SWITZERLAND
   


Composition and structure
Court functions
Advisory function

 




Name of the institution : Federal Tribunal

President :
Mr. Arthur AESCHLIMANN

Address :
Case postale
CH - 1000 Lausanne 14
SWITZERLAND

Phone number :
+ 41 21 318 91 11

Fax :
+ 41 21 323 37 00

E-mail :
direktion@bger.admin.ch

Web site:
http://www.bger.ch

Composition and structure

Number of members :
30 federal full time judges and 30 deputy judges.

Recruitment procedure and incompatibilities :
The judges are elected by the Federal Assembly for renewable terms of six years.
The three languages of the Federation (german, french, italian) are represented.

Internal organization :
The Federal Tribunal operates as a supreme court ; it is constituted of two public law chambers (competent in constitutional and admininstrative matters), two civil law chambers and a criminal law chamber.

Publications :
Official Reports of the decisions of the Federal Tribunal (Arrêts du Tribunal fédéral (ATF)), whose first part (volumes IA and IB) deal with constitutional and admininstratif matters.

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Court functions

Jurisdiction :
Federal administrative law and constitutional law.

Organization of the courts system :
In administrative matters, the Court adjudicates in principle on appeal in last instance (reversal). However it tries in first and last instance the administrative law complaints against the federal State.

Powers of the judge :
In administrative matters : annulment (the case being referred to the inferior court) or reversal.

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Advisory functions

Existence and extent of an advisory authority :
In principle the Federal Tribunal has no advisory jurisdiction, but the Federal Council or one of its departments may require its opinion on a bill which is being prepared. During this " procedure of consultation ", the Court intervenes before the bill is submitted to the Parliament. Generally, the Court only insists on formal aspects. .

Authority and publicity of the advisory opinions :
The observations of the Federal Tribunal do not oblige the Federal Council and are not published.

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