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154.170 CH-BS

Organizational Regulations of the Civil Court

13 Articles / Provisions · Switzerland · Canton of Basel-Stadt
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Table of Provisions (13)

Statutory Text (13 Articles)

Article: Organization

1. The Full Court

a) issues the regulations assigned to it by law and submits them to the Court of Appeal for approval;

b) conducts the elections entrusted to it by law.

Article: Organization

1. The Presidium Conference

a) enacts the regulations assigned to it by law;

b) conducts the elections delegated to it by law;

c) approves the budget on behalf of the Court Council;

d) ensures the smooth operation of the court and the Debt Collection and Bankruptcy Office, as well as the Estate Office;

e) ensures the uniformity of the court's practices;

f) appoints the Chief Court Clerk/Administrative Head and the Court Clerks;

g) supervises the activities of the Chief Court Clerk/Administrative Head;

h) convenes the plenary court;

i) may delegate the preparation of individual matters to a committee of the Presidium Conference;

j) is responsible for the training of employees within the organizational capacities;

k) appoints the head of the Debt Collection and Bankruptcy Office and the Estate Office, as well as their respective deputies;

l) may, as needed, consolidate responsibilities into a single position or distribute them among various positions.

2. Each member of the presidium has one vote, regardless of employment status. In the event of a tie, the Chair President has the casting vote.

3. The head of the Debt Collection and Bankruptcy Office, as well as the Estate Office, participate in the presidium meetings with an advisory vote.

Article: Organization

1. The Presiding President

a) presides over meetings of the full court and the conference of presidents for a period of three years;

b) represents the court externally;

c) represents the court in the judicial council and ensures cooperation with the other courts of the canton;

d) may delegate specific tasks to the Chief Court Clerk/Administrative Director.

Article: Organization

1. The Deputy Chairperson

a) acts as the representative for the Chairperson in all their functions during their absence or to relieve them;

b) is designated as the successor to the Chairperson.

Article: Organization

1. The 1st Court Clerk/Administrator

a) oversees the court administration;

b) acts as the employing authority for the court staff and temporary personnel, with the exception of the court clerks;

c) is the direct supervisor of the heads of the registries, the chief bailiff or bailiff, the court secretariat, as well as the custodial staff;

d) is the administrative supervisor of the court clerks;

e) handles the personnel matters of all employees;

f) prepares the business for the Presidency Conference and keeps the minutes at the meetings;

g) assists the presiding president;

h) prepares the budget and coordinates financial matters with other courts;

i) prepares the accounts along with the accompanying reports.

2. She or he has an advisory vote at the Presidency Conference and in sessions of the full court.

Article: Organization

1. Court Clerks

a) take minutes at court sessions; they have an advisory voice during deliberations;

b) are authorized to sign court decisions in which they have participated;

c) prepare and draft decisions and orders, provide reasoning for decisions, and write statements for the Court of Appeals;

d) may be involved in the instruction of proceedings;

e) may be entrusted with the conduct of conciliation proceedings (Articles 202-212 of the Swiss Civil Procedure Code [Civil Procedure Code, CPC] of December 19, 2008); the selection and term of office are regulated in a special regulation for conciliation;

f) provide legal advice;

g) perform other tasks assigned to them.

2. Their specific duties are contained in the respective job description.

Article: Organization

1. The Civil Court comprises the following four registry offices

a) Conciliation Authority Registry;

b) Litigation Registry;

c) Family Law Registry;

d) Daily Transactions Registry.

2. The registries accept submissions from the parties in writing or orally at the counter, prepare for hearings, handle administrative matters in individual proceedings, and implement instructional orders. Each registry consists of a registry manager and one or more registry staff members. Their specific duties are outlined in the respective job descriptions.

Article: Organization

1. The court officers' service consists of a chief court officer and several court officers. The court officers' service is responsible for maintaining order, security, and courtroom services within the courthouse, has the authority to issue instructions to parties and the public within the scope of their duties, and is responsible for internal and external postal services as well as the enforcement of decisions and orders not involving monetary payments.

