Municipal Parliament
The municipal council is in so-called "extraordinary organized" political communities of Switzerland , the popularly elected quasi- legislative . In the so-called "orderly organized" communities corresponds to the municipal council, the municipal assembly , an all voting residents accessible meeting.
Due to the federal system of Switzerland, the form, function, working method, term of office and legal basis of the municipal parliaments are different from canton to canton. The number of seats varies between 9 and 125; the vast majority of these parliaments are elected by proportional representation, a few by majority . The powers of the municipal parliaments are regulated by cantonal laws and the communal municipal ordinances (municipal constitutions).
While in German-speaking Switzerland municipal parliaments mainly occur in municipalities with a large population, and thus the vast majority of municipalities know the municipal assembly (even those with well over 10,000 inhabitants), municipal parliaments are much more common in Latin Switzerland . In the cantons of Geneva and Neuchâtel , they are even mandatory for all municipalities. A little more than a third of all municipal parliaments in Switzerland are in the canton of Vaud .
tasks
The tasks and competencies of the municipal parliaments vary greatly depending on the canton. Most of them have final authority on budget issues and basic community decrees. In addition, the members of most councils can issue tasks through motions , interpellations and small inquiries from the executive, suggest the drafting of municipal decrees, set the tax rate , inquire about facts or decide on naturalization . After all, they take control of the executive and are electoral bodies for various municipal offices.
In almost all municipalities, decisions on basic municipal decrees are subject to an optional referendum . Changes to the municipal code (municipal constitution) usually require an obligatory referendum , in some places as well as resolutions on expenditure above a certain level and the annual municipal budget.
Designations
Depending on the canton, the municipal parliaments have different names. In some cases, there is even no uniform regulation within a canton, depending on how much leeway the cantonal legislation allows the municipalities. In the German-speaking Switzerland , for example, "Einwohnerrat," "General," "council", "Large council" or "City Council" familiar in the Romandie "Conseil communal", "Conseil général" or "Conseil municipal" in the Italian part of Switzerland ' Consiglio comunale ». In general, the collective term «municipal parliament» is common in political science . This is absolutely correct, especially from an international perspective, since in Switzerland's federal system there are also regulatory and supervisory tasks at the local level. Thus the municipal parliaments do not have a purely consultative or informative function as in other countries.
Historical development
In the “orderly organization”, community assemblies are the highest organ of a political community and, with their decision-making powers, embody a very far-reaching form of direct democracy and local self-government . Since the High Middle Ages, they have gradually developed into their present-day, sometimes differently designed forms. On the other hand, there is the “extraordinary organization”, in which a municipal parliament replaces the municipal assembly (or in very few cases supplements it). In the theory of democracy , community assemblies are to be assigned to the radical democratic model, whereas community parliaments are to be assigned to the liberal-representative model. In the former, the citizens participate directly in political decisions, although, in the spirit of Jean-Jacques Rousseau, there is a certain distrust of the delegation of power to representatives. The latter is based on state philosophers such as John Locke , Charles Montesquieu, and John Stuart Mill , who postulate that the delegation of power to representatives is intended to prevent the tyranny of the self-interest majority. While the radical-democratic model is preferred in German-speaking Switzerland, there is a tendency towards the liberal-representative model in Latin-speaking Switzerland. However, both models do not appear in their pure form anywhere, but integrate aspects of the other direction.
While the assembly system developed primarily in the rural communities, complex organizational forms emerged in the cities. These mostly comprised a small council with extensive powers and a large council with a predominantly advisory function. However, these institutions were not democratically representative, especially since the right to vote was severely restricted and there was practically no separation of powers . The modern political community is a product of the Helvetic Republic (1798–1803) and brought equality for all citizens. During the restoration , the cities returned to their previous forms of organization, even if the degree of democratic representation was now consistently higher.
In the German-speaking cities, in addition to the representative body, there were also municipal assemblies with decision-making powers. The revised Federal Constitution of 1874 guaranteed general voting rights at the municipal level. As a result, in the last quarter of the 19th century, the separation of representative bodies (legislative) and enforcement authorities (executive) prevailed. As a result, the cities began to replace their municipal assemblies, which had existed for almost a century, with parliaments, although this process has in part continued to this day. In the French- and Italian-speaking cantons, on the other hand, people began to think back to the achievements of the Helvetic Republic from the time of regeneration and not only introduced municipal parliaments much earlier, but also much more frequently.
There was a large increase in new community parliaments in German-speaking Switzerland in the 1970s. Reasons for this were, on the one hand, the women's right to vote and thus the doubling of the electorate, on the other hand, a certain dissatisfaction with interest-specific mobilizations and influence in the community assemblies, which were often poorly attended at that time. A Swiss peculiarity remains that, despite parliaments, there is no parliamentary system in which the mayor and the other members of the council are appointed by the parliamentary majority. Instead, the executive is determined in its own election and independently of the political balance of power in parliament. Only a few municipalities in the canton of Neuchâtel practice the election of the executive by parliament.
