Facts
The appellant K. filed a complaint against a decision of the Unemployment Insurance Office of the Canton of Zurich and the Appeals Commission for Unemployment Insurance of the Canton of Zurich. He argued that the Appeals Commission was not an independent and impartial tribunal within the meaning of Article 6(1) ECHR and that the previous instance proceedings had not been public, which also constituted a violation of Article 6(1) ECHR.
The Federal Court rejected the allegation of lack of independence and impartiality of the Appeals Commission. The Appeals Commission is a court based on law, whose members are elected by the Cantonal Government, which does not call into question their judicial independence.
Considerations
With regard to the public nature of the proceedings, the Federal Court found that disputes over social insurance benefits fall under the concept of "civil rights and obligations" within the meaning of Article 6(1) ECHR. Thus, this provision is applicable in the cantonal appeal proceedings and in the proceedings before the Federal Insurance Court.
However, the Federal Court denied the appellant's claim for a public hearing. It stated that in the field of social insurance law, an express or implied request is required for the conduct of a public hearing, unless important public interests would require a public hearing.
In the present case, the questions to be assessed were largely of a very technical…