Administrative Procedure Act (Verwaltungsrechtspflegegesetz, VRPG) - Scope of Application (VRPG)
Table of Provisions (85)
Statutory Text (85 Articles)
1. This law applies to the proceedings before administrative and administrative judicial authorities.
2. An authority is any entity that performs tasks of public administration; this also includes private entities when they are vested with sovereign powers.
3. Special provisions in other enactments remain reserved.
1. Administrative and administrative judicial authorities are bound by the law.
2. The government council and administrative judicial authorities are obliged to deny the application of decrees that contradict federal law or cantonal constitutional or statutory law. Municipal law shall be preliminarily reviewed by authorities at all levels.
1. All decisions must safeguard the public interest, be appropriate to the circumstances, and uphold legal equality.
1. In the application of the law, good faith shall apply. Abuse of rights shall not receive legal protection.
1. The statute of limitations on public-law monetary claims due to the expiration of statutory periods must be observed ex officio.
2. Public-law monetary claims for which the law does not establish specific time limits become time-barred within 10 years, or periodic services within 5 years. The limitation period begins to run as soon as the claims can be calculated and asserted.
2bis Public-law claims for which a mortgage is registered in the land register are not subject to any limitation period.
3. An interruption of the limitation period occurs through
a) a complaint or objection to the competent authority,
b) decisions establishing the debt,
c) acknowledgment, debt enforcement, or filing for bankruptcy.
4. If the actions according to paragraph 3 are carried out by an incompetent authority that is obliged to transfer the matter to the competent authority, the period is considered interrupted.
5. After 20 years, or for periodic services after 15 years, absolute limitation occurs in any case.
1. Interest on overdue public-law claims is to be paid. The government council sets the default interest rate annually by ordinance.
2. In cases of hardship, the default interest may be waived in whole or in part.
3. Default interest shall not be levied if it would not cover the cost of collection or if collection efforts appear futile from the outset.
1. Communication with the authorities can occur in writing or, given the following conditions, electronically.
2. A party may provide an electronic delivery address and declare their consent to receive notifications via electronic means.
3. If an authority has a qualified electronic access, submissions can be sent electronically with a recognized electronic signature from the sender. The government council regulates through ordinance the admissibility of electronic submissions without a recognized electronic signature in first-instance administrative proceedings.
4. In the case of electronic transmission, the authority may require that the submission be subsequently provided in paper form.
5. The government council regulates the details through ordinance.
1. Each authority shall ex officio verify its jurisdiction.
2. The authority that denies its jurisdiction shall promptly transfer the matter, with notification to the parties, to the authority it considers competent. It generally engages in a prior exchange of opinions with the relevant authorities.
1. Jurisdictional conflicts between administrative authorities are decided by the supervisory authority.
2. Jurisdictional conflicts between administrative and administrative judicial authorities or between administrative judicial authorities themselves are decided by the administrative court.
3. If jurisdiction between the administrative authorities or the administrative judicial authorities on one hand and the other courts of the canton on the other hand is disputed, the authority first seized shall decide after conducting an exchange of opinions.
1. Administrative and judicial authorities provide assistance upon request.
2. Judicial authorities provide legal assistance upon request.
3. Assistance and legal assistance are exceptionally not to be provided if the fulfillment of one's own tasks is thereby significantly jeopardized, if another authority could provide the assistance significantly more easily, or if there are legal reasons against it.
4. The requested authority provides assistance and legal assistance free of charge.
1. An administrative procedure is initiated upon the submission of an application or ex officio.
2. When initiating the administrative procedure, the parties to be involved in the procedure shall be identified as far as possible.
1. The instructing authority may summon third parties to the proceedings ex officio or upon application if they could be affected in their own interests by the outcome of the proceedings.
2. Joined parties have party status and the associated rights and obligations; however, they cannot exceed the requests of the original parties, and they do not have the authority to dispose of the subject matter of the dispute. The decision becomes binding for the joined parties upon their inclusion.
