Legality of Restricting Contract Awards by Random Selection to Assessments with Three or More Disciplines

Facts

H., born in 1963, has been receiving a quarter disability pension from the Disability Insurance since February 2001. In October 2009, she requested a revision of the disability pension. The IV-Stelle Bern (Disability Insurance Office Bern) obtained various medical reports and recommended obtaining a rheumatological-psychiatric expert opinion. H. objected to the designated medical experts and made counterproposals.

The Administrative Court of the Canton of Bern dismissed the appeal filed against this. H. then filed an appeal in public law matters with the Federal Supreme Court.

Considerations

The Federal Supreme Court first clarified the legal question of whether the restriction of contract awards by random selection to assessments with three or more disciplines is lawful under Art. 72bis IVV. The majority of the two social law divisions answered this question in the affirmative.

The Federal Supreme Court states that the contract award by random selection, together with the further requirements according to BGE 137 V 210, neutralizes general concerns about dependence and bias. However, in the case of mono- and…