Kara Sears
Switzerland has a civil law legal system, with enacted or written law as the primary source of law. The country is a federation made up of 26 cantons, each with its own set of laws. While some laws are general, others are specific to each region. The Swiss Federal Government consists of seven Federal Council members, who are elected by the Federal Assembly for a four-year term. 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 Systematic Compilation is the official compilation of all federal laws, ordinances, and international and intercantonal treaties that are in force.
| Characteristics | Values |
|---|---|
| Type of legal system | Civil law |
| Official languages of legislation | German, French, Italian, Romansh |
| Number of Cantons | 26 |
| Federal Council composition | Seven Federal Councillors |
| Federal Council term length | Four years |
| Federal Judiciary composition | Federal Tribunal (Supreme Court), Federal Criminal Court, Federal Administrative Court |
| Federal Tribunal composition | Three or five judges, depending on the matter |
| Jurisdiction of divorce cases | Plaintiff or defendant domiciled in Switzerland; plaintiff is a Swiss national residing in Switzerland; only one spouse is a Swiss national |
| Applicable law in case of change of domicile | Law of the new domicile, unless spouses agree in writing to continue applying the former law or are bound by a marital property agreement |
| Recognition of foreign divorce decrees | Required if rendered in the state of domicile, habitual residence, or national state of either spouse, or if recognized in one of those states |
| Recognition of foreign decisions on marital property relations | Required if rendered or recognized in the state of domicile of the defendant spouse; or if rendered or recognized in the state of domicile of the plaintiff spouse, provided the defendant spouse was not domiciled in Switzerland |
| Health insurance requirement | Mandatory for all citizens and workers; international students exempt |
| Cycling regulations | Children under 7 must be accompanied by an adult; insurance sticker required on bicycles; e-bike use prohibited for under-14s |
| Noise restrictions | Quiet days on Sundays; no mowing, hanging laundry, or recycling |
| Work restrictions | No working during the night or on Sundays |
| Taxation | Dog tax with a standard rate of 160 CHF per year, varying by canton according to dog size and weight |
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What You'll Learn
Switzerland's civil law system
Switzerland has a civil law system, meaning that enacted or written law is the primary source of law. The Swiss Federal Government consists of seven Federal Councillors, who are elected by the Federal Assembly for a four-year term. Each Federal Councillor heads one of the seven Federal Departments. 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 Tribunal acts as an appellate court, reviewing cases previously decided by lower federal and/or cantonal courts.
Switzerland is a federation made up of 26 cantons, each with its own set of laws. While some laws are general, others are specific to each canton. The Systematic Compilation is the official compilation of all federal laws, ordinances, and international and intercantonal treaties that are in force. The Official Compilation of Federal Legislation is the federal gazette, and the Federal Gazette publishes various official texts of the federal government. All three publications are issued in Switzerland's three official languages: German, French, and Italian, with all language editions being equally valid.
In addition to federal and cantonal laws, Switzerland also recognises the decisions of its international counterparts. Foreign decrees of divorce or separation are required to be recognised if rendered in the state of domicile or habitual residence of either spouse. Similarly, foreign decisions relating to marital property relations must be recognised if rendered or recognised in the state of domicile of either spouse, provided that the defendant spouse was not domiciled in Switzerland.
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Federal laws and the Federal Constitution
Switzerland has a civil law legal system, meaning that enacted or written law is the primary source of law. Swiss law is a set of rules that constitute the law in Switzerland. There is a hierarchy of political levels that reflects the legal and constitutional character of Switzerland. The Federal Constitution of the Swiss Confederation, which came into force on 1 January 2000, is the third and current federal constitution of Switzerland. It establishes the Swiss Confederation as a federal republic of 26 cantons (states). The Federal Constitution consists of a preamble and six parts, which together make up 196 articles. It provides an explicit provision for nine fundamental rights, which, until the 1999 revision, had only been discussed and debated in the Federal Court. The Federal Constitution also provides greater detail on tax laws.
