Act on the Organisation of Councils and Relations between Powers (LOCRP) - Scope (GORBG)

1. This law establishes the principles for the organization of the Grand Council and the Council of State, and regulates the relations between the legislative, executive, and judicial powers.

2. In this law, any designation of the person, status, or function applies equally to both men and women.

1. The legislative, executive, and judicial authorities exercise their power within the scope of their competencies. Each shall establish its own internal organizational rules.

2. The Grand Council exercises the supreme oversight.

3. The decisions of the executive authorities as well as the judgments of the courts cannot be altered or annulled by the Grand Council and its commissions in the exercise of their supervisory powers.

1. Every Member of Parliament has the right to

a) participate in the deliberations;

b) submit proposals regarding the matter or the procedure;

c) introduce an initiative, a motion, a postulate, an interpellation, a resolution, or a simple inquiry;

d) make a personal statement;

e) propose candidates for an election or appointment.

1. Deputies shall receive an attendance allowance and travel compensation for participating in the sessions of the Grand Council and its bodies, as well as for one faction meeting per session.

2. Deputies who perform a special function or are assigned a special task shall receive an allowance.

3. In special cases, the regulations may provide for the payment of allowances.

1. The Members of Parliament represent the canton. They act according to their conviction for the common good, without being bound by instructions.

1. Upon taking office, each member of parliament receives a basic documentation that enables them to exercise their mandate.

2. The official journal is delivered to them free of charge.

1. Within the framework of this law and subject to official secrecy, deputies have the right to obtain information from members of the Council of State and to inspect the documents necessary for parliamentary activity.

2. In the event of a refusal, the office shall decide after hearing the deputy concerned and the responsible Council of State. They may appeal the decision of the office to the Grand Council.

1. Subject to justified prevention, the deputies shall participate in the sessions of the Grand Council and those of the bodies to which they belong.

1. No deputy may participate in the deliberations before taking the oath or vow; anyone who refuses is considered to have resigned.

1. Members of Parliament shall observe the rules of parliamentary decorum and avoid offensive and insulting statements.

1. Subject to the official secrecy protected by the Swiss Criminal Code, each member of parliament shall inform the presidency in writing of the interests defined in the regulations upon taking office and whenever there is any change.

2. The parliamentary service shall create a public register containing the information provided by the members of parliament. This register shall be published on the official website of the Canton of Valais.

1. During the sessions of the Grand Council and its committees, a member must not participate in the deliberations and must abstain from voting if they, their spouse, their registered partnership partner, their relatives in direct line and collateral line up to and including the third degree, or their in-laws in direct line and collateral line up to and including the second degree have a direct private interest in the matter.

2. The same applies if they are the legal representative, board member, or professional agent of a private law entity that has a direct interest in the matter.

3. This provision does not apply to legislative matters, internal elections within the Grand Council, or the deliberations and final votes on the budget and accounts.

4. Recusal rules do not apply if revealing the existence of a mandate would violate professional secrecy.

5. In case of dispute, the decision is made in the absence of the interested party.

1. The person who is in a situation of recusal shall immediately inform the Presidium of the Grand Council or the commission and state the reason for the recusal. They shall leave the meeting room for the duration of the review of the matter in question, after the Presidium has made an appropriate announcement.

2. The recusal shall be recorded in the register or the minutes.

3. In the case of a dispute within a commission, the bureau shall make a final decision.

4. Disputes arising in the plenary session shall be submitted with a motion for order.

1. A violation of the obligation to recuse does not result in the decision of the Grand Council being invalid.

2. However, if the Grand Council considers it possible that the outcome of a vote was distorted due to a violation of the obligation to recuse, it may decide to hold a new vote, provided that the session in which the final vote took place has not yet concluded.

1. The members of parliament are subject to official secrecy regarding all matters that must remain confidential due to their nature or based on a specific provision.

2. Official secrecy particularly applies to facts that must be kept confidential or treated as confidential to protect overriding public or private interests, safeguard personal privacy, or in consideration of ongoing proceedings.

1. The substitute replaces the impeded member of parliament.

2. The substitute has the same rights and duties as the members of parliament. He receives the same documentation and the same compensations.

3. With the exception of the supervisory commissions, he can be elected to the commissions, where he cannot, however, hold the office of president or vice-president.

1. The governing bodies of the Grand Council are

a) * For the management of discussions and the administration of administrative affairs, the Presidium, which includes the President of the Grand Council and the two Vice Presidents;

b) * For the administration of political affairs, the Bureau, which includes the Presidium and the faction leaders.

c) * ...

d) * ...

2. To the extent that the provisions of this law do not specifically designate the competencies and tasks of the bodies of the Grand Council, these are outlined in its regulations.

1. The commissions, which are organs of the Grand Council within the meaning of this law, perform the tasks delegated to them, review the matters assigned to them, conduct the necessary clarifications, and submit reports and proposals to the Grand Council.

2. Subject to any contrary provisions and resolutions, all matters submitted to the Grand Council shall be preliminarily reviewed by a commission.

3. Before concluding their work, the commission shall provide the Council of State with the opportunity to comment, should they discover new elements or formulate new proposals.

1. The number of members of a commission is generally between five and thirteen.

2. In the designation of the commission, consideration must be given to the parliamentary groups and linguistic regions.

3. The allocation of seats in the supervisory commissions among the parliamentary groups is carried out according to the proportional representation system, by adding the number of their members. This method of allocation is also applied to the thematic commissions.

1. Every deputy may be requested to participate in the committees. They can only refuse their appointment if they are already a member of another committee.

