The legal system of Switzerland
A civil-law federation defined by direct democracy and by cantonal sovereignty. Private law was unified nationally through the ZGB and the Code of Obligations, and civil and criminal procedure were finally unified in 2011, but 26 cantons still organise their own courts and levy their own taxes. Any federal statute can be put to a popular vote, which is why the Federal Supreme Court is barred from setting one aside.
Legal tradition
Switzerland belongs to the civil law tradition. A civil-law federation defined by direct democracy and by cantonal sovereignty. Private law was unified nationally through the ZGB and the Code of Obligations, and civil and criminal procedure were finally unified in 2011, but 26 cantons still organise their own courts and levy their own taxes. Any federal statute can be put to a popular vote, which is why the Federal Supreme Court is barred from setting one aside.
How power is divided
Competences not expressly assigned to the Confederation remain with the 26 cantons, which have their own constitutions, parliaments, governments and courts. Sovereignty is further shared with the electorate: the optional referendum can overturn any federal statute, and the popular initiative can amend the Constitution directly.
Where law comes from
- Federal Constitution
- Amendable only by a double majority of people and cantons.
- Federal statutes
- Subject to the optional referendum; the court must apply them regardless of constitutionality.
- Federal ordinances
- Implementing norms of the Federal Council; fully reviewable by the courts.
- Cantonal constitutions and law
- Govern all residual matters, including court organisation, policing and schools.
- Codes
- ZGB, Code of Obligations, StGB, and the unified civil and criminal procedure codes of 2011.
- International treaties
- Bilateral agreements with the EU carry great practical weight; Switzerland is not an EU member.
The legal profession
The Rechtsanwalt / avocat / avvocato qualification is cantonal: a law degree, a supervised traineeship and a cantonal bar examination, after which registration in a cantonal register permits practice throughout Switzerland. The Swiss Bar Association federates the cantonal bars. Notaries are separately regulated, and in some cantons the office is a public monopoly.
Law by topic in Switzerland
- Business & CorporateThe GmbH and the AG, with real minimum-capital requirements and a resident representativeThe Code of Obligations governs company law. The limited liability company (GmbH/Sàrl) needs CHF 20,000 of fully paid capital, and the stock corporation (AG/SA) needs CHF 100,000 with at least CHF 50,000 paid in. At least one person able to represent the company must be resident in Switzerland.
- Family LawMarriage for all since 2022, and divorce by joint request or after separationSwiss family law is federal, in the Civil Code. Marriage was opened to same-sex couples on 1 July 2022, and from that date no new registered partnerships are created. Divorce is granted on joint request, or unilaterally after living apart for at least two years.
- Constitutional LawDirect democracy and a Federal Supreme Court that may not strike down federal statuteThe Federal Constitution of 1999 establishes a federal state of 26 cantons with strong direct democracy: citizens can force votes on constitutional amendments (initiative) and on laws (referendum). But Article 190 obliges the Federal Supreme Court to apply federal statutes even where they conflict with the Constitution, so there is no full judicial review of federal law.
- Civil ProcedureOne federal code since 2011, with compulsory conciliation before most actionsThe Swiss Civil Procedure Code unified 26 cantonal codes when it entered force on 1 January 2011. Cantons still organise their own courts, but the procedural rules are now federal, and most disputes must pass through a conciliation authority before an action can be filed.
- Human RightsConstitutional fundamental rights, backstopped by the ECHRTitle 2 of the Federal Constitution guarantees an extensive catalogue of fundamental rights, and Switzerland is bound by the European Convention on Human Rights, which the Federal Supreme Court applies directly. Because federal statutes cannot be annulled, the ECHR and the Strasbourg court are an important external check.
- Criminal LawA unified federal Criminal Procedure Code since 2011, applied by cantonal courtsSwitzerland has a single Criminal Code and, since 1 January 2011, a unified Code of Criminal Procedure replacing 26 separate cantonal codes. Prosecution is led by cantonal or federal public prosecutors, and most cases are tried by cantonal courts; the prosecutor can dispose of minor cases by a summary penalty order.
- Immigration & NationalityFree movement for the EU/EFTA, quotas and permits for everyone elseSwitzerland runs a dual system. EU and EFTA nationals enjoy free movement under a bilateral agreement, while third-country nationals fall under the Foreign Nationals and Integration Act, which limits admission to qualified workers within annual quotas set by the Federal Council. Permits are graded L (short-term), B (residence) and C (settlement).
- Property & LandOwnership through a public land register, with real limits on foreign buyersThe Civil Code governs ownership, which passes on entry in the cantonal land register (Grundbuch) after a public deed. A distinctive feature is Lex Koller, the federal law restricting the acquisition of Swiss real estate by persons abroad, which requires authorisation for many purchases by non-residents.
- Employment & LabourFreedom to terminate, tempered by notice periods and protected periodsEmployment is governed by the Code of Obligations, which follows a principle of freedom of termination: either party may end an open-ended contract by giving the statutory or agreed notice. Protection comes from mandatory notice periods, protected periods (illness, pregnancy, military service) and a remedy for abusive dismissal rather than a general permission requirement.
- Data Protection & PrivacyA revised FADP since 2023, aligned with the GDPR but enforced without regulator finesThe totally revised Federal Act on Data Protection entered into force on 1 September 2023, modernising Swiss law and bringing it closer to the GDPR. The Federal Data Protection and Information Commissioner (FDPIC) supervises and can issue binding orders, but it cannot itself impose fines: penalties are criminal and pursued by the cantons against responsible individuals.
- Tax LawThree layers of tax — federal, cantonal and communal — and a low federal VATTax is levied at three levels. The Confederation charges a direct federal tax on income (progressive to 11.5%) and on corporate profit (8.5% flat), but no federal wealth tax. Cantons and communes add their own income, wealth and profit taxes at rates that vary widely by location, and standard VAT is 8.1%.
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