Swiss Federal Court judge says affair ‘not illegal’

Swiss Federal Court judge Yves Donzallaz Keystone-SDA

Swiss Federal Court judge Yves Donzallaz has described his relationship with fellow judge Beatrice van de Graaf as "inappropriate", but not illegal.

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However, Donzallaz said in an interview with Tamedia newspaper group that the relationship was within the law.

Van de Graaf had given him permission to talk about their affair, which had since faded. “I think I was very naive,” said the federal judge in retrospect.

According to the Federal Court Act, judges who are “in a long-term cohabitation” are not allowed to sit on cases at the same time.

“A cohabitation presupposes that the partners share a common residence and everyday life,” argued Donzallaz. This was not the case. They were together “maybe two weekends a month”.

“Not a joint life project”

The relationship lasted for just under a year. They had realised that the situation would have become legally problematic “if we had decided to live together”, said Donzallaz.

Neither of them was prepared to leave the court. They separated at Easter 2026. “We realised that things had cooled down, that we didn’t have a common life project,” he said.

The question of bias had not actually arisen, Donzallaz said. “Judge van de Graaf and I have never decided a single case on the same panel.” There was also no legal basis that would have required the relationship to be disclosed. “Judges also have a right to a private life,” he said.

External panel

The relationship between the judges was publicised in the media at the end of April. At an extraordinary meeting in mid-May, all federal judges decided that romantic relationships between members of the court were contrary to the “customs of judges at the Federal Court”.

The Federal Court announced that the full court had reached this decision independently of the current case. “I can understand that colleagues wanted to express their concerns,” said Donzallaz.

An independent panel of experts is currently examining questions regarding the independence of Switzerland’s highest court. The panel is due to report to the Administrative Commission of the Federal Supreme Court at the end of June. “In the end, the version of events produced by the external experts will prevail,” said Donzallaz.

The judge announced that he intends to run for the 2027 to 2032 term of office: “Firstly, because I am convinced that I have done nothing wrong.” Secondly, he wants to continue in the direction he has taken in the administration of justice. The age limit applies at 68. Donzallaz would therefore step down in 2029.

Adapted from German by AI/mga

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