Judicial Organisation Act (GOG) (GOG)

1. The Supreme Court is the highest judicial authority of the canton.

2. It is also entrusted with the duties of the Administrative Court.

3. It is divided into a Supreme Court Division and an Administrative Court Division.

1. The High Court consists of several presidencies (the presidents) and sixteen members.

2. The Cantonal Council elects from the members of the court one vice-presidency (a vice-president) for each of the High Court and Administrative Court divisions.

3. It convenes in a panel of three, for the allocation of judges to the divisions, and in special cases in a panel of five. The presidents do not serve simultaneously in the same matter.

4. The High Court regulates its composition in a regulation.

5. The judges of one division may, if necessary, also serve in the other division.

1. The Cantonal Council elects one of the court presidencies as the executive High Court Presidency for a term of four years.

2. The executive High Court Presidency represents the High Court externally and manages the court's administration. It is also responsible for the court's management.

3. The court presidencies regulate the distribution of cases and other organizational matters by means of a regulation. The following principles must be observed

a. Entire areas of responsibility must be definitively assigned to the presidencies;

b. The presidencies handle their areas of responsibility separately and independently from one another;

c. Each presidency is responsible for directing procedures within its areas of responsibility.

4. They represent each other. In cases of absence, they may also be represented by the vice-presidents or by another member of the High Court.

5. The Judicial Administration Commission of the Cantonal Council approves the regulation of the court presidencies.

1. The Cantonal Court consists of several presidencies (the presidents) and eight members.

2. It convenes with a panel of three.

3. The presidents do not preside over the same case simultaneously.

1. The Canton Court Presidency acts as a single judge. In special cases, it is entitled to submit the matter to the Canton Court.

2. The High Court elects one of the court presidencies as the executive Canton Court Presidency every four years.

3. The executive Canton Court Presidency represents the Canton Court externally and manages the court administration.

4. The court presidencies regulate the allocation of cases and other organizational matters through regulations. They represent each other. In the event of prevention, they can also be represented by the Vice President or another member of the court.

5. The High Court approves the regulations of the court presidencies.

1. The Conciliation Authority consists of the Presidency and the Vice Presidency and at least six members.

2. It is elected by the Cantonal Government and is considered a service of the Department of Security and Social Affairs. The provisions applicable to the Public Prosecutor's Office apply mutatis mutandis regarding supervision.

3. The composition of the Conciliation Authority is determined by the Presidency on a case-by-case basis and by the Vice Presidency within the framework of the cases assigned to it.

4. In cases pursuant to Art. 200 of the Code of Civil Procedure, the Conciliation Authority acts with the Presidency or the Vice Presidency and two members in accordance with the required parity.

5. In all other cases, the Presidency or the Vice Presidency can act alone.

6. In addition to the tasks according to the Code of Civil Procedure, the Conciliation Authority mediates in other cases assigned to it by legislation.

7. The Cantonal Government issues implementing provisions concerning the organization of the Conciliation Authority, the use of forms, the obligation to provide information, and the deposit.

1. The Cantonal Council regulates the eligibility requirements for the Chief Public Prosecutor, the Public Prosecutors, the Juvenile Prosecutor, and their deputies by ordinance.

1. The organization of the Tax Appeal Commission is governed by the Tax Act.

2. The Tax Appeal Commission is subject to the supervision of the courts. Regarding the budget, financial statements, and accountability report, the provisions on the supervision of the public prosecutor's office apply mutatis mutandis.

1. Court clerks are available to the courts. They assist in the instruction of cases, participate in the decision-making process, and assume additional duties assigned to them by legislation. They have an advisory vote and are entitled to submit motions.

1. At the commencement of the constitutional term of office, the elected presidencies and members of the Supreme Court, Administrative Court, and Cantonal Court shall take the oath or pledge before the President of the Cantonal Council.

2. The oath or pledge formula is as follows: "I swear or I pledge to faithfully uphold the law of the Federation, the Canton, and the municipalities and to judge accordingly to the best of my knowledge and conscience, to fulfill the official duties entrusted to me without regard to persons, to accept no gifts or other advantages not due to me, and to always maintain confidentiality of office."

3. Those who take the oath state while standing and with fingers raised in oath: "I swear it." Those who make the pledge state while standing: "I pledge it."

