Compensation Regulations of the Courts of Basel-Stadt - Compensation Rates

1. Judges are entitled to the following compensations

| | Employed | Self-employed |

| --- | --- | --- |

| 1. Court of Appeal: | | |

| 1.1 Attendance fee per half-day session | CHF 330 | CHF 420 |

| 1.2 Fee for document review per half-day session | CHF 330 | CHF 420 |

| 2. Social Insurance Court: | | |

| 2.1 Attendance fee per half-day session | CHF 210 | CHF 260 |

| 2.2 Fee for document review per half-day session | CHF 210 | CHF 260 |

| 3. Court for Protective Custody: | | |

| 3.1 Attendance fee per half-day session | CHF 210 | CHF 260 |

| 3.2 Fee for document review per half-day session | CHF 210 | CHF 260 |

| 4. Civil Court: | | |

| 4.1 Attendance fee per half-day session | CHF 210 | CHF 260 |

| 4.2 Fee for document review per half-day session | CHF 210 | CHF 260 |

| 5. Labor Court: | | |

| 5.1 Attendance fee per half-day session | CHF 210 | CHF 260 |

| 5.2 Fee for document review per half-day session | CHF 210 | CHF 260 |

| 6. Criminal Court: | | |

| 6.1 Attendance fee per half-day session | CHF 210 | CHF 260 |

| 6.3 Fee per half-day session for presiding function | CHF 310 | CHF 390 |

| 6.4 Fee for half-day document review for presiding function | CHF 310 | CHF 390 |

| Juvenile Court: | | |

| 7.1 Attendance fee for half-day sessions | CHF 210 | CHF 260 |

| 7.2 Fee for half-day document review | CHF 210 | CHF 260 |

2. If a session is definitively canceled, the document review is compensated.

3. In the Criminal Court as well as in the Juvenile Court, the procedural management determines the required time expenditure for document review for a session. The time to be compensated for document review should generally not exceed the duration of the hearing.

4. A judge is considered self-employed under this regulation, irrespective of the tax and social insurance legal qualification of the judicial remuneration, if

a) they are registered with the compensation office as self-employed and have their own business infrastructure, and

b) they derive the majority of their taxable income from self-employment.

1. The compensation for participation in circulation decisions amounts to two-thirds of the compensation for document review in a half-day session.

1. For exceptionally extensive or complex preparations, the presiding member of the respective panel may determine an additional compensation. The assessment is based on the effort, which is to be compensated in relation to the standard compensation rates.

1. If judges assume the role of the president in a proceeding according to § 39 GOG, they are entitled to compensation of CHF 150 per hour of reasonable effort, regardless of their usual status as employees or self-employed individuals.

2. If a deputy of the president of the court for protective custody (§ 84 para. 3 GOG) or of the juvenile court (§ 76 para. 3 GOG) assumes presidential functions in a proceeding, the compensation for reasonable effort per hour is

a) CHF 150 for employees

b) CHF 180 for self-employed individuals

3. The reasonable effort is determined based on the accounting of the judge, taking into account the scope and difficulty of the case, by the presiding president of the respective court.

4. If judges take on lecturing activities beyond their regular duties, they are compensated according to the same rates, although the entitlement to compensation for studying the files as per § 1 of these regulations is waived.

1. The individual judges elected by the Court of Appeal for coercive measures in immigration law receive a salary at the beginning of their appointment, corresponding to Level 12 of Salary Grade 25, as part of their judicial duties determined by the Presidium Conference of the Court of Appeal.

2. If they perform their judicial duties within the scope of their engagement as a court clerk, they receive, in addition to their salary based on the role of court clerk, a flat monthly compensation for the fulfillment of this presidential task. The amount of this compensation is set by the Court of Appeal according to the respective workload associated with the individual judicial duties. The compensation for the judicial activity should, in total, correspond to the compensation of the equivalent activity in Salary Grade 25.

3. If they perform their duties as an individual judge for coercive measures in immigration law within the scope of their engagement as a presiding judge, no additional compensation is granted.

1. Arbitrators are entitled to the following compensations

Employees

1. Attendance fee per half-day session: CHF 420

2. Remuneration for document review per half-day session: CHF 420

Self-employed

1. Attendance fee per half-day session: CHF 520

2. Remuneration for document review per half-day session: CHF 520

1. Witnesses and informants are reimbursed for the necessary expenses incurred for attending court.

2. Travel expenses are generally standardized based on the costs of traveling by public transportation (2nd class).

3. Any potential loss of earnings is determined based on credible statements provided by the witness regarding its amount.

4. If no compensation for loss of earnings is provided, witnesses may be granted an attendance allowance of CHF 30.

1. Experts appointed by a court are compensated based on the necessary amount of time spent.

2. The determination of compensation is guided by the required expertise and the complexity of the service, typically following industry-standard rates or agreement for freelance experts.

3. Compensation is generally determined based on the invoice submitted by the expert.

1. The compensation for specialist medical reports in proceedings of the FU Court amounts to a flat rate of CHF 800.

2. In cases of exceptionally extensive or complex evaluations, the President of the FU Court may, on a case-by-case basis, appropriately increase the compensation.

1. The Compensation of Interpreters is Governed by the Regulations on Court Interpreting of November 1, 2016.

1. The presidium conferences of the individual courts may, in justified cases, approve contributions for the further education of judges.

1. Judges who are in office at the time of the enactment of the regulations and are considered self-employed under the previously practiced regulations shall be compensated according to the rates for self-employed individuals until the end of the current term of office (December 31, 2021), even if they are deemed employed according to § 1 paragraph 4 of the regulations.