Facts
By decision of May 10, 2010, the Cantonal Council of the Canton of Zurich adopted the Cantonal Act on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG/ZH). Section 36(3) GOG/ZH regulated the eligibility requirements for commercial court judges, according to which a person is eligible if they are active as the owner or in a managerial position in a company or have held such a position for at least ten years.
Markus Bischoff and co-participants filed a complaint against this provision with the Federal Supreme Court. They alleged a violation of Art. 40(1) of the Zurich Cantonal Constitution (KV/ZH), which regulates the eligibility for the highest cantonal courts.
Considerations
The Federal Supreme Court upheld the complaint. It stated that Art. 40(1) KV/ZH generally guarantees the eligibility of those entitled to vote in cantonal matters for the office of a senior judge or commercial court judge. The additional eligibility requirements pursuant to Section 36(3) GOG/ZH significantly restrict the circle of eligible persons and are incompatible with the Cantonal Constitution.
The Federal Supreme Court emphasized that the professional quality of the commercial court judges is of particular importance, but this cannot be ensured solely by the criteria contained in Section 36(3) GOG/ZH. The…