Bürgergemeinde
Encyclopedia
The Bürgergemeinde is a statutory corporation
in public law
in Switzerland
. It includes all individuals who are citizens of the Bürgergemeinde, usually by having inherited the Bürgerrecht (citizenship), regardless of where they were born or where they may currently live. Instead of the place of birth
, Swiss legal documents, e.g. passports, contain the Bürgerort (place of citizenship). The Bürgergemeinde also often holds and administers the common property
in the village for the members of the community. The political communes or municipalities, the parish
and the Bürgergemeinde often include the same area but have different focuses. With the increase in mobility since the first half of the 19th century, the Bürgergemeinde and the rights associated with citizenship in the community have lost most of their meaning. Today, in Switzerland there are nearly 2000 Bürgergemeinden and corporations.
and Fribourg
), commune bourgeois in Jura
, Burgergemeinde (Bern, Valais
), Ortsbürgergemeinde (Uri
, Aargau
), Ortsgemeinde (St. Gallen
, Thurgau
), vischnanca burgaisa (Graubünden
) or Tagwen (Glarus
). In Ticino
, they are called patriziati, which emerged from the so-called vicinanze and are their legal successor. In the cantons of Nidwalden
, Schwyz
, Appenzell Innerrhoden
, Neuchâtel
, Geneva
, and Vaud
there are no Bürgergemeinden (the political communes handle the associated responsibilities; however, citizenship of the Bürgerort resp. Heimatort is still inherited). In Nidwalden, Schwyz, and Appenzell Innerrhoden, however, there are privately organized corporations that operate in much the same way.
The various types of Bürgergemeinden indicate the large differences in the degree of organization, powers and responsibilities that they hold throughout Switzerland. While in many places the political municipality holds the power to make and implement policy, in some cities the Bürgergemeinde has right to self-government, and can have its own executive council. In Basel
and Bern the Bürgergemeinden even have their own parliament. In some cantons, the Bürgergemeinde still grants municipal citizenship, without which the acquisition of Swiss citizenship is impossible. In addition, in many places the Bürgergemeinde is active in the local community. They may run hospitals, retirement and youth homes, provide scholarships and support the unemployed, the disabled and addicted. Some Bürgergemeinden also provide services in the cultural field, such as supporting libraries and museums. To cover these tasks, the Bürgergemeinde may collect taxes or interest, or use their community assets (such as fields, farms and woods).
. Under the Old Swiss Confederacy
, citizenship was granted by each town and village only to residents. These citizens enjoyed access to community property and in some cases additional protection under the law. Additionally, the urban towns and the rural villages had differing rights and laws. The creation of a uniform Swiss citizenship, which applied equally for citizens of the old towns and their tenants and servants, led to conflict. The wealthier villagers and urban citizens held rights to forests, common land and other municipal property which they did not want to share with the "new citizens", who were generally poor. The compromise solution, which was written into the municipal laws of the Helvetic Republic, is still valid today. Two politically separate but often geographically similar organizations were created. The first, the so-called municipality, was a political community formed by election and its voting body consists of all resident citizens. However, the community land and property remained with the former local citizens who were gathered together into the Bürgergemeinde. During the Mediation era
(1803–1814), and especially during the Restoration era (1814–1830), many of the gains toward uniform citizenship were lost. Many political municipalities were abolished and limits were placed on the exercise of political rights for everyone except the members of the Bürgergemeinde. In the Regeneration era (1830–1848), the liberal revolutions of the common people helped to restore some rights again in a few cantons. In other cantons, the Bürgergemeinden were able to maintain power as political communities. In the city of Zurich
it wasn't until the Municipal Act of 1866 that the political municipality came back into existence.
The relationship between the political municipality and the Bürgergemeinde was often dominated by the latter's ownership of community property. Often the administration and profit from the property were totally held by the Bürgergemeinden, leaving the political municipality dependent on the Bürgergemeinde for money and use of the property. It wasn't until the political municipality acquired rights over property that served the public (such as schools, fire stations, etc.) and taxes, that they obtained full independence. For example, in the city of Bern, it wasn't until after the property division of 1852 that the political municipality had the right to levy taxes.