1. For valid deliberation and resolution, the judicial authorities must be fully staffed.

2. The presidency convenes the members. If necessary, the court supplements its composition with members from other courts.

3. The presidency of the higher court can appoint extraordinary deputies for tasks of the conciliation authority, the public prosecutor's office, or the juvenile prosecutor's office. Under the same framework, the government council may, after consulting the presidency of the higher court, conclude agreements with other cantons regarding inter-cantonal cooperation. In these cases, the residency requirement may be waived.

4. For significant reasons and if substitution is not possible, the cantonal council can appoint extraordinary presidencies for the cantonal court for a specific period or certain cases. The cantonal council has the same authority concerning the higher court and the administrative court. For such extraordinary presidencies, the residency requirement may be waived.

1. The decision regarding a contested ground for disqualification shall be made

a. * in proceedings before the conciliation authority or the cantonal court presidency by the higher court presidency;

b. in proceedings before the collegiate court by the adjudicating court;

c. * in criminal and juvenile criminal proceedings by the instance competent according to Art. 59 of the Swiss Code of Criminal Procedure (StPO).

d. * ...

1. The superior court exercises supervision over all judicial authorities and the public prosecutor's office.

2. Administratively, the public prosecutor's office is under the supervision of the government council; organizationally, it belongs to the state administration.

1. All areas of management are subject to supervision, particularly court administration, organization, case management, as well as personnel and financial affairs.

2. The judiciary is exempt from supervision.

3. Supervision aims to ensure the lawful, appropriate, and economical fulfillment of the duties of the supervised authorities.

1. Supervision is exercised in particular through the following instruments

a. Examination of accountability reports;

b. Discussions with the management of the supervised authorities and checks of business operations;

c. Financial supervision;

d. Investigations;

e. Communications to the higher supervisory authority;

f. Handling of supervisory submissions.

2. The submission of supervisory submissions does not establish party rights. Reserved are the procedures in case of denial of justice and delay of justice.

1. The Supervisory Authority and its Presidium may establish directives for business conduct and issue oral or written instructions to ensure proper supervision, particularly concerning statistics, personnel management, organization, reporting, budget, and annual financial statements.

1. In the jurisprudence, the lower court instances are independent from the higher instances; they are not required to take any legal instructions.

2. However, upon remand, the lower court instance must base its new decision on the legal assessment contained in the remand order.

1. The prosecution decides independently within the scope of its criminal jurisdiction.

2. The higher court, as the supervisory authority in the investigative procedure, is, however, authorized to monitor ex officio the compliance by the prosecution with the provisions of this law and, if necessary, to issue specific directives to it.

1. The following are subject to the supervision of the Government Council

a. the organization;

b. human resources;

c. financial management.

2. The Department of Security and Social Affairs exercises supervision over the Public Prosecutor's Office on behalf of the Government Council.

1. The supervisory authorities coordinate their supervisory activities.

1. The Cantonal Council regulates the eligibility requirements for court presidencies by ordinance.

**1. The Higher Court Represents the Courts in Communications with Other Authorities.** It prepares the financial plan, the budget, and the accounts of the courts, as well as the accountability report for the Cantonal Council. The president of the Higher Court, or, in their absence, the acting president of the Cantonal Court, directly represents these matters before the Cantonal Council.

**2. The Preparation and Execution of the Financial Plan and the Budget, as well as the Accounting, Shall Be Governed by the Cantonal Financial Budgetary Law, Unless Otherwise Provided by This Law.**

**3. The Higher Court Forwards Proposals Concerning the Accounts, the Budget, and the Financial Plan of the Courts to the Governing Council.**

**4. The Services of the State Administration, Particularly Those of the Financial Administration, the Obwalden-Nidwalden Information Technology Performance Center (ILZ), the Personnel Office, and the Building Office, Shall Be Available to the Courts Within the Limits of the State Budget and Subject to Internal Settlement.**

1. Within the framework of cantonal personnel law, court clerks and other court staff are employed by the respective court presidencies. The same applies to promotions and further personnel-related measures.

2. Personnel-related decisions of the Cantonal Court Presidency and the Higher Court Presidency can be appealed to the Administrative Court within 30 days, and personnel-related decisions of the Administrative Court Presidency can be appealed to the Higher Court.

