Act on Conflicts between Administrative and Judicial Authorities

1. The Cantonal Council decides disputes between the executive and judicial authorities concerning the limits of their powers (conflicts).

2. In doing so, the procedure specified in the following paragraphs takes place.

1. The Right of Filing a Complaint Against the Exceeding of Authority Limits by an Executive or Judicial Officer or an Executive or Judicial Authority is Granted to Both the Involved Person and the Officers or the Authority.

1. If a person or an administrative body feels aggrieved because an administrative, enforcement, police, or governmental matter is being brought before the courts and treated as a legal matter, the complainants must directly address the governing council.

1. If, however, a legal matter is transferred to the domain of administrative, executive, police, or government authorities and is treated as an administrative matter, the involved parties or judicial bodies may lodge a complaint against this, which they must bring directly to the Cantonal Court.

1. Upon request of the superior authority to which such a case is submitted, the other superior authority must order that further proceedings of the administrative or judicial matter be temporarily suspended.

2. However, an objection to the jurisdiction of an administrative or judicial authority must be raised at the very beginning, and the corresponding complaint must be submitted no later than ten days after the notification of the initial order by which the administrative or judicial authority assumes the right to decide (competence). No consideration shall be given to objections submitted later.

1. If the Executive Council believes it necessary to obtain a report from the judicial body being sued, it shall approach the Cantonal Court, which will provide such a report to it.

2. If the Cantonal Court finds it necessary to have a report from the administrative body being sued, it shall approach the Executive Council, which will provide such a report to it.

1. If the Government Council or the Cantonal Court find the complaint to be unfounded, they shall immediately dismiss it, notifying the involved person or entity of the resolution.

1. If the Executive Council finds the complaint against the judicial authority to be justified, it shall refer the matter to the Cantonal Court. If the Cantonal Court agrees with the Executive Council's opinion, it shall issue the necessary directive to the concerned judicial authority.

2. Conversely, if the Cantonal Court finds the complaint against an administrative authority to be justified, it shall refer the matter to the Executive Council. If the Executive Council agrees with the opinion of the Cantonal Court, it shall issue the necessary directive to the concerned administrative authority.

1. If the Cantonal Court does not agree with the opinion of the Executive Council, or the Executive Council does not agree with the opinion of the Cantonal Court, they shall communicate this disagreement reciprocally. If this does not resolve the jurisdictional dispute, the Executive Council shall, in one case, and the Cantonal Court, in the other case, file a complaint with the Cantonal Council.

1. The Cantonal Council appoints an investigative commission of seven members by means of a secret absolute majority vote, in which members of the Executive Council, members of the Cantonal Court, or their relatives (as defined in § 17 of the State Constitution) neither participate nor are eligible for selection.

2. The commission obtains any further justification deemed necessary from the Executive Council or from the Cantonal Court and subsequently submits its proposals to the Cantonal Council.

1. Depending on the outcome of the decision, the relevant administrative or judicial authority, upon the instruction of its superior authority, must promptly withdraw the contested decision or order.

1. If jurisdictional disputes arise directly between the government council and the cantonal courts, the same procedure prescribed in the preceding §§ 1 to 10 shall be followed to resolve them.

2. The authority that is overruled by the decision of the cantonal council must promptly retract its judgment.

1. Present Act, by which the Law on Conflicts of the 7th Autumn Month 1831 is Repealed, shall be Deposited in its Original Form in the State Archive and Delivered to the Governing Council for Publication.