Some Points of the Civil Service Law of Switzerland

Abstract

by Dr. Ernest Steiner, Barrister-at-Law

Due to the federal character of the Swiss State, there is a notable diversity in the administrative structures of the Central Authority, the several cantons and the municipalities.

A number of traits are noteworthy, particularly by students from abroad.

In small cantons (such as Uri and Schwyz) members of the State Council follow some external profession or trade, and devote only part of their time to the conduct of public affairs. This is also true of Geneva, where some of the councillors are practising lawyers. The Prefects of some cantons (such as Lucerne) are in the same position. In the lower and the cantonal courts, some of the asessors, or assistant judges, are farmers, skilled workmen or common labourers, some Benches even being filled exclusively with non-jurists.

Some of the Swiss offices are elective. The higher office-holders of the Confederation, the Federal Councillors, the Federal Chancellor, and the Federal Judges, are chosen by the Federal Assembly (Parliament) both Houses sitting together. The Federal civil servants are appointed by the Federal Council, or by delegation of its powers.

In the cantons, members of the Government are elected by popular vote. The Grand Council appoints the members of the Cantonal Courts. Prefects (whose office is not found in every canton) are elected popularly, or by the State Council. Presidents and judges of the lower courts are elected either popularly or by the Cantonal Court.

Municipal councillorship is elective. Lower local officials are appointed by the Municipal Council. In some cantons, even elementary schoolmasters are elected by popular vote, though elsewhere this is the responsibility of the Municipal Council assisted by the board of governors.

The Federal Authorities work on the principle of periodic reelection of civil servants, none of whom is theoretically appointed on a permanent basis. The tenure of office is habitually of four years in theory, but in practice re-appointment is almost certain.

Federal Civil Servants are ineligible to the Federal Legislature. This is, however, not generally so at the canton level, and they may stand for election to most Cantonal Councils.