Facts
The amendment to the Swiss Civil Code (ZGB) of 19 December 2008 concerning adult protection, personal rights and child law will enter into force on 1 January 2013. In the Canton of Zurich, the Introductory Act of 25 June 2012 on Child and Adult Protection Law (EG KESR) regulates the organization and jurisdiction of the Child and Adult Protection Authority (KESB) as well as the procedure before the KESB and the judicial appeal bodies.
Pursuant to § 63 para. 1 EG KESR, appeals against decisions of the KESB are assessed in the first instance by the District Council. The Association of Democratic Jurists of Zurich (DJZ), Y. and Z. have filed an appeal in public law matters and request the repeal of § 63 para. 1 EG KESR.
Considerations
The Federal Supreme Court dismisses the appeal, insofar as it enters into it. It concludes that the District Council as an appeal body pursuant to Art. 450 para. 1 ZGB meets the requirements of a court within the meaning of Art. 30 para. 1 BV and Art. 6 No. 1 ECHR.
The federal legislator does not require the cantons to appoint a court in the formal sense as an appeal body against decisions of the KESB. The legislative materials show that a court in the material sense is sufficient, i.e. an…