Regulations establishing the contribution of municipalities to the installation and operating costs of courts and public prosecutor's offices (ReCC) - Subject Matter (REBG)

1. This regulation governs the allocation of the establishment and operating costs of the courts and public prosecutor's offices between the state and the municipalities.

2. It does not apply to the establishment and operating costs

a) of the conciliation board for tenancy matters, the labor court, and the conciliation board for disputes related to the Federal Act on Equality, which are the responsibility of the canton;

b) * of the municipal judge and the police court, which are the responsibility of the municipality.

1. The municipality at the seat of the district courts and the regional offices of the public prosecutor's office (seat municipality) provides the judicial authorities and the public prosecutor's office with the premises necessary for efficient and effective administration of justice.

2. Subject to Article 5, paragraphs 2 and 3, the furnishing costs (investment or rental costs) resulting from providing the necessary premises are borne by

a) the seat municipality;

b) the principal locality of the Hérens and Conthey districts, for the Hérens and Conthey court, in proportion to the residential population.

3. The canton equips the cantonal court, the central office of the public prosecutor's office, and the centralized first-instance courts with the premises necessary for efficient and effective administration of justice and assumes the resulting furnishing costs.

1. The operating costs associated with the activities of the judicial authorities and the public prosecutor's office shall be borne by the canton, in particular

a) telephone and postage fees;

b) facilities, equipment, and IT security;

c) furniture;

d) office supplies;

e) maintenance of furniture, machines, and equipment;

f) legal documentation.

2. Unless otherwise provided in Articles 5 and 6, other operating costs associated with the use of premises shall be borne by the municipalities, in particular

a) janitorial and routine maintenance work on the building;

b) water and electricity;

c) insurance;

d) taxes and fees.

1. The judicial authority, the public prosecutor's office, and the seat municipalities designate a person responsible for the premises; they agree on mutual administrative assistance.

2. In case of need, the necessary premises and the rental value are determined by the office of the cantonal administration responsible for the buildings.

1. The operating costs charged to the municipalities (Art. 3(2)) shall be paid by

a) the municipality where the district court or the regional office of the public prosecutor is located;

b) the main locality of the districts Hérens and Conthey, for the Hérens and Conthey court, proportionate to the resident population.

2. The debtor municipality for the setup (Art. 2(2)) and operating costs (Art. 5(1)) may involve other municipalities of the district or circuit in contributing to the costs.

3. In the absence of agreement among the affected municipalities, the debtor municipality shall request the department responsible for justice to render a decision on the allocation of costs. The amount owed by each municipality shall be apportioned as follows

a) 30 percent charged to the seat municipality;

b) 70 percent distributed among all municipalities proportionate to the resident population.

1. The operating costs of the Cantonal Court, the central public prosecutor's office, and the centralized first-instance courts as referred to in Article 3, Paragraph 2 shall be borne by the municipality where they are located.

1. If the state, instead of the municipality where the court is seated, at the request of this municipality or ex officio, provides the necessary premises to the judicial authorities and the public prosecutor (Art. 2 Para. 1), the furnishing and operating costs associated with the use of these premises (Art. 3 Para. 2) are decided and billed by a decision of the Council of State

a) to the seat municipality;

b) to the main town of the districts Hérens and Conthey, for the court of Hérens and Conthey, in accordance with the population.

2. Furthermore, Article 5 Paragraphs 2 and 3 are applicable.

1. The contribution of the host municipality provided for in the present regulation may be determined on a lump-sum basis by an agreement between the Council of State and the municipal council.

1. The Law on Administrative Procedure and Administrative Jurisdiction applies to the decisions made in the execution of the present law.

1. This regulation repeals all conflicting provisions, in particular the resolution concerning the allocation of costs for obtaining and furnishing premises and the necessary office materials for judicial authorities and prosecutors between the state and municipalities dated October 30, 1963.

2. It shall be published in the Official Gazette and shall enter into force on January 1, 2012.