NCJ Number
59521
Journal
INTERNATIONAL JOURNAL OF LAW LIBRARIES Volume: 5 Issue: 3 Dated: (NOVEMBER 1977) Pages: 339-346
Date Published
1977
Length
8 pages
Annotation
THE ORGANIZATIONAL STRUCTURE OF THE SWISS FEDERAL COURT SYSTEM IS DISCUSSED; THE ELECTION OF JUDGES, THE QUESTION OF JUDICIAL REVIEW, AND THE COURT'S PROCESS OF DECISIONMAKING ARE EMPHASIZED.
Abstract
THE SEAT OF THE FEDERAL COURT IS LAUSANNE, SWITZERLAND. THE COURT IS COMPOSED OF 28 JUDGES AND 15 SUBSTITUTES, EACH ELECTED FOR A 6-YEAR TERM BY THE FEDERAL ASSEMBLY IN JOINT SESSION. ONLY LAWYERS ARE ELECTED FEDERAL JUDGES; PARLIAMENT ELECTS A SENIOR JUDGE WHOSE TERM LASTS FOR 2 YEARS. SWITZERLAND HAS A UNITARY COURT SYSTEM, RATHER THAN A DUAL SYSTEM WITH PARALLEL STATE AND FEDERAL COURTS. LITIGATION NORMALLY STARTS ON THE CANTONAL LEVEL, SUCH AS THE CANTONAL DISTRICT COURTS. FROM THOSE CANTONAL AUTHORITIES, CASES CAN BE BROUGHT TO THE FEDERAL COURT. IN ADDITION TO THOSE CASES, THE FEDERAL COURT ALSO REVIEWS CASES BROUGHT FROM FEDERAL ADMINISTRATIVE AGENCIES OR DEPARTMENTS. IN SOME RARE INSTANCES, THE FEDERAL COURT HAS ORIGINAL AND FINAL JURISDICTION. THE COURT IS DIVIDED INTO FOUR MAJOR DIVISIONS INCLUDING THE PUBLIC AND ADMINISTRATIVE LAW DIVISION, THE FIRST CIVIL DIVISION, THE SECOND CIVIL DIVISION, AND THE COURT OF CRIMINAL CASSATION. THE FEDERAL COURT HAS THE POWER TO REVIEW THE CONSTITUTIONALITY OF CANTONAL LEGISLATION AND ACTS. COURT PROCEDURES ARE PRIMARILY WRITTEN, WITH CASES DECIDED ON THE BASIS OF WRITTEN APPEALS OR PETITIONS AND WRITTEN REPLIES. THE PRESIDING JUDGE OF A DIVISION APPOINTS FOR EACH CASE A JUDGE-REPORTER WHO PREPARES A WRITTEN SUMMARY OF THE FACTS, THE ARGUMENTS, AND THE PROPOSED SOLUTION: COUNTERPROPOSALS MAY BE WRITTEN IF A PARTICIPATING JUDGE IS IN STRONG DISAGREEMENT WITH THE JUDGE-REPORTER'S WORK. AFTER 4 WEEKS OF STUDY, THE CASE COMES UP FOR DEBATE AND DECISION, USUALLY IN PUBLIC SESSION. THE FEDERAL COURT LIBRARY MAINTAINS AN EXTENSIVE COLLECTION OF SWISS FEDERAL AND CANTONAL LAW INCLUDING LEGISLATIONS, CASE REPORTS, COMMENTARIES, MONOGRAPHS, LAW REVIEWS, AND ARTICLES. FOREIGN LAW MATERIALS ARE LESS COMPLETE. THE LIBRARY PRESENTLY CONTAINS 105,000 VOLUMES AND 600 PERIODICALS. FOOTNOTES ARE PROVIDED IN THE ARTICLE. (LWM)