Switzerland; Switzerland -- Politics and government -- 1815-
4. In cases where federal laws have to be applied by Cantonal
Tribunals, and the amount of the matter in dispute is 3000 francs
at least, or cannot be estimated; where either party appeals from
the judgment of the highest Cantonal Court (by agreement the parties
can make the appeal directly from the lower Cantonal Court, without
going to the Cantonal Court of Appeal). It also decides in cases of
extradition, when the demand is made under an existing treaty, in so
far as the application of the treaty is questioned; it settles boundary
questions between two Cantons, and questions of competence between the
authorities of different Cantons. In questions of jurisdiction between
the Federal Court and cantonal authority, or as to whether it should be
settled by a court of arbitration, the Tribunal itself decides as to
its own competence. In cases where questions between Cantons or between
a Canton and the Confederation come before the court, they come on
reference from the Federal Council. If the Council decides negatively
as to whether a matter ought to come before the court, the Assembly has
the final determination on the point.
This general organizing act of 1874 fixes the number of members of the
court and the alternates; their terms of office, salaries, and other
details. The number of judges is reduced from eleven to nine, and the
court shall never contain, at any given time, two or more persons
from the same family; the term is extended from three to six years.
The president and the vice-president are to be elected by the Federal
Assembly from among the judges, for the term of two years. The salaries
are fixed at 10,000 francs a year for the judges; 11,000 francs for
the president (or chief justice), and from 6000 to 8000 francs for
each of the secretaries. There must be two secretaries at least, one
from German-, the other from French-speaking Switzerland; both must
speak German and French, and one also Italian. They are chosen by the
court by ballot, and for a term of six years. The assistant judges or
alternates receive twenty-five francs a day when serving, and a fixed
travelling allowance. These assistant judges only sit in the place of
the judges who are prevented for some reason from sitting in person.
The judges and the secretaries when away from the seat of the court
on official business are paid fifteen francs a day additional, and a
travelling allowance. The vacations of the court must not exceed four
weeks in the year; but either the president or vice-president must
always remain at the permanent seat of the court. Temporary leave
of absence may be granted to the members of the court and to the
secretaries. The judges (but not the assistant judges) are required to
reside where the court is fixed. In cases of elections and in civil
and constitutional causes, seven judges form a quorum, and the number
present must always be uneven (apparently because the president has
no casting vote).
Public-domain text, read in full here on John Shaqi.
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