Glossary / Federal Supreme Court Procedure

Subsidiary constitutional complaint

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.

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