Overview
On January 1, 2019, there were a total of 464 municipal parliaments in Switzerland, that is, around a fifth of all municipalities. Different names are used depending on the canton.
Canton | Municipal parliaments |
Designations |
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10 | City Council |
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1 | City Council |
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5 | City Council |
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2 | Great council, residents' council |
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23 | German: Municipal Parliament, Great Municipal Council, City Council French: Conseil général, Conseil de ville |
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21st | French: Conseil général, German: Generalrat |
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45 | Conseil municipal |
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17th | German: Municipal Parliament, Municipal Council, Grand District Administrator, Parliament Italian: Consiglio comunale, Giunta comunale Romanesque: Cussegl da vischnaunca, Parliament |
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5 | Conseil général, Conseil de ville |
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4th | Big city council, residents' council |
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31 | Conseil général |
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5 | Residents' Council, Grand City Council |
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1 | Municipal Parliament |
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3 | City Parliament |
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100 | Consiglio Comunale |
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4th | Local council, city parliament |
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162 | Conseil communal |
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11 | Conseil général |
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1 | Big council |
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13 | Municipal Parliament, Municipal Council, Large Municipal Council |
Situation in the individual cantons
Aargau
local community | Seats | Population (2017) |
---|---|---|
Aarau | 50 | 21,268 |
to bathe | 50 | 19,175 |
Brugg | 50 | 11,129 |
Box | 40 | 7922 |
Lenzburg | 40 | 10,173 |
Obersiggenthal | 40 | 8568 |
Wettingen | 50 | 20,721 |
Windisch | 40 | 7654 |
Well | 40 | 16'078 |
Zofingen | 40 | 11'561 |
All municipal parliaments in the canton of Aargau bear the uniform designation "Residents' Council". Its legal basis is the “Law on Residential Communities” of December 19, 1978, in particular Chapter 2.3 (“The organization with residents 'council”) with paragraphs 52 to 71. According to Section 65, a residents' council must have at least 30 and a maximum of 80 members. In practice, however, a size of 40 or 50 members has prevailed. The resident councils are elected in the same way as the grand council , i.e. every four years according to the proportional representation procedure .
In the municipal structure report from 2013, the government council took the view that a residents' council would make sense for municipalities with more than 10,000 inhabitants. Of the currently twelve municipalities above this threshold (as of 2017), five are organized with a municipal assembly, while three municipalities with less than 10,000 inhabitants have introduced the residents' council.
The introduction of parliaments was only possible with the "Law on Extraordinary Municipal Organization" of 1963; before that, even in larger municipalities, there were only municipal assemblies. A further complicating factor at the time was the fact that at least half of the voters had to be present for the meetings to have a quorum . In 1966 five municipalities introduced the residents' council, and ten more followed by 1974. No new councils have been created since then. In contrast, five municipalities abolished their council and returned to the municipal assembly: Aarburg (1972–1989), Neuenhof (1966–1997), Oftringen (1974–1989), Spreitenbach (1974–1985) and Suhr (1974–1981). Attempts to (re) introduce it failed last in 2014 in Rheinfelden and 2015 in Oftringen.
Appenzell Ausserrhoden
local community | Seats | Pop. (2017) |
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Herisau | 31 | 15,780 |
In the canton of Appenzell Ausserrhoden , Article 13 of the Municipal Act of June 7, 1998 enables the introduction of a municipal parliament. Only the canton's capital Herisau has made use of this possibility so far , where the parliament is referred to as the “residents' council”.
Basel-Country
local community | Seats | Pop. (2017) |
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Allschwil | 40 | 20,913 |
Binningen | 40 | 15,580 |
Liestal | 40 | 14,269 |
Pratteln | 40 | 16,388 |
Reinach | 40 | 19'144 |
The municipal parliaments in the canton of Basel-Landschaft are regulated by the “Law on the Organization and Administration of the Municipalities” of May 28, 1970. Chapter 3.3.2 with paragraphs 112 to 132 describes the “extraordinary community organization” with a parliament instead of a community assembly. There are parliaments in five municipalities and are uniformly called «residents' councils». Section 113 leaves it to the municipal ordinances to determine the size of the parliaments, but they all have 40 members.
In 1972 the six municipalities of Allschwil, Binningen, Liestal, Münchenstein , Pratteln and Reinach introduced the residents' council. Birsfelden followed suit four years later . However, Münchenstein and Birsfelden abolished their residents' council in 1980 and 1992, respectively. To date, Muttenz has no municipal parliament , where its introduction has failed five times (most recently in 2018).
