Rules of the Court of Appeal (RTA) (RTA)

The President carries out the duties assigned to him by law or by these regulations. In particular

a) convenes and presides over the Plenum of judges and the Administrative Commission, preparing the agenda;

b) convenes and directs the Assembly of full-time magistrates;

c) represents the Court of Appeal externally, with the power to delegate to other members of the Administrative Commission or to the Secretary General;

d) notifies the Council of State in case of recusal of the entire Court of Appeal;

e) exercises the powers delegated to him by the Administrative Commission;

f) prepares the report of the Court of Appeal;

g) expresses an opinion where a consultative opinion is requested from the Court of Appeal, after hearing the Chambers;

h) is responsible for processing requests for international judicial assistance in civil matters within the jurisdiction of the Court of Appeal; he may authorize an official of the Court of Appeal to sign the relevant acts on his behalf.

The Vice-President assists the President and replaces him/her in the event of impediment or absence.

The Full Bench of the Court of Appeal is composed of ordinary judges.

The Plenum of Judges performs the duties conferred upon the Court of Appeal by law or by these regulations that are not assigned to any other of its organs. In particular

a) upon proposal of the Administrative Commission

1. designates the president and vice-president of the Court of Appeal;

2. designates the president, vice-president, and members of the Divisions and Chambers; in the event of a vacancy in a Chamber, the right of option according to seniority of office in the Court shall be considered and, if seniority is equal, the older age shall prevail;

3. allocates eight substitute judges to the Cantonal Criminal Court and another eight to the Criminal Court of Appeal and Revision, after consulting their respective presidents;

4. allocates any additional ordinary substitute judges to the Chambers;

5. appoints the members and substitutes of the Bar Commission;

6. appoints the members and substitutes of the Notariat Commission;

7. designates the members of the Cantonal Assessment Office;

8. appoints the secretary general;

9. establishes ad hoc groups or commissions and appoints their members;

10. adopts the regulations of the Court of Appeal.

b) designates the members of the Ticino Commission for the Continuing Education of Jurists (CFPG);

c) decides in cases of recusal of all members of the Council of the Judiciary or the Appeals Commission on the Judiciary and, if the application is granted, designates the new members, in compliance with the rules on the constitution and requirements of the members of the Council of the Judiciary and the Appeals Commission on the Judiciary.

1 The Plenum is convened by the President at least once a year or upon request of the Administrative Commission or of at least seven ordinary judges.

2 The notice of convocation must be sent in writing at least 10 working days before the sitting. It shall contain the agenda and any relevant documentation.

3 Any ordinary judge may request the inclusion of additional items on the agenda. The request must reach the President within 5 working days before the sitting.

4 The notice of convocation, including the agenda and any documentation, may be transmitted by electronic mail.

5 Only items placed on the agenda may be subject to decision, unless all ordinary judges are present and agree.

1 Il Plenum delibera a porte chiuse e a maggioranza dei voti validamente espressi. In caso di parità di voti viene ripetuta la votazione. Se il risultato è ancora di parità, decide il voto del presidente.

2 Nel caso di nomine e in presenza di più candidati, se vi è parità di voti, viene ripetuta la votazione. Se il risultato è ancora di parità, decide la sorte. Se vi sono più di due candidati, colui che ha ottenuto il minor numero di voti viene eliminato dopo ogni turno di scrutinio.

3 La delibera può avvenire per via di circolazione, anche tramite voto elettronico. La procedura per circolazione è tuttavia esclusa se almeno sette giudici ordinari chiedono la discussione.

4 Se così richiesto da almeno sette giudici ordinari, la deliberazione avviene a scrutinio segreto.

The minutes, containing the decisions made and, where required, a brief summary of the discussions, must be transmitted to the ordinary judges within 15 days of the session and are deemed approved in the absence of requests for modifications within the subsequent 15 days.

1 The Administrative Commission is composed of the President of the Court of Appeal, who presides over it, the Vice-President, and the Presidents of the three Sections.