3. If the joined parties waive active participation in the proceedings, they do not incur any costs.
1. In the first-instance proceedings, a party is
a) the person who initiates an administrative proceeding by filing a petition,
b) the person against whom an administrative proceeding is initiated,
c) third parties who participate in the proceeding with their own applications,
d) any person summoned to appear.
2. In the appeals proceedings, a party is
a) the appellants,
b) the addressees of the first-instance decision according to paragraph 1, letters a, b, and d,
c) third parties who participate in the proceeding with their own applications,
d) any person summoned to appear,
e) the prior instance,
f) the authority that made the decision in the first instance if it belongs to a different community.
3. Administrative judicial authorities are not granted party status; the party in judicial proceedings remains the administrative authority that made the decision in the last instance.
1. The parties may be assisted by a competent person and, when personal appearance is not necessary, be represented.
2. Upon request by the authority, representatives must present written authorization.
3. Subject to special provisions in other enactments, only lawyers can assist or represent a party before administrative judicial authorities, except for the insurance court. Exceptions to this rule are
a) * the actions of one spouse for the other, registered partners for each other, parents for adult children and vice versa, as well as siblings for each other,
b) * for legal entities as well as general and limited partnerships, besides the actions of executive bodies, the actions of a member of such a body in an oral hearing,
c) * the actions of a procurator,
d) * ...
4. Anyone who is a regular member of an authority cannot act as an assistant or representative before that authority.
1. If more than 10 parties are involved in a proceeding who have submitted a collective request or identical submissions, the authority may require them to designate a common address for service or a common representative.
2. Parties with a domicile or residence abroad must specify an address for service or a representative in Switzerland.
3. If the parties fail to designate an address for service or a representative in Switzerland, service may be effected by publication in the Official Gazette of the canton.
1. Disqualification from Participation in Decision-Making
a) No person may participate in the issuance of decisions if they have a personal interest in the matter,
b) are related to a party by blood or marriage in a direct line or collaterally up to the third degree, or are connected through marriage, registered partnership, engagement, or adoption,
c) represent a party or have acted for a party in the same matter,
d) are a member, employee, or staff member of the authority whose decision is being appealed, or who were involved in the contested decision through binding instructions or partial decisions,
e) could be biased in the matter for other reasons.
2. If the decision of a department is appealed to the government council, the member of the government council heading the department shall have an advisory voice.
3. Consultation within the scope of official duties is generally not a ground for disqualification.
4. If the disqualification is disputed, the supervisory authority shall decide on the matter, or if it concerns the disqualification of a member of a collegial authority, the authority in question shall decide, excluding the member concerned.
1. The authorities investigate the facts of the case ex officio, taking into account the submissions of the parties, and conduct the necessary investigations for this purpose.
2. They freely evaluate the results of the investigation.
3. If there is uncertainty about a fact, it can be resolved with the consent of all parties by an agreement on the facts to be used as the basis for the decision; public interests must be considered.
1. Authorities ensure that no one suffers disadvantages due to awkwardness.
1. If an amicable resolution appears advantageous, the authorities are entitled to conclude settlements; public interests shall be considered.
2. The procedure is concluded by a substantive decision.
1. The authority shall issue provisional orders ex officio or upon application if it is necessary to avert an imminent, irreparable harm.
2. In collegial bodies, the presiding member is responsible for this in urgent cases.
1. The authority shall hear the parties before making a decision.
2. The hearing may be exceptionally omitted if there is imminent danger or if a prior hearing would thwart the purpose of the administrative order. The hearing must be conducted without delay subsequently, and a new decision must be issued.
1. The parties have the right to inspect the case files. Notes, drafts, reports, and the like, which serve only internal purposes, are not considered part of the case files.
2. Inspection of a document may be refused to protect significant public or legitimate private interests.
3. If a decision adverse to a party is based on records as per paragraph 2, the incriminating content of the records shall be disclosed to the party, and they shall be given the opportunity to express their views.
