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154.190 CH-BS

Rules of Organization of the Youth Court

11 Articles / Provisions · Switzerland · Canton of Basel-Stadt
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Table of Provisions (11)

Statutory Text (11 Articles)

Article: Organization

1. The Full Court

a) issues the regulations assigned to it by law and submits them to the Court of Appeal for approval;

b) conducts the elections entrusted to it by law.

Article: Organization

1. The President

a) presides over the meetings of the plenary court;

b) represents the court externally;

c) ensures the smooth conduct of the court's business;

d) ensures the uniform practice of the court;

e) convenes the plenary court;

f) selects the court clerks and supervises their work;

g) is responsible for the further training of the staff within the operational capabilities;

h) ensures that the interests of the court are adequately represented in the judicial council and is responsible for collaboration with the other courts of the canton.

Article: Organization

1. The Vice President acts on behalf of the President in all their functions during absence or to relieve them.

Article: Organization

1. Court Clerks

a) attend court sessions and take the minutes; they have an advisory voice during deliberations;

b) prepare decisions and provide reasoning for the judgments made in court sessions. They may be assigned to draft submissions on behalf of the appellate court in its capacity as a court of appeal or review;

c) may be involved in the instruction of proceedings;

d) provide legal information;

e) perform other tasks assigned to them.

2. Their specific duties are outlined in the respective job descriptions.

Article: Organization

1. The Juvenile Court is equipped with a secretariat tasked with clerical duties.

2. The secretariat prepares court proceedings, handles the administrative matters in individual cases, and implements instructional orders. The specific duties are detailed in the job description of the secretariat staff.

Article: Organization

1. The court usher service is outsourced. The court usher service is responsible for order and security in the courtroom, has the authority to issue instructions to parties and the public within the scope of its duties, and is responsible for internal and external postal services.

Allocation of Responsibilities

1. The Juvenile Court handles three types of matters

a) Indictments by the Juvenile Prosecutor's Office;

b) Appeals against penal orders of the Juvenile Prosecutor's Office;

c) Appeals against enforcement orders of the Juvenile Prosecutor's Office.

2. The members of the Juvenile Court Presidium perform the duties of the Coercive Measures Court.

3. The allocation of cases is performed by the President.

Allocation of Responsibilities

1. The panels are constituted in accordance with legal provisions and based on the availability of judges. The presidency decides on the composition of the court.

2. The composition is determined based on the following criteria

a) Interdisciplinary composition of the panel;

b) Participation of members of both genders;

c) Specific expertise in a particular field;

d) Consideration of an equitable distribution of workload among judges;

e) Consideration of availability (particularly in cases of absences due to vacation and illness).

1. Personal Data 1.1. Definition of Personal Data Personal data refers to any information relating to an identified or identifiable natural person ("data subject"), such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. 1.2. Processing of Personal Data The processing of personal data includes any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. 1.3. Data Protection Rights Data subjects have the right to access their personal data, the right to rectification, the right to erasure, the right to restrict processing, the right to data portability, and the right to object to processing. Data subjects also have the right to lodge a complaint with a supervisory authority. 1.4. Responsibilities of Data Controllers Data controllers are responsible for ensuring that the processing of personal data is carried out in compliance with the applicable data protection laws and regulations. They must implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk. 1.5. International Data Transfers Personal data may only be transferred to a third country or an international organization if it ensures an adequate level of data protection. Transfers may be based on an adequacy decision by the relevant authority, appropriate safeguards, or derogations for specific situations.

1. The personnel law, including the personnel welfare provisions of the canton, is applicable to the employees of the court, insofar as the Court Organization Act does not provide otherwise.

2. The authority responsible for personnel matters is the President, together with the President of the Court for Protective Custody, acting as the appointing authority for court clerks and secretarial staff. The appeals process is governed by §§ 40 et seq. of the Personnel Act dated November 17, 1999.

3. Decisions on the job classification of court personnel are made by the Court Council in accordance with the Salary Act.

1. Personal Data 1.1. Definition of Personal Data Personal data refers to any information relating to an identified or identifiable natural person ("data subject"), such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. 1.2. Processing of Personal Data The processing of personal data includes any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. 1.3. Data Protection Rights Data subjects have the right to access their personal data, the right to rectification, the right to erasure, the right to restrict processing, the right to data portability, and the right to object to processing. Data subjects also have the right to lodge a complaint with a supervisory authority. 1.4. Responsibilities of Data Controllers Data controllers are responsible for ensuring that the processing of personal data is carried out in compliance with the applicable data protection laws and regulations. They must implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk. 1.5. International Data Transfers Personal data may only be transferred to a third country or an international organization if it ensures an adequate level of data protection. Transfers may be based on an adequacy decision by the relevant authority, appropriate safeguards, or derogations for specific situations.

1. For each position, there is a job description that contains the organizational assignment, the duties, as well as the tasks and responsibilities. It also sets forth the requirements regarding education and training, as well as specific professional knowledge and experience.

2. The job descriptions are provided to the respective employees.

1. Personal Data 1.1. Definition of Personal Data Personal data refers to any information relating to an identified or identifiable natural person ("data subject"), such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. 1.2. Processing of Personal Data The processing of personal data includes any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. 1.3. Data Protection Rights Data subjects have the right to access their personal data, the right to rectification, the right to erasure, the right to restrict processing, the right to data portability, and the right to object to processing. Data subjects also have the right to lodge a complaint with a supervisory authority. 1.4. Responsibilities of Data Controllers Data controllers are responsible for ensuring that the processing of personal data is carried out in compliance with the applicable data protection laws and regulations. They must implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk. 1.5. International Data Transfers Personal data may only be transferred to a third country or an international organization if it ensures an adequate level of data protection. Transfers may be based on an adequacy decision by the relevant authority, appropriate safeguards, or derogations for specific situations.

1. For the employees of the court, flexible working hours apply in accordance with the flexitime regulations of the Court of Appeal.

2. The president, together with the president of the court for custodial detentions, has the authority to exempt certain categories of employees from the flexitime model or to decide on an annual working time model for them. Exceptions must be reported to the Court of Appeal.

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