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RS 173.711.2 Order of the Federal Assembly of 13 December 2002 concerning the working reports and the treatment of judges of the Federal Administrative Tribunal, ordinary judges of the Federal Criminal Court and ordinary judges of the Federal Court

Original Language Title: RS 173.711.2 Ordonnance de l’Assemblée fédérale du 13 décembre 2002 concernant les rapports de travail et le traitement des juges du Tribunal administratif fédéral, des juges ordinaires du Tribunal pénal fédéral et des juges ordinaires du Tribunal fédéral

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173.711.2

Order of the Federal Assembly

Concerning the working reports and the treatment of judges of the Federal Administrative Tribunal, ordinary judges of the Federal Criminal Court and ordinary judges of the Federal Patent Court

(Judges Ordinance) 1

On 13 December 2002 (State 1 Er July 2015)

The Swiss Federal Assembly,

See art. 46, para. 3, of the Act of 19 March 2010 on the organisation of the criminal authorities 2 , 3 See art. 13, para. 3, of the Act of 17 June 2005 on the Federal Administrative Tribunal 4 , given art. 17 of the Law of 20 March 2009 on the Federal Patent Court 5 , given the message of the Federal Council of 28 February 2001 6 , having regard to the supplementary report of the Committee on Legal Affairs of the Council of States of 23 May 2002 7 , 8

Stops:

Section 1 Purpose

Art. 1 1

This order regulates the working reports and the treatment of judges of the Federal Administrative Tribunal, ordinary judges of the Federal Criminal Court and ordinary judges of the Federal Patent Court.


1 New content according to Art. 2 hp. 2 of the Ass O. Fed. Of Dec 13. 2013 on the daily allowances and travel allowances of the alternate judges of the TPF, in force since 1 Er Jan 2014 ( RO 2013 5379 ; FF 2013 2619 2633).

Section 2 Conclusion and termination of employment reports

Art. 2 Conclusion of the Working Reports

1 The working reports of a judge of the Federal Criminal Court are based on his election by the Federal Assembly, which he must have accepted.

2 The details of the working reports (start, rate of occupation, initial treatment, occupational foresight) are generally pre-determined by the Judicial Commission, subject to the election by the Federal Assembly.

Art. 3 1 Function Period

The period of office is governed by s. 9 of the Act of 4 October 2002 on the Federal Criminal Court, art. 9 of the Act of 17 June 2005 on the Federal Administrative Tribunal and Art. 13 of the Law of 20 March 2009 on the Federal Patent Court.


1 New content according to Art. 2 of the O of 20 March 2009 on the judges of the TFB, in force since 1 Er March 2010 ( RO 2010 529 ; FF 2008 373 ).

Art. 4 Termination

1 The judge may terminate his employment reports at the end of each month for a period of six months' leave.

2 The Judicial Commission may, in special cases, grant the judge a shorter period of leave when no essential interest is opposed.

Section 3 Treatment

Art. 5 Processing

1 The treatment of judges corresponds to class 33 provided for in art. 36 of the Order of 3 July 2001 on the personnel of the Confederation 1 .

2 In determining the initial treatment of a judge, the Judicial Commission takes into account the first chief of his age. In addition, it takes appropriate account of its training and professional and extra-professional experience as well as the labour market. The initial salary is at least 70 % of the maximum amount of treatment class 33 within the meaning of s. 36 of the Order of 3 July 2001 on the personnel of the Confederation. 2 3

3 To 1 Er January of each year, the treatment of judges increases by 3 % of the maximum amount of treatment class 33, up to that amount. 4


1 RS 172.220.111.3
2 New Content of 3 Th Sentence according to c. I of the Ass O. Fed. On 16 March 2012, in force since 1 Er Apr 2012 ( RO 2012 1461 ; FF 2011 8255 8273).
3 New content according to the c. I of the Ass O. Fed. On 6 October 2006, in force since 1 Er January 2007 ( RO 2006 4217 ; FF 2006 2115 ).
4 New content according to the c. I of the Ass O. Fed. On 16 March 2012, in force since 1 Er Apr 2012 ( RO 2012 1461 ; FF 2011 8255 8273).

