Act concerning the Organisation of the Courts and the Prosecution Service (Gerichtsorganisationsgesetz, GOG) (LOJ)

1. This law governs the organization and subject-matter jurisdiction of the courts of the Canton of Basel-Stadt; special statutory provisions remain reserved.

2. Furthermore, this law regulates the organization of the Public Prosecutor's Office and the Juvenile Prosecutor's Office of the Canton of Basel-Stadt and the supervision over these entities.

1. The Canton of Basel-Stadt constitutes a single judicial district.

1. Official and Procedural Language is German.

2. The courts use a language that is understandable to all parties, taking into particular consideration the special needs of individuals with sensory impairments as well as individuals with cognitive impairments. Where the written delivery of a judgment is provided for, parties with disabilities may request a brief oral explanation if needed.

1. Legally Mandated Publications are Issued in the Official Gazette of the Canton of Basel-Stadt.

2. For Important Reasons, an Additional Suitable Form of Publication May Be Ordered.

1. For the administration of justice in the canton, the following courts exist

1. The Civil Court and the associated Labour Court as the first-instance court in civil matters;

2. The Criminal Court and the associated Coercive Measures Court as the first-instance court in criminal matters;

3. The Juvenile Court as the first-instance court in juvenile criminal matters;

4. The Court for Protective Detention as the upper cantonal court;

5. The Social Insurance Court as the sole and upper cantonal court in social insurance law matters and in disputes arising from supplementary insurance to social health insurance according to the Federal Health Insurance Act (KVG) of March 18, 1994;

6. The Appellate Court and the associated cantonal judicial authority pursuant to the Act on the Implementation of Coercive Measures in Immigration Law of March 17, 2010, as the sole and upper cantonal court in constitutional, administrative, and statutorily prescribed civil disputes, as well as the appellate instance in civil and criminal matters;

7. The conciliation authorities pursuant to § 6 in cases where they have judicial tasks according to law.

1. There exist conciliation authorities of the Civil Court, the Appellate Court, and as parity conciliation authorities (Art. 200, 201 of the Civil Procedure Code [CPC] of December 19, 2008) the State Conciliation Board for Rental Disputes as well as the Cantonal Conciliation Board for Issues of Discrimination; for the parity conciliation authorities, the provisions of the Law on the State Conciliation Board for Rental Disputes (Conciliation Board Law) of February 8, 1995, as well as of the Cantonal Equality Act concerning Gender and Sexual Orientation (Cantonal Equality Act, CEqA) of January 10, 2024, are applicable.

2. As conciliation authorities of the Civil Court and the Appellate Court, the court presidents and the court clerks chosen by the respective court for this purpose serve.

3. The respective court elects the necessary number of court clerks for a term of office of four years. Eligible is anyone who possesses Swiss citizenship and chooses residency in Switzerland.

4. Each court shall issue regulations for its conciliation authority.

5. These regulations shall, in particular, stipulate that the parties are informed about the possibility of mediation by trained professionals in this field.

1. The administration of justice is the responsibility of the courts.

2. It is exercised by

1. the full courts, the presidium conferences, the presiding president of the appellate court, the social security court, the civil court, and the criminal court, as well as the president of the guardianship court and the juvenile court;

2. the judicial council.

1. The Judicial Council is the inter-court judicial administrative body.

2. The Judicial Council is composed of the Chief President or the Deputy President of the Court of Appeal, a deputy of the Chief President of the Court of Appeal, the Chief Presidents of the Social Security Court, the Civil Court, and the Criminal Court. The representative of the Criminal Court also represents the interests of the Juvenile Court, and the representative of the Court of Appeal represents those of the court for protective custody.

3. The chairmanship is held by the Chief President of the Court of Appeal or their deputy.

4. The First Court Clerk of the Court of Appeal and the Administrative Director of the Court of Appeal manage the secretariat of the Judicial Council, assist in the fulfillment of its duties, and generally participate in the meetings of the Judicial Council in an advisory capacity. The Judicial Council may invite other court personnel to its meetings in an advisory capacity.

1. The Judicial Council represents the courts within the scope of its competencies before the Grand Council and the Government Council.

2. The Judicial Council has the following duties

1. It prepares the budget and the accounts for the courts' expenditures and forwards them to the Government Council, which incorporates them unchanged into the cantonal budget and the cantonal annual report, and presents its position on these matters to the Grand Council.

2. It compiles the annual reports submitted to it by the courts for the Grand Council and simultaneously reports on its own activities.

3. Within the scope of the legal framework, it is responsible for the strategic guidelines in the areas of finance and accounting, information technology management, and, where a uniform regulation at the courts is necessary, human resources. It issues the necessary regulations for this purpose.

4. It decides on the classification of positions as well as individual ad personam classifications of the courts.

5. It issues a regulation on the compensation of witnesses, informants, and expert witnesses.

6. It issues a regulation on interpretation services.

7. It is responsible for issuing the other regulations assigned to it by law.

8. It ensures general business transactions with the Government Council.

9. It fulfills the additional tasks assigned to it by law.

1. The courts organize their structure, the distribution of business, the conduct of business, and the duties of the clerks and other staff in regulations, in accordance with statutory provisions and the strategic guidelines of the Judicial Council.

1. The Executive Council is responsible, in consultation with the Judicial Council, for the provision, management, and maintenance of the properties and buildings required by the courts.

2. The Executive Council also provides services in the areas of information technology and communications, in consultation with the Judicial Council.

3. The Judicial Council, after having consulted the courts, reports their needs to the Executive Council in a timely manner or makes its own decisions. The Executive Council appropriately considers the needs of the courts.

1. **Eligible as President of the Court** is anyone who is entitled to vote in cantonal matters and has obtained a licentiate in law or a Master of Law, including a Bachelor of Law, from a Swiss university.

2. **Eligible as a Member of the Directorate of the Public Prosecutor’s Office** is anyone who has obtained a licentiate in law or a Master of Law, including a Bachelor of Law, from a Swiss university, holds Swiss citizenship, and resides in Switzerland. A person can be appointed as a public prosecutor or juvenile prosecutor if they meet the eligibility requirements for members of the Directorate of the Public Prosecutor’s Office.

3. **Also eligible** is anyone who has obtained a Master of Law from a foreign university and additionally holds a cantonal attorney's license.

