Rules of Organization and Procedure of the Judicial Council - Composition

1. The Judicial Council consists of the presiding Presidents of the Court of Appeal, the Social Security Court, the Criminal Court, and the Civil Court, as well as a substitute for the presiding President of the Court of Appeal. The representative of the Criminal Court also represents the interests of the Juvenile Court, and the representative of the Court of Appeal represents those of the Court for Protective Measures.

2. The chair is held by the presiding President of the Court of Appeal or their substitute.

3. The courts must promptly inform the Judicial Council of elections concerning these offices.

1. If a member of the Judicial Council is exceptionally unable to attend, they may be represented by another member of the executive committee of their court.

1. The Senior Court Clerk of the Court of Appeal and the Chief Administrator of the Court of Appeal shall manage the secretariat of the Court Council. They shall participate in the meetings of the Court Council in an advisory capacity.

2. The Senior Court Clerk of the Court of Appeal and the Chief Administrator of the Court of Appeal shall assist the Court Council in the fulfillment of its duties and shall carry out the tasks assigned to them by the Court Council.

1. The meetings of the Judicial Council are convened at the invitation of the Chairperson. Each member may request the convening of the Judicial Council. The invitation, including the agenda, is sent in writing or by e-mail at least one week in advance. Additional agenda items may be included subsequently if all voting members of the Judicial Council agree. The agenda is also sent to the Juvenile Court and the Court for Protective Placements.

2. The meetings are not public.

3. The minutes of the Judicial Council are recorded by the First Court Clerk of the Court of Appeal.

4. The Judicial Council may invite additional persons with an advisory vote.

1. The Court Council passes its resolutions in its meetings. It has a quorum when three voting members are present. The chairperson also votes and has the casting vote in the event of a tie.

2. Resolutions can be reconsidered by a simple majority.

3. Resolutions can only be passed by circulation if there is unanimity.

1. The members of the Judicial Council ensure that the presidencies, judges, and staff of the courts they represent are adequately informed about the resolutions of the Judicial Council, insofar as these are not declared confidential by the Judicial Council or communicated directly.

1. Authorized signatories for the Court Council are its Chairperson and their Deputy, each collectively together with another member of the Court Council, including the staff of the Court Council Secretariat.

1. The Judicial Council decides on matters concerning the administration of justice that transcend individual courts within the scope of its legal responsibilities.

2. The administration of the courts is the responsibility of each individual court, unless it falls under the jurisdiction of the Judicial Council.

1. The Court Council represents the courts in dealings with the Grand Council, the Government Council, and financial oversight. The responsibility for representation lies with the chairperson of the Court Council. For specific matters, the Court Council may delegate representation to another individual.

2. Furthermore, the Court Council represents the courts to the public within the scope of its competences.

3. It publishes the register of interests of the court members.

1. The Judicial Council issues regulations, guidelines, and directives within the scope of its statutory responsibilities.

1. The Court Council decides on the strategic guidelines in the areas of finance and accounting.

2. It may assign special audit tasks to the financial control upon request by a court or by its own resolution and involve it as an advisory body in matters of financial oversight.

3. Upon request of the financial control, it decides on the necessary measures to rectify significant deficiencies, insofar as the audited entity does not remedy these, does not initiate measures for their rectification, or fails to report, and informs the Finance Commission of the Grand Council about its decision.

4. It takes note of the activity report of the financial control and decides on the consequential measures.

1. The Court Council prepares the budget of the courts and the annual accounts of the courts and forwards these to the Government Council.

2. It issues a directive regarding the respective preparation processes.

3. It finalizes its own annual report and forwards it to the Grand Council along with the annual reports submitted to it by the courts.

1. The Court Council issues guidelines and directives for the strategic guidelines in the field of information technology management.

2. It decides to what extent services in the information technology and communications sector are to be procured from the Government Council.

1. The courts communicate their real estate requirements to the Judicial Council.

2. The Judicial Council, after consulting the courts, reports their requirements to the Government Council and ensures their fulfillment.

1. Each court is the employing authority for its own staff. It regulates the corresponding responsibilities within the framework of § 62 GOG in its own administrative regulations.

1. The Judicial Council decides on the applications from the courts for the election of presidents and for the increase in the legally stipulated number of judges, and accordingly submits a proposal to the Grand Council.

1. The Court Council decides, upon request of the individual courts, on the classification of positions and extraordinary classifications ad personam.

2. The classification of employees is the responsibility of the courts as the appointing authority.

1. The Judicial Council issues guidelines on strategic directives in human resources, insofar as uniform regulations are required.

1. The judicial council grants exceptions from the prohibition of other employment to full-time presidencies and full-time court clerks in justified cases.

2. It issues the exception permit particularly when the activity is related to judicial duties and is compatible with the exercise of the office. Activities without such a relation can be permitted if special reasons are present.

1. The Court Council grants permission to part-time presidencies to act as legal or de facto members of the executive management or the highest management and administrative organ of a for-profit company, or to serve as members of the federal councils, in justified cases.

2. It grants approval for all other gainful activities of part-time presidencies, provided that their exercise is compatible with the duties of a court president.

1. A public office is also considered a secondary occupation requiring approval.

1. The presidencies and full-time court clerks are required to inform the court council of their intention prior to taking up employment that requires approval and to obtain the necessary authorization or approval.

1. The Judicial Council periodically gathers information from all court presidencies as well as the full-time court clerks regarding their secondary activities. It reports to the Grand Council on the approved activities of the court presidencies and the full-time court clerks.

1. The Judicial Council publishes at the beginning of the term of office the personal registers of disclosures regarding the conflicts of interest of its members, as created by the individual courts.

1. Insofar as the Judicial Council has to make orders or decisions on objections, its procedure is governed by Sections 38 et seq. of the Law concerning the Organization of the Government Council and Administration of the Canton of Basel-Stadt (Organizational Law, OL) of April 22, 1976.