Federal Supreme Court

The Federal Supreme Court rules in the highest instance on legal disputes between citizens, between citizens and the state, between cantons as well as between the federal government and the cantons. These disputes may concern matters in civil, criminal, administrative and social law.

Film about the Federal Supreme Court

Functions of the Federal Supreme Court

In general, it definitively examines decisions of lower courts
As the highest judicial authority, the Federal Supreme Court rules on appeals against decisions of the highest cantonal courts, the Federal Criminal Court, the Federal Administrative Court and the Federal Patent Court. It examines whether they have applied the law correctly. In the case of human rights issues, an appeal can be lodged at the European Court of Human Rights.

It ensures uniform application of the law
Through its decisions, the Federal Supreme Court ensures uniform application of federal law. It protects the constitutional rights of citizens. The other courts and the administrative authorities align themselves with its decisions.

It contributes to the development of law
If the Federal Supreme Court has to rule on a legal question that is not or not clearly regulated by the law, it contributes to the development of the law through its case law. This can lead to parliament reformulating a law.

Organization of the Federal Supreme Court

The Federal Supreme Court is divided according to legal areas. It consists of

two public law divisions (e.g. taxes, political rights)
two civil law divisions (e.g. contract law, family law)
a criminal law division
two social law divisions (e.g. accident and disability insurance).

38 ordinary and 19 substitute judges work at the Federal Supreme Court. They are assisted by 350 other employees (including around 150 court clerks).

The Federal Supreme Court is represented externally by its president. The whole court (all 38 federal judges) decides on the most important questions. The seat of the Federal Supreme Court is in Lausanne. For historical reasons, the two social law divisions are located in Lucerne.

President: Martha Niquille

Scheduled dates for public hearings
www.bger.ch

Particularities of the Federal Supreme Court

Usually in writing
The proceedings before the Federal Supreme Court are generally in writing. The competent judge studies the case and submits a written draft decision to the other judges involved in the case. If all the judges agree, the decision is rendered. If they do not all agree, a public hearing is scheduled.

Transparent
During a public hearing, the judges discuss the case, often in the presence of the parties to the dispute, media representatives or visitors. At the end, the judges vote by show of hands. All judgments of the Federal Supreme Court are published on the Internet. Film sequences of public hearings are published when they are of particular interest to the public.

No independent examination of the facts of the case
The Federal Supreme Court examines legal issues. In principle, it bases its findings on the facts as they were established by the lower courts.

Multilingual - three or five judges
The judges of the Federal Supreme Court come from all linguistic regions of Switzerland. During public hearings, they speak in their mother tongues. The decisions are written either in German, French or Italian and are not translated. As a rule, three judges decide on a case and five when the case raises legal questions of fundamental importance or upon the request of a judge.

Cantonal courts or the federal courts of first instance rule in the first and second instance. If the concerned parties do not agree with a decision, they can take their case to the Federal Supreme Court. The Federal Supreme Court Act regulates the conditions under which an appeal is possible.