Head of Department: Hans-Rudolf Merz

i Bundesgasse 3, 3003 Bern T 031 322 60 33, F 031 323 38 52 Elisabeth Meyerhans Sarasin, Dieter Leutwyler www.efd.admin.ch [email protected]

in the federal administration, the insurance supervision. A key SAB Federal Customs Swiss Alcohol Board Administration FCA internal processes and organi- aspect is risk-based supervision sation will be modified and cus- by which the necessary solvency The Customs Administration mo- tomer requirements will be given of an insurance provider is calcu- In , alcohol abuse not nitors the import, export and greater priority. lated as a function of the risks only causes human suffering, but transit of goods. It collects cus- Staff: 519 involved. The new orientation is a also costs the country several toms duties, road traffic charges Budget: CHF 220 758 800.– significant element of the revised billion Swiss francs a year. The Director: Marius Redli and taxes, including VAT on www.bit.admin.ch Insurance Supervision Act that SAB is charged with the practical imports. Approximately CHF 19 was adopted by parliament on 17 implementation of alcohol legis- billion a year from VAT and Federal Office for Buildings December 2004. lation and steers the alcohol excise duty on oil, tobacco and and Logistics FOBL Staff: 67 market (not including naturally vehicles flows through customs Budget: CHF 16 332 300.– fermented products) by means of Director: Herbert Lüthy into the federal coffers. The Cen- The FOBL is responsible for pro- taxes and restrictions. The Alco- www.bpv.admin.ch tral Control Office for Precious perty management and the cen- hol Act also covers advertising Metals, which forms part of the tral procurement of non-durable restrictions and bans. Alcosuisse, Swiss Federal Banking Customs Administration, checks goods for the federal administra- Commission SFBC the SAB’s profit centre is respon- jewellery and watches for their tion, as well as for dealing with sible for trade in high grade authenticity. data output, the production and The Swiss Federal Banking Com- alcohol and ethanol. It also runs The Border Police is the uni- distribution of federal publica- mission supervises banks, secu- the “Etha+” project to reduce car- formed and armed part of the tions and the production of secu- rities dealers, investment funds bon dioxide emissions in road FCA and carries out a number of rity passes, most importantly the and stock exchanges, together traffic by 600,000 tonnes a year policing duties at the border and Swiss passport. In terms of build- with the disclosure of sharehold- by mixing ethanol with fuels. in its vicinity. ings, the main focus in 2006 is the ing interests and public acquisi- Staff: 155 Budget: CHF 33 900 000.– Staff: 4 604 refurbishment of the Parliament tion offers and mortgage lenders. Director: Lucien Erard Budget: CHF 1 183 234 600.– Building in Bern, the construction The costs, which amount to www.eav.admin.ch Director: Rudolf Dietrich www.zoll.admin.ch of a new IT centre for the federal around CHF 30 million, are borne administration at Fellerstrasse in by the institutions under super- Federal Pension Fund Bern and the first stage of the vision. The Swiss Federal Bank- PUBLICA Federal Office of Information Technology, Systems and refurbishment of the Swiss Natio- ing Commission is an independ- Telecommunication FOITT nal Museum in Zurich. ent federal administrative PUBLICA is a public institution

The FOITT provides services for Staff: 460 (+200 cleaning staff) authority that is affiliated to the of the Confederation. It can con- the whole of the federal adminis- Budget:CHF 599 220 300.– FDF for administrative purposes. clude affiliation agreements with Director: Gustave E. Marchand tration in the fields of telecom- www.bbl.admin.ch Staff: 162 organisations which are closely munications, IT training and Budget: CHF 30 546 800.– linked to the Confederation. This Director: Daniel Zuberbühler operational security, and also www.ebk.admin.ch provides insurance cover to Federal Office of Private has centres of expertise for the Insurance FOPI employees of the Federal Admin- internet and SAP. In addition, it Federal Audit Office istration, the Parliamentary Ser- provides IT services for its own The office is responsible for FAO vices, the Confederation’s decen- department, the Federal Depart- supervising the commercial oper- tralised administrative units, ment of the Environment, Trans- ations of private insurance com- As the Confederation’s supreme federal arbitration and appeals port, Energy and Communica- panies and intervenes in the event audit institution, the FAO scruti- commissions, the federal courts tions and the Federal Chan- of grievances. Its main aim is to nises accounting practices and and associated organisations. cellery. It coordinates operational protect policyholders from abuse verifies the proper and efficient PUBLICA’s main objective in 2006 aspects with other departmental as well as to safeguard their enti- use of resources by the Federal is the preparation for the techni- service providers. With a view to tlements. The Federal Office of Administration and other public cal migration to a contribution- the planned changeover to man- Private Insurance was transferred service institutions and subsidy based pension plan. agement by performance man- to the FDF from the FDJP on 1 recipients. Staff: 117 date and global budget as of 1 July 2003. The office has been Staff: 92 Budget: CHF 48 030 718.– Director: Werner Hertzog January 2007, and the introduc- through a period of change, which Budget: CHF 17 145 200.– Director: Kurt Grüter www.publica.ch tion of performance accounting has led to a new orientation of www.efk.admin.ch

61 62 The Federal Department of Economic Affairs FDEA

Swiss Know-how Job creation, vocational training, economic growth: over two thousand members of staff at the Federal Department of Economic Affairs work to ensure the best possible con- ditions for employers and entrepreneurs, for industry, for SMEs, and also for large multi- national enterprises. The department advises on and monitors decisions in the field of economic policy and ensures their implementation. It pursues a policy that is directed at improving Switzer- land’s position as a location for business and research.

Article 101, Everyday we see a whole range of products carrying the paragraph 1 label “Made in China” and as a result some speak of being The Confederation shall safeguard the interests of flooded with goods from the Far East. However, very few get the Swiss economy abroad. to meet the Chinese delegations that show an interest in Swiss made laser cutting machines – and purchase them. The fact that open borders and free trade are in our country’s interests is not only apparently true, but demonstrably so.

