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Report No. 45

24. Position in Germany and Switzerland.-

It may be of interest to mention here that the Basic Law of Germany1 expressly refers to the need for preserving uniformity of application in the Republic. The relevant provisions are as follows:-

"Article 95. (1) To preserve the uniformity of application of federal law a Supreme Federal Court will be established.

(2) The Supreme Federal Court decides cases in which the decision is of fundamental importance for the uniformity of the administration of justice by the higher federal courts.

Similarly, in Switzerland, the primary task of the Federal Tribunal is to ensure the uniform application of the federal laws. As the Federal legislature has used its constitutional grant of power to establish single uniforms codes of justice, most law has become federal law. As there are no inferior federal courts in Switzerland, the case which the Federal Tribunal decides come to it directly from the courts of all twenty-two cantons. Therefore, if on any point or points of law involved in a case, there appears to be a divergence of views, there is a fit case for grant of certificate.

1. Article 95(1) and (2), Basic Law of the Federal Republic of Germany.

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