1. The language of the proceedings is German.

1. The procedural rules regulate the public nature of court hearings and the pronouncement of judgments in detail.

2. Deliberations on judgments do not take place in public.

3. The higher court may issue guidelines concerning the dissemination of information to the public and, in particular, interactions with the media.

1. On the Granting and Revocation of Free Legal Aid, the Decision Is Made by

a. In Civil Procedure

1. Before the onset of litispendence, if a conciliation obligation exists, by the board of the conciliation authority; otherwise, by the board of the court responsible for the case,

2. In pending proceedings, by the board of the engaged conciliation authority or the engaged court,

3. After completion of the conciliation or first instance proceedings, by the board of the court responsible for the claim or appeal;

b. In Criminal Procedure

By the competent public prosecutor or the board of the court responsible for the case;

c. In Administrative Procedure

By the board of the court responsible for the case.

1. The Supreme Court may establish in a regulation the conditions under which procedural correspondence shall be conducted electronically.

2. It may issue provisions regarding the delivery of judgments and decisions, the running of time limits in electronic legal transactions, and electronic record keeping.

3. Electronic record archiving is governed by Article 27 of this Act.

1. The Higher Court issues a regulation on the retention duration of court records. It may issue a regulation on the inspection of records.

2. Court records of long-term or permanent significance are periodically organized by the courts, generally no later than 50 years, and delivered to the state archive with an index. No court records may be destroyed without the consent of the state archive.

3. Inspection of court records requires a legitimate interest and the approval of the responsible proceeding authority. No important private or public interests should oppose the inspection. The state archive is responsible for granting approval for inspection of records older than 70 years. Provisions of the Code of Criminal Procedure (StPO) and the Code of Civil Procedure (ZPO) are reserved.

4. In other respects, the provisions on the state archive apply accordingly.

1. In the calculation of time limits, the day on which the time limit begins to run is not counted.

2. January 2nd, Easter Monday, Whit Monday, and December 26th are considered equivalent to public holidays applicable throughout the entire canton with regard to the running of time limits.

3. A time limit is only met if the action is performed within the specified period. Written submissions must be received by the authority to which they are to be submitted, or handed over to the Swiss Post by the last day of the time limit at the latest. The time limit is also deemed to be met if the submission has been mistakenly submitted to an incompetent judicial or administrative authority in the canton within the time limit.

1. The Cantonal Council regulates the fees and compensations in civil and criminal proceedings, in administrative court proceedings, as well as for the execution of orders and judgments issued in these proceedings by ordinance.

1. The Presidency of the Cantonal Court is responsible for

a. all first-instance decisions and orders in simplified proceedings;

b. all first-instance decisions and orders in summary proceedings;

c. in cases of separation and divorce by mutual request

1. with an original or subsequent complete agreement regarding ancillary issues for comprehensive settlement,

2. with partial agreement regarding ancillary issues for the granting of divorce, approval of partial agreement, and allocation of party roles;

d. in cases of separation and divorce, when the parties have reached a comprehensive agreement during the course of the litigation;

e. * in divorce cases for decisions according to Art. 281 Para. 1 of the Swiss Civil Procedure Code (ZPO) and referrals under Art. 281 Para. 3 ZPO, when only the division of the exit benefits is in dispute;

f. * for the modification of divorce-related outcomes that have been legally decided;

g. for the disposition of requests for legal assistance in civil matters and in the area of debt enforcement and bankruptcy law;

h. * for the assessment of supervisory complaints against executors and estate administrators. The summary procedure applies;

i. * for the disposition of other tasks assigned to it by legislation.

1. The Cantonal Court is competent

a. as the first instance for civil disputes that are not assigned to the Presidency of the Cantonal Court or the Supreme Court;

b. * as the first instance for public law disputes that are directly connected to civil law, particularly disputes due to faulty treatment in a public hospital under cantonal liability law (state medical liability), claims from state liability according to Art. 5 DEBA as well as under Art. 46, 454, and 955 of the Swiss Civil Code; the procedure is governed by the Civil Procedure Code;

c. * for other decisions assigned to it by legislation.