1. Eligible to be elected as a judge is anyone who has the right to vote in cantonal matters.

2. Holders of a professorship at the Faculty of Law of the University of Basel with residence in the canton are eligible to be elected as judges, even if they do not possess Swiss citizenship.

1. Eligible for election to the labor court as employers are the business owners, authorized signatories, unlimited liability partners in partnerships, and persons authorized to represent legal entities as per the commercial register. Persons who have received authority to hire and dismiss employees can be designated as employers by the management of the business.

2. Eligible for election to the labor court as employees are the employees of a trade, commercial, or manufacturing business who are not employers within the meaning of paragraph 1.

3. Persons engaged in an employment relationship under public law are not eligible for election.

1. Eligible for selection as a judge in the juvenile court is any individual who possesses a completed university education in jurisprudence, pedagogy, social work, medicine, psychology, or another university education deemed suitable for the court, or who has equivalent professional experience.

1. Eligible for election as a judge on the Social Insurance Court is anyone who has completed a university degree in jurisprudence, medicine, nursing sciences, social work, or another higher education qualification suitable for the court, or who possesses equivalent professional experience.

1. Eligible for selection as a judge in the court for protective detentions is any individual who possesses a completed specialist medical training in psychiatry or psychotherapy, a completed university education in law, psychology, social work, or another university education suitable for the court, or equivalent professional experience.

2. Individuals with completed specialist medical training in psychiatry or psychotherapy are also eligible for election as judges without voting rights in cantonal matters, provided they practice in Switzerland.

1. Eligible to be elected as a judge in the Court of Appeal is anyone who meets the professional eligibility requirements for court presidencies.

2. The provisions of the law on the enforcement of coercive measures in immigration law remain reserved.

1. A person holding the position of President, Judge, or Justice shall automatically vacate their office if they take up residence outside the canton, except as provided for specialized medical judges of the Court for Protective Custody and for individual judges handling coercive measures in immigration law according to the Law on the Execution of Coercive Measures in Immigration Law.

2. A member of the management of the Public Prosecutor's Office, a Public Prosecutor, or a Youth Attorney shall automatically vacate their office if they no longer meet the eligibility requirements for election.

3. A person serving as a Labor Judge will automatically vacate their position if they transition from being an employer to an employee or vice versa, or if they enter into a public law employment relationship; a change in professional activity or its cessation shall have no impact.

1. The Presidents of the Courts are elected in an electoral district according to the provisions of the Law on Elections and Voting (Election Law) of April 21, 1994, by the people.

2. The judges of the labor court, the juvenile court, and the court for protective custody are elected by the government council according to the provisions of this law.

3. The remaining judges are elected by the Grand Council. The preparation for the election is carried out by the Election Preparation Commission of the Grand Council.

4. The term of office for those elected is six years.

5. Special legal provisions remain reserved.

1. The members of the management of the Public Prosecutor's Office are elected by the Grand Council for a term of six years. If a member of the management reaches the age limit during the term of office, the election is valid only until the end of the month following the attainment of the age limit, unless a contrary decision is made. The election is prepared by the Election Preparation Commission of the Grand Council. As far as possible, due consideration should be given to an appropriate representation of genders.

2. The remaining positions are filled by the management of the Public Prosecutor's Office. The decisions of the management regarding the appointments are subject to the approval of the competent department.

1. In the election of judges, the following criteria should be considered as far as possible

1. an adequate representation of female and male lawyers;

2. professional suitability and availability;

3. an appropriate consideration of gender.

1. The Government Council forms professional groups based on related professions and determines the number of judges per group.

2. In doing so, an equal number of employer representatives and employee representatives are appointed for each group.

1. The government council announces the deadline for the submission of electoral proposals at least four months in advance.

2. At the same time, it publishes the eligibility requirements and the number of judges per group.

1. Proposals for the election of judges to the Labor Court may be submitted in writing by employer and employee organizations through the relevant department to the government council by the deadline set by the government council.

2. The persons proposed for election must be listed according to groups, with each person belonging to only one group. The relevant department checks the eligibility requirements and promptly reports to the government council.

3. If fewer eligible persons have been proposed than required, the government council sets a four-week deadline for the submission of additional proposals and publishes this extended period.

1. The government council elects an equal number of employer and employee representatives to a group.

2. If more nominations are received than there are positions to fill, the government council elects the judges. In doing so, it particularly considers the professional qualifications of the nominated individuals as well as the membership size of the professional organizations that submitted the nominations.

3. If the number of nominations received equals the number of positions to be filled, the government council declares the nominated individuals elected.

4. If there are too few nominations, the government council supplements the open positions, maintaining the equitable composition, based on its own knowledge and, where possible, considers the professional qualifications in its selection.

5. The names of the elected judges are published, organized by group, and indicating their affiliation as employee or employer.

1. In the election of judges to the juvenile court, appropriate consideration must be given to the professional orientation of the judges; two members must meet the professional eligibility requirements for court presidencies.

2. In the election of judges to the juvenile court, the president of the juvenile court, together with the two deputies, has the right to make proposals.

1. In the election of judges of the Court for Custodial Measures, appropriate consideration must be given to the professional specialization of the judges; the deputies of the President must meet the professional eligibility requirements for court presidencies.

2. In the election of judges of the Court for Custodial Measures, the President of the Court for Custodial Measures, together with the deputies, has the right to make proposals.

1. If a president is unable to perform their duties due to health or other significant reasons, or there is a need due to an exceptionally high workload, the Grand Council may, upon the request of the Judicial Council, elect a president for a specified time who meets the eligibility requirements for judicial presidencies.

2. If necessary, the number of judges provided for in this law may be permanently or temporarily increased through the co-option by the election authority upon the request of the Judicial Council.

3. The government council may appoint extraordinary public prosecutors or extraordinary juvenile prosecutors for special tasks. They must meet the eligibility requirements according to § 12 paragraph 2.

1. If a member of the court or a member of the management of the public prosecutor's office resigns before the end of their term, a replacement election shall be conducted for the remainder of their term.

2. Replacement elections for presidents must take place without delay.

3. If the Grand Council or the Executive Council is the electoral authority, the replacement election shall be conducted at a subsequent meeting of the Grand Council or Executive Council.

1. By-elections are held at the Labor Court for the remainder of the term if all employer representatives or all employee representatives of a professional group have resigned or if the Appellate Court requests it.