It wasn't until the Federal Constitution of 1874
that all Swiss citizens were granted equal political rights on local and Federal levels. This revised constitution finally removed all the political voting and electoral body rights from the Bürgergemeinde. In the cities, the percentage of members in the Bürgergemeinde in the population was reduced as a result of increasing emigration to the cities. This led to the Bürgergemeinde losing its former importance to a large extent. Nevertheless, the institution was not fundamentally challenged. This may be due, primarily, to the tradition of the Bürgergemeinde providing relief to the poor. This is a tradition that dates back to the 16th Century. In the 20th Century, this was taken over by the Federal Social Welfare organization. However, many Bürgergemeinden have remained active in this on a voluntary basis. In a few places, such as for example in the city of Lucerne
, the Bürgergemeinde and political municipality have merged into each other.
Statutory Corporation
A statutory corporation or public body is a corporation created by statute. While artificial legal personality is almost always the result of statutory intervention, a statutory corporation does not include corporations owned by shareholders whose legal personality derives from being registered...
in public law
Public law
Public law is a theory of law governing the relationship between individuals and the state. Under this theory, constitutional law, administrative law and criminal law are sub-divisions of public law...
in Switzerland
Switzerland
Switzerland name of one of the Swiss cantons. ; ; ; or ), in its full name the Swiss Confederation , is a federal republic consisting of 26 cantons, with Bern as the seat of the federal authorities. The country is situated in Western Europe,Or Central Europe depending on the definition....
. It includes all individuals who are citizens of the Bürgergemeinde, usually by having inherited the Bürgerrecht (citizenship), regardless of where they were born or where they may currently live. Instead of the place of birth
Place of birth
The place of birth is the place where a person was born. This place is often used in legal documents, together with name and date of birth, to uniquely identify a person. The place of birth is not necessarily the place where the parents of the new baby live. If the baby is born in a hospital in...
, Swiss legal documents, e.g. passports, contain the Bürgerort (place of citizenship). The Bürgergemeinde also often holds and administers the common property
The commons
The commons is terminology referring to resources that are owned in common or shared between or among communities populations. These resources are said to be "held in common" and can include everything from natural resources and common land to software. The commons contains public property and...
in the village for the members of the community. The political communes or municipalities, the parish
Parish
A parish is a territorial unit historically under the pastoral care and clerical jurisdiction of one parish priest, who might be assisted in his pastoral duties by a curate or curates - also priests but not the parish priest - from a more or less central parish church with its associated organization...
and the Bürgergemeinde often include the same area but have different focuses. With the increase in mobility since the first half of the 19th century, the Bürgergemeinde and the rights associated with citizenship in the community have lost most of their meaning. Today, in Switzerland there are nearly 2000 Bürgergemeinden and corporations.
Names
The Bürgergemeinde is known by different names in individual cantons. These names include: bourgeoisie (in ValaisValais
The Valais is one of the 26 cantons of Switzerland in the southwestern part of the country, around the valley of the Rhône from its headwaters to Lake Geneva, separating the Pennine Alps from the Bernese Alps. The canton is one of the drier parts of Switzerland in its central Rhône valley...
and Fribourg
Canton of Fribourg
The Canton of Fribourg is a canton of Switzerland. It is located in the west of the country. The capital of the canton is Fribourg. The name Fribourg is French, whereas is the German name for both the canton and the town.-History:...
), commune bourgeois in Jura
Canton of Jura
The Republic and Canton of the Jura , also known as the Canton of Jura or Canton Jura, is one of the cantons of Switzerland. It is the newest of the 26 Swiss cantons, located in the northwestern part of Switzerland. The capital is Delémont...
, Burgergemeinde (Bern, Valais
Valais
The Valais is one of the 26 cantons of Switzerland in the southwestern part of the country, around the valley of the Rhône from its headwaters to Lake Geneva, separating the Pennine Alps from the Bernese Alps. The canton is one of the drier parts of Switzerland in its central Rhône valley...
), Ortsbürgergemeinde (Uri
Canton of Uri
Uri is one of the 26 cantons of Switzerland and a founding member of the Swiss Confederation. It is located in Central Switzerland. The canton's territory covers the valley of the Reuss River between Lake Lucerne and the St. Gotthard Pass. German is the primary language spoken in Uri...
