Violation of the duty of recusal of a cantonal judge who is also a municipal councillor

Facts

The city of Liestal submitted a request to the Cantonal Government of Basel-Landschaft for a hardship contribution from the cantonal resource equalization fund. The Cantonal Government rejected the request. The appeal filed by the city of Liestal against this decision was dismissed by the Cantonal Court of Basel-Landschaft. The Federal Supreme Court annulled the judgment of the Cantonal Court and remanded the case for a new assessment. The Cantonal Court again dismissed the appeal. The city of Liestal appealed against this judgment to the Federal Supreme Court.

Considerations

The Federal Supreme Court found that the participation of Cantonal Judge A., who is also a municipal councillor of municipality U., in the assessment of the city of Liestal's appeal against the decision of the Cantonal Government on the intercommunal financial equalization constitutes a violation of Art. 30 para. 1 of the Federal Constitution. As a member of the executive of another municipality,…