63 Federal Department civilian service. These men were Seco also helps to ensure access a way that it can be applied of Economic Affairs able to demonstrate credibly that to all markets for Swiss goods practically in business and socie- FDEA they would be unable to perform and services and investment. In ty thus complementing the military service on the grounds terms of foreign trade policy, courses offered by the universi- of conscience. The Central Office seco is active in the formulating ties. Through its innovation poli- General Secretariat GS for Civilian Service is responsi- of efficient, fair and transparent cies, the FOPET ensures the ble for processing these applica- rules for the world economy. transfer of know-how between The General Secretariat is the tions and the subsequent hear- Switzerland’s relations to the science and business. That is the department’s staff and coordina- ings at its seven regional centres European Union and to the Euro- task of the Commission for Tech- tion office which supports and throughout the country. It is also pean Free Trade Association are nology and Innovation, which advises the Head of Department responsible for the recognition of coordinated by the Integration promotes applied research and in his daily work. Its brief also the institutions in which the Office, a joint office of the FDFA development and the know-how involves planning, coordinating service is to be performed and and the FDEA. Seco is also and technology transfer between and monitoring the department’s provides advice to both the indi- involved in efforts to reduce universities and companies. activities and it is responsible viduals and the institutions con- poverty in the form of economic Staff: 136 for overseeing the results and cerned. development cooperation. Budget: CHF 963 380 000.– Director: Ursula Renold assessing the effects of its deci- Staff: 510 www.bbt.admin.ch sions. The Resources Sector pro- Budget: CHF 754 693 000.– State Secretariat for Economic Director: Jean-Daniel Gerber vides services for the whole Affairs seco www.seco.admin.ch Federal Office for Agriculture department ranging from human FOAG resources, finances and logistics, There are now tangible signs of Federal Office for Professional accounting and translation serv- economic recovery. In order for Education and Technology FOPET Switzerland has 106,977 hectares ices. IT services are provided this upturn to continue, there of farmland, 1,570,000 head of through its IT Service Centre. must be sound regulatory and “Promoting innovation” is the cattle in its pastures and 193,936

Staff: 71 economic conditions. It is seco’s motto the FOPET applies to its people employed in the agricul- Budget: CHF 28 452 000.– task to ensure that is the case. three specialised fields of voca- tural sector. Each year, the feder- Secretary-General: www.edv.admin.ch Employers and employees should tional education, universities of al government provides agricul- be able to benefit from growth- applied science and innovation ture with financial support of Also affiliated to the General oriented policies, the removal of policy. Through the provision of around CHF 3.5 billion. The Secretariat are the Federal Con- barriers to trade, and the reduc- high quality training opportuni- FOAG works to ensure that the sumer Affairs Bureau and the tion of Switzerland’s relatively ties in vocational education, at country’s farmers produce high Central Office for Civilian Ser- high prices. On the domestic university level and through life- quality foodstuffs in a way that vice. Swiss consumers have front, it acts as an interface long learning, we strive to ensure is both sustainable and market- access to over 22 million differ- between business, social part- that society has the kind of oriented. Its aim is to have a ent products and services. In its ners and government. It supports knowledge that provides Switzer- multifunctional farming system work, the office takes into con- the regionally and structurally land with a high degree of innov- that contributes towards meeting sideration the interests of con- balanced development of the ativeness making it an attractive the food needs of the population sumers as well as those of the economy and ensures the protec- location for business and and maintaining the basic neces- economy as a whole. In order to tion of employees. Through its investors. Vocational education sities of life as well as towards publicise consumer concerns, it labour market policy, it con- covers the regulation of basic the settlement of rural areas. It also promotes access to objective tributes to the prevention and and further training and ensures must also seek a socially accept- information. tackling of unemployment and the quality of training provided. able balance between develop- Last year, almost two thousand consequently to upholding social The universities of applied sci- ments in domestic policy and the Swiss men were approved for peace. ence pass on knowledge in such need to respond to changing

64 Head of Department:

i Federal Palace East Wing, 3003 Bern T 031 322 20 07, F 031 322 21 94 Christophe Hans, Evelyn Kobelt www.evd.admin.ch

external factors. The FOAG deals the promotion of home owner- Federal Office for National Competition Commission with the development of rural Economic Supply FONES ship and high quality, innovative ComCo areas and promotes agricultural construction. Together with the research. Switzerland buys around one- Federal Office of Justice, the FHO Agreements on the sale of books