2. The provisions of the procedure for general elections apply mutatis mutandis.

1. The courts decide as single judges, as panels of three judges, or as chambers of five judges in accordance with this law.

2. A president presides over the court.

3. If a chamber is competent, two presidencies or a president and a judge serve alongside, who meet the professional eligibility requirements for court presidencies. This also applies to the panel of three judges of the civil court.

4. The courts organize the adjudicating bodies as needed; the details are governed by the regulations of the courts.

5. Special legal provisions regarding the composition of the adjudicating body remain reserved.

1. A panel is capable of making a decision when it is constituted according to the provisions of this law.

2. Abstention from voting is not permitted.

3. Subject to differing federal regulations, a chamber has a quorum when at least four court members are present. In the event of a tie, the chairperson casts the deciding vote.

4. In matters where the Code of Civil Procedure (ZPO) is applicable, the parties are free to agree that, instead of the chamber, a panel of three judges, a single judge, or instead of the panel of three judges, a single judge shall have jurisdiction.

1. The presidents and judges of the respective court form the overall court.

2. The overall court has the following responsibilities

1. It enacts regulations;

2. it approves and adopts annual reports and financial statements;

3. it elects the presiding president and their deputy;

4. it fulfills other responsibilities assigned to it by law.

3. Decisions of the overall court are made either in plenary sessions or by circular resolution at the direction of the presiding president.

4. For plenary sessions of the court, the presiding president invites all court members at least 10 days in advance in writing.

5. Each court member has one vote; the presiding president, or in their absence, the deputy, casts the deciding vote in the event of a tie.

1. The respective Presidium Conference is the supreme governing body of the respective court and is responsible for all tasks not assigned by law or regulation to another body or court officer. It particularly promotes the uniformity of jurisprudence.

2. The Presidium Conference comprises all full-time and part-time presidiums with equal voting rights; it is chaired by the presiding President.

3. The Presidium Conference may delegate tasks either temporarily or for an unlimited time. The details are regulated by the rules of procedure.

1. The Civil Court, the Criminal Court, the Social Security Court, and the Court of Appeals elect the presiding President and the deputy from among the presidency conference's proposal by resolution of the respective full court; details are regulated by the rules.

2. The presiding President chairs the meetings of the full court and the presidency conference, exercises supervision within the framework of the law and regulations, and represents the court externally.

3. In the event of incapacity, the deputy exercises the functions of the presiding President.

1. Part-time presidencies under 50 percent employment positions are excluded; the provision for the president of the youth court is reserved.

2. Election committees and employment authorities promote part-time employment in the courts and the public prosecutor's office.

1. A person holding a part-time presidency may assume a portion of the duties of a full-time or part-time presidency with the consent of the respective president and with the approval of the Presidium Conference for the pertinent term of office.

2. This provision applies mutatis mutandis to the members of the management of the public prosecutor's office. The entity responsible for granting consent is the management of the public prosecutor's office and, when involving the Chief Public Prosecutor, the cantonal government is responsible.

1. The function of the President may, for important reasons, be transferred to a judge of the respective court who fulfills the professional eligibility requirements for court presidency, by resolution of the relevant Presidium Conference, for individual cases.

1. If the law does not provide another regulation regarding the composition of the court of the relevant instance, a president shall decide as a single judge.

1. Competent to order provisional measures before the case becomes contentious and until the filing of the lawsuit are the Presidents of the court responsible for the main proceedings.

2. Additionally, provisional measures are issued, modified, or revoked by the procedural director.

1. The procedural director issues the necessary interlocutory orders.

2. The issuance of individual interlocutory orders may be delegated to a court clerk.

1. Applications concerning legal aid and free mediation shall be decided by the proceedings director; in the final decision, the corresponding panel may also decide on these matters.

2. In conciliation proceedings, the conciliator shall decide; in parity-based conciliation authorities, the chairperson shall decide.

3. The individual judge is responsible for the subsequent waiver of procedural costs.

1. If a decision of inadmissibility is to be made due to default or if the legal remedy lapses by operation of law due to default, the single judge or the procedural leader, including the decision on costs, is competent. This is subject to differing federal legal provisions.

2. The same competence applies to the assessment of applications for reinstatement.

1. The person conducting the proceedings, including the decision on costs, is responsible for dismissing the proceedings due to a judgment surrogate or obsolescence.

2. The same responsibility applies to any necessary judicial approvals.

1. A person can be employed as a court clerk (Gerichtsschreiberin or Gerichtsschreiber) if they have obtained a licentiate in law or a Master of Law, including a Bachelor of Law, from a Swiss university. Those who have obtained a Master of Law from a foreign university instead of a Swiss university can also be employed.

2. Holders of a Bachelor of Law degree from a Swiss university can be temporarily employed as volunteers (Volontärinnen or Volontäre).

1. The Court Clerks have, in particular, the following duties

1. Participation in negotiations with an advisory vote and minute-taking, as well as attendance in court sessions;

2. Preparation and drafting of decisions and orders.

2. The duties and responsibilities of the Chief Court Clerk are determined by regulation.

3. Court interns may be admitted to proceedings, including deliberations. Furthermore, they may be assigned the same duties as Court Clerks in selected cases.

1. The courts have court clerks and bailiffs who handle the tasks assigned to them by regulation.

2. Supervision is the responsibility of the presiding president of the respective court; this task can be delegated to the administrative head of the respective court.

1. The Debt Enforcement and Bankruptcy Office, as well as the Inheritance Office, are affiliated with the Civil Court.

2. The supervision of the Debt Enforcement and Bankruptcy Office is carried out by the special authority designated in the Act concerning the Implementation of the Federal Act on Debt Enforcement and Bankruptcy of June 22, 1891, which also exercises supervision over the Inheritance Office.

1. The duties and responsibilities of the head of administration are determined by regulation.

1. In the case of a court-approved eviction of residential premises, an employee of the civil court shall prepare an inventory of the valuable and personal items found in the rental property and organize their removal.

2. The responsible department shall store the eviction goods at the owner's expense.

3. If the owner does not retrieve them within a reasonable period, they shall be disposed of. Details shall be regulated by the government council through ordinance.

4. The canton is liable for damages caused intentionally or through gross negligence that occur during the removal or storage.

1. The courts hold sessions and hearings as often as required by the business. The court presidents schedule the dates.

2. The members of the courts are invited to each session and hearing by special written invitation. If they are unable to attend due to illness or other impediments, they must notify the court registry as early as possible.

