Act on the Social Security Court of the Canton of Basel-Stadt and on the Arbitration Court in Social Security Matters (Sozialversicherungsgerichtsgesetz, SVGG) - Jurisdiction (SVGG)

1. The Social Insurance Court decides as the sole cantonal instance all social insurance law disputes arising from federal or cantonal law.

2. The Social Insurance Court also adjudicates complaints of denial of justice and delay in justice pursuant to Art. 56 para. 2 ATSG.

3. The Arbitration Court in Social Insurance Matters is affiliated with the Social Insurance Court.

1. The proceedings before the Social Security Court shall follow the provisions of the Federal Act on the General Part of the Social Insurance Law (ATSG) and this Act. Additionally, the provisions of the Federal Act on Administrative Procedure and the Court Organization Act shall apply.

2. The following provisions of the Swiss Code of Civil Procedure (Code of Civil Procedure, CCP) shall also apply

a) The provisions of Chapter 3 regarding recusal (Art. 47 et seq. CCP) under analogous application of the Act concerning the organization of the courts and the prosecutor's office (Court Organization Act, COA) of June 3, 2015; Art. 50 para. 2 CCP is not applicable,

b) Art. 98 CCP regarding advance payment of costs,

c) * ...

d) * Art. 133-141 CCP regarding court summons and judicial service,

e) * Art. 176 para. 2 and Art. 235 para. 2 CCP regarding audio and video recordings.

1. The statutory and judicial deadlines determined by days or months are suspended

a) from the seventh day before Easter up to and including the seventh day after Easter,

b) from July 15 up to and including August 15,

c) from December 18 up to and including January 2.

1. The parties may be represented. The representative must provide proof of authority through a written power of attorney.

1. A party shall be assigned free legal representation upon request if it lacks the necessary financial means and if the legal proceedings do not appear to be without prospect of success.

1. The proceedings are initiated by the filing of a signed complaint or statement of claim with the Social Insurance Court.

2. This must contain a brief presentation of the facts, a clear legal claim, and its justification. The evidence should be specified and submitted as far as possible. In appeals proceedings, the contested decision of the lower authority must be attached.

2bis. In the case of electronic submission of applications, the procedure is governed by Article 21a of the Federal Act on Administrative Procedure (Administrative Procedure Act, APA) of December 20, 1968. The court may require that submissions be filed in paper form.

3. If the submission does not meet these requirements, the Social Insurance Court sets a reasonable deadline for improvement with the warning that otherwise the complaint or claim will not be admitted.

4. A deadline is also considered met if a submission is timely filed with an incompetent cantonal court or administrative authority. This authority is obliged to forward the submission to the Social Insurance Court.

1. The examining judge shall, upon request or on their own initiative, take the necessary precautionary measures.

1. The lower court or the opposing party shall submit their complete records with their response to the appeal or complaint. The decision to order a second exchange of written submissions is made by the instructing judge.

1. The parties are entitled to inspect the files (Art. 47 ATSG).

1. The Social Insurance Court establishes the facts relevant to the decision ex officio with the participation of the parties; it collects the necessary evidence and is free in the evaluation of the evidence.

1. The hearings of the Social Security Court are public.

2. The Social Security Court may exclude the public from the hearings for important reasons either on its own initiative or upon request by a party.

3. Where justified by circumstances and if the parties agree, the Social Security Court may waive a hearing.

4. The deliberation takes place in exclusion of the parties and the public.

5. The Social Security Court may decide by circulation if unanimity is achieved.

1. The Social Security Court is not bound by the requests of the parties. It may modify the decision of the lower court to the detriment of the party filing the complaint or grant more than what has been requested; however, the parties must first be given the opportunity to comment and to withdraw the complaint.

1. The Social Security Court may either make a new decision on the matter itself or remand the case to the lower instance for a new decision.

1. The decision specifies the composition of the Social Insurance Court and contains a summary of the relevant facts, a reasoning, the ruling, and an instruction on legal remedies. It is communicated in writing to the parties and the authorities entitled to appeal.

2. At the request of a party, the ruling may be delivered before the written communication of the decision.

1. Article 41 of the ATSG applies to the reinstatement into the previous status.

2. The request for reinstatement is decided conclusively by the instructing judge.

1. The proceedings are generally free of charge, subject to any contrary federal law. However, in cases of frivolous or vexatious litigation, a party may be charged a decision fee and the costs of the proceedings.

1. The parties are entitled to reimbursement of legal costs determined by the Social Security Court, in proportion to their success in the litigation. This reimbursement is assessed irrespective of the value of the dispute, and is based on the significance of the case, the complexity of the proceedings, and the required effort.

2. This entitlement is generally not available to the insurance carrier and the public community. However, they may be awarded party compensation if the opposing party conducts the proceedings recklessly or maliciously.

1. The revision of a judgment of the Social Insurance Court is permissible

a) upon the discovery of new significant facts or evidence;

b) in case of influence on the decision through a crime or offense.

2. The application for revision must be submitted to the Social Insurance Court within 90 days from the discovery of the reason for revision.

3. An application for revision is not permissible in the case of para. 1 lit. a after the expiration of 10 years following the finality of the judgment.

4. In the application for revision, the facts justifying the revision must be precisely set out; it must be demonstrated that the time limit according to para. 2 has been observed. Evidence must be attached or, if this is not possible, precisely identified.

1. Disputes arising from supplemental insurance to social health insurance under the Health Insurance Act (KVG) are decided by the Social Insurance Court as the sole cantonal instance.

**1. Disputes Pursuant to Art. 89 KVG, Art. 57 UVG, and Art. 26 para. 4 IVG Between Insurers and Service Providers Shall Be Decided by an Arbitration Court Comprising Three Members.**

2. The arbitration court also has jurisdiction when the insured person owes the remuneration (system of "tiers garant"). In this case, the insurer represents the insured person at its own expense.

3. The chairperson is a President of the Social Insurance Court.

4. Each party appoints a representative. If no appointment is made within the deadline set by the chairperson, a single judge in social insurance matters pursuant to § 56h para. 2 GOG makes the appointment.

5. The chairperson designates the secretary. The office of the Social Insurance Court handles administrative affairs.

1. An arbitration procedure for resolving a dispute must be preceded by a mediation process conducted by the chairperson, unless a contractually appointed conciliation body has already attempted mediation.

1. The statement of claim must be submitted in writing to the social security court; the parties, the claim, and the grounds for the claim must be specified therein. If the value in dispute is indeterminate or exceeds CHF 8,000, the proceedings shall be conducted in writing.

2. Furthermore, the provisions of §§ 3-15 and 18 of this law shall apply to the proceedings. The President shall ensure a simple and expeditious process.

1. For legal costs and compensation, the provisions of the Civil Procedure Code shall apply.

1. Until the entry into force of the Federal Act on the General Part of Social Insurance Law of 6 October 2000, the following provisions of the law have the following deviating wording

Section 1(2)

²The Social Insurance Court also adjudicates on complaints of denial of justice and delay of justice in accordance with Article 86(2) of the KVG and Article 106(2) of the UVG.

Section 9

The parties have the right to inspect the records (Articles 26ff. VwVG).

Section 15(1)

If a party has missed a deadline through no fault of their own or failed to appear at a court hearing through no fault of their own, they may request reinstatement to the previous position. They must submit a substantiated request for reinstatement within 10 days after the obstacle has been removed. If reinstatement is granted, the deadline for the missed legal action resumes from the delivery of this decision.