Key Benefits:
On 21 February 2008 (State 1 Er June 2008)
The Federal Administrative Tribunal,
See art. 16, para. 1, let. Of the Act of 17 June 2005 on the Federal Administrative Tribunal (LTAF) 1 ,
Enacts the following regulations:
This Regulation governs public information on the activity of the Federal Administrative Tribunal (Court).
1 The court shall inform in an open and transparent manner.
2 The President of the Court and the General Secretariat shall be competent for the information, unless otherwise provided for in this Regulation.
The court has a press service attached to the General Secretariat.
1 The court shall make available to the public the cover page and the operative part of all its judgments for 30 days following their notification and the lifting of the embargo in accordance with art. 42 LTAF.
2 The court shall make its judgments available to the public in a non-anonymous form, unless the protection of the personality or other private or public interests impose their anonymization.
3 Judgments shall be made available to the public in printed or electronic form.
The court publishes its judgments in an electronic data bank and in an official collection. The official collection of judgments of the Court "Judgments of the Swiss Federal Administrative Court (ATAF)" is published on paper and in electronic form.
1 The material stops are published in the electronic database.
2 Formal judgments are published if they are of interest to the public.
3 Judgments are published in their entirety.
4 Access to the database is free of charge.
1 The judgments of the Court shall be published in the official compendium of judgments which have a significant impact, in particular for the development of the law. The following principles apply:
2 Access to the official collection of court judgments on paper pays. Access to the official collection of court judgments in electronic form can be paid.
1 The court publishes its judgments in anonymous form. Art. 4 is reserved.
2 The publication of the names of the parties is permitted, in particular where they are already known, that no interest worthy of protection is manifestly affected or that the parties have given their consent. The judge shall obtain the consent of the parties.
3 The Conference of Presidents shall rule on the competences, procedure and modalities for anonymisation.
1 The Conference of Presidents appoints a Drafting Committee, which is responsible for ensuring the uniformity of the official compendium of court judgments. The commission consists of a representative of each court. Its members are proposed by the court to which they belong and appointed by the Conference of Presidents for a period of two years. Linguistic representation must be balanced. The Commission is organising itself.
2 Judgments relating to legal matters disposed of in accordance with s. 25 LTAF is forwarded to the Commission for publication. In all other cases, the Drafting Committee shall, on a proposal from the competent court, decide on the publication of a judgment in the official compendium of judgments of the Court. It may propose the publication of a particular judgment.
3 The Drafting Committee shall ensure that the judgments proposed by the courts are published in a coordinated and uniform manner. It shall issue directives to that effect, after consulting the Conference of Presidents.
4 The members of the Drafting Committee shall be discharged from their judicial duties, to the extent that the performance of their activities requires them.
Anyone who wishes to receive information should make a request to the press service of the Secretariat-General. The latter responds directly or forwards the request to the competent body.
1 The body responsible for an official document may authorise access in accordance with the law of 17 December 2004 on transparency 1 As a general rule, oral and written requests are given orally to written requests.
2 If access is to be limited, delayed or refused, the request is forwarded to the Administrative Commission. The mediation procedure is excluded.
3 The Administrative Commission decides on written applications by making a decision within the meaning of Art. 5 of the Federal Act of 20 December 1968 on administrative procedure 2 .
4 The data protection officer of the court shall exercise the function of advising on transparency within the meaning of s. 20 of the order of 24 May 2006 on transparency 3 It is also responsible for reporting within the meaning of s. 19 of the Act of 17 December 2004 on transparency.
5 The collection of emoluments is governed by the regulation of 21 February 2008 on the administrative emoluments of the Federal Administrative Court 4 . If the Regulation does not provide for any applicable provision in the matter, the fee for emoluments annexed to the order of 24 May 2006 on transparency shall apply.
6 For the rest, the order of 24 May 2006 on transparency applies mutatis mutandis.
Anyone who chronicles the judicial activity of the court is obliged to take into account the interests of protection of the participants in the proceedings, in particular their private sphere.
1 Journalists who intend to regularly chronicle the judicial activity of the court for the media appearing or established in Switzerland must request their accreditation in writing to the Secretariat-General. The application may be limited to the chronicle of the judicial activity of certain courses.
2 Accreditation is granted if:
3 Accreditation may be refused where there are serious doubts that the person seeking accreditation is not trustworthy.
1 Accreditation is granted for a period of four years or, if it has already begun, for the remaining period. Journalists must request the renewal of their accreditation on time.
2 The General Secretariat shall revoke accreditation where the conditions for its grant are no longer fulfilled.
1 Accredited journalists receive a legitimising card.
2 The legitimising card must be returned immediately after the revocation or expiration of the accreditation.
1 The court provides the following services to accredited journalists:
2 The judgments provided for in para. 1, let. C, shall be submitted prior to publication in the electronic database; if applicable, an embargo shall be issued.
3 The delivery of the judgments provided for in para. 1, let. D, takes place at the same time as the dispatch of the judgments to the parties; an embargo is put.
1 The court may impose an embargo on the chronicle of judicial activity.
2 As a general rule, the embargo ends at 12 noon on the seventh day following the dispatch of the judgments to the parties (not including the date of dispatch).
3 The embargo lapses when, before its expiry, the public has already been aware of the content of the judgment by another source of information.
The Federal Administrative Tribunal's Information Regulations of December 11, 2006 1 Is repealed.
1 [ RO 2006 5315 ]
This Regulation shall enter into force on 1 Er June 2008.