3. The members of the courts, the court clerks, other persons summoned by the court, as well as professional representatives, appear at the hearings in appropriate attire.

1. Court hearings and the pronouncement of judgments are public.

2. The court may exclude the public wholly or partially if public interest or the legitimate interest of a participating person requires it.

3. Deliberations on judgments are confidential.

4. The court council is responsible for the regulation of image and sound recordings.

5. Reserved are the provisions of the Law on Constitutional and Administrative Law Proceedings (VRPG) of June 14, 1928, as well as the federal law concerning the publicity of proceedings.

1. The conduct of proceedings ensures security, tranquility, and order during court hearings, including hearings before conciliation authorities.

2. Anyone who violates decorum or disrupts the conduct of business in proceedings before the court or conciliation authority shall be penalized by the conduct of proceedings with a reprimand or a disciplinary fine of up to a maximum of CHF 1,000. The court may also order exclusion from the hearing.

3. The conduct of proceedings may call upon the cantonal police to enforce orders.

4. In cases of malicious or frivolous litigation, parties and their representatives may be penalized with a disciplinary fine of up to CHF 2,000 and, in the case of repeated offenses, up to CHF 5,000.

5. Moreover, for the disciplining of attorneys due to breaches of duty, the Federal Act on the Free Movement of Lawyers (Lawyers Act, BGFA) of June 23, 2000, and the Advocacy Act of May 15, 2002, remain reserved.

1. The Judicial Council regulates the admission, as well as the rights and obligations, of court reporters in a set of rules. This set of rules may provide for an accreditation system whereby accredited media professionals are granted certain services that may be wholly or partially withdrawn in the event of duty violations.

2. In the event of withdrawal of these services, refusal, or restriction of accreditation, an appeal to the Administrative Court is open.

3. The courts can inform the public about ongoing proceedings while respecting the personal rights of the individuals involved; special federal legal regulations remain reserved.

4. The Court of Appeals publishes its decisions in an appropriate form. Exceptions to the obligation to publish are possible. Other courts may also publish their decisions in an appropriate form.

1. In proceedings to which the Code of Civil Procedure (CCP) applies, its provisions regarding recusal (Art. 47 et seq. CCP) are applicable.

2. These provisions also apply mutatis mutandis in proceedings before the Appellate Court acting as an administrative court and as a constitutional court, before the court for protective placements, and before the Social Security Court, with the exception of Art. 50 para. 2 CCP. A member of the court for protective placements must also recuse themselves if they have ever provided medical or psychotherapeutic treatment or examination to the person whose case is being assessed.

3. In proceedings to which the Swiss Code of Criminal Procedure (CrimPC) of October 5, 2007, applies, its provisions regarding recusal (Art. 56 et seq. CrimPC) are applicable.

4. Disputed recusal requests are decided with the reservation of federal law provisions by

1. A single judge of the respective court, if the recusal is requested for a person acting as a member of a single judge court;

2. The three-judge formation of the respective court, excluding the challenged judge;

3. The chamber appointed in the respective proceedings, excluding the challenged judge;

4. Another member of the conciliation authority, if the recusal of a member of the conciliation authority is requested.

5. For recusal requests before a three-judge formation or a chamber, the affected members are replaced by corresponding court members for the assessment of the recusal request.

6. If so many judges in the respective court have grounds for recusal that a valid decision cannot be reached, the chairperson of the respective court designates, by lottery, extraordinary judges from the other courts of the same instance to decide on the recusal issue and, if necessary, the merits of the case. This also applies analogously to the conciliation authorities of the courts.

1. **Full-Time Presidencies and Employees**

Full-time presidencies, as well as all full-time employed court clerks, members of the management of the public prosecutor's office with a full-time position, all full-time employed prosecutors, and juvenile prosecutors must fully dedicate themselves to their office and may not engage in other professional activities. They may not legally or factually act as members of the management or the top management and administrative body of a profit-oriented company and must not be members of the Federal Councils. Full-time presidencies and members of the management of the public prosecutor's office must not belong to the executive of a municipality in the Canton of Basel-Stadt. In justified cases, the Court Council, the Government Council, or the Chief Public Prosecutor may grant exceptions. The decision is subject to appeal to the Administrative Court. An annual report is submitted to the Grand Council on the approved activities.

2. **Part-Time Presidencies and Employees**

Part-time presidencies, as well as members of the management of the public prosecutor's office with a part-time position, may not legally or factually act as members of the management or the top management and administrative body of a profit-oriented company and must not be members of the Federal Councils. In justified cases, the Court Council, the Government Council, or the Chief Public Prosecutor may grant exceptions. All other activities must be approved by the Court Council, the Government Council, or the Chief Public Prosecutor. The decision is subject to appeal to the Administrative Court. An annual report is submitted to the Grand Council on the approved activities.

3. **Court Representation Restrictions**

Full-time and part-time presidencies of all courts, as well as full-time or part-time employed court clerks of the Court of Appeal, may not act as party representatives in court in the Canton of Basel-Stadt, except as legal representatives. For part-time employed court clerks, an exception applies in court proceedings where the Court of Appeal is neither the first instance nor the appellate instance.

4. **Judges and Court Clerks Restrictions**

Judges and other court clerks may not act as party representatives in the court where they serve, except as legal representatives, in the Canton of Basel-Stadt. Judges of the Court of Appeal may also not act as party representatives in court proceedings where the Court of Appeal acts as an appellate instance.

5. **Prosecutors' Restrictions**

Full-time employed prosecutors, juvenile prosecutors, and part-time members of the management of the public prosecutor's office may not act as party representatives in court, except as legal representatives, in the Canton of Basel-Stadt.

6. **Other Employees' Restrictions**

Other employees of the public prosecutor's office may not act as party representatives before the criminal court, the juvenile court, and in criminal matters before the Court of Appeal, except as legal representatives.

1. Before taking office, the presidents and judges, as well as before assuming their positions, the court clerks are required to take an oath of faithful duty fulfillment during the session of the respective court.

2. The court employees must take an oath before their superior prior to assuming their positions.

3. The content of the oath and the details of its administration are determined by the judicial council.

1. Prior to assuming office or the commencement of their position, all prosecutors, juvenile prosecutors, elected or appointed pursuant to § 21 para. 1 and § 29 para. 3, and those employed pursuant to § 21 para. 2, as well as police commissioners and juvenile police commissioners, must take an oath for faithful duty fulfillment before the head of the relevant department.