1. The Grand Council issues regulations concerning the organization of the commissions.

2. The office ensures the coordination of the commissions' activities and stays informed about the progress of their work, particularly when it is lengthy and not completed by the end of the legislative term.

3. The Grand Council or the office may set a deadline for commissions to submit their reports and proposals.

1. Deliberations in the committees are to be recorded in minutes as a rule.

2. Unless restricted by official secrecy, all members of parliament may inspect the minutes.

3. The minutes on legislative decrees are, after their entry into force, open to inspection by all persons for scientific research and legal application.

1. Commission meetings and their minutes are not public.

2. The Commission may publish the outcome of its deliberations.

3. The opinion and vote of each Commission member must remain confidential until the completion of its work.

1. The commission informs the Grand Council of its work, the results of the deliberations, and the proposals through its rapporteur.

2. The minority of the commission may also communicate their position through a minority report.

1. Within the framework of their mandate, the commissions, and if applicable, the sub-commissions may

a) request reports and documents from the State Council or the competent department head;

b) inspect the files to which the submitted documents refer;

c) after notifying the competent department head or the President of the Cantonal Court, question administrative officials or members of the judicial authorities about matters within their area of responsibility;

d) conduct inspections;

e) hear representatives of interested parties;

f) * question experts appointed by the State Council or, with the consent of the presidency and after hearing the State Council, appoint new experts, obtain legal opinions, or order new expert reports.

2. The special provisions concerning the supervisory and investigative commissions remain reserved.

1. The Grand Council appoints, at the beginning of each legislative period and generally for its duration, the permanent supervisory commissions for the judiciary, administrative audit, and finances. The regulations may provide for the merger of permanent commissions.

1. The Grand Council establishes the creation of thematic committees in all areas of state activity for its legislative and planning work.

2. The office designates the members of the thematic committees as well as their president and vice-president.

3. The thematic committees have the following tasks

a) Examination of the matters falling within their area in the first reading;

b) Regular review of their area and development of proposals for the attention of the Grand Council.

4. Through the preliminary reporting procedure, the thematic committees collaborate with the Finance and Business Audit Committee in reviewing the budget and the state accounts.

5. The thematic committees report their findings, which concern overall supervision, to the responsible committee.

1. The office establishes special commissions for the examination of each matter to be addressed by the Grand Council.

2. The office defines the powers and mandate, decides on the number of commission members, and appoints these as well as the president and vice president.

1. If serious incidents in the cantonal administration or in the judicial administration require investigations, the Grand Council may, after hearing the Council of State, appoint an investigation committee consisting of five to thirteen members.

2. The Grand Council itself appoints the committee members, along with the president and vice president, and determines their authority.

3. The responsibilities, rights, and duties of the investigation committee are further addressed in Articles 133 and the following of this law.

1. A parliamentary group must consist of at least five deputies. A deputy may belong to only one parliamentary group.

2. The parliamentary groups must be adequately represented in the bodies of the Grand Council.

3. The parliamentary groups are compensated for their activities. Deputies who do not belong to any parliamentary group receive an annual lump-sum compensation.

1. The factions review the matters submitted to the Grand Council and contribute to their efficient handling.

2. In particular, they prepare the elections and submit their candidate proposals to the bureau and the Grand Council.

1. The Grand Council is provided with a parliamentary service, which is independent from the Council of State and the cantonal administration, for the exercise of its duties.

2. Regarding its official activities, the parliamentary service is subordinate to the presidency and operates according to its instructions.

3. Insofar as the powers of the parliamentary service are not stipulated in the regulations of the Grand Council, they are further specified in a duty roster created by the presidency.

1. All decisions concerning the staff of the Parliamentary Service fall under the jurisdiction of the Presidium or, respectively, the Head of the Parliamentary Service.

2. The Head of the Parliamentary Service is proposed by the Office and appointed by the Grand Council.

3. In the event of disputes regarding the hiring or dismissal of staff of the Parliamentary Service, the Office shall make a final decision.

4. The provisions regarding the employment relationship of state officials and employees apply analogously to the staff of the Parliamentary Service.

1. For the examination of specific issues, the Grand Council may request the involvement or assistance of the administration's services or experts.

1. The Grand Council exercises the legislative power in the canton. It possesses any other authority granted to it by the constitution and law.

1. The Grand Council exercises ordinary legislative authority, subject to the rights of the people.

2. It drafts constitutional provisions and legislative decrees, based on a governmental draft and the accompanying explanations.

3. After consulting the State Council, it may independently engage in legislative activities, based on a parliamentary initiative or in the development of a counter-proposal to a popular initiative.

4. It adopts its internal regulations under its own authority.

1. The Grand Council delegates its legislative authority only exceptionally and in compliance with the rules established in the constitution.

1. Constitutional provisions and legislative acts may only be repealed or amended within the limits of the powers and through the same procedure by which they were adopted.

1. The Grand Council drafts constitutional provisions based on its own initiative, a draft from the Council of State, or a popular initiative and submits them to a mandatory referendum.

1. **Legislative Enactments of Limited or Indeterminate Duration Containing Legal Norms Must be Issued Subject to Articles 38, 40, 41, and 42 in the Form of General or Special Laws Subject to Optional Referendum.**

2. **All Provisions of a Generally Abstract Nature that Impose Obligations or Confer Rights on Natural or Legal Persons, as well as Those that Regulate the Organization, Jurisdiction, or Duties of Authorities or Establish a Procedure, are Considered Legal Norms.**

1. The legislative decrees absolutely necessary for the implementation of superior law are issued in the form of implementation laws, which are not subject to a referendum. Article 42 of this law remains reserved.

