Municipalities Act (LCo) - Scope (GEMG)
Table of Provisions (162)
Statutory Text (162 Articles)
1. This law shall apply, subject to contrary provisions in specific legislation, to the following public law entities, hereinafter referred to as "public law entities"
a) the civil municipalities;
b) the civic communities.
2. In this law, any designation of a person, status, or function is applicable equally to both men and women.
1. Public law corporations are independent in all their tasks that they undertake on their own in the public interest. Furthermore, they are independent within the legal limits for all delegated tasks.
2. They may issue a municipal organizational regulation as well as other regulatory provisions, provided that the legislation does not govern the matter or does not conclude it definitively, or if they are expressly authorized to legislate. They may impose fines or reprimands in the case of violations.
3. They elect their authorities, appoint their employees, and manage themselves independently.
1. The municipality exercises its authority over the territory assigned to it by tradition or by the Grand Council, as well as over the corresponding population.
2. The territory of the municipality is guaranteed, subject to Article 26 of the Constitution.
3. Minor changes to intercommunal boundaries are subject to the approval of the general assembly and the Council of State.
1. In each local municipality, there are the following organs
a) a citizens' assembly, as the decision-making body;
b) a municipal council, as the executive body.
2. The citizens' assembly may be replaced by the general council, except in electoral matters. This is subject to the referendum as provided in Articles 68 and 69 of the present law.
1. The name and coat of arms of the municipalities can only be changed by an original assembly resolution approved by the State Council.
1. Subject to cantonal and federal legislation, the municipality has the following powers in particular
a) the administration and control of municipal finances;
b) the local police;
c) local planning and construction;
d) the construction and maintenance of municipal buildings, alleys, streets, and pathways;
e) the supply of drinking water, the discharge and treatment of wastewater, waste treatment;
f) fire protection;
g) environmental protection;
h) education in kindergarten, primary and orientation schools;
i) the promotion of social welfare;
j) social assistance and guardianship services;
k) the promotion of cultural and sports activities;
l) the promotion of the local economy;
m) energy supply;
n) the residents' register;
o) the decision on measures in possible emergencies for the supply of energy, food, and other absolutely necessary products.
1. Two primary assemblies are held each year, one before December 20th for the general approval of the budget estimate and one before June 30th for the approval of the accounts.
2. In the event of the rejection of the budget estimate or the accounts, they are referred back to the municipal council for reconsideration. A second primary assembly must be convened within 60 days to deliberate again. If there is a second rejection, the state council will decide within 60 days.
3. Upon the renewal of the municipal council, the approval of the budget estimate may be postponed by 60 days.
**1. The president, the municipal council, or at least one-fifth of the citizens eligible to vote in the municipality may request the convening of a general assembly to examine a matter for which it is competent.**
**2. The request from one-fifth of the voters shall be submitted in writing, mentioning the subject matter to be addressed. The withdrawal of signatures is irrelevant once the request has been submitted.**
**3. The municipalities may reduce this threshold to one-tenth by means of an organizational regulation.**
1. The original assemblies are convened at least 20 days prior to the meeting date through public posting.
2. The municipal council or the local organizational regulation may provide for additional forms of notification.
1. The notice of meeting must contain the agenda of the assembly.
2. The assembly can validly deliberate only on the items provided in the agenda. Other raised questions can only be discussed if the assembly deems it appropriate.
3. In an extraordinary general assembly convened upon request, the item mentioned in the request must be given priority treatment.
4. With the consent of the assembly, the municipal council may withdraw an item from the agenda.
1. The general assembly shall be convened on the days and hours customary in the municipality. No assembly, however, may be convened after 9:00 PM, with the exception of citizen assemblies, which follow the general assemblies.
2. The date of an extraordinary general assembly convened upon request must be set no later than within 30 days from the day the request was validly submitted to the president or to the municipal office. The applicant may request a receipt acknowledgment.
1. The sessions of the General Assembly are public. The Assembly may decide to exclude the public if an overriding public or private interest demands it.
2. Third parties attending the General Assembly must be positioned in such a way that they do not obstruct the orderly conduct of the proceedings, particularly the accurate determination of the voting results. They are not entitled to speak and must behave appropriately. Otherwise, they may be expelled from the chamber.
1. The validly convened general assembly is capable of passing resolutions regardless of the number of citizens participating. Furthermore, the provisions of the legislation concerning elections and voting are applicable.
1. The President conducts the proceedings and manages the assembly's order. In the event of an impediment or recusal, he is replaced by the Vice President or, if absent, by another member of the municipal council designated specifically for this purpose.
2. The municipal clerk records the minutes. If the clerk is unable to do so, the minutes are taken by another person designated by the municipal council.
1. Regulations submitted to the General Assembly for approval must be made available to the public free of charge at the municipal office.
2. The municipal council may decide to publish the draft regulations on the municipality's website or to distribute them to each household of eligible voters or to each qualified voter.
2bis For each matter submitted to the General Assembly for approval, the municipal council shall provide the public with useful information and documents free of charge at the municipal office and, where possible, on the municipality's website. If there is no publication on the website, citizens may obtain useful information and documents electronically.
3. The availability must coincide with the convening of the General Assembly.
1. During the convocation period of the primary assembly and the general council, the budget and the financial statements shall be available at the municipal office for inspection by the voters until the day of the assembly.
2. During the period of availability of the financial statements, every voter has the right to inspect the supporting documents of the municipal financial statements, with the exception of tax dossiers and considering the provisions of the Data Protection Act.
3. The financial statements and the budget shall be submitted in two copies or electronically within 60 days after their approval by the primary assembly to the department responsible for the supervision of municipal finances.
1. Except in election matters, the general assembly deliberates publicly and makes its decisions by a majority of the votes cast, usually by a show of hands. Abstentions are not considered when calculating the majority.
2. If a proposal is made and accepted by the municipal council, or if one-fifth of the assembly decides, a secret ballot on a specific issue will be conducted. The municipal council then decides whether to postpone the ballot to a later date or to conduct it during the session. In the latter case, the provisions of the legislation regarding elections and ballots concerning the opening and duration of the ballot do not apply.
3. In all cases, the municipal council may decide on a secret ballot in the manner provided for by the legislation on elections and voting.
4. Regulations are submitted to a vote either article by article, or, if the majority of the assembly decides, chapter by chapter or as a whole.
