The Federal Court denounces the interference of the SVP

The Federal Court denounces the interference of the SVP
The Federal Court denounces the interference of the SVP

During Wednesday’s elections for the presidency and vice-president of the Federal Administrative Court (TAF), the UDC refused to support the candidacy of Contessina Theis, proposed by the Greens for the post of vice-president against a backdrop of politics of asylum.

National Councilor Pascal Schmid (UDC/TG) took the floor to challenge the judge, a member of one of the two asylum sections of the Federal Administrative Court. She was president of the court which delivered a judgment on November 22, 2023 in favor of Afghan women, which the UDC is fighting.

This judgment of November 22, 2023 recognizes two Afghan sisters as refugees due to systematic discrimination in their country against women and girls by the Taliban. This decision was welcomed by asylum circles: “The Court affirms in this judgment that the radical and systematic discrimination of women by the Taliban constitutes a significant reason for persecution with regard to refugee law and that a self-determined life for women and girls in Afghanistan is not possible under the current regime.

“Far be it from me to criticize the judgment here… said the UDC elected official, provoking laughter on the left. We respect the separation of powers. What deserves to be criticized is that the verdict was not coordinated with the second asylum service. If a department of the Federal Administrative Court wishes to make a decision different from previous practice, it is required, in accordance with Article 25 of the Administrative Court Act, to coordinate with both departments and with all 27 judges asylum. Without such coordination, a ministry is not allowed to make different decisions.”

On Wednesday, the elected representatives of the UDC and certain PLR therefore refused to vote for her, either by voting blank or void. She was still elected by 144 votes out of the 246 members of the Federal Assembly.

The Federal Court reacted this Thursday to these events to display in a press release “its concern to see that the eligibility of a member of the Federal Administrative Court for Vice-President is being called into question by a parliamentary group based exclusively on the positions taken by this judge in the context of the application of the law.

The TF specifies that “the implementation of a coordination mechanism plays an essential role in the creation of case law. Making the eligibility of a member of a court dependent on his possible role in the decision to proceed or not with coordination therefore constitutes an unacceptable interference with the independence of the judiciary.”

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