, Aargau
Aargau
Aargau is one of the more northerly cantons of Switzerland. It comprises the lower course of the river Aare, which is why the canton is called Aar-gau .-History:...
), Ortsgemeinde (St. Gallen
Canton of St. Gallen
The Canton of St. Gallen is a canton of Switzerland. St. Gallen is located in the north east of Switzerland. It covers an area of 2,026 km², and has a population of . , the population included 97,461 foreigners, or about 20.9% of the total population. The capital is St. Gallen. Spelling...
, Thurgau
Thurgau
Thurgau is a northeast canton of Switzerland. The population, , is . In 2007, there were a total of 47,390 who were resident foreigners. The capital is Frauenfeld.-History:...
), vischnanca burgaisa (Graubünden
Graubünden
Graubünden or Grisons is the largest and easternmost canton of Switzerland. The canton shares borders with the cantons of Ticino, Uri, Glarus and St. Gallen and international borders with Italy, Austria and Liechtenstein...
) or Tagwen (Glarus
Glarus
Glarus is the capital of the Canton of Glarus in Switzerland. Glarus municipality since 1 January 2011 incorporates the former municipalities of Ennenda, Netstal and Riedern....
). In Ticino
Ticino
Canton Ticino or Ticino is the southernmost canton of Switzerland. Named after the Ticino river, it is the only canton in which Italian is the sole official language...
, they are called patriziati, which emerged from the so-called vicinanze and are their legal successor. In the cantons of Nidwalden
Nidwalden
Nidwalden is a canton of Switzerland. It is located in the centre of Switzerland. The population is 40,287 of which 4,046 are foreigners. The capital is Stans.-History:...
, Schwyz
Canton of Schwyz
Schwyz is a canton in central Switzerland between the Alps in the south, Lake Lucerne in the east and Lake Zurich in the north, centered around and named after the town of Schwyz....
, Appenzell Innerrhoden
Appenzell Innerrhoden
Appenzell Innerrhoden is the smallest canton of Switzerland by population and the second smallest by area, Basel-City having less area.-Foundation:...
, Neuchâtel
Canton of Neuchâtel
Neuchâtel is a canton of French speaking western Switzerland. In 2007, its population was 169,782 of which 39,654 were foreigners. The capital is Neuchâtel.-History:...
, Geneva
Canton of Geneva
The Republic and Canton of Geneva is the French speaking westernmost canton or state of Switzerland, surrounded on almost all sides by France. As is the case in several other Swiss cantons The Republic and Canton of Geneva is the French speaking westernmost canton or state of Switzerland,...
, and Vaud
Vaud
Vaud is one of the 26 cantons of Switzerland and is located in Romandy, the French-speaking southwestern part of the country. The capital is Lausanne. The name of the Canton in Switzerland's other languages are Vaud in Italian , Waadt in German , and Vad in Romansh.-History:Along the lakes,...
there are no Bürgergemeinden (the political communes handle the associated responsibilities; however, citizenship of the Bürgerort resp. Heimatort is still inherited). In Nidwalden, Schwyz, and Appenzell Innerrhoden, however, there are privately organized corporations that operate in much the same way.
The various types of Bürgergemeinden indicate the large differences in the degree of organization, powers and responsibilities that they hold throughout Switzerland. While in many places the political municipality holds the power to make and implement policy, in some cities the Bürgergemeinde has right to self-government, and can have its own executive council. In Basel
Basel
Basel or Basle In the national languages of Switzerland the city is also known as Bâle , Basilea and Basilea is Switzerland's third most populous city with about 166,000 inhabitants. Located where the Swiss, French and German borders meet, Basel also has suburbs in France and Germany...
and Bern the Bürgergemeinden even have their own parliament. In some cantons, the Bürgergemeinde still grants municipal citizenship, without which the acquisition of Swiss citizenship is impossible. In addition, in many places the Bürgergemeinde is active in the local community. They may run hospitals, retirement and youth homes, provide scholarships and support the unemployed, the disabled and addicted. Some Bürgergemeinden also provide services in the cultural field, such as supporting libraries and museums. To cover these tasks, the Bürgergemeinde may collect taxes or interest, or use their community assets (such as fields, farms and woods).
