Bürgergemeinde
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The Bürgergemeinde (also Burgergemeinde, Ortsgemeinde, Ortsbürgergemeinde, Tagwen, commune bourgeoise, vischnanca burgaisa; ) is a
statutory corporation A statutory corporation is a corporation, government entity created as a statutory body by statute. Their precise nature varies by jurisdiction, but they are corporations owned by a government or controlled by national or sub-national government ...
in
public law Public law is the part of law that governs relations and affairs between legal persons and a government, between different institutions within a state, between different branches of governments, as well as relationships between persons that ...
in
Switzerland Switzerland, officially the Swiss Confederation, is a landlocked country located in west-central Europe. It is bordered by Italy to the south, France to the west, Germany to the north, and Austria and Liechtenstein to the east. Switzerland ...
. It includes all individuals who are citizens of the Bürgergemeinde, usually by having inherited the ''Bourgeoisie'' (citizenship), regardless of where they were born or where they may currently live. Membership of the Bürgergemeinde of a municipality is not to be confused with holding the municipality's citizenship, which, in certain cantons such as Valais, are two distinct legal concepts. Instead of the
place of birth The place of birth (POB) or birthplace 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. Practice regarding whether this place should be a cou ...
, Swiss legal documents, e.g. passports, contain the ''Heimatort'' (
place of origin In Switzerland, the place of origin (, literally "home place" or "citizen place"; ; , literally "place of relevance") denotes where a Swiss citizen has their municipal citizenship, usually inherited from previous generations. It is not to be confus ...
). It is, however, possible for a person to not possess bourgeoisie of the municipality from which they originate; laws relating to these matters vary depending on the canton in which the Bürgergemeinde is located. The ''Bürgergemeinde'' also often holds and administers the common property which had been bequeathed or otherwise given to the members of the bourgeoisie. The political communes or municipalities, the
parish A parish is a territorial entity in many Christianity, Christian denominations, constituting a division within a diocese. A parish is under the pastoral care and clerical jurisdiction of a priest#Christianity, priest, often termed a parish pries ...
and the ''Bürgergemeinde'' often include the same area but may be separate depending on the relevant cantonal law. With the increase in mobility since the first half of the 19th century, the ''Bürgergemeinde'' and the rights associated with citizenship in the municipality 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
Valais Valais ( , ; ), more formally, the Canton of Valais or Wallis, is one of the cantons of Switzerland, 26 cantons forming the Switzerland, Swiss Confederation. It is composed of thirteen districts and its capital and largest city is Sion, Switzer ...
and
Fribourg or is the capital of the Cantons of Switzerland, Swiss canton of Canton of Fribourg, Fribourg and district of Sarine (district), La Sarine. Located on both sides of the river Saane/Sarine, on the Swiss Plateau, it is a major economic, adminis ...
), ''commune bourgeois'' in Jura, ''Burgergemeinde'' (
Bern Bern (), or Berne (), ; ; ; . is the ''de facto'' Capital city, capital of Switzerland, referred to as the "federal city".; ; ; . According to the Swiss constitution, the Swiss Confederation intentionally has no "capital", but Bern has gov ...
,
Valais Valais ( , ; ), more formally, the Canton of Valais or Wallis, is one of the cantons of Switzerland, 26 cantons forming the Switzerland, Swiss Confederation. It is composed of thirteen districts and its capital and largest city is Sion, Switzer ...
), ''Ortsbürgergemeinde'' ( Uri,
Aargau Aargau ( ; ), more formally the Canton of Aargau (; ; ; ), is one of the Canton of Switzerland, 26 cantons forming the Switzerland, Swiss Confederation. It is composed of eleven districts and its capital is Aarau. Aargau is one of the most nort ...
), ''Ortsgemeinde'' ( St. Gallen,
Thurgau Thurgau (; ; ; ), anglicized as Thurgovia, and formally as the Canton of Thurgau, is one of the 26 cantons forming the Swiss Confederation. It is composed of five districts. Its capital is Frauenfeld. Thurgau is part of Eastern Switzerland. I ...
), ''vischnanca burgaisa'' ( Graubünden) or ''Tagwen'' (
Glarus Glarus (; ; ; ; ) is the capital of the canton of Glarus in Switzerland. Since 1 January 2011, the municipality of Glarus incorporates the former municipalities of Ennenda, Netstal and Riedern.Ticino Ticino ( ), sometimes Tessin (), officially the Republic and Canton of Ticino or less formally the Canton of Ticino, is one of the Canton of Switzerland, 26 cantons forming the Switzerland, Swiss Confederation. It is composed of eight districts ...
, they are called ''patriziati'', which emerged from the so-called ''vicinanze'' and are their legal successor. In the cantons of
Zurich Zurich (; ) is the list of cities in Switzerland, largest city in Switzerland and the capital of the canton of Zurich. It is in north-central Switzerland, at the northwestern tip of Lake Zurich. , the municipality had 448,664 inhabitants. The ...
,
Lucerne Lucerne ( ) or Luzern ()Other languages: ; ; ; . is a city in central Switzerland, in the Languages of Switzerland, German-speaking portion of the country. Lucerne is the capital of the canton of Lucerne and part of the Lucerne (district), di ...
, Nidwalden,