Stellen: 1031 third of all its food, more than 80 seeks to reconcile the interests of and therapeutic products, recom- Budget: 3 554 620 000.– per cent of its energy, practically landlords and tenants in the area mended retail prices, territorial Direktor: Manfred Bötsch www.blw.admin.ch 100 per cent of its raw materials of tenancy law. restrictions: ComCo, which is and a large proportion of essen- Staff: 50 responsible for matters relating tial therapeutic products from Budget: CHF 171 432 000.– to cartel legislation, works on Federal Veterinary Office Director: Peter Gurtner FVO abroad. In cooperation with the www.bwo.admin.ch behalf of consumers as well as private sector, FONES ensures businesses to ensure that there is Around 50,000 head of cattle, that the population and the econ- fair competition. It is an inde- Office of the Price Supervisor over 10,000 sheep and more than omy of Switzerland have ade- pendent body and concentrates 7,000 goats undergo veterinary quate supplies of vital commodi- its efforts on fighting cartel inspections in Switzerland each ties at all times, for example, People used to worry about the agreements, the compartmentali- year. It is the stated aim of the through compulsory warehous- cost of a cup of coffee. Now it sation of the Swiss market, abuse FVO to ensure the well-being of ing and the securing of energy tends to be doctors’ bills, water of dominant market positions the country’s animal and human supplies and transport. It also rates, rubbish disposal and and state limitations on competi- population. It is therefore con- takes measures to ensure the postal charges. Price supervision tion. It is also responsible for cerned with the issues of animal equitable distribution of scarce is aimed at protecting consumers implementing domestic market health, safe animal feed, animal commodities. from excessive pricing. It moni- regulations and ensuring that welfare and species conserva- Staff: 34 tors price tendencies and blocks businesses have unrestricted tion. High quality meat, milk or Budget: CHF 5 638 000.– or overrules improper price access to the market throughout Delegate: Kurt Streiff egg products, for example, can www.bwl.admin.ch increases or prices that have not the country. only be produced by well cared been determined under free mar- Staff: 46 for and healthy animals. Inspec- ket conditions. Budget: CHF 7 555 000.– Federal Housing Office Director: Rolf Dähler tions carried out at the border FHO Staff: 14 www.weko.ch ensure that imported animals Budget: CHF 2 125 600.– Price Supervisor: Rudolf Strahm and animal products satisfy con- In Switzerland, each person www.preisueberwacher.admin.ch sumer expectations and that no occupies an average of 44 square unwanted diseases are brought metres of accommodation space. into the country. The prevention Two-thirds of rented accommo- and combating of animal disease dation consists of three- and is an important factor in ensur- four-room apartments. The FHO ing animal welfare and human seeks to ensure that there is an health. The monitoring of animal adequate supply of quality hous- disease and the ability to ing. One of its key considerations respond quickly to any outbreak is provision for low-income and are essential if Switzerland is to large families as well as for the be able to export its agricultural elderly and people with disabili- goods. ties. The FHO also assists private

Staff: 115 builders who create or renovate Budget: CHF 38 371 000.– housing for these target groups. Director: Hans Wyss www.bvet.admin.ch Assistance is also available for

65 66 The Federal Department of the Environment, Transport, Energy and Communications DETEC

Infrastructure and environment under one roof DETEC has over 1,700 people in seven federal offices committed to maintaining a high quality of life for the people of Switzerland: they work towards developing modern and safe transport, communications and power networks, and seek to preserve the environment and the country’s attractive natural landscapes. Up-to-date infrastructure – a healthy natu- ral environment: in DETEC, countless interests in exploiting or preserving our surroundings clash. This has its advantages, as it allows these conflicts of objectives to be resolved under one roof. In doing so, the Department adheres to the principle of sustainability: our current needs must be met in a way that does not diminish the opportunities available to future generations, whether in a social, eco- nomic or ecological context. A typical example of the challenge of rec- onciling such differing demands is that of forestry policy. The forests should protect our settlements and infrastructure from natural hazards, serve as recreational areas, provide us with clean drinking water and be a home to diverse species of plants and animals. On the other hand, it’s barely possible for forestry firms to cover their own operating costs which is why too little wood is used and forest main- tenance is falling short in places. In some areas, the forests are experiencing stress through drought, pollution and pests. The Fed- eral Council therefore wants to focus its atten- tion on supporting forestry in a targeted man- ner and concentrating its efforts on the pro- tective forest and biological diversity. To this end, DETEC has initiated a revision of the Forestry Act.

Switzerland’s forests cover 30 per cent of the country’s Article 77, paragraph 1 area and are home to 32,000 species of animals and plants. The Confederation shall They provide jobs for 7,000 people in forestry and a further ensure that forests may fulfil 66,000 in the timber industry. They are used by 30,000 their protective, economic licensed hunters and countless hikers, joggers, dog wal- and social functions. kers and mushroom pickers – and those able to exchange energy with the trees such as here in the Üetliberg woods near Ringlikon.

67 Federal Department of the Federal Office of Transport Federal Office of Civil Aviation Federal Office of Energy Environment, Transport, Energy FOT FOCA FOE and Communications DETEC “Habemus tunnel” announced “The FOCA requires that the “In future, energy policy will Federal Councillor Moritz Leuen- existing barriers near the runway have to be dealt with more swift- General Secretariat GS berger on 28 April 2005 as the at Buochs airfield be better ly and in a more consistent man- breakthrough was made in the supervised so that persons and ner. There needs to be much “SBB AG could increase passen- new Lötschberg rail tunnel with vehicles are no longer able to greater investment in renewable ger transport performance and the last detonation. He spoke of a linger.” The grounds for this mes- energies, more money for the public sector would receive historic milestone in the con- sage; the FOCA conducts over a research and more international more service for each franc struction of the New Rail Links dozen inspections a week, not cooperation”: That was the spent.” Or “Swiss Post could do through the Alps (NRLA). The two just at airfields and on aircraft, demand of a youth forum on with improving the satisfaction tunnels at the Lötschberg and at but also on aviation and mainte- energy prospects made up of of its business customers”… the Gotthard will make the Swiss nance firms and in air traffic around 100 young people from those were the kinds of com- rail network significantly faster, control. The FOCA supervises the whole of Switzerland. They ments that could be heard the safer and efficient and thus fulfil civil aviation in our country and took a close look at options for last time the DETEC General Sec- the conditions for the successful places great emphasis on air Switzerland’s energy future and retariat reported on the annual shifting of goods traffic from the safety. It is also involved in the made an important contribution reports of companies in which roads to the rails. The FOT is the discussions surrounding the to the FOE’s Energy Outlook the government has majority federal office for public trans- approach path procedures to 2035/2050. The Federal Council holdings. The GS examines how port. From Intercity trains to Zurich airport and more general- will look into the full report this the SBB, SwissPost, Swisscom trams, cablecars and even paddle ly in the shaping of government year, which will form the basis and Skyguide fulfil the strategic steamers, Switzerland has a com- guidelines in the rapidly evolving for energy policy decisions in the goals given to them by the prehensive and reliable transport airline industry. coming years.