5. In the case of voting by article, a decision by the assembly is made only if multiple proposals are made. In this case, the original text is first compared to the proposal made during the assembly, and then, if applicable, to the municipal council's counterproposal. If multiple amendment proposals are made, they are compared to each other first in an order established by the president of the assembly. In the event of a tie, the text proposed by the municipal council is considered adopted.
6. Voting by article or chapter is conducted by a show of hands. The final vote is conducted according to paragraphs 2 and 3 of this article.
7. For the cases provided for in Article 68 of this law, as well as in other cases outlined in the municipal organizational regulations, a secret ballot by urn is mandatory according to the legislation on elections and voting.
8. The municipal organizational regulations may also provide that proposals for amendments to the regulations, to be submitted to the general assembly, must be filed at the municipal office five days before the assembly.
1. The Primary Assembly shall deliberate and resolve on
a) the adoption and amendment of all municipal regulations, except those of purely internal significance;
b) * the adoption of the budget estimate and the accounts;
c) the decision on a new uncommitted expenditure that exceeds 5 percent of the gross revenue of the previous financial year, but is at least 10,000 francs;
d) a new annually recurring, yet uncommitted expenditure that exceeds 1 percent of the gross revenue of the previous financial year;
e) * the contracting of loans tied to new expenditures, the amount of which exceeds 10 percent of the gross revenue of the previous financial year; the overdraft loans for financing the expenses of the current account, the cumulative maximum amount of which exceeds 25 percent of the gross revenue of the previous financial year;
f) the granting of loans, guarantees, and similar warranties at the expense of the municipality, the amount of which exceeds 5 percent of the gross revenue of the previous financial year;
g) the sale, exchange, subdivision of real estate, granting of limited real rights, leasing of properties, and disposal of assets, the value of which exceeds 5 percent of the gross revenue of the previous financial year;
h) the merger or separation of municipalities and the adjustment of municipal boundaries, subject to the powers of the Grand Council;
i) joining a municipal association and transferring public duties to mixed or private organizations;
j) the granting or assignment of hydropower concessions;
k) matters assigned to it by special statutory provisions.
2. Municipalities may, through the organizational regulation, reduce the benchmarks mentioned in paragraph 1 letters c, d, e, f and g by up to 50% and delegate additional powers to the Primary Assembly within the framework of municipal autonomy.
3. Municipalities may conduct a prior principle vote on important factual matters falling within the competence of the Primary Assembly.
4. The ordinance defines the terms "gross revenue," "new uncommitted expenditures," and "committed expenditures."
1. Decisions of the primary assemblies submitted to the Council of State for homologation shall only come into effect on the day of their approval by this authority, which generally issues its decision within six months after receiving the homologation request.
2. In cases subject to the optional referendum, the homologation decision will only be made after the expiration of the referendum period, provided that the referendum is not requested, and after the public vote if it is requested and the subject matter is approved.
**1. If the convening of the original assembly is prevented by force majeure (war, natural disasters, epidemics, etc.), the municipal council is responsible for deciding on urgent matters.**
1. All municipalities with a population exceeding 700 inhabitants may elect a General Council.
1. The number of members of the General Council is determined as follows, based on the most recent federal census
a) up to 1,000 inhabitants: 20 members;
b) from 1,001 to 5,000 inhabitants: 30 members;
c) from 5,001 to 10,000 inhabitants: 45 members;
d) 10,001 inhabitants and above: 60 members.
2. The municipal organizational regulation may freely set the number of members of the General Council between 20 and 80.
1. The General Council may only convene if it has been lawfully summoned. It meets at least twice a year for the adoption of the budget and the account.
2. It also meets whenever the Municipal Council deems it necessary or upon the request of at least one-fifth of the General Councillors.
3. The invitation must include the agenda and the documents concerning the items to be discussed.
4. The invitation and the accompanying documents are made available to the public at the municipal office and, if possible, on the municipality's website free of charge.
1. The agenda is prepared by the Office of the General Council after consulting the Municipal Council.
2. The agenda for the constituent meeting is determined by the Municipal Council.
3. The constituent assembly is convened by the Municipal Council and is presided over by the senior member in office, or alternatively by the oldest member, until the election of the President of the General Council.
1. No decision may be made on a subject that is not on the agenda.
2. With the agreement of the municipal council, the agenda may be amended until the opening of the plenary session.
1. The lawfully convened General Council can only validly deliberate if the members present constitute the absolute majority of the total number of its members.
2. The relative majority decides in all cases, except for amendments to the internal regulations of the General Council and elections in the first round of voting. Abstentions, blank votes, and invalid votes are disregarded for the calculation of the majority.
3. The President participates in the voting only in the event of a tie during a show of hands vote and in a secret ballot.
1. The meetings of the General Council are public. However, the assembly can decide to exclude the public when circumstances require it. In the event of the exclusion of the public, all persons not performing an official function in the room must withdraw.
1. The members of the municipal council participate in the sessions of the general council with an advisory vote. They may be accompanied by officials.
1. The General Council decides by a show of hands. If such a proposal is made and supported by one-tenth of the members present, a secret ballot shall be held.
2. Elections are held by secret ballot.
1. The General Council shall decide on a regulation that specifically governs the following matters
a) the composition of the bureau;
b) the procedure of negotiations;
c) the commissions and their status;
d) the compensations.
1. The General Council elects a commission at the beginning of each administrative period, which examines the budget, the accounts, and the management of the Municipal Council. This commission specifically oversees
a) the appropriate use of the allocated credits;
b) the supplementary credits.
2. The commission reports to the General Council during the budget and accounts meetings, as well as the meetings convened for the approval of supplementary credits.
1. The General Council has the same powers as conferred by Article 17 of this law and by the special legislation of the Constituent Assembly.
2. Additionally, it is responsible for the approval of the tax coefficient and supplementary credits, provided that the latter exceed the expenditure provided for in the budgeted item by 10 percent.
3. The municipal organizational regulations may provide for the item-by-item voting on the budget, with the exception of mandatory expenditures.
4. If the approval of the budget and the account is refused, they shall be referred back to the municipal council for review.
5. In the event of a second refusal, the State Council shall decide.
1. Each member of the General Council may submit a motion. This must be supported by at least two co-signatories. The proposal must meet the requirements governing the right of initiative at the municipal level. In the event of approval by the General Council, the motion obliges the Municipal Council to submit the corresponding regulatory proposals.