4. The authority where the proceedings are pending decides on file inspection.
1. The parties are obliged to cooperate in the determination of the facts of the case.
2. If a party refuses the necessary and reasonable cooperation, the authority is not obliged to act upon their request; this legal consequence must be threatened in advance. Otherwise, the authority is free to assess this behavior.
1. The authority may utilize those means of evidence which it deems necessary to ascertain the facts in its dutiful discretion. In particular, it may
a) question the parties and third parties,
b) consult documents,
c) conduct inspections,
d) order expert reports.
2. The taking of testimony is only permissible in appellate proceedings, and formal questioning of parties is only allowed before administrative judicial authorities.
3. If the personal appearance of a party or third party is indispensable, a police escort may be ordered. This should generally occur only after an unexcused absence and if the escort has been previously threatened.
4. Otherwise, civil procedural law shall apply, unless the differences between the two types of proceedings preclude it. The recording requirements of civil procedural law for witness and evidence statements are not applicable.
1. The authority may punish persons who grossly violate procedural decorum in proceedings before administrative or administrative judicial authorities with a reprimand or a regulatory fine of up to CHF 1,000.
1. Decisions are to be designated as such and communicated to the parties in writing with instructions on legal remedies; opening to affected third parties is possible. A preliminary oral communication of the decision is permissible.
2. Decisions must be justified in writing. Justification can be dispensed with if
a) the authority has fully granted the application and the decision does not infringe upon the rights of third parties,
b) an objection to the decision is permissible,
c) a general order is made public.
3. The written communication can be limited to the delivery of the dispositive, indicating that the decision becomes legally binding if no party requests a written justification within 10 days. If the parties waive a complete version, a brief justification must be included in the files.
4. The instructions on legal remedies must specify the appellate authority, the time limit for the appeal, the requirements of written form, application, and justification of the complaint, as well as provide information on the applicability of legal suspension periods.
5. Upon request, the last deciding authority certifies that the time limit for legal remedies has expired and that no legal remedy preventing the decision from becoming final has been lodged.
1. Decisions shall be served to the parties. If a party has authorized a representative, the service must be effected to this representative.
2. If decisions cannot be served within a reasonable time due to the addressees being unreachable or unknown despite due investigation, they shall be published in the official journal and in any other official publication organs as necessary. The publication shall substitute the service.
3. Decisions directed at a large or indeterminate number of persons shall be announced through public notification. The publication shall substitute the service.
1. For the calculation of deadlines, their interruption, and the restoration against the consequences of default, the Code of Civil Procedure applies.
2. The provisions concerning the suspension periods apply only in proceedings before administrative judicial authorities; differing provisions in other enactments are reserved.
3. Unless explicitly provided by law, statutory deadlines cannot be extended.
4. Deadlines set by authorities may be extended for sufficient reasons, provided a request is made before their expiration.
1. The costs consist of procedural costs (fees and expenses) and necessary party costs (expenses for representation or assistance by lawyers or other representatives admitted before administrative judicial authorities).
1. The instructing authority may, in appeal proceedings, require an advance payment of costs covering the expected procedural costs up to half, with a maximum amount of CHF 10,000, by setting a reasonable deadline.
2. If the party does not pay the advance payment within the deadline, the instructing authority shall set a final deadline of 10 days with the warning that the request will not be considered.
3. If an expert opinion is requested, the requesting party may be required to provide an advance payment for the anticipated costs.
1. The initial administrative procedure is free of charge; exceptions to this provision are reserved.
2. In appeal proceedings, the procedural costs are usually allocated to the parties according to the principle of losing and winning. Authorities are only burdened with procedural costs if they have committed serious procedural errors or made arbitrary decisions.
3. A party that withdraws their appeal or otherwise causes the proceedings to become moot is considered to be the losing party. If a proceeding becomes moot without any party's involvement, the procedural costs should be allocated based on the estimated chances of the case or, for reasons of equity, may be wholly or partially borne by the public entity.
