Files in different colours in a shelf

Divisions

 

The Swiss Federal Administrative Court (FAC) is comprised of six divisions, each devoted to specific legal areas. The Annex to the Standing Orders of the Federal Administrative Court (FACSO) contains a detailed allocation of assignments.

  • Division I

    Division I is responsible for state liability and recourse, federal employment and data protection.

    In addition, it handles matters pertaining to Switzerland's two federal institutes of technology, fitness and sports, the armed forces, civil protection and war materials. Other areas include customs duties, taxation, alcohol, preservation of nature and habitats, footpaths and hiking trails, spatial planning and expropriation. Division I is also responsible for infrastructure projects, water rights, national roads, energy, traffic and transport, protection of the environment and water resources, post and telecommunications, radio and television, forests and hunting.

    Division I also deals with authorization procedures in agreement with the Federal Act on the Intelligence (ISA). As a rule, judgments rendered by Division I may be appealed before the Federal Supreme Court (FSC).

  • Division II

    Division II handles primarily cases pertaining to economic affairs, competition and education. Division II is comprised of 8 sections dealing with the following domains:

    Section 1
    • Cartel law and price supervision
    Section 2
    • Public procurement
    Section 3
    • Law on the commercial register and on business names
    • Intellectual property
    • Protected designation of origin
    Section 4
    • Agriculture
    • Animal protection
    • Epizootic diseases
    • Species Protection
    Section 5
    • National economic supply
    • Construction products
    • Precious metal control      
    • Foreign trade / export risk guarantee (ERG) / Embargo Act
    • Other matters not assigned to any section (incl. civilian service)
    Section 6
    • Venture capital companies
    • National bank
    • Supervision of financial institutions and stock exchanges
    • Money laundering
    • Supervision of private insurances
    • Administrative assistance
    • Audit oversight
    Section 7
    • Education / examinations
    • Labour legislation
    • Unemployment insurance
    Section 8
    • Subsidies / promotions / contributions (excl. agriculture)
    • Gambling casinos
    • Gambling games
    • Supervision of foundations

     

  • Division III

    Division III handles cases with a focus on social security and public health.

    Among other things, this primarily involves cases relating to invalidity insurance and old age and survivors insurance for people living abroad, but also special matters relating to occupational pensions (e.g. partial liquidation of occupational pension funds), health insurance (e.g. hospital planning or fees), accident insurance (e.g. company policies) and health remedies (e.g. licencing).

  • Division IV

    Division IV is responsible for matters pertaining to asylum

    Like Division V, Division IV handles complaints filed against decisions of the State Secretariat for Migration (SEM) (e.g. decisions to discontinue examination of an asylum application, to reject an asylum application as well as to issue and enforce removal orders). Division IV is also responsible for handling appeals against decisions to revoke temporary admission within the framework of asylum proceedings or against preliminary decisions to deny entry or to require individuals to remain in a designated area within the airport. Moreover, Division IV handles decisions on the denial or revocation of temporary protection.

    Unlike the other three divisions of the FAC, Divisions IV and V rule in the last instance. Their judgments cannot be appealed before the Federal Supreme Court (FSC). A characteristic of the Asylum Act (SR 142.31) is that it authorises substantive judgments to be rendered by a single judge, with the consent of a second judge, in certain cases.

  • Division V

    Division V is responsible for matters pertaining to asylum

    Like Division IV, Division V handles complaints filed against decisions of the State Secretariat for Migration (SEM) (e.g. decisions to discontinue examination of an asylum application, to reject an asylum application as well as to issue and enforce removal orders). Division V is also responsible for handling appeals against preliminary decisions to deny entry or require individuals to remain in a designated area within the airport, assign asylum seekers to specific cantons, deny family reunification, revoke asylum status, revoke temporary admission within the framework of asylum proceedings or order detention pending deportation.  

    A characteristic of the Asylum Act (SR 142.31) is that it authorises substantive judgments to be rendered by a single judge in certain circumstances. Divisions IV and V rule in the last instance; their judgments cannot be appealed before the Federal Supreme Court (FSC).

  • Division VI

    Division VI handles matters in law concerning foreigners and citizenship.

    For instance, this includes entry, preventing entry, residence, temporary admission and identity documents. Division VI also deals with cases in the following areas: recognition of statelessness, police anti-terrorism measures, social assistance for Swiss citizens residing abroad, and parts of asylum law (e.g. managing reception centres, assigning asylum seekers to specific cantons, asylum costs).