173.320.4 regulation of the federal administrative court on the information of February 21, 2008 (status as of June 1, 2008) the federal administrative court, under art. 16, al. 1, let. a, of the law of 17 June 2005 on the federal administrative court (LTAF), enacts the following regulation: Section 1 provisions general article 1 purpose this regulation governs the public information on the work of the federal administrative court (tribunal).
S. 2 principle the tribunal informed of open and transparent manner.
The president of the tribunal and the general Secretariat are responsible for the information, unless this regulation provides otherwise.
S. 3 press service the tribunal has a service of press attached to the general Secretariat.
Section 2 Information office art. 4 delivery of the judgments the tribunal makes available to the public the cover page and the device for all its judgments during 30 days after their notification and the lifting of the embargo in accordance with art. 42 TAFL.
The tribunal makes its judgments available to the public in a non-anonymous form, unless protection of the personality or other public or private interests do not impose their anonymization.
Judgments are made available to the public in printed form or electronically.
S. 5 publication of judgments the Court publishes its judgments in an electronic database, and in an official collection. The official compendium of the judgments of the Court judgments of the Swiss federal administrative court (ATAF)"is published on paper and in electronic form.
S. 6 the material stops stops database are published in the electronic database.
Formal decisions are reported if they are of interest to the public.
The judgments are published in their entirety.
Access to the database is free.
S. 7 official reports of judgments of the Court are published in the official collection of judgments of the Court judgments entered into force who have a significant scope, particularly for the development of the law. The following principles shall apply: a. the decision is preceded by a summary (document) in three languages; with regard to judgments given in Romansh, the summary must also be drafted in that language; b. the elements of the State of fact necessary to the understanding of the recitals in law are summarized in the main; c. recitals in law are abbreviated if necessary or are only partially published.
Access to the official collection of judgments of the tribunal on paper is paying. Access to the official compendium of the judgments of the Court in electronic form can be paid.
S. 8 anonymizing the tribunal publishes its judgments in anonymous form. Art. 4 is reserved.
The publication of the names of the parties is authorized, particularly when they are already known, that no interest worthy of protection is clearly affected or that the parties have given their agreement. The instructor judge collects the concurrence of the parties.
The Conference of presidents rule skills, the procedure and the arrangements for anonymization.
S. 9 editorial of the official collection of judgments of the tribunal Committee the Conference of presidents appoints a drafting committee responsible for ensuring the consistency of the official compendium of the judgments of the Court. The commission consists of one 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 has organises itself.
The decisions on legal matters resolved pursuant to art. 25 TAFL are forwarded to the commission for publication. In all other cases, the Editorial Committee decides, on a proposal from the competent court, the publication of a judgment in the official compendium of the judgments of the Court. It may propose the publication of a particular judgment.
The Editorial Committee shall ensure that the decisions proposed by the courts is published a coordinated and consistent manner. It lays down guidelines to that effect after consulting the Conference of presidents.
Members of the Editorial Committee are discharged from their judicial duties, insofar as the performance of their activity so requires.
Section 3 Information on request art. 10 information anyone who wants information must make the request to the press service of the general Secretariat. It answers directly or passes the request to the competent body.
S. 11 access to official documents the body of an official document may authorize access under the law of 17 December 2004 on transparency. As a general rule, is answered in oral and oral applications in writing to written enquiries.
If access is to be limited, delayed or refused, the application is forwarded to the administrative Commission. The mediation procedure is excluded.
The administrative Commission shall decide on written requests in making a decision within the meaning of art. 5 of the Federal Act of 20 December 1968 on administrative procedure.
The tribunal's data protection officer acting as Advisor to transparency within the meaning of art. 20 by order of 24 May 2006 on transparency. It is also responsible to report within the meaning of art. 19 of the Act of December 17, 2004 on transparency.
The charging of fees is governed by the rules of 21 February 2008 on the administrative fees of the federal administrative court. If the regulation makes no provision applicable, the tariff of fees annexed to the Ordinance of 24 May 2006 on transparency applies.
For the rest, the Ordinance of 24 May 2006 on transparency shall apply by analogy.
SR 152.3 RS 172.021 RS 152.31 RS 173.320.3 Section 4 Chronicle of judicial activity art. 12 principle anyone is the Chronicle of the judicial activity of the tribunal is required to consider the interests worthy of protection of the participants in the proceedings, in particular their private sphere.
S. 13 accreditation journalists who intend to keep the Chronicle of the activity established or judicial of the tribunal for the media appearing in Switzerland must apply for accreditation in writing to the general Secretariat. The application may be limited to the Chronicle of the judicial activity of some courts.
The accreditation is awarded if: a. the applicant is already accredited to the federal court or the federal criminal court. the application must be accompanied by proof of this accreditation, a curriculum vitae and a photograph; b. the applicant fulfils the conditions for enrolment in the professional register; the request must be accompanied by a curriculum vitae and a photograph, as well as a folder containing map of journalist, a certificate from the employer or any other document equivalent.
Accreditation may be refused where there are serious doubts that seeking the is not trustworthy.
S. 14 duration and revocation of accreditation accreditation is granted for a period of four years or, if it has already started, for the remaining period. Journalists must request renewal of their accreditation in time.
The general Secretariat revokes accreditation when its granting conditions are no longer fulfilled.
S. 15 legitimation card accredited journalists receive a legitimation card.
The legitimation card must be made immediately after the revocation or the expiry of the accreditation.
S. 16 provision of services of the tribunal the tribunal provides for accredited journalists following services: a. communication of the public hearings dates; b. on request, communication of facts concerning cases for which discussions or of public deliberations are entered in the order of the day; c. discount decisions intended for publication in the official of the judgments of the Court collection; d. delivery of judgments that from the point of view of journalists or the Court particular to the public interest; e. upon request, information on the progress of the procedure (suspensive effect, discontinuance, resumption of cause), provided the president of court or competent Chamber has given its consent; f. presentation of the report before its publication; g. delivery of press releases; h. free access to paid databases , using a personal code.
The stops in the al. 1, let. c, are provided prior to their publication in the electronic database; If necessary, an embargo is put.
The delivery of judgments under para. 1, let. (d), takes place at the same time as sending stops at the parties; an embargo is placed.
S. 17 ban the Court may put an embargo on the Chronicle of judicial activity.
As a general rule, the embargo ends at 12: 00 the seventh day following the sending of the judgments to the parties (day of sending not included).
The embargo is no longer valid when, before the due date, the public has already had knowledge of the content of the judgment by an another source of information.
S. 18 penalties accredited journalists who violate the provisions of this regulation in a faulty manner may be subject to a warning.
In severe cases, accreditation may be temporarily suspended or permanently revoked.
Section 5 provisions finals s. 19 repeal of the duty in force regulation of December 11, 2006, of the federal administrative court on information is hereby repealed.
[2006 5315 RO]
S. 20 entry into force this Regulation comes into force on June 1, 2008.
2008 2221 RS 173.32 RO