2 The President and the Vice-President of the Court of Appeal cannot simultaneously be presidents of a Section.

1 The Administrative Commission carries out the tasks assigned by law and by these regulations. In particular

a) it is responsible for the administrative management and the handling of current affairs of the Court of Appeal;

b) it oversees the proper functioning of the Sections and Chambers; to this end, it may adopt measures aimed at promoting a balanced workload, after consulting the president and judges of the Chambers involved;

c) it exercises all competences pertaining to the appointing authority according to the Law on the Organization of State Employees and Teachers of 15 March 1995 (LORD), namely

1. it establishes the staffing requirements in agreement with the presidents of the Chambers and departments concerned;

2. it confers appointments and assignments of personnel, upon proposal of the Chambers concerned and the departments concerned;

3. it conducts, unless delegated, disciplinary investigations and imposes disciplinary sanctions;

**2 The Administrative Commission informs the Plenum, at least once a year, of the activities carried out.**

**3 The Administrative Commission may delegate certain tasks to the president, to one or more of its members, to the secretary-general, or to working groups.**

1 The Administrative Commission is convened by the President or at the request of one of its members.

2 It meets regularly as needed.

1 The Administrative Commission shall deliberate in camera and by a majority of votes. In the event of a tie, the President's vote shall be decisive.

2 With the agreement of all its members, deliberation may take place by circulation, including through electronic voting.

1 The minutes, containing the decisions taken and, where required, a brief summary of the discussions, must be transmitted to the members of the Commission within 15 days from the meeting and shall be deemed approved in the absence of requests for modifications within the subsequent 15 days.

2 Upon request, the approved minutes of the Administrative Commission's meetings may be consulted by ordinary judges, save for justified reasons.

1 The Sections formulate a proposal for a president and a vice-president to the Administrative Commission.

2 The duration of the terms of office is governed by Article 42 paragraph 5 letter a of the FDGO.

3 The President of the Section represents it on the Administrative Commission. They convene the members of their Section, as a rule once a year or upon request of at least two judges.

4 The Vice-President assists the President and replaces them in case of impediment or absence.

1. The Chambers organize themselves autonomously, to the extent that the organization is not provided for by the LOG and these Regulations.

2. The Chambers submit a proposal for president and vice-president to the Administrative Commission.

1 The President is responsible for the proper functioning of the Chamber and represents it internally and externally.

2 He convenes the Chamber when he deems it necessary or when one of its members requests it. He presides over the sitting.

3 The President and the Vice-President remain in office for a period of two years, renewable twice up to a maximum of six consecutive years. This maximum term may be derogated from in the case of the presidential chambers (Criminal Appeals Chamber, Tax Law Chamber, Third Civil Chamber, Execution and Bankruptcy Chamber, Civil Claims Chamber, Protection Chamber).

1 Decisions are signed

a) by the President of the judicial panel, respectively by the sole judge, or, in their place, by a member of the Chamber, and

b) by the registrar or the clerk.

2 The President or the delegated judge may authorize a registrar or a clerk to sign an investigatory decision on their behalf.

1 The registries perform the duties assigned to them by the judges, in particular

a) register appeals and incoming correspondence;

b) serve legal documents;

c) manage case files;

d) manage the archives;

e) ensure contact with users (front desk, telephone);

f) handle the publication of judgments;

g) perform other duties assigned to them by the judges.

2 The registries collaborate with the central services.

1 Clerks are assigned to the Chambers and perform, in particular, the following tasks

a) participate in the investigation of cases;

b) elaborate and draft proposed decisions under the responsibility of a judge;

c) prepare the minutes of hearings;

d) conduct legal research, draft opinions;

e) deal with the anonymization of judgments and prepare the summary for the judgment database;

f) substitute for and assist each other;

g) collaborate with the registry in the management of files;

h) perform other tasks assigned to them by the Chambers or by other bodies of the Court of Appeal.