2. Furthermore, each member of the General Council may question the Municipal Council about its administration and submit postulates. If the latter are accepted by the General Council, they oblige the Municipal Council to examine a particular issue and report with conclusions. A vote on the report and conclusions may be requested by their authors.
1. The municipal council is the regular executive and administrative authority of the municipality.
2. It exercises all powers that are not conferred by law or regulation to another municipal body.
1. The municipal council shall consist of a minimum of three and a maximum of 15 members, and this number must always be odd.
1. The Powers of the Municipal Council shall be exercised within the limits determined by the legislation.
2. They specifically pertain to
a) the administration of public services;
b) the management of municipal assets, public property, and assets designated for public services;
c) the appointment of municipal officers and employees, the determination of their terms of employment, and the exercise of disciplinary authority;
d) the preparation of the budget, financial management, and the establishment of accounts;
e) the conduct of current affairs;
f) the powers directly conferred upon it by law.
1. Through the municipal organizational regulations, full-time positions can be introduced both for the president and for all members of the municipal council. In the latter case, the number of council members must not exceed five.
1. The Municipal Council shall be convened by its President or, in the event of their inability, by the Vice-President.
2. The President may convene it on their own initiative or upon the request of one-third of the other council members.
3. If the President refuses to convene a meeting, the parties involved must refer to the department responsible for overseeing the municipalities. In this case, they cannot hold a valid meeting without the department’s consent.
4. Except in cases of urgency, the Municipal Council is convened at least five days prior to the meeting date. Between weekly recurring meetings, this period may be reduced to three days. These timeframes can be shortened by unanimous decision of the Municipal Council.
1. The President prepares the agenda for the meetings, which is delivered along with the invitation.
2. Each member of the municipal council can request the inclusion of a specific item on the agenda. In case of the President's refusal, Article 37 paragraph 3 shall apply.
3. A vote or decision cannot be made on an item not listed on the agenda unless all members are present and give their consent. Urgency cases are excepted.
1. The municipal council may organize itself into departments.
2. Unless otherwise determined by legislation, the municipal council may delegate certain powers by means of regulations.
1. The municipal council can only validly deliberate if the number of present members constitutes the absolute majority of the total number of its members.
1. Decisions are made by the majority of the members present.
2. The president votes as well.
3. In the event of a tie, the matter shall be placed on the agenda of a new meeting. If a tie occurs again, the matter is considered rejected except in the case of appointments, where the vote of the municipal president is decisive.
4. The deliberations of the municipal council are held in closed session.
1. The municipal council appoints, in particular, the municipal clerk and treasurer.
2. Furthermore, Articles 87 to 90 and 94 to 96 of the present law are applicable.
1. The President has the powers assigned to him by law.
2. He generally represents the municipality and has the right of oversight and control over all areas of municipal administration.
3. He is specifically responsible in the following cases
a) he presides over the municipal council and the general assembly;
b) he orders the execution of the resolutions of the municipal council;
c) he manages the municipality's correspondence;
d) he oversees the drafting and maintenance of the minutes;
e) he ensures compliance with cantonal and federal legislation and municipal regulations;
f) he is responsible for maintaining order within the municipality;
g) he receives petitions and requests, acknowledges their receipt, and forwards them to the competent body at the first meeting following their receipt;
h) he takes urgent action as required by the circumstances in cases of force majeure (war, natural disasters, epidemics, etc.).
1. In the event of incapacity or disqualification, the President shall be represented by the Vice President or, in their absence, by another council member designated by the municipal council.
2. If the Municipal President refuses to implement the resolutions of the municipal council, the council may instruct the Vice President or a council member to act in place of the President.
3. The Vice President is only authorized to convene and preside over the municipal council upon instruction from the President or, if applicable, the State Council.
1. Municipalities are free to establish permanent or temporary commissions in addition to those commissions prescribed by special legislation.
1. The number of members of a commission must be odd. Appropriate representation of political groups must be taken into account.
2. Each commission must include at least one member of the municipal council. Any competent person may be appointed to a commission.
3. The municipal council determines the powers, the number of members, the term of office, and the organization of the commission.
4. The commissions submit a report to the municipal council. This report has no binding effect.
5. Unless the legislation prohibits it, municipal organizational regulations may provide for the delegation of powers to commissions.
1. The appellate instances are those provided for in Article 83 of the present law.
1. The Citizen's Municipality is organized in the same manner as the Resident Municipality concerning the safeguarding of the interests of the citizens and the fulfillment of the tasks specified in the following article.
2. The provisions of this law apply to the Citizen's Municipalities with the exception of Articles 20 to 32 (General Council), 69 and 70 (Optional Referendum), and 129 to 135 (Measures to Promote Mergers and Merger Concepts).
1. The Powers of the Citizen Community are as follows
a) the granting of citizenship rights in accordance with the legislation concerning citizenship rights;
b) the granting of honorary citizenship;
c) the maintenance of the register of citizens;
d) the administration of its assets;
e) the provision of services and the payment of contributions established by special laws;
f) the realization, within its capabilities, of works of public benefit.
2. The principles of the administration and use of the citizen assets are determined by law.
1. The bodies of the municipal communities are
a) the municipal assembly, as the decision-making body;
b) the municipal council, as the executive body, consisting of three to a maximum of nine members, with this number always being odd.
2. The municipal assembly meets at least once a year. The approval of the budget estimate and the account can take place in the same meeting, which must be held before March 31st.
1. If the community assembly has not elected a community council, the community is administered by the council of the municipality.
2. In this case, at the beginning of the administrative period, the community assembly appoints a commission composed of community members.
1. In the year of the renewal of municipal authorities, but no later than May 1st of the election year, one fifth of the citizens eligible to vote in municipal matters may submit a petition to the municipal office requesting the formation of a separate citizens' council. The petition must specify the desired number of council members. The municipal council organizes the voting and the subsequent elections in accordance with the legislation on elections and voting.
1. Two or more civil municipalities can merge, even if the corresponding resident municipalities do not merge.
1. If there are two or more citizens' communities within the territory of a single residential municipality, each citizens' community shall fulfill the tasks and make the contributions to the residential municipality that it is legally obligated to by law.
2. If there are two or more residential municipalities within a single citizens' community, the procedure shall apply mutatis mutandis.
1. If a project for the merger of civic communities is proposed without merging the corresponding resident communities, the civic councils must immediately notify the resident councils.
1. The civic municipalities are free to enter into agreements with the resident municipalities in order to regulate their legal obligations.
