Swiss Federal Judge Donzallaz Steps Down as Parliamentary Body Backs Van de Graaf

Swiss Federal Supreme Court Judge Yves Donzallaz has ended his bid for re-election and will step down from the bench. The decision marks a reversal for the independent magistrate, who had previously indicated he would contest decisions concerning his status as far as the European Court of Human Rights. Donzallaz, who previously severed ties with the Swiss People's Party (SVP), withdrew after prospects for securing sufficient parliamentary support declined.

Concurrently, the parliamentary Judicial Committee voted by a narrow majority to recommend Federal Judge Beatrice van de Graaf for re-election. The committee had delayed its endorsement to review a formal finding from the Federal Supreme Court regarding a past romantic relationship between van de Graaf and Donzallaz. The Supreme Court concluded that the relationship violated provisions of the Federal Supreme Court Act concerning judicial independence and statutory compliance.

Despite the court's finding, the committee majority determined that the violation did not meet the criteria for removing a sitting judge from office. Statutory non-re-election requires a severe, intentional, or grossly negligent breach of official duties. According to the committee majority, the boundary between a legal personal relationship and an impermissible conflict of interest is not clearly defined, which reduced the severity of the culpability when the boundary was crossed.

The recommendation faces opposition from a sizeable minority within the Judicial Committee that advocates against van de Graaf's continuation in office. The final authority rests with the Swiss Federal Assembly, which is scheduled to vote on the judicial mandates in December. The parliament has historically overridden committee recommendations in high-profile judicial selections, notably during the re-election vote of former Attorney General Erwin Beyeler.

Written by Thorben Thiede thorben.thiede@alpineweekly.com