2. The court is responsible for all decisions, orders, and actions, insofar as the court presidency is not competent.

3. The court is particularly competent at the main hearing

a. for conducting settlement attempts, taking of evidence, and hearings;

b. for measures and orders in connection with duties of cooperation and rights of refusal.

4. The court presidency is competent

a. for examining the procedural prerequisites and referring the case;

b. for directing the process and negotiations;

c. for conducting settlement attempts, taking of evidence, instruction hearings, and hearings outside the main hearing;

d. for ordering provisional or safeguarding measures;

e. for measures concerning party representation, representation of the child, joint litigation, intervention, summons of third parties, and change of party;

f. for granting legal aid and mediation;

g. for determining the appropriate remuneration for free legal aid counsel;

h. for processing requests for legal assistance;

i. * for dismissing cases, non-admission decisions under Art. 59 para. 2 lit. f CPC, resolving proceedings according to Art. 132 CPC, and in cases of missing complaint approval in terms of Art. 209 para. 3 CPC.

5. Taking of evidence, instruction hearings, hearings, and the like may also be conducted by individual court members or court delegations.

6. Court clerks may be assigned the processing of requests for legal assistance, conducting hearings, settlement attempts, and instruction hearings, as well as other administrative tasks, insofar as the Civil Procedure Code does not provide for the court or a court member to do so.

1. The Presidency of the Higher Court is responsible for all duties assigned to it by the legislation.

1. The Higher Court adjudicates

a. in cases where federal law prescribes a single higher instance, unless the Administrative Court has jurisdiction;

b. as the appellate and complaint instance;

c. in other cases assigned to it by legislation.

2. The Court Presidency decides on the suspensive effect of a legal remedy and the early enforcement of a decision. Otherwise, the jurisdiction of the Court Presidency is determined by Article 35 of this law.

1. Competent State Court pursuant to Art. 356 para. 1 of the Civil Procedure Code is the Higher Court.

2. Competent State Court pursuant to Art. 356 para. 2 lit. a and b of the Civil Procedure Code is the Cantonal Court.

3. Competent State Court pursuant to Art. 356 para. 2 lit. c of the Civil Procedure Code is the Presidency of the Cantonal Court.

1. The local jurisdiction is governed by the Code of Civil Procedure.

1. The administration of criminal justice is exercised by the criminal authorities mentioned in this law in accordance with the provisions of the codes of criminal procedure.

2. Subject to the provisions of this or any other cantonal law.

1. The Cantonal Council may, by ordinance, authorize police and control authorities to impose fines of up to CHF 300 for certain infractions, provided the offending party consents to it.

1. In cases under Art. 59 para. 1 lit. a of the Criminal Procedure Code, the Chief Public Prosecutor decides.

1. The Public Prosecutor's Office is regarded as a department of the Department of Security and Social Affairs. It consists of

a. the Chief Public Prosecutor,

b. the Public Prosecutors,

c. the Youth Advocate (Youth Advocacy).

2. The Public Prosecutor's Office has assistants at its disposal.

**1. The Chief Public Prosecutor leads the Public Prosecutor's Office and is specifically responsible for:**

a. the proper and effective prosecution of criminal offenses;

b. establishing and operating an appropriate organization;

c. the efficient use of personnel as well as financial and material resources;

d. representing the Public Prosecutor's Office externally;

e. reporting to the supervisory authority.

**2. Furthermore, they perform the duties of a public prosecutor.**

**3. They represent the canton in jurisdictional matters in criminal proceedings against adults as well as against juveniles.**

**4. They perform the function of Chief Juvenile Prosecutor.**

**5. In the event of incapacity, the Deputy Chief Public Prosecutor represents the Chief Public Prosecutor in all areas of responsibility.**

**6. Orders for dismissal, suspension orders, decisions not to prosecute, and penal orders of the Chief Public Prosecutor, or in the case of representation, by the Deputy Chief Public Prosecutor, do not require approval.**

1. Public prosecutors and the juvenile prosecutor are independent in their case handling.

2. The person who has brought and represented the charges is entitled to file legal remedies. They are also authorized to limit, withdraw, and convert appeals into cross-appeals.

3. The Chief Public Prosecutor may, in exceptional cases, take over the proceedings.

4. Decisions to dismiss, suspend, refrain from taking up cases, as well as penal orders concerning crimes and offenses, require the approval of the Chief Public Prosecutor.

