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The Judiciary: the Federal Supreme Court
The supreme judicial authorities in Switzerland is the Federal Supreme Court in Lausanne and Lucerne. The Federal Criminal Court in Bellinzona and the Federal Administrative Court in Berne (in 2012, it is planned to move this court to a permanent location in St. Gallen) are new federal courts of the first instance.The Federal Supreme Court has various tasks, including
- guaranteeing the protection of law for those seeking justice in specific cases,
- ensuring the uniform application of federal law,
- contributing to the development of the law.
The Federal Supreme Court examines appeals on whether decisions of the highest cantonal courts and subordinate federal authorities comply with the applicable law. It rules as the court of the last instance on legal disputes based on private law, criminal law and constitutional and administrative law. Decisions that have a bearing on fundamental rights can be referred to the European Court of Human Rights in Strasbourg. The Federal Supreme Court also ensures that the rules that apply to lawmaking, to the application of the law and to legal precedent are complied with. The Federal Supreme Court does not, however, exercise supervisory control over other judicial authorities in Switzerland.
38 Federal Supreme Court judges and thirty part-time judges work in the five sections of the Federal Supreme Court in Lausanne. They are assisted by around two hundred members of staff. The Federal Insurance Court in Lucerne constitutes an organisationally independent section of the Federal Supreme Court. Its eleven Federal Supreme Court judges and eleven substitute judges are responsible for the application of social insurance law, which forms part of administrative law.
The Federal Supreme Court judges, each affiliated to a political party, are appointed by the United Federal Assembly according to linguistic and regional criteria and approximately in proportion to the level of party representation in parliament. They have a term of office of six years.
As part of the reform of the justice system, two new federal courts of the first instance have been established. The Federal Criminal Court in Bellinzona, which has eleven judges, began its work on 1 April 2004. It sits in judgement in criminal cases of the first instance which fall within the jurisdiction of the Confederation. The Federal Administrative Court began its duties in 2007 and has its seat in Bern. In 2012, it is planned to move the court to a permanent location in St. Gallen. It hears appeals against rulings made by the Federal Administration.
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