Ordinance on Judicial Supervision (JAV) - Object (JAV)

1. This regulation governs the execution of organizational and service supervision, including the supreme supervision by the Supreme Court, to the extent assigned to it by the Court Organization Act or other laws, and specifies the activities of the Supreme Court as the highest internal judicial management and leadership body.

2. Furthermore, the regulation governs additional matters of judicial administration, particularly

a) the details and procedures concerning the approval of secondary employment of members of the judicial authorities;

b) the organization of the extended administrative commission;

c) the decision-making of the regional courts regarding matters of judicial administration, which they are to manage jointly;

d) the tasks and organization of the staff unit for the regional courts.

1. The Regulation on the Organization and Administration of the Supreme Court determines which body of the Supreme Court is responsible for the individual tasks of organizational and administrative supervision.

2. The preliminary work and investigations necessary for the exercise of supervision can be assigned to the Secretary General or a member of the Administrative Commission.

1. The provisions of the Regulation on Financial and Accounting Matters in the Justice Sector shall additionally apply to financial supervision.

1. The Regional Courts, the Cantonal Compulsory Measures Court, the Conciliation Authority for Equal Treatment Matters, the Notarial Commission, the Supervisory Commission over Attorneys-at-Law, the Conciliation Authority for Social Insurance Matters, and the Expropriation Commission are subject to the administrative supervision of the Superior Court.

2. The Mediation Offices and the Conciliation Authorities for Tenancy Matters are subject to the superior supervision of the Superior Court.

1. Organ Supervision serves to ensure the proper functioning of the supervised authorities. It pertains to all areas of judicial administration, including leadership, organization, provision of necessary resources, administration of procedures, case management, personnel and financial matters, security, and data protection.

2. Jurisdiction is not subject to supervision.

1. The oversight of bodies is exercised in particular with the following instruments

a) Issuance of directives;

b) Examination of annual reports;

c) Periodic discussions with the supervised authorities;

d) Handling of oversight complaints and other supervisory submissions;

e) Administrative investigations.

1. The Higher Court issues the necessary general directives for the proper administration of judicial management. It may also issue such directives to mediation offices and conciliation authorities under the supervision of the Regional Courts.

2. These directives may particularly concern the following areas

a) Record keeping and file management;

b) Case registration and management of the specialized application;

c) Statistics;

d) Reporting;

e) Human resources;

f) Information technology;

g) Data protection;

h) Risk management.

3. Directives may also be issued to the Regional Courts to ensure uniform implementation of their supervision over mediation offices and conciliation authorities for tenancy matters.

4. Before the issuance of directives, the affected authorities shall be consulted; the consultation of the directives in the extended administrative commission remains reserved.

1. The annual reports provide information about the staffing of the authorities as well as the nature and extent of incoming and completed cases, the duration of the proceedings, and the involvement of part-time members. They also include details relevant to the oversight of judicial administration, particularly in the areas of human resources and risk management.

2. The annual reports of the regional courts additionally provide information on the activities of the conciliation authorities under their supervision and their own supervisory activities.

3. The management bodies of the directly supervised authorities continuously inform the higher court of supervisory matters of particular significance.

1. The Superior Court periodically conducts discussions with directly supervised authorities regarding the conduct of business and matters of mutual interest in judicial administration; during these discussions, the conduct of business is monitored.

1. The Higher Court addresses supervisory complaints and other supervisory-related reports directed against authorities under its direct supervision.

2. A supervisory complaint against a regional court can challenge that it has violated its official duties as the supervisory authority over the mediation office and the conciliation authority for tenancy matters.

3. The decision of the Higher Court is final.

1. If a supervisory-related matter requires further clarification of the facts, the Superior Court may order an administrative investigation.

2. The affected authority and, if applicable, the affected persons will be given the opportunity to comment after the investigation report is available.

1. The High Court reports in its annual report on its supervisory activities.

1. Matters of Administrative Supervision Law are as follows

a) Orders concerning the employment relationship;

b) Orders ensuring the proper fulfillment of official duties by the members of the supervised authorities, including the imposition of disciplinary measures.

1. The Higher Court decides on employment-related matters concerning its own members, as well as the members of the Equal Opportunities Conciliation Authority, the Notarial Commission, the Supervisory Commission of Lawyers, the Social Insurance Conciliation Authority, and the Expropriation Commission.

2. If there are indications that a member of the aforementioned authorities has left office by operation of law, the Higher Court shall provide the member in question with an opportunity to make a statement. If the indications are substantiated and no agreement can be reached, the Higher Court shall apply to the Grand Council to initiate an appropriate declaratory procedure, provided that one of its own members is affected. In other cases, the Higher Court shall make the decision itself.

3. Employment-related matters concerning members of the Regional Courts and the conciliation authorities supervised by them are decided exclusively by the Regional Courts. The competence of the Grand Council remains reserved if the departure of a member of a Regional Court by operation of law is disputed; in such cases, the procedure provided for members of the Higher Court shall be applied accordingly.