2. Other staff members as per § 21 para. 2 must take an oath for faithful duty fulfillment before assuming their position, administered by the Chief Prosecutor.

1. Each member of the court, as well as each member of the conciliation authorities of the courts, shall inform the court in writing of any existing conflicts of interest upon assuming office; the provisions concerning professional secrecy remain reserved.

2. The following must be disclosed

1. Professional secondary activities or the main professional activity, indicating the employer and industry;

2. A position on the board of directors in domestic and foreign companies, corporations, and institutions under private and public law;

3. Membership in commissions and other bodies of the Confederation, cantons, and municipalities.

3. Changes in conflicts of interest must be communicated to the court at the beginning of each term of office.

4. The court shall compile a personal register of the notifications, which is published by the court council at the beginning of each term of office.

5. The court monitors compliance with the disclosure obligations and, if necessary, compels persons subject to disclosure to reveal conflicts of interest; it makes the final decision on disclosure obligations.

6. These provisions shall apply mutatis mutandis to the management members of the public prosecutor's office. The disclosure obligations exist towards the government council.

1. The presidents of the Court of Appeals receive a salary at the start of their term equivalent to level 12 of salary class 26, while those of the other courts receive a salary equivalent to level 12 of salary class 25.

2. The presiding president of the Court of Appeals receives a supplement amounting to half the difference between the maximum amounts of salary classes 26 and 27; the presiding presidents of the Civil Court, Criminal Court, and Social Insurance Court receive a supplement amounting to half the difference between the maximum amounts of salary classes 25 and 26.

3. The judges of all courts receive reasonable compensation, which shall be determined by regulation by the Judicial Council.

4. If judges are entrusted with special functions or are engaged beyond the usual extent, the court may determine special compensation.

1. The personnel law of the canton applies to the employees of the courts, insofar as this law does not provide otherwise.

2. The respective presidency conference is responsible, within the budget approved by the Grand Council, for the personnel matters of the court clerks, other court staff, as well as for personnel law measures concerning these employees. The appeal procedure is governed by §§ 40 et seq. of the Personnel Act of November 17, 1999.

3. The court council decides on the classification of court clerks and other court staff after consulting the competent authority. The classification is conducted according to the principles of job evaluation set forth in the Law concerning the Classification and Remuneration of the Employees of the Canton of Basel-Stadt (Wage Law) of January 18, 1995.

4. Orders concerning classifications, as well as the refusal to conduct a procedure concerning classification, can be contested by the position holder with an objection to the court council within 30 days. The council decides after consulting the evaluation commission; an appeal against this decision can be made to the administrative court.

1. Personnel Law applies to the elected and employed staff members of the Public Prosecutor's Office and the Juvenile Prosecutor's Office, insofar as this law does not provide otherwise.

1. Presidents of courts may apply in writing to the Grand Council for early release from office, with a notice period of nine months. For judges and members of the management of the public prosecutor's office elected by the Grand Council, the notice period is six months.

2. Upon a corresponding request, the Grand Council may grant the termination of office with a shorter notice period or with immediate effect.

3. Judges elected by the Executive Council must apply for early release from office to the Executive Council; paragraphs 1 and 2 shall apply mutatis mutandis.

1. The Grand Council may remove court presidents, judges, and members of the management of the public prosecutor's office from office with a two-thirds majority of its members and six months' notice if

1. the individual concerned is permanently unable to fulfill their duties for medical reasons;

2. the individual concerned has been legally convicted of a crime or an offense incompatible with the exercise of their office.

2. The Disciplinary Commission for Courts and the Public Prosecutor's Office of the Grand Council shall obtain the opinion of the Court of Appeals and the court concerned, and thereupon submit a proposal to the Grand Council. In the case of higher courts, only the opinion of the corresponding court shall be obtained. In the case of the public prosecutor's office, the opinion of the Government Council and the management of the public prosecutor's office shall be obtained.

3. The Court of Appeals, or in relevant cases the Social Insurance Court or the Court for Welfare Placements, shall decide on immediately necessary measures, or in the case of the president of the Court for Welfare Placements, the Court of Appeals shall decide. In cases involving members of the management of the public prosecutor’s office, the management itself shall decide, and in cases of the First Public Prosecutor, the Government Council shall decide, each excluding the person affected by the measure; the affected person shall be granted the right to be heard.

1. Every person is entitled to free legal assistance according to federal law, insofar as the law does not provide for more extensive claims.

1. In matters of family law of both proprietary and non-proprietary nature, the parties are entitled to free mediation if they lack the necessary means and the court recommends conducting mediation.

2. In conciliation proceedings, the court may grant free mediation if the parties lack the necessary means and the conciliatory authority recommends conducting mediation.

3. Article 123 of the Code of Civil Procedure (ZPO) applies mutatis mutandis to the back payment.

4. The judicial council determines the assessment principles after consultation with the bar association.

1. Due to breaches of official duties by the courts or the public prosecutor's office, a supervisory complaint may be submitted in writing with an application and justification to the relevant supervisory authority or the superior authority.

2. A supervisory complaint is precluded when or insofar as legal remedies or other legal recourses are available or have not been taken in time.

3. If the authority addressed lacks substantive jurisdiction, it shall transfer the supervisory complaint ex officio to the competent authority.

4. If the supervisory complaint is not immediately manifestly inadmissible or unfounded, it will be forwarded to the authority or individuals concerned for a written response.

5. The competent authority establishes the facts ex officio and, if necessary, takes the required measures. It informs the complainant of the resolution of their complaint.

6. If the supervisory complaint proves to be manifestly unfounded, the competent authority may levy an appropriate fee not exceeding CHF 1,000.

1. The Civil Court consists of seven presidents, each with a workload of 100 percent, three presidents, each with a workload of 50 percent, and at least 20 judges.

1. The civil court is responsible for the first-instance assessment of all matters to which the Code of Civil Procedure applies, insofar as the law provides.

2. It also acts as a legal advisory body and holds hearings for this purpose. During these hearings, presidents may issue orders.