The Federal Constitution was wholly revised for the second time in the 1990s, when the new version was approved by popular and cantonal vote on 18 April 1999. The 1999 Constitution has been changed by popular initiative ten times in the period from 2002 to 2014. The preamble and the first title of the Constitution outline Switzerland as a democratic federal republic of 26 cantons governed by the rule of law. The general provisions contained in Title 1 (articles 1–6) define the characteristic traits of the Swiss state at its three levels of authority: federal, cantonal, and municipal. They contain an enumeration of the constituent cantons, affirm cantonal sovereignty within the bounds of the Constitution, and list the national languages: German, French, Italian, and Romansh.
Federal law in Switzerland consists of the Federal Constitution and the principle of subsidiarity, as well as the Confederation, Cantons, and Communes. According to the Federal Constitution, the Cantons of Switzerland "are sovereign except to the extent that their sovereignty is limited by the Federal Constitution. They exercise all rights that are not vested in the Confederation". The Systematic Compilation is the official compilation of all federal laws, ordinances, international and intercantonal treaties that are in force. The Official Compilation of Federal Legislation is the federal gazette, and the Federal Gazette publishes various official texts of the federal government. All three publications are issued in the three official languages of Switzerland: German, French, and Italian.
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 Tribunal acts as an appellate court, reviewing cases previously decided by lower federal and/or cantonal courts. However, it does not have the power to strike down unconstitutional laws. The decisions of the Swiss Federal Tribunal are rendered in the language of the parties. At the cantonal level, legislation from the Cantons of Vaud, Neuchâtel, Genève, and Jura is published in French; in the Cantons of Fribourg and Valais, legislation is published in both French and German; legislation from the Canton of Ticino is published in Italian; and legislation from the other cantons is published in German (as well as Romansh and Italian for the Canton of Graubünden).
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Cantonal laws and sovereignty
Switzerland is a Confederation of 26 cantons and half-cantons (States). Each canton has its own constitution, legislature, executive, police, and courts. The cantonal legislatures are unicameral parliaments, with their size varying between 58 and 200 seats. The cantonal executives consist of either five or seven members, depending on the canton.
The cantons of Switzerland are sovereign except to the extent that their sovereignty is limited by the Federal Constitution. They exercise all rights that are not vested in the Confederation. The Federal Constitution declares that the principle of subsidiarity must be observed in the allocation and performance of state tasks.
The cantons' sovereignty was briefly interrupted in 1798 when the French invaded Switzerland, abolishing the old system and reducing the cantons to the status of administrative subdivisions with no sovereignty. However, cantonal sovereignty was restored in 1803 with the Act of Mediation.
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 Tribunal acts as an appellate court, reviewing cases previously decided by lower federal and/or cantonal courts. However, it does not have the power to strike down unconstitutional laws. The Swiss Federal Criminal Court acts as a trial court of first instance in certain matters of federal criminal law, while the Swiss Federal Administrative Court acts as an appellate body, reviewing decisions of the Swiss Federal Administration and, in some cases, cantonal authorities.
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Swiss Federal Judiciary
The Swiss Federal Judiciary is composed of the Swiss Federal Tribunal (also known as the Federal Supreme Court of Switzerland), the Swiss Federal Criminal Court, and the Swiss Federal Administrative Court. The Swiss Federal Tribunal acts as an appellate court, reviewing cases previously decided by lower federal or cantonal courts. It does not have the power to strike down unconstitutional laws. The Federal Tribunal sits with either three or five judges, depending on the matter being heard. The Federal Supreme Court is headquartered in the Federal Courthouse in Lausanne, in the canton of Vaud, with some divisions located in Lucerne. The Federal Supreme Court is divided according to legal areas and has 38 ordinary and 19 substitute judges, assisted by 350 other employees. The Court is represented externally by its president, currently François Chaix. The Federal justices are proposed by the Judicial Committee and elected by the United Federal Assembly for a term of six years, with no limit on re-elections but an upper age limit of 68. The Federal Supreme Court examines the uniform application of federal law by the cantonal and federal courts of lower instance, protecting the rights of citizens under the Federal Constitution. When an appeal is filed, the Court examines whether the law was correctly applied in the contested decision, ensuring the uniform application of federal law throughout the country. Its decisions contribute to the development of the law and its adaptation to new circumstances, and are used as a reference by other courts and administrative authorities. The Court Assembly, the Administrative Commission, and the Conference of Presidents act as supervisory bodies. The Court Assembly consists of all ordinary justices and is responsible for the Court's internal organisation, designating divisions, appointing their presidents, and issuing procedural rules. The Administrative Commission manages the Court's administration.
