Subject Matter

1. This Rules of Procedure specifies the organization and the judicial administration of the Regional Court of Engiadina Bassa/Val Müstair.

1. The Regional Court of Lower Engadin/Val Müstair consists of a civil chamber and a criminal chamber.

2. Each chamber includes at least one chairperson, one deputy, and three additional judges.

1. The panel of a chamber generally consists of the respective chairperson or a deputy, as well as two additional judges.

2. The chairperson acts as a single judge where the jurisdiction of a single judge exists. For a specific area of law or type of procedure, the full court may designate another member of the chamber as a single judge.

3. In cases where there are multiple chairpersons, allocation is conducted according to a specific scale predetermined by the full court, which depends on the order of business entries, legal areas, or other substantive criteria.

4. If the composition of the panel is not already determined by paragraphs 1 and 3, the following criteria should be particularly considered in appointing the additional members of the panel

a) Expertise in a specific area;

b) Balanced workload of judges;

c) Participation of members of both genders, depending on the nature of the matter;

d) Involvement in previous decisions in the same legal area;

e) Connectivity of the cases;

f) Absences, especially due to illness or vacation.

5. The chairperson is responsible for the composition of the panel as per paragraph 4.

1. The members of the adjudicatory body must agree with the content of the decisions (dispositive) by majority and, in the case of circular decisions, unanimously.

2. The reasoning of the decision shall be communicated to all members of the adjudicatory body. The chairperson is responsible for ensuring that the majority of the associate judges confirm their agreement with the reasoning before it is communicated.

1. In justified cases and with the consent of all members of the panel, individual or all members of the panel may participate in the deliberation via audio and video transmission (videoconference).

2. The following conditions must be met during the implementation

a) the transmission of audio and video between all persons participating in the deliberation must occur simultaneously;

b) the chairperson identifies all participants at the beginning based on the audio and video transmission and confirms their presence;

c) a functioning transmission of audio and video must be ensured during the virtual deliberation. In the event of significant technical disruptions, the deliberation must be interrupted. If these disruptions can be rectified, the deliberation is to be continued; otherwise, it must be discontinued;

d) no recording is to be made. The minutes are to be recorded in accordance with the provisions for physical deliberations;

e) data protection and data security must be ensured.

3. With the consent of all members of the panel, video transmission may be dispensed with.

4. If the decision is made during the deliberation, the members of the panel who participated virtually confirm the decision electronically.

5. In all other respects, the technical requirements and the requirements for data protection and data security are governed by Article 141b of the Code of Civil Procedure and the federal ordinance on the use of electronic means for audio and video transmission in civil proceedings.

1. The full court is composed of all full-time and part-time judges, excluding the extraordinary judges.

1. The full court is chaired by the President. It exercises all the powers assigned to it by the Court Organization Act.

1. The full court assembles at the beginning of the term, following supplementary elections, upon the election of additional extraordinary judges, and whenever the business requires it.

2. An extraordinary session can be convened by the President or if at least three judges request a matter to be placed on the agenda.

3. Resolutions of the full court are valid if at least two-thirds of the members of the full court participate in the session or in the circular procedure.

4. Each member of the full court has one vote and is obliged to vote, except in elections.

5. Resolutions for which the full court is responsible are passed by an absolute majority of the votes of the judges present at the session or participating in the circular procedure. In the event of a tie, the President shall have the casting vote.

6. In elections, the first ballot is decided by the absolute majority. This is the next higher whole number derived from dividing the total number of all valid votes cast for candidates by twice the number of available seats. Abstentions as well as blank and invalid votes are not counted. If more individuals achieve the absolute majority than there are seats to be filled, those with the highest number of votes are considered elected. If no one achieves the absolute majority, or if fewer individuals are elected than there are seats to be filled, a second ballot takes place, in which those with the highest number of votes are elected (relative majority). Otherwise, the law on political rights in the Canton of Graubünden applies accordingly.

7. The minutes of the meetings of the full court may be prepared by a recording clerk. They are submitted to the full court for approval.

1. The Administrative Commission exercises those powers assigned to it by law or this ordinance.

2. It is responsible, among other things, for

a) Decisions regarding the election of deputy judges of the Regional Court;

b) Applications for the appointment of extraordinary judges for the Regional Court;

c) Applications to the Higher Court to initiate impeachment proceedings against a member of the Regional Court;

d) Employment and determination of the initial salary of permanent staff of the Regional Court.

1. The Administrative Commission convenes as needed. Each member of the Administrative Commission may request the convening of a meeting or the placement of an item on the agenda.

2. The notice of meeting and the agenda, along with the relevant documents, are delivered to the members of the Administrative Commission.

3. Each member has one vote and, except in elections, is obliged to cast a vote.

4. Resolutions are passed by an absolute majority of the votes of the judges present at the meeting or participating in the circulation procedure. In the event of a tie, the President decides. For elections, Article 8 paragraph 6 applies.

5. Resolutions of the Administrative Commission are valid if at least two members participate in the meeting or in the circulation procedure.

**1. The President administers the Regional Court and oversees its business activities. They assume all judicial administrative tasks that are not assigned to any other body.**

**2. In addition to the tasks defined in Article 74, Paragraph 2 of the Court Organization Act, they are particularly responsible for:**

a) ensuring credit control and being accountable for the economical and efficient use of credit, as well as for an appropriate control system;

b) submitting any necessary opinions to the Regional Court Conference;

c) supervising and approving the secondary employment of clerks;

d) supervising the staff of the court registry;

e) appointing internship positions and hiring staff on a temporary basis;

f) annually determining the salary, as well as the performance-related and spontaneous bonuses of the staff;

g) overseeing the Mediation Office and the Arbitration Authority for Rental Matters along with their members.

**3. The Vice President supports the President in fulfilling their duties.**

**4. If the President is unable to perform their duties, they shall be represented by the Vice President. The Vice President assumes the presidential responsibilities.**

**5. The President is relieved from judicial duties to the extent necessary to manage their presidential activities.**

**6. The President is authorized to involve other judges in specific activities that fall under their competence.**