**1. Fundamentals - Scope** (VRPG)

1. This law governs the procedure before administrative authorities and administrative judicial authorities in the canton and municipalities.

2. Divergent federal law, particularly that from the field of social insurance, and state agreements remain reserved.

1. Administrative and administrative appeal procedures pending at the time of the entry into force of this amendment shall be concluded by the authority competent under the previous law. Any further legal remedies and the admissibility of an appeal to a judicial authority independent of the administration shall be determined according to the new law.

2. For final cantonal decrees and decisions of administrative authorities and internal administrative judicial authorities issued prior to January 1, 2009, the legal remedy permissible under the new law to a judicial authority independent of the administration is not available.

1. The Grand Council may adjust provisions in laws that conflict with this amendment but have not yet been formally changed by decree.

2. The Government Council is authorized to make changes to laws and decrees concerning the terminology of this legislative amendment by regulation.

1. Authorities are considered to be

a **\*** Bodies of the canton, its institutions, and its corporations,

b **\*** Bodies of the municipalities, their institutions, and corporations, to the extent that they are subject to municipal law,

c Private entities, insofar as they make decisions in the performance of public-law tasks assigned to them,

d Bodies of the national churches and their regional units.

2. Anyone who makes decisions acts as an administrative authority within the meaning of this law.

3. The administrative judicial authorities decide on complaints and assess claims or appeals.

Pending appeal proceedings at the time of this amendment's entry into force shall be concluded in accordance with the previous law.

1. The legislation determines the jurisdiction of the authorities.

2. Deviating agreements between authorities and parties are irrelevant. Municipalities can establish arbitration courts among themselves for disputes over matters in which they act as equal entities.

3. In municipal matters, the competent municipal body makes a final decision internally, unless the organizational by-law provides otherwise.

4. The authorities review their jurisdiction ex officio.

1. If the authority addressed considers itself to lack jurisdiction, it shall forward the submission to the competent administrative or administrative court authority and inform the sender accordingly.

2. If the authority has doubts about its jurisdiction, it shall engage in an exchange of opinions with the authority whose jurisdiction is in question.

3. Paragraphs 1 and 2 also apply in relation to civil or criminal courts, insofar as they have to decide on matters of public law, including those directly related to civil or criminal law.

1. If an administrative authority considers itself competent, it may determine this in an independently contestable interim order if its competence is disputed.

2. If an administrative authority, contrary to the submissions of the parties, considers itself to be incompetent and forwarding pursuant to Article 4 paragraph 1 is also excluded, it does not enter into the submission.

1. If a lower administrative judicial authority considers itself competent, it may determine this in an independently appealable interim decision if its competence is contested.

2. If a lower administrative judicial authority, contrary to the submissions of the parties, considers itself incompetent and forwarding pursuant to Article 4 paragraph 1 is also excluded, it shall not admit the submission; the procedures according to Article 7 paragraphs 3 and 4 as well as Article 8 paragraph 2 remain reserved.

1. If jurisdiction in a public law matter is claimed or denied by both the Government Council and the Administrative Court, and no agreement can be reached through the exchange of opinions, the Great Council designates the competent authority (Article 79, paragraph 1, letter d of the Cantonal Constitution).

2. If the highest courts cannot reach an agreement in a public law matter during an exchange of opinions, the Great Council designates the competent authority.

3. If a lower administrative judicial authority and a first-instance civil or criminal court authority cannot reach an agreement in a matter pursuant to paragraph 2, the authority initially addressed shall forward the files to the highest court responsible for them. This court engages in an exchange of opinions with the other highest court. If this does not lead to an agreement, the Great Council designates the competent authority.

4. If a lower administrative judicial authority cannot reach an agreement with the High Court in a matter pursuant to paragraph 2, or if a first-instance civil or criminal court authority cannot reach an agreement with the Administrative Court in a matter pursuant to paragraph 2, the dispute shall be settled by the two highest courts by analogy to paragraph 2. If this does not lead to an agreement, the Great Council designates the competent authority.

If the government council or administrative court, following consultation with the higher court, deems the Bernese civil or criminal courts to have jurisdiction and there is no case falling under Article 7, the records, along with the decision on jurisdiction, must be provided to the higher court. If the higher court disagrees, the Grand Council will decide on the jurisdiction upon request by the first authority approached (Art. 79 para. 1 let. d of the Cantonal Constitution).

If a lower administrative judicial authority believes the Bernese civil or criminal courts have jurisdiction and there is no case falling under Article 7, it forwards the records to the appellate authority for a decision on jurisdiction.

1. A person who has to make or prepare a decision or serve as a member of an authority shall recuse themselves if they

a. have a personal interest in the matter;

b. have participated in a preliminary decision;

c. are related to a party either directly or collaterally up to the third degree, by marriage, adoption, registered partnership, or actual cohabitation, with the dissolution of the marriage or registered partnership not nullifying the reason for recusal;

d. lose a statutory requirement for the office;

e. represent a party or have acted for a party in the same matter;

f. could be biased in the matter for other reasons.

2. Decisions on motions for disqualification and contested recusals are made by the competent appellate authority in the matter or, if members of a collegial authority recuse themselves, by the authority excluding the affected members. If it involves an employee of an administrative or administrative justice authority, the supervisory body decides. If it involves the governor, the Department of the Interior and Justice decides in any case.

3. Special provisions on the organization of the government council apply; the provisions on incompatibilities and recusal according to the municipal law are also reserved.

4. The Supreme Court decides on the disqualification of the administrative court in the majority or entirety of its members. In the event that so many members of the administrative court are recused that the adjudicating authority can no longer be properly constituted, an extraordinary court of five members elected by the Grand Council, who must meet the eligibility requirements, decides.

5. Decisions on disqualification or recusal can be made without hearing the opposing party. Otherwise, the regulations of the Swiss Civil Procedure Code of December 19, 2008 (Civil Procedure Code, CPC) apply mutatis mutandis to the application and the consequences of violating the recusal provisions.

1. Administrative and administrative justice authorities are mutually obligated to provide legal assistance.

2. For the processing of requests for legal assistance from other cantons or foreign countries, the provisions of the Swiss Code of Civil Procedure apply mutatis mutandis.

3. The provisions concerning the duty to provide information and notification, as well as the testimony before the court, data protection, and tax secrecy, remain reserved.