1. The civic communities have a right to appropriate representation in regional institutions to the extent that they can demonstrate an interest in such representation.
1. The municipal assets that were allocated to the public service prior to the organization of the local community and subsequently transferred to the ownership or usage rights of the local community are determined by specific legislation.
1. The local municipalities have the authority to introduce the right of initiative concerning the regulations that fall within the jurisdiction of the town meeting or the general council.
1. Any request for the introduction of the right of initiative must be submitted by the municipal council or at least by one-tenth of the eligible voters.
2. If the request originates from the citizens, it must be submitted in writing to the municipal office.
1. The request is to be made public by posting it at least 20 days before the referendum.
2. The municipal council shall organize a vote in accordance with the provisions of the legislation on elections and referendums no later than 90 days after the submission of the request.
3. The right of initiative is introduced if the majority of the voters decide in its favor.
1. The right to initiate, once established, remains in effect until it is revoked. The request and decision for its revocation are addressed in accordance with Articles 60 and 61 of the present law.
1. The initiative must be drafted in a general form. It may request the preparation of a new regulation, the repeal, or amendment of a regulation that has been in force for at least four years.
2. If an initiative results in new expenditures that are not covered by ordinary revenues or if it abolishes existing revenues, the municipal council may simultaneously submit proposals to the general assembly for cost compensation.
1. The initiative must be signed by one-fifth of the voters. The municipality may reduce this requirement to one-tenth through the organizational regulations.
2. The signing ability of the signatories must be certified by the mayor, who must also verify any signatures that appear questionable to him.
3. The initiative must include a committee of three to seven members.
1. The initiative may be withdrawn by the majority of the members of the initiating committee up until the day the municipal council sets the date for the referendum.
2. Following the submission of the initiative, the withdrawal of signatures is irrelevant.
1. The municipal council decides on the admissibility of the initiative within a period of six months.
2. Its decision can be appealed to the Council of State and then to the Cantonal Court.
3. In the event of approval, the municipal council drafts the proposal in the manner specified by the initiators and submits the new or amended regulation to the general assembly or, if applicable, to the general council.
4. If, on the other hand, it does not approve the initiative, it proposes its rejection to the general assembly or, if applicable, to the general council, stating the reasons.
5. If the general council rejects the initiative, its decision is subject to a popular vote.
1. Permissible initiatives must be submitted for a vote within six months following the entry into force of the admissibility decision in accordance with Article 66.
1. The following are subject to secret ballot in the form provided by the legislation on elections and referendums
a) the municipal organization regulations;
b) the introduction of the right of initiative;
c) the decision on initiatives rejected by the General Council;
d) the preliminary opinion on the fusion, or respectively the merger contract, or separation of municipalities;
e) the amendment of the name and coat of arms of municipalities.
2. The municipal organization regulations may subject further matters specified in Article 17 to a mandatory referendum, with the exception of the budget and the financial statements.
1. Subject to the approval of the budget and the account, the resolutions made by the General Council in place of the original assembly are subject to an optional referendum.
2. The matters subject to a referendum must be published through a public notice, if necessary, with an indication of the referendum period.
3. The referendum request can only pertain to items that have been approved by the General Council.
1. Two-fifths of the General Council can request that matters subject to referendum be submitted to a popular vote in the form prescribed by the legislation on elections and voting.
2. The decision of the General Council to demand a popular vote on a matter subject to an optional referendum must be made no later than the end of the session in which the matter was adopted.
3. One-fifth of the eligible voters in the municipality can request that a resolution capable of being subject to referendum be submitted to a popular vote in the form prescribed by the legislation on elections and voting.
4. The municipalities can reduce this threshold to one-tenth of eligible voters through municipal organizational regulations.
5. The referendum must be submitted in written form within 60 days following the decision of the General Council published by public notice, to the municipal office.
6. The list of signatories must include
a) the designation of the matter subject to referendum;
b) the deadline for submitting the signatures;
c) the notice that the referendum request cannot be withdrawn.
7. The voter must clearly and legibly write their name, first name, year of birth, address, and signature on the list.
1. The free exercise of the right to petition is guaranteed.
2. Persons who are capable of judgment, whether natural individuals or legal entities of private or public law, can exercise this right alone or with others.
3. The signatories must provide their name, first name, date of birth, and place of residence.
1. The petitioner may submit their wishes, suggestions, or objections to the authorities in writing.
2. The petition must specify the authority to which it is directed, as well as the person authorized to receive the communications.
3. Anonymous petitions or those containing defamatory language are declared inadmissible.
1. The authority reviews the petition without delay and takes the action deemed necessary unless it must declare it inadmissible.
2. The petitioners or their representatives shall be promptly notified of the action taken on the petition.
3. The decision cannot be contested by an ordinary appeal. Reserved are the provisions of special legislation and the constitutional complaint to the Federal Supreme Court.
1. Municipal finances must be managed according to the principles of legality, economic and appropriate use of public funds, long-term fiscal balance, and the financing principle of causation.
2. The management of the financial budget includes accounting, the provisions concerning financial legal responsibilities, the organization of the internal control system, and the auditing of accounts.
1. The accounting system must provide a clear, complete, and truthful overview of the management of the financial budget, assets, and liabilities. To this end, the following must be prepared: financial planning, the budget estimate, the accounts including the balance sheet, the administrative account, as well as off-balance sheet transactions, notably contingent liabilities.
2. The State Council shall determine by regulation the principles concerning financial budget management.
3. The accounts of public entities must be prepared based on the harmonized accounting model.
4. The documents must be adapted to the nature and significance of the public entities.
1. The municipal council is responsible for the financial budget of the municipality.
2. It equips itself with management tools that are adapted to the circumstances.
3. It exercises its responsibilities within the scope of the competencies assigned to it by the general provisions of this law.
1. Expenses shall be approved as commitment credits or budgetary credits.
2. A commitment credit is approved for investments, for investment contributions to third parties whose effects extend over more than one year, as well as for contingent liabilities. When a commitment credit is found to be insufficient, a supplementary credit must be requested from the competent authority. A commitment credit expires once the purpose is achieved or becomes irrelevant.
3. A budgetary credit is one approved by the competent authority for an annual expenditure related to a specific purpose. Exceeding the credit limit is permissible for expenses that are urgent, stipulated by law, or covered by corresponding revenues within the same fiscal year; they must be submitted to the competent authority no later than with the financial statement.