4. Additional expenses arising from a party's conduct can be imposed on that party. The costs of expert reports can be charged to the parties at any stage, insofar as their interest in the matter justifies it.
1. In the first-instance administrative procedure, no party costs are reimbursed; divergent provisions remain reserved.
2. In appeal procedures, the party costs are generally allocated to the parties based on the extent to which they prevail or are defeated.
3. A party that withdraws its legal remedy or otherwise causes the procedure to become moot is considered the losing party. If a procedure becomes moot without any party's involvement, the party costs should be allocated according to the estimated prospects of success in the procedure or, for reasons of equity, charged wholly or partially to the public authority.
1. If multiple parties have made the same request or if the same proceedings are directed against multiple parties, they shall bear the procedural and party costs imposed on them in equal shares.
2. If this arrangement appears to be unjust, the distribution shall take place according to the respective interests in the outcome of the proceedings.
3. Where justified by circumstances, joint and several liability may be ordered in whole or in part.
1. Upon request, the competent authority shall exempt natural persons from the obligation to pay costs and provide advances, if the party demonstrates their indigence and the claim does not appear to be without merit.
2. Under the same conditions, a party may be appointed free legal representation, if warranted by the seriousness of a measure or the legal situation, and if representation is necessary for the proper safeguarding of the party's interests.
2bis. Upon joint request, parties may be granted free mediation under the terms of the Introductory Act to the Swiss Civil Procedure Code (EG ZPO) of March 23, 2010.
3. Otherwise, the provisions of civil procedure law shall apply.
1. If a decision's dispositive is unclear, the authority must clarify it upon request.
2. The decision rejecting the request for clarification is final.
1. Clerical errors, calculation mistakes, and manifest inaccuracies in the decision must be corrected by the authority.
2. If the correction results in a change to the operative part of the decision, the appeal period starts anew.
1. Decisions that do not conform to the legal situation or substantive requirements can be amended or revoked by the issuing authority or the supervisory authority when the interest in the correct application of the law outweighs the interests of legal certainty and protection of legitimate expectations.
2. Exemptions include decisions that, according to special regulations or the nature of the matter, cannot be revoked or can only be revoked under very specific conditions.
3. If a person has incurred expenses or made arrangements in good faith relying on the revoked decision and suffers damage as a result of the revocation, they are entitled to compensation, provided that they are not at fault for the revocation.
4. The claim for compensation is directed against the public entity responsible for the revocation. It must be asserted in administrative court proceedings pursuant to §§ 60 et seq.
1. Any person may at any time report facts that require intervention ex officio, in the public interest, against authorities pursuant to § 1 paragraph 2 and their employees, to the supervisory authority.
2. The reporting person is not entitled to party rights. They are entitled to a response, provided they do not act abusively.
3. If the report proves to be frivolous or malicious, costs may be imposed on the reporting person.
1. Decisions may be reconsidered by the authority competent at first instance: in the case of an appeal, until their submission of a statement; after the submission, only with the consent of the appellate authority.
2. If there is a legal remedy decision, reconsideration is only permissible if the facts or legal situation underlying the final decision have changed significantly and in a manner relevant to the decision.
1. An appeal against first-instance decisions may be lodged with the deciding authority if this is provided for.
1bis. The appeal period is 30 days. Special provisions in other statutes remain reserved.
2. The authority shall make a new decision taking into account the submissions in the appeal.
1. Decisions may be appealed with a complaint.
2. Denial of justice and delay in justice are equated with appealable decisions.
1. Authorized to File a Complaint
a) is anyone who has a legitimate personal interest in the annulment or modification of the decision,
b) any other person, organization, or authority that is authorized to file a complaint under federal or cantonal law.
1. Complaints must be submitted in writing to the appellate body.
2. The complaint must include a request and a justification. Complaints that do not meet these requirements shall not be entertained.
