Compatibility of the composition of the Federal Court's panel with the right to a tribunal established by law

Facts

The appellant A. alleges a violation of the right to a tribunal established by law under Art. 6 para. 1 ECHR. He claims that the composition of the Federal Court's panel in the specific case is not based on a statutory case allocation plan, but is at the discretion of the division president. The criteria for the court's composition provided for in Art. 16 para. 3 and Art. 40 of the Federal Court Regulations do not guarantee that the panel is sufficiently protected against external influence.

Considerations

The Federal Court notes that neither the Federal Constitution nor the ECHR or the related case law preclude an "active", i.e. not merely chance-based, composition of the panel, as long as it is regulated by law and based on objective criteria. This is the case with regard to the composition of the panels of the Federal Court.

The regulation on the composition of the Federal Court's panel pursuant to Art. 32 of the Federal Court Act and Art. 40 paras. 2-5 of the Federal Court Regulations contains predetermined criteria to be considered in each individual case for the composition of the panel. These criteria are objectively justified and are in line with Art. 30 para. 1 of…