1. Internal control is organized in relation to the volume of revenue and expenditures. It is exercised under the responsibility of the municipal council, which must ensure that the procedures provided guarantee an appropriate examination of revenue and expenditures.
1. The municipal council prepares a financial plan for a period of at least four years, which it presents to the citizens' assembly or the general council for information.
2. This financial plan provides an overview of the anticipated development of revenues and current expenditures, investments, as well as assets and liabilities.
1. In view of ensuring the balance of municipal finances, an excess of expenditure is permissible as long as, after accounting depreciations, no balance sheet deficit results.
2. The Council of State issues regulations on the minimum accounting depreciations.
1. In the event of a budget deficit, the municipality shall develop a financial plan with corrective measures, which must be submitted to the town meeting or general council and the relevant cantonal department for their information.
1. If the fiscal balance of the municipality is not permanently ensured according to Articles 80 and 81, the State Council shall appoint, at the expense of the municipality and after hearing the municipality, a delegate who will draft a financial plan and propose remedial measures.
1. The accounts shall be audited annually by one or more specially qualified auditors.
2. The auditors shall be elected for a term of four years by the public assembly or the general council, upon the recommendation of the municipal council. They may be re-elected.
3. The auditors are independent of the municipal authorities.
4. The regulations define the qualifications required of the auditors.
5. The auditors are liable to the municipality for any damage caused by intentional or negligent breach of their duties.
1. The auditors ascertain specifically the accuracy of the account and the balance sheet, the non-capitalized liabilities listed in the notes to the financial statements, and the amount of accounting depreciation.
2. The auditors verify the valuation of investments in other public or private law companies, as well as other parts of the financial assets and their yield.
3. The auditors assess the indebtedness of the municipality and its ability to meet its obligations.
1. The auditors shall submit a written report to the municipal council, the general assembly, or the general council regarding the conducted audits, their conclusions concerning the development of indebtedness and the long-term financial budget balance.
2. The auditors are obliged to delegate a representative to the general assembly or to the general council, which have been convened for the decision-making on the account.
1. The State Council issues regulations by ordinance for the implementation of the aforementioned principles.
2. It specifically determines
a) the department charged with overseeing municipal finances;
b) the provisions regarding municipal financial management, accounting, and the duties and qualifications required for auditors;
c) the regulations on minimum depreciation and the rules for the valuation of assets;
d) the gross revenues, new non-binding expenditures, and binding expenditures;
e) the training and information to be provided to auditors and individuals tasked with financial management;
f) the manner of disclosing the results of its activities in the field of municipal oversight;
g) the publication of municipal finance statistics;
h) the regulations regarding measures to be taken by the supervisory authority if the financial equilibrium is endangered or if there are deficiencies in accounting management.
1. Members of the authorities of a public-law corporation and their commissions shall diligently fulfill their tasks and duties.
2. The regulations of the General Council or an internal regulation of the Municipal Council may provide for sanctions in the form of fines up to 1,000 francs against the members referred to in paragraph 1, who, despite a warning, neglect their duties. The individual concerned shall be heard before the sanction is imposed.
1. The persons mentioned in the preceding article are bound by official secrecy. This obligation remains in effect even after the termination of the employment relationship.
1. The public law corporation is liable for the damage caused to third parties in accordance with the law on the liability of public entities and their officials.
2. The organs mentioned in Article 87 are civilly, criminally, and disciplinarily liable under the special legislation.
1. Members of the Executive Authority and Commissions who are required to make or prepare a decision shall recuse themselves if they
a) have a personal interest in the matter;
b) are related to a party in a direct line or collateral line up to the third degree or are related by marriage, engagement, or adoption;
c) are representatives of a party or have acted for a party in the same matter.
2. These individuals must recuse themselves and leave the meeting room. However, they may be called upon to provide information.
1. Persons who possess official documents, correspondence, titles, books and registers, monetary assets, credits, and other assets belonging to a public legal entity must surrender them to the authorities immediately upon the termination of their mandate or at any time upon request by the authorities.
1. Every member of an authority and every official of a public-law corporation must, at the end of their term of office, inform their successor about the ongoing affairs.
1. The violation of the obligations mentioned in Articles 91 and 92 shall be penalized by the department entrusted with the supervision of the municipalities, which may impose a fine on the offender ranging from 100 to 5,000 Swiss Francs.
1. The appointment of officials and the election of employees are the responsibility of the executive body of the public legal entity.
2. Subject to cases of promotion and temporary employment, every appointment or election must be preceded by a public announcement of the position to be filled. The appointing authority cannot deviate from the terms of the announcement without repeating the announcement with the new requirements.
1. The Statute of the Officials and Employees is established by a regulation issued by the executive body of the public law corporation. This regulation is not subject to homologation. In the absence of its own regulation, the provisions of the cantonal regulation shall apply accordingly.
2. Through a municipal organizational regulation, the Statute of the Officials and Employees may be subjected to the approval of the municipal assembly or, if applicable, the general council.
1. Civil servants and employees may be employed on a private law basis.
1. Official documents of public-law entities must bear the signatures of their president and secretary or their designated representatives.
2. The documents must mention the decisions of the competent authorities on the basis of which they were issued.
3. Documents prepared on the basis of a delegation of authority must bear the signatures of the persons to whom the authority was delegated.
1. A record shall be kept of the deliberations of the organs of public law corporations, which is to be signed by the president and the secretary.
1. This protocol must include at least
a) the number of persons present and, for the executive bodies, the names of the members present;
b) the agenda;
c) the motions submitted;
d) the resolutions adopted.
1. The minutes are generally presented to the parties in the next meeting by reading them aloud or in another form for their awareness.
2. The approval of the minutes and any possible amendments must be mentioned.
1. The minutes of the legislative body of a public-law corporation can be accessed on the website of the concerned corporation or at the municipal office and, if possible, on the municipality's website.
2. The minutes of the executive bodies are not public.
3. The resolutions must be published to the extent that they have general significance and do not infringe upon legitimate public or private interests.
4. Under the same conditions, anyone who has a legitimate interest can request a copy of an excerpt from the minutes.
1. Official communications are published by public posting and, if required by law, through publication in the official gazette.
2. Additionally, the municipal organizational regulations may provide for other forms of publication.
3. If public consultation is required, at least the subject, location, and duration of the consultation, as well as the instructions on legal remedies, must be published.
1. The referendum deadline, the legal validity, and the effective date of the items subject to the referendum must be published, indicating the place where they can be inspected.