Federal Council. network. The FOT makes sure Staff: 230 The FOE is responsible for the The General Secretariat serves that it remains that way, and that Budget: CHF 88 800 000.– secure provision of power in Director: Raymond Cron as the staff office for the Head of the network, despite pressure to www.aviation.admin.ch Switzerland. It is now also Department. It plans and coordi- cut costs, is further modernised. responsible for supervision of nates all department activities. Since the start of 2006, it is also dams. The Swiss Energy pro- For administrative purposes, the responsible for maintaining the gramme is also fully under way, Independent Complaints Author- interests of Rhine navigation at and has the aim of reducing ity for Radio and Television, the international level. energy consumption and promot-

Public Transport Accident Inves- Staff: 252 ing renewable energies. tigation Office, the Aircraft Acci- Budget: CHF 4 567 300 000.– Also affiliated to the FOE is Director: Max Friedli dent Investigation Bureau, the www.bav.admin.ch the Federal Nuclear Safety postal services regulation Inspectorate. This independent authority (PostReg), and the spe- agency supervises Switzerland’s cial tasks service for the commu- nuclear power plants and storage nications sector are all affiliated facilities for radioactive waste. to DETEC. Staff: 120 (FOE) 89 (HSK) Staff: 105 (incl. 47 from administrativel Budget: CHF 127 600 000.– affiliated services) Director: Walter Steinmann Budget: CHF 152 900 000.– www.energie-schweiz.ch Secretary-General: Hans Werder www.uvek.admin.ch

68 Head of Department:

i Federal Palace North Wing, 3003 Bern T 031 322 55 11, F 031 311 95 76 André Simonazzi www.uvek.admin.ch

Federal Roads Office Federal Office of Federal Office for the Federal Office for Spatial FEDRO Communications OFCOM Environment FOEN Development ARE

Anyone wanting to obtain their “Product placement in TV pro- “Wrapping up glaciers in Uri – Floods, landslides, avalanches… driving licence, now has to apply grammes: OFCOM censures SF it’s crazy!” The attempt by the the damage caused by natural themselves that little bit more. DRS”. As viewers increasingly Andermatt mountain railway disasters has increased dramati- After passing the test there then zap away from regular adverts, company to protect a section of cally in recent years. What have follows a three-year probationary the temptation arises to place glacier on the Gemsstock from the ARE and spatial planning got period with stiffer penalties. advertising in more unconven- rising temperatures using poly- to do with it? Of course this Only after that time and after tional forms. OFCOM steps in ester sheeting is controversial. small federal office cannot pre- having attended two compulsory when the sponsoring codes con- However, all are agreed that vent theses events, but proper course days is the full licence tained in the Federal Radio and action needs to be taken against spatial planning can reduce the issued. This two-phase training Television Act are infringed. It the causes of global warming. potential damage by preventing is a measure designed to improve supervises radio and TV stations The FOEN has the lead in Swiss buildings and infrastructure safety on our roads. Another in Switzerland not just in terms environment policy, which sub- from being built in risk areas in effective measure was the reduc- of product placement, but also mits suitable measures for the the first place. This is a compli- tion of the legal blood/alcohol decides on frequency allocations reduction of CO2 emissions to the cated task and requires the coop- limit. And FEDRO is currently and ensures that the Swiss Federal Council and to parlia- eration of all concerned. The ARE working on an entire programme Broadcasting Corporation fulfils ment. In its role as the specialist is responsible for coordinating of measures entitled ‘Via sicura’ its duty to provide programming office for environmental matters measures between the federal with the aim of significantly for all parts of the country. in the Federal Administration, agencies, the cantons and the reducing the number of road Another of OFCOM’s important the FOEN strives for a healthy communes, for example, when deaths by 2010. FEDRO ensures roles is to deal with questions of ecosystem and the protection of housing and traffic planning in that our roads run as smoothly market opening in the field of plants and animals; it also pro- built-up areas have to be recon- as possible. It is also responsible telecommunications. The overrid- tects the population from nega- ciled or to counter urban sprawl. for the construction, mainte- ing aim however is to create opti- tive influences such as noise, air The Spatial Development Report nance and operation of the mal conditions for communica- pollution or natural hazards 2005 identifies new approaches national road network and tions in Switzerland. such as flood protection. As was and works towards updating the supervises numerous large-scale Staff: 269 seen during the last series of Spatial Planning Act. Budget: CHF 76 550 000.– projects until their completion. floods, the costs of prevention in Staff: 63 Director: Martin Dumermuth Budget: CHF 13 555 000.– Staff: 167 www.bakom.ch the form of structural measures Director: Pierre-Alain Rumley Budget: CHF 2 806 000 000.– and renaturation are far lower Director: Rudolf Dieterle www.are.admin.ch www.astra.admin.ch than the almost unavoidable damage caused. The FOEN is cur- rently concentrating on economic aspects of environment policy as private sector instruments can help to efficiently protect and make use of the environment. Environment policy can help to save large sums of money; if the air is cleaner, health-related costs are lower.

Staff: 387 Budget: CHF 685 000 000.– Director: Bruno Oberle www.umwelt-schweiz.ch

69 The members of the Federal Council since 1848 In chronological order with the relevant canton and party (the party names conform to the names currently used), the number of years in office and the years of birth and death.