1. Prosecutors may delegate the following tasks to assistants

a. the gathering of evidence in simple cases, particularly the conducting of interviews and on-site inspections;

b. individual investigative actions in all cases;

c. the handling of requests for legal assistance.

2. Responsibility remains with the prosecutors, particularly the ordering of coercive measures and the completion of the investigation are reserved for the prosecutors.

3. Assistants assume the responsibilities of the coordination office for the criminal register.

4. An assistant may be tasked with the management of the secretariat.

1. For investigations into crimes or serious offenses that are expected to be judged by the cantonal court, a record-keeping person must be involved.

1. The Public Prosecutor's Office is the coordination body for handling data in the criminal register pursuant to Art. 367 para. 5 of the Criminal Code.

1. The Cantonal Court Presidency decides on

a. * all coercive measures pursuant to Article 18 paragraph 1 of the Code of Criminal Procedure;

b. * the protection of professional secrecy pursuant to Article 271 paragraph 1 of the Code of Criminal Procedure;

c. * other cases assigned to it by legislation.

1. The Presidency of the Cantonal Court is responsible for the adjudication of

a. Infractions,

b. Crimes and misdemeanors, with the exception of those for which the Public Prosecutor's Office requests a prison sentence of more than one year, preventive detention pursuant to Art. 64 of the Swiss Criminal Code, treatment pursuant to Art. 59 para. 3 of the Swiss Criminal Code, or, in the case of simultaneously revocable conditional sanctions, a deprivation of liberty of more than one year.

1. The Cantonal Court decides on all other charges brought by the Public Prosecutor's Office.

1. The Higher Court is responsible for the adjudication of

a. Complaints pursuant to Art. 393 et seq. of the Criminal Procedure Code (StPO);

b. Appeals pursuant to Art. 398 et seq. of the Criminal Procedure Code (StPO);

c. Revisions pursuant to Art. 410 et seq. of the Criminal Procedure Code (StPO).

2. The Court Presidency is responsible for the dismissal of proceedings.

1. In proceedings against juveniles, the juvenile prosecutor's office conducts the investigation in accordance with the JStPO.

2. Article 44d of this law applies mutatis mutandis to the keeping of records.

1. Decisions to dismiss, stay proceedings, not to prosecute, as well as penalty orders concerning crimes and misdemeanors, require the approval of the Chief Prosecutor.

2. The Youth Prosecution Office represents the prosecution before the courts. It decides on the filing of appeals against criminal judgments.

3.

4. The Youth Prosecution Office supervises ongoing investigation cases.

1. The Government Council may regulate mediation within the meaning of Art. 17 JStPO in implementing provisions.

1. The Juvenile Prosecution Office employs social workers. These individuals are particularly responsible for conducting personality assessments, which are necessary for the decisions made by the juvenile prosecutor.

1. The Cantonal Court Presidency acts as the Compulsory Measures Court in juvenile criminal proceedings, unless the Juvenile Court has jurisdiction.

2. The Cantonal Court Presidency decides on all compulsory measures pursuant to Article 26, paragraph 2 of the Juvenile Criminal Procedure Code (JStPO), as well as the protection of professional secrecy pursuant to Article 271, paragraph 1 of the Swiss Criminal Procedure Code (StPO).

1. The Juvenile Court Presidium is responsible for adjudicating charges following objections to penal orders concerning infractions.

1. The Cantonal Court assumes the functions of the Juvenile Court. The Cantonal Court appoints the juvenile judges from among the circle of cantonal judges.

1. The Supreme Court is responsible for the adjudication of complaints and appeals in accordance with the JStPO.

2. The Court Presidency is responsible for the dismissal of proceedings.

1. Law enforcement authorities and the courts may inform other authorities about their pending or completed criminal proceedings, provided that these authorities rely on the information to fulfill their legal duties or have other legitimate interests, and the public interest in the information outweighs the personal rights of the parties involved. Under the same conditions, the juvenile prosecutor's office may also inform home management, social services, school administrations, and school directorates in justified individual cases.

