Facts
A., born on May 2, 1952, was elected as a full-time member of the Administrative Court of the Canton of Zurich at the end of 1997 and was re-elected in the general elections of 2001, 2007 and 2013 each time on the proposal of the Inter-Party Conference by the Cantonal Council of Zurich. For the term of office 2019-2025, he again stood for re-election, informing the Inter-Party Conference that he wished to continue serving only until the age of 70. The Conference did not propose him for re-election. It based its decision on its resolution of November 1, 2010, according to which judges of the highest cantonal courts will no longer be proposed for re-election if they have already reached the age of 65 at the beginning of the new term of office. On June 24, 2019, the Cantonal Council elected two new part-time members of the Administrative Court on the proposal of the Inter-Party Conference instead of A.
Considerations
The Federal Supreme Court concludes that the practice of the Cantonal Council not to re-elect judges of the highest cantonal courts if they have already reached the age of 65 at the beginning of the new term of office is compatible with the principle of legality, even though the cantonal law does not contain any age-related regulation. The practice also does not violate the prohibition of discrimination. However, it allows for unequal treatment of office holders who have reached the age of 65 shortly before or shortly after the beginning of the new term of office, which violates the principle of equality. The latter can exercise their…