Switzerland

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.