2. For the execution of superior law, norms deemed absolutely necessary are those that remain within its prescribed framework, further specify the practical application modalities for its implementation, designate the competent authorities, and establish the procedures.

1. The decrees by which the Grand Council approves an agreement, a concordat, or a contract containing legal norms, are enacted in the form of accession laws, which are subject to the optional referendum.

2. Article 42 of this law is reserved.

1. Legislative enactments with a duration of no more than five years, whose implementation brooks no delay, may be declared urgent and must be issued in the form of decrees subject to the facultative referendum.

2. Urgency is particularly present when adherence to the ordinary legislative procedure would result in significant disadvantages or would not allow for the timely implementation of superior law.

1. If a legislative decree contains both provisions that belong in a law or decree and those that are absolutely necessary for the implementation of superior law, only the former are subject to the optional or the repeal referendum.

2. The legislative decree explicitly mentions the provisions that are exempt from the referendum and remain applicable even after a potential rejection by the public.

3. The adjustments and amendments of such a legislative decree are subject to the same rules.

1. Legislative enactments contain a title, considerations relating to constitutional and legal foundations, a referendum clause, final provisions, and, if applicable, transitional and repeal provisions.

2. When drafting enactments, the principles of impact-oriented legislation must be taken into account.

3. The Council of State issues guidelines concerning the requirements for legislative enactments.

1. The Grand Council exercises the administrative and financial powers conferred upon it by the constitution and the law.

2. The administrative and financial decisions of the Grand Council must be made in the form of a resolution. Article 44 of this law applies analogously.

1. The financial authorities of the Grand Council are specifically established in the Act on the Administration and Financial Budget of the Canton and its Control.

2. The financial resources of the Grand Council, particularly those intended for the modernization and enhancement of its personnel and material resources, are provided in the budget.

1. The decisions of the Grand Council that involve expenditures reaching the amount established in the constitution for the optional referendum must contain a justified referendum clause.

1. The Powers of the Grand Council in the Area of Planning are Defined in the Special Laws.

2. If these laws stipulate that the plans or reports of the State Council are to be presented to the Grand Council for information, the latter may express its approval or rejection, request amendments or additions, or refrain from commenting.

3. If the Grand Council refuses to proceed and returns the report to the State Council, it must specify the type of amendments required.

1. The Grand Council conducts the elections and appointments during the May session, which are within its authority based on the constitution and law.

1. The President and the two Vice Presidents of the Grand Council shall be appointed during the inaugural session in the first year of the legislature and during the May session in the subsequent years.

2. The members of the supervisory committees, as well as their Presidents and Vice Presidents, shall be appointed during the inaugural session.

3. The office shall set the date for supplementary or replacement elections.

1. By resolution of the Grand Council, the elections scheduled for the constitutive session may be postponed until the upcoming May session at the latest, provided that not all mandates of the deputies, particularly those of the candidates registered by the factions, have been validated.

1. The Council of State shall inform the Office of the Grand Council in a timely and comprehensive manner about negotiations undertaken with other cantons or countries concerning the adoption or amendment of an inter-cantonal agreement or a treaty with a foreign country.

2. The Office of the Grand Council may entrust a committee with the task of commenting on the guidelines of the negotiation mandate and making recommendations.

3. The Council of State shall regularly inform the committee about the outcomes of its recommendations.

4. Reserved is the inter-cantonal agreement regarding the negotiation, ratification, execution, and amendment of inter-cantonal treaties and agreements of the cantons with foreign countries.

1. The Grand Council meets in Sion.

2. The Grand Council may, exceptionally, schedule a meeting at another location.

1. The newly elected Grand Council assumes its functions at the opening of the constituent session.

2. Until that time, the old Grand Council remains in office.

1. The Council of State convenes the Constitutional Council or the Grand Council for the inaugural session on the seventh Monday following its regular or extraordinary complete renewal.

2. It submits a report on the course and results of the elections as well as on the complaints. It provides the Validation Commission with the election dossiers.

1. Immediately after the publication of the election results by the State Council, the most senior of the newly elected members appoints a provisional bureau, in which all parties having at least one deputy in the Grand Council must be represented.

2. The provisional bureau is specifically tasked with appointing the president and the twelve members of the Validation Commission, among whom, in principle, all parties must be represented.

1. The Validation Commission proceeds to review the protocols of the elections of the Grand Council and the State Council, determines and assesses cases of incompatibility, undertakes investigation measures, and reports on any complaints submitted against these elections. It also reviews the composition of the factions.

2. The Validation Commission is replaced by the Judicial Commission as soon as it is appointed.

1. The first meeting of the constituent session shall be opened under the chairmanship of the longest-serving member.

2. ...

1. After determining the presence of members, the Grand Council deliberates on the reports of the Validation Commission and the Council of State and validates the elections that it recognizes as legally valid.

2. It decides on contested elections in the order of the districts listed in the constitution and on cases of incompatibility.

3. The Grand Council may request an additional investigation from both the Council of State and the Judicial Commission.

4. The deputy whose election is contested must withdraw during the discussion and voting in both the Grand Council and the commission. He cannot be replaced by a substitute.

1. If the Grand Council annuls the elections in a district, it shall simultaneously decide whether the substitutes, provided their election has been declared valid, or, where applicable, the old representatives of this district are entitled to convene in place of the newly elected.

2. This provision is also applicable if the elections have been annulled based on a complaint against the decision of the Grand Council.

3. This provision does not apply to the annulment of the election of the substitutes.

1. The Grand Council can only constitute itself if at least a two-thirds majority of the mandates has been declared valid.

