Facts
The Securitas AG concluded a framework agreement with the Federal Office for Migration (FOM) for the provision of security services in asylum centers. A physical altercation occurred between employees of Securitas AG and an asylum seeker at the Reception and Procedure Center (RPC) Kreuzlingen. The asylum seeker applied for damages and satisfaction from Securitas AG and requested free legal aid. Securitas AG informed the Federal Department of Finance (FDF) that it considered itself an organization entrusted with public-law tasks of the Confederation and therefore had to rule on the claim for damages. The FDF ruled that the Confederation did not have to bear the costs of free legal aid.
The Federal Administrative Court dismissed the appeal by Securitas AG. Securitas AG lodged an appeal in public law matters with the Federal Court and repeated the application. The Federal Court publicly deliberated on the case and upheld the appeal.
Considerations
The Federal Court examined whether Securitas AG is an organization entrusted with public-law tasks of the Confederation within the meaning of Art. 19 GLA. It found that ensuring security in an asylum center established and operated by the Confederation is to be qualified as a public-law task of the Confederation. The framework agreement between Securitas AG and the FOM includes tasks such as checks, body searches, or dealing with recalcitrant persons, possibly even under the use of weapons.
The court examined whether the transfer of tasks provided for in the framework agreement can be based on a sufficiently specific formal legal basis. It found that the provisions of the AsylA and the ISA in force at the time did not provide a sufficient formal legal basis for the…