ZH Jonas AG Emil BL Emil AG Edmund Furrer Welti Frey Schulthess FDP, 1848 – 1861 FDP, 1867 – 1891 FDP, 1891 – 1897 FDP, 1912 – 1935 *3.3.1805 †25.7.1861 *23.4.1825 †24.2.1899 *24.10.1838 †24.12.1922 *2.3.1868 †22.4.1944

BE Ulrich VD Victor LU Josef GR Felix-Louis Ochsenbein Ruffy Zemp Calonder FDP, 1848 – 1854 FDP, 1868 – 1869 CVP, 1892 – 1908 FDP, 1913 – 1920 *24.11.1811 †3.11.1890 *18.1.1823 †29.12.1869 *2.9.1834 †8.12.1908 *7.12.1863 †14.6.1952

VD Henri VD Paul GE Adrien GE Gustave Druey Ceresole Lachenal Ador FDP, 1848 – 1855 FDP, 1870 – 1875 FDP, 1893 – 1899 Lib., 1917 – 1919 *12.4.1799 †29.3.1855 *16.11.1832 †7.1.1905 *19.5.1849 †29.6.1918 *23.12.1845 †31.3.1928

SO Josef ZH Johann Jakob VD Eugène ZH Robert Munzinger Scherer Ruffy Haab FDP, 1848 – 1855 FDP, 1872 – 1878 FDP, 1894 – 1899 FDP, 1918 – 1929 *11.11.1791 †6.2.1855 *10.11.1825 †23.12.1878 *2.8.1854 †25.10.1919 *8. 8. 1865 †15. 10. 1939

TI Stefano NE Eugène BE Eduard BE Karl Franscini Borel Müller Scheurer FDP, 1848 – 1857 FDP, 1873 – 1875 FDP, 1895 – 1919 FDP, 1920 – 1929 *23.10.1796 †19.7.1857 *17.6.1835 †14.6.1892 *12.11.1848 †9.11.1919 *27. 9. 1872 †14. 11. 1929

AG Friedrich GL Joachim BS Ernst VD Ernest Frey-Herosé Heer Brenner Chuard FDP, 1848 – 1866 FDP, 1876 – 1878 FDP, 1897 – 1911 FDP, 1920 – 1928 *12.10.1801 †22.9.1873 *25.9.1825 †1.3.1879 *9.12.1856 †11.3.1911 *31.7.1857 †9.11.1942

SG Wilhelm Mathias TG Fridolin NE Robert FR Jean-Marie Naeff Anderwert Comtesse Musy FDP, 1848 – 1875 FDP, 1876 – 1880 FDP, 1900 – 1912 CVP, 1920 – 1934 *19.2.1802 †21.1.1881 *19.9.1828 †25.12.1880 *14.8.1847 †17.11.1922 *10.4.1876 †19.4.1952

BE Jakob SO Bernhard VD Marc-Emile TG Heinrich Stämpfli Hammer Ruchet Häberlin FDP, 1855 – 1863 FDP, 1876 – 1890 FDP, 1900 – 1912 FDP, 1920 – 1934 *23.2.1820 †15.5.1879 *3.3.1822 †6.4.1907 *14.9.1853 †13.7.1912 *6.9.1868 †26.2.1947

VD Constant NE Numa ZH Ludwig VD Marcel Fornerod Droz Forrer Pilet-Golaz FDP, 1855 – 1867 FDP, 1876 – 1892 FDP, 1903 – 1917 FDP, 1929 – 1944 *30.5.1819 †27.11.1899 *27.1.1844 †15.12.1899 *9.2.1845 †28.9.1921 *31.12.1889 †11.4.1958

LU Josef Martin GR Simeon LU Josef Anton BE Rudolf Knüsel Bavier Schobinger Minger FDP, 1855 – 1875 FDP, 1879 – 1883 CVP, 1908 – 1911 SVP, 1930 – 1940 *16.11.1813 †14.1.1889 *16.9.1825 †27.1.1896 *30.1.1849 †27.11.1911 *13.11.1881 †23.8.1955

TI Giovanni Battista ZH Wilhelm Friedrich SG Arthur ZH Albert Pioda Hertenstein Hoffmann Meyer FDP, 1855 – 1864 FDP, 1879 – 1888 FDP, 1911 – 1917 FDP, 1930 – 1938 *4.10.1808 †3.11.1882 *5.5.1825 †27.11.1888 *18.6.1857 †23.7.1927 *13.3.1870 †22.10.1953

ZH Jakob VD Louis TI Giuseppe AR Johannes Dubs Ruchonnet Motta Baumann FDP, 1861 – 1872 FDP, 1881 – 1893 CVP, 1912 – 1940 FDP, 1934 – 1940 *26.7.1822 †13.1.1879 *28.4. 1834 †14.9.1893 *29.12.1871 †23.1.1940 *27.11.1874 †8.9.1953

BE Carl TG Adolf NE Louis ZG Philipp Schenk Deucher Perrier Etter FDP, 1864 – 1895 FDP, 1883 – 1912 FDP, 1912 – 1913 CVP, 1934 – 1959 *1.12.1823 †18.7.1895 *15.2.1831 †10.7.1912 *22.5.1849 †16.5.1913 *21.12.1891 †23.12.1977

GE Jean-Jacques ZH Walter VD Camille SO Hermann Challet-Venel Hauser Decoppet Obrecht FDP, 1864 – 1872 FDP, 1889 – 1902 FDP, 1912 – 1919 FDP, 1935 – 1940 *11.5.1811 †6.8.1893 *1.5. 1837 †22.10.1902 *4.6.1862 †14.1.1925 *26.3.1882 †21.8.1940

70 ZH Ernst TI Giuseppe ZG Hans LU Kaspar Wetter Lepori Hürlimann Villiger FDP, 1939 – 1943 CVP, 1955 – 1959 CVP, 1974 – 1982 FDP, 1989 – 2003 *27.8.1877 †10.8.1963 *2.6.1902 †6.9.1968 *6.4.1918 †22.2.1994 *5.2.1941

TI Enrico BE Friedrich Traugott VD Georges-André GE Ruth Celio Wahlen Chevallaz Dreifuss CVP, 1940 – 1950 SVP, 1959 – 1965 FDP, 1974 – 1983 SP, 1993 – 2002 *19.6.1889 †22.2.1980 *10.4.1899 †7.11.1985 *7.2.1915 †8.9.2002 *9.1.1940

SO Walther FR Jean ZH Fritz ZH Moritz Stampfli Bourgknecht Honegger Leuenberger FDP, 1940 – 1947 CVP, 1960 – 1962 FDP, 1978 – 1982 SP, 1995 *3.12.1884 †11.10.1965 *16.9.1902 †23.12.1964 *25.7.1917 †4.3.1999 *21.9.1946

