Act on Recusal (Recusal Act, AuG) (Ausstandsgesetz, AuG) - Scope (AuG)

1. This law applies to the members of the district council, the executive and judicial authorities of the canton and the municipalities, including their commissions, as well as to the organs of autonomous public corporations and institutions. It also applies to full-time and part-time officials and functionaries of the canton and the municipalities.

2. Special provisions in judicial enactments remain reserved.

1. The purpose of this Act is to ensure that members of authorities, officeholders, officials, and bodies make their decisions and resolutions free from irrelevant and self-serving considerations and influences.

1. The Duty to Recuse applies to participation, preparation, consultation, and decision-making. The corporations specify in a regulation those functions where the recusal, in cases of kinship and affinity, is limited to consultation and decision-making.

2. In non-public negotiations and court hearings, the person obliged to recuse must leave the negotiation room. In other cases, the procedure management takes measures to ensure that consultation and decision-making can be conducted without influence. If necessary, it may instruct the person obliged to recuse to leave the negotiation room.

1. Any person subject to disqualification must consider any known grounds for disqualification on their own initiative before dealing with the relevant matter, or, in case of doubt, bring it to the attention of the competent authority or the proceedings' director.

1. Anyone wishing to request the recusal of a person must submit a corresponding application to the competent authority without delay as soon as they have knowledge of the grounds for recusal.

2. The application must be addressed to the competent authority or to the procedural management. The facts justifying the recusal must be substantiated.

3. The affected person provides a statement on the application.

1. If the recusal is contested, the decision is made by

a) the District Governor or the relevant district commission, if a member of the district council or the secretary of this authority is involved. This decision is final.

b) the collegial authority, if a member of a collegial authority or the secretary of this authority is involved.

c) the supervisory commission, if an individual judge or the secretary of this authority is involved.

d) the hierarchically superior person or service, if an employed person is involved.

e) the appeals body, if the entire collegium is involved.

2. The decision of the collegial authority is made excluding the member whose recusal is contested.

3. The decision is announced verbally and, upon request, provided with a written justification.

4. Until the decision is announced verbally, the affected person continues to perform their duties.

1. In the consultation and adoption of legal enactments, there is no duty to recuse.

1. A person to whom this law applies is required to recuse themselves if they

a) have a personal interest in the matter

b) have acted, in another capacity, particularly as a member of an authority, as a representative of the affected person, as an expert, or as a witness, in the same matter

c) are connected to the affected person, their representative, or a person who acted as a member of an authority in the same matter, through marriage, engagement, registered partnership, or factual cohabitation

d) are related by blood or marriage to the affected person in a direct line or collateral line up to and including the third degree

e) are related by blood or marriage to the representative of the affected person or to a person who acted as a member of the lower instance in the same matter, in a direct line or collateral line up to and including the second degree

f) could be biased for other reasons, particularly due to friendship or enmity, or due to the existence of a special duty or dependency relationship

2. Participation in a previous proceeding of the same authority does not, by itself, constitute a ground for recusal.

3. The obligation to recuse does not apply when voting in elections.

1. If the matter concerns a legal entity, those members who belong to the management, the board of directors, the supervisory body, or the executive board of this legal entity, or who are connected with such persons within the meaning of Article 7 letters c, d, and e, shall recuse themselves.

2. This provision shall apply mutatis mutandis in the treatment of submissions from municipalities and corporations, provided the matters do not directly serve to fulfill public or charitable tasks.

3. However, delegates and representatives of interests of the communities, bodies, and institutions mentioned in Article 1 are not required to recuse themselves for matters within their delegated area of responsibility.

1. When deciding on appeals against decisions and decrees of subordinate authorities, departments, commissions, or offices, members of the appeal instance who belong or belonged to the subordinate authorities or offices and acted in the relevant matter must recuse themselves. They must be granted the right to be heard in the same manner as the appellant.

2. The same applies to complaints about the conduct of subordinate authorities, departments, commissions, and offices or of individual members.

1. Members of judicial authorities are prohibited from performing their duties in any matter in which they have previously acted in an official capacity, particularly as a member of an executive authority or a lower instance.

1. Official acts in which a person obligated to recuse themselves has participated shall be annulled, provided that a party involved in the proceedings requests this within five days of becoming aware of the reason for recusal.

2. Evidence measures that cannot be repeated may be considered by the deciding authority.

3. If the reason for recusal is discovered only after the conclusion of the proceedings, the provisions on revision shall apply.

1. Ongoing negotiations, consultations, and proceedings at the time of this amendment's entry into force shall be governed by the new law.

1. This law shall enter into force upon acceptance by the people.

1. Pending negotiations, consultations, and proceedings shall be governed by this Law as soon as it becomes legally effective.

1. Upon the entry into force of this law, all provisions conflicting with it are repealed, in particular

a) the law concerning the disqualification in the authorities dated May 4, 1890

b) Article 21 of the law on the Urner Cantonal Bank dated May 19, 1968

c) Article 7, paragraph 2 of the law on the acquisition of the right to land in the Canton of Uri dated May 5, 1935

d) Article 25 of the introductory law to the Swiss Civil Code