2. Law enforcement authorities and the courts may inform the affected authorities about impending threats.

3. Notification rights and duties under other enactments remain reserved.

1. Rewards pursuant to Art. 211 para. 2 of the Code of Criminal Procedure can be granted by the direction of proceedings.

2. If the reward is to exceed CHF 10,000, its issuance requires

a. approval from the department head if granted by the public prosecutor's office;

b. approval from the president of the High Court if granted by a court.

1. The criminal authorities provide legal assistance to other cantons in matters of cantonal law.

2. The Chief Public Prosecutor represents the canton in proceedings for the assumption or transfer of criminal prosecution with foreign authorities, unless international treaties provide for direct communication.

3. The Chief Public Prosecutor may delegate tasks pursuant to paragraph 2 of this article to a public prosecutor in individual cases.

1. The police may implement appropriate protective measures for individuals in urgent cases who require extrajudicial witness protection but cannot be admitted into the federal witness protection program.

2. In non-urgent cases, the respective competent authorities decide on the specific protective measures; the police act as the lead authority and coordinate the procedure with the involved authorities and private parties.

3. The costs are borne by the canton. If measures and services have been provided based on knowingly false information from the person to be protected, the costs can be reclaimed from that person.

4. The police report to the head of the Department of Security and Social Affairs on activities in the field of cantonal extrajudicial witness protection pursuant to Art. 32 para. 2 of the Witness Protection Act (ZeugSG).

1. The authorities and employees of the canton and the municipalities are obliged, in accordance with Art. 302 paragraph 2 of the Swiss Criminal Procedure Code (StPO), to report to the prosecuting authorities if they become aware of specific grounds for suspicion of a crime or offense that must be prosecuted ex officio during their official duties.

2. Exempt from the obligation to report are

a. Persons who have the right to refuse testimony due to personal relationships (Art. 168 StPO) or for their own protection or the protection of related persons (Art. 169 StPO);

b. Persons who become aware of the grounds for suspicion during counseling of victims or processing their claims for compensation and satisfaction;

c. * Mandate holders of child and adult protection regarding the accused person, members of the child and adult protection authority, and employees of social services.

3. Exemptions from the obligation to report, as well as reporting obligations and rights for authorities, employees, and private individuals, as provided in other enactments, remain reserved.

4. The social welfare authorities that support eligible persons and the child and adult protection authority are also authorized to file a criminal complaint for neglect of maintenance obligations as per Art. 217 paragraph 2 of the Swiss Criminal Code (StGB).

1. The authority for exercising the right of pardon is determined by the provisions of the cantonal constitution.

1. The pardon application must be submitted in writing to the Department of Security and Social Affairs. This department obtains the necessary documents and forwards them along with the pardon application, a report, and a recommendation to the Government Council.

2. In cases where the Government Council does not have the authority to decide, it forwards the application with its report and recommendation to the Cantonal Council.

1. A pardon request does not have a suspensive effect.

2. If the convicted person has not yet begun serving their sentence, the department may postpone the execution of the sentence.

1. The pardon decision is issued in accordance with the criminal justice system of sanctions. It does not need to be justified.

2. A pardon application cannot relate to a decision regarding a private law claim that was made in a criminal judgment.

3. A pardon is generally granted conditionally, with a probationary period ranging from one to five years. The pardon authority decides on the revocation.

4. A negative pardon decision must specify a waiting period. Before the expiration of this period, the pardon application may not be renewed, except in the presence of new grounds for pardon.

1. The Administrative Court Presidency is responsible for

a. the early possession assignment in the context of expropriation procedures;

b. executing further tasks assigned to it by legislation.

2. If the Administrative Court is competent, the jurisdiction of the Court Presidency is determined according to Article 37, Paragraph 2 of this law.

1. The Administrative Court adjudicates as the sole instance, unless another instance must be invoked first according to legislation, public law disputes

a. arising from public law contracts;

b. between municipalities or between a canton and municipalities;

c. from concessions between a public law corporation and the concessionaire or between concessionaires themselves;

d. regarding claims for public law compensation against the canton and municipalities;

e. for which other statutes provide for an administrative court action.

2. Municipalities are equated with public law institutions with their own legal personality, municipal associations, embankment associations, land improvement associations, as well as corporations.

1. The Administrative Court adjudicates as the sole instance, unless another instance is to be invoked first according to legislation, lawsuits based on federal legislation concerning social insurance law.