3. The contested decision must be specified, any evidence should be identified and, where possible, attached. The submission must be signed. If the complaint is insufficient or otherwise unclear in this regard, an additional deadline for improvement shall be set with the threat of non-consideration.
1. Appeals must be submitted within 30 days from the announcement of the decision being contested. Exceptions are reserved for special provisions in other statutes.
2. The deadline is considered met if the appeal is submitted on time to an authority in accordance with § 1, even if a different authority is competent.
1. If the appeal is not evidently inadmissible or unfounded, it shall be forwarded to the parties for a response to the appeal and to the lower judicial authority for their statement.
2. Upon submitting their response or statement, the lower instance shall provide the case files.
3. The response to the appeal and the statement shall be forwarded to the parties.
4. The person entrusted with the instruction shall decide on any further exchange of written pleadings.
1. An appeal has a suspensive effect unless the contested decision or a specific provision stipulates otherwise for compelling reasons.
2. The appellate body or the presiding member thereof examines whether a contrary order or other precautionary measures should be taken.
1. The person entrusted with the instruction ensures the efficient conduct of the procedure.
2. Subject to any different instructions from the decision-making authority, they are authorized to issue all necessary orders and take evidence to lead the procedure to a substantive decision.
3. If the procedure ends by settlement, acknowledgment of the complaint, withdrawal of the complaint, or for other reasons without a decision, they close it.
1. Administrative authorities are not bound by the requests made in the complaint. However, they can only amend the contested decision to the detriment of the complainant if such amendment is requested in the complaint, if the conditions for revocation are met, or if other regulations provide for it. The affected parties must be heard beforehand.
2. Judicial administrative authorities may not exceed the requests made in the complaint.
1. If the appellate instance sets aside the contested decision, it may decide on the matter itself or remand it to a lower instance for the issuance of a new decision.
1. The Executive Council adjudicates appeals against decisions made by
a) cantonal administrative authorities,
b) final-instance municipal authorities,
c) public-law corporations and institutions,
d) private entities vested with sovereign powers.
2. It may delegate its decision-making competence or the preparation of decisions by regulation.
1. If an appeal to the Administrative Court is possible as a final resort, the internal administrative appeal body may, with the consent of the appellants, waive its decision and refer the matter to the Administrative Court for resolution.
1. By way of appeal, subject to special statutory provisions, all defects in the procedure and the contested decision may be asserted.
1. An appeal to the Specialized Administrative Court is permitted in the cases provided by law.
2. The procedure is subject to any special provisions in accordance with the rules for administrative court appeal proceedings. Section 52 applies to the grounds for appeal.
1. Appeals to the administrative court are permissible against final decisions of administrative authorities and against decisions of the special administrative court.
2. Appeals are excluded in the following matters
a) Master plans and regional sectoral plans, if the appeal is not lodged by a municipality,
b) Orders for public transport services,
c) Decisions made in the context of developing a general road construction project,
d) School locations,
e) Health policy location decisions,
f) Pardons,
g) Allocation of fund resources, use of the small lottery quota and the alcohol tenth,
h) Cultural promotion.
3. Special provisions in other laws remain reserved.
4. The appeal is also permissible in the cases of paragraphs 2 and 3 if the violation of the right to have disputes assessed by a judicial authority is alleged.
1. With the complaint, incorrect or incomplete findings of fact as well as legal violations can be challenged.
2. Only the violation of constitutional rights can be challenged in the following cases
a) Granting of subsidies for which there is no entitlement,
b) Allocation of educational courses at schools,
c) Determination of class sizes at schools.
3. The challenge of disproportionateness is permissible
a) in leap-frog appeals,
b) * ...
c) in the issuance and revocation of driver licenses,
d) in emissions,
e) in the distribution of costs among public law entities,
f) when prescribed by federal law.
1. Appeals against final decisions by regional church authorities can be made to the Administrative Court within 30 days of notification, due to violations of the constitution or the organizational statutes.