History
The beginnings of the modern municipality system date back to the Helvetic RepublicHelvetic Republic
In Swiss history, the Helvetic Republic represented an early attempt to impose a central authority over Switzerland, which until then consisted mainly of self-governing cantons united by a loose military alliance, and conquered territories such as Vaud...
. Under the Old Swiss Confederacy
Old Swiss Confederacy
The Old Swiss Confederacy was the precursor of modern-day Switzerland....
, citizenship was granted by each town and village only to residents. These citizens enjoyed access to community property and in some cases additional protection under the law. Additionally, the urban towns and the rural villages had differing rights and laws. The creation of a uniform Swiss citizenship, which applied equally for citizens of the old towns and their tenants and servants, led to conflict. The wealthier villagers and urban citizens held rights to forests, common land and other municipal property which they did not want to share with the "new citizens", who were generally poor. The compromise solution, which was written into the municipal laws of the Helvetic Republic, is still valid today. Two politically separate but often geographically similar organizations were created. The first, the so-called municipality, was a political community formed by election and its voting body consists of all resident citizens. However, the community land and property remained with the former local citizens who were gathered together into the Bürgergemeinde. During the Mediation era
Act of Mediation
The Act of Mediation was issued by Napoleon Bonaparte on 19 February 1803 establishing the Swiss Confederation. The act also abolished the previous Helvetic Republic, which had existed since the invasion of Switzerland by French troops in 1798. After the withdrawal of French troops in July 1802,...
(1803–1814), and especially during the Restoration era (1814–1830), many of the gains toward uniform citizenship were lost. Many political municipalities were abolished and limits were placed on the exercise of political rights for everyone except the members of the Bürgergemeinde. In the Regeneration era (1830–1848), the liberal revolutions of the common people helped to restore some rights again in a few cantons. In other cantons, the Bürgergemeinden were able to maintain power as political communities. In the city of Zurich
Zürich
Zurich is the largest city in Switzerland and the capital of the canton of Zurich. It is located in central Switzerland at the northwestern tip of Lake Zurich...
it wasn't until the Municipal Act of 1866 that the political municipality came back into existence.
The relationship between the political municipality and the Bürgergemeinde was often dominated by the latter's ownership of community property. Often the administration and profit from the property were totally held by the Bürgergemeinden, leaving the political municipality dependent on the Bürgergemeinde for money and use of the property. It wasn't until the political municipality acquired rights over property that served the public (such as schools, fire stations, etc.) and taxes, that they obtained full independence. For example, in the city of Bern, it wasn't until after the property division of 1852 that the political municipality had the right to levy taxes.
It wasn't until the Federal Constitution of 1874
Swiss Federal Constitution
The Federal Constitution of 18 April 1999 is the third and current federal constitution of Switzerland. It establishes the Swiss Confederation as a federal republic of 26 cantons , contains a catalogue of individual and popular rights , delineates the responsibilities of the...
that all Swiss citizens were granted equal political rights on local and Federal levels. This revised constitution finally removed all the political voting and electoral body rights from the Bürgergemeinde. In the cities, the percentage of members in the Bürgergemeinde in the population was reduced as a result of increasing emigration to the cities. This led to the Bürgergemeinde losing its former importance to a large extent. Nevertheless, the institution was not fundamentally challenged. This may be due, primarily, to the tradition of the Bürgergemeinde providing relief to the poor. This is a tradition that dates back to the 16th Century. In the 20th Century, this was taken over by the Federal Social Welfare organization. However, many Bürgergemeinden have remained active in this on a voluntary basis. In a few places, such as for example in the city of Lucerne
Lucerne
Lucerne is a city in north-central Switzerland, in the German-speaking portion of that country. Lucerne is the capital of the Canton of Lucerne and the capital of the district of the same name. With a population of about 76,200 people, Lucerne is the most populous city in Central Switzerland, and...
, the Bürgergemeinde and political municipality have merged into each other.