Facts
The appellant [A.] filed a complaint against the Judiciary Organisation Act of the Canton of Basel-Stadt of 3 June 2015 and the Organisational Regulations of the Criminal Court of Basel-Stadt of 16 December 2016. The FSCA consolidated the two proceedings 1C_187/2017 and 1C_327/2017 and decided as follows: - The FSCA did not enter into the complaint against the Judiciary Organisation Act, as the time limit for filing the complaint had expired. - With regard to the Organisational Regulations of the Criminal Court of Basel-Stadt, the FSCA concluded that the regulation on the composition of the adjudicating bodies in § 12 of the Regulations does not meet the constitutional requirements for an independent and impartial court. This provision was therefore annulled. - The Criminal Court of Basel-Stadt was obliged to find an interim solution for the composition of the adjudicating bodies immediately, e.g. by entrusting the President of Division A with this task. - The remaining complaints were dismissed.Considerations
The FSCA justified its decision as follows: The appellant complained that the Organisational Regulations of the Criminal Court allow the composition of the adjudicating bodies to be determined at will, which violates the right to the lawful judge under Art. 30(1) Cst. and Art. 6(1) ECHR. The Regulations delegate the task of composing the adjudicating bodies to the Court Registry A, without providing sufficient legal requirements for this. The FSCA stated that the composition of the adjudicating body is an essential act of judicial self-administration, which is central to the public's trust in the administration of justice. Insofar as the law grants discretion in the composition of the adjudicating…