BE Eduard ZH Willy NE Pierre VS Pascal von Steiger Spühler Aubert Couchepin SVP, 1941 – 1951 SP, 1960 – 1970 SP, 1978 – 1987 FDP, 1998 *2.7.1881 †10.2.1962 *31.1.1902 †31.5.1990 *3.3.1927 *5.4.1942

SG Karl OW Ludwig GR Leon AI Ruth Kobelt von Moos Schlumpf Metzler-Arnold FDP, 1941 – 1954 CVP, 1960 – 1971 SVP, 1980 – 1987 CVP, 1999 – 2003 *1.8. 1891 †5.1.1968 *31.1.1910 †26.11.1990 *3.2.1925 *23.5.1964

ZH Ernst BS Hans Peter LU Alphons FR Joseph Nobs Tschudi Egli Deiss SP, 1944 – 1951 SP, 1960 – 1973 CVP, 1983 – 1986 CVP, 1999 *14.7.1886 †15.3.1957 *22.10.1913 †30.9.2002 *8.10.1924 *18.1.1946

NE Max AG Hans ZH Rudolf BE Samuel Petitpierre Schaffner Friedrich Schmid FDP, 1945 – 1961 FDP, 1961 – 1969 FDP, 1983 – 1984 SVP, 2001 *26.2.1899 †25.31994 *16.12.1908 †26.11.2004 *4.7.1923 *8.1.1947

VD Rodolphe VS Roger SO Otto GE Micheline Rubattel Bonvin Stich Calmy-Rey FDP, 1948 – 1954 CVP, 1962 – 1973 SP, 1984 – 1995 SP, 2003 4.9.1896 †18.10.1961 *12.9.1907 †5.6.1982 *10.1.1927 *8.7.1945

VS Joseph BE Rudolf VD Jean-Pascal ZH Christoph Escher Gnägi Delamuraz Blocher CVP, 1950 – 1954 SVP, 1966 – 1979 FDP, 1984 – 1998 SVP, 2004 *17.9.1885 †9.12.1954 *3.8.1917 †20.4.1985 *1.4.1936 †4.10.1998 *11.10.1940

BE Markus TI Nello ZH Elisabeth AR Hans-Rudolf Feldmann Celio Kopp Merz SVP, 1952 – 1958 FDP, 1967 – 1973 FDP, 1984 – 1989 FDP, 2004 *21.5.1897 †3.11.1958 *12.2.1914 †29.12.1995 *16.12.1936 *10.11.1942

ZH Max NE Pierre AI Arnold Weber Graber Koller SP, 1952 – 1954 SP, 1970 – 1978 CVP, 1987 – 1999 *2.8.1897 †2.12.1974 *6.12.1908 †19.7.2003 *29.8.1933

ZH Hans ZH Ernst TI Flavio Streuli Brugger Cotti FDP, 1954 – 1959 FDP, 1970 – 1978 CVP, 1987 – 1999 *13.7.1892 †23.5.1970 *10.3.1914 †20.6.1998 *18.10.1939

SG Thomas SG Kurt NE René Holenstein Furgler Felber CVP, 1955 – 1959 CVP, 1972 – 1986 SP, 1988 – 1993 *7.2.1896 †31.10.1962 *24.6.1924 *14.3.1933

VD Paul SO Willi BE Adolf Chaudet Ritschard Ogi FDP, 1955 – 1966 SP, 1974 – 1983 SVP, 1988 – 2000 *17.11.1904 †7.8.1977 *28.9.1918 †16.10.1983 *18.7.1942

71 The deliberations of the supreme court are public, something that is probably unique. Each judge presents his opinion on a case in the presence of the political parties, the media and the public and expresses his views on the opinions of his colleagues. If the judges are unable to reach agreement during the session, The Judicial a majority decision is taken.

72 Branch: the Supreme Court

73 The Third Power The Federal Supreme Court in Lausanne and the Federal Insurance Court in Lucerne constitute Switzerland’s highest courts. They represent the country’s judicial branch, one of the three powers of the state alongside the legislature embodied by parliament and the executive branch embodied by the Federal Council. The federal courts are in the process of being extended: the new Federal Criminal Court took up its work in April 2004.

St. Gallen Federal Administrative Court (from 2007) Federal Supreme Court FSC I. Public Law Division

II. Public Law Division Lucerne I. Civil Division II. Civil Division Criminal Court of Appeal

Lausanne

Bellinzona

Federal Criminal Court FCC Criminal Division Appeals Chamber Federal Insurance Court FIC I. Chamber II. Chamber III. Chamber IV. Chamber

74 The tasks of the Supreme Court Through its decisions, the Feder- The Court Registrars were for- The court services are responsi- The Federal Supreme Court has a al Supreme Court contributes to merly responsible primarily for ble for the following tasks: variety of tasks such as the continuing development of drafting the written judgements • Chancellery Services: registra- • providing those seeking justice the law and its adaptation as sit- after decisions had been taken in tion and administration of with legal redress in specific uations change. Its decisions can court. Part of the work of the pending cases, archiving, veri- cases be referred to the European judges was transferred to the fying fee payments and assort- • ensuring the uniform Court of Human Rights in Stras- registrars due to the increasing ed administrative services application of federal law bourg. volume of cases. • Administrative Services: • contributing to the further Nowadays, the registrars are finance, personnel, office sup- development of the law. Cooperation between the Courts involved during the hearings and plies and building mainte- The Federal Supreme Court in in many cases they issue draft nance, security and usher On appeal, it reviews the deci- Lausanne and the Federal Insur- judgements themselves. Follow- duties sions of the highest cantonal ance Court in Lucerne coordinate ing approval by the instructing • Scientific Services: IT, library, courts and other authorities of their decisions by exchanging judge, these are then presented legal documentation and pub- the Confederation to ensure they opinions and by holding an to the relevant court as a ruling. lication of court decisions. are compatible with the applica- annual conference. Their cooper- Based on these documents and ble law. It is also responsible for ation also extends to court the outcome of the deliberations, ensuring that rules applicable to administration – by sharing a to which they also contribute making, applying and interpret- common IT system or by pub- their opinions, the court regis- ing the law are adhered to. lishing far-reaching decisions in trars then formulate the final the Official Digest. court decision. It is the highest court to rule on disputes concerning The Federal Judges are elected The General Secretariats of the • private law (disputes between by the United Federal Assembly courts serve as the main offices persons) on the basis of linguistic, region- for the personnel, organisational, • criminal law (criminal pro- al and party-political criteria. administrative and financial ceedings against individual The period of office lasts six matters of the entire court as persons) years. well of the Conference of Court • public and administrative law In principle, the office is open Presidents and the administra- (disputes between persons and to all Swiss citizens. No legal tive committee in Lausanne, the the State, between cantons and training is required under consti- court administrators in Lucerne between the Confederation and tutional law, although in practice and the Presidents. At the same the cantons). it is a requirement. time they also manage the court services.