Art. 6 1 Presidential Allocations

1 The President of the Federal Criminal Court, the President of the Federal Administrative Tribunal and the President of the Federal Patent Court receive an uninsured presidential allocation of 30 000 francs per year. 2

2 The Vice-President of the Federal Criminal Court and the Vice-President of the Federal Administrative Tribunal, as well as the Vice-President of the Federal Patent Court, when he is ordinary judge, receive an uninsured presidential allocation of 20 000 Francs per year. 3

3 The presidents of the courts of the Federal Criminal Court and the presidents of the courts of the Federal Administrative Tribunal receive an uninsured presidential allocation of 10,000 francs per year.

4 The Presidents of the Chambers of the Federal Administrative Tribunal receive an uninsured presidential allocation of 5000 francs per year. 4

5 The judge holding several presidential functions receives only the highest allowance. 5


1 New content according to Art. 2 of the O of 17 June 2005 on posts of judges, in force since 1 Er Jan 2007 ( RO 2006 2627 , FF 2004 4481 ).
2 New content according to the c. I of the Ass O. Fed. On March 19, 2010, effective from 1 Er Apr 2010 ( RO 2010 1213 ; FF 2010 1563 1575).
3 New content according to the c. I of the Ass O. Fed. On March 19, 2010, effective from 1 Er Apr 2010 ( RO 2010 1213 ; FF 2010 1563 1575).
4 Introduced by ch. I of the Ass O. Fed. On 6 Oct. 2006, effective from 1 Er Jan 2007 ( RO 2006 4217 ; FF 2006 2115 ).
5 Introduced by ch. I of the Ass O. Fed. On 6 Oct. 2006, effective from 1 Er Jan 2007 ( RO 2006 4217 ; FF 2006 2115 ).

Art. 6 A 1 Function Allowance 2

1 The members of the Administrative Commission receive an uninsured allocation of 10,000 francs per year.

2 Any member of the Administrative Commission who also performs a presidential function shall receive only the highest allocation.

3 The s. 1 and 2 shall apply mutatis mutandis to ordinary judges members of the Administrative Commission 3 The Federal Patent Court. 4


1 Introduced by ch. I of the Ass O. Fed. On 6 Oct. 2006, effective from 1 Er Jan 2007 ( RO 2006 4217 ; FF 2006 2115 ).
2 New content according to the c. I of the Ass O. Fed. On March 19, 2010, effective from 1 Er Apr 2010 ( RO 2010 1213 ; FF 2010 1563 1575).
3 The designation of the administrative unit has been adapted in accordance with Art. 12 al. 2 of the Official Publications Act of June 18, 2004 (RS 170.512 ). This mod has been taken into account. Throughout the text.
4 Introduced by ch. I of the Ass O. Fed. On March 19, 2010, effective from 1 Er Apr 2010 ( RO 2010 1213 ; FF 2010 1563 1575).

Art. 7 Residency allowance, compensation for costs, allowances for assistance

The residence allowance, the increase in the cost of the increase and the allowance for assistance are allocated in accordance with the provisions on staff working reports of the federal government.

Art. 8 Treatment of part-time judges

The salary, residence allowance and allowances of part-time judges are adapted to their degree of occupation.

Section 4 Social benefits

Art.

1 The benefits payable by the employer to the judges in the case of incapacity to work due to sickness, accident, invalidity, military service, civil protection or civil service and maternity as well as the employer's benefits To pay to survivors in the event of the death of a judge are granted in accordance with the provisions of the staff working reports of the federal government.

2 Judges are insured with the pension fund PUBLICA (the Provident Fund of Confederation) up to the age of 65 against the economic consequences of old age, disability and death. 1

3 At the request of a judge, old-age pension is maintained beyond the age of 65 and up to the legal age for cessation of activity. In this case, the competent court funds the employer's savings contributions. 2


1 Introduced by ch. I of the Ass O. Fed. On 16 March 2012, in force since 1 Er Apr 2012 ( RO 2012 1461 ; FF 2011 8255 8273).
2 Introduced by ch. I of O'S ' Ass. Fed. On 16 March 2012, in force since 1 Er Apr 2012 ( RO 2012 1461 ; FF 2011 8255 8273).

Section 5 Working Time, Vacation and Leave

Art. 10 1 Working Time

1 The confidence-based work schedule and the corresponding offsets are governed by the provisions on staff working reports of the federal government. Exceptions to the award of a cash benefit require the approval of the Administrative Panel of the court or tribunal management.

2 The occupancy rate for part-time positions is determined on a full-time basis of 42 hours per week.


1 New content according to the c. I of the Ass O. Fed. On 16 March 2012, in force since 1 Er Apr 2012 ( RO 2012 1461 ; FF 2011 8255 8273).