Basel city
local community | Seats | designation | Pop. (2017) |
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Basel | 100 | Great advice | 171,613 |
Riehen | 40 | City Council | 21,244 |
The canton of Basel-Stadt is a special case . According to Section 57 of the cantonal constitution, the canton also handles the business of the community of Basel . Thus, the cantonal parliament, the Grand Council , is also the Basel city parliament. As a result, the MPs from Riehen and Bettingen also have a say in matters that exclusively concern Basel. Until 1875, Basel had its own city parliament. The constitution of 1875 and the municipal law of 1876 allowed Riehen and Bettingen to hold their own municipal assemblies. In 1924, Riehen introduced a parliament instead of the municipal assembly, called the “Further Municipal Council”. With the new municipal law of October 17, 1984, it was given today's designation "Residents' Council".
Bern
local community | Seats | designation | Pop. (2017) |
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Bern | 80 | City council | 133,798 |
Biel / Bienne | 60 | German: City Council French: Conseil de ville |
54,640 |
Burgdorf | 40 | City council | 16'280 |
Interlaken | 30th | Big council | 5592 |
Koeniz | 40 | Municipal Parliament | 41,507 |
La Neuveville | 35 | Conseil général | 3698 |
Langenthal | 40 | City council | 15,639 |
Langnau i. E. | 40 | Big council | 9419 |
Lyss | 40 | Big council | 14,887 |
Moutier | 41 | Conseil de ville | 7477 |
Münchenbuchsee | 40 | Big council | 10'079 |
Münsingen | 30th | Municipal Parliament | 12,533 |
Muri near Bern | 40 | Big council | 13'058 |
Nidau | 30th | City council | 6827 |
Ostermundigen | 40 | Big council | 17,546 |
Spiez | 36 | Big council | 12,707 |
Steffisburg | 34 | Big council | 15,816 |
Saint-Imier | 30th | Conseil de ville | 5156 |
Tuna | 40 | City council | 43,743 |
Tramelan | 37 | Conseil général | 4595 |
Valbirse | 30th | Conseil général | 4017 |
Worb | 40 | Big council | 11'394 |
Zollikofen | 40 | Big council | 10,314 |
The canton of Bern grants the municipalities a relatively large amount of leeway in the legal structuring of their parliaments. In the municipal law of March 16, 1998, Article 24 only stipulates that a parliament must have at least 30 members. Otherwise, responsibility, number of members and term of office can be freely determined in the organizational regulations. Almost half of the parliaments (11 out of 23) have chosen 40 members. A special feature is the parliament of Spiez : Here the municipal regulations stipulate that the districts of Einigen , Hondrich, Faulensee and Spiezwiler each have the right to a minimum of two seats.
The designation also differs from place to place. In German they are called “Municipal Parliament”, “Grosser Gemeinderat” or “Stadtrat”, in French either “Conseil général” (General Council) or “Conseil de ville” (City Council). In comparison to other German-speaking cantons, municipal parliaments are relatively frequent in the canton of Bern. Currently (2019) Belp and Ittigen are the only communities with more than 10,000 inhabitants that continue to hold community assemblies. On the other hand, there are eight parliamentary communities below this threshold, five of them in the Bernese Jura .
Freiburg
local community | Seats | designation | Pop. (2017) |
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Attalens | 30th | Conseil général | 3427 |
Avry | 30th | Conseil général | 1880 |
Belfaux | 30th | Conseil général | 3338 |
Belmont-Broye | 60 | Conseil général | 5'425 |
Cop | 50 | Conseil général | 22,709 |
Châtel-Saint-Denis | 50 | Conseil général | 6723 |
Cheyres-Châbles | 30th | Conseil général | 2278 |
Cugy | 30th | Conseil général | 2735 |
Düdingen | 50 | General Council | 7823 |
Estavayer | 60 | Conseil général | 9494 |
Freiburg | 80 | French: Conseil général, German: Generalrat |
38,521 |
Gibloux | 50 | Conseil général | 7306 |
Marly | 50 | Conseil général | 8201 |
Montagny | 30th | Conseil général | 2536 |
Murten | 50 | General Council | 8222 |
Riaz | 30th | Conseil général | 2627 |
Romont | 50 | Conseil général | 5304 |
Rue | 30th | Conseil général | 1505 |
Villars-sur-Glâne | 50 | Conseil général | 12,114 |
Vuadens | 30th | Conseil général | 2317 |
Wünnewil-Flamatt | 50 | General Council | 5558 |
In the canton of Friborg , the “Law on Municipalities” of September 25, 1980 deals in detail with the organization of the municipal parliaments, namely Chapter 2.3 with Articles 25 to 53. The parliaments are called “Generalrat” in German and “Conseil général” in French . Article 25 stipulates that the municipalities of Bulle , Châtel-Saint-Denis , Estavayer , Freiburg , Marly , Murten , Romont and Villars-sur-Glâne must have a general council. According to Article 26, all other municipalities with more than 600 inhabitants are free to replace the municipal assembly with a general council. General councilors can have between 30 and 80 members (Article 27), the term of office is five years (Article 29).
