Act on Constitutional and Administrative Justice (VRPG) (VRPG)

1. Constitutional and administrative jurisdiction in the Canton of Basel-Stadt is exercised by the Court of Appeal.

2. The Constitutional Court assesses the constitutionality of enactments and orders in accordance with the constitution and this law.

3. The Administrative Court evaluates administrative orders in accordance with this law; decisions of administrative authorities are also considered as orders.

1. The jurisdiction of the Appellate Court as an administrative court excludes an appeal to the Grand Council and recourse to the civil court.

2. The administrative court makes a final decision regarding its jurisdiction.

1. If, after the decision of an administrative dispute by the administrative court, a criminal assessment takes place in the same matter, the judgment of the administrative court shall be decisive for the criminal assessment with respect to the administrative legal aspects of the case.

1. Claims for damages against officials and the state in accordance with § 9 of the Cantonal Constitution are to be asserted through civil proceedings.

1. Other pecuniary obligations founded in public law of the state, municipalities, and other public corporations, for which the laws do not prescribe a procedure for enforcement, shall be asserted in writing to the Government Council, subject to the provisions of § 6. The submission of the claim to the Government Council interrupts the statute of limitations.

2. The Government Council shall decide which authority is competent to handle the submission and shall forward the submission to this authority; if the claim pertains to the state, it may be referred to a department for resolution.

3. If the claim pertains to a municipality or another public corporation, an appeal against the decision of the competent authority is permissible in all cases to the Government Council or the competent department.

4. The provisions of § 16 regarding the deadline and justification apply.

5. The decision must be made within a reasonable time.

1. Claims for the reimbursement of a public-law financial contribution that was not owed or was overpaid must be asserted within one year after the end of the calendar year in which the contribution was made, either with the office that received it or with a superior authority. If the claim is not asserted within this period, it expires. Reimbursement shall be made if the claimant proves that they were in an excusable error regarding the existence or extent of their obligation to pay. Section 5, paragraphs 3 and 5, are applicable.

1. Claims referred to in §§ 5 and 6 shall be adjudicated by the Administrative Court according to the provisions of this Act after their settlement by the administrative authorities.

1. The administrative court uses language that is comprehensible to all parties, with particular consideration given to the special needs of individuals with sensory impairments as well as individuals with cognitive impairments. If a written delivery of a judgment is provided for, parties with disabilities may request a brief oral explanation if necessary.

1. The administrative court has jurisdiction to decide whether the administration, in disputes where the court is called upon, has not applied public law or has applied it incorrectly, has improperly established the facts, has violated essential formal or procedural regulations, or has unduly delayed a mandated order.

2. When the administrative court decides on an appeal against an order, it preliminarily reviews the decrees of the canton, municipalities, and publicly recognized churches and religious communities for their compliance with the Federal Constitution, international treaties, and the cantonal constitution.

3. Questions of civil and criminal law are independently assessed by the administrative court.

4. Insofar as a police order falls within the discretion of the administration or a statutory financial obligation is to be determined at the administration’s discretion through estimation, the administrative court decides, after examining the facts, whether the legal boundaries of the discretion have been violated or whether such discretion has been arbitrarily exercised.

5. It decides on the appropriateness of an order when a penalty is imposed or when it is appointed to do so by specific legal provision.

6. The administrative court reviews final decisions of publicly recognized churches and religious communities for compliance with their own laws only if such review is provided for in those laws.

1. If the administration, due to the absence of legal requirements, does not consider an application which is at its discretion to decide, an appeal against this decision is admissible; however, the appeal becomes void if the administration declares during the judicial proceedings that it cannot comply with the application even in the case of the appeal being upheld, and the appellant does not contest this declaration for the reasons specified in § 8 section 3.

1. Subject to different provisions, the decisions of the Administrative Court are subject to review of the orders issued by the Executive Council, the Presidium Conferences, the Judicial Council, the commissions elected by the Grand Council or Executive Council, and the office of the Grand Council.

2. Interim orders are independently subject to review by the Administrative Court only if they can cause irreparable harm.

3. Furthermore, its review extends to the orders made by the judicial authorities subordinate to the Court of Appeals, acting as appointing authorities of officials and employees, concerning their rights and obligations.

1. The Administrative Court makes its decision upon an appeal lodged, or, if the Government Council is the appeal body, based on a referral by it or the competent department.

