Facts
A journalist requested the Secretary General of the Swiss Federal Supreme Court, based on the Freedom of Information Act, to inspect the minutes of the Plenary Court and the Administrative Commission regarding the allocation of judges to the individual divisions and the adoption of the organizational regulations. The Secretary General rejected the request, whereupon the journalist filed a complaint with the internal Appeals Commission of the Federal Supreme Court.
Considerations
The Federal Supreme Court holds that the Freedom of Information Act applies "mutatis mutandis" to the Federal Supreme Court, insofar as it "performs administrative tasks or tasks in connection with the supervision of the Federal Administrative Court or the Federal Criminal Court". The composition of the divisions and related personnel matters are closely related to the core function of jurisdiction and go beyond mere administrative tasks, which is why the Secretary General rightly rejected the request for access in this regard.
However, the situation is different with regard to the request to inspect the minutes of the Plenary Court and the corresponding documents on the Court Regulations. Although the regulations form the basis for the court's self-organization, they are an act of judicial administration and are not directly related to the…