75 The Federal Supreme Court The thirty ordinary judges and the thirty special part-time judges carry out their duties in one of the five court divisions in Lausanne. They are assisted in their work by some two hundred members of staff.

Giusep Adrian Danielle Dominique Jean Nay President Hungerbühler Yersin Favre Fonjallaz CVP, 1989 FDP, 1991 SVP, 1993 SP, 1997 SP, 2002 [1] [2] [2] [3] [1] Bernard Kathrin Michel Gilbert Fabienne Corboz Vice-President Klett Féraud Kolly Hohl FDP, 1990 SP, 1992 FDP, 1994 CVP, 1999 FDP, 2002 [3] [3] [1] [5] [4] Heinz Arthur Vera Elisabeth Luca Aemisegger Aeschlimann Rottenberg Liatowitsch Escher Marazzi CVP, 1986 FDP, 1992 SP, 1994 CVP, 1999 FDP, 2003 [1] [1] [3] [4] [4] Roland Max Alain Niccolò Georg Thomas Ivo Schneider Wurzburger Raselli Merkli Eusebio SVP, 1988 FDP, 1993 SP, 1995 GP, 1999 CVP, 2004 [5] [2] [4] [2] [1] Hans Bertrand Franz Lorenz Andreas Wiprächtiger Reeb Nyffeler Meyer Zünd SP, 1990 Lib. 1993 SVP, 1995 SVP, 2000 SP, 2004 [5] [1] [3] [4] [5] Gerold Robert Ursula Peter Christina Betschart Müller Nordmann Karlen Kiss-Peter CVP, 1990 CVP, 1993 SP, 1997 SVP, 2001 FDP, 2004 [2] [2] [4] [5] [3]

The Federal Judges are elcted by the United Federal Assembly according to criteria of language, region and party political affiliation; the period of office is six years.

[1] [2] [3] [4] [5] The first Public Law The second Public Law The first Civil Division The second Civil Division The Court of Criminal Cas- Division handles basic Division is mainly con- rules on all cases deriving specialises in the law on sation reviews cantonal rights: complaints con- cerned with basic rights in from the Code of persons, family, inheri- judgements and sentenc- cerning breach of proce- relation to economic free- Obligations and also in tance and property law ing. It also carries out the dural guarantees, personal doms. Appeals in the field connection with intellectu- covered under the Civil tasks of constitutional freedoms, political rights, of law governing the al property and competi- Code, as well as in private review in these fields. guarantee of ownership or administration of the tion law. Also in its legal insurance law. In these freedom of expression are economy, revenue law and sphere are tasks relating spheres of law it also con- common themes. In addi- legislation on foreign to the field of constitu- ducts the task of constitu- tion, there are also cases nationals as well as edu- tional review. tional review. The areas of concerning construction, cation and state employees debt collection and bank- planning, environmental also fall under its jurisdic- ruptcy round off its and land rights, expropria- tion. responsibilities. tion procedures and inter- national legal assistance in criminal matters.

i Federal Supreme Court 1000 Lausanne 14 T 021 318 91 02, F 021 323 37 00 Jacques Bühler www.bger.ch

76 Price Supervision Commission: subscription prices for the reception of radio and television channels via the cable network The Price Supervisor held that providers of radio and televi- sion channels via cable charged excessively high prices, and fixed a lower price. The Competition Appeals Commission dismissed the appeal against the ruling of the Price Supervi- sor, and the Federal Supreme Court rejected the subsequent administrative court appeal. The appellant is the sole provider of channels via cable in its coverage area. As the cable reception for radio and television under current circum- s stances (consumer habits etc.) still constitutes a market in it own right, even in comparison with satellite reception, the price charged by the provider was not the result of effective competition. In the investigation of the price, the starting point is the costs shown on the bill, and costs for future investments in technical modifications that are not stated in specific terms may not be taken into consideration. The price fixed by the Price Supervisor must allow the provider to achieve a suitable profit (income, ratio of profit to capital). Hidden reserves count towards the capital used to determine the level of income only if they can be and are substantiated, Federal Supreme Court Procedure and are not based on the hitherto inflated prices. In general, a party submits an appeal petition setting forth the grounds for appeal, after which the respondent is invited to make his position known. The Federal Supreme Court may then arrange a further exchange of written submissions before it delivers judgement.