1. The right to appeal is granted to anyone who is affected by the contested decision and has a legitimate interest in its annulment or amendment, as well as to anyone who is authorized to appeal by specific regulations.

2. Decisions made by commissions elected by the Grand Council or the Executive Council can be contested by the Executive Council, the relevant head of department, or an administrative unit authorized by specific regulation to do so.

1. Anyone directly involved in the decision on the appeal can be summoned to the proceedings ex officio or upon their application.

2. Such a summons must always occur when the appeal has been filed by only one party and the dispute concerns

a) Rights and obligations of private individuals towards a municipality or another public-law entity or

b) Mutual public rights and obligations of private individuals.

3. Furthermore, the person affected by the contested decision must be summoned if a decision is challenged in accordance with § 13 para. 2.

1. The Joined Party has the rights and obligations of a party. The motions of the other parties must be served upon them with a deadline set for their response. The appellate decision becomes legally binding for or against them, even if they did not participate in the proceedings.

1. The appeal must be filed in writing with the administrative court within ten days of the delivery of the order. For orders not personally delivered to the affected party, the appeal period begins on the day of publication; additionally, an appeal against such an order can be filed within ten days after the rejection of a request for withdrawal of the order.

2. A written statement of grounds for the appeal must be submitted no later than 30 days, calculated from the same starting point, which should contain the appellant's requests, the specification of facts and evidence, and a brief legal discussion. The president is authorized to exceptionally grant a longer deadline for the statement of grounds for the appeal.

2bis. When submissions are transmitted electronically, the procedure follows Article 21a of the Federal Act on Administrative Procedure (Administrative Procedure Act, VwVG) of December 20, 1968. The court may demand that the submissions also be provided in paper form.

3. If the statement of grounds for the appeal is not submitted or not submitted on time, the court declares the appeal as lapsed.

4. These provisions apply correspondingly to contests under § 9. The president communicates the statement subject to contest to the appellant; the period for contesting begins on the day of this communication.

5. The special provisions concerning the period for appeal and grounds for appeal in matters of welfare and in cases of legal delay remain reserved.

1. The filing of the appeal does not suspend the enforcement of the contested order, unless the President expressly orders otherwise (§ 24).

2. The President's order remains in effect until the issuance of the written decision with reasons, or, if no written reasons are provided, until the delivery of the dispositive part. This is subject to the revocation of the suspensive effect by the President or the court.

**1. The Administrative Court is required, in its assessment of appeals, to investigate the substantive truth ex officio, even if the parties have not submitted any evidentiary applications, unless a specific regulation places the burden of proof on the parties for the facts establishing their claims. It must comply with the evidentiary applications of the parties if they appear conducive to establishing the factual situation. Facts acknowledged by the parties may be accepted as true; in case of doubt, the court reserves the right to gather evidence. Also considered as acknowledged are the facts explicitly established in the challenged decision, which were not disputed by the appellant and the involved parties.**

1. The court may not exceed the claims submitted by the parties and may not amend the order contested by the appeal to the detriment of the appellant; exceptions are reserved for appeals pursuant to § 13 paragraph 2. Insofar as a claim by an appellant exceeds the claims submitted in the last administrative instance, it shall remain disregarded.

2. If an order is contested solely due to violations of procedural and formal regulations, the administrative court shall not assess its material content. § 20 paragraph 4 remains reserved. If an order is contested due to unlawful use of discretion or due to unsuitableness, the court shall only examine whether the facts and legal considerations expressly stated in the grounds of the appeal justify the contestation.

**1. If the court deems an appeal to be substantiated, it shall annul the contested order and either issue a decision resolving the dispute on the merits itself or remand the matter to the authority from which the annulled order originated.**

**2. If the matter is remanded, the administrative authority is obliged to repeat or correct the proceedings in accordance with the judgment's instructions and base its new decision on the legal view expressed in the judgment.**

**3. Remand must always occur:**

**a) when multiple orders are available for the resolution of a matter;**

**b) when an appeal due to delay in judgment or due to the neglect of essential formal or procedural rules has been deemed justified;**

**c) when an appeal referred to the administrative court by the governing council contains motions that, according to Sections 8, 9, and 11, cannot be adjudicated by the court.**

**4. However, in cases a and b, the administrative court may also issue a substantive judgment upon the application of the administrative authority.**

1. For the hearing and proceedings before the administrative court, the provisions of the Act concerning the Organization of the Courts and the Public Prosecutor's Office (Court Organization Act, GOG) of June 3, 2015, as well as the provisions of the Administrative Procedure Act (APA), shall apply additionally, insofar as their application to the appeals and complaints provided for in this Act is possible and this Act does not specify otherwise.

