Constitutional Jurisdiction Act (LJC) - Purpose (LJG)

1. This law defines the powers of the Constitutional Court (hereinafter: the Court) and regulates the procedure applicable to petitions submitted to it. The organization of the Court is governed by the Judicial Organization Act [B].

1. The Court is composed, subject to special laws, of five judges and two substitute judges appointed by the plenary Court of the Cantonal Tribunal. The composition of the Court takes into account a fair representation of different political sensibilities. The Court ordinarily sits with five judges.

1. The Court reviews, upon request, the conformity of acts adopted by cantonal authorities containing rules of law with higher law.

2. The following may be subject to such a review, if they meet these conditions

a. laws and decrees of the Grand Council;

b. regulations of the Council of State;

c. published directives of a department or service.

3. All communal and intercommunal regulations, orders or tariffs containing rules of law may also be subject to such a review, as may the refusal by the Canton to approve such acts, when such approval is required.

1. Cannot be subject to such control are the cantonal and communal zoning plans, the accompanying regulations, as well as decisions assimilated to cantonal and communal zoning plans pursuant to the applicable law.

1. For cantonal acts, the petition must be filed within a period of twenty days from the official publication of the contested act.

2. For municipal and inter-municipal regulations requiring cantonal approval, the petition must be filed within a period of twenty days from the official publication of such approval or the refusal of approval.

3. For municipal and inter-municipal regulations not requiring cantonal approval, the petition must be filed within a period of twenty days from the posting on the public notice board.

1. If the contested act is subject to a mandatory referendum or the subject of a referendum request, the popular vote cannot take place before the Court has rendered its decision.

1. The application suspends the entry into force of the contested act unless otherwise decided by the Court.

1. The applicant must allege the violation of a higher-ranking legal rule and specify the nature of this violation.

1. Any natural or legal person who has a protectable interest in the annulment of the contested act has standing to sue against a cantonal rule of law.

2. The following also have standing to file a request

a. the Council of State;

b. one-tenth of the members of the Grand Council;

c. one or more municipalities for violation of their autonomy.

1. Standing to challenge a communal or intercommunal legal norm shall be granted to any natural or legal person who has a protectable interest in the annulment of the contested act.

2. The following also have standing to file a request

a. the municipality;

b. one-tenth of the members of the municipal council, one-fifth of the members of the general council, or a political group;

c. the executive board of an association of municipalities, a federation of municipalities, or an agglomeration;

d. one-tenth of the members of the intercommunal council, or a political group;

e. the Canton of Vaud, through the Council of State.

3. Only the municipality, the executive board of an association of municipalities, or a fraction of the legislative authority, as defined in letters b and d above, may appeal against the cantonal refusal to approve a communal or intercommunal regulation. Only the Council of State may appeal against the refusal of a communal authority to submit for approval communal and intercommunal regulations, resolutions, or tariffs containing legal norms for which cantonal approval is required.

1. The filing of the application is subject to official publication without delay.

1. The Court invites the authority that issued the contested act to produce the preparatory work and to state its position on the application; the Council of State and, in the case of municipal acts, the municipality also take a position.

2. The designated reporting judge directs the investigation; moreover, Articles 7, paragraph 1, 9 to 12, 16, paragraph 3, 18 to 21, 26, 27, paragraph 3, 29, 30, 34, 45, 47, paragraphs 2 and 3, 49, paragraph 1, 50, 51, 55, 56, paragraph 2, 57, 78, 79, paragraph 1, 81, paragraphs 1 to 3, 82 and 91 of the Administrative Procedure Act [C] apply analogously.

1. The Court limits its review to the complaints raised by the applicant, unless it appears that the contested act is manifestly contrary to higher-ranking law.

1. The Court rules in a public hearing. However, it may nevertheless decide unanimously to rule by way of circulation.

1. The Court delivers its judgment within six months following the filing of the application.

2. The operative part of the judgment is notified to the parties and published officially without delay.

3. The Court provides the reasoning for its judgment, both in fact and in law, and communicates it to the parties; it is also made public.

1. When the Court declares the challenged act to be in conformity with higher law, it may be enacted or submitted to a popular vote if the challenged act is subject to a mandatory referendum or has been subject to a successful referendum request.

1. When the Court declares the challenged act to be contrary to a higher law, it is annulled. The same applies when only certain provisions are declared contrary, if the Court deems them inseparable from the entirety of the law.

1. When certain provisions are declared contrary to higher law, only those provisions are annulled, provided that the Court considers them separable from the contested act. For the remainder, the procedure continues in accordance with Article 16.

1. The Court has jurisdiction, as the final cantonal instance, over appeals against decisions of the Council of State, the Grand Council, and municipal or general councils in matters of political rights, in accordance with the law on the exercise of political rights [D].

2. The proceedings of the appeal follow the rules established in Article 12.

1. The Court settles conflicts of jurisdiction between

a. the Grand Council and the Council of State;

b. the Grand Council and the Judiciary;

c. the Council of State and the Judiciary;

d. subject to other legal provisions, the civil, criminal, and administrative judicial authorities;

e. the communal or general council and the municipality.

1. Before bringing the matter to the Court, the concerned authorities shall engage in an exchange of views.

1. The concerned parties and the conflicting authorities have the legal standing to bring a case before the Court.

1. Until the entry into force of the revision of the judicial organization law [B] required by the implementation of Articles 130 and following of the Constitution of April 14, 2003 [A], the Plenary Court of the Cantonal Tribunal and that of the Administrative Tribunal sitting jointly designate the five judges and the two alternate judges of the Constitutional Court, including at least three cantonal judges and three administrative judges.

2. The composition of the Court takes into account an equitable representation of the different political sensitivities.

3. The joint plenary courts of the Cantonal Tribunal and the Administrative Tribunal establish the fee schedule.

1. The Law of January 26, 1832, on Conflicts of Jurisdiction Between Executive and Judicial Powers is Repealed.

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 set, by way of an ordinance, the date of its entry into force.