Ordinance on Electronic Voting and Elections in Judicial Governing Bodies (ESWV) - Subject Matter (ESWV)

1. This regulation governs the conduct of virtual meetings of the management bodies of the courts, as well as the conditions for the participation of their members in voting and elections by electronic means.

1. In this regulation, the following terms mean

a) Virtual Meeting: A meeting that is conducted not on-site, but via video or teleconference;

b) Physical Meeting: A meeting at which the participants meet on-site.

1. Virtual sessions may be held by

a) the full court of the higher court;

b) the administrative commission of the higher court;

c) the enlarged administrative commission;

d) the full courts of the regional courts;

e) the administrative commissions of the regional courts;

f) the presidential conference of the regional courts.

2. Matters subject to virtual sessions pertain to the field of judicial administration or supervision.

1. The governing bodies of the courts shall generally hold sessions in person.

2. Virtual sessions may take place if

a) an in-person session is not possible;

b) urgent decisions need to be made;

c) virtual conduct is warranted for other reasons.

3. Individual members of the governing bodies may join a physical session virtually with the consent of the chairperson.

1. The chairperson may, on their own initiative or at the request of a member, decide that a meeting is to be conducted virtually, unless the majority of the members of the governing body oppose this decision.

2. A functioning transmission must be ensured throughout the entire virtual meeting. Each member of the governing body must be at a location that allows for an undisturbed conduct or participation in a virtual meeting. Recording of the transmission is prohibited.

1. The chairperson identifies all participants at the beginning of a virtual meeting and records their attendance.

2. The quorum of the governing body is determined in accordance with the provisions of the Court Organization Act.

3. Virtual meetings are not recorded. The minutes are to be taken in accordance with the provisions that apply to physical meetings of the respective governing body.

4. In the event of significant transmission disruptions for individual participants, this must be reported to the chairperson. The meeting may continue provided that the governing body remains quorate.

5. The absence of individual participants due to transmission disruptions must be recorded in the meeting minutes.

1. The virtual meeting shall take place using a system suitable for transmission.

2. The system must enable secure and simultaneous communication between the meeting participants.

1. In a virtual meeting, members of the governing bodies can cast their votes in decisions and elections by verbal declaration or by raising their hands visibly via video transmission.

2. Before proceeding to vote or election, the chairperson must ensure that the transmission is functioning properly.

3. Secret ballots or elections are generally conducted in physical meetings. They can be conducted via electronic means in virtual meetings, provided a secure and suitable application is available for this purpose.

4. If a member requests a secret ballot or election, this must be reported to the chairperson within a reasonable timeframe after the agenda has been announced but before the meeting. If the secret ballot or election is requested only during the virtual meeting, it must be paused and continued physically unless an application as per paragraph 3 is available.

5. The decision-making and election procedures are governed by the rules of procedure of the respective governing bodies.