2. It then proceeds to the swearing-in and subsequently to the election of its officials.

1. The examination of the election and the declaration of validity of the election of the members of the Council of State shall occur in the same manner as that of the members of the Grand Council.

2. The members of the Council of State are sworn in by the President of the Grand Council through a roll call.

1. The Grand Council convenes for regular sessions

a) * on the dates set out in the session schedule, generally three times semiannually;

b) * typically on the second Tuesday, Wednesday, Thursday, and Friday of the month.

2. The Grand Council assembles for extraordinary sessions in the cases provided for by the constitution.

a) * ...

b) * ...

1. The office prepares the annual schedule of sessions based on the matters announced by the Grand Council and the Council of State and according to the declared priorities. It determines as promptly and carefully as possible which commission is responsible for handling the matters.

2. On the last Thursday of the months of May and November, the Council of State submits to the President of the Grand Council the semi-annual planning of the matters that are to be handled by the Grand Council.

a) * ...

b) * ...

3. At least ten weeks before the beginning of a session, the Council of State submits to the President of the Grand Council the detailed list of matters it has approved.

4. Upon receipt of this list and taking into account the planning as well as the reports submitted by the commissions, the President convenes the office, the President of the Council of State, and the State Chancellor to finalize the definitive list of matters to be addressed during the session.

1. The President of the Grand Council shall convene the deputies at least 20 days in advance for each ordinary or extraordinary session.

2. A matter not listed cannot be included on the agenda, unless the Grand Council has, upon the proposal of the Bureau and in agreement with the State Council, previously decided on its urgency.

3. The State Council may withdraw a matter before the vote of entry, unless the Grand Council decides otherwise.

4. Matters requiring a committee report are only included in the list after the submission of the report. Urgent cases remain reserved.

1. Sessions of the Grand Council are public.

2. If circumstances require, confidential deliberations may be decided upon.

3. The organs of the Grand Council assist the media in reporting on parliamentary discussions.

1. Opening of the Session: The President of the Grand Council shall ensure that a quorum is present.

2. However, the decisions of the Grand Council are only invalid if a member of the council has previously drawn attention to the absence of a quorum.

3. If a quorum check is requested, the President shall suspend the session and conduct a roll call.

1. The matters to be addressed by the Grand Council are introduced by

a) a motion by one or more deputies;

b) a draft, motion, or report by a parliamentary commission;

c) a draft, motion, or report by the Council of State.

2. Through the mediation of the Council of State, the Cantonal Court, the municipalities, or other organizations submit to the Grand Council those matters that require its approval.

3. Special provisions, particularly concerning applications for pardon, naturalization requests, and petitions, are reserved.

1. The deliberations of the Grand Council on the proposals and drafts of the Council of State and the parliamentary commissions are preceded by a vote on whether to proceed.

2. If proceeding is refused, the matter and the associated interventions are removed from the agenda as resolved.

3. Proceeding is mandatory for matters that must be processed ex officio according to the law, such as popular initiatives, the budget, accounts, and the administrative report.

1. If entry is decided, the detailed consultation is opened.

2. Every member of parliament may submit amendments to the texts under review.

3. The entry debate and detailed consultation may take place in different sessions.

1. After the detailed consultation, the final vote takes place.

2. If the Grand Council rejects the draft in the final vote, the matter is removed from the list of business as completed. The same applies to the related parliamentary motions.

3. Until the final vote, the Grand Council may decide to postpone or refer the matter back to the State Council or to the competent commission.

1. Once a decree has been adopted by the Grand Council, the Parliamentary Service prepares an original version in both French and German.

2. The President of the Grand Council and the Head of the Parliamentary Service sign the original versions of the decree and ensure their forwarding.

1. Decisions of the Grand Council shall be made by an absolute majority.

2. Unless otherwise specified by law, the absolute majority is calculated based on the number of votes cast. Abstentions are not considered when calculating the majority.

3. No deputy is obliged to vote.

4. For procedural rules, the regulations of the Grand Council may provide for larger majorities.

5. In secret ballots, blank and invalid ballots are not considered in the calculation of the majority.

1. Voting shall be conducted electronically. The system records the votes cast during all voting sessions ("Yes", "No", "Abstain"). The voting behavior of council members and the results are displayed on electronic boards.

2. The voting data shall be retained at least until the end of the subsequent legislative period.

3. Provided it is not a secret ballot and the request is supported by 15 members, the members have the right to demand a roll call before the vote. This roll call list shall be distributed immediately and included in the memorial.

1. Elections and appointments within the jurisdiction of the Grand Council shall be conducted according to the majority voting system.

2. Candidates who have received the absolute majority of valid votes are deemed elected.

3. The first three voting rounds are open. In subsequent rounds, no new candidates may be nominated, and in each round, the candidate with the fewest votes is eliminated. In the event of a tie, a runoff election takes place, and if this yields no result, the decision is made by drawing lots.

4. Blank ballots and votes are disregarded in the calculation of the majority.

1. In the first session after their election, the members of the State Council take the oath or make the affirmation before the Grand Council.

1. Members of the State Council must reside in the canton.

1. Except in the case of justified impediment, the members of the State Council must attend all meetings.

1. The Council of State is a collegial authority.

2. Each member must defend the decisions of the collegial authority.

1. The deliberations and votes of the State Council are confidential, unless it decides otherwise.

1. Upon taking office and whenever there is a change, each member of the Council of State declares their interests as specified in the regulations of the Council of State. The State Chancellery compiles a public register of the declared information. This register is published on the official website of the Canton of Valais.

1. The State Council elects its President and Vice President from among its members for a term of one year, according to a rotation established in its regulations.