1. The administrative court appeal to the cantonal administrative court is admissible against decisions of the last cantonal administrative authorities.

2. The administrative court appeal is inadmissible against

a. Decisions for which an appeal to the Federal Administrative Court or another legal remedy to a federal authority is provided;

b. Decisions which the legislation declares as final;

c. Decisions concerning the resolution of supervisory complaints;

d. Decisions with a predominantly political character, in particular

1. Decisions concerning the enactment and approval of plans not binding on landowners,

2. Decisions concerning requests for pardons,

3. Decisions concerning contributions to which there is no legal entitlement,

4. Decisions concerning the granting, refusal, or transfer of concessions to which there is no legal entitlement;

e. Enactments and approvals of enactments;

f. Acts of government within the meaning of Art. 88 para. 2 sentence 2 of the Federal Supreme Court Act.

3. Due to denial of justice, delay of justice, and against independently issued preliminary and interim decisions of last-instance administrative authorities, complaints can be filed with the administrative court pursuant to the Federal Supreme Court Act, even if its jurisdiction in the matter itself is not given.

1. The right to file an administrative court appeal is granted to

a. anyone affected by the contested decision and who has a legitimate interest in its annulment or modification;

b. the competent municipal authority for the protection of public interests in municipal matters;

c. * any other person, organization, or authority authorized by cantonal or federal legislation to file an appeal.

1. The appellant party may raise the following issues with the administrative court complaint

a. Legal violation, including excess and abuse of discretion;

b. Incorrect or incomplete determination of the relevant facts;

c. Inappropriateness in the assessment

1. of tax-related orders, including tax penalties, except in the case of tax assessments made at discretion,

2. of claims for public law compensation,

3. of civil law claims pursuant to Article 6, paragraph 1 of the ECHR, if the legislation or international treaty law provides for or declares this complaint admissible,

4. * of social security law disputes or as provided by the legislation.

1. To the extent that nothing else results from the nature of the matter in dispute, the factual and legal circumstances at the time of the contested decision are decisive for the assessment of the administrative court appeal.

2. New applications or the extension of applications submitted in the previous instance are inadmissible.

3. The presentation of new facts is unrestrictedly permissible in tax penalty proceedings, and in other proceedings, insofar as the contested decision gives reason for it. New evidence is always permissible.

1. In proceedings concerning insurance disputes for which federal law mandates arbitration, the presidency of the administrative court shall preside. If necessary, it shall also conduct the conciliation procedure beforehand.

1. The Cantonal Council regulates the procedure for determining compensation and satisfaction by ordinance.

1. Decisions regarding satisfaction and compensation can be appealed to the Administrative Court.

1. The Presidency of the Cantonal Court is responsible for the decisions to be made by a judicial authority under the Federal Act on Coercive Measures in Immigration Law.

1. The Superior Court adjudicates appeals against orders of the Migration Department and the Cantonal Court Presidency in the area of enforcement measures in immigration law.

1. Jurisdiction and Procedure Regarding Administrative Measures in Road Traffic

The jurisdiction and procedure concerning administrative measures in road traffic are governed by the Agreement on a Traffic Safety Center of the Cantons of Obwalden and Nidwalden dated January 29, 2002.

1. The Cantonal Court is the competent court within the meaning of Article 439 of the Swiss Civil Code.

2. The Cantonal Court can also be called upon

a. in cases of placement ordered by the Child and Adult Protection Authority;

b. when an outpatient measure is ordered;

c. when aftercare is ordered.

1. Decisions of the Cantonal Court can be appealed to the Superior Court.

1. The procedure is governed by the Code of Civil Procedure.

1. The Cantonal Court Presidency is responsible for matters pursuant to Article 251 of the Civil Procedure Code.

1. The High Court is the professional and disciplinary supervisory authority over the debt collection and bankruptcy system. It issues the necessary instructions, both generally and individually, for the proper execution of the Federal Act on Debt Collection and Bankruptcy.

2. The High Court decides on appeals against the Debt Collection and Bankruptcy Office. Appeals must be submitted in writing and must contain an application and a justification. The High Court obtains the position statement of the Office and investigates the facts if the appeal is not obviously unfounded. The provisions of the Code of Civil Procedure regarding summary proceedings apply mutatis mutandis. The procedural regulations of the Federal Act on Debt Collection and Bankruptcy remain reserved.

