1. État, peuple, "Authorities" 10. Constitution and Other Fundamental Acts

1 This agreement contains provisions relating to jurisdiction for ruling in procedures pending before the authorities defined in Article 2 at the time of the transfer of the municipal commune of Moutier to the Republic and Canton of Jura (hereinafter referred to as "the date of transfer"), in which the forum is exclusively or alternatively in Moutier, and the possible transmission of said procedures.

2 It also contains provisions regarding jurisdiction for ruling in procedures initiated from January 1, 2026, before the authorities defined in Article 2, in which the forum is exclusively or alternatively in Moutier, if these procedures have a connection with procedures conducted before this date.

3 It regulates practical matters related to the procedures mentioned in paragraphs 1 and 2.

4 It regulates the obligation to transmit documents received by mistake and the observance of time limits in the procedures referred to in paragraphs 1 and 2 subject to cantonal procedural law, for which federal law does not prescribe rules on this matter.

5 It addresses the application of Jura civil law and Bernese civil and criminal law.

1 This agreement applies in the Canton of Bern to

a) all the decision-making bodies of the Supreme Court (Commercial Court, Civil Chambers, Child and Adult Protection Court, Supervisory Authority for Debt Collection and Bankruptcy, Criminal Chambers, Criminal Appeal Chamber);

b) all the decision-making bodies of the Administrative Court (French-speaking Court, Administrative Law Court, Social Insurance Court);

c) all first-instance courts in the civil jurisdiction (particularly the Jura bernois-Seeland Regional Conciliation Authority and the Jura bernois-Seeland Regional Court);

d) all first-instance courts in the criminal jurisdiction (particularly the Jura bernois-Seeland Regional Court, the Cantonal or Regional Compulsory Measures Court, the Economic Criminal Court, and the Juvenile Court);

e) all other independent administrative justice authorities (Tax Appeals Commission of the Canton of Bern, Appeals Commission against administrative measures under the Road Traffic Act, Cantonal Commission for Expropriation Estimation, Land Improvement Commission).

2 In the Republic and Canton of Jura (hereinafter: "the Canton of Jura"), it applies to

a) all the decision-making bodies of the Cantonal Court (Constitutional Court, Civil Court, Criminal Court, Criminal Appeals Chamber, Administrative Court, Insurance Court, Debt Collection and Bankruptcy Court);

b) the Arbitration Tribunal on Accident Insurance and the Arbitration Tribunal on Health Insurance;

c) all first-instance courts in the civil and administrative jurisdiction (Civil Judges, Labor Court, Tenancy and Lease Court, Administrative Judges);

d) all first-instance courts in the criminal jurisdiction (Criminal Judges, Criminal Court, Judges for Compulsory Measures, Juvenile Court);

e) the Cantonal Tax Appeals Commission.

3 This agreement does not apply to the conciliation commissions in tenancy and lease matters of the Canton of Jura, subject to Article 8, paragraph 2.

4 This agreement does not apply to the penal enforcement administrative authorities, subject to Article 10, paragraphs 8 and 9.

1 For the purposes of resolving issues or disputes that may arise in connection with the application of the concordat on the transfer of Moutier or this agreement, the authorities of both cantons at the same level, or failing that, with the same function, shall directly contact each other and first seek a solution among themselves through discussion, without consulting the parties.

2 In the event of a persistent disagreement between the authorities mentioned in Article 2, paragraph 1, letters c to e, and in Article 2, paragraph 2, letters b to d, particularly for procedures not addressed in annexes 1 and 2, said authorities shall refer the matter to the Supreme Court or the Administrative Tribunal, or respectively to the Cantonal Tribunal, so that a solution can be mutually agreed upon by these authorities.

3 It is only if no solution can be found by the Supreme Court with the Cantonal Tribunal that the competence determination procedure provided for by the Swiss Criminal Procedure Code of October 5, 2007 (CPP) and the ex officio transfer provided by the Civil Procedure Code of December 19, 2008 (CPC) shall be implemented, the rights of the parties provided by law being reserved.

1 In the event of a dispute between the parties regarding the implementation of the concordat on the transfer of Moutier or this agreement, the authorities defined in Article 2 shall decide in such a way as to preserve the solutions established by the concordat on the transfer of Moutier, or by this agreement, to the extent permitted by higher law.

2 If the matter of jurisdiction is the subject of a decision by a federal authority, this decision shall take precedence over the rules of the concordat on the transfer of Moutier or this agreement for future cases to be decided upon dispute, without prejudice to pending proceedings in which the parties have not contested the jurisdiction.

1 The files to be transferred are ordered, paginated, and provided with a list of attached documents, including inventories of supporting documents, any files published with the specification of the authority to which they must be returned, and any internal notes regarding legal research.

2 The files are archived in the canton where the procedure concludes.

1. Expenses are settled separately in each proceeding at the time of the final decision.

2. The Canton of Bern bears the full costs of the proceedings conducted to conclusion by its authorities as defined in Article 2, Paragraph 1 (procedural costs borne by the canton, expert fees, remuneration for court-appointed mandates, other costs).

3. If a case file must be transferred before the end of a proceeding, any potential advances on costs, seized amounts, and confiscated items are transferred likewise. The Canton of Bern compensates court-appointed mandates up until the date of the file transfer.

4. If a case file needs to be transferred after the end of a proceeding, the same applies to seized amounts and confiscated items whose disposition has not been definitively settled.

5. Court-appointed mandates and free legal assistance are not revoked in the event of a file transfer before the end of a proceeding. Each canton applies its own tariff in this matter.

