Regulation of the Appeals Commission of the Judicial Council (ReCoReM) - Designation (REREKOJ)
Table of Provisions (25)
Statutory Text (25 Articles)
1. The Appeals Commission of the Judicial Council (hereinafter referred to as the Appeals Commission) is abbreviated as ACJC.
1. The Appeals Commission is based in Sion.
2. It may convene, take evidence, and conduct proceedings at any other location within the canton of Valais; outside the canton, it acts in cooperation with the competent local authority.
3. The address for all correspondence to the Appeals Commission is the professional domicile of the President (hereinafter: Presidency). This address is published on the website mentioned in Article 21 of these regulations.
1. The Appeals Commission is elected by the Grand Council and constitutes itself.
2. It specifically appoints its President and its Vice President (hereinafter: Vice Presidency) by a simple majority of its members and substitutes.
3. The elections take place at the beginning of the 4-year term for which the Commission is elected, or as necessary during the term.
4. The Presidency and the Vice Presidency are elected for a term of office of 2 years. Re-election is permissible.
1. The Appeals Commission exercises the powers conferred upon it by law as a collegial body.
2. It convenes with 3 members.
3. On an administrative level, it adopts, in particular, the annual report, the budget, and the annual accounts, which it submits to the Grand Council.
4. It decides on all important administrative and organizational matters.
1. The Presidium represents the Appeals Commission. It acts in its name and conducts the meetings.
2. If the President is unable to perform their duties, they will be represented by the Vice President or another member.
1. The deputies replace, with voting rights, absent members.
1. The presidency assumes the administrative duties of the Appeals Commission. It may delegate these duties to another member or an employee of the Appeals Commission.
2. If deemed appropriate by the presidency due to the nature of the matter, it may have certain tasks, such as secretarial or accounting work, carried out by external service providers.
3. The administrative tasks include
a) Preparation of the annual report;
b) Preparation of the budget and the annual financial statements;
c) Payment transactions;
d) Collection of procedural costs;
e) Distribution of compensation to the members and employees of the Appeals Commission by the liable public entity.
4. The fiscal year coincides with the calendar year.
**1. The Appeals Commission Appoints the Court Clerks Upon Request of the Presidium.**
2. It deliberates in the presence of the court clerk who has been assigned for the handling of the matter. This clerk has an advisory vote and participates in the preparation of the draft decision.
3. The decisions are signed by the president, a member, or the assigned court clerk.
1. Sessions of the Appeals Commission are held excluding the public.
1. A procedural record is maintained for each file.
2. The files are numbered by year.
3. The procedural records, the decisions, as well as the documents of the Appeals Commission are archived in accordance with the principles of the State Archive for document management.
1. The Presidium ensures the storage, security, and protection of the data processed by the Appeals Commission.
2. It regulates access rights in accordance with the Law on Public Information, Data Protection, and Archiving (GIDA).
1. Unless otherwise provided in these regulations, the procedure before the Appeals Commission shall be governed by the Act on Administrative Procedure and Administrative Jurisdiction (VVRG).
2. Decisions may be made by circular resolution, unless a participating member requests a discussion in a meeting.
1. A fee shall be charged for the instruction and the decisions of the Appeals Commission, and the expenses incurred in this process shall be billed.
2. The fee covers the actions performed by the Appeals Commission.
3. The expenses consist of the amounts transferred by the Appeals Commission to third parties for specific operations. These particularly include the fees of experts, witness compensations, and other costs incurred due to evidence gathering. These are in addition to the fee.
4. The amount of the fee and the expenses shall be determined by the Appeals Commission in the final decision of the proceedings.
1. The fee ranges from a minimum of 200 francs to a maximum of 5,000 francs.
2. If special circumstances justify it, the appeals commission may prescribe a fee below the minimum or up to double the maximum limit in accordance with paragraph 1.
3. The amount of the fee is determined by taking into account the difficulty, the scope of the required work, the interest of the parties in the matter, and the complexity.
1. The fee may be demanded as an advance payment from the appellant party.
2. If expenses are incurred by the appeals commission upon the request of a party, particularly in the context of evidence gathering, the appellant party may be required to provide an advance payment for such costs.
1. The imposition of office fees is reserved, particularly for providing copies or certificates, inspecting files of a completed matter, communicating decisions, or for information and inquiries in the archives.
1. For attending the sessions, the members and substitutes of the Appeals Commission, as well as the court clerks, shall receive a compensation of 700 Swiss Francs per day, 350 Swiss Francs per half-day, and 80 Swiss Francs per hour, up to 3 hours.
2. A session lasting no more than 4 hours shall be considered a half-day session.
3. The travel time from the place of residence to the location of the consultations shall be fully credited.
1. All other tasks such as file study, instructions, reports, opinions, and administrative activities will be compensated at 80 Swiss francs per hour.
1. Travel expenses and other expenses justified in the context of the duties of the Appeals Commission shall be reimbursed based on the actual costs incurred.
2. Additionally, the following will be reimbursed
a) Costs for the use of public transportation in first class;
b) Lunch and dinner: 26 francs per meal;
c) Overnight stay including breakfast: 180 francs.
1. The entitled parties shall submit their cost statements (working hours and expenses) to the presidency annually by no later than November 30th, for review and approval.
2. The presidency shall prepare the statement of its own working hours and expenses within the same period, which will be reviewed and approved internally by the vice-president.
3. The presidency shall transmit an annual statement to the obligated public entity by no later than December 31st of the current year.
1. The Appeal Commission has a website available in German and French. This website provides free information regarding the composition of the Appeal Commission, its activities, and the applicable legal bases.
2. The decisions of the Appeal Commission are published in the original language. Generally, they are anonymized.
1. The presidency represents the appeals commission externally and informs the public, if necessary, about the matters addressed.
2. The presidency ensures the connection to the legislative, executive, and judicial branches.
3. The presidency provides members of the appeals commission with the information necessary for the fulfillment of their judicial duties.
1. The Presidium shall transmit the annual report and the annual financial statements to the Grand Council no later than the end of February.
1. The members, substitutes, and court clerks of the Appeals Commission disclose their affiliations.
1. The Register of Interests of the Members, Deputies, and Clerks of the Appeals Commission contains the following information
a) their main and secondary occupational activities, or their employer(s), if applicable;
b) their membership in management and supervisory bodies of corporations, enterprises, institutions, or foundations under private and public law;
c) the functions they perform in commissions or other bodies of the Confederation, a canton, a municipality, or within the framework of inter-cantonal or inter-municipal cooperation;
d) their political affiliation.
2. Any changes must be reported immediately.