Invalid Delegation of Legislative Competence for Employment Conditions to the Administrative Commission of the Psychiatric Services of Graubünden

Facts

The Federal Supreme Court decided that Art. 12 para. 2 sentence 1 of the Act on the Organisation of the Cantonal Psychiatric Services and Residential Homes for Persons with Mental Disabilities of the Canton of Graubünden (Psychiatric Organisations Act, POG) violates the principles of the separation of powers and legality. The Graubünden Cantonal Constitution transfers the competence to enact important implementing regulations to the Grand Council, while the Government is only responsible for the implementing law of lesser importance. This division of competences must also apply to the delegation of legislation to independent institutions. The delegation of the entire regulatory competence in the area of employment to the Administrative Commission of the Psychiatric Services of Graubünden, as stipulated in Art. 12 para. 2 sentence 1 POG, does not meet these requirements.

Considerations

The Federal Supreme Court states that the Graubünden Cantonal Constitution does not assign any legislative competence to independent public law institutions. They can only legislate to the extent that the regulatory competence has been validly transferred to them. Art. 12 para. 2 sentence 1 POG is to be understood as a delegation norm. However, the Cantonal Constitution does not allow such far-reaching legislative…