the functioning of the Grand Council is not significantly and durably affected. If necessary, the Bureau will decide.
1. Members interested in the same subject may, with the agreement of the Bureau, form interparty thematic groups.
2. These groups organize freely. They may utilize the services of the General Secretariat of the Grand Council or another state service to hold meetings.
3. Meetings of these groups do not give rise to any compensation.
1. In collaboration with the State Chancellery, the General Secretariat of the Grand Council organizes the bailiff service.
2. On the days of the Grand Council sessions, the engagement of bailiffs in support of the president, the Parliament, and its bodies is prioritized.
1. The Grand Council shall have its own financial resources listed in the budget.
2. The budgetary procedure decided by the Council of State applies subject to this law.
3. Following the instructions of the Bureau, the General Secretariat drafts a budget proposal, which is forwarded to the Department of Finance for technical advice, and then to the Bureau.
4. The Bureau presents the operating budget proposal of the Grand Council to the latter. The Council of State is informed thereof.
5. To the extent that the Grand Council is concerned by one or more investments proposed by the Council of State, the General Secretariat of the Grand Council is consulted at each stage of the development of the investment budget proposal.
6. The possibility for the Bureau to propose investment credits is reserved.
7. On the proposal of the Secretary-General and after consulting the Council of State, the Bureau sets the staffing level and the resources available to the General Secretariat to accomplish its missions. It proposes the corresponding budget to the Grand Council.
1. The provisions of the finance law relating to supplementary credits apply to those relating to the budget of the Grand Council, subject to the paragraphs below.
2. Any request for supplementary credit for the Grand Council's budget is prepared and processed in accordance with Article 35, paragraphs 3 and 4 of this law.
3. When the supplementary credit is compensated, it is granted by the Bureau if the amount is less than or equal to one million francs and by the Finance Committee if it exceeds this amount.
4. When the supplementary credit is not compensated, it is granted by the Finance Committee on the proposal of the Bureau of the Grand Council. The Finance Committee is informed by the recommendation of the Department of Finance [H].
5. Supplementary credits intended to finance the work of a parliamentary inquiry commission are not compensated. They are granted by the Bureau, which is bound by the needs of the parliamentary inquiry commission, for the entire duration of the commission's work. The Bureau forwards the supplementary credit project for technical advice to the Finance Committee, which convenes without the presence of the State Council, the department in charge of finances, or their representatives. The Finance Committee issues its report within the deadline set by the Bureau.
1. Within the Grand Council, there exist different types of committees. These include oversight committees, thematic committees, and ad hoc committees. Additionally, a drafting committee is established.
2. In exceptional cases, a parliamentary inquiry committee may be established.
1. The Management and Finance Committees are oversight committees.
2. Thematic and ad hoc committees provide recommendations on various legislative acts, reports, motions, and postulates. Exceptionally, the Grand Council may assign this task to one of the committees in charge of management and finances.
3. Additionally, they execute the mandates that the Bureau of the Grand Council entrusts to them pursuant to Article 126a of this law for the purpose of drafting a bill or decree required by a motion.
4. The handling of petitions and pardons is entrusted to a thematic-type committee and is governed by the specific provisions of this law.
1. The committees mentioned in Article 38 are entitled to obtain useful information from the Council of State necessary for the fulfillment of their mission. They may also obtain technical information directly from administration staff or, through the Council of State, from individuals performing public tasks delegated by the State. In cases of doubt, the staff member shall inform their hierarchy, who will designate the person or persons responsible for providing the requested information if the former is not authorized to do so.
2. In the event of a refusal by an administration staff member, the committees shall appeal to the head of service, who will designate the person or persons responsible for providing the information.
3. In the cases provided for in Article 10, paragraph 2, the Council of State may withhold information from the committees.
4. In the event of a refusal by the Council of State or the person required to provide information to the committees, Article 10, paragraphs 3 to 5 apply by analogy.
5. With the agreement of the Bureau and after hearing the head of the relevant department, the committees may appoint experts.
6. The resources of surveillance committees are reserved.
1. Commissions generally sit in the Vaud Parliament, and their members must be physically present. They may hold remote meetings under the conditions set out in paragraphs 4 et seq. of this article.
2. Commission meetings are not public. The confidentiality of debates must be guaranteed. The General Secretariat of the Grand Council is authorized to record them for the purpose of preparing meeting notes, articles 179bis and 179ter of the penal code applying to other situations. Articles 84, paragraphs 1 and 2, and 88 to 90 of this law apply by analogy.
3. Members of thematic committees and ad hoc committees may be replaced by another member of their political group.
4. If extraordinary circumstances require it, any commission meeting may be held remotely. The Bureau of the Grand Council shall rule on the matter, after consulting the political groups.
5. Upon proposal of their presidency, commissions may decide that one or more of their meetings shall be held remotely, under the following conditions
a. the agreement of a two-thirds majority of the commission members;
b. the agreement of the authors of the items on the agenda;
c. the items on the agenda are suitable for remote examination, excluding in particular draft laws or decrees;
d. the commission does not proceed with the hearing of persons external to the State.
6. Remote commission meetings shall be held by videoconference. The videoconference solution used must guarantee the security and confidentiality of the proceedings. Provided by the department in charge of digital affairs, it must be pre-approved by the Bureau of the Grand Council.
7. The General Secretariat of the Grand Council shall make available to members who wish it a room equipped with the necessary means to participate in a remote commission meeting.
1. The president of the committee participates in the vote. In the event of a tie, their vote is decisive.
1. When a seat becomes vacant, it remains allocated to the group to which the departing member belonged.
2. Regulation [D] sets the conditions for replacements within the committees.
1. Any Member of Parliament may submit their observations in writing to a committee. The chairperson of the committee informs the members of this and includes it in their report.
1. Subject to the specific provisions hereinafter, the members of the Council of State attend the sessions of the committees dealing with matters pertaining to their department in an advisory capacity; they may be accompanied by administrative collaborators. The Chancellor of State may also attend the sessions.
2. With the prior agreement of the committee's president, a member of the Council of State may delegate an administrative collaborator.
1. The Council of State has the right to propose amendments and sub-amendments during committee sessions.
1. The Grand Council shall address the committee's reports in a subsequent session, provided that the item has been placed on the agenda, subject to Article 84, paragraph 2. In the latter case, the approval of the committee chairperson is required.
2. At least five days before the debates concerning the item, the committee's written report shall be distributed to the members of Parliament. Exceptionally, the report may be presented orally with the Bureau's authorization; however, the report's conclusions must always be written and distributed.
3. One or more members of the committee may draft one or more minority reports. Minority reports are subject to the same procedure as majority reports, as provided in the paragraph above.
4. If the item is withdrawn before being included in the agenda of a plenary session, the committee chairperson must inform the Bureau of the Grand Council in writing and prepare a communication for the attention of the members of Parliament. The regulations define the procedures.
