Legislator Case Law & Legislation
161.12 CH-NE

1 State - People - Authorities - 16 Judicial Organization - Lawyers and Notaries - 161 Judicial Organization

14 Articles / Provisions · Switzerland · Canton of Neuchâtel
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Table of Provisions (14)

Statutory Text (14 Articles)

1 State - People - Authorities - 16 Judicial Organization - Lawyers and Notaries - 161 Judicial Organization

1. The Judicial Conference is the assembly of ordinary judges of the judiciary as per Article 80 of the Judicial Organization Act (OJN).

2. Every elected magistrate holding a judicial position is a full member of the Judicial Conference, regardless of their workload percentage.

1 State - People - Authorities - 16 Judicial Organization - Lawyers and Notaries - 161 Judicial Organization

1 Judicial Conference is presided over by the President of the Administrative Commission of Judicial Authorities (CAAJ).

2. Its meetings are prepared by the CAAJ with the support of the Secretary General, who attends with an advisory vote.

1 State - People - Authorities - 16 Judicial Organization - Lawyers and Notaries - 161 Judicial Organization

1. The Judicial Conference typically holds two meetings per year, one in the spring (a shortened session) and one in the fall (a regular session). During the latter session, it is particularly an opportunity for the CAAJ to present its program of activities for the following year.

2. The Judicial Conference also convenes at the request of at least five of its members or at the initiative of the CAAJ.

1 State - People - Authorities - 16 Judicial Organization - Lawyers and Notaries - 161 Judicial Organization

1. The dates of the meetings of the Judicial Conference referred to in Art. 3 para. 1 are announced at least three months in advance.

2. On this occasion, the members of the Judicial Conference are invited to propose items to be included on the agenda at least 20 days before the session.

3. The notice of the meeting and the agenda set by the CAAJ are sent to the members at least 15 days in advance, except in cases of emergency.

4. In the event of a dispute regarding the agenda, the Judicial Conference decides at the beginning of the session.

1 State - People - Authorities - 16 Judicial Organization - Lawyers and Notaries - 161 Judicial Organization

1. The Judicial Conference deliberates and votes validly if the majority of its members are present.

2. In case of an emergency or if a matter does not require extensive debate, it may validly reach a decision electronically.

1 State - People - Authorities - 16 Judicial Organization - Lawyers and Notaries - 161 Judicial Organization

1. Decisions are made by a majority of the votes cast.

2. Each member has one vote. In the event of a tie, the vote of the Chairperson of the Judicial Conference is decisive.

3. Voting and elections are conducted by a show of hands, unless the majority of members present wish to proceed with a secret ballot.

4. Proxy voting is not allowed.

5. In the event of a conflict of interest, the member concerned by a decision may comment on the potential conflict but does not participate in the deliberations or the vote.

1 State - People - Authorities - 16 Judicial Organization - Lawyers and Notaries - 161 Judicial Organization

1. The Judicial Conference deliberates on any matter concerning all judicial authorities.

2. In the cases mentioned in Article 8, the outcome of the Judicial Conference's deliberations or the recommendations it might issue are binding on the CAAJ. In other instances, they only hold indicative value.

1 State - People - Authorities - 16 Judicial Organization - Lawyers and Notaries - 161 Judicial Organization

The Judicial Conference must be mandatorily consulted, and the results of its deliberations or its recommendations are binding for the CAAJ, on

a) proposals for legislative amendments affecting the organization or functioning of the judiciary (e.g., OJN, LMSA);

b) issues concerning all judicial authorities that need to be formalized in an act, such as a regulation or directive.

1 State - People - Authorities - 16 Judicial Organization - Lawyers and Notaries - 161 Judicial Organization

1 Any member of the Judicial Conference may, pursuant to Article 4, paragraph 2, submit a written proposal to the CAAJ requesting that it study a matter of interest to all judicial authorities and present a report on the subject to the Judicial Conference.

2. This proposal is placed on the agenda and subjected to a vote by the Judicial Conference.

3. If the proposal is accepted, the CAAJ must follow up on it within one year.

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1. The Judicial Conference appoints its representatives, including their deputies, to the Judicial Council.

2. These representatives are appointed at the last regular meeting of the Judicial Conference preceding the beginning of the legislative term or, in the event of mobility resulting in a transfer between judicial bodies or other vacancy, at the Judicial Conference immediately before or after the change.

1 État - Peuple - Autorités - 16 Organisation judiciaire - Avocats et notaires - 161 Organisation judiciaire

1 La représentation judiciaire au Conseil de la magistrature est issue des trois entités judiciaires suivantes : Ministère public (un membre), Tribunal d’instance (deux membres), Tribunal cantonal (un membre). La règle est la même pour les suppléant-e-s.

2. Chacune de ces trois entités présente son ou ses candidat-e-s à l’élection, au plus tard à l’ouverture de la Conférence judiciaire.

3. Si le nombre de candidat-e-s est égal à celui des représentant-e-s attribué-e-s à une entité, l’élection est tacite.

4. S’il y a plus de candidat-e-s que de sièges attribués à une entité, l’élection à ce ou ces sièges a lieu à bulletin secret à la majorité simple des suffrages exprimés.

5. En cas d’égalité, le sort décide.

1 State - People - Authorities - 16 Judicial Organization - Lawyers and Notaries - 161 Judicial Organization

The Judicial Conference may establish ad hoc or permanent working committees based on needs, according to parameters (duration, composition, objectives) that it determines.

1 State - People - Authorities - 16 Judicial Organization - Lawyers and Notaries - 161 Judicial Organization

1. Judicial Conference assemblies are not open to the public.

2. They are documented in minutes, which are provided to all members but are not accessible to the public.

1 State - People - Authorities - 16 Judicial Organization - Lawyers and Notaries - 161 Judicial Organization

1. This regulation repeals the regulation of November 11, 2010 [1].

2. It comes into force on October 1, 2018.

3. It will be published in the Official Gazette and in the Systematic Collection of Neuchâtel Legislation.

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