I. Initial situation

There is the impression that public prosecutors, municipal offices, district councils and courts systematically reject or do not deal with complaints against officials in the area of child and adult protection law (KESB) and related authorities, even in cases of grossly negligent misconduct. The existing supervisory mechanisms therefore appear to be inadequate and are often perceived as a mere alibi exercise. There is also criticism that legally dominated authorities suppress justified criticism and use discretionary powers to block procedures in order to protect authorities or certain social groups.

II Objective of the reforms

• Strengthening the independence and transparency of supervisory authorities

• Ensuring objective and fair processing of complaints against civil servants

• Promotion of interdisciplinary specialists in child and adult protection
• Prevention of abuse of power and systematic favoritism within the judiciary
  
  

III. reform proposals

1. create an independent supervisory body

• Establishment of an external, independent complaints and control body for misconduct by officials in sensitive areas such as KESB, KJZ and district councils.

• This body should have a diverse range of staff, in particular experts from the fields of social work, psychology and education.

• Obligation to publish annual reports on complaints, decisions and measures taken.
  
  

2. mandatory external audits of public prosecutors’ offices

• Introduction of regular, independent audits to review the practice of discontinuing proceedings without examining the facts in the case of complaints against public officials.

• Transparent obligation to give reasons for such appointments, which must be verifiable by an external body.
  
  

3. strengthen expertise in authorities

• Increase the proportion of non-legal specialists in KESB, KJZ and similar institutions.

• Introduction of mandatory training to raise awareness of abuse of power and ethical conduct in office.
  
  

4. extend citizens’ rights of appeal

• Simplifying access to complaints and lawsuits against official misconduct.

• Introduction of ombudsman offices at cantonal level with real decision-making powers.
  
  

5. limit the discretionary powers of courts

• Clear legal requirements to limit the scope of discretion in proceedings involving public authorities.

• Obligation to provide written, comprehensible reasons for decisions, especially when proceedings are discontinued.
  
  

6. strengthen protection against conflicts of interest

• Obligation to disclose personal or institutional connections of decision-makers to the authorities concerned.

• Introduction of rotation models to avoid too close a link between the judiciary, administration and politics.
  
  

IV. Expected effects

• Increasing the population’s trust in state institutions

• More effective monitoring and punishment of misconduct in the public sector

• Promoting transparency and independence in the judicial system

• Strengthening civil rights and fairer procedures
  
  

V. Conclusion

The proposed reforms are intended to restore the balance of power between authorities and citizens and ensure a transparent, fair procedure for dealing with misconduct. Trust in the rule of law can only be strengthened in the long term through independent control mechanisms and diverse staffing in sensitive areas.

Our goal:

We are committed to a fundamental change in the legal framework, particularly in the area of family law. Only through clear reforms can we ensure that justice, transparency and proximity to citizens are once again at the heart of our system.