Ordinance on the Legal Service of the Governing Council (V RDRR) - Position (RDRR)

1. The Legal Service is the permanent advisory body of the Government Council on legal matters.

2. It functionally reports to the Government Council.

3. Administrative oversight is the responsibility of the State Secretary.

1. The Legal Service is responsible for procedural orders and filing applications when an appeal is submitted to the Government Council against

a) * a decision of a department,

b) * a decision of another authority based on a binding directive or a partial decision of a department, and when the appeal materially seeks to amend this directive or partial decision,

c) * a decision of a commission in which the head or staff members of the responsible department participated.

2. For other appeals, the department to which the subject matter of the appeal belongs is responsible for procedural orders and filing applications to the Government Council. This also includes appeals against decisions of offices and institutions.

1. The Legal Service comprehensively clarifies the factual and legal foundations of the complaint matter and conducts the necessary investigations for this purpose. These must be documented.

1. To clarify the basis for decisions, the legal service may commission expert opinions. If these are expected to incur costs exceeding CHF 10,000, approval from the State Secretary must be obtained within the scope of the approved budget.

1. The Head of the Legal Service participates in the deliberations of the Government Council concerning the appeals instructed by the Legal Service, with an advisory vote.

2. The Legal Service is responsible for the final drafting of the considerations and the operative part of the appeal decisions instructed by it.

1. The Legal Service

a) waives the decision if the appellants agree to an expedited appeal,

b) issues a decision of non-entry if the advance payment of costs is not made,

c) grants consent for reconsideration,

d) issues partial or interim decisions,

e) renders a decision and allocates procedural and party costs in cases where the procedure becomes irrelevant, an appeal is withdrawn, or a settlement is reached,

f) determines the amount of party costs,

g) submits statements to appellate bodies when it has instructed the appeal procedure.

2. In justified individual cases, particularly those with special political significance, exceptional importance, or cases with substantial precedent-setting effects, a matter may be submitted to the government council for a decision.

1. The Legal Service reviews the matters submitted to the Executive Council from a legal standpoint. It has full access to the files.

1. The Head of the Legal Service may orally or in writing raise legal objections to proposals submitted to the Executive Council by departments or third parties. He or she is authorized to request the allocation of matters for co-reporting.

2. All draft decrees that the Executive Council must decide upon or submit to the Grand Council must be sent to the Legal Service for co-reporting before the Executive Council's deliberation.

1. If a cantonal administrative authority doubts the legality of a federal or cantonal regulation it is required to apply, it shall suspend the proceedings and request the executive council for an incidental review of norms.

2. The parties involved in the suspended proceedings do not have party status.

3. The legal service conducts the necessary investigations and submits a proposal to the executive council.

1. This Regulation shall enter into force on January 1, 2014.