1. Public-law entities must retain important documents, establish archives, and create registers thereof.
2. In particular, the following must be classified in the archive
a) invoices and budgets, accounting documents, and tax rolls;
b) minutes of meetings of the bodies of public-law entities;
c) deeds and contracts of public-law entities;
d) registers prescribed by legislation;
e) regulations in force and those repealed.
3. The modalities of archiving are regulated by special legislation.
1. The fees which public law corporations levy for services based on special legislation take into account depreciation, investments, maintenance and operating costs, as well as the creation of a renewal fund.
2. In a corresponding regulation, at least the maximum amount, the method of collection, and the liable persons are specified.
1. Municipalities fulfill the tasks assigned to them by law, as well as the tasks they decide to undertake themselves.
2. They may fulfill them with their own resources, through delegation, or through collaboration.
3. Municipalities exercise their activities freely within the framework of cantonal and federal legislation. They supervise the individuals or entities to whom they have entrusted the performance of certain tasks. They ensure that these parties provide them with the appropriate information, particularly of a financial nature.
4. The canton may take organizational measures to support and advise the municipalities, notably through their association.
1. Municipalities are free to delegate tasks for which they are autonomously responsible.
2. For other tasks, delegation requires the approval of the State Council.
3. Delegation may be to another municipality, a municipal association, or a third party. Delegation to a third party requires a call for tenders, unless the task is insignificant or extremely urgent.
4. The delegation decision must include at least
a) the nature and scope of the service to be provided;
b) the sources of financing;
c) confirmation that the delegation has been approved by the competent authority;
d) the obligations of the delegate concerning the information to be provided;
e) the duration of the delegation and the modalities of supervision and termination.
1. To fulfill their tasks, municipalities may cooperate with other municipalities, municipal associations, or third parties.
2. The cooperation may take the following forms
a) an agreement or a contract with another municipality, a municipal association of public or private law, or with third parties;
b) joining an existing association of public or private law;
c) the establishment of an association governed by public or private law, or a mixed-economy company.
1. The municipalities monitor the conduct of office of their appointed representatives or those they designate to collaborative organizations. They may issue directives to them and stipulate the revocation of the mandate if these directives are not followed.
2. The mandate ends with the expiration of the municipal administrative term. It may be renewed by the new authorities.
1. To promote inter-municipal cooperation, conferences of municipal presidents are introduced, which shall constitute themselves.
2. The conferences may divide into sub-groups as needed, according to the interests presented or the geographical circumstances.
3. If the conferences themselves have not issued any regulations, the responsibilities and functioning shall be governed by the implementing regulations of the present law.
1. If a municipality is evidently unable to fulfill a statutory mandatory task on its own, or if effective and economical task fulfillment so requires, the State Council may set a deadline for the municipalities in question to collaborate.
2. If no collaboration is presented to the State Council within the set deadline, it may impose such collaboration.
3. The canton may make its contributions to the fulfillment of certain municipal tasks conditional upon inter-municipal cooperation if the latter allows for increased effectiveness or savings, and if it is in the public interest.
1. Two or more municipalities may enter into an agreement for the operation of a public service without legal personality or an administrative service.
2. These agreements fall within the competence of the municipal executive body in the framework of the powers established in Article 17. They regulate the ownership of real and movable property necessary for the operation of the respective service. They precisely delineate the responsibilities, and mutual obligations of the administration of the joint service in relation to those of the participating municipal administrations. They also provide for a dissolution clause.
3. Disputes arising under the agreement between the municipalities shall be decided within their competence either by the cantonal court, the council of state, or by an arbitral tribunal. The latter is constituted in accordance with the applicable provisions of the Swiss Code of Civil Procedure.
4. ...
1. The State Council promotes inter-municipal cooperation with municipalities of other cantons or countries.
2. It agrees upon the implementing provisions with the interested cantons or countries and approves the cooperation agreements.
1. Based on a private law contract, municipalities may cooperate among themselves or with third parties.
2. This contract falls under the jurisdiction of the municipal council. It is approved by the general assembly within the framework of the powers established in Article 17 of this law.
1. Municipalities may join a legal entity under private law (foundation, association within the meaning of Articles 60 et seq. of the Civil Code, or company within the meaning of the Code of Obligations) or may themselves establish such entities.
2. The establishment of such a legal entity or the joining of an existing legal entity requires the approval of the municipal assembly within the powers of Article 17.
3. Articles 75 and 84 of this law are applicable.
1. Municipalities have the option to merge to collaboratively address one or more municipal or regional tasks of public interest, even if these tasks are unrelated. These associations become public law corporations once organized according to Articles 117 to 128.
2. The State Council is authorized to compel a municipality to join an association if it is evident that the municipality is unable to fulfill a legally mandated task on its own.
3. The municipal association carries out the duties entrusted to it in place of the member municipalities. In performing these duties, it possesses the same autonomy as the municipalities themselves.
4. The provisions of Title 3 apply mutatis mutandis to municipal associations.
1. The statutes drafted by the municipal councils in mutual agreement shall be submitted to the town meeting or the general council for voting.
2. The statutes must specifically determine
a) the member municipalities of the association;
b) the name of the association and its intended purposes;
c) the seat of the association;
d) the obligations and contributions of each member municipality;
e) the rules applicable for the preparation of the accounts and their audit, as well as the budget;
f) the number of delegates from each member municipality, considering the interests represented;
g) the method of convening that allows each municipality the opportunity to be represented;
h) the powers of the assembly of delegates and the committee, particularly in the area of new credits, the procedure of their deliberations with any potential quorum;
i) the dissolution process and the conditions to be observed when a member leaves;
j) the asset distribution upon dissolution of the association, in the event this differs from the distribution of net profit;
k) the conditions for a new municipality to join;
l) the manner of informing member municipalities and citizens: budget, accounts, annual report, publication of decisions, public access to the minutes of the legislative body of the municipal association;
m) the essential regulations and the amount from which an expenditure is subject to the optional referendum.
3. The amendment of the statutes falls under the competence of the assembly of delegates. The optional referendum against the amendment of essential regulations determined by the statutes remains reserved.
1. Once the joining municipalities have agreed to the statutes, they shall be submitted to the Council of State for approval. Such approval is also required for any amendments to the statutes.
2. With the approval of the Council of State, the association acquires legal personality.
1. The bodies of the association are
a) the delegates' assembly;
b) the committee;
c) the auditors.
1. The Assembly of Delegates consists of representatives from the member municipalities of the association, who are designated according to the statutes.
