Organizational Ordinance of the Administrative Court (OO AC) (OVVGR)

1. The Full Court (Plenum) consists of the full-time and part-time members of the Administrative Court.

a. Composition and

2. It holds meetings as often as business requires. The President of the Court presides, in their absence the First Vice-President, and in their absence the other Vice-Presidents in descending order.

3. The Plenum convenes upon invitation by the President, or when the Administrative Commission, the Consultative Commission, or at least four members of the Court demand it.7

4. Resolutions of the Plenum are valid if at least two-thirds of all members participate in the meeting or the circulation procedure.

5. Every member is obliged to cast a vote. In the event of a tie, the vote of the presiding member counts double.

Decision-making

1 The Full Court shall constitute itself at the beginning and mid-point of each term of office. If necessary, it may also re-constitute itself in the interim.

2 When constituting itself, it shall decide on

a. the number of divisions,

b. the jurisdiction for handling business and the further scope of duties of each division,

c. the allocation of its members to the divisions.

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175.21 Organizational Ordinance of the Administrative Court – OO ACt

c. Elections

3 It shall elect

a. the Court President,

b. as many Vice-Presidents as are required for staffing the divisions with Presidents,

c. four members as delegates to the Courts' Plenary Committee,

d. the members of the Consultative Commission and its President,

e.6 one member of the Administrative Commission from the Consultative Commission.

The Full Court

a. appoints the Secretary-General and their Deputy,

b. elects the Chairs, members, and alternate members of the Valuation

Commissions (§ 34 of the Law concerning the Assignment

of Private Rights of November 30, 18795).

d. Ordinances

The full court issues regulations in accordance with § 40 para. 1 VRG³, and furthermore concerning

a.7 the organization and procedural course of the Building and Tax Appeals Court, as well as the procedure of the appraisal commissions in expropriation disputes,

b. the fees, costs, and indemnities of the Building and Tax Appeals Court.

e. Further Competencies

1 The Full Court decides on

a. the adoption of the accountability report to the Cantonal Council,

b. statements in dealings with the Cantonal Council and the Govern-

ment Council, insofar as they concern matters of fundamental impor-

tance for the organization and operation of the Court,

c. leave requests from members for more than three months, unless

they are submitted due to illness or accident,

d. the deployment of substitute members with a time-limited workload,

e. judicial administrative matters that the Administrative Commission

has referred to the Full Court,

f. the expense allowance for part-time judges and substitute members,

g. the approval of the rules of procedure for the Building Appeals Court

and the Tax Appeals Court.

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Organizational Ordinance of the Administrative Court – OO AC

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2 It nominates the persons it proposes to the Cantonal Council for election as

substitute members.

7 1 The Administrative Commission consists of the President of the Court, the Vice-Presidents, and a court member who belongs to the Consultative Commission. The President chairs the meetings.

Administrative Commission

a. Composition and

Organization

2 The Secretary General manages the secretariat.

3 The Commission may form sub-committees for the processing of its business. These are under the responsibility of individual members.

4 If necessary, the Commission may invite other members and substitute members of the Administrative Court, as well as judicial staff and external experts, to its meetings. These individuals shall have an advisory vote.

5 Each member of the Administrative Commission may, for special reasons, be represented

a. the President of the Court and the Vice-Presidents by a member of their division,

b. the member according to Section 2 para. 3 lit. e by another member of the Consultative Commission.

1. The Administrative Commission, as the central management and supervisory body, handles all judicial administrative matters of the Administrative Court and the courts subordinate to it, unless they are reserved by law to other authorities or by this Ordinance to other organs of the court.

2. The Administrative Commission informs all members of the agenda and the minutes and provides them with further information upon request.

3. The Administrative Commission appoints the staff of the secretariat and the registry upon the request of the departments.

4. It is responsible for the preparation of all matters to be dealt with by the Plenary Court. It may submit proposals to the Plenary Court.

5. It may refer matters of particular significance falling within its competence to the Plenary Court.

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Organisational Ordinance of the Administrative Court – OV VGr

b. Powers

in general

c. Supervision of

the Building and

Tax Appeals Court

and the Estimation

Commissions

d. Appeals

body

Consultative

Commission

Court President

1 The Administrative Commission exercises administrative supervision over the Building Appeals Court and the Tax Appeals Court, as well as the Valuation Commissions.

2 It determines the initial classifications of the members of the Building Court and the Tax Court into the salary classes and salary levels.

3 It approves the appointment of the Head of the Chancellery of the Building Appeals Court.

The Administrative Commission handles appeals against court-internal decisions in judicial administrative matters, except against those originating from the Commission itself or from the Full Court. § 38 VRG3 and §§ 12 para. 2, 13, 18, 20 and 21 of these Regulations apply mutatis mutandis.

6 1 The Consultative Commission consists of four members of the court

who do not preside over a division.

2 It is involved by the Administrative Commission in the preparation

of important matters. It may

a. submit proposals to the Administrative Commission and the Plenary,

b. request information from the Administrative Commission concerning specific matters.

1 The President of the Court represents the Court externally and ensures cooperation with the other supreme cantonal courts. He or she may delegate this authority, for specific cases or areas, to a member of the Administrative Commission or to the Secretary-General.

2 The President decides in individual cases of jurisdictional conflicts between the divisions.

3 The Secretary-General and the Central Registry are subordinate to him or her.

4 He or she decides on judicial administrative matters of minor importance. He or she may delegate this authority in individual cases to the Secretary-General.

5 He or she determines the members of the Administrative Court participating in five-judge panels, the rapporteur, and the court clerk for appeals against enactments from the areas of private, criminal, or social insurance law. He or she generally presides.