2. In addition to managing his own department, the President exercises general supervision over the conduct and completion of the affairs.

3. In the event of being impeded, he is replaced by the Vice President or, if the latter is also impeded, by the outgoing President.

1. The State Council allocates the departments among its members and organizes the administration.

2. A regulation approved by the Grand Council establishes the number of departments and their powers, as well as those of the State Chancellery.

1. To plan, coordinate, or prepare significant matters or those involving multiple departments, the State Council may appoint delegations of no more than three members from among its ranks.

2. The administrative tasks of such a delegation shall be carried out by the department led by the delegation's president.

1. The Office handles the administrative affairs of the Presidency and the tasks assigned to it by the State Council.

2. The Office is furthermore entrusted with

a) the organization, preparation, and execution of State Council meetings;

b) the representation, coordination, and administrative duties of the State Council;

c) the relations and coordination with the Grand Council;

d) the information dissemination.

1. The State Chancellor and the Deputy Chancellor shall be appointed by the State Council for a term of four years. In the event of incapacity, the State Chancellor shall be replaced by the Deputy Chancellor.

2. The State Chancellor directs the State Chancellery and the offices, departments, secretariats, and bureaus that are functionally and administratively affiliated with it.

1. The State Council is deemed to pass resolutions validly when at least three members are present.

2. If the State Council is not fully constituted, any member may request to postpone the deliberations.

3. No matter can be addressed without being placed on the agenda, and no resolution can be amended in the absence of the member assigned to review it or to provide a preliminary opinion.

4. Exceptions are made for urgent cases and resolutions made through circulation of the dossier.

1. Without a valid reason for recusal, every member of the State Council must cast their vote in every deliberation.

2. Abstention is permissible.

1. The State Council convenes for regular or extraordinary sessions. The agenda lists all items to be discussed.

2. Decisions are made by an absolute majority of the members present. The President participates in the voting. In the event of a tie, the matter is postponed to a later session, and the President casts the deciding vote only in the case of another tie, provided the State Council must make a decision. If the matter cannot be postponed under the same conditions, the President casts the deciding vote after a second vote.

3. At the request of two members, the State Council must reopen the discussion on a decision already made, provided it has not yet been implemented.

4. The minutes reflect the opinion of the majority; however, each member has the right to have their opinion or vote recorded in the minutes.

1. The Council of State exercises the executive and administrative power in the canton. It possesses all other powers granted to it by the constitution or by law.

2. It directs the policy of the state, coordinates the activities of its members, and decides on jurisdictional conflicts among the departments.

3. It issues its own organizational regulations.

1. In the event of an extraordinary situation, the Council of State may take all measures appropriate to ensure governmental, administrative, and judicial activities to the fullest extent possible.

2. Subject to the special provisions of the law on civil protection and the management of special and extraordinary situations.

3. The Council of State shall submit a report to the Grand Council on the measures taken under these circumstances.

1. The State Council issues in regulatory form the necessary provisions for the application of cantonal laws and decrees.

2. Such norms are considered those that remain within the scope of the law or decree, further specify their practical implementation modalities, designate the competent authorities, and establish the procedures.

1. The legal norms issued by the State Council based on a delegation of authority take the form of a regulation.

2. The legislative decree containing the delegation specifies whether the regulation is subject to approval by the Grand Council.

1. Legislative acts of the State Council that simultaneously include both execution norms and legal norms, based on a legislative delegation, shall also be issued in the form of regulations. Only the latter are subject to approval by the Grand Council, if applicable.

2. The regulation explicitly specifies the provisions that are subject to parliamentary approval. The revocation and amendment of these provisions are subject to the same rules.

1. Within the framework of the legislative process, the Council of State informs the Grand Council about the drafting or amendment of regulations. The competent committee may request that the Council of State submit the draft of a regulation or amendment for consultation.

1. The State Council shall only issue implementing regulations for federal law if such law expressly establishes its jurisdiction.

2. These regulations are issued in the form of an implementing ordinance for federal law.

3. When federal law provides for the temporary or transitional jurisdiction of the State Council without setting a deadline, the latter shall promptly draft the regular legislative proposal and submit it to the Grand Council.

1. The Financial Authorities of the State Council are established in the legislation, particularly in those concerning the management and financial budget of the canton and their supervision.

1. The Council of State maintains the relations of the canton with the federal authorities and other cantons.

2. It ensures, in particular, the cooperation with the Confederation, the cantons, and border regions.

3. It may initiate legal proceedings in the name of the state and represent the Grand Council before the courts, unless the Grand Council decides otherwise.

1. The Council of State submits important drafts of legislative decrees, especially those subject to mandatory and optional referendums, to a consultation procedure. It announces the opening of all consultation procedures on the website of the State of Valais.

1bis The duration of the consultation procedure for legislative decrees is determined based on the importance and urgency of the matter.

1ter In every case, a summary report of the consultation responses is prepared by the pertinent service department. This report, along with the received responses, is published on the website of the State of Valais and forwarded to the relevant commission of the Grand Council.

2. The regulations of the Council of State establish the modalities for applying this provision and specifically designate the persons and groups to be consulted. The Council of State publishes these regulations.

1. The State Council ensures regular, comprehensive, and appropriate information to the public regarding all activities or decisions that might interest them, provided that the general interest or overriding private interests do not oppose this.