1. The commissions on management and finance matters are composed of 15 members each, with no alternates.
2. They are elected by the Grand Council at the first meeting of each legislative period, and for the duration thereof.
3. They are constituted by taking into account the respective weight of the political groups.
1. The management and finance committees appoint their chairman and two vice-chairmen annually. Each of these two positions cannot be held for more than five consecutive years.
2. The committees organize themselves.
1. Whenever deemed necessary, but at least once a year, the Bureau convenes the conference of committee presidents in matters of management, finance, and thematic issues to organize and coordinate their work.
1. Members of the Council of State only attend the sessions of the commissions dealing with management and financial matters if they are summoned. This rule applies to thematic commissions mandated by the oversight commissions, in carrying out said mandate.
2. If, during their activity, they handle important matters or discover significant elements, they must hear the relevant department head before concluding their work.
1. At their request, the members of the Council of State are heard before the final drafting of the management report.
1. The head of the department in charge of finances attends sessions of the Finance Commission on matters falling within the competence of the latter under the Finance Act [I].
2. At their request, members of the Council of State may be present during the discussion of the budget, accounts, and additional credits of their department.
3. Before the final deliberations on the commission’s recommendations and the related votes, the commission may request to meet temporarily in the absence of the members of the Council of State or their collaborators.
4. Article 43 is applicable to other matters dealt with by the Finance Commission.
1. The management and finance committees have the right, within the scope of their mandate, to conduct all investigations, including hearings, that they deem useful.
2. To this end, they are entitled to obtain from the State Council, or from the cantonal administration or persons performing public tasks delegated by the State, information useful for the accomplishment of their mission.
3. When they address the cantonal administration directly or persons performing public tasks delegated by the State, they shall inform the head of the department concerned beforehand. The latter may request to be heard before the committees proceed with the envisaged investigation and, exceptionally, to participate in it, subject to unannounced visits.
4. Article 10, paragraphs 2 to 6, is applicable to the management and finance committees.
5. After having informed the Bureau and the State Council, the management and finance committees may also
- mandate the Cantonal Finance Control, in accordance with the provisions of the Law on Cantonal Finance Control [J];
- propose to the Grand Council to mandate the Court of Auditors in accordance with the provisions of the Law on the Court of Auditors [K];
- entrust a mission to a thematic committee;
- mandate experts, in which case the agreement of the Bureau is required;
- request information from third parties; legislation on civil procedure relating to refusal to testify is applicable by analogy.
6. When obtaining information referred to in Article 10, paragraph 2 of this law is essential for the exercise of their missions, the management and finance committees shall designate delegations authorized to obtain this information from the State Council. The latter shall determine the form of communication based on the nature of the information required.
7. The Cantonal Finance Control and the Court of Auditors shall transmit their audit reports to the management and finance committees.
1. Except in cases of emergency, before making a decision within their remit that pertains to the specific area of another commission, the management and finance committees shall consult the relevant commission.
1. The committees on management and finance shall prepare a report every year in which they present comments on the implementation of laws and administration, concerning the previous year and, as necessary, the current year.
2. Deputies who do not belong to the committees may submit their own comments or proposals for investigations to the committees within the timeframe set by the president. The observations accepted by the committees are added to their annual reports.
3. Each of the committee's observations is followed by a written response from the State Council and tracked by the committee.
4. If the response is rejected by the Grand Council, the State Council must present a detailed report before the budget discussion. The rejection of the second response turns the observation into a postulate, directly referred to the State Council. The Grand Council may set a deadline for the State Council's response.
1. The oversight committees each establish an annual report, which are communicated to the deputies and the Council of State within deadlines allowing
- the members of the Grand Council to become acquainted with them and to address them during the political group meetings;
- the Council of State to become acquainted with them and to send its responses to the observations to the deputies within deadlines allowing the latter to become acquainted with them and to address them during the political group meetings.
2. The committees on management and finance also establish specific reports whenever the Grand Council entrusts them with particular mandates within the scope of their mission.
3. They may establish such reports on their own initiative within the scope of their mission, after having informed the Council of State.
1. **The Management Committee:**
- examines the current and past management of the State Council, the Court of Accounts, and the General Secretariat of the Grand Council; it places great importance on the early detection of problems;
- presents a report to the Grand Council on the management of the previous year and, where applicable, on events of the current year insofar as they relate to the management of the previous year;
- monitors the application of laws and the execution of adopted parliamentary interventions;
- monitors the effectiveness and efficiency of the cantonal administration and the measures it has taken;
- monitors the implementation of the strategic and financial objectives that the State Council has set for state participations;
- examines the State Council's annual report and verifies whether previously presented observations have been taken into account;
- executes specific mandates entrusted to it by the Grand Council.
1. If the commissioners responsible for the examination of a department discover facts that do not fall within their mandate but appear important to them, they communicate them to the head of the concerned department and the commission.
2. This communication is considered an internal matter of the commission and cannot be disclosed to other deputies or third parties.
3. The State Counselor concerned informs the commission of the actions taken following this communication.
1. The Finance Committee exercises its own powers in accordance with the Finance Act [I]. In particular, it
- gives preliminary opinions on the budget, financial planning, the debt report, supplementary credits, the State accounts, borrowing limits, the annual tax law and, where applicable, on proposals for restructuring measures, in accordance with Article 165 of the Cantonal Constitution [A];
- is an advisory and preliminary opinion body; it may be consulted by the State Council or one of its members on any proposal with financial implications;
- ensures that observations previously made have been taken into account;
- executes specific mandates entrusted to it by the Grand Council.
1. Within the framework of preparing the budget for the Judicial Order, the Public Prosecutor's Office, and the Judicial Council, the Cantonal Court, the College of Prosecutors, and the Judicial Council communicate their stance on the draft budget to the Finance Committee. A delegation from the Cantonal Court, respectively from the College of Prosecutors and the Judicial Council, has the right to be heard by the Finance Committee or may be summoned by the latter. The representative of the Council of State may provide their own observations.
1. In its report on the budget, the Finance Committee may present observations on the management and financial policy of the budget proposal submitted by the Council of State. These observations shall result in a response from the Council of State within two months following the adoption of the budget.
2. If the response is rejected by the Grand Council, the Council of State must present a new response with the following year's budget. This second response concludes the procedure. The rejection of the second response converts the observation into a postulate, which is directly referred to the Council of State. The Grand Council may set a deadline for the Council of State's response.
1. The Finance Commission regularly informs the Grand Council of the decisions it has made.
2. Article 55 applies by analogy.
1. The thematic committees are generally assigned the handling of explanatory statements and reports from the Council of State, as well as parliamentary interventions for which a committee must be appointed. They may be consulted by the Council of State or one of its members, as well as by any parliamentary body.
2. The list of thematic committees is established by the Grand Council for the duration of the legislative term [L]. Exceptionally, this list may be modified during the legislative term.
3. The members of the thematic committees are appointed by the Grand Council, upon the proposal of the political groups, at the beginning of each legislative term and for its duration. An effort is made to ensure balanced representation of the groups. The Bureau of the Grand Council is responsible for replacing commissioners in case of a vacancy, with members from the same groups.