Organisational Ordinance of the Administrative Court – OV VGr

175.21

1 The Secretary General has the following duties

a. Preparation of the President's business,

b. Support of the President in the preparation of the business of the Plenum and the Administrative Commission,

c. Participation in the meetings of the Plenum and the Administrative Commission with the right to propose motions and an advisory vote,

d. Management of the Central Chancellery, whereby they are particularly responsible for personnel administration, budgeting, accounting, IT, documentation, and archiving,

e. Coordination of the work of the court clerks and the administrative departmental staff,

f. Support of the Division Presidents in personnel recruitment,

g. Regulation of cross-departmental personnel matters.

2 The Deputy Secretary General deputizes for the Secretary General in their absence. The Secretary General may delegate to the Deputy

a. Exceptionally, individual matters,

b. With the approval of the Administrative Commission, entire business areas.

Secretary General

B. Divisions, Chambers, Judges

**1 The Divisions**

1 The divisions handle the business to be dealt with by a panel of three in a chamber.

2 They designate the members with single-judge authority.

3 They carry out other tasks assigned to them by the full court.

1. Each division is headed by the Court President or the Divisional Court President or a Vice-President.

2. She or he ensures prompt processing and professional drafting of judgments in all chamber matters.

3. She or he is the direct superior of the court clerks and the administrative staff of the division.

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175.21 Organizational Ordinance of the Administrative Court – OV VGr

Decision-making bodies

7 1 The President of the Division determines

a. the adjudicating body (single judge, three- or five-member panel),

b. the presiding judge of the panel in the case of a three- or five-member panel,

c. the other participating members of the adjudicating body or the single judge,

d. the court clerk,

e. from among those mentioned in lit. b, c and d above, the rapporteur.

2 The determination under para. 1 lit. b–e is made according to objective criteria, such as specific professional knowledge and temporal availability, while maintaining an open mind regarding the decision.

3 He or she staffs the adjudicating body

a. for matters to be decided by a three-member panel (panel matters) with members of the division,

b. for single-judge matters with a member of the division.

4 In justified cases, he or she may also involve members of other divisions or substitute members.

5 He or she generally presides.

Single judge

1 The single judge is responsible for the expeditious handling of cases and the expert drafting of judgments.

2 They appoint court clerks and administrative staff in consultation with the Divisional President.

3 They are relieved of chamber duties in proportion to their workload for single-judge cases.

Part-time members

Substitute members

Part-time members are present at the seat of the court as often as is necessary for the smooth running of business, in accordance with their degree of employment.

1 Substitute members are generally available for deployment in

all chambers. Exceptionally, they may be permanently assigned to one or

more departments.

2 If necessary, individual substitute members may be deployed based on a

fixed level of employment for a specified period, with corresponding remuneration.

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Organizational Ordinance of the Administrative Court – OV VGr

C. Business Workflow

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1. The Divisions handle the cases falling within their respective areas of competence.

2. In cases of doubt, the Division Presidents shall consult with each other. If they cannot agree, the Court President shall decide.

Distribution of Cases

1 The Presiding Judge of the Chamber leads the proceedings and issues the necessary procedural orders to that effect. Orders of the Chamber in the evidence taking procedure remain reserved.

2 He or she may transfer the leadership of the proceedings, in whole or in part, to the Rapporteur. The Rapporteur may summon the parties to a Rapporteur's hearing.

3 He or she leads the oral hearings of the parties to be conducted before the Chamber. He or she may transfer parts of the hearing leadership to the Rapporteur.

4 The Chamber may transfer the conduct of an evidence taking procedure, in whole or in part, to a delegation, to the Presiding Judge, or to a member.

5 The Rapporteur generally submits his or her motion for the disposition of the case in writing and with reasons. The Presiding Judge may instruct another member of the Chamber or the Court Clerk to prepare a written co-report.

a. Chamber

Matters

1 The single judge makes the necessary b. Single Judge-

procedural orders.

2 If the single judge refers a case of fundamental importance

to the Chamber, he or she participates in its handling.

business

1 Editorial Work on Decisions and Rulings is carried out by

the Secretary-General or a Court Clerk. For Chamber

matters, they rely on the report and oral deliberation.

2 Decisions and Dispositive Rulings are signed

a. by the Presiding Judge of the Chamber or the Single Judge, and

b. by the Secretary-General or a Court Clerk.

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D. Handling of Recusal Motions

7 1 Regarding contested requests for recusal against members, substitute

members, court clerks (female) and court clerks (male), the

department responsible for the matter shall decide, excluding the persons

against whom the request is directed. In the decision on recusal,

the same number of judges (female) and judges (male) shall participate as in the main matter.

2 If, due to a multitude of recusal requests, no judicial panel

can be formed, a member of the department who has not been challenged

shall lead the proceedings. This member shall additionally involve members of another

department or substitute members and shall assume the chairmanship.

3 If the request for recusal is directed against every member of a

department, the President of the Court (female) or the President of the Court (male)

or a member of the administrative commission who has not been challenged shall

assign the request to another department for decision. For the formation

of the judicial panel, § 13 paras. 1 and 2 apply mutatis mutandis.

4 If the request for recusal is directed against the participation of

members or the Secretary General (female) or the Secretary General (male) in

the Plenary Court, the Plenary Court shall decide, excluding the

persons against whom the request is directed.

E. Final Provision

decision of the Administrative Court of 26 June 1997 is overturned.

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1 OS 65, 983; for grounds, see AB1 2010, 2030.

2 Entry into force: 1 January 2011.

3 LS 175.2.

4 LS 211.21.

5 LS 781.

6 Inserted by B of 26 August 2014 (OS 70, 263; AB1 2014-11-28). In force

since 1 March 2015.

7 Version according to B of 26 August 2014 (OS 70, 263; AB1 2014-11-28). In force

since 1 March 2015.