Parliament facilitates cross-border civil proceedings
Published: Monday, Dec 16th 2024, 21:00
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In future, anyone participating in foreign civil proceedings from Switzerland will in principle be able to be questioned by telephone or video conference without official approval. Following the National Council, the Council of States has also approved a corresponding amendment to the Federal Act on Private International Law.
The federal decree on the use of electronic means of communication in cross-border civil proceedings is therefore ready for the overall vote in both chambers. Switzerland's declaration to the Hague Convention on the Taking of Evidence is also to be amended.
Under current law, prior authorization from the Federal Office of Justice is required if a person is to be questioned in Switzerland by telephone or video conference as part of foreign civil proceedings.
The Legal Affairs Committee of the Council of States found this regulation with individual case approval increasingly cumbersome. It called for simplifications in a motion that was adopted by the Federal Assembly. The proponents argued with the advancing digitalization and the experiences during the Covid-19 pandemic.
Conditions apply
According to parliamentary documents, no official approval is required for such cross-border video or telephone conferences, provided that certain conditions are met to safeguard Swiss sovereignty and protect the persons concerned.
For example, the Swiss authorities must be notified. Among other things, this should enable the competent cantonal legal assistance authority to participate in the conference if it so wishes.
The persons concerned are still entitled to certain rights - for example, to be questioned in their native language. The Council of States unanimously approved the decree on Monday.
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