The municipality of Belmont-Broye has a special regulation , which was created in 2016 through the merger of several small municipalities. In order to ensure an adequate representation of the individual places, the municipal code stipulates the following allocation of the seats: Domdidier has 30 seats, Dompierre 14 seats, Léchelles 12 seats and Russy 4 seats.
General councils tend to be more common in the French-speaking part of the canton. There is now no community over 5000 inhabitants that still has a community assembly (in the German-speaking part over 8000 inhabitants), and several communities with in some cases significantly fewer inhabitants have decided to introduce the General Council. The German-speaking communities of Wünnewil-Flamatt and Düdingen had temporarily abolished the General Council, but reintroduced it in 2010 and 2015 respectively.
Geneva
In the canton of Geneva , the Municipal Administration Act of April 13, 1984 (Loi sur l'administration des communes) regulates the rights and obligations of the municipalities. Article 3 prescribes a «Conseil municipal» (municipal council) for all municipalities, there are no municipal assemblies. Article 5 stipulates how many seats a municipal council has. In the smallest municipalities with less than 600 inhabitants, this is 9 seats. This is followed by municipalities with 11, 13, 15 seats etc. up to municipalities with 37 seats and more than 30,000 inhabitants. Deviating from this system, the General Council of the canton capital Geneva has 80 seats. Before each election, the State Council determines the number of seats based on the current number of residents (Article 6).
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Grisons
local community | Seats | designation | Pop. (2017) |
---|---|---|---|
Arosa | 14th | Municipal Parliament | 3185 |
Breil / Brigels | 13 | Cussegl da vischnaunca | 1248 |
Chur | 21st | Municipal council | 35,038 |
Davos | 17th | Great District Administrator | 10,937 |
Disentis / Mustér | 14th | Cussegl da vischnaunca | 2092 |
Domat / Ems | 15th | Municipal council | 8070 |
Grono | 15th | Consiglio Comunale | 1373 |
Ilanz / Glion | 25th | houses of Parliament | 4704 |
Klosters-Serneus | 15th | Municipal council | 4437 |
Mesocco | 21st | Consiglio Comunale | 1374 |
Poschiavo | 16 | Giunta comunale | 3516 |
Roveredo | 21st | Consiglio Comunale | 2483 |
Samnaun | 9 | Municipal council | 762 |
St. Moritz | 17th | Municipal council | 4994 |
Trun | 15th | Cussegl da vischnaunca | 1172 |
Tujetsch | 11 | Cussegl da vischnaunca | 1256 |
Vaz / Obervaz | 15th | Municipal council | 2721 |
The municipalities in the canton of Graubünden have a lot of leeway when it comes to structuring their parliaments . The municipal law of October 17, 2017 only makes a few provisions of a general nature in this regard and largely leaves the regulation of the details to the municipal constitutions. This results in a large number of different powers, terms of office, number of seats and designations (in German, Italian and Romansh). What all parliaments have in common is that they are comparatively small (none has more than 25 seats).
This diversity allows for some unusual approaches. In the communities of St. Moritz and Trun there is both a parliament and a community assembly, which together form the legislature and have different powers. In Breil / Brigels , the parliament puts forward motions and makes proposals which then have to be approved by the municipal assembly.
Two municipalities have special requirements for the composition of parliament. In Arosa, seven seats are allocated to the capital of the same name, while seven seats are reserved for the towns of Calfreisen , Castiel , Langwies , Lüen , Molinis , Peist and St. Peter-Pagig, which were incorporated in 2013 . Ilanz / Glion , which also emerged from a merger in 2014, takes a similar approach : ten seats are allocated to the city of Ilanz , two each to the towns of Castrisch , Rueun and Ruschein and one each to Duvin , Ladir , Luven , Pigniu , Pitasch , Riein , Schnaus , Sevgein and Siat . The nine-member parliament in Samnaun is the smallest in Switzerland.
law
local community | Seats | designation | Pop. (2017) |
---|---|---|---|
Delémont | 41 | Conseil de ville | 12,625 |
Haute-Sorne | 33 | Conseil général | 6928 |
Les Bois | 21st | Conseil général | 1248 |
Porrentruy | 41 | Conseil de ville | 6809 |
Val Terbi | 23 | Conseil général | 2698 |
Articles 85 and 86 of the Municipal Law (Loi sur les communes) of 9 November 1978 deal with the municipal parliaments in the canton of Jura . They only make general guidelines and leave the details to the municipalities to regulate. The only mandatory requirement is that a parliament must have at least 21 seats. In the cities of Delémont and Porrentruy the name “Conseil de ville” (city council) applies, in the three other parishes “Conseil général” (general council).
