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RS 173.110.132 Regulation of the Federal Court of 11 September 2006 on the supervision of the Federal Criminal Court, the Federal Administrative Tribunal and the Federal Patent Court (Federal Court Supervision Regulations, RSTF)

Original Language Title: RS 173.110.132 Règlement du Tribunal fédéral du 11 septembre 2006 relatif à la surveillance du Tribunal pénal fédéral, du Tribunal administratif fédéral et du Tribunal fédéral des brevets (Règlement sur la surveillance par le Tribunal fédéral, RSTF)

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173.110.132

Federal Tribunal, Federal Administrative Tribunal and Federal Patent Court Rules of Procedure of the Federal Tribunal 1

(Federal Tribunal Supervision Regulations, FSTF)

Du 11 septembre 2006 (Etat le 1 Er January 2012)

The Swiss Federal Court,

Having regard to art. 15, para. 1, let. A, and 17, para. 4, let. G, of the Federal Court Act of 17 June 2005 (LTF) 2 ,

Stops:

Art. 1 Jurisdiction

1 Administrative supervision is exercised by the Administrative Commission of the Federal Court. It has the support of the General Secretariat of the Federal Court.

2 The Administrative Commission may delegate to another member of the Federal Tribunal preliminary work and investigations for the purpose of monitoring.

3 High surveillance by the Federal Assembly is reserved.

Art. 2 Purpose and Purpose of Surveillance

1 Review all areas of management, in particular the management of the tribunal, the organization, the liquidation of files, and personnel and financial matters.

2 Case law is excluded from this monitoring.

3 The purpose of the supervision is to comply with the law, efficiency and economy of the tasks of the courts concerned.

Art. 3 Means of Monitoring

In order to carry out its monitoring, the Administrative Commission shall, in particular, have the following means:

A.
Review of the management report;
B.
Interviews with the courts and controls of the business process;
C.
Financial supervision;
D.
Investigations;
E.
Information to the authority exercising high surveillance;
F.
Processing of requests to the supervisory authority.
Art. 4 Management Report

1 The Federal Criminal Court, the Federal Administrative Tribunal and the Federal Patent Court address their management report to the Federal Court. 1

2 The report provides information on the composition of the courses, the nature and volume of the cases dealt with and the other topics under surveillance.


1 New content according to the c. I of the O du TF 6 oct. 2010, effective from 1 Er Jan 2012 ( RO 2011 2239 ).

Art. 5 Interviews and controls

1 The Administrative Commission organises periodic meetings with the Federal Criminal Court, the Federal Administrative Tribunal and the Federal Patent Court on the conduct of business and on matters of Common interest. 1

2 The courts are required to provide the necessary information.

3 They shall inform the Administrative Commission of the events under surveillance.


1 New content according to the c. I of the O du TF 6 oct. 2010, effective from 1 Er Jan 2012 ( RO 2011 2239 ).

Art. 6 Financial Monitoring

Financial supervision is carried out by:

A.
Common financial planning over several years;
B.
Review and discussion of budget and annual accounts projects;
C.
Technical guidelines for budgeting and accounts.
Art. 7 Investigations

1 The Administrative Commission may order an investigation to clarify the facts.

2 The members and staff of the courts concerned are required to provide the requested information.

3 The result of the investigation is the subject of a report; the court concerned and, where appropriate, the persons affected, may decide on this report.

Art. 8 Communications to the High Surveillance Authority

1 Where the revocation of a member of the court is taken into account, the Administrative Commission may order a preliminary investigation.

2 Where, as a result of findings resulting from the monitoring activity or the findings of a preliminary investigation, the initiation of a revocation procedure appears appropriate, the Administrative Commission shall refer the matter to the relevant parliamentary committee.

Art. Requests to the Supervisory Authority

1 The Administrative Commission deals with applications that are critical of the cases of the Federal Criminal Court, the Federal Administrative Tribunal or the Federal Patent Court. 1

2 Monitoring interventions do not confer any party rights.

3 Remains the procedure in the event of a denial of justice and undue delay in respect of decisions subject to appeal under s. 94 LTF.


1 New content according to the c. I of the O du TF 6 oct. 2010, effective from 1 Er Jan 2012 ( RO 2011 2239 ).

Art. 10 Guidelines

1 The Administrative Commission shall issue the directives necessary for the proper execution of the supervision.

2 The Directives regulate in particular the following areas:

A.
Statistics;
B.
Staff;
C.
The management report;
D.
The annual budget and accounts;
E.
Processing of cases.

3 The courts are consulted before the directives come into force.

Art. 11 Service Collaboration

1 The Administrative Commission controls that the services of the Federal Courts cooperate appropriately and use synergies in the administrative field, in particular in the field of informatics, statistics, comparative values (benchmarking), court and personnel management.

2 The Secretary-General 1 Prepares an annual report on this collaboration.

3 The Federal Court represents federal courts at the Confederation Human Resources Conference.


1 In this Regulation, the generic masculine is used to refer to both sexes.

Art. 12 Establishing a report

The Federal Tribunal reports on its monitoring activity in its management report.

Art. 13 Procedure

Save as otherwise provided in this Regulation, those of the Federal Act of 20 December 1968 on administrative procedure 1 Are applicable by analogy.


Art. 14 Entry into force

This Regulation shall enter into force on 1 Er January 2007.



RO 2006 5659


1 New content according to the c. I of the O du TF 6 oct. 2010, effective from 1 Er Jan 2012 ( RO 2011 2239 ).
2 RS 173.110


State 1 Er January 2012