Federal Supreme Court of Switzerland
Federal Supreme Court of Switzerland
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Federal Supreme Court of Switzerland

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Federal Supreme Court of Switzerland

The Federal Supreme Court of Switzerland (German: Bundesgericht [ˈbʊndəsɡəˌʁɪçt] ; French: Tribunal fédéral [tʁibynal fedeʁal]; Italian: Tribunale federale [tribuˈnaːle fedeˈraːle]; Romansh: Tribunal federal; sometimes the Swiss Federal Tribunal) is the supreme court of the Swiss Confederation and the head of the Swiss judiciary.

The Federal Supreme Court is headquartered in the Federal Courthouse in Lausanne in the canton of Vaud. Two divisions of the Federal Supreme Court, the third and the fourth public law division (until the end of 2022 the first and second social law division and formerly called Federal Insurance Court, as an organizationally independent unit of the Federal Supreme Court), are located in Lucerne. The Federal Assembly elects 40 justices to the Federal Supreme Court. The current president of the court is François Chaix.

The Federal Supreme Court is the final arbiter on disputes in the field of civil law (citizens-citizens), the public arena (citizen-state), as well as in disputes between cantons or between cantons and the Confederation. The Supreme Court's decisions in the field of human rights violations can be appealed to the European Court of Human Rights in Strasbourg.

As a state agency, the Federal Supreme Court examines the uniform application of federal law by the cantonal and federal courts of lower instance. It protects the rights that citizens have under the Federal Constitution. In the proceedings, the Federal Supreme Court examines the application of the law but does not examine the facts established by the lower courts, unless they are manifestly arbitrary.

When an appeal is filed, the Federal Supreme Court examines whether the law was correctly applied in the contested decision and thus ensures the uniform application of federal law throughout the country. Its decisions contribute to the development of the law and to its adaptation to new circumstances. The other courts and the administrative authorities use the decisions of the Federal Supreme Court as a reference and adopt their principles. Procedures before the Federal Supreme Court take place in writing. There are no court hearings with plaintiffs and defendants giving testimony and lawyers pleading their cases. The Federal Supreme Court bases its decisions on facts as they are established by the lower instances and described in the records of the previous proceedings. If the Federal Supreme Court concludes that a lower court has decided incorrectly, it overturns the contested decision and if necessary sends it back to the previous instance for a new decision. In addition to its work as the highest judicial authority, the Federal Supreme Court exercises administrative supervision over the Federal Criminal Court, the Federal Administrative Court and the Federal Patent Court.

According to the Constitution of Switzerland, the court has jurisdiction over violations of:

Because of an emphasis on direct democracy through referendum,[citation needed] the Constitution precludes the Federal Supreme Court from reviewing acts of the Federal Parliament, unless such review is specifically provided for by statute.[citation needed]

Decisions of arbitral tribunals constituted under Swiss law, such as the Court of Arbitration for Sport, can be appealed to the Federal Supreme Court, although judicial review is limited to a very narrow set of questions of law in such cases.

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