Law in Switzerland

Switzerland is a federal state. Law is created at three levels: by the federal government, in the cantons (Kantone) and in the municipalities. As a rule, a lower level may not contradict the binding rules of a higher level. The Federal Constitution provides the basic state framework. Laws specify its requirements, and ordinances often regulate practical implementation. The cantons also have their own constitutions, laws and authorities. Public law covers the rules governing relations between the state and private individuals. Examples include tax law, building law and parts of immigration law. Authorities often make an initial decision by means of a formal administrative order, against which a legal remedy may be available. Private law regulates relationships between private individuals and businesses. It includes contracts, ownership, family matters, inheritances and compensation for damage. Criminal law, by contrast, determines which conduct is punishable and what consequences a criminal offence may have. The organisation of the courts depends on the area of law and the canton. A case often begins before a cantonal authority, a conciliation body or a court of first instance. Under certain conditions, a decision can later be appealed to a higher cantonal instance and ultimately to a federal court. In Switzerland, law is applied in German, French and Italian; some official contexts also involve Romansh. A cantonal term or name for a procedure may therefore differ depending on the language region. What matters is its legal function, not only its name. Documents, evidence and deadlines are practically important. Contracts, receipts, messages, photographs and official decisions can show what was agreed or what happened. Anyone who does not understand a letter should ask for clarification early and should not leave it unattended. The law provides protection and orderly procedures, but it does not guarantee the desired outcome. Costs, time, the evidence available and jurisdiction limit the possibilities. An early settlement or professional advice can sometimes resolve a dispute more easily than court proceedings.