Regulation of the Independent Panel of Experts for the Examination and Preliminary Opinion on New Candidacies for the Election of Magistrates

The Commission carries out the tasks assigned to it by the Constitution and by law, according to the procedure set forth in these regulations.

It drafts and updates its own regulations and appoints the President.

The Secretary General of the Grand Council acts as Secretary.

The Commission's address is at its Secretary's office.

Candidates for a judicial office who participate in the public competition, published in the Official Gazette by the Justice and Rights Commission of the Grand Council, must document the fulfillment of the requirements set forth by law for the individual position.

They must also submit a criminal record extract and a curriculum vitae accompanied by documents attesting to their legal education, their eventual scientific works, their professional experience, and their eventual participation in public offices.

The Commission meets, upon convocation by the President, whenever the Grand Council must proceed with the election of a magistrate for which its intervention is foreseen. The Commission does not intervene for candidates already holding the office provided for by the competition.

For the election of judges of the Court of Appeal, the Commission ascertains with the presidency which function must be filled.

Upon receiving from the Justice and Rights Commission of the Grand Council the documents for the publication of the call for applications and those pertaining to new candidacies, the Secretary shall send copies thereof to each member of the Commission.

Prior to convening individual candidates, the Commission may carry out a preliminary examination of applications and determine the modalities and order of hearings.

Each candidate shall be heard individually. The Commission shall particularly question them on their legal education, their professional experience, and the reasons why they intend to enter the judiciary and fill the position subject to the competition. If necessary, it shall proceed with an examination of their legal knowledge in relation to the position for which they are applying.

The Commission shall gather all information and advice it deems necessary for the evaluation of the candidate.

The evaluation of the candidate takes place based on their suitability to cover the position put out to tender. In this regard, particular consideration will be given to the candidate's personality, their education and specializations, their professional experience, and their ability to carry out the activity of a magistrate with seriousness and effectiveness.

The evaluation concludes with a decision by the Commission. The decision is taken by majority, it being understood that in case of impediments, the Commission may deliberate in the presence of at least three of its members.

The Commission's decisions are recorded in a written and reasoned report, which refers to individual applications, for each of which a detailed assessment is provided on the eligibility and suitability of the candidate to fill the position advertised and to perform the intended function.

The Commission's report, which serves as a preliminary opinion for the Electing Authority regarding each new candidacy, is then transmitted to the Justice and Rights Commission of the Grand Council.

A copy of the preliminary opinion, for the part that concerns the candidate, is transmitted to the candidate.

The regulation is published in the Official Bulletin of Laws and Executive Acts of the Canton of Ticino. It repeals the one of 23 June 2000 and enters into force immediately. [1]

Published in BU 2019, 353.

[1] Entry into force: 11 October 2019 – BU 2019, 353.