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Concept
Federal Supreme Court of Switzerland
Summary
The Federal Supreme Court of Switzerland (Bundesgericht, Tribunal fédéral, Tribunale federale, ) is the supreme court of the Swiss Confederation and at the head of the Swiss judiciary.
The Federal Supreme Court is headquartered in the Federal Courthouse in Lausanne in the canton of Vaud. The two social security divisions of the Federal Supreme Court (formerly Federal Insurance Court, as an organizationally independent unit of the Federal Supreme Court), are located in Lucerne. The Federal Assembly elects 38 justices to the Federal Supreme Court. The current president of the court is Martha Niquille.
The Federal Supreme Court is the final arbiter on disputes in the field of civil law (citizens-citizens), the public arena (citizen-state), as well as in disputes between cantons or between cantons and the Confederation. The Supreme Court's decisions in the field of human rights violations can be appealed to the European Court of Human Rights in Strasbourg.
As a state agency, the Federal Supreme Court examines the uniform application of federal law by the cantonal and federal courts of lower instance. It protects the rights that citizens have under the Federal Constitution. In the proceedings, the Federal Supreme Court examines the application of the law but does not examine the facts established by the lower courts, unless they are manifestly arbitrary.
When an appeal is filed, the Federal Supreme Court examines whether the law was correctly applied in the contested decision and thus ensures the uniform application of federal law throughout the country. Its decisions contribute to the development of the law and to its adaptation to new circumstances. The other courts and the administrative authorities use the decisions of the Federal Supreme Court as a reference and adopt their principles. Procedures before the Federal Supreme Court take place in writing. There are no court hearings with plaintiffs and defendants giving testimony and lawyers pleading their cases.
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