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Participation is not sole responsibility: The correct perspective on Ivo Kuster

A collegiate decision does not permit the automatic attribution of every line of reasoning to an individual member. In the case of Ivo Kuster, participation is documented; individual motives or individual positions are therefore not established.

Sun Sep 13
Source
01
Aktenchronologie Ferienregelung 2026 · Mai–August 2026

09/13/2026, 02:46:58 PM · Europe/Zurich · indexed · Mon Aug 03 · SHA-256 cf5265294762249e…

Fedlex – Swiss federal law ↗

A collegial decision does not permit the automatic attribution of every piece of reasoning to an individual member. In the case of Ivo Kuster, his participation is evidenced; individual motives or personal positions are therefore not evidenced.

What the source states

The decision names several judicial and court-clerk functions. This structure is central for classification: a deciding panel renders a decision as a court, whereas the files do not indicate for each reasoning which member introduced which sentence.

Delineation

For Ivo Kuster it can therefore be stated precisely that he participated in the circulation decision. It would not be precise, however, to ascribe to him a specific personal intent, an individual line of reasoning or sole responsibility without an additional source.

Transparency in the graph

LawReport maps this boundary technically: person, role, institution, action and source are linked; unsubstantiated motives are not stored as relations. This preserves the possibility of criticizing the decision without exceeding the evidentiary status.

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