Code of Judicial Conduct

The Judges of the Federal Administrative Court, after a broad consultation process, adopted the present Code of Judicial Conduct on 26 Mai 2011,

• aware that the Federal Constitution affords everyone the right to have their case heard by a legally constituted, competent, independent and impartial court,
• aware that in a country based on the rule of law, it is absolutely essential for all judges to perform their duties diligently and strive to build and maintain trust in the judicial system, and
• aware of their responsibility to perform tasks collegially and in accordance with the principles of independence, impartiality and diligence.

1. Judges shall perform their duties independently. They shall refrain from any conduct that might call their independence into question.
2. Judges shall not allow their judgments to be influenced by pressures exerted by the general public, by litigants or by third parties. They shall also avoid any appearance of being influenced in any way.
3. Judges shall perform their duties on their own and independently from their colleagues. They shall remain beholden only to the law and jurisprudence.
4. Any activities carried out by judges outside of court shall in no way tarnish the image of the court nor create conflicts of interest.

1. Judges shall respect the dignity of each person, particularly litigants and their legal representatives. They shall avoid any form of discrimination based on culture, political orientation, religion, gender, race, ethnicity or citizenship.
2. Judges shall consider only the facts and shall apply the law without preconceptions.
3. Judges shall generally refrain from commenting on court cases in progress. They shall avoid exerting any influence that might undermine fair court proceedings and raise sus- picions of partiality.

1. Judges shall perform their duties in a diligent, conscientious and efficient manner.
2. Judges shall pursue continuing education and training in specific areas.
3. Judges shall not use their position in professional or private circles for the purpose of obtain- ing personal gain and/or privileges.
4. Judges who express their personal views to the media shall do so in a moderated fash- ion being fully aware of their role in society. They shall use only the information channels established by the court. They shall not discuss internal affairs in public.
5. Doctrine and jurisprudence shall be discussed, analysed and commented on in a spirit of respect for the convictions of others.
6. Judges shall adhere to the coordination decisions made by executive bodies.

1. Judges shall treat each other with respect, dignity and tact.
2. Judges shall actively contribute to court business, shall attend meetings and assist one another when needed.
3. When rendering judgments, judges shall exchange their legal opinions clearly and pre- cisely with fellow judges and court clerks.

1. Judges shall treat all court staff with respect and appreciation.
2. Judges shall support all court staff in their professional development, allocating re- sources on the basis of observed potential.
3. Judges shall perform their duties in a transparent fashion, creating an atmosphere of trust, discouraging inappropriate behaviour and avoiding conflicts.
4. Judges with managerial responsibilities shall maintain good relations with other public institutions and shall loyally defend the decisions of the Plenary Court.