2 They have an advisory vote where they participate in the investigation and adjudication of cases.

1 The inspectors of the Chamber of Execution and Bankruptcy (CEB) assist the judges in all activities of the chamber and manage the execution and bankruptcy inspectorate, collaborating on matters of common interest with the Department of Institutions. In particular

a) they carry out annual inspections of the offices of the Execution Office (EO) and the Bankruptcy Office (BO) and draw up reports;

b) they provide consultancy to the EOs/BOs;

c) they provide professional training and continuous updating for EO/BO officials;

d) they prepare or issue opinions, memoranda, draft circulars;

e) they maintain contacts with the authorities;

f) they participate in working groups and projects related to EOs/BOs;

g) if requested, they perform the same duties as court clerks.

2 The inspectors of the Chamber of Protection assist the judges in all activities of the Chamber. They also carry out the tasks assigned to them by special laws and their respective regulations.

1 The Court promotes the internal mobility of its staff.

2 The Secretary General informs the clerks when a similar position within a Chamber becomes vacant, to allow them to express their interest. However, they do not have a binding right of option.

3 The terms of any transfer are agreed upon by the presidents and judges concerned. In the absence of an agreement, the Administrative Commission decides in the interest of the proper functioning of the Court of Appeal.

1 The Secretary General assists the President of the Court of Appeal and the Administrative Commission in order to ensure the proper functioning of the Court, performing the tasks assigned to him.

**2 In particular, he shall:**

a) direct the central services;

b) implement the decisions of the Plenum of Judges and the Administrative Commission in collaboration with the President;

c) provide secretariat services for the Plenum of Judges and the Assembly of Magistrates, participating in meetings and drafting the minutes;

d) provide secretariat services for the Administrative Commission, drafting its minutes, and participate in meetings with an advisory vote, regularly informing it of his work;

e) assist the President in consultation procedures submitted to the Court (legislative amendments, various parliamentary acts) and prepare draft responses;

f) participate, at the President's request and representing the Court of Appeal, in various working groups or projects of interest to the Court;

g) as a senior official, be responsible for human resources management and, where necessary, in collaboration with the Presidents of the Chambers and, at their request, assist them in the selection process for personnel assigned to them;

h) address logistical, IT, security, and risk management needs;

i) supervise the financial needs of the Court, examining budgets, verifying financial statements, and implementing the recommendations of the Cantonal Financial Control;

j) manage internal and external communication in collaboration with the President and the judges;

k) maintain contacts with the Cantonal Administration;

l) plan and organize professional development activities and other events; in particular, in agreement with the President, organize the opening ceremony of the judicial year, collaborating for this purpose with the Ticino Commission for the Continuing Education of Jurists;

m) supervise international judicial assistance activities in civil and commercial matters.

In administrative matters that are assigned to the Secretary-General for dispatch, he signs alone.

1 The Court of Appeal has central services directed by the Secretary General, who organizes them in consultation with the Administrative Commission.

2 The central services are responsible, in particular, for the following areas

a) finance, accounting, and invoicing;

b) internal control and risk management;

c) information technology, logistics, and digitalization;

d) documentation and library;

e) human resources;

f) international assistance in civil matters.

The Court promotes the professional development of its members and staff.

1 The Ticino Commission for Continuing Legal Education (CFPG) is established within the Court of Appeal.

2 The CFPG shall consist of at least six members appointed by the Court of Appeal for a period of two years. It shall be chaired by a judge of the Court of Appeal.

3 The CFPG shall regularly organize training courses for scientific updating in the field of law, with particular attention to the needs and peculiarities of legal professionals and the legal culture of Italian-speaking Switzerland.

The Presidents and Vice-Presidents of the Chambers who, at the time of entry into force of these Regulations, or who between the entry into force and the full renewal of the Court of Appeal, have exceeded the maximum term of office referred to in Article 15, paragraph 3, may continue to hold office until the next full renewal of the Court of Appeal.

This regulation shall enter into force on December 1, 2025.

Published in BU 2025, 318.