1. Any person who is capable of acting under civil law may independently pursue and defend their rights as a party before the authorities.

2. Persons whose capacity to act is restricted are authorized to appear before the authorities in relation to the rights that pertain to them because of their personality, and the legal transactions that they can independently conduct under the provisions of civil law.

1. In administrative proceedings, a party is any person who is specifically affected by the decision to be issued, has a legitimate interest, and participates in or is involved in the proceedings.

2. In appeal proceedings, a party is

a. anyone who exercised party rights in the prior instance and wishes to continue doing so,

b. any third person who is newly affected by the appeal and wishes to exercise party rights.

3. In the appeal proceedings, the lower instance is involved as a party.

4. In litigation proceedings, the plaintiff and the defendant stand opposite each other as parties.

1. The authority or obligation of multiple persons to jointly assert or defend rights in a proceeding is determined correspondingly by the provisions of the Swiss Code of Civil Procedure.

2. The same applies to the legal succession in the proceeding.

**Article [Number]: Invitation of Third Parties by the Authority**

The instructing authority shall invite third parties to the proceedings ex officio or upon request if their legally protected interests are affected by the order or decision; as a result, the order or decision shall also be binding on the invited parties.

Invited parties have party status in the proceedings.

Intervention by third parties is permissible only in litigation proceedings; it is governed by the provisions of the Swiss Code of Civil Procedure.

1. The parties may choose counsel and, unless personal action or appearance is necessary, be represented on the basis of a written power of attorney.

2. If more than ten persons are involved in a proceeding through a collective submission or through duplicated submissions, the instructing authority may set a deadline for them to designate a common service address. If they default, the authority shall establish it.

3. For attorneys who are authorized to represent parties in the Canton of Bern under the legal profession legislation, the power of attorney is presumed; however, it must be submitted within a reasonable period of time.

4. Except in the field of social insurance law and subject to contrary legislation, only attorneys are admitted to represent parties before administrative judicial authorities. They must be authorized to represent parties in the Canton of Bern under the legal profession legislation.

5. The canton and municipalities may exercise their party rights through employees who are authorized for this purpose.

6. In decisions or elections by eligible voters or the municipal parliament, the representation of the municipality in the appeals process is the responsibility of the municipal council, unless the parliament decides otherwise for its representation in appeals against its decisions or elections.

7. Parties residing abroad must specify a service address in Switzerland. Notifications to parties who do not provide a service address may be omitted or may be made by publication in the official gazette.

1. The administrative procedure is initiated by the submission of an application or by ex officio initiation.

2. The administrative judicial procedure is initiated by the submission of a complaint or statement of claim.

1. If separately submitted applications pertain to the same subject matter, the instructing authority may consolidate the proceedings.

2. The instructing authority may separate jointly submitted applications if conducting the proceedings together results in difficulties.

1. The authorities establish the facts ex officio.

2. They determine the type and extent of investigations, without being bound by the parties' motions for evidence.

3. They are authorized to conduct precautionary evidence proceedings.

1. Authorities may utilize the following evidence in particular

a) Documents,

b) Official reports,

c) Information from parties or third parties,

d) Party hearings,

e) Testimony,

f) Visual inspections,

g) Expert reports, and

h) Technical means with documentary character.

2. The investigation of facts and procurement of evidence shall primarily be carried out in accordance with the provisions of the Swiss Civil Procedure Code; exceptions provided by tax law remain reserved.

3. Besides the competent authority itself, only individuals with completed legal education are authorized to conduct formal interrogations (Art. 19 para. 1 subpara. d and e).

4. The government council, its departments, and municipalities may assign individuals outside of an administrative authority to conduct an official investigation and empower them to take evidence.

1. Anyone who derives their own rights from a demand is obliged to cooperate in the determination of the facts.

2. If they refuse to cooperate, the demand will not be pursued unless there is a public interest in its consideration.

3. Otherwise, the special duties to cooperate provided for in the legislation apply.

1. Authorities apply the law ex officio.

2. They decide on the matter if the procedural requirements are met.

1. The authority shall hear the parties before issuing an order or decision.

2. It may waive this requirement

a) in the case of interim orders or decisions that are not independently contestable;

b) when there is imminent danger;

c) if the parties' requests are granted;

d) for orders that can be contested by an objection;

e) in the case of enforcement orders.

1. The parties are entitled to participate in instruction proceedings and official inspections, attend examinations of individuals, and request answers to supplementary questions.

1. The parties have the right to access the case files, unless overriding public or private interests require their confidentiality.

2. If a party is denied access to a file, it may only be used to the detriment of that party if the authority has informed them orally or in writing of its essential content for the matter and has also given them the opportunity to express themselves and present counter-evidence.

3. In addition, the Data Protection Act of February 19, 1986 (KDSG) is applicable to administrative procedures.

The parties are entitled to comment on the results of taking evidence.

The parties may introduce new facts and evidence into the proceedings as long as neither an order has been issued, nor a decision made, nor the evidentiary proceedings have been formally closed by a procedural order.

1. The provisions of the Swiss Civil Procedure Code on amendments to claims shall apply mutatis mutandis to the modification of the subject matter of the claim or the cause of action.

1. The instructing authority may, upon request or ex officio, order provisional measures in the following cases before issuing an order or decision

a. for the removal of illegal or dangerous facilities and conditions, the execution of urgent work, and the protection of significant public or private interests;

b. against the substantial alteration or disposal of the matter in dispute;

c. to protect legal claims due other than those aimed at monetary or security performance, if immediate fulfillment is not possible and

1. there is a fear of their frustration or a significant hindrance to their satisfaction or

2. a significant or not easily replaceable damage or disadvantage is imminent.

2. Provisional measures can be amended or revoked ex officio or upon request if the prerequisites for their issuance have fallen away in whole or in part.

1. Together with the ordering of the provisional measure, a deadline must be set for the filing of the lawsuit or application on the merits, if it is not yet pending.

2. Upon the final conclusion of the proceedings on the merits, the provisional measure shall cease to be effective.

1. The order of a provisional measure within the meaning of this law is subject to the same legal remedy as the main matter.

1. If the party against whom the provisional measure is directed suffers damage, they may claim compensation from the opposing party requesting the measure, if the latter is unsuccessful in the main proceedings.

