On 25 September 2022, Vaud's electorate accepted by 65.18% Yes (turnout 51.36%) a partial revision of the cantonal constitution creating a Council of the Judiciary. Vaud thus became the last French-speaking canton to give itself such a body for overseeing the justice system.
Wanted by the State Council and a broad majority of the Grand Council, the Council of the Judiciary brings together nine members — judges of the Cantonal Court and the Public Prosecutor's Office, a first-instance judge, lawyers and members of civil society. It exercises administrative and disciplinary oversight of magistrates and issues an opinion before judges are elected by Parliament.
Only the SVP/UDC and the far left opposed it. Nearly four years on, this briefing tests the supporters' promises and the opponents' fears against the implementation observed since 2023.
▲ Overall result Constitutional revision accepted by 65.18% Yes, turnout 51.36%. The Council of the Judiciary is created and takes effect on 1 January 2023. | ▼ Voting map A broad, uniform Yes across the canton. The opposition, confined to the SVP/UDC and part of the far left, failed to dent the wide consensus in favour of modernised oversight of the judiciary. |
Key actors
▲ Yes camp • Vaud State Council (sponsor of the project) • FDP/PLR, SP/PS, the Greens, the Centre, GLP (broad Grand Council majority) • Supportive judicial circles (modernising oversight) | ▼ No camp • SVP/UDC Vaud, Yvan Pahud (group leader) (control by elected officials) • The far left (fear of technocratisation) |
Arguments and verdicts
▲ Arguments FOR (Yes camp) Create an independent body overseeing the judiciary « A Council of the Judiciary will strengthen judicial independence and the separation of powers. » ✓ Confirmed The Council of the Judiciary (LCMag) took effect on 1 January 2023. With nine members, it exercises administrative oversight of the Cantonal Court and the Public Prosecutor's Office and disciplinary oversight of all magistrates. Source: Canton of Vaud, law 173.07 (LCMag) Close the Vaud gap « Vaud is the last French-speaking canton without a Council of the Judiciary; it must catch up. » ✓ Confirmed Every other French-speaking canton already had such a body. With this Yes, Vaud closed its institutional gap and aligned with the regional standard. Source: RTS; Canton of Vaud (2022) Give citizens a channel to report problems « Anyone will be able to report a malfunction of the justice system. » ✓ Confirmed Since 2023, any Vaud citizen can petition the Council of the Judiciary to report a malfunction of a judicial authority or a magistrate. Source: Council of the Judiciary, Canton of Vaud | ▼ Arguments AGAINST (No camp) The judiciary will police itself « With this Council, only justice professionals will police one another. » ✓~ Partially confirmed A majority of the nine members come from the judicial world (Cantonal Court, Public Prosecutor's Office, lawyers). But two members come from civil society, and oversight no longer rests with the Grand Council alone. Source: composition of the Council of the Judiciary (LCMag) Control is taken from the people's elected representatives « Justice was overseen by democratically elected deputies; this power is being taken from them. » ✗~ Partially refuted The Grand Council continues to elect the cantonal judges and the chief prosecutor; the Council of the Judiciary only issues an opinion. Democratic control of appointments remains. Source: Canton of Vaud, LCMag (opinion on elections) Yet another technocratic body « It is extra bureaucracy that distances justice from the citizen. » ✗~ Partially refuted The body remains lean — nine members — and reproduces a model already tested in the other French-speaking cantons. On the contrary, it opened a direct channel for citizens. Source: Canton of Vaud; inter-cantonal comparison |
Factual assessment
3 Confirmed | 1 Partially confirmed | 2 Partially refuted | 0 Refuted |
The creation of the Council of the Judiciary was near-consensual: only the SVP/UDC and the far left opposed it, and the 65% Yes came as no surprise.
On the essentials, the supporters' promises materialised: the body exists, has functioned since 2023, and gives citizens a new channel to report problems. The SVP's main grievance — self-policing among the robed — is only partly founded: while justice professionals are in the majority, civil society sits on the body and the Grand Council keeps the final word on elections.
Four years of hindsight is little to judge the real effect on the independence and quality of justice. But institutionally, the canton did what it had promised: catch up with its French-speaking neighbours without upsetting the balance of powers.