Giusep Nay

Giusep Nay ( born August 9, 1942 in Trun, Grisons ) is a Swiss lawyer. He was from 1989 to 2006 Judge at the Swiss Federal Supreme Court from 2004 until 2006, the first federal court president Romansh.

Career and Personal

Giusep Nay is a citizen of Trun, where he attended primary school. After high school at the convent school in Disentis and his training as a doctor of law at the Universities of Freiburg and Zurich Giusep Nay worked as a law clerk at the District Court of Graubünden 1970-1975, then opened in 1975 a private law office in Chur and was a part-time until 1984 Secretary the Catholic Church Grisons country, to 1980, District Judge, District Court of Plessur, 1981-1984 Grisons cantonal judge and 1984-1988 substitute judge at the federal courthouse.

Federal Judge

1988 Giusep Nay was proposed by the Christian Democratic People's Party for the federal judgeship, a position he held from 1989 to 2006.

Of the (by date 2006) 196 Federal judges and federal judges Giusep Nay was the second Rhaetian at the Palais de Mon Repos. The first, Andrea Bezzola, officiated from 1892 to 1896. Giusep Nay was the first Romansh Federal Court President, and also currently the only federal judge who wrote a decision on RG.

Nay was elected on 15 December 2004, the Federal Tribunal President. As a federal court president to Giusep Nay had also with the removal of the judges from 41 to 38 federal judges and the associated savings deal. Also in his tenure, the merger of the federal courts in Lausanne and Lucerne and the reorganization involved.

In his presidential office itself Giusep Nay sat firmly committed to the independence of the Federal Court and was therefore anxious to preserve the independence of the Federal Court in exercise of pressure. In connection with the controversial decision of the Federal Court, which is not founded referendums on the naturalization of foreigners are unconstitutional, he declared: " The legitimacy of the law is justified in a democracy, but democracy is legitimate only if it is grounded in the law. "

In May 2006 Nay announced his retirement from the Federal Court to the end of the year. Along with Giorgio Malinverni and Lili Nabholz he was nominated by the Federal Council as the successor of Lucius Wildhaber as Swiss Judge at the European Court of Human Rights on the prescribed list of three. Was elected Giorgio Malinverni. Nay was appointed as ad hoc judge at the ECHR in Strasbourg.

Scientific activity

Scientific Nay is mainly in criminal and constitutional law - in the areas of freedom of language and the relationship between church and state - active. He is also editor of the Journal of Legislation and case law in Graubünden, a member of the University Council of the University of Freiburg and the Section " reform the criminal nature " of Caritas Switzerland.

Giusep Nay has authored a variety of publications, including, inter alia his doctoral dissertation, " The youth criminal law in Graubunden ».

Awards

• 2009: Herbert - Haag- Price