Diritto amministrativo e processuale civile svizzero
- Overview
- Assessment methods
- Learning objectives
- Contents
- Bibliography
- Teaching methods
- Contacts/Info
The student should have a general knowledge of the structure of the Swiss Confederation, knowledge of at least the content of Civil Procedural Law 1 course is preferrable; for the second module, prior reading of: Markus Müller, Droit administratif, Origine et spécificité, Bern 2006, (ISBN 3-7272-1741-3); Ètienne Grisel, Gouvernement suisse, Le Conseil fédéral, Bern 2010, (ISBN 978-3-7272-1748-7) is suggested.
Final oral examination, with grade expressed in thirtieths.
The course consists of two modules.
The first one is aimed at providing the student with a systematic overview of the Swiss Code of Civil Procedure, of its scope of application and of its classical principles, setting them down in the pragmatic application that is made of the code by the judicial and conciliation authorities. In particular, the characteristics of the ordinary procedure, the simplified procedure and the summary procedure; the provisional measures, the peculiarities of the evidentiary phase in the Swiss civil procedural system and the means of appeal will be outlined, hints will be provided with respect to the forced enforcement proceedings and the ADR.
The second module focuses on the general part of Swiss administrative law, the administrative organization of the Confederation and the federal and cantonal administrative procedure. In addition, at least two topics of the special part (public procurement, urban planning law or expropriation) are covered. The student will have to demonstrate that he/she has acquired the fundamentals of Swiss administrative law and of administrative and judicial organization.
- Swiss Civil Procedural Law:
The object and scope of the Swiss Code of Civil Procedure; the organization and jurisdiction of courts and conciliation authorities; objection to the judge in Swiss civil procedural law; the classical principles of civil procedure and the particularities of the Swiss civil procedural system; procedural prerequisites; actions; jurisdiction and lis pendens; parties and third parties; the value of litigation; court costs and free legal aid; the direction of the process, procedural briefs and deeds and time limits; the ordinary procedure; the simplified procedure; the summary procedure; provisional measures; the taking of evidence in the Swiss civil procedural system; legal assistance between Swiss courts; means of appeal; hints on the forced enforcement proceedings; the attempt at conciliation; hints on mediation and arbitration.
- Swiss Administrative Law:
Introduction; administrative law: definition and sources; entry into force, checking for compatibility with the Federal Constitution, and hierarchy of norms; organization of the central state; administrative acts; cantonal administrations; decentralized administration; forms of cooperation in administrative law; concessions; administrative authorization (reminder); public property and other state assets; constitutional principles governing administrative activity; general procedural safeguards; system of rights protection; public taxes; liability of the public body; planning and building law; introduction to public procurement law.
On the e-learning site are available: the Swiss Code of Civil Procedure and some materials; the handouts of the second module and other relevant materials.
Each individual module will be 25 hours of face-to-face lectures.
The professors will meet with students after lecture or by confirmed appointment via email.