143.1 VRPG

CH-AR

Art. 63 Act on Administrative Justice (VRPG) - b) Other Enforcement Measures

Section 4: Enforcement

Open official source Full Act (58 Articles) Machine-readable Markdown (.md)

Art. 63 VRPG - b) Other Enforcement Measures · b) Other Enforcement Measures

1. For the enforcement of other orders, the authority shall apply the following enforcement measures in accordance with the principle of proportionality

a) substitute performance at the expense of the obligated person;

b) direct coercion, if necessary with the assistance of the police;

c) prosecution, insofar as the law prescribes a penalty.

2. If there is no urgency, the enforcement measure must be threatened with the setting of a reasonable deadline and, if applicable, with reference to Article 292 of the Criminal Code.

3. If substitute performance at the expense of the obligated person has been ordered, the decision on costs is equivalent to an enforceable judicial judgment.

4. The appeal period against enforcement orders is five days; the grounds for appeal are governed by Article 33.

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Court Decisions Applying This Provision (5)

OG O4V 18 16 ARGVP 2018 3717 · ar (Art. 63 Abs. 2 VRPG)

Demolition Order Substitute Performance Specificity Requirement

Cited in the reasoning as the basis requiring a preliminary threat of substitute performance when no urgency is proven, which guided the finding that the initial letter was only a reminder and not an appealable enforcement order.

O4V 23 25 · ar (Art. 63 Abs. 1 lit. a VRPG)

Veterinary Cost Assessment Enforcement Challenge

Mentioned in the reasoning regarding the enforcement measure (Ersatzvornahme) which led to the costs being challenged.

O4V 23 25 ARGVP 2024 · ar (Art. 63 Abs. 1 lit. a VRPG)

Cost Shifting for Defective Substitute Enforcement Order and Disproportionate Enforcement Costs

Although the court found the costs should not be imposed because the enforcement was not properly ordered, this article defines the legal basis for using substitute performance (Ersatzvornahme) to enforce obligations.

O4V 23 25 ARGVP 2024 · ar (Art. 63 Abs. 3 VRPG)

Cost Shifting for Defective Substitute Enforcement Order and Disproportionate Enforcement Costs

This article relates to the legal status of the cost decision following a substitute performance, which was central to the court's finding that the procedure was defective.

O4V 23 25 ARGVP 2024 · ar (Art. 63 Abs. 4 VRPG)

Cost Shifting for Defective Substitute Enforcement Order and Disproportionate Enforcement Costs

This article governs the appeal grounds against enforcement decisions, which the court used to justify why the appellants could not appeal the planned substitute performance.