Lucerne
local community | Seats | designation | Pop. (2017) |
---|---|---|---|
Emmen | 40 | City Council | 30,682 |
Horw | 30th | City Council | 13,915 |
Kriens | 30th | City Council | 26,997 |
Lucerne | 48 | Great city council | 81,401 |
In the canton of Lucerne , the municipal law of May 4, 2004 regulates the organization of the municipalities. Paragraph 12 stipulates that a parliament can be introduced instead of the municipal assembly and that it must be elected every four years by proportional representation. Clause 13 lists non-transferable powers and business that are subject to an optional referendum. All other requirements are set out in the municipal ordinances. With the exception of Ebikon , all municipalities with more than 10,000 inhabitants have a parliament; this is usually called the “residents' council”, in the canton capital of Lucerne it is called the “large city council”.
Neuchâtel
In the canton of Neuchâtel , the municipal law of December 21, 1964 (Loi sur les communes) regulates the rights and obligations of the municipalities. Article 14 prescribes a "Conseil général" (General Council) for all municipalities, there are no municipal assemblies. Article 25 sets the term of office at four years. The law does not specify the number of seats, but the size of the parliament is based on the number of inhabitants and ranges from 11 to 41 seats. Enges with 274 inhabitants (2017) is the smallest parish in Switzerland.
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Schaffhausen
local community | Seats | designation | Pop. (2017) |
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Ringing | 13 | City Council | 4643 |
Neuhausen am Rheinfall | 20th | City Council | 10,454 |
Schaffhausen | 36 | Great city council | 36,332 |
Stone at the Rhein | 15th | City Council | 3376 |
Thayngen | 15th | City Council | 5445 |
The canton of Schaffhausen regulates the community organization in the community law of August 17, 1998. Articles 39 to 48 deal with the "orderly organization" for communities with parliament (unlike other cantons in which parliaments are "extraordinary"). Article 39 stipulates that a parliament must have at least twelve seats. Article 40 leaves the municipalities free to elect their parliament by proportional or majority voting; only Stein am Rhein makes use of the latter option . According to Article 49, municipalities with less than 6,000 inhabitants can provide in their municipal constitution to maintain the municipal assembly in addition to the residents' council, which is currently not the case anywhere.
In the municipal law, the term “residents' council” is used uniformly; however, the canton capital Schaffhausen deviates from it for historical reasons and calls its parliament the “Grand City Council”. The community of Neunkirch abolished its residents' council in 2013 and has returned to the community assembly.
Solothurn
local community | Seats | designation | Pop. (2017) |
---|---|---|---|
Olten | 40 | Municipal Parliament | 18,389 |
Paragraphs 77 to 95 of the Municipal Act of February 16, 1992 regulate the “extraordinary municipal organization” in the canton of Solothurn . Section 91 allows the introduction of a community parliament with at least 20 members, although only the city of Olten has made use of this option to date . A mixed form is typical for larger municipalities, in which, in addition to the municipal assembly, there is also a municipal council that exercises both legislative and executive functions. In such cases, the municipal council has an unusually large number of members: In Grenchen , for example, there are 15, in the canton capital Solothurn even 30 (plus 15 substitute members).
St. Gallen
local community | Seats | Pop. (2017) |
---|---|---|
Gossau | 30th | 18,171 |
St. Gallen | 63 | 75,522 |
Wil | 40 | 23,768 |
The canton of St. Gallen has three parliaments at the local level, all of which are referred to as the “city parliaments”. Articles 28 to 52 of the Municipal Act of April 21, 2009 deal with their organization, which is why they all function according to the same guidelines. Only the number of seats is regulated in the municipal regulations. The St. Gallen municipalities are generally rather skeptical of city parliaments. Five of the eight municipalities with more than 10,000 inhabitants continue to have a municipal assembly (called “citizens' assembly” there). The city of Rapperswil-Jona , created in 2007 from the merger of Rapperswil and Jona , renounced a parliament. Its introduction was clearly rejected by the citizens' assembly in 2015. This makes Rapperswil-Jona, with around 27,000 inhabitants, the most populous municipality in Switzerland without a parliament. Rorschach abolished his parliament in 2004 after 95 years of existence.