4. The members of the thematic committees may be replaced by another member of their group. The regulations [D] set the modalities of the replacement.
5. Members of the Bureau of the Grand Council may be members of the thematic committees provided they have been appointed to them by the Grand Council.
1. The Thematic Commission for Legal Affairs is responsible for
a. providing preliminary opinions on parliamentary matters, draft laws, and decrees related to the judiciary;
b. exercising on behalf of the Grand Council high supervision over the Cantonal Court and the Public Prosecutor's Office, on the one hand, and over the Council of the Judiciary, on the other hand, in accordance with the law on the Council of the Judiciary;
c. processing all petitions relating to judicial authorities that are transmitted to it by the Petitions Committee;
d. providing preliminary opinions on all matters assigned to it by the Bureau.
1. A deputy cannot simultaneously sit on the Presentation Commission and the Thematic Legal Affairs Commission.
1. The commission proposes to the Grand Council to dismiss petitions that violate the independence of judgments.
2. Article 107 of the law on the Grand Council is applicable for the remainder.
1. The thematic committee in charge of foreign affairs provides an opinion on legislative acts, reports, motions, postulates, and initiatives concerning the canton's external relations.
2. It provides an opinion in particular
a. on matters concerning the canton's exercise of the rights reserved by Articles 141 and 160 of the Federal Constitution [B];
b. on the annual report of the Council of State on the canton's foreign policy.
3. It may be consulted by the Council of State or one of its members on any matter relating to the canton's external relations.
1. Before concluding or amending a treaty with a foreign entity or an intercantonal agreement associated with multiple cantons, for which approval or modification is subject to mandatory or optional referendum, the State Council shall timely and comprehensively submit the outcome of the negotiations to the Bureau of the Grand Council, which shall then refer the matter to the thematic commission responsible for external affairs.
2. The thematic commission responsible for external affairs may express its position or choose to waive it within a deadline set by the State Council.
3. In an emergency, the State Council may consult the president and vice-president of the thematic commission responsible for external affairs, who shall exercise the powers provided in paragraph 2 of this article. These individuals shall immediately inform the commission.
4. The State Council shall inform the commission of the actions taken regarding its positions.
5. The Convention on the Participation of Cantonal Parliaments in the Development, Ratification, Implementation, and Amendment of Intercantonal Conventions and Cantonal Treaties with Foreign Entities is reserved.
1. The thematic committee responsible for external affairs issues a preliminary opinion on the ratification of treaties and concordats.
1. Notwithstanding Articles 61 and 62, the Bureau may assign to another committee the task of taking a position on the outcome of negotiations or advising on the ratification of a treaty or a concordat, when it raises particular issues.
1. The visitors' commission is composed of seven deputies, with no substitutes.
2. It is elected by the Grand Council at the first meeting of each legislative session, and for the duration of that session. The selection of the commission members is conducted via a list vote, with an absolute majority required in the first round and a relative majority in the second round.
3. Once constituted, the commission organizes itself and appoints its president and vice-president. Each of these two roles can be held by the same person for a maximum duration of five years.
1. The commission establishes a list of experts selected from outside the Grand Council, which is ratified by the Council of State. Article 39, paragraph 5 of this law remains reserved.
1a. The experts intervene at the commission's request to advise it in its work. Their role is consultative.
1b. As a rule, during visits to detention facilities, the commission, or a delegation thereof, is accompanied by one or more experts.
2. The experts are bound by official secrecy.
3. The experts are compensated on the same basis as the deputies.
4. ...
5. Before submitting to the Council of State for determinations the report prepared in accordance with article 63j of this law, the commission convenes the experts to discuss its draft.
1. Members of the Council of State attend the meetings of the commission only if they are summoned.
2. At their request, they are heard before the final drafting of the commission's annual report.
1. The commission examines the conditions of detention in all places of detention located within the canton, following a decision made pursuant to a penal provision or Chapter X, Section 5 of the Federal Aliens Act, which deprives a person of their freedom.
2. The commission, or a delegation thereof, also visits places located outside the canton where persons subject to a decision referred to in paragraph 1 and made by a Vaud authority are detained.
3. The commission is not competent to examine requests or complaints related to criminal or administrative procedures, whether concerning the investigation of such procedures or regarding the decisions or judgments rendered.
1. The commission has unrestricted access, at all times, to all premises of the detention facilities it visits, as well as to all documents concerning the detainees whose conditions of detention it monitors.
2. It may conduct any investigations, including hearings, that it deems necessary. To this end, it is entitled to obtain from the Council of State, the cantonal administration, or persons performing public tasks delegated by the State, the information necessary for the fulfillment of its mission and the presentation of its annual report to the Grand Council.
3. When it directly addresses the cantonal administration or persons performing public tasks delegated by the State, it informs the head of the concerned department in advance. The head may request to be heard before the commission proceeds with the planned investigation and, exceptionally, to participate, with the exception of unannounced visits.
4. In cases of urgency and after discussion in a commission meeting, it transmits any recommendations or observations it considers justified to the competent authority.
5. If, during its activities, the commission discovers important elements that fall within the mandate of the Grand Council's management commission, it communicates its observations to the latter.
1. The commission, or a delegation thereof, shall conduct, in principle once a year, visits to the facilities located both inside and outside the canton where persons subject to a decision referred to in Article 63d, paragraph 1 of this law are held. It shall establish a program of visits.
2. The management of the detention facility shall inform, at least 5 days in advance, the persons deprived of liberty of the commission's visit by posting a notice of the visit in the establishment, which indicates the scheduled date and describes the commission's powers.
3. When preparing to visit a concordat penitentiary establishment located in another canton, the commission shall inform the cantonal penitentiary service, which shall immediately notify the management of the concerned establishment, instructing it to inform the persons deprived of liberty who were placed there by Vaud authorities.
4. If deemed useful, the commission may be accompanied by the head of the penitentiary service or the director of the visited penitentiary establishment, subject to the agreement of the canton to which they belong.
1. The commission, or a delegation thereof, may conduct unannounced visits to detention facilities located in the canton.
2. The commission, or a delegation thereof, may visit these detention facilities at any time.
3. During the visit, the commission, or a delegation thereof, may be accompanied by one or more of the persons indicated in Article 63f, paragraph 4 of this law.
1. Individuals deprived of liberty in detention facilities within the canton or placed outside the canton by a Vaud authority are informed that they can contact the commission by signing up on a list for an announced visit or by sending a letter to the commission.
2. During its ordinary visits, the commission hears individuals deprived of liberty who have made such a request. Exceptionally, it may also hear those who make a request during a visit, whether regular or unannounced.
3. The hearing takes place in the presence of at least two commissioners and, in principle, an expert. It is conducted in private and is not subject to any formal record.
4. The purpose of the hearings is to enable the commission to formulate recommendations and observations, which are included in the annual report prepared in accordance with Article 63j of this law. The commission forwards requests that fall outside its scope to the competent authority.