2. If damage is to be feared, the party requesting the provisional measure may be required to provide reasonable security before the measure is issued; this security may only be returned once it is established that no action for damages will be filed. The authority is authorized to set a deadline for filing the action; after this period expires without action, the security will be returned.

3. The action for damages is reviewed by the administrative court; it must be filed within one year from the cessation of the measure.

4. Liability claims against the public authority are reserved.

1. The procedure before administrative and administrative judicial authorities shall be in writing, unless the legislation provides otherwise or the authority orders an instructional hearing, an oral hearing as referred to in Article 6, Paragraph 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms of November 4, 1950 (ECHR)[8](#paragraphtext_content_fn_4497991_2_8_c), or a deliberation for judgment.

1. Party submissions must be submitted to the competent authority in either German or French. Submissions to authorities as defined in Article 2, paragraph 1, letter b, as well as to the Government Office, must be submitted in the official language of the respective administrative district.

2. They must include an application, the statement of facts and evidence, a justification, and a signature; tangible evidence must be attached.

3. In administrative judicial proceedings, party submissions must be submitted in at least duplicate. If the second copy is missing, or if the authority requires more than two copies, it may request the party to provide them subsequently.

The authority rejects submissions that are unclear, verbose, incomplete, offensive to public morals and decency, or not drafted in one of the two official languages or in the correct official language for improvement or translation.

It sets a short additional deadline with a note stating that the submission will be considered withdrawn if it is not resubmitted within the deadline.

In the case of submissions subject to a deadline, both the application and the justification must be submitted within the deadline.

1. Municipal authorities and the government commissioner instruct in the official language applicable to their administrative district.

2. Other authorities instruct in the language of the administrative district affected by the matter. Otherwise, the language of instruction is determined by the official language chosen in the submission.

3. With the consent of the parties, judiciary authorities independent of the administration and responsible for the entire canton may instruct in the other national language.

1. Foreign-language documentary evidence must be translated into one of the two national languages upon the request of the authority or a party.

2. Translators are to be treated as expert witnesses.

1. Third parties may only access instructional proceedings with the consent of the instructing authority and the parties involved in the proceedings.

2. Oral final hearings within the meaning of Article 6, Paragraph 1 of the ECHR are public, subject to the convention-based reasons for exclusion.

1. The Administrative Court deliberates and renders its judgments publicly, except

a) when the protection of justifiable public or private interests requires the exclusion of the public or if legislation provides for such;

b) in the area of social insurance law;

c) in cases decided in a circulation procedure (Art. 56 para. 5 of the Act of 11 June 2009 on the Organization of Judicial and Prosecutorial Authorities [GSOG]);

d) within the framework of single-judge competence (Art. 57 GSOG).

2. The other administrative judicial authorities and administrative bodies deliberate and decide in the absence of the parties and the public.

1. Without the approval of the instructing authority, image and sound recordings are prohibited in the court or administrative building and at its entrances.

1. The instructing authority may ex officio or upon request suspend the proceedings if their outcome depends on or is significantly influenced by the decision of another proceeding, or if the same legal question is to be assessed in the other proceeding.

1. If, in the course of the proceedings, the legally significant interest in issuing an order or making a decision on the matter ceases to exist, particularly as a result of the withdrawal of the claims, the revocation of the contested order, or a settlement between the parties, the instructing authority shall record the case as settled in the business register.

2. The same legal remedy is available against the dismissal order as against the decision on the merits.

Administrative judicial authorities are empowered to annul an administrative and administrative judicial procedure pending before them ex officio if essential procedural principles are violated to such an extent that a proper assessment is impossible or significantly impeded.

They are further empowered to annul ex officio a decree or decision of a subordinate authority or lower instance if it was evidently beyond their jurisdiction to issue such a decree or decision.

1. Periods that are triggered by a notification, an official publication, or the occurrence of an event begin to run on the following day.

2. If the last day of the period is a Saturday, a Sunday, or a public holiday recognized by federal or cantonal law, it shall end on the next working day.

3. Special time limit provisions of federal law as well as those concerning voting and election legislation are reserved.

1. To comply with a deadline, the relevant action must be performed before the expiry of the deadline.

2. Submissions must be handed over to the authority, the Swiss postal service, or a Swiss diplomatic or consular representation before the deadline expires.

3. Deadlines are also considered met if the submission has been filed in a timely manner with an incompetent cantonal or federal administrative or judicial authority in Bern.

4. The deadline for the payment of an advance or for providing security is considered met if the amount is timely handed over for the benefit of the competent authority to the Swiss postal service or debited from a postal or bank account in Switzerland.

1. Officially designated deadlines can be extended if a request is made before the deadline expires; statutory deadlines cannot be extended.

2. If a party or its representative is hindered from acting within the deadline due to a reason other than defective service without their fault, the deadline shall be reinstated, provided the party requests this stating the reason within 30 days after the obstacle is removed and performs the omitted legal act.

3. ...

1. Orders and decisions are generally delivered by post.

2. Except in the case of mass orders and unless otherwise provided by law, orders and decisions are communicated either by registered mail or by judicial document. Delivery may also occur via regular mail, as long as no proof of delivery is required.

3. A notification delivered only in exchange for the signature of the addressee or another authorized person is considered as served on the seventh day after the first unsuccessful delivery attempt at the latest.

4. Additionally, the provisions of the Swiss Civil Procedure Code apply mutatis mutandis to the delivery and summoning process.

5. The authority may publish orders and decisions without justification in the official gazette

a) in relation to a party whose whereabouts are unknown or who is residing abroad and has not designated a delivery address in Switzerland,

b) to a multitude of parties who cannot be completely identified without disproportionate effort.

6. No legal detriment shall arise from a defective delivery to any person.

Applications based on vexatious or abusive litigation will not be entertained.

1. Anyone who litigates frivolously, violates decorum and etiquette in proceedings, or disrupts the conduct of business may be punished by the instructing authority with a regulatory fine of up to 1000 francs, in the case of a repeat offense, up to 3000 francs.

1. Persons who disrupt a hearing, do not follow instructions, or make image or sound recordings without permission, may be removed from the hearing by the instructing authority, if necessary with the assistance of the police, and may be subject to a regulatory fine. The provisions of Article 46 shall apply mutatis mutandis for the amount of the fine.