6. The transfer of the municipality of Moutier has no impact on the obligation to reimburse legal assistance to the Canton of Bern for a party who has benefited from it and whose financial situation has improved.

7. The Jura authorities communicate to the Bernese authority, which was last seized of the case, any pronouncements regarding files in which an obligation to reimburse the Canton of Bern exists or may exist.

**Article 1**: The Bernese authorities designated in Article 2, paragraph 1, process and settle the proceedings mentioned in Article 1, paragraphs 1 and 2, as quickly as possible, particularly those with exclusive jurisdiction in Moutier, to the extent of their abilities and with due regard for the principle of equal treatment among litigants.

1 The jurisdiction to rule in civil proceedings and in proceedings under the Federal Act on Debt Enforcement and Bankruptcy (LP) of April 11, 1889, referred to in Article 1, paragraphs 1 and 2, is determined by the analogous application of the transitional provisions of the Civil Procedure Code (CPC), subject to the exceptions provided in Annex 1, which is an integral part of this agreement.

2 If the Jura bernois-Seeland Regional Conciliation Authority issues an authorization to proceed, the conciliation procedure does not need to be repeated in the canton of Jura for the initiation of action after January 1, 2026, provided the legal deadline for initiating action is respected.

3 If an appeal or recourse procedure judged in the canton of Jura also pertains to the amount of costs in the first instance in the canton of Bern, the Cantonal Court shall transmit the file after the decision is rendered to the Supreme Court for a ruling on this matter.

The application of the provisions of Bernese cantonal civil law, or, as applicable, the corresponding provisions of Jura cantonal civil law, particularly with regard to real rights and corporations of cantonal private law, is governed by Article 1, paragraph 1, of the Final Title of the Swiss Civil Code (CC).

1. The jurisdiction to adjudicate in criminal proceedings referred to in Article 1, paragraphs 1 and 2, is determined by the analogous application of the transitional provisions of the Code of Criminal Procedure (CPP) and the Federal Act of 20 March 2009 on the Criminal Procedure applicable to Minors (PPMin), subject to the exceptions provided for in Annex 2, which is an integral part of this agreement.

2. In pending criminal proceedings at first instance where the hearings have not been opened at the date of the transfer and which do not concern the opposition to a penal order, the procedure is continued in the canton of Bern if none of the accused persons or complainants objects with reasons. This agreement constitutes the express consent of the judicial authorities of the canton of Jura to proceed in this manner.

3. The prosecution is the responsibility of the public prosecutor's office of the canton where the court before which the proceedings are conducted is located.

4. The transmission of a file to the judicial authority of Jura is carried out without a procedure for determining the forum, except in the event of disputes by the parties.

5. The judicial authority of Jura issues an order recognizing the forum upon receipt of the file.

6. The determination of another forum by mutual agreement within the meaning of Article 38, paragraph 1, CPP is reserved in all cases.

7. If an appeal procedure judged in the canton of Jura also concerns the remuneration of an ex officio mandate and/or the amount of costs at first instance in the canton of Bern, the Cantonal Court shall transmit the file after the judgment is pronounced to the Supreme Court for it to decide on these points.

8. Subsequent independent administrative and judicial procedures relating to the execution of Bernese judgments pending at the date of the transfer remain under Bern’s jurisdiction, subject to the exceptions provided for in Annex 2, which is an integral part of this agreement.

9. Subsequent independent administrative and judicial procedures relating to the execution of Bernese judgments initiated from the date of the transfer remain under Bern’s jurisdiction, subject to the exceptions provided for in Annex 2, which is an integral part of this agreement.

1 The adjudication of offenses under Bernese cantonal law remains in all cases within the jurisdiction of the Bernese authorities.

2 If a proceeding must be transferred to the Jura authorities pursuant to Article 10, the portion relating to offenses under Bernese cantonal law shall be separated.

If the neutral president of the Social Insurance Arbitration Court of the canton of Berne issues an authorization to initiate proceedings, it is not necessary to undergo the conciliation process provided by the Jura Ordinance of June 19, 2018, concerning the conciliation procedure in matters of outpatient care in mandatory health insurance, nor by the Jura Law of October 27, 1983, which implements the Federal Law of March 20, 1981, on accident insurance. This applies to initiating proceedings after the date of transfer, provided the legal deadline for initiating action is respected.

1 Article 58, paragraph 3, of the Federal Act of October 6, 2000, on the General Part of Social Insurance Law (LPGA) remains applicable in the event of an appeal mistakenly addressed to the Administrative Court of the Canton of Bern after December 31, 2025.

2 Article 39, paragraph 2, LPGA is also applicable, by reference from Article 60, paragraph 2, LPGA, concerning the issue of the appeal deadline.

1 Articles 4 of the Bernese Law of May 23, 1989, on Administrative Procedure and Jurisdiction (LPJA) and 31 of the Code of Administrative Procedure (Cpa) apply by analogy in the inter-cantonal relationship to all procedures referred to in article one, paragraphs 1 and 2, which are subject to cantonal procedural law.

2 Articles 42, paragraph 3, LPJA and 45, paragraph 2, Cpa apply by analogy in the inter-cantonal relationship to all procedures referred to in article one, paragraphs 1 and 2, which are subject to cantonal procedural law.

1 Upon the adoption of this agreement, the Supreme Court, the Administrative Court, and the Cantonal Court shall simultaneously communicate this agreement to both cantonal bar associations to inform them thereof.

2 As of its adoption, this agreement, the annexes that form an integral part of it, and the related comments shall be published online on the websites of the three higher courts and shall remain available there at least until December 31, 2026.

1 This agreement enters into force on January 1, 2026.

2 The validity of Article 14 is limited to December 31, 2026.