5. The annual report details the hearings of detainees conducted by the commission and its delegations. It complies with rules related to data protection and confidentiality.
1. The members of the commission are bound to confidentiality regarding all information related to criminal proceedings, the personal records of detainees, and the security arrangements of detention facilities that they become aware of.
2. The working documents as well as all documents or information submitted to them within the scope of their mandate are confidential and cannot be disclosed, nor can their content be revealed to individuals who are not members of the commission.
1. Once a year, the commission presents a report to the Grand Council detailing all visits conducted as well as its observations and recommendations. It is submitted to the Council of State beforehand for its determinations. These determinations are attached to the said report.
2. The commission's secretariat also sends the report to the management of the detention facilities visited, as well as to the heads of the departments responsible for penitentiary matters in the cantons where these detention facilities are located.
1. Subject to the preceding articles, the commission adopts internal regulations establishing its organization. It submits these to the Bureau of the Grand Council for approval.
1. Ad hoc committees are composed of at least seven deputies appointed by the Bureau upon the proposal of political groups.
2. They address specific matters that are not referred to thematic or oversight committees.
3. They are convened by the first appointed member, who acts as the chair and rapporteur unless otherwise decided by the committee.
1. The mandate of the ad hoc committees ceases by operation of law as soon as the Grand Council has made a final decision on the matter referred to them.
1. Every bill or decree, once definitively adopted, may be submitted by the Bureau to a drafting committee which reviews solely its arrangement and form.
2. This committee is composed of
a. the majority rapporteur;
b. two permanent members appointed by the Bureau for five years at the beginning of the legislative term;
c. the head of the department concerned or one of their heads of service;
d. the Secretary General of the Grand Council.
1. If events of great importance so require, the Grand Council, within the scope of its supervisory powers, may establish a parliamentary inquiry commission.
2. Its purpose is to establish the facts, gather additional means of assessment, determine responsibilities, and make proposals.
3. Articles 68, 72, 73, and 76 to 79 apply by analogy to the authorities and judicial staff, as well as to the Public Prosecutor's Office.
1. The investigative commission is established upon the request of twenty deputies, after the Council of State has been consulted, by a decision of the Grand Council which defines its mandate. This decision requires the absolute majority of the members of the Grand Council.
2. The members of the commission are appointed by the Bureau upon the proposal of political groups, all of which must be represented, with Article 32a, paragraph 3 being reserved. The commission elects its own president and vice-president and organizes itself as it sees fit. Even if they are unable to attend, its members cannot be replaced.
1. The independence of judgments is preserved.
1. From the establishment of the inquiry commission, the other parliamentary committees shall cease to deal with the facts and responsibilities the commission is tasked with establishing.
2. Conversely, the establishment of an inquiry commission does not prevent the continuation of other procedures provided by law.
1. The inquiry commission determines, in accordance with its mandate, this law, and the Financial Legislation [I], the procedural and staffing measures required by its investigations.
2. The provisions of the Administrative Procedure Law [N] related to disqualification, provisional measures, and the administration of evidence apply by analogy and are supplemented by the following specific provisions.
3. Minutes are kept of the operations conducted by the commission, under the responsibility of its chairman.
1. Within the scope of its mandate, the investigative commission may
a. request written or oral information from administrative departments, members of authorities, employees of the cantonal administration, and private individuals;
b. order the formal hearing of witnesses and hear any person called upon to provide information;
c. require anyone to produce documents they hold, including any documents from the cantonal administration and the Council of State, as well as administrative files from judicial authorities and the Public Prosecutor's Office;
d. call upon experts;
e. conduct on-site inspections.
2. If it clearly emerges from the mandate or the state of research that an investigation concerns solely or primarily a specific person, the latter may be heard not as a witness but as another person called upon to provide information.
3. Upon request, the cantonal authorities shall lend their assistance to the investigative commissions by providing them with adequate support.
1. Everyone is obligated to testify and produce the required documents.
2. Members of the Council of State and employees of the cantonal administration are required to provide the inquiry commission with all information concerning findings related to their obligations, which they have made because of their position or during the performance of their duties. They are also obligated to indicate documents that may be subject to the inquiry.
3. However, documents and information related to a judicial procedure or an ongoing administrative or disciplinary inquiry ordered by the competent authority are excluded.
1. The right to refuse to testify is governed by the Swiss Code of Civil Procedure [O].
2. The chairman and vice-chairman of the commission may jointly, upon request or with the consent of the individual concerned, exempt any person from testifying, particularly regarding a fact that would be dishonorable to themselves or to one of their relatives, and when the testimony could reveal an industrial or commercial secret. In the case of such an exemption, they shall inform the commission.
1. Any person who, being a witness, makes a false deposition or, being an expert, submits a false statement or report before the commission of inquiry, shall be punished in accordance with Article 307 of the Swiss Penal Code [P].
2. Any person who, without legal reason, refuses to make a statement or to submit documents shall incur the penalties provided for in Article 292 of the Swiss Penal Code.
1. Article 12, paragraph 3 of this law is applicable to the commission of inquiry and its members.
2. If there are serious indications that a member of the commission has violated official secrecy, the Bureau may suspend them from the commission after a hearing. It then arranges for their replacement for the duration of the suspension and refers the matter to the criminal judge.
3. Individuals involved in the inquiry are subject to the same official secrecy as the commission members.
1. State councillors, collaborators of the cantonal administration, and third parties directly affected in their interests by the investigation have the right to be assisted and to participate in the hearings provided for under Article 72, to ask additional questions, and to consult the files, expert opinions, and reports produced, as well as the minutes of the investigative commission concerning them.
2. The commission may deny them the right to attend hearings and to consult documents if the interest of the ongoing investigation so demands. In such a case, these means of evidence can only be relied upon if the parties concerned have been informed of the essential content and have been given the opportunity to express themselves on the matter and to present counter-evidence.
3. Once the investigations are completed and before the report is presented to the Grand Council, the individuals against whom allegations are made must have the opportunity to express themselves on the matter before the investigative commission.
1. Articles 72, letter a), 73, paragraph 2, 76, paragraph 1, and 77, paragraph 1 also apply to former magistrates, state collaborators, and judicial collaborators.
1. The Council of State also holds the rights mentioned in Article 77. It may appoint a representative. Article 77, paragraph 2 is reserved.
2. It has the right to express itself on the findings of the investigation before the committee and in a report to the Grand Council.
1. The investigatory commission presents a report and, if applicable, recommendations and proposals to the Grand Council.
2. The suspension or conclusion of the investigation is subject to a decision by the Grand Council.
1. The Grand Council generally meets outside of school holiday periods
- in weekly ordinary sessions;
- in additional sessions if necessary.
2. Furthermore, it meets in extraordinary sessions if thirty of its members or the Council of State request it, indicating the object of the summons.