3. A president is responsible for requisitions in procedural matters. The president can be represented by a court clerk.

1. Competent for proceedings before the Civil Court are

1. the Single Judge

a. in simplified proceedings (Art. 243 para. 1 CPC) for disputes with a value of up to CHF 30,000 as well as in the cases of Art. 243 para. 2 lit. b to d CPC regardless of the dispute value;

b. for all summary proceedings regardless of the dispute value;

2. the Panel of Three Judges

a. in simplified proceedings in the cases of Art. 243 para. 2 lit. a and e CPC regardless of the dispute value, unless the labor court is competent;

b. in ordinary proceedings for a dispute value above CHF 30,000 up to CHF 100,000 and in non-monetary disputes;

3. the Chamber of the Civil Court

a. in ordinary proceedings for a dispute value above CHF 100,000.

2. Competent for special matrimonial proceedings (Art. 271 ff. CPC), child-related matters in family law cases (Art. 295 ff. CPC) as well as proceedings concerning registered partnerships (Art. 305 ff. CPC) are

1. the Single Judge

a. when there is a comprehensive agreement on the matter;

b. in simple cases without a comprehensive agreement on the matter, provided no party requests a decision from the Panel of Three Judges;

c. in all summary proceedings;

d. in monetary disputes with a value up to CHF 30,000;

e. in all default proceedings due to a missed statement of defense (Art. 223 CPC).

2. the Panel of Three Judges in all other cases.

1. The Labor Court consists of the Presidents of the Civil Court and at least six judges from each professional group.

1. The Labor Court adjudicates disputes arising from employment relationships up to a dispute value of CHF 30,000.

2. The parties are free to agree that the Labor Court has jurisdiction even if the dispute value exceeds this amount.

1. The Labor Court adjudicates as a panel of three judges.

2. A president presides over the court and designates, taking into account the nature of the dispute, the judges for each individual case from the professional group to which the parties belong.

3. One judge must be elected on the proposal of either the employer or employee side, respectively.

1. The criminal court consists of seven presidents, each with a workload of 100 percent, three presidents, each with a workload of 50 percent, one president with a workload of 85 percent, and one president with a workload of 80 percent, as well as at least 30 judges.

1. The Juvenile Court consists of a president and at least six judges.

2. The president's workload is 30 percent of a full-time position; upon request by the Court Council, the Grand Council may increase the workload to up to 50 percent.

3. The Juvenile Court Presidency consists of the president and a first and a second deputy, who are elected from among the judges of the Juvenile Court.

4. Eligible to serve as a deputy is anyone who fulfills the professional eligibility requirements for court presidencies.

1. The Criminal Court is responsible for the first-instance adjudication of all matters to which the Code of Criminal Procedure (StPO) applies, insofar as the law provides.

2. The Juvenile Court is responsible for the adjudication of matters to which the Swiss Juvenile Criminal Procedure Code (JStPO) of March 20, 2009, and the Law on the Execution of Juvenile Criminal Sanctions (Juvenile Penal Execution Law, JStVG) of October 13, 2010, apply, insofar as the law provides.

1. The task of the Compulsory Measures Court according to the Swiss Criminal Procedure Code (Art. 18 Para. 1 StPO) is undertaken in rotation by the presidents as a single judge.

2. For decisions on compulsory measures against juveniles, a member of the juvenile court presidency generally serves as the Compulsory Measures Court and decides as a single judge.

1. For the adjudication of all offenses that do not fall within the jurisdiction of other authorities, the chamber, the panel of three judges, and the single judge of the criminal court are responsible.

2. Jurisdiction is determined by the expected penalty or measure. Whether a case is assigned to the chamber, the panel of three judges, or the single judge is decided by the procedural director.

3. The following can be imposed

1. the chamber of the criminal court: all penalties and measures;

2. the panel of three judges: fines, financial penalties, community service, or imprisonment up to five years (Art. 34-55 of the Swiss Criminal Code [SCC] of December 21, 1937), therapeutic measures (Art. 56-63b SCC), and other measures (Art. 66-73 SCC);

3. as a single judge, the presidents: fines, financial penalties, community service, or imprisonment up to 12 months (Art. 34-55 SCC), therapeutic measures (Art. 56-63b SCC with the exception of Art. 59 para. 3 SCC), and other measures (Art. 66-73 SCC).

4. If it emerges during the hearing of the chamber or the panel of three judges that the criminal matter would fall within the jurisdiction of a body with more limited jurisdiction, the matter shall still be adjudicated.

1. The composition of the panel of the Juvenile Court is determined in accordance with the Juvenile Justice Procedure Code (JStPO) and the Juvenile Court Act (JStVG).

1. The Social Insurance Court consists of three presidents, each serving at 85 percent of full-time capacity, as well as at least 15 judges.

1. The Social Insurance Court decides as the sole cantonal instance all social insurance law disputes arising from federal law or cantonal law.

2. The Social Insurance Court decides as the sole cantonal instance disputes arising from supplementary insurance to social health insurance (Art. 7 CPC).

1. The court shall decide as a panel of three, presided over by a president.

2. Simple cases shall be decided by a president as a single judge.

3. In complex cases, the procedural leader may order that the court be expanded by two additional judges.

1. The Court for Compulsory Care Accommodations consists of a president and at least 20 judges.

2. The workload of the president amounts to 50 percent of a full-time position; upon request of the Judicial Council, the Grand Council can increase the workload to up to 70 percent.

3. The president has a first deputy as well as an additional deputy or multiple additional deputies, who are elected from among the judges of the Court for Compulsory Care Accommodations.

4. Eligible as a deputy is anyone who meets the professional eligibility requirements for court presidencies.

1. The Court for Protective Placements adjudicates complaints against decisions related to the protective placement of adults, including the cases mentioned in Art. 439 of the Swiss Civil Code (ZGB), as well as decisions pursuant to §§ 14 and 15 of the Child and Adult Protection Act (KESG) of September 12, 2012.

1. The court decides as a panel of three judges. The president or a deputy presides over the panel. Additionally, a judge from the field of medicine and a judge from one of the other areas of expertise according to § 17 participate. If the decision being appealed was issued by the Child and Adult Protection Authority, a different composition of the panel of three judges is possible.

1. The Court of Appeal consists of five presidents each with a workload of 100 percent, two presidents each with a workload of 50 percent, one president with a workload of 70 percent, and one president with a workload of 60 percent, as well as a minimum of 14 judges.

1. The Court of Appeal decides as an appellate body in civil and criminal matters, as well as the sole higher cantonal instance in civil matters, as far as the law provides.

