Agreement on the Appenzeller Vorderland Music School
Table of Provisions (12)
Statutory Text (12 Articles)
1. The municipalities of Appenzell Ausserrhoden, namely Walzenhausen, Wolfhalden, Heiden, Grub, Wald, Rehetobel, and Reute, as well as the school districts of St. Gallen, namely Grub and Eggersriet, are authorized to form an association for the joint management of the Appenzeller Vorderland music school.
2. The purpose and organization of the association, as well as the rights and obligations of the members towards each other and in relation to the association, must be defined by the association agreement. This agreement requires the approval of the competent authorities of the contracting cantons. It shall come into effect upon approval by both parties.
1. Additional municipalities may join the association. It may be obligated by the competent authorities of the contracting cantons to accept additional municipalities.
1. The association is a public-law corporation with its own legal personality. Its seat is located at the residence of the president.
2. For the liability of the association's bodies and the conduct of the association's affairs, the legal provisions of the Canton of Appenzell A.Rh. are decisive. The provisions of the contracting cantons regarding state contributions are reserved.
1. Supervision of the association, as well as of school operations and teaching, shall be exercised by the competent authorities of the canton of Appenzell A.Rh. in agreement with the competent authorities of the canton of St. Gallen. The contractually involved cantons retain supervision over their municipalities.
1. Regarding public law disputes between the association and individual members on one side and third parties on the other, the competent ordinary judicial and administrative authorities of the contracting cantons shall decide.
1. Public Legal Disputes Between Members or Between the Association and Members are to be Submitted to the Department of Education of the Canton of Appenzell A.Rh. for Mediation. If no Agreement is Reached, the Government Council of the Canton of Appenzell A.Rh. Decides.
1. Disputes in the election of deputies and the regulations applicable thereto, as well as disputes regarding the legal status of deputies in relation to the delegating members, shall be decided by the competent authorities of the cantons of the agreement to which the members belong.
1. Civil disputes and issues where a member or the association merely holds the status of a private individual fall under the jurisdiction of the ordinary judicial and administrative authorities of the contracting cantons.
1. The governments of the agreeing cantons commit themselves to ensuring compliance with the decisions of the competent authorities of the other canton.
2. Decisions concerning a monetary claim are equated with enforceable judicial judgments according to Art. 80 para. 2 of the Federal Act on Debt Collection and Bankruptcy.
1. Disputes between the contracting cantons regarding the interpretation and application of this agreement shall be submitted to the Federal Supreme Court pursuant to Article 113, paragraph 1, number 2 of the Federal Constitution.
1. The adaptation of this agreement to future legislation of the agreement cantons remains reserved. They will come to an understanding about this.
1. This Agreement shall enter into force as soon as it is signed by the contracting cantons.