**1. Reports within the Meaning of this Law Include Specifically:**

a) *the integrated multi-year planning;*

b) *the budget estimate;*

c) *accounts and administrative reports;*

d) *special reports.*

e) *...*

**2. In the Absence of Specific Provisions, Article 48 Paragraphs 2 and 3 of this Law Shall Apply Mutatis Mutandis to the Handling of These Reports by the Grand Council.**

1. The State Council submits special reports on planning or activities to the Grand Council in a specific report.

2. The Grand Council may request interim reports.

3. The supervisory commissions may demand a written response from the State Council to their reports. This written response shall be submitted to the Grand Council and processed in accordance with Article 48 of this Act.

1. Submissions from the State Council are addressed to the Grand Council along with a message.

2. The message provides a comprehensive overview of the business, particularly regarding its position in the integrated multi-year planning, its compliance with the laws, and the parliamentary initiatives associated with them.

3. It provides information on the outcome of the consultation process, the financial implications, the impact on staffing levels, legislative delegations, as well as the effects on sustainability (economic, environmental, and social) and administrative burden.

4. It also provides information on the impact on municipal finances and municipal autonomy, as well as the project's compliance with cantonal legislation regarding the implementation of the reformation of financial equalization and task distribution between the Confederation, Canton, and municipalities.

5. All sources used are cited in the message.

1. The State Council may issue statements to the Grand Council regarding significant events or issues arising within the canton or its administration.

2. The State Council shall inform the Grand Council of the responses to federal consultations that are of general interest.

3. The Grand Council may request statements as referred to in paragraphs 1 and 2.

4. If these statements are included on the agenda, the Grand Council may conduct a discussion.

1. The State Council attends the sessions of the Grand Council. The Council or its office may require all members to participate in a parliamentary session.

2. The State Council has the right to request the discussion of any business. It, as well as each of its members, may submit proposals.

3. The State Council or one of its members provides statements on all matters it submits to the Grand Council or regarding which it must present a report.

4. The State Council may be assisted by experts. These experts are only allowed to speak if the State Council requests it and the Grand Council approves it.

1. The Council of State may attend the meetings of commissions tasked with examining matters it has submitted.

2. It participates in meetings of other commissions only if it has been invited to do so.

3. The presence of the Council of State is mandatory if the commission requires it or if a legal provision stipulates that the Council of State must be consulted.

4. The Council of State may be represented by one of its members or accompanied by experts or cantonal officials, unless the commission decides otherwise.

5. If a commission, which is not an oversight commission, makes recommendations and new proposals or holds views differing from those of the Council of State, it shall invite the latter to submit its position before concluding its deliberations. If such recommendations are published, the position of the Council of State must also be published at the same time.

1. Every member of parliament, either alone or in conjunction with co-signers, as well as parliamentary committees and factions, has the right to submit a proposal or pose a question to the Council of State in the following forms

a) Initiative;

b) Motion;

c) Postulate;

d) Interpellation;

e) Resolution;

f) Written Inquiry.

2. If a proposal concerns an internal matter of the Grand Council, it will be referred to the appropriate body of the Grand Council in the form of an order motion, a motion, or a resolution.

3. The primary signatory is considered the originator of the proposal.

1. Parliamentary motions are subject to an admissibility review by a body designated by the regulations. The regulations may provide measures to prevent abuses.

2. If the decision is contested, the Grand Council shall decide.

3. The financial impacts of the parliamentary motions are assessed by the State Council as soon as possible, but no later than during the deliberation. For this purpose, an updated overview of the financial impacts (costs and financing) of all motions and postulates adopted by the Grand Council is prepared.

1. Motions, postulates, interpellations, and resolutions can generally only be declared urgent if they have been submitted on the first day of the session.

2. The office decides, after consulting the Council of State, whether the proposal is to be treated as urgent.

3. If urgency is decided, the proposal will be dealt with in the same session.

4. If urgency is not recognized, the proposal will be written off.

1. Parliamentary motions are processed within the deadlines set by the rules of procedure of the Grand Council.

2. The State Council reports each year in a special section of the annual report on the status of motions still to be addressed and on the execution of those parliamentary motions adopted by the Grand Council.

3. On this occasion, the Grand Council declares parliamentary initiatives, motions, and postulates that have been fulfilled or are no longer to be processed as completed or, respectively, written off.

1. A draft of a constitutional article, a legislative decree, or a resolution subject to a referendum may be submitted through a parliamentary initiative.

2. The initiative must be fully elaborated and properly justified.

1. The commission tasked with examining the parliamentary initiative declared significant by the Grand Council may propose amendments to the text or present an alternative draft.

1. The motion is a proposal through which the Council of State is obliged to submit a draft of a constitutional article, legislative decree, or decision that falls within the competence of the Grand Council.

1. The postulate is a request to the State Council to examine a specific issue and to submit a report or proposals.

2. The request may relate to a matter of supervisory control.

3. Measures that fall within the delegated legislative competencies of the State Council, and those that are within its exclusive competence, can only be requested by way of a postulate.

1. An interpellation is a request addressed to the Council of State for information about an important event in politics or cantonal administration.

2. An interpellation can only relate to a single subject matter.

3. No vote is taken after the discussion on an interpellation.

1. A resolution is a written request aimed at having the Grand Council express its opinion on important events.

2. A proposal, which can be the subject of a parliamentary initiative, a motion, and a postulate, must not lead to a vote on a resolution.

3. In the event of exceptionally serious political events for the canton, the President of the Grand Council, in agreement with the Office and the State Council, may propose a draft resolution that has the character of a message to the country.

1. Every member of parliament may address a written question regarding a matter of general interest to the Council of State.

2. The question pertains to only a single subject.

1. Once the Council of State has established the validity of the initiative, it forwards it to the Judicial Commission for examination of its validity.

