Lexipedia

Subsidiary constitutional complaint

An extraordinary Federal Supreme Court remedy used when no ordinary appeal is available, limited to alleged violations of constitutional rights.

In Swiss Federal Supreme Court procedure, the subsidiary constitutional complaint is a fallback remedy. It is available only if an ordinary appeal to the Federal Supreme Court is excluded. The complainant must generally invoke a legally protected interest and must specifically allege and reason a violation of constitutional rights. The Court does not review the whole case freely; it examines only properly raised constitutional grievances. The remedy therefore plays an important role in gaps left by ordinary appeals, especially in low-value or excluded matters.

Subsidiary constitutional complaint | Lexipedia