Ticino
In the canton of Ticino , the Municipal Organization Act of March 10, 1987 (Legge organica comunale) deals with the municipal parliaments , which are collectively referred to as the “Consiglio comunale” (municipal council). Articles 42 to 79 in Chapter III make precise procedural provisions so that the way of working is the same everywhere. Article 42 stipulates that municipalities with more than 300 inhabitants can convene a parliament and that parliaments in municipalities with more than 5000 inhabitants must have at least 30 seats. The smallest parliaments have 15 seats, the largest in Bellinzona and Lugano 60 seats each. Only 15 municipalities, all with fewer than 1000 inhabitants (2017), hold on to the municipal meeting.
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Thurgau
local community | Seats | designation | Pop. (2017) |
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Arbon | 30th | City Parliament | 14,537 |
Frauenfeld | 40 | Municipal council | 25,442 |
Kreuzlingen | 40 | Municipal council | 21,801 |
Weinfelden | 30th | City Parliament | 11,388 |
The legal basis of the parliaments of municipalities in the canton of Thurgau is the “Law on Municipalities” of May 5, 1999, more precisely Chapter 2.2 with Paragraphs 14 to 16. The law only stipulates that a parliament must have at least 20 seats and must leave them the other design of the municipal ordinances. The existing parliaments have either 30 or 40 members and are called “municipal councils” or “city councils”.
Vaud
The canton of Vaud has by far the largest number of municipal parliaments, in a little more than half of all municipalities. More than a third of all Swiss municipal parliaments can also be found in this canton. Their common name is «Conseil communal» (local council). Their duties and responsibilities are regulated by law in the municipal law of February 28, 1956 (Loi sur les communes) . Article 1a stipulates that every municipality with more than 1000 inhabitants must have a municipal parliament; below this threshold the introduction is voluntary. The Vaudois municipal parliaments are larger than average; Article 17 specifies the number of seats in a binding manner: 25 to 45 seats for fewer than 1000 inhabitants, 35 to 70 seats for between 1001 and 5000 inhabitants, 50 to 85 seats for between 5001 and 10,000 inhabitants, and 70 to 100 seats for 10,000 people or more residents. Seven municipalities ( Lausanne , Montreux , Morges , Nyon , Pully , Vevey and Yverdon-les-Bains ) reach the maximum of 100 seats .
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Valais
local community | Seats | Pop. (2017) |
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Ayent | 30th | 3975 |
Bagnes | 45 | 8100 |
Collombey-Muraz | 45 | 9018 |
Conthey | 30th | 8691 |
Fully | 45 | 8737 |
Martigny | 60 | 18,174 |
Monthey | 60 | 17'563 |
Saint-Maurice | 30th | 4595 |
Sierre | 60 | 16,860 |
Sion | 60 | 34,599 |
Vétroz | 30th | 6268 |
Municipal parliaments in the canton of Valais are limited to the French-speaking part of the canton, while in the German-speaking part of Upper Valais there are only municipal assemblies to this day (here called “Primary Assembly” or “Assemblée primaire”). The designation of all parliaments is "Conseil général" (General Council), they are legally regulated in Articles 20 to 32 of the Municipal Law of February 5, 2004. While Article 20 allows all municipalities with more than 700 inhabitants to elect a General Council voluntarily Article 21 defines the binding minimum number of seats: 20 seats for up to 1000 inhabitants, 30 seats for 1001 to 5000 inhabitants, 45 seats for 5001 to 10'000 inhabitants and 60 seats for more than 10'000 inhabitants. A maximum of 80 seats are possible.
train
local community | Seats | designation | Pop. (2017) |
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train | 40 | Big council | 30,205 |
The capital Zug is so far the only municipality in the canton of Zug with a parliament. There, in 1963, the “Great Municipal Council” replaced the municipal assembly as the legislative body. The legal basis is the “Law on the Organization and Administration of Municipalities” of September 4, 1980, more precisely Chapter 2.3 (Residential municipalities with large municipal councils) with Paragraphs 104 to 108. Article 104 defines a minimum size of 20 seats.
Zurich
local community | Seats | designation | Pop. (2017) |
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Adliswil | 36 | Big council | 18,803 |
Bulach | 28 | Municipal council | 19,888 |
Dietikon | 36 | Municipal council | 27'079 |
Dubendorf | 40 | Municipal council | 28,141 |
Illnau-Effretikon | 36 | Big council | 16,975 |
Balls | 32 | Municipal council | 19,408 |
Opfikon | 36 | Municipal council | 19,978 |
Streaks | 36 | Municipal Parliament | 18,760 |
Uster | 36 | Municipal council | 34,516 |
Waedenswil | 35 | Municipal council | 21,792 |
Wetzikon | 36 | Big council | 24,513 |
Winterthur | 60 | Big council | 110,912 |
Zurich | 125 | Municipal council | 409,241 |
In the canton of Zurich , the municipal law of April 20, 2015 forms the legal basis, more precisely the 3rd section with paragraphs 27 to 37. Section 27 specifies that municipalities can introduce a parliament and that the number of their members is determined by the municipal code . According to Section 31, each parliament regulates its own organization in a municipal decree. For example, the cities of Zurich and Winterthur are divided into nine and six constituencies, respectively, in which votes are taken using the double-proportional allocation procedure . The terms “municipal council” and “large municipal council” have prevailed. With 125 seats, the parliament in Zurich is the largest in Switzerland.