Jurisdiction on Civil cases Criminal cases Administrative cases constitutional questions The Federal Supreme Court The Federal Supreme Court pri- The court in Lausanne examines The Federal Supreme Court hears hears appeals against cantonal marily considers nullity appeals appeals from most areas of the constitutional law appeals court decisions. The value of the against cantonal judgements. administrative law of the Con- against cantonal decisions and matter in dispute in cases relat- It may, however, only examine federation and the cantons, decrees, where the grounds of ing to property must amount to the judgement for a violation of while the Federal Insurance appeal relate to violations of the at least eight thousand francs. federal law. In the event that the Court in Lucerne handles constitutional rights of citizens. In all civil cases that are not appeal is successful, the case is appeals against decisions in the Appeals most frequently involve subject to a right of appeal, a referred back to the lower court, field of social insurance law. the failure to observe procedural nullity appeal is admissible, in which will rule again in accor- Administrative law appeals safeguards (the right to a fair particular when the jurisdiction dance with federal law. are admissible in the event of a trial, etc.) or a violation of the of cantonal courts is in dispute. violation of federal law, inaccu- prohibition of arbitrary action, In so-called direct proceed- rate or incomplete ascertain- for example when weighing up ings, the Federal Supreme Court ment of the facts, and in certain evidence. rules as the sole instance on dis- cases where a judgement is Constitutional law appeals putes between a canton and the alleged to be unreasonable. result in the harmonisation of Confederation, or between can- the essential points of the can- tons. tonal procedural regulations. The Federal Supreme Court may not, however, examine the constitu- tionality of federal legislation.

77 The Federal Insurance Court The Federal Insurance Court is based in Lucerne and is considered to be an organisationally independent division of the Federal Supreme Court. Its eleven federal judges and eleven substitute judges are responsible for social insurance law as part of administrative law.

The Federal Judges in Lucerne The Federal Insurance Court is Susanne Leuzinger-Naef President the final instance in administra- SP, 1996 tive court actions against deci- Pierre sions of cantonal insurance Ferrari Vice-President courts and other authorities in FDP, 1996

the domain of federal social Ursula insurance. This includes Old Age Widmer-Schmid FDP, 1984 and Survivors’ Insurance (AHV), Invalidity Insurance (IV), supple- Ulrich Meyer mentary insurance to the AHV/IV, SP, 1986 occupational pension coverage Alois (Second Pillar), health, accident, Lustenberger CVP, 1986 military and unemployment insurances as well as regulations Franz Xaver Schön on income substitution and child CVP, 1990 allowances for farming families. Aldo Within these fields, the court Borella FDP, 1993 rules on cases primarily involv- ing benefit claims, such as pen- Rudolf Ursprung sions, daily allowances or pay- SVP, 2001 ments in kind, and compulsory Yves payments by the insured person Kernen or the employer in the social SVP, 2001

insurance branches mentioned Jean-Maurice above. Frésard SP, 2001 Besides its rulings in individ- ual cases, the decisions of the Hansjörg Seiler court are important for the har- SVP, 2005 monised interpretation of the fragmented social insurance leg- islation and its development.

i General Secretariat Schweizerhofquai 6 6004 Lucerne T 041 419 35 55 http://www.bger.ch

78 The new Federal Courts of the first instance The popular vote on the reform of the courts of March 2000 made it possible to create two new federal courts of the first instance. This will relieve the pressure of business on the Federal Supreme Court in two ways: firstly, disputes that have already been judged in a lower court are less likely to be brought before the Federal Supreme Court. Secondly, the Federal Supreme Court can restrict itself to actual issues of law and will not be required to consider already established issues of fact.

The Federal Judges in Bellinzona The Federal Criminal Court began Alex The planned Federal Administra- Staub President its duties in Bellinzona on 1 FDP tive Court is expected to begin its April 2004. It rules in the first duties in 2006 in St. Gallen. It Andreas instance on criminal cases that Keller Vice-President will rule on appeals against CVP fall within federal jurisdiction. orders from the Federal Adminis- These cases include matters rela- Emanuel tration. It will essentially have Hochstrasser ting to organised and white-col- SVP three functions: lar crime, money laundering and Firstly, it will consolidate the Peter corruption. Popp approximately 30 Federal The Criminal Chamber of the CVP Appeals Commissions and com-

Federal Criminal Court replaced Bernard plaints services that are already Bertossa the Criminal Court of the Federal SP currently courts that are subor- Supreme Court in Lausanne, dinate to the Federal Supreme Sylvia while the Appeals Chamber Frei-Hasler Court, or which, like the Asylum assumed the responsibilities of SVP Appeals Commission, act as a

the Prosecution Chamber, such Myriam court of final instance. as hearing appeals against offici- Forni Secondly, it will fill the gap SP al acts or failures to act by the where hitherto there have not Attorney General of Switzerland Daniel been any lower courts. The Feder- Kipfer Fasciati or the federal examining magis- GP al Administration currently trates. issues an average of around 3000 Barbara Ott orders every year that are not Lib. subject to a right of appeal to a i Tribunale penale federale Casella postale 2720 Tito federal appeals commission. 6501 Bellinzona Ponti FDP Lastly, it will enable the basic T 091 822 62 62 F 091 822 62 42 right to be able to bring an Walter Term of office Wüthrich action in an independent court to The judges have a term of office of SP be fulfilled in areas where final six years, the same as that of the decisions are currently being judges in the Federal Supreme Court. The term of office can be terminated made by the Federal Council or a ahead of schedule in the event of federal department. retirement or removal from office. The conditions for removal from office include a wilful or grossly negligent breach of duty or permanent incapaci- ty, for example, as a result of illness. The Federal Assembly is responsible for removing federal judges, and also acts as their supervisory body.

79 Edited by Federal Chancellery, Information Service Concept, design, composition Jeanmaire & Michel AG, Bern Photography Stefan Walter, Zurich Pages 21-23: Members of Parliament: Senn & Stahl, Bern Pages 34-37: School of Art and Design Zurich, Photography Party distribution Page 26: Michael Hermann, Geographical Institute, Film images Pages 30–31: © Ciné Manufacture; Stage direction: Jean-Stéphane Bron; www.maisimbundeshuus.ch Prepress + CTP Ast & Jakob, Vetsch AG, Köniz Printed by Vogt Schild/Habegger Medien AG, Solothurn

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28th edition, March 2006

80 www.admin.ch