Kara Sears
Switzerland has a civil law legal system, which means that enacted or written law is the primary source of law. Swiss civil law is based on the Germanic law system and the French legal system, and it is divided into public and private law. Public law governs the organisation of the state and its relationships with private individuals or entities, while private law governs the relationships between individuals.
| Characteristics | Values |
|---|---|
| Type of Law | Civil Law |
| Basis | Germanic law system and French legal system |
| Structure | Three-layer system with Confederation, Cantons, and Municipalities |
| Hierarchy | Federal laws above cantonal laws, constitution governs over statutes, statutes above government and municipality legislation |
| Primary Source of Law | Enacted or written law |
| Divisions | Public law and private law |
| Public Law Sub-divisions | Constitutional Law, Administrative Law, Tax Law, Criminal Law, Criminal Procedure, Public International Law, Civil Procedure, Debt Enforcement and Bankruptcy Law |
| Private Law Sub-divisions | Status of Individuals, Family Law, Inheritance Law, Property Law, Contracts, Torts, Commercial Law |
| Legislative Instrument | Swiss Code of Civil Procedure |
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What You'll Learn
Swiss law is civil law
The Swiss Code of Civil Procedure, enabled in January 2011, is the main legal instrument of civil procedure. It consolidates laws and regulations from all judicial levels. The Swiss Civil Code, influenced by German and French civil codes, governs the status of individuals, family law, inheritance law, and property law. The Swiss Code of Obligations, enabled in 1912, contains laws on contracts and corporations, or private law.
Public law, which governs the organization of the State and its relationships with private entities, includes Constitutional Law, Administrative Law, Tax Law, Criminal Law, Criminal Procedure, Public International Law, Civil Procedure, Debt Enforcement, and Bankruptcy Law. Private law, on the other hand, governs the relationships between individuals.
Switzerland's Federal Administrative Court acts as an appellate body, reviewing decisions of the Federal Administration and, in certain cases, cantonal authorities. Federal judges are appointed by the Federal Assembly for six-year terms. Each canton and half-canton has its constitution, parliament, government, and courts, with direct democracy in the form of open-air citizen meetings in Appenzell-Innerrhoden and Glarus.
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Federal laws are above cantonal laws
Swiss law is a set of rules that constitutes the law in Switzerland. There is a hierarchy of political levels that reflects the legal and constitutional character of Switzerland. The Federal Constitution (SR 101 Art. 1, 3) and the principle of subsidiarity (SR 101 Art. 5a) establish that the Cantons of Switzerland are sovereign except where their sovereignty is limited by the Federal Constitution. This means that while the cantons exercise all rights that are not vested in the Confederation, their sovereignty is ultimately subject to the Federal Constitution and federal laws.
The Federal law in Switzerland consists of the Systematic Compilation (German: Systematische Sammlung des Bundesrechts (SR), French: Recueil systématique du droit fédéral (RS), Italian: Raccolta sistematica del diritto federale (RS), Romansh: Collecziun sistematica) and the Official Compilation of Federal Legislation (German: Amtliche Sammlung des Bundesrechts, AS; French: Recueil officiel du droit fédéral, RO; Italian: Raccolta ufficiale delle leggi federali, RU). The Systematic Compilation is the official compilation of all federal laws, ordinances, international and intercantonal treaties that are in force. It is published in the three official languages of Switzerland: German, French, and Italian. All three language editions are equally valid.
The Official Compilation of Federal Legislation, also known as the federal gazette, publishes various official texts of the federal government. It includes federal laws, ordinances, international and intercantonal treaties, and other federal decrees and decisions. The Federal Gazette (German: Bundesblatt, BBl; French: Feuille fédérale, FF; Italian: Foglio federale, FF) is another publication that releases various official texts of the federal government. These publications ensure that federal laws are accessible to the public in the official languages of Switzerland.
Cantonal laws, on the other hand, are issued by the cantonal parliaments. The cantonal parliaments have the primary task of legislating, which includes approving, rejecting, amending, or repealing laws. The extent of a commune's legislative power is determined by the relevant cantonal constitution. Larger communes may have their own parliament, while smaller communes typically have a communal assembly that approves new laws. While cantonal laws govern specific regions within Switzerland, they must align with the Federal Constitution and cannot override federal laws.
In conclusion, federal laws in Switzerland take precedence over cantonal laws due to the country's hierarchical political structure. The Cantons of Switzerland exercise sovereignty within the limits set by the Federal Constitution, and federal laws are at the apex of this legal framework. The federal laws are systematically compiled, published, and disseminated to ensure their accessibility and primacy in the Swiss legal system.
