155.21 VRPGLPJALGA

CH-BE

Art. 23 Act on Administrative Procedure (VRPG) - Access to Records

Procedural Principles - Right to Be Heard

Open official source Full Act (140 Articles) Machine-readable Markdown (.md)

Art. 23 Act on Administrative Procedure (VRPG) - Access to Records · Access to Records

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.

← Art. 22 Law on Administrative Jurisdiction (VRPG) - Participation Rights **1. Fundamentals - Scope** Art. 24 Law on Administrative Procedure (LAP) →

Court Decisions Applying This Provision (6)

100 2019 385 · be (Art. 23 Abs. 1 VRPG)

Student Grant Calculation Disclosure and Stepfather Income Inclusion Appeal

Cited in the reasoning (E. 3.1) regarding the right to inspection, but not explicitly cited in the final orders (1-5).

100 2019 385 · be (Art. 23 Abs. 2 VRPG)

Student Grant Calculation Disclosure and Stepfather Income Inclusion Appeal

Cited in the reasoning (E. 3.7) regarding the proportionality of anonymization, but not explicitly cited in the final orders (1-5).

200 2024 177 · be (Art. 23 Abs. 1 VRPG)

Municipality v. Social Assistance Recipients on Grounds of Undeclared Work and Lack of Cooperation

Cited in the reasoning regarding the right to inspect files, but not explicitly in the dispositive.

120 2024 47 · be (Art. 22 und Art. 23 VRPG)

Appeal Against Administrative Delay in Construction Decision Dismissed

Cited in the reasoning regarding the rights of parties to participate and inspect files in the proceedings.

100 2021 130 · be (Art. 23 Abs. 1 VRPG)

Petitioner Seeks Access to Pending Administrative Files for Separate Complaint Procedure

The request for access to files was rejected because according to this provision, only parties are entitled to inspect the files of a pending procedure.

100 2012 362 · be (Art. 23 Abs. 1 VRPG)

Cantonal Government Shoreline Path Planning Upheld Against Property and Environmental Challenges

Cited in relation to the right to inspect administrative case files (Akteneinsichtsrecht).