2. The Court of Appeal decides as an administrative and constitutional court in accordance with the provisions of the law.

1. The Court of Appeals is divided into the following three divisions

1. Civil Law;

2. Criminal Law;

3. Public Law.

2. The Presidium Conference elects from among its members the division presidencies and their deputies for a term of office; reelection is permitted.

3. Furthermore, the Presidium Conference regulates the involvement of the presidents in the individual divisions.

1. The Court of Appeals as a whole court has the following special duties

1. It conducts the elections assigned to it by law;

2. it approves the regulations prescribed by law for the lower courts;

3. it oversees the lower courts while respecting the judicial independence of the supervised instances; the oversight is conducted through resolutions and directives;

4. it conducts periodic visitations of the lower instances and receives their reports on their management.

1. A Chamber of the Court of Appeal is competent to

1. Act as an appellate court for judgments of the criminal court which are subject to appeal pursuant to Art. 398 para. 1 of the Code of Criminal Procedure (StPO); excluding cases to be resolved by a panel of three judges;

2. Act as an appellate court for revision requests concerning judgments of a chamber of the criminal court or the court of appeal pursuant to Art. 410 et seq. of the Code of Criminal Procedure (StPO); excluding the preliminary examination to be conducted by a panel of three judges pursuant to Art. 412 StPO;

3. Handle appeals pursuant to Art. 308 of the Code of Civil Procedure (ZPO), provided that a chamber of the civil court has adjudicated in the first instance;

4. Render decisions pursuant to Art. 8 of the Code of Civil Procedure (ZPO);

5. Act as a constitutional court;

6. Act as an administrative court in administrative appeals and complaints assigned by law, provided the president of the public law division orders this in the interest of legal development or the uniformity of jurisprudence;

7. Act as the sole cantonal instance in cases assigned by law, subject to the jurisdiction of the panel of three judges and the single judge; for cases under Art. 5 of the Code of Civil Procedure (ZPO), § 71 para. 1 no. 3 shall apply accordingly.

1. A panel of three judges of the Court of Appeal is competent to handle

1. Appeals against judgments of the Criminal Division (three judges) and the Single Judge in criminal matters;

2. Preliminary examinations of revision requests concerning judgments of a division of the Criminal Court or the Court of Appeal according to Article 412 of the Swiss Code of Criminal Procedure (StPO);

3. Revision requests concerning judgments by a three-judge court or a single judge of the Criminal Court or the Court of Appeal;

4. Complaints against independent subsequent decisions of the Criminal Court according to Article 363 StPO regarding

a) Extension of inpatient therapeutic measures according to Article 59 para. 4 of the Swiss Criminal Code (StGB);

b) Extension of inpatient addiction treatment according to Article 60 para. 4 StGB;

c) Re-commitment to inpatient measure enforcement according to Article 62a para. 3 StGB;

d) Revocation of an inpatient therapeutic measure according to Article 62c paras. 1-3 and para. 6 StGB;

e) Custody in case of a serious danger of recidivism at the moment of the revocation decision according to Article 62c para. 4 StGB;

f) Execution of a deferred custodial sentence or an inpatient therapeutic measure according to Article 63b paras. 2, 3, and 5 StGB;

g) Conditional release from (preceding) penal enforcement in custody cases according to Article 64 para. 3 StGB;

h) Extension of the probation period upon conditional release from custody according to Article 64a para. 2 StGB;

i) Re-commitment to custody enforcement according to Article 64a para. 3 StGB;

j) Subsequent conversion of custody or imprisonment into an inpatient therapeutic measure according to Article 65 para. 1 StGB.

5. Appeals against judgments of the Juvenile Court (Articles 7 para. 3, 39, and 40 of the Juvenile Criminal Procedure Code, JStPO);

6. Appeals according to Article 308 of the Swiss Code of Civil Procedure (ZPO), provided that a chamber of the Civil Court did not decide in the first instance, as well as complaints according to Article 319 ZPO;

7. Complaints and revision requests against arbitration awards (Articles 390, 396 ZPO);

8. Receipt of arbitration awards for deposit and certification of enforceability (Article 356 para. 1 ZPO);

9. Tariffing of attorney fees;

10. Complaints against decisions of the Child and Adult Protection Authority, subject to the jurisdiction of the court for compulsory placements;

11. Administrative appeals that are assigned to the Administrative Court by legislation, subject to § 91 no. 6;

12. Supervisory complaints against courts subject to the supervision of the Court of Appeal;

13. Complaints against decisions of the supervisory authority over the inheritance office and the lower supervisory authority over the debt collection and bankruptcy office.

2. For cases according to Article 5 ZPO, § 71 para. 1 no. 2 applies mutatis mutandis.

1. The Single Judge of the Court of Appeal is competent for

1. Decisions as the appeal authority pursuant to the Swiss Criminal Procedure Code (StPO), the Swiss Juvenile Criminal Procedure Code (JStPO), and the Juvenile Courts Act (JStVG) with the exception of appeals against autonomous subsequent decisions (Art. 363 StPO) in accordance with § 92 para. 1 no. 4. In cases of particular significance, the procedural leadership may order that the panel of three judges decides;

2. Decisions pursuant to the Law on the Execution of Compulsory Measures in Foreign Nationals Law;

3. Decisions according to Art. 356 para. 2 of the Swiss Civil Procedure Code (ZPO);

4. Decisions according to Art. 179 paras. 2 and 3, 180 para. 3, 183 paras. 2 and 3, 184 para. 2, 185, 193 paras. 1 and 2, as well as Art. 194 of the Federal Act on Private International Law (PILA) of December 18, 1987;

5. Decisions as a court according to the Federal Act on International Child Abduction and the Hague Conventions on the Protection of Children and Adults of December 21, 2007.

2. For cases pursuant to Art. 5 of the Swiss Civil Procedure Code (ZPO), § 71 para. 1 no. 1 shall apply mutatis mutandis.

1. The Public Prosecutor's Office and the Juvenile Prosecutor's Office ensure the prosecution of criminal offenses in the Canton of Basel-Stadt in accordance with the provisions of the Swiss Criminal Procedure Code (StPO) and the Swiss Juvenile Criminal Procedure Code (JStPO), and provide legal assistance.

2. The Juvenile Prosecutor's Office engages in prevention work to prevent juvenile delinquency and enforces the sanctions imposed within its jurisdiction.