1. Authorities are prohibited from discussing a matter pending before them with a party, its representative, or their representative outside of the proceedings.

1. The competent authority regulates public-law legal relationships ex officio or upon request by means of an order, unless the law explicitly provides otherwise or refers to legal proceedings for dispute resolution.

2. A denial or delay of an order is also considered an order.

The administrative authority conducts the procedure for issuing an order ex officio or upon application.

The application shall be considered if a legitimate interest is demonstrated.

1. An Order Must Contain

a) the designation of the issuing authority,

b) the facts, legal principles, and reasons upon which it is based,

c) the dispositive part and the cost regulation,

d) the notice of the available ordinary legal remedy, including the timeframe and instance (legal remedy information),

e) the recipients,

f) the date, and

g) the signature; in the case of mass orders, this requirement may be waived.

2. Administrative authorities may issue an order without providing reasons if

a) undisputed requests are fully granted;

b) the issuance is made through official publication;

c) it clearly follows from the accompanying circumstances of the proceedings.

1. The legislation may stipulate that an objection must be raised against the decision before the appeal process is available. The legal instruction must point this out.

2. The provisions applicable to appeals shall apply mutatis mutandis to the right to object and the suspensive effect of objections.

1. The objection must be lodged with the administrative authority in writing and in compliance with the formal requirements of Article 32 within 30 days from the notification of the decision.

1. The administrative authority shall re-examine the facts of the case based on the objection and issue a new decision.

2. In doing so, it is not bound by the parties' requests.

3. If the new decision may affect third parties, they must be heard before a new decision is made.

1. A legally binding concluded procedure must be re-opened by the administrative authority upon request or ex officio if

a) a criminal proceeding has shown that a crime or misdemeanor that disadvantaged the party influenced the decision; if the criminal proceedings cannot be conducted, proof may be provided otherwise;

b) the party or the authority subsequently discovers significant facts or finds decisive evidence that could not be presented in the previous procedure, excluding those arising after the relevant decision;

c) compelling public interests justify it.

1a. In favor of the decision's addressee, the authority can re-open the procedure at any time.

2. Another statutory regulation regarding the re-opening of the procedure and the modification of the decision remains reserved.

3. Requests for the re-opening of the procedure must be submitted within 60 days of discovering the grounds for re-opening.

4. After the expiration of ten years since the issuance of the decision, a modification of the decision is only permissible for the reasons mentioned in paragraph 1 letter a.

1. If the administrative authority accepts the request for the reopening of the proceedings and considers it justified, or if it is obliged to act ex officio, it shall annul the decision in whole or in part and issue a new decision if necessary.

2. Decisions regarding a request for reopening and the new decision in the matter can be contested in the same manner as the original decision.

1. Any person who, in good faith, has taken measures and suffers damage due to the revocation or amendment of an order, is entitled to compensation if they did not themselves cause the reason for the new order.

2. The claim is directed against the entity whose administrative authority has issued the new order.

1. If the dispositive part of a judgment needs to be corrected due to an editorial or clerical error, the time limit for filing an appeal shall begin anew.

1. Subject to Appeal

a. Orders, unless this law specifies otherwise,

b. The following acts by authorities within the meaning of Article 2 paragraph 1 letter b

1. Decrees,

2. Elections, votes, resolutions, and orders in electoral and voting matters,

3. Further resolutions if no other legal remedy is available against them.

2. Appeals against acts according to paragraph 1 letter b are only admissible after the municipal body with final authority in the matter has made a decision.

3. Reserved are the legal remedies according to the provisions of the Act of 5 June 2012 on Political Rights (PRG).

1. Interim Orders are considered orders that neither completely nor partially terminate the proceedings, particularly concerning

a) jurisdiction,

b) disqualification and rejection,

c) the termination of the proceedings,

d) the duty to provide information, testify, or produce documents and the exclusion of a party from witness examination,

e) the refusal of access to records,

f) the non-acceptance of endangered evidence,

g) provisional measures and orders regarding suspensive effect.

2. Interim orders regarding jurisdiction, disqualification, and rejection are independently appealable. They can no longer be contested later.

3. Other interim orders are independently appealable if

a) they can cause irreparable harm, or

b) the acceptance of the appeal immediately results in a final decision, thereby saving significant time or costs for a comprehensive evidentiary procedure.

4. If the appeal under paragraph 3 is not admissible or was not used, the interim order can be contested by an appeal against the final decision insofar as it affects its content.

5. Appealable orders must include instructions on legal remedies.

**1.** The competent directorate in the matter shall assess appeals against orders in accordance with Article 60 paragraph 1 letter a

a) from subordinate administrative units (offices, departments, agencies), unless legislation provides for an appeal directly to another appellate instance,

b) **of the district governors**, to the extent provided by legislation,

c) **of the authorities** in accordance with Article 2 paragraph 1 letter b, to the extent provided by legislation,

d) **of other cantonal authorities** in accordance with Article 2 paragraph 1 letter c, unless legislation provides for another appellate instance.

**2.** The directorate shall decide as the final cantonal instance, when provided by legislation.

1. The Government Commissioner shall adjudicate appeals against

a. **\*** orders from authorities as referred to in Article 2, paragraph 1, letter b, and municipal authorities as referred to in Article 2, paragraph 1, letter c, unless the law provides that the appeal is to be directed to another authority,

b. **\*** acts as referred to in Article 60, paragraph 1, letter b, unless the law provides for an appeal to another authority.

2. Competence lies with the Government Commissioner at the seat of the acting authority. Appeals against acts of organs of a regional conference shall be decided by the Government Commissioner of the administrative district where the majority of the residents are situated.

1. The Executive Council assesses appeals against decisions or appeal rulings by its directorates and the government prefects, and, if legislation provides, against decisions by administrative units within the directorates or by municipalities, provided that

a) no legal remedy is directly available to the Administrative Court or another administratively independent cantonal judicial authority,

b) federal law does not propose a legal remedy directly to the Federal Council or to a federal administrative justice authority,

c) the directorate does not make a final cantonal decision.

1. Entitlement to Appeal

a) Anyone who participated in the proceedings before the lower instance or had no opportunity to participate,

b) is particularly affected by the contested order or decision, and

c) has a legitimate interest in the annulment or amendment of the order or decision.