3. The High Court is the sole instance responsible for reviewing the final report and declaring the conclusion of the bankruptcy proceedings pursuant to Art. 268 of the Swiss Debt Collection and Bankruptcy Act (SchKG).

1. The Office of Debt Enforcement and Bankruptcy is a division of the Department of Security and Social Affairs.

1. The canton constitutes a debt enforcement and bankruptcy district.

2. The seat of the Debt Enforcement and Bankruptcy Office is located in Sarnen; a branch office of the Debt Enforcement Office is maintained in Engelberg.

3. The Executive Council determines the management and deputy management of the Debt Enforcement and Bankruptcy Office.

4. The depository institution is the Obwalden Cantonal Bank.

1. Unless otherwise expressly provided, the provisions of the Code of Civil Procedure shall apply with regard to the chain of instances and the procedure.

1. The enforcement of court judgments as well as provisional orders and legal prohibitions is the responsibility of the cantonal court presidency upon request of the entitled party.

2. The enforcement of coercive measures and substitute performance can be entrusted to the municipal council presidency of those municipalities in which the enforcement is to take place.

3. The municipal council presidency can make the enforcement dependent on the provision of a cost advance. If necessary, it can call upon the assistance of the police authorities, provided that the judge has not directly assigned the enforcement to them.

1. Enforcement of Sentences and Measures is the responsibility of the Department of Security and Social Affairs. The Cantonal Council shall regulate the details by ordinance.

2. In the case of early execution of sentences and measures, the respective procedural management is responsible for the implementation of the enforcement. This particularly includes the arrangement of the enforcement regime and the approval of enforcement relaxations. This responsibility transfers to the enforcement authority upon the judgment becoming final.

3. In the area of juvenile criminal law, the Juvenile Prosecutor's Office is responsible for the implementation of early execution of sentences and measures.

4. The enforcement authorities provide administrative and organizational support to the law enforcement authorities in the execution of early execution of sentences and measures.

1. The government council may authorize private institutions and facilities to execute sentences and measures in accordance with Art. 379 of the Swiss Criminal Code (StGB) and Art. 1 para. 2 letter n of the Swiss Juvenile Criminal Law Act (JStG).

2. The institutions and facilities are subject to the supervision of the Department of Security and Social Affairs to the extent of the authorization.

3. The government council enacts the corresponding disciplinary law; this is determined by the nature of the execution of sentences and measures.

1. The Cantonal Council regulates the implementation of deprivation of liberty by ordinance.

1. This law shall also apply to all proceedings pending at the time of its entry into force.

2. Procedural actions undertaken under previous law shall retain their effect.

3. In calculating the term of office concerning the term limit of court members, only the years as regular members shall be counted.

4. Insofar as this law refers to the Federal Act on Debt Enforcement and Bankruptcy, these references pertain to the version in effect as of January 1, 1997.

1. If the provisions of cantonal or municipal law in public law matters refer to the procedural provisions of the Court Organization Act, the provisions of the Ordinance on Administrative Court Procedure shall apply.

2. The jurisdiction of the instance in which a proceeding is pending at the time of the entry into force of the Amendment of May 21, 2010, continues under the previous law. For cases of the Supreme Court Commission, the Supreme Court is responsible, and for cases involving justices of the peace, the conciliation authority for rent and lease, as well as the conciliation office, the cantonal conciliation authority is competent. In other respects, the new law applies to pending proceedings. Deviating provisions of federal law, in particular the Swiss Code of Civil Procedure, remain reserved.

3. Three years after the entry into force, the Government Council and the Supreme Court shall assess the implementation of the judicial reform with regard to personnel and infrastructure and jointly report the results to the Cantonal Council. If it becomes apparent that the existing personnel and infrastructure situation does not ensure the implementation of the judicial reform, they shall simultaneously propose the necessary measures.

1. ...[36]

1. Upon the entry into force of this Act, the following shall be repealed

a. the Court Organization Act of March 4, 1973,

b. ...,

c. ...

1. The government council determines when this law comes into force. Articles 75 to 79 of this law require federal approval.