Legislator Case Law & Legislation
DE FR IT EN
Analyze in Legislator
143.1 VRPG CH-AR

Art. 39 Act on Administrative Justice (VRPG) - j) Procedure

Section 2: Internal Administrative Legal Protection
Open official source Full Act (58 Articles) Machine-readable Markdown (.md)

Art. 39 VRPG - j) Procedure · j) Procedure

1. If the appeal can be admitted and it does not prove to be manifestly unfounded, the appellate authority shall send a copy of the appeal submission to the lower instance and other parties involved in the lower instance proceedings, and request them to submit a written statement within a reasonable period.

2. The lower instance shall provide the records to the appellate authority within the same period.

3. If necessary, further exchanges of written submissions may be ordered, and an oral hearing may be conducted.

4. An appeal can be withdrawn as long as no decision has been made on the merits of the case.

← Art. 38 VRPG Act on Administrative Justice (VRPG) - Scope of Application Art. 40 VRPG - k) Supervisory Authority →

Need to analyze how this provision applies to your matter?

Cross-reference this statute against case law, commentaries, and related legislative provisions inside Legislator AI.

Open in Legislator →

Court Decisions Applying This Provision (2)

Verwaltung ARGVP 2012 1511 · ar (Art. 39 Abs. 2 VRPG)
Water Protection Non-Compliance Finding Challenged Due to Procedural Violations and Insufficient Evidence
Cited regarding the obligation of the lower authority to submit the files.
Verwaltung ARGVP 2004 1410 · ar (Art. 39 Abs. 3 VRPG)
Administrative Appeal on Submission Procedure and Terrain Alteration Permit Requirement
The court determined that the discretionary power regarding a second round of written submissions when waiving an oral hearing lies with the administrative authority, as implied by this article.