The previously applicable municipal law from 1926 stipulated that Zurich and Winterthur must have a parliament. In addition, parliaments were reserved for municipalities with more than 2000 inhabitants. The latter provision, however, hardly corresponded to political reality, because the Zurich municipalities have been reluctant to introduce parliaments to this day, despite a very high degree of urbanization. Of the 30 communities with more than 10,000 inhabitants (2017), 17 still have a community assembly. After seven unsuccessful attempts, Wetzikon introduced a parliament in 2012, 85 years after the first vote.
Other cantons
There are no municipal parliaments in the cantons of Appenzell Innerrhoden , Glarus , Nidwalden , Obwalden , Schwyz and Uri . In 2010, the municipality of Glarus Nord , which emerged as part of the Glarus municipality reform , introduced a 50-member municipal parliament, but retained the municipal assembly (called the “citizens' assembly” there). Since both bodies acted together as legislature, there were repeated disputes over competence. Finally, on June 19, 2015, the citizens' assembly approved a motion calling for the abolition of the municipal parliament with a clear majority . In 2016, this measure was implemented after a successful referendum.
See also
literature
- Andreas Auer : Constitutional law of the Swiss cantons . Stämpfli, Bern 2016, ISBN 978-3-7272-3217-6 , p. 143-149 .
- Andreas Ladner: Municipal Assembly and Municipal Parliament . Considerations and empirical findings on the design of the legislative function in the Swiss municipalities. In: Cahier de l'IDHEAP . No. 292 . Institut de hautes études en administration publique, University of Lausanne, Lausanne 2016, ISBN 978-2-940390-79-3 ( online ).
Remarks
- ↑ The widespread designation of the organization with parliament as “extraordinary” and the one without parliament as “ordinary community organization” causes “more confusion than clarity” in a legal comparison; see Auer: Constitutional law of the Swiss cantons. P. 148.
- ↑ The term “legislature” is to be used with caution at the community level, since there the separation of powers only follows a functional scheme of legislative and executive activities to a very limited extent; see Auer: Constitutional Law of the Swiss Cantons. P. 148 f.
Individual evidence
- ^ Ladner: Municipal Assembly and Municipal Parliament . P. 59.
- ^ Ladner: Municipal Assembly and Municipal Parliament . Pp. 2-3.
- ^ Ladner: Municipal Assembly and Municipal Parliament . Pp. 5-6.
- ^ Ladner: Municipal Assembly and Municipal Parliament . Pp. 60-61.
- ^ Ladner: Municipal Assembly and Municipal Parliament . Pp. 61-62.
- ^ Ladner: Municipal Assembly and Municipal Parliament . Pp. 62-63.
- ^ Ladner: Municipal Assembly and Municipal Parliament . P. 60.
- ^ Andreas Ladner, Alexander Haus: Municipal Parliaments in Switzerland - Dissemination, Challenges and Approaches to Reform. DeFacto, April 2019, accessed July 1, 2019 .
- ↑ a b c d e f g h i j k l m n o p q r s t Permanent resident population by nationality category, gender and municipality, definitive annual results, 2017. (XLS, 183 kB) Federal Statistical Office , August 31, 2018, accessed on July 1, 2019 .
- ↑ 171.100 - Law on municipalities (municipal law, GG). Law collections of the Canton of Aargau, accessed on July 1, 2019 .
- ↑ Municipal structure report 2013 (PDF, 23.0 MB) Department of Economics and Internal Affairs, Municipal Department, 2013, pp. 12-13 , accessed on July 1, 2019 .
- ↑ a b Urs Hofmann : The residents' council: loss of democracy or gain in democracy? (PDF, 62 kB) Department of Economics and Home Affairs, March 14, 2016, accessed on July 1, 2019 .
- ↑ Beat Kirchhofer: The residents' council as a discontinued model? Zofinger Tagblatt , February 18, 2018, accessed on July 1, 2019 .
- ↑ bGS 151.11 - Municipal Act. Systematic collection of the Canton of Appenzell Ausserrhoden, accessed on July 1, 2019 .
- ↑ SGS 180 - Law on the Organization and Administration of Municipalities (Municipal Law). Systematic Collection Canton Basel-Landschaft, accessed on July 1, 2019 .
