Electronic communication for civil proceedings to become easier
Published: Friday, Mar 15th 2024, 13:20
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In future, anyone taking part in civil proceedings abroad from Switzerland will be able to be questioned by telephone or video link without official authorization. Parliament can decide on the necessary changes to the legal basis for this.
The Federal Council adopted the bill on Friday. Specifically, the Private International Law Act and Switzerland's declaration on the Hague Convention on the Taking of Evidence (Hague Evidence Convention) must be amended.
If a person in Switzerland is to be heard or questioned by telephone or video for civil proceedings abroad, the Federal Office of Justice must give its consent in each individual case. Against the backdrop of digitalization, this regulation is increasingly seen as cumbersome, wrote the Federal Council.
With the simplification now proposed, he wants to implement a parliamentary mandate. Authorization from the authorities should no longer be required for conversations via electronic means of communication. However, certain conditions must be met to protect the persons concerned and to safeguard Swiss sovereignty.
Affected parties must agree
For example, the Swiss authorities must be notified of the hearing or questioning. The competent cantonal legal assistance authority should be able to participate in the conference if it so wishes.
As is already the case today, those affected must give their consent to participate in the interview. Anyone who is questioned or heard has the right to be spoken to in his or her native language.
The regulation should now also cover hearings outside of the evidentiary proceedings. According to the Federal Council, this point was criticized in individual comments during the consultation process. And it should also apply to states that are not party to the 1970 Hague Convention on the Taking of Evidence.
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