2. Furthermore, any other person, organization, or authority authorized by law or decree is entitled to appeal.

Entitlement to Appeal Against Municipal Decrees

Any person who could potentially be affected in their legitimate interests with a minimal degree of probability by the challenged decree is entitled to file an appeal against municipal decrees.

1. Right to Appeal in Municipal Election and Voting Matters

a. Whoever meets the requirements of Article 65,

b. Whoever is entitled to vote in the municipality.

1. Right to Appeal Against Further Municipal Decisions

a) Those who meet the requirements of Article 65,

b) Those who are entitled to vote in the municipality for decisions that affect the general interests of the municipalities.

1. Grounds for Appeal

a. incorrect or incomplete determination of the facts,

b. other legal violations including errors of law in the exercise of discretion,

c. unreasonableness, except in cases

1. as provided in Article 60 paragraph 1 letter b,

2. where the legislation provides otherwise.

1. The appeal must be filed within 30 days from the notification or publication of the contested act, in compliance with the formal requirements of Article 32.

**In Electoral Matters, Appeals Must Be Filed Within Ten Days After the Election.**

In voting matters, the appeal must be filed within 30 days after the vote. For contesting preparatory actions (para. 3), the period is ten days.

If actions related to the preparation of an election or a vote are contested and the ten-day appeal period does not extend beyond the election or voting date, an appeal must be filed against the preparatory action. The appeal period begins the day after the notification or publication of the contested act.

1. The appeal has suspensive effect unless the legislation stipulates otherwise.

2. For important reasons, the issuing authority may order that a potential appeal shall not have suspensive effect.

3. Such an order is independently contestable as an interim measure if it could cause irreparable harm; this appeal does not have suspensive effect.

4. During the pendency of an appeal procedure, the instructing authority may, ex officio or upon request, withdraw or restore the suspensive effect for important reasons.

5. Important reasons particularly include

a. a public interest that necessitates the immediate execution of an adverse decision, or

b. a private interest in the immediate effectiveness of a favorable decision, provided that this does not influence the outcome of the procedure or a summary examination reveals that the appeal is obviously unfounded.

1. If the appeal is not evidently inadmissible or unfounded, the investigating authority shall transmit copies to the lower court and the other parties involved and conduct the exchange of documents.

2. The lower court must submit the records to the appellate authority within the same period.

3. A further exchange of documents may be ordered, or a hearing may be conducted.

1. If the Government Council is the appeal instance, the appeal instruction is the responsibility of

a. the materially competent department, if it has not decided itself or does not appear biased due to other involvement,

b. the Department of Construction and Transport for cantonal zoning ordinances (Article 102, Paragraph 3 of the Building Act of June 9, 1985),

c. the Department of Interior and Justice in other cases and

d. the State Chancellery, if the Department of Interior and Justice has decided.

2. The instructing authority submits a proposal to the Government Council and exercises the powers entitled to the Government Council as the appeal instance until the decision is made.

3. The Government Council is responsible for the assessment of appeals against contestable interim orders of the instructing department or the State Chancellery.

1. Instead of submitting a response to the complaint, the issuing authority may issue a new order, either wholly or partially in favor of the complaining party, or revoke the contested order.

2. The appellate authority shall continue the proceedings to the extent that they have not become moot due to the new order.

1. If the appeal can be admitted, the appellate authority decides on the matter or exceptionally returns the files to the lower instance with binding instructions.

2. The appeal decision contains, mutatis mutandis, the elements referred to in Article 52.

3. Article 84a is applicable mutatis mutandis to appeals decisions of the final cantonal instance.

1. In favor of the appellant, the contested decision or appeal ruling can only be amended on grounds of legal violation, not due to inappropriateness.

2. The appellate authority grants the right to be heard; a withdrawal of the appeal must be allowed unless otherwise stipulated by legislation.

3. If the appellate authority intends to amend the contested decision or appeal ruling, it grants the right to be heard to the affected third parties beforehand for the first time, provided they have not been able to participate in the previous appeal proceedings.

1. The Administrative Court adjudicates, as the final cantonal instance, appeals against orders and decisions that are based on public law.

2. It also adjudicates, as the final cantonal instance, appeals concerning

a) cantonal election and voting matters according to the provisions of the Public Law Act (PRG),

a1) election and voting matters of the national churches,

b) municipal enactments,

c) municipal election and voting matters,

d) municipal resolutions in the sense of Article 60, paragraph 1, letter b, number 3.

3. For the contestation of interim orders and interim decisions, Article 61 applies mutatis mutandis.

1. If the administrative court appeal is inadmissible in the main matter, it is also inadmissible against

a) interim orders and interim decisions,

b) discontinuation orders,

c) claims for costs,

d) denials or delays of justice and decisions concerning them as well as

e) enforcement orders.

1. An administrative court appeal is inadmissible against orders and decisions

a) of the Grand Council and its bodies, unless otherwise provided by law,

b) of the Supreme Court, except against orders in matters of judicial administration,

c*) of the Appeal Commission for measures against vehicle drivers, except against orders in matters of judicial administration,

c1*) of the Appeal Commission of the Evangelical Reformed Church, except against orders in matters of judicial administration,

d-e*) ...

2. An administrative court appeal is inadmissible against orders and decisions of other authorities when these authorities are, according to the law, the final cantonal instance.

3. An administrative court appeal is furthermore inadmissible against orders and decisions that can be directly challenged before the Federal Council or a federal administrative judicial authority.

1. The administrative court appeal is inadmissible against orders and decisions concerning

a. Internal security and foreign affairs with a predominantly political character,

b. Development plans,

c. The formation and dissolution of corporations, institutions, or associations of persons,

d. The designation of locations for facilities and institutions, as well as supply, planning, and promotion areas, and similar matters,

e. Supervisory and organizational measures with a predominantly political character,

f. Public law matters that are directly related to civil law, in particular matters under Article 72 paragraph 2 letter b of the Federal Act of June 17, 2005, on the Federal Court (Federal Court Act, BGG), and under Articles 5 to 9 of the Act of May 28, 1911, concerning the introduction of the Swiss Civil Code (EG ZGB),

g. The execution of sentences and measures.

1. The right to file an administrative court appeal is granted to anyone who

a) participated in the proceedings before the previous instance or did not have the opportunity to participate,

b) is particularly affected by the contested order or decision, and

c) has a legitimate interest in the revocation or amendment of the order or decision.

