155.21 VRPGLPJALGA

CH-BE

Art. 68 Act on Administrative Procedure (VRPG) - Suspensive Effect

Internal Administrative Complaint Procedure - Complaint Procedure

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

Art. 68 Act on Administrative Procedure (VRPG) - Suspensive Effect · Suspensive Effect

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.

← Art. 67a Act on Administrative Legal Proceedings (ALPA) - 2. Municipal Election and Voting Matters **1. Fundamentals - Scope** Art. 69 Law on Administrative Judicial Procedure (VRPG) →

Court Decisions Applying This Provision (101)

2025 GSI 1878 · be (Art. 68 Abs. 2 VRPG)

Administrative Prohibition on Childcare Upheld Due to History of Alcohol-Related Incidents

The provision authorizing the competent authority to order that an appeal does not have suspensive effect for important reasons.

2025 GSI 1878 · be (Art. 68 Abs. 4 VRPG)

Administrative Prohibition on Childcare Upheld Due to History of Alcohol-Related Incidents

The instructing authority's power to decide on the suspension of effect during the appeal process, justifying the denial of suspensive effect in the final order.

200 2025 377 · be (Art. 68 und 82 VRPG)

Social Assistance Reimbursement Upheld Despite Hardship Claim

Cited in the reasoning to explain why the obligation to repay was suspended during the appeal proceedings, thereby influencing the assessment of proportionality at the time of the current judgment.

200 2025 442 · be (Art. 68 Abs. 5 lit. a VRPG)

Appeal Against Denial of Restoring Suspensive Effect to Social Assistance Reduction

Cited as the legal basis for concluding that important reasons existed for the initial denial of the suspensive effect.

SK 2025 220 · be (art. 68 al. 1 LPJA)

Denial of Prison Sentence Postponement for Apprenticeship Completion

Cited in the reasoning to confirm that the appeal has suspensive effect.

120 2025 43 · be (Art. 68 Abs. 4 VRPG)

Administrative Director Overturns Immediate Ban on Mobile Phone Facility Components

Mentioned in the reasoning section concerning the precautionary measure of restoring the suspensive effect, although the request was ultimately declared moot under Art. 39 Abs. 1 VRPG.

120 2024 52 · be (Art. 68 al. 1 LPJA)

Co-Owners Appeal Costs Assessment After Partial Reversal of Privacy Screen Removal Order

Cited in the final decision (Order 4) for ordering the City of Bienne to pay costs to the appellant party.

120 2025 13 · be (Art. 68 Abs. 4 VRPG)

Appeal Challenging Lifted Hot Food Ban Due to Ventilation Filter Verification

Cited in the reasoning when addressing the procedural issue of suspending execution, which was then declared moot in the dispositive.

2025 GSI 468 · be (Art. 68 VRPG)

Apothecary License Withdrawal Appeal Regarding Illicit Codeine Trade

Cited as the legal basis for denying suspensive effect to any appeal against this decision, due to important reasons (protection of public health).

2024 GSI 2466 · be (Art. 68 Abs. 2 VRPG)

Physician License Revocation for Medically Unjustifiable Practices and Loss of Trustworthiness

The court used this provision to order that the appeal against the main decision is denied suspensive effect.

100 2024 384 · be (Art. 68 Abs. 1 VRPG)

Physician License Withdrawal Suspension Lifted Due to Undue Delay

Mentioned as the general rule establishing the suspensive effect of an appeal, which the decision overturns in part.

100 2024 384 · be (Art. 68 Abs. 4 VRPG)

Physician License Withdrawal Suspension Lifted Due to Undue Delay

Cited as the basis allowing the lower court to reconsider the provisional granting of the suspensive effect if circumstances change.

100 2024 384 · be (Art. 74 Abs. 3 i.V.m. Art. 61 Abs. 1 Bst. g und Abs. 3 Bst. a VRPG bzw. Art. 68 Abs. 3 VRPG)

Physician License Withdrawal Suspension Lifted Due to Undue Delay

Used in the reasoning section to confirm the self-standing appealability of the decision on suspensive effect, but not explicitly cited in the final orders (dispositive).

2024 GSI 1863 · be (Art. 68 Abs. 1 VRPG)

Refugee Sanction Upheld for Failure to Meet Job Application Quota

Cited in the reasoning concerning the effect of appeal (suspensive effect) when discussing the enforcement of the penalty.

SK 2024 326 · be (Art. 68 Abs. 4 VRPG)

Cantonal Directorate Security v. Convicted Individual (Electronic Monitoring Application Denial)

Used in the dispositive (order 1) to rule on the restoration of the suspensive effect of the appeal.