Act on the Liability of the Canton and the Municipalities (Liability Act) (Haftungsgesetz) - Terms (CCÉ)

1. For the purposes of this law, the term "State" includes the canton, the municipalities, and other corporations and bodies as defined by the Municipal Law, as well as legal entities under cantonal public law, with the exception of the Cantonal Bank of Basel-Landschaft, the Pension Fund of Basel-Landschaft, and the national churches.

2. For the purposes of this law, the term "employees" includes individuals who

a. are in an employment relationship with the State;

b. serve as part-time judges;

c. hold another part-time public office;

cbis. * are members of the fire brigade;

d. are members of the government council or of executive bodies and authorities as defined by the Municipal Law;

e. * serve as an ombudsperson.

1. Insofar as the liability of the state and its employees is regulated by federal law or other cantonal legislation, this law shall not apply.

2. Insofar as this law does not provide its own regulation, the provisions of the Swiss Code of Obligations shall apply.

3. Insofar as the state acts as a subject of civil law, it shall be applicable.

1. The state is liable under the provisions of this Act for damage unlawfully caused to third parties by its employees in the performance of their official duties.

2. The injured party has no financial claim against the culpable employees.

3. If an order or decision is altered during the appeals process, the state is only liable if employees of a lower instance intentionally violated an official duty.

4. The state is liable for damage arising from incorrect information or recommendations only in cases of intent or gross negligence on the part of the employees.

1. The provisions of the Swiss Code of Obligations regarding the payment of compensation are applicable, whereby fault is not presumed.

1. State Liability is Particularly Excluded When

a. The damage occurs due to force majeure or through the conduct of a third party or the injured person;

b. The injured party fails to pursue legal remedies available to oppose the harmful conduct.

2. If the harm occurs during the exercise of a state activity for the protection or in the interest of the injured party, liability may be appropriately reduced or excluded.

3. Furthermore, the grounds for reduction and exclusion are applicable according to the provisions of the Swiss Code of Obligations.

1. The state is also liable for the damage lawfully caused by its employees if individuals are disproportionately affected and it is unreasonable to expect them to bear the damage themselves (§ 13 para. 2 KV).

2. The liability of the state for lawful conduct is excluded in particular if

a. the state has not acted in a sovereign capacity;

b. the injured party has contributed to the damage through their own actions.

3. In addition, the grounds for reduction and exclusion pursuant to § 5 of this Act and the provisions of the Swiss Code of Obligations apply mutatis mutandis.

1. Claims of injured parties are adjudicated by the Cantonal Court, Division of Constitutional and Administrative Law, based on an administrative court complaint.

1bis Claims of injured parties that could lead to an appeal in civil matters to the Federal Supreme Court according to Article 72 paragraph 2 of the Federal Supreme Court Act of June 17, 2005, are decided by the competent authority in accordance with paragraph 3 by issuing a decree. This decree can be contested with an administrative court complaint to the Cantonal Court.

2. For claims of employees against the state arising from the employment relationship, the procedure according to the Personnel Act is applicable.

3. Claims against the state can be registered for conciliation negotiations with the competent authority. The responsible entities are

a. the relevant department for cantonal administration;

b. * ...

c. * the management of the Cantonal Court for the courts;

d. * the Ombudsperson for the Ombud Office;

e. the respective municipal administration for municipal matters;

f. the respective legal entity under public law for their matters.

1. For damages caused to someone by the activity of an employee who serves multiple public entities, the public entity that elected or employed the employee is liable.

2. If the employee was elected or employed jointly by multiple public entities, they are jointly and severally liable.

3. The involved public entities shall bear the damage internally according to the extent of their interest in the official task.

1. In proceedings concerning liability claims, the legality of formally legally binding orders, decisions, and judgments cannot be reviewed; except in cases of nullity.

1. The limitation period for state liability is determined, subject to this or any other law, according to the provisions of the Swiss Code of Obligations.

2. Upon filing a claim, the limitation period is suspended for the duration of the conciliation proceedings until one party refuses to continue the proceedings, but for no longer than 6 months.

1. Employees are liable to the state for the damage they have caused unlawfully and with intent or gross negligence.

1. The state may take recourse against employees insofar as they have caused damage to third parties unlawfully and intentionally or through gross negligence, and insofar as the state is liable to provide compensation for it.

1. If multiple employees have caused the damage jointly and with gross negligence, they shall be held liable proportionately according to the degree of their fault.

2. If multiple employees have caused the damage jointly and intentionally, they shall be jointly and severally liable.

1. Members of authorities who did not vote for a decision are not liable for the resulting damage.

1. Liability of Employees Performing Official Duties: Employees acting in an official capacity will be indemnified by the state, provided that they did not cause the damage intentionally or through gross negligence, nor subsequently worsen the state's position through unauthorized actions.

1. Claims for personal damages and recourse against employees can also be asserted after the termination of the employment relationship, office, or ancillary office.

1. Employee liability and recourse claims can be offset against salaries and other entitlements to the extent that they are subject to garnishment.

2. Payment agreements may be concluded.

1. The limitation period for the liability of employees is governed, subject to this or another law, by the provisions of the Swiss Code of Obligations.

2. The limitation period for the right of recourse begins with the acknowledgment or legally binding determination of the state's liability for damages.

1. The authority responsible for making decisions on claims for personal damage, recourse claims, and indemnification is either the hiring or appointing authority, or the legal entity under public law that has employed the individual concerned.

2. Notwithstanding paragraph 1, the following authorities are responsible

a. The Cantonal Council for claims against members of the Executive Council or against the Ombudsperson;

b. The management of the Cantonal Court for claims against members of lower courts;

c. The Municipal Council for claims against employees of municipalities and members of municipal authorities;

d. The Executive Council for claims against members of the Municipal Council.

3. Decisions made by the Cantonal Council and the Executive Council can be appealed to the Constitutional and Administrative Law Division of the Cantonal Court.

1. In the assessment of recourse claims, the deciding authority is not bound by the judgment regarding the claims of the injured third party against the state.

1. Damages caused before the entry into force are assessed according to previous law.

1. The Act of September 25, 1997, on the Employment Relationships of the Employees of the Canton (Personnel Act) is amended as follows: ...

1. The Act of May 28, 1970, on the Organization and Administration of Municipalities (Municipal Act) is amended as follows: ...

1. The Act of December 16, 1993, on the Constitutional and Administrative Procedure Code (Administrative Procedure Code) is amended as follows: ...

1. The Act of November 16, 2006, on the Introduction of the Civil Code (EG ZGB) is amended as follows: ...

1. The Police Act (PolG) of November 28, 1996, is amended as follows: ...

1. The Act of November 25, 1851, concerning the liability of authorities and officials is repealed.

1. The government council determines the commencement of this law.