2. The specific duties are contained in the job description.

Article: Organization

1. For operational support, there exists a court secretariat as well as facility management.

2. Their specific tasks are included in the respective job description.

Allocation of Responsibilities

1. The affairs of the civil court are divided into eight divisions, which are managed by the presidencies in annual rotation.

2. The distribution of affairs is determined by a directive from the presidencies conference. The presidencies conference decides annually on the programs of the individual presidencies (allocation plan of affairs).

3. The allocation of cases is carried out according to the allocation plan of affairs and corresponding distribution lists based on the order of receipt of the complaint or application by the respective court registry.

1. Personal Data 1.1. Definition of Personal Data Personal data refers to any information relating to an identified or identifiable natural person ("data subject"), such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. 1.2. Processing of Personal Data The processing of personal data includes any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. 1.3. Data Protection Rights Data subjects have the right to access their personal data, the right to rectification, the right to erasure, the right to restrict processing, the right to data portability, and the right to object to processing. Data subjects also have the right to lodge a complaint with a supervisory authority. 1.4. Responsibilities of Data Controllers Data controllers are responsible for ensuring that the processing of personal data is carried out in compliance with the applicable data protection laws and regulations. They must implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk. 1.5. International Data Transfers Personal data may only be transferred to a third country or an international organization if it ensures an adequate level of data protection. Transfers may be based on an adequacy decision by the relevant authority, appropriate safeguards, or derogations for specific situations.

1. The personnel law, including the personnel benefits of the canton, is applicable to the employees of the court, insofar as the Court Organization Act does not determine otherwise.

2. The responsibility for personnel matters lies with the Presidium Conference. It serves as the hiring authority for the Chief Court Clerk/Head of Administration and the court clerks. For other personnel, the Chief Court Clerk/Head of Administration serves as the hiring authority. The appeal procedure is governed by §§ 40 ff. of the Personnel Act of November 17, 1999.

3. The classification of court staff positions is decided by the Court Council in accordance with the Salary Act.

1. Personal Data 1.1. Definition of Personal Data Personal data refers to any information relating to an identified or identifiable natural person ("data subject"), such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. 1.2. Processing of Personal Data The processing of personal data includes any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. 1.3. Data Protection Rights Data subjects have the right to access their personal data, the right to rectification, the right to erasure, the right to restrict processing, the right to data portability, and the right to object to processing. Data subjects also have the right to lodge a complaint with a supervisory authority. 1.4. Responsibilities of Data Controllers Data controllers are responsible for ensuring that the processing of personal data is carried out in compliance with the applicable data protection laws and regulations. They must implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk. 1.5. International Data Transfers Personal data may only be transferred to a third country or an international organization if it ensures an adequate level of data protection. Transfers may be based on an adequacy decision by the relevant authority, appropriate safeguards, or derogations for specific situations.

1. For each position, there is a job description that contains the organizational assignment, the duties, as well as the tasks and responsibilities. It also sets forth the requirements regarding education and training, as well as specific professional knowledge and experience.

2. The job descriptions are provided to the respective employees.

1. Personal Data 1.1. Definition of Personal Data Personal data refers to any information relating to an identified or identifiable natural person ("data subject"), such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. 1.2. Processing of Personal Data The processing of personal data includes any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. 1.3. Data Protection Rights Data subjects have the right to access their personal data, the right to rectification, the right to erasure, the right to restrict processing, the right to data portability, and the right to object to processing. Data subjects also have the right to lodge a complaint with a supervisory authority. 1.4. Responsibilities of Data Controllers Data controllers are responsible for ensuring that the processing of personal data is carried out in compliance with the applicable data protection laws and regulations. They must implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk. 1.5. International Data Transfers Personal data may only be transferred to a third country or an international organization if it ensures an adequate level of data protection. Transfers may be based on an adequacy decision by the relevant authority, appropriate safeguards, or derogations for specific situations.

1. For the court employees, flexible working hours apply in accordance with the flexible working time regulation of the Court of Appeal.

2. The Presidium Conference has the authority to exempt specific categories of employees from the flexible working hours model or to decide on an annual working time model for them. The exceptions must be reported to the Court of Appeal.

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