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The Swiss Federal Administrative Court acts as an appellate body
The Swiss legal system is primarily a civil law system, influenced by the German and French civil codes. The Swiss Federal Judiciary is composed of the Swiss Federal Tribunal (Supreme Court of Switzerland), the Swiss Federal Criminal Court, and the Swiss Federal Administrative Court.
The Swiss Federal Administrative Court's role as an appellate body is to provide a check on the executive branch by reviewing the decisions of the Swiss Federal Administration. This ensures that the administrative actions of the federal government are in accordance with the law and protects the rights of citizens. The Court's jurisdiction covers a range of issues, including infrastructure, education, health, economy, and asylum matters.
The Swiss Federal Administrative Court is an essential part of the Swiss legal system, ensuring the accountability of the federal administration and providing a mechanism for citizens to seek redress for administrative decisions. It contributes to the fairness and effectiveness of the Swiss legal system by providing an avenue for the resolution of disputes between citizens and the federal administration.
The Swiss Federal Administrative Court plays a crucial role in maintaining the balance of power between the executive and the judiciary, safeguarding the rights of citizens, and promoting good governance in Switzerland. Its decisions can have a significant impact on public policy and the interpretation and application of administrative law in the country.
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The Swiss Criminal Code abolished capital punishment
Swiss law is a set of rules that constitute the law in Switzerland. It is a civil law system, influenced by the German and French civil codes, but with its own distinct paradigm. The Swiss Criminal Code (SR 311) of 21 December 1937 is a federal law that came into effect on 1 January 1942. This code abolished capital punishment in Switzerland, marking a significant shift in the country's criminal justice system.
Prior to the Swiss Criminal Code, Switzerland was a confederacy of cantons, each with its own laws based on the Constitutio Criminalis Carolina (CCC). In 1798, French troops occupied most of Switzerland, implementing a uniform government and law based on the French Code Penal. This New Criminal Code abolished all methods of execution except beheading and introduced the guillotine. However, when French troops left in 1803, most cantons reverted to their old laws.
In the 19th century, cantons wrote their own penal codes, and capital punishment methods varied. During this time, cruel methods such as breaking by the wheel and burning at the stake were gradually abolished. The last persons to be executed by these methods were the Wandfluh brothers in 1823 and Susanna Elisabeth Weyeneth in 1829, respectively.
The Swiss Criminal Code of 1937 standardised the law across the country and abolished capital punishment in civil courts. The new code was ratified by referendum on 3 July 1938. The last person to be executed under the previous law was Hans Vollenweider, convicted of three murders and executed on 18 October 1940.
While federal criminal law abolished capital punishment in 1942, military criminal law retained it for treason and certain other offences. During World War II, 17 people were executed for spying for Nazi Germany. It wasn't until 1992 that military law also abolished capital punishment, bringing an end to all forms of state-sanctioned death penalty in Switzerland.
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The Swiss Civil Code governs the status of individuals
Swiss law is a set of rules that constitute the law in Switzerland. The Swiss Civil Code, also known as ZGB (Zivilgesetzbuch in German) or CC (Code Civil in French), is a vital component of the Swiss legal system. It was first adopted in 1907 and has been in force since 1912. The Swiss Civil Code is the primary source of private law in Switzerland, providing a comprehensive framework that governs the legal status and rights of individuals.
The code lays down the fundamental principles for various aspects of private law. This includes personal law, encompassing legal capacity, domicile, and civil status; family law, covering marriage, divorce, custody, and maintenance; inheritance law, including wills, succession planning, and estate administration; and property law, dealing with ownership, real estate, and possession.
One of the key roles of the Swiss Civil Code is to establish the legal foundation for individual rights. It ensures that individuals have a clear understanding of their legal rights and obligations, providing a secure framework within which they can conduct their personal and professional lives. The code also extends beyond individuals, impacting companies, entrepreneurs, and non-profit entities, particularly in areas such as property rights and corporate structures.
The Swiss Civil Code is part of the internal Swiss law, which includes "Private law—Administration of civil justice—Enforcement." This internal law reflects the hierarchy of political levels in Switzerland's federal structure. The Cantons of Switzerland retain sovereignty except where limited by the Federal Constitution, and they exercise all rights not vested in the Confederation.
Influenced by both the German and French civil codes, the Swiss Civil Code is recognised as a distinct paradigm of civil law by comparative law scholars such as K. Zweigert and Rodolfo Sacco. It was created by Eugen Huber and translated into the other two national languages at the time, French and German (Romansh was not yet official). The Swiss Civil Code is a cornerstone of Swiss law, providing a comprehensive and detailed framework that governs the relationships and legal status of individuals within the country.
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Frequently asked questions
Switzerland has a civil law legal system.
Enacted or written law is the primary source of Swiss law.
Swiss law is divided into public and private law.
Public law governs the organisation of the State, as well as the relationships between the State and private individuals or other entities such as companies.