1. The Bureau officially convenes the Grand Council.
2. The list of distribution of matters by commission is published.
1. Ordinary sessions take place on Tuesday, and also on Wednesday when reviewing accounts, management, and the budget.
2. Political groups meet regularly, in principle on Tuesday morning.
1. The agenda established by the president is communicated to the deputies before the session.
2. It can be modified by a sovereign decision of the Grand Council.
3. A deputy, supported by twenty others, may request the introduction of a personal intervention in the agenda; the president chooses the time of day when the deputy is given the floor. The intervention, with a maximum duration of three minutes, does not lead to a debate.
1. At the time specified in the summons, the president opens the session. He refers to the oath. He may invoke the divine blessing on the assembly's proceedings in the name of the Grand Council.
1. The General Secretariat of the Grand Council is tasked with registering the attendance of the deputies.
1. The president calls to order the speaker who deviates from the subject or the person who disrupts the session or shows disrespect towards the deputies or members of the government.
2. The president may refuse to give the floor or withdraw it and, if necessary, suspend or adjourn the session.
3. The Grand Council may exclude from the chamber the deputy who, despite being called to order, continues to disrupt the session.
1. The exercise of the right to vote belongs to each deputy and cannot be delegated.
1. The validity of the deliberations and votes of the Grand Council is contingent upon the presence of an absolute majority of the members of the Grand Council.
1. The discussion is organized by the president.
2. Once the discussion is opened, the floor is generally granted in the order of requests, with a speaker not being allowed to have it a second time until a deputy who has requested it has not yet obtained it.
3. This restriction does not apply to the rapporteurs, the State counselors, nor to the deputy who wishes to briefly respond to a personal attack.
4. By regulatory means, other general provisions may be established to the strict extent necessary for the proper conduct and effectiveness of the assembly's proceedings.
1. Any operation of the Grand Council may be interrupted by a motion of order.
2. The motion of order is only considered if it is supported by at least twenty deputies.
3. The motion of order may only pertain to procedural matters before the Grand Council, excluding the substance of the matters dealt with.
4. It may specifically aim at postponing a vote or at referring a matter under discussion back to the committee that examined it or to the Council of State for further information or new proposals. It can also aim for a revote on a matter if the first was marred by a procedural defect.
5. It may aim for an immediate transition to a vote on a matter. In this case, the representative of the Council of State must be allowed to express their views on the substance before the vote on the motion of order.
1. Constitute the subject of deliberations by the Grand Council within the meaning of this section all projects of constitutional revision, law, and decree, as well as reports.
2. Reports within the meaning of this law are subject to a debate after which the Grand Council votes to approve or reject the report. Exceptions are reserved for cases where the law provides that the Grand Council takes note of a report or any other document.
1. The items referred to in Article 92, first paragraph of this law are sent in advance to a commission responsible for examining them and providing its advisory opinion to the Grand Council.
2. In case of urgency, the Grand Council may, by a two-thirds majority, decide to address the matter immediately.
1. Every bill or decree is subject to a debate and a preliminary vote.
2. If the preliminary vote is denied, the bill is rejected.
1. After entering into the matter, the Grand Council proceeds in the first debate to discuss each article of the draft bill or decree.
2. The Grand Council may also decide to discuss the draft by chapter, or even as a whole.
1. In addition to the amendments proposed by the committees in their report, each member of parliament has the right to present amendments and sub-amendments.
2. Any amendment may be withdrawn by its author. However, it may be taken up by another member of the assembly.
1. With the discussion being closed, the president proposes the order in which he intends to conduct the voting.
2. In the event of opposition, the assembly decides.
3. In all cases, the sub-amendments are put to a vote first, followed by the amendments, which may be opposed to each other, and finally the main proposal, whether amended or not.
4. A separate vote on any amendment or sub-amendment may be proposed.
1. Before or immediately after a vote, a deputy supported by twenty members may request a nominal vote.
1. Voting by secret ballot is only conducted for elections, requests for pardons, and requests for the lifting of parliamentary immunity of a deputy.
2. If the number of collected ballots exceeds the number of ballots issued, the vote is void.
1. Every draft constitutional amendment, law, or decree must be subject to at least two debates.
2. The second debate cannot take place before the next session, unless a contrary decision is made by a three-quarters majority of those present.
3. Each article of the draft adopted in the first debate and any new proposals are voted on separately.
4. Unless otherwise decided by the assembly, the president may, if necessary, conduct voting by chapter.
1. A third debate, which cannot take place in the same session unless a contrary decision is made by a three-quarters majority of those present, is necessary when amendments or sub-amendments have been presented and admitted in the second debate.
2. In this case, the vote is exclusively on them, in opposition to the corresponding decisions of the first debate. No new amendment is possible.
1. After the final debate, the President opens the general discussion on the entire bill, as adopted, and the assembly pronounces on it by a definitive vote.
2. The absolute majority of the members of the Grand Council is required for the adoption of
- any law or decree entailing an investment expenditure of more than two million francs or an annual expenditure of more than 200,000 francs committed for ten years or more;
- decrees granting the State guarantee for more than two million francs;
- an operating budget showing a deficit;
- any law or decree entailing an expenditure that exceeds the proposals of the Council of State.
3. The agenda must mention this requirement.
1. After hearing the applicant, the commission responsible for pardons drafts a report and provides its opinion on each request presented to it.
2. Only the commission or one of its members can propose a decree of pardon if the opinion of the Council of State is negative.
3. The commission's report is distributed to each deputy at least five days before the decision on the pardon. It is not read aloud before the assembly.
1. After reviewing the commission's report, the Grand Council votes immediately, without discussion, by secret ballot, on the commission's proposal.
2. If there are differing proposals regarding the extent of the pardon, a vote on the principle of the pardon is held first.
3. If the Grand Council rejects the commission's negative proposal, whereas the Council of State had advised in favor of the pardon, the pardon is considered granted in the sense of the draft decree by the Council of State.
4. If the Grand Council rejects the commission's negative proposal, in line with the Council of State’s advice, the case is referred back to the commission to present, promptly, a draft decree of pardon, after having heard again from the head of the concerned department or their representative. The Grand Council then makes a final decision on this decree, without discussion.
5. The decision of the Grand Council is transmitted without delay to the Council of State for execution.
1. The Grand Council reviews the petitions submitted to it; it is required to respond to them (Art. 31 Cst-VD [A]). Petitions are processed in accordance with the following provisions.
2. The independence of judgments is preserved.
3. The submission and processing of a petition does not in itself have a suspensive effect on any related ongoing judicial or administrative procedures.
1. Any submission of a petition is announced during the next session of the Grand Council. From the time of this announcement, the petitions are made available to the members at the Secretariat General of the Grand Council.
2. After review by the Bureau, petitions formulated in inappropriate or insulting terms are not referred to the committee responsible for petitions; the same applies to petitions for which no author can be identified. Their dismissal without further action is announced to the Grand Council by the president.
1. Accepted petitions are forwarded to the committee responsible for petitions. The committee determines the subject matter of the petition and establishes its conclusions
- by gathering all useful information, notably by seeking the opinion of the authority concerned;
- by generally hearing the petitioner(s) or their representatives.