2. The Assembly of Delegates holds the same status within the association as the decision-making body does within the municipality.
3. Subject to any contrary provisions in the statutes, resolutions are passed by a simple majority of the members present.
1. The delegates are appointed for the duration of the administrative period.
2. The delegates may be removed by the authority that appointed them.
1. The following resolutions are subject to the optional referendum
a) substantial amendments to the statutes, as defined by the statutes themselves;
b) net expenditures exceeding the amount specified in the statutes.
2. Legal transactions subject to the referendum must be published by public notice in the affected municipalities, indicating the referendum deadline and specifying the location where the petition and signatures are deposited.
1. One fifth of the member municipalities, expressing themselves through their executive bodies, or one fifth of the total number of eligible voters of the respective municipalities, can demand that the matters mentioned in Article 122 be subjected to a referendum in the form provided by the legislation on elections and referendums.
2. The statutes may reduce this requirement to one tenth of the eligible voters or to 1,000 eligible voters.
3. Furthermore, Article 70 paragraphs 5 to 7 apply analogously.
4. The subject submitted to the vote is only accepted if it is approved by the majority of the voters and the member municipalities.
1. A committee of at least three members exercises the powers conferred upon it by the statutes. It represents the association vis-à-vis third parties.
2. The association is legally bound by the collective signature of the president or vice president and another committee member.
1. The auditors are appointed in accordance with the statutes. These may provide that the auditors from each member municipality take turns in rotation. Articles 84 and 85 apply mutatis mutandis.
1. The association does not have the right to levy taxes. However, it can collect contributions from the member municipalities and, if provided for in the statutes, from the users of the services it operates.
2. The liabilities are distributed in accordance with the provisions set forth in the statutes.
1. A municipality is fundamentally entitled to withdraw from the association through termination in accordance with the statutes. The statutes determine the conditions for withdrawal. They may prohibit the exercise of this right for a certain period from the establishment of the association.
2. In the absence of an agreement, the rights and obligations of the withdrawing municipality vis-à-vis the association shall be regulated by an arbitration tribunal appointed in accordance with Article 112 of this law.
3. Upon request of the association, the State Council may compel a municipality to remain in the association for the reasons listed in Article 116 paragraph 2 of this law.
1. Subject to contrary provisions in the statutes, the association is dissolved by resolution of the legislative bodies of all member municipalities. The resolution of dissolution is subject to the approval of the Council of State.
2. If only one municipality opposes, the resolution of dissolution is subject to arbitration by the Council of State.
3. The liquidation is the responsibility of the association's organs.
1. The canton promotes the merger of municipalities. It may, in particular, use the financial resources required for this purpose from a special fund specifically allocated and accrued, notably through the ordinary budget.
1. The financial participation of the canton in merger projects is regulated by an ordinance. This ordinance takes into account, in particular, the number of municipalities affected by the merger and their population.
2. The ordinance must provide for transitional arrangements concerning the assistance granted in the context of municipal mergers.
3. In consideration of special cases, the Grand Council may grant additional special assistance when it approves the merger. Likewise, a special premium may be authorized if the merger involves more than three municipalities.
4. In the case of successive mergers, account must be taken of the assistance granted during the preceding mergers.
1. The costs of the appraisal regarding the merger of municipalities shall be covered by the canton upon prior request. The compensation will only be paid after consultation with the primary assemblies.
2. The canton shall grant administrative and legal support for all municipal merger projects upon request. For this purpose, the Council of State may establish an interdepartmental working group to accompany them.
1. The Municipal Presidents' Conference appoints a committee consisting of the relevant representatives to draft a proposal; based on this, the Presidents' Conference prepares a municipal merger concept as well as an inventory of other forms of inter-municipal cooperation to be promoted.
2. The merger concept expresses proposals for the merger between two or more municipalities, particularly when these or one of them are no longer able to fulfill their essential duties, are seeking other forms of cooperation, or when their union becomes necessary due to development reasons, good governance, or if one of these municipalities is no longer able to appoint all the authorities prescribed by law.
3. The merger concept must be submitted to the Council of State for approval within three years after the present law comes into force.
1. If the proposals of the merger concept are accepted by the relevant municipal councils, they shall commission the necessary reports within a period of three months.
2. The municipal councils may demand that the merger take place with municipalities other than those proposed by the cantonal merger concept, even if this merger extends beyond the district boundaries.
1. The canton revokes the financial equalization to which a municipality is entitled if it is listed in the merger proposals and does not comply with them within the five-year period following approval by the State Council, and if this municipality is evidently no longer able to fulfill its legal obligations.
1. The Grand Council may compel two or more municipalities to merge if one of the following conditions is met
a) if a negative decision on a merger project jeopardizes their financial sustainability;
b) if a single municipality poses an obstacle to a merger while the neighboring municipalities have already agreed to a significant merger;
c) if a municipality is no longer able to ensure the functioning of institutions, particularly if it cannot fill vacant positions due to a limited population size.
1. The Grand Council can change the number and boundaries of municipalities by a resolution after hearing the parties involved.
2. The Grand Council decides on the proposal of the Council of State, following a motion or at the request of a municipality.
1. In the case of merger requests, the municipal councils consult the general councils and primary assemblies through a secret ballot.
1. Following this consultation, the municipal councils submit a report to the State Council for the Grand Council.
2. The report contains the results of the consultations of the General Council and the electorate, as well as the opinions of each individual municipal council regarding the merger.
3. Upon receipt of the reports, the State Council, in its official capacity, takes all necessary steps to complete the dossier prepared for the Grand Council. The State Council drafts a decision proposal for the Grand Council based on this dossier.
1. The citizen communities shall be immediately informed about the merger negotiations by the municipal councils.
2. The citizen assemblies shall be consulted on the same date as the primary assemblies.
3. After consulting the citizen assemblies, the authorities of the citizen communities shall report to the Council of State at the same time as the municipal authorities.
4. Two or more municipal communities may merge, even if the corresponding citizen communities do not merge.
1. The decree determines the merger of the participating municipalities, specifically providing that the new municipalities assume all rights and obligations of the former ones.
2. Additionally, it permits a transitional administration to the following extent
a) the transitional period generally ends with the conclusion of an administrative period. For regulations that are in force in the various merged municipalities, the transitional period may be extended until the end of the following period;
b) the number of members of the executive body may exceed the number provided by law. It may reach the total number of all previously existing municipal councilors;
c) the office of the president may, by exception, be held alternately until the end of the current administrative period;
d) the rules contained in letters b and c of this article are applicable mutatis mutandis to the general councils, provided all merging municipalities have a general council.