2. The right to file an administrative court appeal is also granted to any other person, organization, or authority that is authorized to do so by law or decree.

1. Right to File Administrative Judicial Appeal Against Municipal Decrees: An individual is entitled to file an administrative judicial appeal against municipal decrees if they participated in the proceedings before the lower instance or were not given the opportunity to participate, and if the contested decree could potentially affect their legally protected interests with minimal probability.

1. Right to Appeal to the Administrative Court in Municipal Election and Voting Matters

a. Anyone who fulfills the requirements of Article 79,

b. Anyone who is eligible to vote in the municipality.

1. Right to Appeal Administrative Decisions Against Further Municipal Resolutions

a) Those who meet the requirements of Article 79 are entitled to appeal.

b) Those eligible to vote in the municipality on resolutions that affect the general interests of the municipalities.

1. Grounds for Administrative Appeal

a) Incorrect or incomplete determination of the facts,

b) Other legal violations including legal errors in the exercise of discretion, and

c) Inappropriateness of orders and decisions

1. in the field of social security,

2. **\*** ...

3. if the legislation provides for this complaint.

1. The administrative court appeal must be filed in writing within 30 days from the notification of the decision or order, in compliance with the formal requirements of Article 32.

2. The deadline is ten days for challenging

a) decisions in municipal electoral matters,

b) decisions concerning preparatory acts in municipal voting matters.

1. The administrative court appeal has a suspensive effect; Article 68 applies mutatis mutandis.

1. The conduct of the appeal procedure is governed mutatis mutandis by Articles 69 and 71.

1. If the Administrative Court sets aside the contested decision or order, it shall rule on the matter or remand the files to the lower instance for re-evaluation.

2. Subject to specific statutory provisions, the Administrative Court may not exceed the requests of the parties in its judgment.

3. In the realm of social security law, the Administrative Court is not bound by the parties' requests. It may, while safeguarding the right to be heard, amend the order to the detriment of the complaining party or award more than what has been requested.

4. Otherwise, the judgment contains, by implication, the elements mentioned in Article 52.

1. The administrative court may pronounce its judgment without a rationale or with a brief rationale. The parties may request a complete version of the judgment within 30 days of its pronouncement.

2. The parties must be informed of the possibility of obtaining a rationale for the judgment and the legal consequences, particularly concerning the consequences of costs.

3. If a party requests a rationale, the judgment shall be provided in writing with full reasoning and delivered to the parties in a complete version. The period for filing an appeal begins with this delivery.

The legislation establishes the jurisdiction of other judicial authorities independent of administrative control.

To the extent that the legislation does not establish specific procedural rules, proceedings before other administrative-independent judicial authorities shall be governed by this law; in particular, Articles 65 to 73 shall apply mutatis mutandis.

In proceedings before the Higher Court, Articles 79 as well as 80 to 84a shall apply mutatis mutandis.

1. The Administrative Court adjudicates, upon complaint, as the sole instance

a *** ...

b *** Disputes arising from public-law contracts in which the Canton, a national church, or one of their regional units is involved, unless the competent authority is required by law to settle the dispute by decision,

c Claims under the area of social insurance law, as far as the legislation provides,

d Proprietary claims under public law, if the legislation provides for it or no other administrative judicial authority is competent,

e *** ...

1. The Government Commissioner shall adjudicate, upon complaint,

a) ...

b) property-related disputes under public law between municipalities,

c) property-related claims of private individuals under public law against municipalities,

d) subject to Article 87 paragraph 1 letter b, disputes arising from public-law contracts, insofar as the competent authority is not required by law to resolve the dispute through an order,

e) property-related disputes between private individuals under public law.

Other judicial authorities independent of administration adjudicate upon claims, as provided by legislation.

1. An administrative law action is inadmissible if the alleged claim can be asserted through the appeals process.

2. The admissibility of a counterclaim is determined by the provisions of the Swiss Code of Civil Procedure.

3. In proceedings before the Administrative Court acting as an arbitration court in social security disputes, a counterclaim is only admissible if it would also be subject to assessment as an independent claim by the arbitration court.

1. Unless otherwise provided by law, the instruction of the legal action shall be conducted mutatis mutandis in accordance with Article 69.

2. The authority may summon the parties to a conciliation hearing.

**The Authority Evaluates Submissions by the Parties in Factual and Legal Regards According to Duty-Bound Discretion**

Subject to specific statutory provisions, the authority may not exceed the party's requests.

In the area of social security law, the administrative court is not bound by the parties' requests. It can decide against the complaining party or award more than what has been requested, while respecting the right to be heard.

Furthermore, the judgment contains, by interpretation, the elements mentioned in Article 52.

1. Unless otherwise provided by legislation, judgments issued in proceedings by lower administrative judicial authorities may be appealed to the administrative court.

2. The administrative court possesses the same powers of judgment as the lower instance.

1. The appeal must be filed in writing with the Administrative Court within 30 days from the notification of the judgment, in compliance with the formal requirements of Article 32.

2. ...

3. Additionally, Articles 84a, 91, and 92 apply mutatis mutandis.

1. A final decision of an administrative judicial authority may be amended or revoked upon request if

a. a criminal proceeding has shown that the decision was influenced by a crime or offense to the detriment of the party; if the criminal proceeding is not feasible, evidence can be provided by other means,

b. the party subsequently becomes aware of significant facts or finds decisive evidence that they could not present in the previous proceeding, excluding those that emerged after the contested decision.

1. The request for revision must be submitted within 60 days from the discovery of the grounds for revision.

2. After the lapse of 10 years since the decision was rendered, a modification or annulment of the decision is permissible only for the reasons specified in Article 95, letter a.

1. The appeal for revision must be submitted to the administrative judiciary authority whose decision is to be revised.

2. The petition must indicate what modification of the previous decision and, if applicable, what restitution is being requested.

3. Furthermore, the appeal for revision must set out the grounds for revision and demonstrate their timely assertion, in compliance with the formal requirements of Article 32.

1. The same procedural provisions as for the contested decision apply mutatis mutandis to the treatment of the revision request.

2. The administrative judicial authority may suspend the execution of the contested decision during the revision procedure and make further precautionary orders; it may require a security deposit for this purpose.

1. If the administrative judicial authority finds that the alleged ground for revision is justified, it shall annul the previous decision and issue a new ruling.