2. If the committee endorses the petitioners' request, it recommends to the Grand Council that the petition be taken into consideration.
3. If the subject matter of a petition is legislative in nature, the committee responsible for petitions reports to the Grand Council by proposing either to take the petition into consideration, in whole or in part, with a possible referral to a supervisory or thematic committee, or simply to dismiss it.
4. If the subject matter of a petition is of another nature or concerns, in particular, the management of a cantonal or communal authority, or the administration of justice, the committee reports to the Grand Council by proposing either the outright dismissal of the petition, or its consideration, in whole or in part, and its referral to the authority concerned for processing in accordance with legal rules.
1. The debate in the Grand Council on the report prepared by the committee responsible for petitions shall generally occur within four weeks following the dispatch of the report to the deputies.
2. No later than two weeks after the Grand Council vote, the president shall communicate to the petitioners the result of the vote, as well as the report from the committee responsible for petitions.
3. If a petition is taken into consideration by the Grand Council, the subsequent action taken by the relevant authority or body shall be brought to the attention of the Grand Council within three months after the vote to take into consideration.
4. The President of the Grand Council shall inform the petitioners of the measures taken or the subsequent action on their petition considered.
5. A petition may be withdrawn by its author until it is taken into consideration by the Grand Council.
1. Parliamentary interventions, submitted to the President of the Grand Council, are
- questions, which relate to an own or delegated competence of the Council of State;
- interpellations and determinations, which relate to an own or delegated competence of the Council of State;
- postulates, which relate to an own or delegated competence of the Council of State;
- motions, which concern an own competence of the Grand Council;
- initiatives, which concern an own competence of the Grand Council;
- resolutions.
2. Each committee and each group may be the authors of parliamentary interventions. In this case, a member is then designated by the committee or by the group concerned to represent it in the exercise of the rights that this law grants to the authors of parliamentary interventions.
1. The Bureau examines the admissibility of interventions from a legal and formal standpoint and, if applicable, returns them to their authors.
2. If, after discussion with the author, a divergence remains, the Grand Council shall decide sovereignly.
1. Unless provided otherwise by law or decided differently by the Grand Council, the Council of State must respond within a period of one year, at the very least in the form of an interim report.
2. In this latter case, the Grand Council, upon recommendation from the Bureau after consultation with the Council of State and the author of the intervention, sets a new deadline for the Council of State to submit its response.
3. As part of its annual report, the Council of State informs the Grand Council about the matters referred to it that have not been followed up on, despite the deadline to respond or report having expired.
1. During the session held on the first Tuesday of each month, deputies, groups, and commissions may submit concise questions in writing on current topics.
2. On the second Tuesday of each month, the first hour of the afternoon session is dedicated to the State Council's responses to these oral questions. The questioner is allowed to ask a brief supplementary question. Whenever possible, the State Council provides an immediate response.
3. After the State Council's response, the questioner may request that a debate be placed on the agenda of the next session of the Grand Council. This request, which is not subject to debate, must be supported by two-thirds of the deputies present.
4. The regulations [D] set forth the practical arrangements.
1. The simple question consists of a written request for information concerning a specific matter of the Government or its administration, or on current affairs.
1. The Council of State responds in writing within four weeks following the receipt of the question.
2. The Council of State may assign a department to respond to the question.
3. The response, preceded by the full text of the question, is sent to the deputies; it does not give rise to discussion.
1. An interpellation consists of a request for explanations addressed to the Council of State regarding an act of the Government or its administration.
1. The interpellation is justified. Its submission is announced.
2. Once placed on the agenda, the interpellation is only developed upon the express request of its author. If the author makes this request, the development then consists of a brief presentation of the main elements of the interpellation.
3. The Council of State responds within a maximum of three months; a response provided immediately and read aloud is reserved. The floor is given to the author, then the discussion is opened. If the interpellator agrees, the response is considered definitive.
1. The author of the interpellation or any deputy may propose to the assembly the adoption of a resolution. This resolution consists of a declaration or a wish directed at the Council of State and has no binding effect.
2. It is immediately put to discussion.
3. If the resolution is adopted and consists of a wish, the Council of State shall inform the Grand Council within three months of the measures taken in response.
1. The postulate instructs the Council of State to study the feasibility of taking a measure or legislating in a particular area, and to prepare a report. A report may also be requested on any other matter.
1. A postulate, if motivated, sets forth the desired measure or the subject of the requested report.
2. Subject to the following paragraphs, Articles 120a to 122, 124, and 125 are applicable to the processing of the postulate.
3. It does not have binding effect, except for the obligation of the Council of State to analyze a situation and draft a report.
4. If considered, the Grand Council may only refer the postulate to the Council of State.
5. If the report from the Council of State is rejected by the Grand Council, the matter is returned to the Council of State for further analysis and a new report, which becomes definitive.
1. The motion is a proposal submitted to the Grand Council, instructing the Council of State or a parliamentary committee to present a draft law or decree. It is substantiated and outlines the intent of the desired legislation.
2. …
3. …
4. …
1. The motion is addressed to the members of the parliament before being placed on the agenda of a subsequent session. During the oral presentation, the author of the motion briefly presents their conclusions and a summary of their arguments.
2. If the author of the motion exceptionally wishes for it to be handled by a parliamentary committee after its consideration, they must expressly indicate this in their written development, addressed to the president.
1. The motion is referred to a committee tasked with providing a preliminary opinion on its consideration
a. if the motioner expressly requests it in their written explanatory statement, which must then be signed by at least twenty deputies; in this case, there is no debate;
b. by decision of the Grand Council at the request of a deputy or the Council of State.
1bis. In other cases, the Grand Council debates and decides immediately on the consideration of the motion.
2. The decision by which the Bureau instructs a committee to examine and provide an opinion on this motion is communicated to all deputies.
1. The author of the motion is an ex officio member of the committee, unless the motion is referred for examination to a thematic committee of which they are not a member; in the latter case, they are invited to the committee's work with a consultative vote.
2. The committee concludes
a. in favor of the total or partial consideration of the motion;
b. in favor of non-consideration;
c. in favor of transforming the motion into a postulate.
3. If the author of the motion has requested its processing by a parliamentary committee, the committee must, if it concludes in favor of consideration, also indicate whether it recommends referral to the Council of State or, exceptionally, to a committee, in accordance with Article 126a.
1. Upon the proposal of a deputy, the commission, or the Council of State, the Grand Council may, until its consideration, transform a motion into a postulate.
2. Such a transformation is subject to the agreement of the author of the motion when it precedes referral for committee examination or direct referral to the Council of State or exceptionally to a committee after its consideration.
3. The author of the motion may transform it into a postulate until the decision on its consideration. However, in the case of referral to a committee, he may only do so as long as the committee has not completed its work.
1. The author of the motion may withdraw it until the Grand Council makes its decision on whether to consider it.
1. When deciding on whether to take the motion into consideration, the Grand Council may
- take the motion into consideration, in whole or in part;
- not take the motion into consideration;
- set a specific deadline for the response.