Schwyz Schwyz (; ; ) is a town and the capital of the canton of Schwyz in Switzerland. The Federal Charter of 1291 or ''Bundesbrief'', the charter that eventually led to the foundation of Switzerland, can be seen at the ''Bundesbriefmuseum''. The of ...
,
Glarus Glarus (; ; ; ; ) is the capital of the canton of Glarus in Switzerland. Since 1 January 2011, the municipality of Glarus incorporates the former municipalities of Ennenda, Netstal and Riedern.Schaffhausen Schaffhausen (; ; ; ; ), historically known in English as Shaffhouse, is a list of towns in Switzerland, town with historic roots, a municipalities of Switzerland, municipality in northern Switzerland, and the capital of the canton of Schaffh ...
,
Appenzell Ausserrhoden Canton of Appenzell Ausserrhoden ( ; ; ; ), in English sometimes Appenzell Outer Rhodes, is one of the Canton of Switzerland, 26 cantons forming the Switzerland, Swiss Confederation. It is composed of twenty municipalities. The seat of the gove ...
, Appenzell Innerrhoden,
Neuchâtel Neuchâtel (, ; ; ) is a list of towns in Switzerland, town, a Municipalities of Switzerland, municipality, and the capital (political), capital of the cantons of Switzerland, Swiss canton of Neuchâtel (canton), Neuchâtel on Lake Neuchâtel ...
,
Geneva Geneva ( , ; ) ; ; . is the List of cities in Switzerland, second-most populous city in Switzerland and the most populous in French-speaking Romandy. Situated in the southwest of the country, where the Rhône exits Lake Geneva, it is the ca ...
, and
Vaud Vaud ( ; , ), more formally Canton of Vaud, is one of the Cantons of Switzerland, 26 cantons forming the Switzerland, Swiss Confederation. It is composed of Subdivisions of the canton of Vaud, ten districts; its capital city is Lausanne. Its coat ...
there are no ''Bürgergemeinden'' with the political communes handle the associated responsibilities. Andreas Auer: ''Staatsrecht der schweizerischen Kantone.'' Stämpfli, Bern 2016, ISBN 978-3-7272-3217-6, p. 135/6. 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 cantons the political municipalities 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 ( ; ), also known as Basle ( ), ; ; ; . is a city in northwestern Switzerland on the river Rhine (at the transition from the High Rhine, High to the Upper Rhine). Basel is Switzerland's List of cities in Switzerland, third-most-populo ...
and
Bern Bern (), or Berne (), ; ; ; . is the ''de facto'' Capital city, capital of Switzerland, referred to as the "federal city".; ; ; . According to the Swiss constitution, the Swiss Confederation intentionally has no "capital", but Bern has gov ...
the ''Bürgergemeinden'' even have their own legislative assembly. In some cantons, the ''Bürgergemeinde'' still grants municipal citizenship, which is a fundamental aspect of the process of naturalisation. In addition, in many cantons the ''Bürgergemeinde'' is active in the local community. It may run hospitals, retirement and youth homes, provide scholarships and support the unemployed, the disabled and addicts. Some ''Bürgergemeinden'' also provide cultural services, 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 Republic. Under the
Old Swiss Confederacy The Old Swiss Confederacy, also known as Switzerland or the Swiss Confederacy, was a loose confederation of independent small states (, German or ), initially within the Holy Roman Empire. It is the precursor of the modern state of Switzerlan ...
, 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 Helvetic citizenship, which gave equally to citizens of the old towns and their tenants and servants, led to conflict. The wealthier villagers and urban citizens held rights to forests, common lands and other municipal properties which they did not wish to share with the newly enfranchised, 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), certain canton, having regained independence, revoked the reforms that the French-imposed Helvetic Republic had implemented. 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 canton of Zurich the Municipal Act of 1866 brought the political municipality 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 profits made from the property were retained by the ''Bürgergemeinden'', leaving the political municipality dependent on the ''Bürgergemeinde'' for money and use of the property. It was not until the political municipalities 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, the property division of 1852 gave the political municipality the right to levy taxes. The Federal Constitution of 1874 removed discrimination based on one's place and canton of origin and all male Swiss citizens were granted equal political rights. 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 migration from rural areas to the cities. This led to the ''Bürgergemeinde'' losing its former importance to a large extent. Nevertheless, the institution was not fundamentally challenged in certain cantons. This may be due, primarily, to the tradition of the ''Bürgergemeinde'' providing relief to the poor in certain cantons. This tradition dates back to the 16th century. In the 20th century, this was taken over by the Federal Social Welfare organization, and later by cantonal governments. However, in some cantons ''Bürgergemeinden'' have voluntarily remained active participants in the provision of social welfare. In many other cantons, e.g. the canton of Lucerne, the ''Bürgergemeinde'' and political municipality have merged into each other.


See also

* Communes of Switzerland * Degagna * Burgrecht


References


External links


Website of the Swiss Association of ''Bürgergemeinden'' and ''Kooperationen''
* {{DEFAULTSORT:Burgergemeinde Local government in Switzerland Subdivisions of Switzerland