2. The decision on a revision request is subject to the same legal remedy as the decision that prompted the revision request.

1. If a decision is incomplete or unclear, or if its provisions contradict each other or the grounds of the decision, or if it contains editorial or calculation errors, the administrative justice authority shall, ex officio or upon a written request, provide the necessary clarification or correction.

2. The request for clarification or correction must be submitted within 30 days from the notification of the decision; it is not necessary to hear the other parties for its resolution.

3. The request for clarification or correction does not suspend the running of the appeal period.

4. The clarified or corrected decision replaces the original.

5. In other respects, Article 98 applies mutatis mutandis.

1. Facts that may necessitate intervention against an authority can be reported to the supervisory authority.

2. The person making the report, unless otherwise prescribed, does not have party rights, but can request to be informed about the resolution of the report.

1. Special Statutory Provisions Governing Costs Take Precedence Over Articles 103-110.

1. Procedural costs consist of a flat fee. For special investigations, expert opinions, and similar matters, additional fees may be charged.

2. The authority determines the fee based on the statutory fee schedule in accordance with its due discretion.

3. The community initially bears the costs of evidence taking measures ordered by the authority; the authority may request an appropriate advance payment of costs if the evidence taking measure has been requested by a party.

4. Procedural costs become due when the decision or order becomes legally binding.

1. **Party Costs**

Party costs include the expenses incurred through professional party representation. The assessment of the compensation for party costs is governed by the provisions of the legal regulations for attorneys.

2. **Entitlement to Compensation for Private Individuals**

In complex proceedings, the administrative justice authority may grant private individuals who have conducted their case themselves a reasonable party compensation and reimbursement of expenses.

3. **No Entitlement to Compensation for Certain Authorities**

Authorities as defined in Article 2, Paragraph 1, Letter a, and, subject to Paragraph 4, authorities as defined in Article 2, Paragraph 1, Letter c, are not entitled to compensation for party costs in appeal proceedings.

4. **Entitlement to Compensation for Specific Authorities**

Authorities as defined in Article 2, Paragraph 1, Letters b, and to the extent that they are entrusted with public-law tasks, authorities as defined in Article 2, Paragraph 1, Letter c, are entitled to compensation for party costs in appeal proceedings if the factual and legal circumstances justify it.

1. In administrative proceedings and internal administrative appeal proceedings, there is no obligation to advance procedural costs, subject to Clause 1a.

1a If the party has no registered office or residence in Switzerland or if their insolvency is proven, the instructing authority may demand an appropriate advance on costs if

a) the administrative procedure is conducted upon request: in this procedure and in the subsequent internal administrative appeal proceedings,

b) the administrative procedure is conducted ex officio: in the subsequent internal administrative appeal proceedings.

2. In the appeal procedure before administrative justice authorities that are independent of the administration, as well as in litigation procedures, the appealing or plaintiff/appellant party must provide an appropriate advance on costs. In special cases, the instructing authority may waive this obligation.

3. If the requesting, plaintiff, appellant, or appealing party has no registered office or residence in Switzerland or if their insolvency is proven, they may be required, upon request of the opposing party, to secure the party costs.

4. If the party fails to pay the required amount in a timely manner and also neglects to use a short grace period, their requests shall not be admitted.

5. ...

Unless otherwise determined in the decision, co-litigants are jointly and severally liable for the costs imposed on them jointly, in equal parts.

1. The authority shall determine any procedural costs in the decision.

2. The objection procedure is conducted free of charge.

3. There is no entitlement to reimbursement of party costs.

1. The procedural costs shall be imposed on the losing party, unless the procedural conduct of a party necessitates a different allocation or particular circumstances justify not imposing procedural costs.

2. Authorities as defined in Article 2(1)(a) shall not be imposed with procedural costs. Other lower authorities or appealing and losing authorities shall only be imposed with procedural costs if their property interests are affected.

2a. Parts of the costs that cannot be collected shall not be imposed on the remaining losing parties.

3. The losing party must reimburse the opposing party's litigation costs, unless their procedural conduct or special circumstances necessitate a different apportionment or the waiver of costs, or the imposition of litigation costs on the community appears justified.

1. In the appeal procedure concerning municipal election and voting matters, no procedural costs shall be imposed, except in cases of frivolous or vexatious litigation.

2. The costs for special investigations within the framework of the appeal procedure may be wholly or partially imposed on the municipality, whose bodies are responsible for the irregularity.

3. The entitlement to reimbursement of party costs is governed by this law.

1. Procedural and party costs are to be allocated to the parties according to the extent of their loss.

2. If the prevailing party has demanded too much or has increased the litigation costs through unnecessary complexities, the costs of the procedure and the parties can, depending on the circumstances, be apportioned proportionately.

**Article 1: Parties that Withdraw Applications, Claims, or Appeals**

A party who withdraws an application, a claim, or an appeal, declares a discontinuance, or otherwise ensures that the proceedings become moot, is considered the losing party.

If a proceeding becomes moot without the involvement of a party, the procedural and party costs shall be allocated according to the estimated chances of success in the litigation. For reasons of equity, the procedural and party costs may be imposed on the public body.

With the consent of the instructing authority, the parties may agree to deviate from this provision.

1. Upon application, the administrative authority or the administrative justice authority exempts a party from the obligation to pay costs, and any advances or security, if the party

a) does not have the necessary means, and

b) their legal request does not appear to be without prospect of success.

2. Under the same conditions, an attorney may also be appointed to a party if the factual and legal circumstances justify it.

3. Legal aid may be granted retroactively, in whole or in part, from the beginning of the proceedings before the authority dealing with the case. It does not exempt the party from paying costs or compensation to the opposing party.

4. The instructing authority revokes the legal aid if the entitlement to it no longer exists or never existed.

1. No procedural costs shall be charged for the decision on the application for legal aid; the attorney shall be compensated according to the special provisions of the attorney law when officially appointed. The prevailing opposing party in the application procedure is not entitled to reimbursement of party costs.

2. The application and procedure are otherwise governed by the provisions of the Swiss Code of Civil Procedure.

3. If the right to legal aid is denied or withdrawn, this decision is subject to the same legal remedy as the matter itself. Paragraph 1 shall apply mutatis mutandis.