2. When it takes the motion into consideration, the Grand Council decides whether to refer it to the Council of State or, exceptionally, to a commission, if the author has expressly requested the latter option.
1. Once accepted, the motion is binding for the Council of State, which must present a bill or decree in the requested sense.
2. The Council of State may accompany this with a counter-proposal, in which case the procedure of Article 132 applies.
1. When the motion taken into consideration is referred to a committee, the Bureau of the Grand Council implements the latter.
2. The committee is tasked with directly presenting a report and a draft law or decree to the Grand Council within the deadline set by the latter. For this purpose, it has access to necessary technical support that can be provided, notably by the administration, subject, in this case, to a reasoned refusal by the Council of State. It seeks external opinions that it deems necessary.
3. The committee may consult interested parties regarding its draft law or decree. It is required to consult the Council of State. The latter submits its opinion within the deadline set by the committee, which is at least two months.
4. The opinion of the Council of State is transmitted to the Grand Council. If applicable, the Council of State may send additional comments to the Grand Council, in view of the debates.
1. The initiative consists of
- proposing a fully drafted bill, decree, or partial constitutional revision;
- proposing to exercise the canton's right of initiative with the Federal Assembly (Art. 134).
1. Subject to the following paragraphs, Articles 120a to 122, 124, and 125 are applicable to the handling of the initiative.
2. The initiative cannot be converted into a postulate.
3. In the event of consideration, the Grand Council cannot refer the initiative to a committee.
1. When the initiative is taken into consideration, it is referred to the Council of State for an opinion within the timeframe set by the Grand Council.
2. The Council of State may, at the same time as its opinion, submit a counter-proposal to the initiative or propose amendments.
3. The initiative and the opinion of the Council of State are submitted to a committee, which reports to the Grand Council.
4. In the presence of a counter-proposal from the Council of State, the Grand Council first decides on the principle of the proposed innovation. If it approves, it then chooses between the text of the initiative and that of the counter-proposal. Its choice constitutes the decision to consider the chosen project. If this choice is for the counter-proposal and the Council of State subsequently withdraws it or it is, in a final vote, rejected by the Grand Council, then a vote to consider the text of the initiative takes place.
5. The author of the initiative may always withdraw it until its final acceptance. Another deputy, a committee, or a group may declare that they will take it up, in which case the procedure continues.
1. The procedure provided for in Article 132, paragraphs 1 and 3, is applicable to the exercise of the rights attributed to the Grand Council by Article 109, paragraph 2 of the Constitution, subject to the provisions set forth below.
2. The draft decree, accompanied by the determination of the Council of State, is submitted for review by a parliamentary committee.
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1. The initiative aimed at exercising the right of federal referendum by the cantons must be supported by at least twenty deputies. It may be submitted at any time to the Bureau. It is immediately transmitted to the Council of State, which then drafts a decree within the time limit set by the Bureau.
2. Article 134 applies for the remainder.
1. Each deputy, each committee, or each group may propose to the Grand Council to formulate a declaration or a wish in the form of a resolution, provided that at least twenty deputies support it. It must be related to a subject under discussion or current events and has no binding effect on its recipient.
2. It is placed on the agenda and discussed before being submitted to a vote.
3. Article 117, paragraph 3 is reserved.
1. The State Council has, in its relations with the Grand Council, the rights and duties resulting from the Constitution [A] and the present law.
2. The State Council must be represented when the Grand Council is in session. Its members are present during the discussion of the management, budget, and accounts of their department.
3. The State Council has the right to participate in the discussions of the Grand Council, subject to Article 91 of the present law.
4. It has the right to withdraw a project or a counter-project presented by it until the final vote. It also has the right to propose amendments and sub-amendments in plenary session.
5. Subject to Article 84, paragraph 2 of the present law, the agenda of the Grand Council is not modified due to the absence of one or another member of the State Council.
1. The Council of State may make a declaration before the Grand Council regarding significant events or issues faced by the canton or the Administration.
2. It informs the President of the Grand Council, who places the declaration on the agenda of the session.
3. The Grand Council may decide to initiate a discussion.
1. Except in exceptional or urgent cases accepted by the Bureau, the Council of State shall submit to the Grand Council
- its draft laws and decrees, as well as its reports or any other similar document, at least four weeks before the first meeting of the commission during which they will be examined;
- the texts of the Council of State's replies to interpellations at least 15 days before the meeting during which they will be deliberated;
- its management report and the State accounts for the past year by May 31 at the latest, accompanied, where applicable, by proposals for remedial measures in accordance with Article 165 of the Cantonal Constitution [A].
2. If the exceptional or urgent nature is not accepted, the matters shall be processed in accordance with the aforementioned respective deadlines.
1. The Council of State provides the President of the Grand Council, with complete and timely information, all the elements necessary to enable the latter, with the support of the Bureau, to establish the planning of the Grand Council's work.
1. Sessions of the Grand Council are public. A gallery is reserved for this purpose.
1. Specific seats are reserved for accredited media.
2. The Bureau is solely authorized to permit journalists to enter the actual debate room. Permission may be temporarily revoked by the president in cases of abuse, subject to appeal to the Bureau.
3. The recording of images and sound or their broadcasting by accredited journalists is generally permitted. They must not disrupt the conduct of parliamentary debates, nor infringe on significant interests or the protection of personal rights.
1. The assembly may, upon the proposal of the president, a deputy, or the Council of State, decide on a closed session for the deliberation of a matter if the protection of significant state interests or reasons related to the protection of personal rights require it. For the elections of members of the Nomination Commission, judges and substitute judges of the Cantonal Court, the Attorney General, Deputy Attorneys General, and members of the Court of Auditors, as well as those of the Council of the Judiciary, a closed session is mandatory.
2. In this event, any person not holding an official position in the room must withdraw. The seats reserved for the public and media are cleared.
3. Those present are bound to confidentiality regarding the deliberations; no photography or audio recording is permitted.
1. Documents pertaining to the deliberations of the Grand Council are, when sent to the deputies, simultaneously addressed to the secretariats of the political groups and to accredited journalists who, if applicable, are required to observe an embargo.
2. Agendas are made available to the public present in the gallery on the days of sessions.
1. The President exercises control over the chamber and calls the public to order if necessary.
2. He may expel, after giving a warning, those who behave in an inappropriate or offensive manner, or those who persist in disturbing the proceedings. For this purpose, he has at his disposal the public force.
3. In the event of persistent disturbances and noisy demonstrations, the President suspends the session and evacuates the public gallery.
1. Commissions may inform the public of the conclusions of their report. They may decide to provide an interim general information. The content of the debates cannot be disclosed, with the expression of the positions of the majority and the minority in their respective reports and the debate in the plenary being reserved.
1. Committee sessions are not public.
1. Parliamentary debates are recorded in full, based on an audio recording, in a Bulletin prepared by the General Secretariat of the Grand Council, which also oversees its printing and dissemination on appropriate media.
