Liebe zwischen Bundesrichtern – Gremium legt Bericht vor – das Wichtigste

A federal court in Switzerland has released a confidential report following public revelations of a romantic relationship between two senior judges, Yves Donzallaz and Beatrice van de Graaf. The report, compiled by an independent expert panel after being commissioned by the Federal Supreme Court, outlines findings based on interviews with 13 individuals. It addresses key questions regarding the duration of their relationship, whether they lived together, and the intensity of their connection. The document has been forwarded to the Office of the Federal Chancellor and the Judicial Commission of the Federal Assembly, which will review its contents before making further decisions. The revelation of the relationship emerged in April when Die Weltwoche, a Swiss weekly magazine, published details about the personal life of the two judges. This led the Federal Supreme Court to commission the independent investigation, aiming to determine whether the pair had violated legal restrictions on judicial relationships. According to Swiss law, judges must not live together in a common household. The report confirms this rule applies to all federal judges, including those serving in the highest courts. The findings suggest that the relationship could have compromised the impartiality of the judiciary. The report notes that the two judges were both active within the court system during their time together, raising concerns over the integrity of judicial proceedings. Legal experts refer to this situation as a potential breach of the principle of “proper composition” of the court, meaning that the presence of a romantic relationship might have affected the fairness of rulings made by these judges. Eight individuals have requested that past judgments involving either Donzallaz or van de Graaf be reassessed. These claims argue that the judges may have acted improperly due to their relationship, potentially leading to invalid verdicts. In extreme cases, such rulings could be deemed legally unsound, requiring new trials conducted by a properly constituted court. However, the report does not disclose intimate details of the relationship, though it likely includes them. The public will learn whether the relationship qualifies as a “common household,” a crucial legal threshold, but will remain unaware of more private aspects. Now that the report has reached the Federal Assembly’s Judicial Commission, the next steps involve evaluating how the findings influence future actions. The Judicial Commission, responsible for recommending the re-election of judges, will consider the report alongside other factors before deciding whether to support the continued service of Donzallaz and van de Graaf. Meanwhile, the Office of the Federal Chancellor oversees the broader implications of the case, ensuring compliance with legal standards governing judicial conduct. This case highlights ongoing challenges in maintaining ethical boundaries within the judiciary, particularly when personal relationships intersect with professional responsibilities. As the process unfolds, the focus remains on determining whether the judges’ actions adhered to legal and ethical norms, and what consequences, legal or administrative, may follow. The outcome of this inquiry will shape not only the careers of the two judges but also set precedents for future judicial conduct in Switzerland.