4. The attorney and the represented party may challenge the decision on the amount of compensation with the same legal remedy as the matter itself.

1. The obligation of the party to make additional payments due to improved economic conditions is governed by the provisions of the Swiss Code of Civil Procedure and the attorney legislation.

2. The decision regarding the additional payment to the canton is made by the competent authority of the Finance Directorate through an order.

1. Orders, decisions on complaints, and judgments are enforceable when they are no longer subject to ordinary legal remedies, or when such remedies have been deprived of their suspensive effect, or when such an effect is absent by law.

2. Final and binding orders and decisions on complaints that require the payment of money or the furnishing of security by authorities as defined in Article 2 are equivalent to enforceable judicial judgments under the Federal Act on Debt Collection and Bankruptcy[20].

3. A settlement concluded before an administrative justice authority or approved by it, as well as a withdrawal or waiver approved by it, is enforceable like a final judgment.

1. The Government Commissioner is responsible for enforcement, insofar as this is not carried out by the issuing authority or unless the legislation provides otherwise.

1. The authority shall set a reasonable deadline for the obligated party to comply and shall threaten them with enforcement measures in the event of non-compliance, unless this has already been done. This threat must be accompanied by a warning of punishment under Article 292 of the Swiss Criminal Code in the event of disobedience.

2. Together with the threat of enforcement or at the latest after the unutilized expiration of the compliance deadline, the authority shall decree when and how the enforcement will be carried out (enforcement decree).

2a. If notifying the timing of the enforcement could complicate the enforcement process, it may be omitted.

3. The enforcement decree is subject to the same legal remedy as the decision or judgment in the matter.

1. Orders, decisions on complaints, and judgments concerning payment of money or provision of security shall be enforced according to the provisions of the Federal Act on Debt Enforcement and Bankruptcy[22].

2. If the order, decision on a complaint, or judgment obliges one to perform, tolerate, or refrain from an action, the compulsory enforcement shall be carried out through a fee-based substitute performance or official coercion, if necessary, with the assistance of the police.

3. ...

1. Orders, appeal decisions, or judgments that obligate a public-law corporation to make a monetary payment or provide security shall be enforced in the event of default according to the provisions of the Federal Law on Debt Enforcement and Bankruptcy and the Federal Law on Debt Enforcement against Municipalities and Other Entities of Cantonal Public Law.

2. In other cases, the supervisory authority shall set a reasonable deadline for compliance and, in the event of non-compliance, take supervisory measures.

1. The election and organization of the Administrative Court, including the decision-making authorities and competencies, are governed by the provisions of the GSOG.

1. The Grand Council elects the Administrative Court for the first time in the autumn of 1989 according to the provisions of this law.

1. Pending administrative proceedings shall be concluded by the authority competent under the previous law.

2. In these cases, administrative appeals shall also be adjudicated by the judicial authority competent under the previous law.

3. The admissibility of a legal remedy directed to an administratively independent judicial authority shall in all cases be assessed according to the new law.

1. If the matter is subject to administrative judicial complaint and the directorate was the competent authority under the old law, the authority to issue orders transfers to the administrative unit directly subordinate to the directorate, unless the directorate is required to act as the supervisory authority according to the legislation.

2. Reserved are the powers to make decisions based on the financial competency regulations, any divergent new provisions regarding the organization of individual directorates of the government council, and the authority to issue orders in the area of public service law.

1. The term "Weiterziehung" is replaced with "appeal" for the complaint procedure and "appeal" for the lawsuit procedure.

2. Except in tax law, the term "Rekurs" is replaced with "appeal."

3. The terms "Versicherungsgericht" and "Verwaltungs- und Versicherungsgericht" are replaced with "Administrative Court."

1. The following enacts are amended

1. Decree of February 1, 1971, on the Organization of the Government Council and the Presidential Department [25].

2. Law of February 7, 1954, on the Employment Relationship of the Authority Members and the Personnel of the Bernese State Administration (Civil Service Law) [26].

3. Decree of May 10, 1972, on the Salaries of the Authority Members and the Personnel of the Bernese State Administration [27].

4. Municipal Law of May 20, 1973 [28].

5. Law of December 5, 1986, on Agricultural Land Law [29].

6. Law of July 7, 1918, concerning the Code of Civil Procedure for the Canton of Bern [30].

7. Decree of September 18, 1972, on the Salaries of the Clergy of the Bernese State Churches [31].

8. Law of December 3, 1950, on the Use of Water [32].

9. Introductory Law of June 4, 1961, to the Federal Law on Invalidity Insurance [33].

1. Provisions of the previous law that refer the assessment of disputes to litigation are repealed, unless

a this law provides otherwise, or

b the legislation provides for a special judicial authority independent of administration for the decision on claims in the first instance.

2. Provisions of the previous law, according to which the government council makes final decisions on complaints, are repealed to the extent that they contradict this law.

3. Provisions of the previous law, according to which appeals can be made against decisions of municipal authorities under the provisions of the municipal law, are repealed.

4. Provisions of the previous law, according to which objections must be raised with the deciding authority before the complaint procedure can be conducted, are repealed; the objection procedure is maintained

a when the first appellate instance is a federal authority or a judicial authority independent of administration,

b in tax law against assessment decisions,

c according to the provisions of the building law against decisions concerning landowners' contributions,

d according to the provisions of the land consolidation decree against decisions of the consolidation committee,

e in agricultural law against decisions on contributions to animal holders, managers, and plant producers,

f *** ...

g in decisions by labor market authorities according to the provisions on limiting the number of foreigners,

h in road traffic law.

5. Other procedural provisions of the previous law, which contradict this law, are repealed.

1. The following enactments are repealed

a) Law of October 22, 1961, on Administrative Jurisdiction.

b) Law of June 7, 1970, on the Principles of Internal Administrative Procedure and the Delegation of Administrative Powers by the Government Council.

c) Decree of May 24, 1971, concerning the Organization of the Administrative and Insurance Court and the Procedure before the Insurance Court.

1. The Great Council shall bring the procedural and jurisdictional regulations in laws and decrees into conformity with this law by at the latest 1994 through a decree.

2. Accordingly, the Government Council shall amend the ordinances at the same time.

1. The provisions regarding the election of the administrative court shall enter into force on October 1, 1989.

2. In all other respects, this law shall enter into force on January 1, 1990.