1. The municipalities involved in a merger may contractually regulate the conditions of the merger and the formation of the new entity. The contract shall particularly specify
a) the schedule;
b) the name and the coat of arms;
c) the transfer of agencies and personnel;
d) the transfer of assets, liabilities, and obligations;
e) the authorities responsible for the completion of accounts and pending transactions;
f) the transitional provisions.
2. The contract must be approved by the town meetings and the Grand Council.
1. The merger resolution shall be published in the Official Gazette. The date of its entry into force shall be determined by the Council of State.
2. In principle, the merger becomes effective at the end of an administrative period, within a timeframe that allows the new entity to establish the new municipal or local authorities as usual.
1. The principles mentioned in Articles 136 and following are applied mutatis mutandis to the separation of municipalities.
1. The public law corporations are subject to the supervision of the State Council, which ensures that they are managed in accordance with the constitution and the law.
2. The State provides the public law corporations with information, advice, legal opinions, courses in important administrative areas, and other assistance within the scope of available resources.
1. Supervision of public law entities is exercised by the State Council itself or by the authorities designated by it or by law.
1. The following must be submitted to the State Council for approval
a) all regulations with the exception of those of purely internal significance;
b) * ...
c) * ...
d) * ...
e) the granting or transfer of hydroelectric power concessions.
1. Subject to contrary provisions of special legislation, the supervisory authority is limited to verifying whether the regulation submitted to it is in compliance with the law.
2. In cases where oversight extends to assessing appropriateness, the supervisory authority makes its approval contingent upon certain conditions.
3. The supervisory authority may only amend a provision if the municipality has not itself enacted a lawful or appropriate provision within a reasonable period.
4. Municipalities may submit their draft regulations to the relevant department for preliminary examination before approval by the general assembly.
1. The State Council may instruct the competent cantonal department or an ad-hoc working group appointed by it to initiate an official investigation against a public-law corporation if there is reasonable suspicion that its proper administration is seriously endangered or disrupted by unlawful actions of one of its bodies or in any other way.
2. The body entrusted with the investigation may, in particular
a) demand the submission of all official documents;
b) hear the members of the bodies of the public-law corporation as well as its staff;
c) request the cooperation of the cantonal police;
d) take any other measures to ascertain the facts.
3. The State Council may, in particular
a) take all appropriate precautionary measures in an emergency;
b) issue instructions to the public-law corporation aimed at ending an unlawful situation or restoring the proper functioning of its bodies and/or its administration;
c) take all necessary measures to restore a lawful situation;
d) initiate the procedures provided by law, in particular issuing a warning (Art. 150 para. 1) or an admonition (Art. 151 para. 1) to the bodies of the public-law corporation.
4. The intervention costs of the State Council and the body entrusted with the investigation may be imposed wholly or partly on the public-law corporation.
1. If a municipality encounters significant difficulties in a certain area, the Council of State may appoint one or more experts, usually at the expense of the municipality, to support it in fulfilling its duties. The Council of State determines the terms of appointment. The municipality must be heard.
1. If an authority of a public law corporation fails to fulfill a task or action that is mandated by law, the State Council may, after at least one warning, take the necessary measures or appoint a third party to execute the task on behalf and at the expense of the defaulting corporations.
1. The State Council places public-law corporations that consistently fail to meet their obligations, oppose government directives, or significantly endanger their financial stability or assets under full or partial state administration, following a prior investigation and warning.
2. For this purpose, it appoints one or more commissioners or a state office and sets their powers by way of a resolution.
3. The State Council communicates its resolution to the public-law corporation, publishes it in the official gazette, and promptly informs the Grand Council.
4. The compulsory administration is lifted by the State Council, either ex officio or at the request of the affected parties, as soon as it is no longer necessary. This resolution is communicated to the affected parties and notified to the Grand Council. It may be contested by appeal to the Cantonal Court within 30 days.
1. The public-law corporation may file an appeal against the decisions of the State Council as referred to in Articles 150 and 151 with the Cantonal Court. This appeal does not have a suspensive effect.
1. Any interested party may file a supervisory complaint with the supervisory authority against an administration or a body of a public-law corporation. The complaint must be substantiated.
2. The complainant has the right to a response from the supervisory authority.
1. Legal protection in administrative disputes is guaranteed by the Act on Administrative Procedure and Administrative Jurisdiction.
2. Subject to differing provisions, decisions made by commissions or officeholders with decision-making powers within the scope of their competencies may be appealed to the appointing authority.
1. Appeals Against the Legality or Validity of a Vote or Election
Appeals against the legality or validity of a vote or election are subject to the provisions of the relevant cantonal legislation.
1. Public law corporations and their associations are entitled to file a complaint with the Cantonal Court if they are affected by a decision and have a legitimate interest in its revocation or amendment.
2. Furthermore, decrees and decisions of the supervisory authority that violate municipal autonomy can be contested by filing a complaint with the Cantonal Court.
1. Repealed are
a) All provisions that contradict this law, particularly the Municipal Code Act of November 13, 1980;
b) Articles 228, 230, 231, 233, and 234 of the Tax Act of March 10, 1976;
c) Article 105 of the Elections and Voting Act of May 17, 1972.
2. This law and its corresponding implementation decrees shall apply in place of provisions that are repealed by it, and to which reference is made in the current legislation.
1. The Tax Act of March 10, 1976, is amended.
1. In the event of a balance sheet deficit at the time this law comes into effect, the municipality shall adopt a financial plan that provides for remedial measures and the amortization of the deficit within a period of ten years.
2. This plan shall be presented to the municipal assembly or the general council and to the competent cantonal department within six months from the date this law comes into effect.
3. If it becomes apparent that the municipality cannot comply with the timeline stipulated in paragraph 1, a financial plan with feasible remedial measures must be submitted to the Council of State for approval.
4. Municipalities that exhibit a balance sheet deficit at the time this law comes into effect may revalue the assets of the administrative property up to the extent of this shortfall, based on a comprehensive report by a specially qualified auditor as defined by the Code of Obligations.
1. The State Council shall issue, within one year from the entry into force of the present law, a model of a municipal organizational regulation.
1. This present law is subject to an optional referendum.
2. The State Council determines the date of the entry into force of this present law.