Legislator Case Law & Legislation
DE FR IT EN
Analyze in Legislator
155.21 VRPGLPJALGA CH-BE

Art. 3 Administrative Procedure Act (APA) - Principles

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

Art. 3 Administrative Procedure Act (APA) - Principles · Principles

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.

← Art. T2-1 Law on Administrative Legal Proceedings (VRPG) **1. Fundamentals - Scope** Art. 4 Law on Administrative Justice (VRPG) - Forwarding, Exchange of Opinions →

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 (7)

200 2024 665 · be (Art. 3 lit. a VRPG)
Social Assistance Recipient v. Social Service Provider (Delayed Payments and Vaccination Cost Deduction)
This article is mentioned in the reasoning but not in the dispositive orders, so it is excluded.
200 2023 481 · be (Art. 3 Abs. 1 VRPG)
Social Assistance Geographic Competence Dispute
Cited in reasoning 2.1 as the general rule establishing that legislation determines the jurisdiction of authorities.
200 2023 481 · be (Art. 3 Abs. 2 Satz 1 VRPG)
Social Assistance Geographic Competence Dispute
Cited in reasoning 2.1 and 3.1 to state that agreements between authorities and parties deviating from statutory jurisdiction are irrelevant.
2023 GSI 1145 · be (Art. 3 Abs. 1 und 4 VRPG)
Administrative Appeal Regarding Competence to Rule on Private Medical Ethical Guidelines Compliance
Cited in the reasoning section (6.1.5) to justify the non-entry into the merits based on the authority's lack of jurisdiction.
120 2022 4 · be (Art. 3 Abs. 4 und Art. 20a VRPG)
Municipality Appeal Regarding Building Permit Investigation Order
Cited in the reasoning concerning the BVD's duty to examine its jurisdiction, which is preliminary to the final decision.
100 2017 214 · be (Art. 3 Abs. 1 und 2 VRPG)
Foundation v. University: Copyright Infringement and Jurisdiction
Cited to confirm that legal forum agreements are irrelevant for determining the jurisdiction set by law.
100 2014 10 · be (Art. 3 Abs. 4 VRPG)
Voter Complaint Regarding Cantonal Referendum Dismissed by Bern Administrative Court
Cited to establish the administrative court's ex officio jurisdiction review.