2. In matters of pardon, only the conclusions of the report and the voting results are included in the Bulletin.
3. The account of debates held in closed sessions does not appear in the Bulletin of sessions; it is retained in the archives of the General Secretariat of the Grand Council.
1. The Secretariat General submits to each speaker the text of their speeches and gives them a brief period to potentially modify the style, excluding the substance.
2. It is required to reproduce exactly in the Bulletin the ideas expressed in the speeches; it must neither modify nor interpret them, even at the request of the individual concerned.
1. In addition to the full verbatim report of parliamentary debates, the Bulletin notably contains
- bills and draft decrees, explanatory statements, enacted laws and decrees;
- reports from the Council of State;
- committee reports;
- the text of questions and interpellations submitted by members of parliament, as well as the Government's response;
- the text of postulates, motions, and initiatives;
- the text of resolutions;
- the results of votes and elections;
- documents officially read, projected, or distributed during a sitting;
- reactions of the assembly.
1. The General Secretariat prepares a record of the decisions of the Grand Council. It becomes an official document once it has been signed by the president and the secretary-general.
1. Legislative acts are, after the final vote, signed in their original form by the president and the secretary general.
2. The original, bearing the seal of the State, is deposited in the archives.
1. The General Secretariat ensures the organization and filing of records and archives.
2. It takes the necessary measures regarding confidential documents.
1. On the 1st of January of the third year following the renewal of the Grand Council, the latter elects the judges and substitute judges of the Cantonal Court for a five-year term, based on the recommendation of the Judicial Council and the Presentation Commission.
2. The recommendation of the Judicial Council is also required in the case of the re-election of a judge or a substitute judge to the Cantonal Court. In this instance, the Presentation Commission only issues a recommendation if the Judicial Council proposes not to re-elect a judge or substitute judge.
3. The election is conducted by list ballot and separately for judges and substitute judges.
4. The election first concerns the judges and substitute judges leaving office and seeking re-election. Vacant seats are filled through a supplementary election.
5. There is only one round of voting. A candidate who obtains more than half of the valid votes is elected. A candidate who does not obtain this majority may stand for the subsequent supplementary election.
1. When a judge's seat becomes vacant and is not filled internally (Art. 68, para. 1ter LOJV), the Grand Council conducts a supplementary election based on the recommendation of the Council of the Judiciary and the Nominating Commission.
1bis. When an alternate judge's seat becomes vacant, the Council of the Judiciary examines, after consulting the Cantonal Court, whether it should be filled. If so, it submits a recommendation to the Grand Council for a supplementary election and forwards it to the Nominating Commission, in accordance with the law on the Council of the Judiciary. Otherwise, it refrains from filling the position and informs the Grand Council.
2. When the supplementary election concerns only one seat, the election is held by individual ballot; in other cases, by list ballot.
2bis. The election is held in four rounds of voting. The first two take place on the same day. If no candidate is elected, nominations are reopened, in accordance with Article 156 of this law. The third and fourth rounds are based on a new report from the Nominating Commission.
2ter. In the first three rounds, the candidate who obtains the absolute majority of votes from the deputies present is elected. In the fourth round, the candidate who obtains the most votes is elected.
2quater. Blank ballots are counted in calculating the absolute majority.
3. In all cases, the election is held separately for judges and alternate judges.
4. If the candidates obtaining the majority of votes exceed the number of vacant seats, the excess candidates who have received the fewest votes are eliminated.
5. In the event of a tie, a runoff election is held; if it yields no result, the decision is made by drawing lots.
6. Exceptionally, when there is no competition and with the unanimous consent of the assembly, the election may be held by a show of hands.
1. The by-election is announced by at least one publication in the Official Gazette.
2. Candidacies are open at the General Secretariat of the Grand Council for 30 days following the publication.
3. Candidates are required to register themselves; they submit their curriculum vitae, a criminal record extract, and an extract of debt collection proceedings and certificates of loss of goods.
4. The dossiers are submitted to the Council of Magistracy, then forwarded with its recommendations to the Presentation Commission, which makes them available to the deputies.
1. The election of the Attorney General and Deputy Attorneys General is governed by Article 7 of the Law on the Public Prosecutor's Office.
2. The articles of the present law concerning the election of cantonal judges apply by analogy to the election of the Attorney General and Deputy Attorneys General.
1. The Grand Council elects the members of the Court of Auditors for six years, upon recommendation from the Presentation Committee.
2. Articles 154 to 156 are additionally applicable by analogy to the election of the members of the Court of Auditors.
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1. Articles 154 to 156 shall apply by analogy to the election of assessors to the Administrative and Public Law Court as well as to the Social Insurance Court of the Cantonal Court; however, the recommendation of the experts from the Nomination Commission is not required.
1. The Nominations Committee is composed of nine deputies, to whom four independent experts are added for the election to the Court of Auditors.
2. Each political group must be represented on it. Article 32a, paragraph 3 is reserved.
3. It is appointed by the Grand Council at the beginning of the legislative period. The appointment of the members of the Nominations Committee is made by list ballot, with an absolute majority in the first round and a relative majority in the second.
4. The Grand Council appoints the four independent experts with an advisory vote provided for in paragraph 1.
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5. The choice of independent experts is based on their qualifications, which must be such as to ensure that the members of the Court of Auditors meet the conditions laid down by law.
1. The Nominating Commission proposes to the Grand Council the candidates as stipulated by the law on the Judiciary Council to be elected to this institution.
1. The Presentation Committee may summon candidates or request additional information, in order to verify whether the conditions set forth by this law, the law on the Judicial Council, or the law on the Court of Auditors are fulfilled.
1. In the event that the Judicial Council issues a negative pre-advisory opinion on a re-election, the Nomination Committee shall hear the concerned candidate.
1. The Presentation Commission submits its reasoned advisory opinion to the Grand Council, through its Bureau, at the latest one week before the date of the election.
2. For the election of judges and deputy judges of the Cantonal Court, as well as the Attorney General and Deputy Attorneys General, it attaches to its advisory opinion the one prepared by the Judicial Council.
1. Documents provided to the members of the Presentation Commission, as well as all documents or information they become aware of in the course of their mandate, are confidential and cannot be disclosed nor can their content be revealed to non-members of the commission. Documents or information necessary for the election of candidates by the Grand Council remain reserved.
1. Upon the proposal of the Bureau or a deputy, the Grand Council adopts a regulation [D] that specifies its functioning and which is published.
2. Articles 92 and following apply by analogy.
1. By July 1, 2008, the Council Bureau shall submit a draft decree establishing the generalization of the thematic committees provided for in this law.
1. The Law of February 3, 1998, on the Grand Council is repealed.
1. Article 160a applies to the first election of the Judicial Council, in accordance with Articles 58 and 59 of the Judicial Council Act.
1. The Council of State is responsible for the execution of the present law. It shall publish the text in accordance with Article 84, paragraph 1, letter a) of the Cantonal Constitution and shall determine, by way of decree, the date of its entry into force.