2. If the Judicial Commission requests the complete or partial invalidity, it immediately informs the Grand Council.

3. If the Judicial Commission requests the validity of the initiative, it forwards it along with its preliminary opinion to the Council of State. In this case, the question of validity may be raised during the substantive examination of the initiative by the Grand Council.

1. The Grand Council decides on the validity of the initiative either immediately upon receipt of the report from the Judicial Commission or during the substantive review of the initiative.

2. The Grand Council may separate an initiative that does not adhere to the unity of subject matter or declare an initiative that partially obviously contradicts the law as only partially invalid, provided that the various parts are themselves valid or that the remaining parts are valid.

3. The decision of the Grand Council shall be published in the Official Gazette.

1. The State Council shall submit the popular initiative to the Grand Council together with a message and applications within one year from the entry into force of the Grand Council's decision regarding its validity or during the year following the transmission of the preliminary opinion of the Justice Commission.

2. If the State Council requests the rejection of the initiative, it may submit a counter-proposal to the Grand Council for assessment. In this case, the Grand Council may extend the deadline by six months.

1. If an initiative in the form of a drafted proposal is declared valid, the Great Council can accept or reject it.

2. If it accepts the initiative, it submits the initiative, together with its recommendation, to the mandatory or optional referendum according to the constitution.

3. If it rejects the initiative, it can recommend the rejection or request the State Council or the commission tasked with the examination to draft a counterproposal.

4. Subject to Article 33, paragraph 4 of the Cantonal Constitution, the Great Council may only make editorial amendments to a drafted initiative.

1. The Council of State, the commission tasked with examining the initiative, and the deputies may request the drafting of a counter-proposal.

2. If the Grand Council accepts this request, it assigns the Council of State or the commission tasked with examining the initiative, with a set deadline, to draft the corresponding texts.

3. The Grand Council first adopts the texts of the counter-proposal in two readings. Then, it decides on the initiative. If it is accepted, the counter-proposal is void. If it is rejected, both the initiative and the counter-proposal are submitted to a public vote.

1. The constitutional initiative in the form of a general suggestion is submitted to the people for a vote, accompanied by a preliminary opinion of the Grand Council, which is adopted in a single consultation.

1. The Grand Council may accept or reject a unified initiative.

2. If it accepts the initiative, it mandates the State Council or the commission entrusted with its review to implement it in the form of a constitutional article, a law, or an administrative act, setting a deadline for completion.

3. If the Grand Council rejects it, it submits the initiative to a popular vote along with an opinion, which is adopted in a single deliberation.

4. If the Grand Council does not agree to a unified initiative with fewer than 6,000 signatures, it may declare the initiative invalid if it cannot be implemented at the legal level or through an administrative act without violating the cantonal constitution.

1. The Grand Council shall decide within a period of two years on the texts of an initiative in the form of a general proposal that has been accepted by the people.

2. If the initiative concerns a total revision, this period shall be extended by two years.

1. The decision of the Grand Council to hold a popular vote on a legislative enactment subject to an optional referendum must be made no later than the last day of the session in which this enactment was adopted.

2. The State Council, the commission tasked with reviewing the enactment subject to the referendum, and the deputies may request a vote of the Grand Council both immediately before the final vote and at the opening of the last meeting of the session.

3. The positive decision published in the official gazette excludes the possibility of a referendum request.

1. The Council of State, via a message, as well as the deputies and committees through a resolution, can propose to the Grand Council to exercise the rights recognized in federal matters by the cantonal constitution.

2. A resolution that demands the exercise of the right to a referendum is, by law, deemed urgent.

1. Petitions are requests from authorities or individuals that include proposals or criticisms and do not need to be submitted in a specific legal form.

1. Clemency petitions and naturalization requests are processed in accordance with special legislation during the May and November sessions.

2. If necessary, and in order to expedite the naturalization procedure, naturalization requests may also be addressed during other sessions.

1. The Cantonal Court submits matters that fall within the jurisdiction of the Grand Council to it through the State Council.

2. In case of disagreements over the budget between the State Council and the Cantonal Court, the latter may, through its president, directly approach the Grand Council. The president may be authorized to participate in the meetings of the Grand Council with an advisory vote.

3. The president of the Cantonal Court has the same right to participate when the Grand Council deliberates on reports from an investigation committee concerning the administration of justice.

1. The President of the Cantonal Court is generally invited to participate with an advisory voice in the deliberations of the committees that deliberate on subjects and questions concerning judicial matters or authorities.

2. The President of the Cantonal Court may submit proposals.

3. In other respects, Article 103 paragraphs 4 and 5 of the present law apply analogously.

1. In the context of exercising superior oversight, the Audit Committee and the Finance Committee may notably

a) request that the State Council release the files and review all files;

b) conduct inspections and visits within the cantonal administration through their sections, generally informing the responsible State Councilor in advance;

c) themselves or through their sections, hear any official of the cantonal administration, with the responsible State Councilor being informed; upon request, the hearing may occur in the absence of the official's hierarchical superior or the responsible State Councilor;

d) request from the Financial Inspectorate the information necessary for the execution of their duties and entrust it with tasks for special audits.

1. The Audit Committee reviews the management of the State Council. It examines in particular the periodic administrative reports of the State Council as well as the special administrative reports that the Grand Council does not assign to another committee for review.

2. It examines in particular the status of pending motions and postulates.

3. The decrees and decisions of authorities or departments cannot be annulled or altered by either the Audit Committee or the Grand Council.