**1. The Superior Court**

The Superior Court ensures the proper conduct of its own members, as well as the members of the Equality Conciliation Authority, the Notarial Commission, the Supervisory Commission for Lawyers, the Conciliation Authority for Social Security matters, and the Expropriation Commission.

**2.**

It addresses supervisory complaints asserting a breach of official duties by a member of the aforementioned authorities. Additionally, it handles supervisory complaints against the conduct of a member of a Regional Court when the alleged breach of duty was unsuccessfully raised before the respective Regional Court.

**3.**

If a supervisory complaint or findings within the scope of supervisory activities provide indications that a member of the mentioned authorities has culpably breached their official duties, the Superior Court decides on the initiation of disciplinary proceedings after hearing the affected member and authority. If the dismissal of a member of the Superior Court or a Regional Court is considered, it submits an application to that effect to the Grand Council. In other cases, the Superior Court itself decides on the disciplinary measures to be taken.

**1. If a full-time member of a judicial authority wishes to engage in secondary employment that, due to the nature or scope of the activity, may present a potential conflict with judicial office or exceeds a full workload in terms of time, they must obtain approval from the supervisory authority.**

**2. In cases of conflict, the supervisory authority may refuse approval for any secondary employment beyond those mentioned in Article 28, Paragraphs 2 and 3 of the Court Organization Act.**

**3. Provided there is no conflict as defined in Article 28, Paragraph 1 of the Court Organization Act, the exercise of unpaid activities may be approved. The same applies to publication or teaching activities that slightly exceed a full workload. Members working in part-time positions may be permitted to undertake ancillary judicial duties at the Federal Court.**

**4. If it is clear from the outset that the exercise of office, independence, and reputation of the judicial authority will not be impaired, the following secondary employments do not require approval:**

a) Activities in associations, foundations, and other organizations without a profit-making purpose;

b) The exercise of other offices or gainful activities that, together with the judicial duties, amount to less than a full workload.

**5. The duty to provide information according to Article 32, Paragraph 1 of the Court Organization Act remains reserved.**

1. Auxiliary members of a judicial authority must obtain a permit to engage in any other paid or unpaid activity if the nature of the other activity presents the potential for incompatibility with their judicial office.

2. Article 16 paragraph 2 shall apply mutatis mutandis.

1. The application for approval to engage in secondary employment must be submitted to the authority responsible for supervising the relevant member. If a person belongs to several judicial authorities simultaneously, the authority where the individual works the majority of their time is responsible; if the time commitment is equal, or if the member serves part-time, the authority to which the member has belonged the longest is responsible.

2. Serving members of judicial authorities must request approval before beginning secondary employment. Newly elected members must have the appropriate approval upon assuming office.

3. The application for approval must include necessary information regarding the nature and scope of the secondary employment; full-time members must also specify the expected time commitment associated with the secondary employment.

4. The competent authority reviews the application, particularly with regard to the following aspects

a) Existence of any constitutional or legal prohibition against the secondary employment;

b) Possible impairment of the performance of official duties, independence, and reputation of the judicial authority;

c) Conflicts of interest;

d) Compatibility with official position;

e) Extent of work demand for full-time members.

5. If the conditions are met, the secondary employment must be approved and, if necessary, recorded in the register of interest ties. The approval can be subject to stipulations, conditions, and time limits.

6. If circumstances change subsequently, this must be reported to the competent authority immediately. The authority may revoke the approval after reviewing the situation.

1. The expanded Administrative Commission ensures regular information flow and coordination of interests between the Supreme Court and the judicial authorities under its supervision.

2. The five members of the Regional Courts also represent the interests of the conciliation authorities under the supervision of the Regional Courts.

3. The expanded Administrative Commission develops and discusses foundations for a uniform administration of the judicial authorities and the exercise of judicial supervision by the Supreme Court.

4. Furthermore, it assumes the tasks assigned to it within the framework of project organization in the digitization project Justitia 4.0.

5. In specification and supplementation of Article 116 paragraph 2 of the Court Organization Act, the following matters of judicial supervision, in particular, shall be submitted to the expanded Administrative Commission for consultation before a resolution by the Supreme Court

a) all regulations to be issued by the Supreme Court that affect the Coercive Measures Court, the Regional Courts, and the conciliation authorities supervised by them;

b) the job classifications of the full-time members and employees of the judicial authorities;

c) general directives addressed to the Coercive Measures Court, the Regional Courts, or the conciliation authorities they supervise, with the exception of annual directives concerning the budget and annual accounts as well as directives of a technical nature, especially in the field of information technology;

d) concepts regarding the organization of tasks within judicial administration.

6. Consultation with the expanded Administrative Commission generally replaces the collection of comments from the affected judicial authorities. These authorities remain entitled to submit an individual statement to the Supreme Court.

1. The President of the High Court convenes the meetings and presides over them.

2. Each member may request the convening of a meeting or the inclusion of matters concerning judicial oversight on the agenda from the Presidency.

3. Members are invited to the meetings in writing or electronically, with the agenda items specified. Any relevant documents are enclosed with the invitation or made available for review.