1. The Chief Public Prosecutor leads the Public Prosecutor's Office. They oversee the Chief Prosecutors, the Chief Juvenile Prosecutor, the Prosecutors, and the remaining staff.

2. They are particularly responsible for

1. representing the Public Prosecutor's Office externally;

2. conducting professional and effective prosecution in the adult sector;

3. establishing and operating an appropriate and efficient organization;

4. the effective and economical utilization of personnel and financial and material resources.

3. The Chief Juvenile Prosecutor is responsible for

1. conducting professional and effective prosecution in the juvenile sector;

2. executing sanctions imposed in the juvenile sector;

3. the effective and economical utilization of personnel as well as financial and material resources;

4. preventative work to prevent juvenile delinquency.

4. The Chief Public Prosecutor, the Chief Prosecutors, and the Chief Juvenile Prosecutor form the executive management of the Public Prosecutor's Office.

5. The Government Council issues a regulation regarding the composition, organization, and powers of the Public Prosecutor's Office.

1. The Public Prosecutor's Office and the Juvenile Prosecutor's Office are under the supervision of the Executive Council.

2. The supervision of the Executive Council over the Public Prosecutor's Office and the Juvenile Prosecutor's Office includes the following responsibilities

1. Receipt of the annual report and the report on the annual accounts;

2. Receipt of the draft budget;

3. Handling of supervisory complaints regarding the official conduct of the Chief Public Prosecutor.

3. For handling supervisory complaints against the Chief Public Prosecutor, the Executive Council may review the procedural files.

4. The Executive Council may appoint a person experienced in criminal justice to instruct the proceedings concerning a supervisory complaint. This person reports to the Executive Council and provides a recommendation.

5. The Executive Council may issue general instructions regarding administrative official conduct. Instructions from the Executive Council in individual cases concerning the initiation, conduct, and completion of a proceeding, the representation of the prosecution in court, and the filing of legal remedies are excluded.

6. Communication between the Executive Council and the Public Prosecutor's Office or Juvenile Prosecutor's Office, as well as the Supervisory Commission for the Public Prosecutor's Office, is facilitated by the competent department unless the Executive Council orders otherwise for specific matters.

## 1. Supervision by the Oversight Committee of the Public Prosecutor's Office

1. For the purpose of supervision, the Executive Council, upon the proposal of the head of the competent department, shall elect an Oversight Committee of the Public Prosecutor's Office consisting of at least three members for a term of office of four years. The committee shall constitute itself and shall have a permanent secretariat.

2. Eligible for election to the Oversight Committee of the Public Prosecutor's Office are individuals who are suitable due to their personal integrity, trustworthiness, and professional qualifications.

3. Incompatibilities with membership in the Oversight Committee of the Public Prosecutor's Office include

1. Membership in the Grand Council of the Canton of Basel-Stadt;

2. Membership in the Executive Council of the Canton of Basel-Stadt;

3. Positions such as President of the Court, judge, or clerk of the Court of Appeal, Criminal Court, and Juvenile Court of the Canton of Basel-Stadt;

4. Employment with a prosecuting authority of the Canton of Basel-Stadt according to Art. 12 of the Swiss Criminal Procedure Code (StPO) and Art. 6 of the Swiss Juvenile Criminal Procedure Code (JStPO);

5. Anyone who regularly acts as party representation in criminal proceedings in the Canton of Basel-Stadt.

4. The members of the Oversight Committee of the Public Prosecutor's Office are subject to official secrecy. They must disclose their ties and interests analogously according to § 60. The disclosure obligations exist vis-à-vis the Executive Council, which is responsible for publishing the interests.

5. They are compensated by the Executive Council according to the relevant provisions.

1. The Supervisory Commission for the Public Prosecutor's Office has the following responsibilities

1. Monitoring compliance with the principle of expeditious proceedings;

2. Monitoring the time periods within which preliminary investigations against known offenders are concluded;

3. Reviewing the backlog report submitted annually by the Public Prosecutor's Office and the Juvenile Prosecutor's Office. This report must include all proceedings initiated more than six months ago;

4. Examining business processes and organizational issues;

5. Conducting reviews at the request of the government council.

2. The Supervisory Commission for the Public Prosecutor's Office may advise the Public Prosecutor's Office and the Juvenile Prosecutor's Office on remedying identified general deficiencies.

3. The Supervisory Commission for the Public Prosecutor's Office reports annually to the government council on its activities and findings and makes recommendations.

4. The Supervisory Commission for the Public Prosecutor's Office is authorized to

1. Request information, either orally or in writing, from the members of the management of the Public Prosecutor's Office;

2. Consult with experts after coordinating with the government council;

3. Access all files of the Public Prosecutor's Office and the Juvenile Prosecutor's Office as necessary to fulfill its responsibilities.

5. In the event of disagreements concerning the exercise of supervisory powers, the Supervisory Commission for the Public Prosecutor's Office submits a proposal to the government council. The management of the Public Prosecutor's Office is granted the opportunity to comment.

1. Composition of the Panels in Proceedings Which Have Not Been Decided at the Time This Law Comes into Effect

The composition of the panels in proceedings that have not been concluded by decision before the relevant instance at the time this law comes into effect shall be determined according to the new law.

1. The current term of office for court presidents, deputy presidents, and judges elected under the previous law shall be extended until the commencement of the term of office for court presidents and judges to be elected under the new law.

2. The current term of office for substitute judges of the Social Insurance Court elected under the previous law shall be extended until the commencement of the term of office for judges to be elected under the new law.

3. The term of office for substitute judges of the Appeals Court, the Civil Court, and the Criminal Court elected under the previous law shall end with the beginning of the term of office for judges to be elected under the new law for these courts.

4. The term of office for judges and substitute judges of the Juvenile Court elected under the previous law shall end with the commencement of the term of office for judges to be elected under the new law.

5. The first term of office for the members of the courts elected under the new law as per paragraphs 1 to 4, as well as the term of office for judges of the Labor Court, shall end on December 31, 2021.

6. The current term of office for the chairman of the Appeals Commission for protective placements shall end with the commencement of the term of office for the president to be elected under the new law for the court for protective placements. The first term of office shall end on December 31, 2021.

7. The first term of office for judges to be elected under the new law for the court for protective placements (excluding the presidency) shall begin on July 1, 2017, and shall end on December 31, 2021.