Giusep Nay

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Giusep Nay (born August 9, 1942 in Trun , Graubünden ) is a Swiss lawyer. From 1989 to 2006 he was a judge at the Swiss Federal Supreme Court and from 2005 to 2006 the first president of the Romansh Federal Supreme Court .

Career and personal information

Giusep Nay is a citizen of Trun, where he attended primary school. After high school at the monastery school in Disentis and his training as a doctor of law at the Universities of Freiburg and Zurich , Giusep Nay initially worked as a clerk at the Cantonal Court of Graubünden from 1970 to 1975, then opened his own law office in Chur in 1975 and was a part-time secretary until 1984 of the Regional Catholic Church of Graubünden, district judge at the Plessur district court until 1980, Graubünden cantonal judge from 1981 to 1984 and substitute judge at the federal court from 1984 to 1988.

Federal judge

In 1988 Giusep Nay was proposed by the Christian Democratic People's Party for the federal judge's office, which he held from 1989 to 2006.

Of the 196 federal judges (as of 2006), Giusep Nay was the second Rhaeto-Romanic in the Palais de Mon Repos . The first, Andrea Bezzola , served from 1892 to 1896. Giusep Nay was the first President of the Rhaeto-Romanic federal court and wrote the first decision in Rumantsch Grischun after Romansh had become part of the official language of the federal government. Until 1996 he was a member of the Court of Cassation for criminal matters, after which he was part of the I. Public Law Department.

Nay was elected President of the Federal Supreme Court on December 15, 2004. As President of the Federal Supreme Court, Giusep Nay also had to deal with the merger of the Federal Insurance Court in Lucerne with the Federal Supreme Court in Lausanne, the corresponding reorganization of the Federal Supreme Court and the associated reduction in the number of judges from 41 to 38 federal judges.

In his presidential office, Giusep Nay campaigned resolutely for the independence of the Federal Supreme Court and was concerned about maintaining the independence of the Federal Supreme Court in the event of pressure. In connection with the controversial decision of the Federal Supreme Court, according to which unjustified referendums on the naturalization of foreigners are unconstitutional, he stated: "The legitimacy of the law is based on democracy, but democracy is only legitimate if it is based on the law."

In May 2006, Nay announced his resignation from federal court at the end of the year. Together with Giorgio Malinverni and Lili Nabholz , he was proposed by the Federal Council as the successor to Luzius Wildhaber as a Swiss judge at the European Court of Human Rights on the mandatory list of three. Giorgio Malinverni was elected. Nay was appointed as an ad hoc judge at the ECHR in Strasbourg.

From 2013 to 2016 Nay participated in an Advisory Panel of Experts on Freedom of Religion or Belief of the OSCE / ODIHR in Warsaw.

Scientific activity

Scientifically, Nay is primarily active in criminal law and constitutional law - in the areas of freedom of language and the relationship between state and church . He was also the editor of the magazine for legislation and jurisprudence in Graubünden , was a member of the university council of the University of Friborg and the specialist group “Reform in the criminal system” of Caritas Switzerland .

Giusep Nay has written a large number of publications, including his doctoral thesis “The juvenile criminal procedure in Graubünden law”.

Political activity

Giusep Nay is a member of the 23-person initiative committee of the corporate responsibility initiative . The popular initiative demands that corporations based in Switzerland respect human rights and international environmental standards.


Web links


  • The text comes partly from the approval of Giusep Nay in the United Federal Assembly by the President of the National Council, Claude Janiak , AB 2006 N 1624 f.  (public domain)

Individual evidence

  1. BGE  122 I 93
  2. Personalities. In: Retrieved January 4, 2020 .