1 State - People - Authorities - 15 Authorities - 151 Grand Council - CHAPTER ONE General Provisions (LHS)

[3] 1 This law aims to regulate the exercise of the Grand Council's competencies in judicial matters.

2. It covers

a) the exercise of high supervision over the management of judicial authorities;

b) the preparation of judicial elections;

c) the resolution of jurisdictional conflicts that arise between cantonal authorities;

d) the verification, based on case law, of the good quality of cantonal legislation and its compliance with superior law.

3. This law is not applicable to amnesty and pardon procedures.

1 The Judicial Committee of the Grand Council (hereinafter: the Committee) is the competent body in this matter.

2. The competencies of other committees of the Grand Council remain reserved.

The commission may be entrusted by the Grand Council with examining reports or proposals concerning the functioning of the judicial authorities.

1. The commission prepares an annual report on all of its activities for the Grand Council.

2. It may also send other reports to the Grand Council at any time when it deems it useful.

[5] 1 The commission exercises high oversight over the management of judicial authorities based on the report that the Judicial Council submits to it annually for the attention of the Grand Council.

2. It discusses this report with the Judicial Council and may request any necessary additional information.

[6]

Art. 7 [7]

[8] 1 The commission may obtain from the Council of State, judicial authorities, administration, and judicial personnel all the information and documentation necessary for the exercise of its mandate.

2. The commission may only access files of ongoing judicial cases if it proves to be indispensable, particularly from the perspective of proportionality, for the fulfillment of its missions.

Art. 9 [9]

[10] The commission regularly organizes exchanges of views on current issues concerning judicial authorities with the Judicial Council and the Administrative Commission of Judicial Authorities, or with a delegation from these entities.

[11] 1 The commission is seized of all complaints against judicial authorities that are submitted to the Grand Council or received by the commission itself.

2. It examines these complaints within the limits of the separation of powers, subject to the provisions of the Administrative Procedure Act (APA) of March 18, 2025 [12], the Swiss Civil and Criminal Procedure Codes, and other laws concerning complaints against judicial authorities.

3. It proposes measures to the Grand Council to remedy the deficiencies it identifies.

[13] Members of the judiciary and judicial staff who directly address the judicial commission cannot be prosecuted for breach of official secrecy if it was impossible for them to act effectively through ordinary means.

The members of the commission and its administrative staff are bound by official secrecy.

[14] 1 The commission prepares the judicial elections provided for in Articles 321 to 326 of the Law on the Organization of the Grand Council (OGC), dated October 30, 2012.

2. In this context, it transmits the application files to the members of the Council of State and the Grand Council for information, unless the candidate opposes it.

3. Repealed.

The commission may take any initiatives it deems useful to enable it to form an opinion regarding the qualities of the candidates.

1 The commission announces the vacant positions in the Official Gazette, on the Internet, and in the Neuchâtel daily newspapers.

2. The commission may also announce the vacancies through other means.

Each candidate must disclose, subject to professional secrecy, their conflicts of interest, in accordance with the analogous application of Article 5c OGC [15].

[16] 1 In the event of an election, the candidacies are submitted for consultation to

b) the cantonal professional associations of lawyers.

2. The application files are submitted to the consulted bodies unless the candidate objects.

3. A lack of response to the consultation is considered as acceptance of the candidacies.

[17] 1 The commission summons the candidates for presentation interviews.

2. It invites one or more members of the judiciary from the judicial order to participate.

1. At least ten months before the end of the term of office of the judicial authorities, the commission asks the incumbents if they intend to stand for reelection.

2. If the incumbent does not stand for reelection, their position is advertised as open for competition.

[18] The Judicial Council submits a report to the commission for the purpose of re-elections.

[19] 1 If the re-election of an incumbent who is running again is contested or appears controversial or doubtful in light of the commission's findings or complaints submitted to it, the commission shall immediately inform the concerned individual and hear them.

2. It shall also hear the Judicial Council.

3. For the remainder, Article 15 applies.

[20]

[21]

The commission orally informs the Grand Council of the results of the preparations for the election or reelection.

[22]

1. The Commission

a) ensures the maintenance of harmonious relations between the powers;

b) adjudicates jurisdictional conflicts that arise between authorities and cannot be resolved by ordinary judicial means;

c) seeks conciliation to resolve these jurisdictional conflicts.

2. To this end, it may, on its own initiative or upon request from one of the powers, take all necessary initiatives to promote a constructive dialogue between the powers.

3. In the event of dysfunction, it reports to the Grand Council, proposing measures capable of restoring normal functioning of the institutions.

[23] 1 The commission is seized by a reasoned petition regarding conflicts of jurisdiction between authorities by the Grand Council, the Council of State, or the administrative commission of judicial authorities.

2. It may also self-seize conflicts of jurisdiction between authorities that come to its knowledge.

1. As soon as it is seized, the commission informs the authorities in conflict.

2. It provides them with the documents in its possession for a written statement.

3. It transmits the statements to the authorities in conflict.

The commission makes every effort to resolve the conflict through conciliation.

1. In the event of a failure of the conciliation, the commission drafts a report for the attention of the Grand Council.

2. It proposes to the Grand Council the means to remedy the existing conflict.

3. The Grand Council makes a final decision.

[24] 1 The commission verifies, based on case law, the sound construction of cantonal legislation and its compliance with superior law.

2. It organizes exchanges of views with the administrative commission of judicial authorities concerning the practice of judicial authorities in the application of legal provisions enacted by the Grand Council.

3. It is not within the commission's purview to verify the application of the law by judicial authorities nor to provide them with instructions or directives in this area.

The powers of the Council of State concerning the application of cantonal and federal law are reserved.

The Act on the Organization of the Grand Council (OGC), of March 22, 1993 [25], is amended as follows

The Neuchâtel Judicial Organization Law (OJN), of June 27, 1979 [30], is amended as follows

This law is subject to an optional referendum.

1 The Council of State sets the date of entry into force of this law.

2. It provides, where necessary, for its promulgation and execution.

Law promulgated by the Council of State on March 24, 2004.

The entry into force is immediate.