**1. In the context of exercising supervisory authority, the Judicial Commission may, specifically:**

a) *hear the representatives of the public prosecutor's office and the members of the judicial authorities and the judicial council, generally after contacting the Attorney General, the President of the Cantonal Court, and the President of the Judicial Council;*

b) *demand the release of administrative files from the public prosecutor's office, the judicial authorities, and the judicial council and inspect them.*

**2. The Judicial Commission may exercise the rights provided for in Article 130.**

1. The supervisory commissions shall inform each other of important findings that do not fall within their own jurisdiction.

**1. The Investigation Commission acts, in the broadest sense, within the framework of its investigatory powers to clarify actions falling within its jurisdiction. It may specifically:**

a) Interview witnesses and request the submission of files;

b) Question individuals who are summoned to provide information;

c) Request written or oral information from administrative departments, members of authorities, officials of the cantonal administration, and private individuals;

d) *With the consent of the presidency, involve experts when the task requires special knowledge;

e) *Demand the submission of all documents from the cantonal administration and the Council of State, as well as administrative files from the public prosecutor's office, the judicial authorities, and the judicial council;

f) Conduct on-site inspections.

**2. Evidence collection is furthermore regulated by the Swiss Civil Procedure Code.**

**3. As long as the report has not been published, all participants of the sessions and hearings are subject to confidentiality. The provisions on the confidentiality of commission meetings remain applicable even after the report has been submitted.**

**4. The Commission may decide to inform the public about its work during the investigation.**

**5. Should the Commission encounter facts during the investigation that indicate a criminal act which must be prosecuted ex officio, it shall file a report.**

1. Persons involved in the investigation shall be notified by the Commission.

2. The persons involved have the right to participate in the gathering of evidence and to review the files, as long as this is compatible with the smooth conduct of the investigation. The persons involved may be represented by a lawyer.

3. Upon completion of the investigations and before the presentation of the report, the accused persons shall be informed. They have the opportunity to review the portion of the draft that concerns them and to express their views within a reasonable period.

1. The investigation file is confidential, subject to any potential civil or criminal proceedings against the members of the commission.

2. The file shall be retained for ten years.

1. To the extent that members of parliament and members of commissions, as well as other individuals participating in meetings, gain knowledge of statements or dossiers that are subject to official secrecy as defined in Article 14 of this law, they are bound by the same confidentiality.

1. Members of the Council of State and individuals from the cantonal administration can only be released from their duty of official secrecy and authorized to provide documents subject to official secrecy for inquiries by commissions and their committees by the Council of State. Articles 136 and 137 are reserved.

2. The Council of State may submit a special report instead of disclosing official documents if it is essential to protect an official secret.

3. The Attorney General, as well as the President of the Cantonal Court and the President of the Judicial Council, have the same authority if the request originates from the Judicial Commission.

1. To the extent necessary within the framework of higher supervision, the supervisory commissions and their sections may, after the submission of any report in accordance with Article 135 paragraphs 2 and 3 and after hearing the Council of State, the Attorney General, the President of the Cantonal Court, or the President of the Judicial Council, inspect the records subject to official secrecy.

2. Authorities cannot refuse access to such records by citing official secrecy.

1. A release from official secrecy pursuant to Article 135 is not required for requests for information and document release, nor for hearings by the parliamentary investigation committee.

2. The parliamentary investigation committee, after consulting the Council of State, the Attorney General, the President of the Cantonal Court, or the President of the Judicial Council, shall determine which documents or statements are subject to official secrecy according to Article 14 of this law.

1. The State Council organizes the official publications through the Official Gazette, which is published weekly in French and German. It may appoint a publisher for this publication; however, the state remains the owner of the published texts and the materials used for their publication in all cases.

2. The publication of legislative decrees is carried out centrally via an online platform, which is publicly accessible on the official website of the Canton of Valais (Publication Platform). They are only considered known and binding when they have been published in the official legal collection of the Canton of Valais on the Publication Platform. The text of the publication of these decrees mentions the number of signatures required for a referendum request and the referendum deadline.

3. The other resolutions of the Grand Council, as well as the results of elections and appointments, are published either in the Official Gazette or in the Grand Council's Memorial. The presidency decides on this in agreement with the State Council.

1. The State Council shall issue the modalities for the online publication (publication platform) of the cantonal collections of laws by means of regulations.

2. ...

3. ...

1. The State Council decides on the publication of legislative enactments (promulgation) and enacts them through a resolution, provided that the enactment does not contain all provisions for this purpose itself.

2. As a rule, legislative enactments cannot be enacted before their publication.

1. The State Council issues by regulation all other provisions regarding official publications and cantonal legislative and administrative acts.

**1. Upon its entry into force, all existing provisions that conflict with this law are repealed, specifically:**

a) Article 77 of the Law on Elections and Voting of May 17, 1972;

b) Articles 39 paragraph 2, 41, 42, and 43 of the Law on Management and Financial Budget of the Canton of Valais and its Control of June 24, 1980.

**2. This law shall replace the provisions it repeals and to which the current legislation refers.**

**3. The Introductory Act to the Swiss Criminal Code of May 16, 1990, is also amended.**

1. Commissions already appointed at the time this law comes into force shall remain in existence. The new commissions shall be appointed during the first session following the enactment of this law and shall replace the existing commissions, if applicable.

1. The State Council is tasked with adapting the list of legislative enactments to the new designations described in Articles 42 and 57 of the Cantonal Constitution, as well as in Articles 39 to 42 and 88 to 91 of this law, by resolution.

2. Other material adaptations to the new constitutional law must, in principle, be made simultaneously with each amendment to the law.

1. This law is subject to an optional referendum.

2. The State Council shall set the date for the entry into force of this law simultaneously with that of the regulation of the Grand Council adapted to the new law.