2. The right to appeal is granted to anyone who asserts a legitimate personal interest. In the case of orders that do not affect personal circumstances, the right to appeal is granted to all members of the denomination, the church council, and the church governing body.
1. Proceedings before administrative judiciary authorities are public.
2. The presiding member may exclude the public from the proceedings for important reasons.
3. If the judgment is not delivered during the proceedings, subject to paragraph 2, the judgment is available for inspection at the court registry.
1. An appeal to the Insurance Court is permissible in the cases provided for by law.
2. If the procedure is not regulated by federal law, it is governed by Articles 27-54 and 56-61 of the Federal Act on the General Part of Social Insurance Law (ATSG) dated October 6, 2000, and otherwise by the rules on administrative court appeal proceedings. Special provisions in other enactments are reserved.
1. The action before the Specialized Administrative Court is admissible in the cases provided for by law.
2. If the Specialized Administrative Court is appointed for appellate decisions in certain subject areas, its jurisdiction also extends to the action proceedings.
3. The proceedings are governed, subject to special provisions, by the rules for action proceedings before the Administrative Court.
1. The Administrative Court rules as the only instance over
a) disputes arising from administrative contracts, unless the Specialized Administrative Court has jurisdiction,
b) disputes concerning concessions as well as acquired rights to public property, unless an appeal to the Administrative Court is permissible,
c) pecuniary disputes involving the canton, a municipality, or a public corporation or institution under cantonal or municipal law, unless an appeal to the Administrative Court is available or a civil court or the Specialized Administrative Court has jurisdiction,
d) public law disputes in other matters, where the legal positions of private parties are affected, without a decision being issued or an action being brought before another instance.
1. Before filing the lawsuit, the plaintiff shall communicate their request in writing to the defendant and ask for a response within a reasonable period.
2. If the communication or response is omitted, this may be taken into consideration when imposing costs.
1. The member of the administrative court entrusted with the instruction may submit a written settlement proposal to the parties for their comments or invite them to a mediation hearing.
1. Moreover, the provisions of civil procedural law shall apply mutatis mutandis.
1. An action before the Insurance Court is permissible in the cases provided for by law.
2. The Insurance Court may award the claimant more than what has been requested.
3. In all other respects, the procedure is governed by civil procedural law, subject to special provisions.
1. A legally concluded procedure may be reopened at the request of a party by the last instance that decided if it is demonstrated that
a) there are significant facts or evidence that existed at the time of the decision but were not known to the authorities,
b) the regulations regarding the lawful composition of the deciding authority were violated, or significant facts that emerged from the records were inadvertently not considered,
c) the decision was influenced by deceit or a criminal act.
2. The reopening may also be requested by someone who was unjustly not included in a procedure or to whom a decision was unjustly not communicated.
3. Reopening is excluded if the grounds for reopening could have been asserted in the procedure that preceded the decision or by means of an appeal against the decision.
1. The request for reopening must be submitted in writing with an application and justification to the last instance that decided, within 3 months from the time the applicant became aware of the ground for reopening.
2. After 10 years from the issuance of the decision, reopening is only permissible for the reasons specified in § 65 paragraph 1 letter c.
1. The request for reopening has no suspensive effect unless it is ordered by the authority.
1. If the authority approves the request for reopening, it may refer the matter back or decide itself.
2. The ordinary legal remedy is available against both the request for reopening and the decision on the matter.
1. If third parties are affected by the reassessment, their interests in maintaining the decision must be weighed against the interests of the applicants in a correct reassessment. An effort must be made to balance the interests, taking all circumstances into account.
2. If a person who, in good faith and relying on the annulled decision, has made expenditures or arrangements and suffers damage, they are entitled to compensation. The claim is directed, in the case of a reopening pursuant to § 65 paragraph 1 letter a, against those in whose interest the reopening occurs; in the case of reopening pursuant to § 65 paragraph 1 letter b, against the public entities whose authorities acted erroneously; and in the case of reopening pursuant to § 65 paragraph 1 letter c, against the liable parties.