- ↑ Benjamin Wieland: The residents' council also fails at the fifth attempt. Basellandschaftliche Zeitung , September 24, 2018, accessed on July 1, 2019 .
- ↑ SG 111.100 - Constitution of the Canton of Basel-Stadt. Systematic collection of laws in the Canton of Basel-Stadt, accessed on July 1, 2019 .
- ↑ From the medieval committee on call and «councilor regiment» to the highest authority. Grand Council of the Canton of Basel-Stadt, accessed on July 1, 2019 .
- ↑ Michael Raith : Community customer Riehen . Ed .: Municipality of Riehen. Riehen 1988, p. 197-199 ( online ).
- ^ Municipal law (GG). BELEX - collections of laws of the Canton of Bern, accessed on July 1, 2019 .
- ↑ Municipal Code . (PDF, 293 kB) Municipality of Spiez, accessed on July 1, 2019 .
- ↑ a b Ladner: Municipal Assembly and Municipal Parliament . P. 18.
- ↑ SGF 140.1 - Law on the municipalities. Systematic collection of laws from the Canton of Friborg, accessed on July 1, 2019 .
- ^ Autorités communales. Belmont-Broye Parish, accessed July 1, 2019 .
- ^ Ladner: Municipal Assembly and Municipal Parliament . P. 66.
- ↑ Düdingen says yes to the General Council. Freiburger Nachrichten , June 14, 2015, accessed on July 1, 2019 .
- ^ Loi sur l'administration des communes (LAC). Législation genevoise, accessed July 1, 2019 (French).
- ↑ BR 175 050 - Municipalities Act of the canton of Grisons. Bündner Rechtsbuch (Syst. Collection), accessed on July 1, 2019 .
- ↑ organs. St. Moritz parish, accessed on July 1, 2019 .
- ↑ Las autoridads communalas. Trun parish, accessed on July 1, 2019 .
- ↑ Municipal Council. Community of Breil / Brigels, accessed on July 1, 2019 .
- ^ The municipal parliament . Arosa municipality, accessed on July 1, 2019 .
- ^ Constitution of the community of Ilanz / Glion. (PDF, 104 kB) Ilanz / Glion municipality, 2013, accessed on July 1, 2019 .
- ^ Loi sur les communes. Recueil systématique jurassien, accessed on July 1, 2019 (French).
- ^ Municipal law (GG). Systematic Legal Collection (SRL), accessed on July 1, 2019 .
- ^ Loi sur les communes (LCo). Recueil systématique de la législation neuchâteloise (RSN), accessed on July 1, 2019 (French).
- ^ Municipal law. (PDF, 135 kB) Schaffhauser Rechtsbuch (SHR), accessed on July 1, 2019 .
- ↑ a b Ladner: Municipal Assembly and Municipal Parliament . P. 69.
- ↑ BGS 131.1 - Municipal Act. Systematic collection of the Canton of Solothurn, accessed on July 1, 2019 .
- ↑ Municipal Council. City of Solothurn, accessed on July 1, 2019 .
- ↑ sGS 151.2 - Municipal Law. Systematic collection of the Canton of St. Gallen, accessed on July 1, 2019 .
- ↑ Pascal Unternährer: The largest municipality remains without a parliament. Tages-Anzeiger , June 11, 2015, accessed July 1, 2019 .
- ↑ No more palaver in Rorschach. Neue Zürcher Zeitung , December 8, 2004, accessed on July 1, 2019 .
- ^ Legge organica comunale. Raccolta delle leggi del Cantone Ticino, accessed July 1, 2019 (Italian).
- ^ Law on the municipalities. Legal Book of the Canton of Thurgau, accessed on July 1, 2019 .
- ^ Loi sur les communes (LC). (PDF, 125 kB) Canton of Vaud, accessed on July 1, 2019 (French).
- ↑ Municipal Law (GemG). Valais collection of laws, accessed on July 1, 2019 .
- ↑ Great Municipal Council (GGR). City of Zug, accessed on July 1, 2019 .
- ↑ BGS 171.1 - Law on the Organization and Administration of the Municipalities. Systematic Collection (BGS) Kanton Zug, accessed on July 1, 2019 .
- ↑ Municipal Law (GG) of April 20, 2015 (PDF, 529 kB) Zurich Collection of Laws (ZH-Lex), accessed on July 1, 2019 .
- ↑ Municipal Law (GG) of June 6, 1926 (PDF, 446 kB) Zurich Collection of Laws (ZH-Lex), accessed on July 1, 2019 .
- ^ Wetzikon receives a parliament. zueriost.ch, September 23, 2012, accessed on July 1, 2019 .
- ^ Glarus Nord abolishes the municipal parliament. Swiss radio and television , June 20, 2015, accessed on July 1, 2019 .