Act on the Liability of the State, Municipalities and Their Officers (LRECA) (LRECA)

1. This law governs the compensation for damages caused unlawfully or in violation of service duties in the exercise of cantonal or municipal public functions.

2. The mandatory provisions of federal law [A] are reserved.

1. Municipal corporations, within the meaning of this law, are municipalities, fractions of municipalities, associations of municipalities, federations of municipalities, and urban conglomerations.

1. Agents performing cantonal public functions include, in particular

1. members of the Grand Council;

2. members of the Council of State;

3. members of the Cantonal Court;

3bis. ...

4. university professors;

5. magistrates of the judiciary;

6. magistrates of the Public Prosecutor's Office;

7. members of the Court of Auditors;

8. members of permanent and temporary commissions;

9. state employees within the meaning of the Vaud State Personnel Act [B];

10. ...

11. personnel remunerated by a public institution with legal personality;

12. agents of public law corporations;

13. agents of private individuals, natural or legal persons, entrusted with public law tasks;

14. the administrative mediator.

2. Persons performing communal public functions include members of authorities, civil servants, employees, and other agents of communal corporations.

1. The State and communal corporations are liable for the damage their agents cause to third parties in an unlawful manner.

1. The agent is not personally liable to the injured party for compensating the damage.

1. The judge may, taking into account particular circumstances, grant the victim of bodily harm, or, in the case of death, to the family, fair compensation as moral reparation.

2. Anyone who suffers harm to their personal interests may claim damages and, in addition, compensation as moral reparation when justified by the particular severity of the harm suffered.

1. The claim for damages is subject to a one-year limitation period from the date of awareness of the damage and, in any event, a ten-year limitation period from the date of the wrongful act.

1. The provisions of the Code of Obligations [C] relating to obligations arising from torts are, moreover, applicable by analogy as cantonal law.

1. Anyone who, unlawfully or through a violation of duty of service, causes damage to the State or a communal corporation, of which they are an agent, is liable for compensation if they acted either intentionally or with gross negligence or imprudence.

2. The claim for damages is time-barred one year from the day the competent authority, able to enforce it on behalf of the injured public corporation, became aware of the damage and its perpetrator, and in all cases, ten years from the damaging act.

3. However, if the damaging act can be prosecuted criminally within a longer prescription period, then that prescription period applies to the claim for damages against the punishable person.

1. When, in accordance with Article 4, the State or a communal corporation has had to repair the damage caused to a third party, they have a right of recourse against the agent who committed the damaging act either intentionally or through gross negligence or recklessness.

2. This right is prescribed within one year from the day the public corporation is recognized as the debtor by final judgment, settlement, compromise, or any other means, and, in all cases, within ten years from the agent's damaging act.

1. The public corporation that has entrusted a natural or legal person with a public law duty, and whose agent wrongfully causes harm in the performance of this task to this corporation (art. 9) or to a third party compensated by it (art. 4), shall have, if the harmful act is gravely at fault, a direct or regressive action against this person and its agent.

2. The legal entity of public law that has compensated for all or part of the damage has a right of recourse against its agent.

1. When, through their intentional or grossly negligent behavior, several persons have contributed either to causing damage to the State or to a communal corporation (Art. 9), or to causing damage to a third party that is compensated by the State or by a communal corporation (Art. 10), each of them is liable to the public corporation for a share proportionate to their fault.

1. The provisions of the Code of Obligations [C] relating to obligations arising from torts are, moreover, applicable by analogy as cantonal law.

**1. Actions based on this law shall fall under the jurisdiction of the ordinary courts, subject to the following articles:**

1. Only the Grand Council may decide to initiate direct or recourse action against a State Councilor or a Cantonal Judge based on Articles 9 or 10.

2. The Council of State shall communicate to the Grand Council, which it may convene immediately, the judgments, expedited procedures, judicial or extrajudicial settlements, and other legal acts requiring the State to compensate for damage unlawfully caused by a State Councilor or a Cantonal Judge in the exercise of public office.

1. When the Grand Council, seized by the State Council or by motion, must decide on the initiation of proceedings against a member of the State Council or a cantonal judge, the matter is submitted for preliminary examination by a commission.

2. The commission is elected by list ballot and by an absolute majority of the votes. All groups represented in the assembly must be included in the commission.

3. The commission hears the member of the State Council or the cantonal judge concerned and conducts necessary inquiries to obtain precise information; it subsequently prepares its report as promptly as possible and informs the State Council that it has completed the drafting.

4. The Grand Council, which may be convened immediately by the State Council, hears the report from its commission, and then decides, by individual ballot and by an absolute majority of the votes, whether the proposed action should be initiated.

5. If the Grand Council orders the proceedings, its bureau acts on behalf of the State and informs the opposing party.

1. The case is adjudicated by the ordinary civil jurisdiction.

2. The Neutral Tribunal is competent to hear appeals and petitions.

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1. The Swiss Code of Civil Procedure [D] applies to proceedings based on this law.

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1. The State Council may not initiate a direct or regressive action based on Articles 9 and 10 against a member of the judiciary without the consent of the Cantonal Court.

1. The following legislative acts are amended as follows

a. Act of November 25, 1863, on the liability of the Council of State.

- Arts. 1, 2, 3, and 24 to 32. - Repealed.

b. Judicial Organization Act of December 16, 1947

- Art. 19. - The liability of judicial agents is governed by the act on the liability of the State and its agents.

- Art. 20. - The provisions of the Civil Code concerning the liability of guardianship authorities are reserved.

- A magistrate, member of a guardianship authority, who is directly sued for damages for a fault committed in the exercise of their functions must notify the Council of State without delay.

- If, after consulting the president of the Cantonal Court, the Council of State deems the action unjustified, it shall take all appropriate measures, at the State's expense, to ensure the magistrate's defense.

c. Act of June 9, 1947, on the general status of cantonal public functions

- Art. 30. - Repealed.

- Art. 31. - Reserved are the provisions of federal law that provide for a different liability of public officials towards third parties, particularly those relating to civil status officials, guardianship officials, land registry officials, commercial registry officials, and officials of debt collection and bankruptcy offices.

- A public official sued for damages due to an act performed in the exercise of their functions must notify the Council of State without delay.

- If, after consulting the president of the Cantonal Court if necessary, the Council of State deems the action unjustified, it shall take all appropriate measures, at the State's expense, to ensure the public official's defense.

- Art. 32. - Repealed.

d. Act of February 28, 1956, on municipalities.

- Art. 101. - Repealed.

- Art. 102. - Repealed.

- Art. 103 para. 1. - A public official criminally charged for a fault committed in the exercise of their functions must notify the municipality without delay.

- Para. 2. - Unchanged.

- Art. 136. - Repealed.

- Art. 182. - Members of the Board of Directors and the Control Commission are assimilated to cantonal public officials within the meaning of the Act on the liability of the State, municipalities and their agents, and the Act on the general status of cantonal public functions.

e. Civil Procedure Code of November 20, 1911.

- Art. 84 letter c. - Repealed.

- Arts. 491 to 498. - Repealed.

1. The law of November 29, 1904, concerning the liability of the State and municipalities for acts of their officials or employees not related to the exercise of an industry is repealed.

1. The Council of State is responsible for the publication and execution of the present law.