4. The Secretary-General of the High Court and the staff office for the regional courts participate in the meetings with an advisory vote. The responsibility for taking minutes lies with the Secretary-General of the High Court; it may be delegated to the staff office for the regional courts.

5. Additional persons may be involved in the meetings as needed.

6. The extended administrative committee adopts its resolutions by an absolute majority of the votes of the members participating in the meeting. A resolution by circular letter is excluded.

7. The minutes of the meetings are communicated to the members of the High Court as well as to the presidents of the regional courts. The President of the High Court decides on the communication to other supervised authorities.

1. The Regional Courts form the Presidential Conference of the Regional Courts for the purpose of passing resolutions on matters of judicial administration that they are required to handle collectively according to law or regulation.

2. Their responsibility particularly includes the following matters

a) Election of the five members of the extended Administrative Commission (Art. 117 para. 2 GOG);

b) Designation of the Regional Court to which the staff unit for the Regional Courts is administratively affiliated;

c) Adoption of the regulations on the organization of the staff unit;

d) Adoption of the job description and duties specification for the staff unit;

e) Staffing of the staff unit (hiring and dismissal);

f) Adoption of the annual activity report of the staff unit for submission to the Higher Court.

1. The Presidents' Conference consists of the presidents of the regional courts. In case of their unavailability, they are represented by the vice presidents.

2. At the beginning of each term of office, the members of the Presidents' Conference elect from among themselves a chairperson and a deputy chairperson for the duration of the term. Re-election or a replacement election for the remaining duration of a term is possible.

3. The chairperson represents the Presidents' Conference externally and conducts its meetings. They convene a meeting as soon as a matter requires assessment or if at least three members request it, but in any case, at least once a year.

4. Invitations are issued in writing or electronically, detailing the agenda items. Any relevant documents are enclosed with the invitation or made available for review.

1. Decisions of the Presidential Conference are valid if at least seven members participate in the meeting or in the circular procedure. Participation by electronic means is permitted in accordance with the Ordinance on Electronic Voting and Election in the Governing Bodies of the Courts.

2. Each member has one vote and is obliged to cast their vote.

3. The Presidential Conference makes its decisions by a majority of the votes of the members present. In elections, the majority of the votes of the members present decides; in the event of a tie, the decision is made by drawing lots.

4. A decision by the circular procedure requires unanimity; each member can request an oral consultation.

5. Otherwise, Article 3 paragraph 2 of the Court Organization Act applies mutatis mutandis to decision-making.

1. The Coordination Office for the Regional Courts assists the Regional Courts in exercising supervision over the mediation offices and arbitration authorities in tenancy matters, as well as in fulfilling their tasks in judicial administration.

2. Its primary responsibilities include the following tasks

a) Development of a concept for the uniform execution of the supervision activities of the Regional Courts and the tools necessary for the implementation of the concept (e.g., checklists, forms, templates for directives and reporting);

b) Support of periodic discussions and controls of the supervised authorities and preparation of related reports;

c) Advising the Regional Courts in handling supervision complaints or disciplinary proceedings that fall under their jurisdiction;

d) Participation in the meetings of the extended Administrative Commission of the Higher Court and supporting the five members of the Regional Courts in preparing the agenda items;

e) Participation in the Regional Court Conference, including taking minutes and assisting its President in preparing and implementing the matters discussed at the conference;

f) Assisting the President of the Regional Court Conference in fulfilling additional tasks that they undertake on behalf of all Regional Courts;

g) Advising the Regional Courts in fulfilling their administrative duties and providing the necessary information for this purpose;

h) Development of organizational manuals, standardized court administration processes, and other tools to standardize the management of the Regional Courts;

i) Supporting the Information Office of the Higher Court in designing the online presence of the Regional Courts, the mediation offices, and the arbitration authorities for tenancy matters, as well as in the publication of decisions from the Regional Courts;

j) Assisting the IT Officer of the Higher Court in organizing the IT infrastructure for the Regional Courts;

k) Organization of periodic meetings with judicial-adjacent administrative authorities, associations, and professional bodies.

3. The Coordination Office may be assigned additional tasks, particularly concerning data protection, the further education and training of members and staff of the Regional Courts, support in judicial duties, or participation in projects.

1. The staff unit is subject to the direction and supervision of the chairperson of the Presidential Conference.

2. Administratively, the staff unit is affiliated with the regional court designated by the Presidential Conference. It has a workspace in the premises assigned by the regional court and may utilize the office personnel's assistance for performing administrative tasks. The costs of the staff unit (including any project-related costs) are part of the budget and annual accounts of the respective regional court.

3. Subject to the powers of the Presidential Conference, its chairperson exercises the rights and duties arising from the public employment contract. To the extent necessary, they shall consult in advance with the president of the regional court to which the staff unit is administratively affiliated.

4. The details of the administrative affiliation and organization of the staff unit are regulated by the Presidential Conference in a set of regulations.

1. The reporting of the mediation offices and the conciliation authorities for rental matters for the year 2024 shall be conducted in accordance with the legal basis applicable before this ordinance came into force, and be submitted directly to the High Court.