Art. 11 Vacation

1 In calendar years, judges are entitled to vacation:

A.
5 weeks up to the calendar year in which they reach the age of 49;
B.
6 weeks from the calendar year in which they reach the age of 50;
C.
7 weeks from the calendar year in which they reach the age of 60.

2 In principle, the holiday must be taken during the calendar year in which the right to vacation begins. If this is not possible, they should be taken the following year.

Art. 12 Congés

1 The Administrative Commission of the Court or the Directorate of the Court may, upon request, grant leave to a judge. 1

2 In its assessment of the application, it takes into account the leave provisions applicable to personnel in the federal government.


1 New content according to the c. I of the Ass O. Fed. On 16 March 2012, in force since 1 Er Apr 2012 ( RO 2012 1461 ; FF 2011 8255 8273).

Section 6 Fees

Art. 13

1 Judges shall be compensated for the excess of expenses resulting from their professional activity.

2 The rates set by the Federal Department of Finance for the staff of the Confederation shall be applied by analogy for:

A.
Meals, accommodation and transportation costs;
B.
Foreign service travel;
C.
Participation in international conferences;
D.
Moving for service reasons;
E.
Hospitality expenses.

Section 7 Obligations of judges

Art. 14 Home

Judges must be domiciled in Switzerland.

Art. 15 Function secret

1 Judges are obliged to keep the secrecy of the function on all the facts of which they have been informed in the exercise of their function and which are, by their nature, confidential.

2 The Administrative Commission of the Court or the Directorate of the Court shall act as the competent superior authority to free up the secrecy of the function (art. 320, c. 2, of the Penal Code 1 ). 2


1 RS 311.0
2 New content according to the c. I of the Ass O. Fed. On 16 March 2012, in force since 1 Er Apr 2012 ( RO 2012 1461 ; FF 2011 8255 8273).

Section 7 A 9 Compensation for dissolution of work reports

Art. 15 A

1 The Administrative Commission or the Directorate of the Court may grant to the judge whose working reports are dissolved an allowance corresponding to one year's salary at the most if the situation warrants. It takes into account, in particular, the age, the professional and personal situation, the duration of the function and the circumstances of the dissolution of the working reports.

2 The granting of compensation must be approved by the Federal Chambers' Delegation of Finance.

3 The award of compensation shall be excluded when the judge:

A.
Leaves office because he has reached the statutory retirement age;
B.
Is dismissed or is not re-elected for a serious breach of his duties as a function; or
C.
On his own initiative, has terminated the working relationship or is not a candidate for re-election.

4 The allowance is allocated in the form of a capital benefit.

5 The beneficiary must return all or part of the allowance:

A
A return of employment reports within one year of the dissolution of the working relationship; and
B.
If the Administrative Commission or the direction of the court requires it to take into account the amount of the allowance, the number of months without work reports and the amount of the new salary.

Section 8 Final provision

Art. 16

This Order of the Federal Assembly comes into force at the same time as the Federal Act of 4 October 2002 on the Federal Criminal Court on 4 October 2002. Er August 2003.

Transitional Provision for the Amendment of 6 October 2006 10

Art. 5, para. 3, in its content of 6 October 2006, does not apply by analogy to the judges of the Federal Criminal Court who were elected by the Federal Assembly on 1 July 2006. Er October 2003 as from the beginning of their second function period.


RO 2003 2159


1 New content according to Art. 2 hp. 2 of the Ass O. Fed. Of Dec 13. 2013 on the daily allowances and travel allowances of the alternate judges of the TPF, in force since 1 Er Jan 2014 ( RO 2013 5379 ; FF 2013 2619 2633).
2 RS 173.71
3 New content according to the c. I of the Ass O. Fed. On 16 March 2012, in force since 1 Er Apr 2012 ( RO 2012 1461 ; FF 2011 8255 8273).
4 RS 173.32
5 RS 173.41
6 FF 2001 4000
7 FF 2002 5487
8 Update as per c. I of the Ass O. Fed. On March 19, 2010, effective from 1 Er Apr 2010 ( RO 2010 1213 ; FF 2010 1563 1575).
9 Introduced by c. I 1 of the Ass O. Fed. Of 19 June 2015 concerning the compensation paid in the event of the dissolution of the working reports, in force since 1 Er Jul. 2015, applicable for 1 Era Elections from 2015 ( RO 2015 2057 ; FF 2015 2047 2069).
10 RO 2006 4217 ; FF 2006 2115


State 1 Er July 2015