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155.21 VRPGLPJALGA CH-BE

Art. 74 Law on Administrative Justice (LAJ) - Principle

**Appeal Procedure Before Independent Judicial Authorities - Before Administrative Court - Jurisdiction**
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Art. 74 Law on Administrative Justice (LAJ) - Principle · Principle

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.

← Art. 73 Law on Administrative Jurisdiction (VRPG) - Amendment of the Order by the Appellate Authority **1. Fundamentals - Scope** Art. 75 Act on Administrative Jurisdiction (VRPG) →

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Court Decisions Applying This Provision (498)

200 2024 714 · be (Art. 74 Abs. 3 i.V.m. Art. 61 Abs. 3 VRPG)
Municipality v. Social Assistance Recipients Repayment Terms Appeal
Used to qualify the lower authority's decision as an interim decision.
100 2022 266 · be (Art. 74 Abs. 1 i.V.m. Art. 76 und 77 VRPG)
Farmer Cow Standing Area Suitability Dispute
Cited in the reasoning to establish the court's jurisdiction as the final cantonal authority regarding the administrative appeal.
100 2022 347 · be (Art. 74 Abs. 1 i.V.m. Art. 76 und 77 VRPG)
Building Permit Denial Due to Mandatory Zone Boundary Clearance Violation
Cited as the basis for the jurisdiction of the Administrative Court as the final cantonal instance.
100 2022 309 · be (Art. 74 Abs. 1 i.V.m. Art. 76 und 77 VRPG)
Widow Denied Swiss Residence Lacking Financial Means and Sufficient Ties
Cited as the basis for the court's jurisdiction to hear the appeal as the final cantonal instance.
100 2022 35 · be (Art. 74 Abs. 1 i.V.m. Art. 76 und 77 VRPG)
Property Owners v. Municipality Regarding Water and Sewage Flat-Rate Fees and Procedural Defects
Cited in the reasoning (E. 1.1) to establish the competence of the Administrative Court as the final cantonal instance.
100 2022 253 · be (Art. 74 Abs. 1 i.V.m. Art. 76 und 77 VRPG)
Teacher's Pension Fund Contribution Obligation on Terminal Payments
Cited to confirm the court's jurisdiction as the last cantonal instance for examining the administrative appeal.
100 2021 358 · be (Art. 74 Abs. 1 i.V.m. Art. 76 und 77 VRPG)
Repayment of Pre-Marital Social Assistance Based on Post-Marital Income
These articles establish the jurisdiction of the Administrative Court as the final cantonal instance.
100 2022 70 · be (Art. 74 Abs. 1 i.V.m. Art. 76 und 77 VRPG)
Victim Assistance Denial for Criminal Legal Costs Due to Failure to Exhaust Free Legal Aid Option
Cited as the basis for the jurisdiction of the Administrative Court as the final cantonal instance.
100 2021 279 · be (Art. 74 Abs. 1 i.V.m. Art. 76 und 77 des Gesetzes vom 23. Mai 1989 über die Verwaltungsrechtspflege (VRPG))
Municipality of Residence School Attendance vs. Mother's Employment Needs
Cited to establish the court's jurisdiction as the final cantonal instance.
100 2020 461 · be (Art. 74 Abs. 1 VRPG)
Cantonal Financial Control Report Access Denial Upheld
Cited to establish the Court's jurisdiction as the sole and final cantonal instance.
100 2019 385 · be (Art. 74 Abs. 1 i.V.m. Art. 76 und 77 VRPG)
Student Grant Calculation Disclosure and Stepfather Income Inclusion Appeal
Cited in the reasoning (E. 1.1) to establish jurisdiction, but not explicitly cited in the final orders (1-5).
100 2021 189 · be (Art. 74 Abs. 2 Bst. c VRPG)
Landowner's Appeal Challenging Pre-Election Information Bulletin Dismissed for Lack of Standing and Untimeliness
Cited in the reasoning as the basis for the Administrative Court's jurisdiction in municipal voting disputes as the final cantonal instance.
100 2020 245 · be (Art. 74 Abs. 1 i.V.m. Art. 76 und 77 VRPG)
Denial of Naturalization Based on Juvenile Misdemeanor and Cantonal Impediment Period
Cited only in the reasoning (E. 1.1) to establish the court's jurisdiction, but not in the final orders.
100 2020 299 · be (Art. 74 Abs. 2 Bst. b und d VRPG)
Bern-Mittelland Prefectural Office Decision Annulled Due to Invalid Signatory Authority
Cited as the basis for the administrative court's jurisdiction to examine the appeal as the final cantonal instance.
100 2020 291 · be (Art. 74 Abs. 2 Bst. c VRPG)
Konolfingen School Spatial Planning Ballot Recount Case
Cited in the reasoning as the basis for the court's jurisdiction over municipal election and voting appeals, and implicitly applied as the procedural basis for the established jurisdiction.