Higher Court of the Canton of Zurich

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View of the courthouse from the south
East facade

The Supreme Court is one of the three highest courts in the Canton of Zurich . It is the highest ordinary cantonal authority in civil and criminal matters and has its seat in Zurich .

history

The mediation constitution of 1803 created a court of last instance for all civil and criminal proceedings, each consisting of 13 members of the great council. The Restoration Constitution of 1814 adopted this order, but the Court of Appeal was renamed the Higher Court.

With the liberal constitution of 1831 passed under the influence of the July Revolution of 1830 , the separation of powers and the independence of the judiciary were introduced in the canton of Zurich. From today's perspective, this date is also considered to be the hour of birth of the higher court. The first president of the court was the radical-liberal politician Friedrich Ludwig Keller .

The eleven judges received an annual salary of 1,400 francs each .

The court was initially housed in the town hall on the Limmat. In 1837 it was able to move into the house built especially for its needs between the chairman's office at Hirschengraben 15 and the then Theater an der Untere Fences. In 1876 the company moved to the expanded old casino . This location was expanded in 1936, 1984 and most recently in a comprehensive renovation in 2008–2012 and adapted to current needs.

Existence and constitution

The members and substitute members of the higher court are elected by the Cantonal Council. The higher court has the right to propose the election of half of the substitute members. The term of office is six years. At the moment 40 judges share the 35 full-time equivalents. The number of substitute members was set at thirty by the Cantonal Council.

Martin Burger, who was elected as Chief Justice in 2006, has been President of the Higher Court since 2016.

The members of the higher court are assigned to cantonal wage level 29 and receive wages between CHF 243,992 and CHF 266,788.

The court treats its business either as a single authority or in chambers, the commercial court sometimes also as a single court.

Competencies

The higher court is the highest cantonal authority in civil and criminal matters. It is an appeal and complaint authority according to the ZPO , StPO and JStPO . The higher court also decides on legal remedies against family law decisions of the district councils and the individual court in the area of ​​welfare deprivation of liberty.

The entire judicial administration is subordinate to the higher court, unless it is reserved for other authorities.

The two civil chambers decide mainly as an appeal instance on appeals and complaints against decisions of lower instances.

The first and second criminal chambers deal primarily with appeals against judgments of the district courts and the single judges. The III. The criminal chamber primarily deals with complaints against decisions and procedural acts of the courts of first instance, the public prosecutor's offices, the criminal offense authorities and the police. The compulsory measures court approves, among other things, covert investigations as well as the surveillance of postal and telecommunications traffic.

The appeals committee is formed from the five oldest members of the higher court, who are neither members nor substitute members of the administrative committee. The first-instance decisions made by the Administrative Commission can be referred to the Appeals Commission by appeal.

The Commercial Court of the Canton of Zurich is attached to the Higher Court .

The higher court also has the commission for examining lawyer candidates, the commission for examining notarial exam candidates, the supervisory commission for lawyers in the canton of Zurich, the examining commission for examining the eligibility of debt enforcement officers, the library commission, the expert commission for psychiatric and psychological reports and subordinate to the specialist group interpreting.

Web links

literature

  • Thomas Weibel: Friedrich Ludwig Keller and the Higher Court of the Canton of Zurich . Published on the occasion of the 175th anniversary of the Upper Court of the Canton of Zurich. Ed .: Higher Court of the Canton of Zurich. Zurich 2006.
  • Robert Hauser: The Zurich administration of justice in transition, 1831–1981 . On behalf of the higher court on the occasion of its 150th anniversary. In: Leaves for Zurich jurisprudence . tape 80 , issue 9/10. Zurich 1981, p. 258-319 .

Individual evidence

  1. ↑ According to Art. 74 Paragraph 2 of the Constitution of the Canton of Zurich , these are also the Administrative Court and the Social Insurance Court .
  2. ↑ § 8 Constitution of the Canton of Zurich of February 19, 1803 .
  3. ↑ § 40 ff. State Constitution for the Federal State of Zurich of June 11, 1814 .
  4. ↑ See § 61 ff State Constitution for the Federal State of Zurich of March 10, 1831 .
  5. ↑ http://www.bd.zh.ch/internet/baudirektion/de/aktuell.newsextern.-internet-de-aktuell-news-medienmitteilungen-2012-030_umbau_og.html bd.zh
  6. ↑ § 5 Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings of May 10, 2010 (GOG; LS 211.1) and Law on Political Rights of September 1, 2003 (GPR; LS 161)
  7. ↑ § 35 GOG
  8. ↑ Decision of the Cantonal Council on the number of members of the Higher Court of March 10, 2004 ( LS  212.521).
  9. ↑ Headcount in the 2007–2013 term of office  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. .@1@ 2Submission: Dead Link / www.obergericht-zh.ch  
  10. ↑ Constitution of the Higher Court of the Canton of Zurich at http://www.gerichte-zh.ch/organisation/obergericht.html
  11. ↑ Enforcement  Ordinance on the Personnel Act of May 19, 1999 ( LS 177.11).
  12. ^ Resolution of the Cantonal Council on the determination of the salaries of the members of the Higher Court of April 22, 1991 ( LS  212.53).
  13. ↑ § 45 GOG
  14. ↑ § 48 and 49 GOG
  15. ↑ § 76 Abs. 1 GOG
  16. ↑ a b Business distribution among the chambers  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. .@1@ 2Template: Dead Link / www.gerichte-zh.ch  
  17. ↑ § 48 GOG
  18. ↑ § 49 GOG
  19. ↑ § 47 GOG
  20. ↑ § 38 GOG

Coordinates: 47 ° 22 '17.6 "  N , 8 ° 32' 48.9"  E ; CH1903:  683,706  /  247336