Codification of the Schubert practice
The Political Institutions Committee of the Council of States (PIC-S) proposes codifying the Federal Supreme Court’s Schubert practice to clarify the relationship between federal acts and the internal market agreements between Switzerland and the EU. Federal acts are to be binding on the Federal Supreme Court and the other authorities applying the law when the legislature deliberately departs from an internal market agreement with the EU. The PIC-S is submitting two variants for consultation: the first would enshrine the Federal Supreme Court’s Schubert practice at constitutional level, the second at statutory level.