3. The claim pursuant to paragraph 2 must be asserted in administrative legal proceedings.
1. Provisions of an administrative law nature in cantonal laws, decrees, and ordinances, as well as enactments by municipalities, public-law corporations, and institutions, may be submitted to the Administrative Court at any time for review of their compliance with superior law.
2. Exempted are plans and regulations issued in land-use planning procedures that are subject to administrative judicial appeal.
1. Entitled to submit an application is anyone who might, in the foreseeable future, be infringed upon in their own legitimate interests by the application of these provisions.
1. In a judicial review proceeding, the opposing party is the public law corporation or institution that enacted the norm.
1. The Administrative Court annuls the contested provisions that contravene superior law.
2. If the annulment of the unlawful norm leads to an unsatisfactory legal situation, the Administrative Court may issue a temporary transitional regulation.
3. The annulment decision is to be published in accordance with the rules applicable to the annulled provision.
4. The apportionment of costs is governed by the rules concerning the appeals procedure.
1. The administrative court may grant suspensive effect to a request for the review of decrees if there are compelling reasons. This decision must be published. From the date of publication, no pending proceedings concerning the application of the contested provision may become legally final; any appeal deadlines are suspended until the published decision on the normative control.
2. The annulment decision of the administrative court becomes generally binding upon publication.
3. Decisions that have not yet become legally binding at this time, which are based on the annulled provisions, are void.
1. Otherwise, the provisions of this Act shall apply mutatis mutandis to the proceedings.
1. Decisions are enforceable as soon as they can no longer be appealed by an ordinary legal remedy or if such remedy does not have a suspensive effect.
2. Decisions of regional church bodies are equivalent to enforceable decisions.
1. The deciding authority shall execute its orders itself, unless it concerns a monetary payment or security performance. It may delegate the execution to another authority.
2. Decisions on appeals are enforced by the first instance, unless the appellate instance determines otherwise.
3. In the case of decisions by regional church bodies, the government council ensures their enforcement.
1. Decisions Pertaining to Monetary Payment or Provision of Security shall be enforced in accordance with the provisions of the Federal Act on Debt Collection and Bankruptcy (DCBA) of April 11, 1889. This includes those of the national church bodies, which are deemed equivalent to enforceable court judgments according to Article 80 paragraph 2 of the Federal Act.
1. Decisions in administrative legal proceedings are enforced according to the provisions of civil procedural law.
1. Means of coercion for the enforcement of decisions are substitute performance and direct coercion.
2. The authority must use the least severe suitable means of coercion for the enforcement; it may delegate to third parties and request police assistance.
3. Instead of or in addition to the means of coercion mentioned in paragraph 1, the penalty prescribed for the case of disobedience may be threatened. If the applicable ordinance contains no penal provision, punishment may be threatened in accordance with Art. 292 of the Swiss Criminal Code (SCC) of December 21, 1937.
1. **Prior Notice Requirement for Enforcement and Direct Compulsion**
Before substitute performance or the application of direct compulsion can occur, there must be an explicit notice of such measures, with the assignment of a reasonable time period for compliance.
2. **Issuance of Enforcement Notice**
The notice of enforcement can be included in the order to be executed itself or issued through a subsequent decision.
3. **Exemption Due to Imminent Danger**
The notice can be omitted if there is imminent danger.
2. In the event of substitute performance, the enforcement authority may require the obligated person to provide an advance on costs equivalent to the estimated enforcement expenses.
1. The enforcement decision can be appealed to the Administrative Court within 10 days, which will decide within a short period.
2. The decision regarding costs is subject to the ordinary course of appeal.
1. Proceedings already pending at the time of the entry into force of this law shall be concluded in accordance with the previous law. For decisions announced after the entry into force of this law, the appealability and the procedure in the appellate instance shall be determined according to the new law.
1. This law shall be published in the legislative collection after the unused expiration of the referendum period or upon acceptance by the populace. The governing council shall determine the date of its entry into force.