Facts
The Basel Association of Assistant and Senior Physicians (VBAO) filed a constitutional complaint against the Canton of Basel-Stadt due to an ordinance amendment that regulates the employment conditions of assistant and senior physicians at public hospitals. The ordinance amendment of September 15, 1998, led to an adjustment of salaries to inflation and a redefinition of the salary scale. The VBAO complained of a violation of the separation of powers and equal treatment under the law.
The ordinance amendment was based on § 1 para. 3 of the 1995 Salary Act and § 1 para. 3 of the 1968 Civil Servants Act. The Basel-Stadt Cantonal Council had issued the ordinance amendment to adjust the salaries of assistant and senior physicians to the salary classes according to the Salary Act.
The VBAO argued that the ordinance amendment constituted a violation of the separation of powers, as it was based on an insufficient delegation norm and the salary cuts were not covered by the statutory basis. Furthermore, the VBAO complained of a violation of equal treatment under the law, as the salary cuts were made unilaterally to the detriment of assistant and senior physicians.
Considerations
The Federal Court examined the constitutionality of the ordinance amendment and came to the conclusion that the separation of powers was not violated. The ordinance amendment was based on a sufficient delegation norm, and the salary cuts were covered by the statutory basis.
The Federal Court stated that salaries in public service law do not necessarily have to be fixed in a formal statute, but that it is common and constitutionally permissible to concretize the rights and…