Regulations on the Organization and Procedure of the Appeals Commission of the Roman Catholic Corporation of the Canton of Zurich

6 1 The Appeals Commission consists of five part-time members.

Composition,

Term of Office

2 The Synod elects the President and the members for a term of four years. Re-election is possible.

3 The Appeals Commission constitutes itself, with the exception of the President.

1 The Appeals Commission is independent and solely committed to the rule of law.

2 It draws up the annual budget and exercises credit control over its cost center.

3 The Synod exercises administrative supervision over the management of the Appeals Commission. The Commission reports annually to the Synod on its management.

1. Commission members must recuse themselves from matters concerning their own special church congregation or their own ecclesiastical association.

2. ...7

Recusal provisions

1. The Appeals Commission shall decide in panels of three.

2. It shall adopt its own rules of procedure.

Organization

8 1 The Appeals Commission may appoint a legal secretariat.

2...9

(Art. 52 KO)

3 The Legal Secretary participates in the deliberations of the Appeals

Commission in an advisory capacity.

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Organization and Procedure of the Appeals Commission – R

Official Secrecy

Seat

The same grounds for incompatibility and recusal apply to him or

her as to the commission members. He or she may not hold any other

employment relationship with the Catholic Church in the Canton of

Zurich.

The members of the Appeals Commission and the employees of the Secretariat are bound to official secrecy regarding all facts that come to their knowledge during their activities for the Commission.

The seat of the Appeals Commission is located in Zurich.

7

Proceedings

Jurisdiction

for Appeals

Presidential

Powers

Exchange of Pleadings

3. Appeals

1 The provisions of the Church Order apply to the appeal proceedings.6

2 The revision of first-instance orders and decisions of the Appeals Commission is governed by the provisions of the cantonal Administrative Justice Act concerning revision.

1 The jurisdiction of the Appeals Commission is determined by

1 The President shall issue the necessary orders concerning

interim measures, the suspensive effect of an appeal, and the granting of legal aid.

2 The President is responsible for deciding an appeal

due to its manifest inadmissibility, withdrawal, or lack of object.

1 If the appeal is not deemed manifestly inadmissible or unfounded, the lower instance will retrieve the files. Simultaneously, the parties involved in the proceedings will be given the opportunity to submit a written statement. The lower instance can be obligated to do so.

2 When ordering the exchange of pleadings, the parties to the proceedings will be informed of the composition of the Appeals Commission.

Organization and Procedure of the Appeals Commission – R 182.51

3 A second exchange of pleadings will only take place if required by the right to be heard or the establishment of the correct facts.

4 The statements of the parties to the proceedings will be delivered to the respective other party for their information.

1. The Appeals Commission convenes upon invitation of the Chair or Vice-Chair.

2. It can adopt decisions by circular resolution if no differing motion is present or if no member requests a deliberation.

3. The members are obliged to cast their vote.

4. The deliberations of the Appeals Commission are not public.

1 The proceedings before the Appeals Commission are free of charge.

2 In the case of frivolous or vexatious appeals, the defaulting party may be ordered to bear all or part of the procedural costs and a party compensation.

3 The assessment of these costs is based on the provisions applicable to the Administrative Court.

findings

Court fee, party costs and procedural costs

4. Mandates of the Synod

The Appeals Commission may, by resolution of the Synod, be

mandated to investigate matters concerning the Synod itself. It shall report to the Synod.

5. Entry into Force

The Regulations come into force on January 1, 2010, together with the cantonal Church Law and the Church Order. The jurisdiction of the District Councils for supervision and jurisdiction remains reserved until June 30, 2011, in accordance with § 29 para. 1 VO to KiG3 and to GjG5.

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Organization and Procedure of the Appeals Commission – R

6. Transitional Provisions

KO4.6

2 If, at the same time, state legal proceedings are initiated due to a violation of directly applicable state law, it regulates the procedure with the competent state authority in an exchange of views.

1 OJ 64, 852.

2 FA 175.2.

3 FA 180.11.

4 FA 182.10.

5 FA 184.1.

6 Version in accordance with decision of 29 June 2017 (OJ 72, 458; Fed. Gaz. 2017-07-21). In force

since 1 January 2018.

7 Repealed by decision of 29 June 2017 (OJ 72, 458; Fed. Gaz. 2017-07-21). In force

since 1 January 2018.

8 Version in accordance with decision of 15 April 2021 (OJ 76, 197; Fed. Gaz. 2021-04-30). In force

since 1 July 2021.

9 Repealed by decision of 15 April 2021 (OJ 76, 197; Fed. Gaz. 2021-04-30). In force

since 1 July 2021.

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