Art. 8 Act on Administrative Justice (VRPG) - Recusal

1. Persons who have to make or prepare a decision must recuse themselves

a) if they have a personal interest in the matter;

abis) if they are related or connected to a party in a direct line or up to the third degree in a collateral line, or are related by marriage, registered partnership, or de facto domestic partnership;

b) if they have already participated in a preliminary decision;

c) if they represent a party or have previously acted for a party in the same matter;

d) if they have a significant interest in the outcome concerning a legal entity;

e) if they could be biased in the matter for other reasons.

2. If the recusal is disputed, the decision is made by

- in the case of members and the secretary or the actuary of a collegial authority, this authority excluding the person affected;

- in individual cases, by the appellate authority;

- in the case of a single judge of the higher court, by the higher court itself.

3. If the quorum of an authority is challenged as a result of a recusal request, the decision on the disputed recusal is made

a) for the municipal council, by the government council;

b) for the government council, by the higher court;

c) ...

4. Article 47 letter e of the Judicial Act applies to the higher court.

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