The Swiss Federal Criminal Court acts as a trial court of first instance in certain matters of federal criminal law under federal jurisdiction. The Swiss Federal Administrative Court acts as an appellate body, reviewing decisions of the Swiss Federal Administration and, in some cases, cantonal authorities. Federal judges in Switzerland are appointed by the Federal Assembly (both chambers of Parliament) for six-year terms. Anyone seeking justice has four legal means of recourse for lodging an appeal with the Federal Supreme Court: the three types of standard appeal (civil, criminal, and public law disputes) and the subsidiary constitutional appeal. Under the three standard appeal categories, any type of grievance is admissible, including the incorrect application of the law and infringement of constitutional rights. If a standard appeal is not admissible, cantonal rulings may be appealed by means of the subsidiary constitutional appeal, which addresses only the infringement of constitutional rights. The Federal Supreme Court does not have the power to review acts of the Federal Parliament unless specifically provided for by statute.
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Divorce and prenuptial agreements
Switzerland has a civil law legal system, which means that enacted or written law is the primary source of law. Prenuptial and postnuptial agreements are binding under Swiss law, provided they meet certain statutory requirements. According to Article 184 of the Swiss Civil Code, these agreements must be entered into by means of a "notarial deed". The notary has a duty to ensure that the contract is based on the free will of the parties and that it complies with the law. They must also explain to the parties their current legal status and how this will change with the marital contract, ensuring that the parties understand the meaning of the contract and that its provisions are in accordance with their wishes.
The registration of marital agreements was abolished in 1988, and prenuptial agreements come into force upon the solemnisation of the marriage. According to Article 182 of the Swiss Civil Code, spouses may enter into, modify, or annul a prenuptial agreement at any time during their marriage. While full disclosure of the spouses' assets and debts is not necessary, the general rules of contract law apply, and a marriage contract may be invalidated by fundamental mistake, fraudulent misrepresentation, or duress.
Switzerland allows spouses to select the law that will govern their matrimonial property relations, as per Article 52 of the Swiss Statute on Private International Law. This choice may be made in writing or "result with certainty from the provisions of a marital property agreement" (Article 53). The chosen law can be changed or amended at any time and will apply retroactively from the date of the marriage unless otherwise agreed. If the spouses do not make a choice of law, their matrimonial property relations will be governed by the law of the country in which they are both domiciled.
While prenuptial agreements can help outline the division of assets in the event of a divorce, they cannot regulate alimony and maintenance payments in Switzerland. Additionally, an inheritance contract is required to outline inheritance provisions in the event of the death of one of the partners.
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Frequently asked questions
Switzerland has a civil law legal system, which means that enacted or written law is the primary source of law. The country is a federation made up of 26 cantons, each with its own set of laws. The Swiss Federal Government consists of seven Federal Council members, who are elected by the Federal Assembly for a four-year term.
Some notable laws in Switzerland include the requirement for health insurance for all citizens and workers, strict noise restrictions on Sundays, and comprehensive recycling regulations. Additionally, Switzerland has specific laws regarding cycling, such as the requirement for children under 7 to be accompanied by an adult and restrictions on the use of electric bikes for those under 14.
The Swiss courts have divorce jurisdiction if either the plaintiff or defendant is domiciled (permanently resident) in Switzerland or if the plaintiff is a Swiss national residing in Switzerland. Once a Swiss court has divorce jurisdiction, it also handles matters concerning matrimonial property. Foreign decrees of divorce or separation are recognised in Switzerland if rendered in the state of domicile or habitual residence of either spouse.
To enter a Swiss law school, one typically needs to have graduated from high school. With the new "Bologna" system, a bachelor's degree in law can be obtained in three years, allowing individuals to work as lawyers or train as attorneys. However, a master's degree is required to be admitted to the bar and practice law independently.
Switzerland does not have a common law system. Instead, it follows a civil law legal framework, where written laws and codes are the primary sources of law.