2. For administrative jurisdiction, there are no court holidays.

1. The President reviews the appeal submissions and returns unclear or non-compliant appeal justifications for correction, setting a deadline for improvement; if the correction is not made within the deadline, the court declares the appeal to be dismissed.

1. Upon receipt of the appeal declaration, the president of the lower court shall notify the parties involved as specified in § 14, paragraph 2; in these cases, the notice is considered as summons. He shall order any additional summonses as necessary. If a request for summons is denied, the applicant has the right to appeal to the court within ten days.

2. If the appeal is not obviously inadmissible or unfounded, the president shall set a deadline for the lower court and the summoned parties to submit a written statement. The lower court is required to submit the records of the administrative procedure, even if it does not make any motions.

3. The president shall determine whether and to what extent the originally deciding authority is to be involved in the proceedings.

1. The President shall take the necessary precautionary measures on his own initiative or at the request of the parties.

1. The President issues the necessary evidentiary orders.

2. In the event of disputes concerning civil rights and obligations or criminal charges within the meaning of Article 6, Paragraph 1 of the ECHR, an oral hearing shall take place unless the parties waive it.

3. In other cases, the President may schedule an oral hearing upon request or on his own initiative. Alternatively, he may order only a judicial consultation or render a decision through circulation resolution.

1. In the hearing, each party, the lower court, and the originally deciding authority, if involved in the proceedings, may present their case orally themselves or through a representative.

1. If a party does not exercise their right to express themselves in writing or orally before the court, the court shall decide based on the existing documents. However, if the personal appearance of an appellant or an invited party has been ordered, and the summoned person does not appear, the court may order their appearance.

1. The proceedings are public for the parties and the audience. However, the court may exclude the public for important reasons. In appeals relating to the law on direct taxes, the public is excluded if requested by a party. The public participation of parties is guaranteed even in these cases.

2. The court's deliberations are never held in public.

3. The judgment is verbally pronounced and briefly justified by the presiding judge to the public admitted during the proceedings, following the deliberations.

1. If no oral hearing has taken place, the judgment must be justified in writing in any case. The written judgment is to be delivered to the parties, the previous instance, and the originally deciding authority if the latter participated in the proceedings.

2. If an oral pronouncement of the judgment has taken place, a written justification of the judgment may be omitted in the event of the appeal being dismissed. In such a case, only a judgment decree is delivered.

3. For the calculation of the deadline for filing an appeal with the Federal Court, the delivery of the written justification of the judgment or, if none is drafted, the judgment decree is decisive.

1. In administrative legal proceedings, the appellant or an intervenor is typically required to bear the procedural costs in the event of losing the case. The losing party, previous instance, or the originally deciding authority, provided it has participated in the proceedings, may also be ordered to pay party compensation. No party compensations are awarded in favor of the previous instance and the originally deciding authority.

2. The appellant is liable to the state for costs incurred by the appeal and must, upon request, advance the estimated amount thereof. If the advance on costs is not provided within the set deadline, the appeal lapses. However, the possibility of remission of costs is reserved.

1. Upon appeal against the decision of the Grand Council or upon submission by the same, the Constitutional Court shall decide on the legal admissibility of popular and municipal initiatives.

1. The Appellate Court as the Constitutional Court

a) Complaints regarding violation of constitutional rights,

b) Complaints against decrees,

c) Complaints regarding violation of popular rights,

d) Complaints regarding violation of municipal autonomy.

2. It further assesses the conformity of decrees of publicly recognized churches and religious communities with their own, higher-ranking law, if such a review is provided for.

1. For the proceedings before the Constitutional Court, the provisions governing administrative court proceedings shall apply mutatis mutandis, insofar as this law does not contain any diverging provisions.

1. An appeal for violation of constitutional rights is only admissible insofar as this complaint cannot be raised by another legal remedy.

2. To the extent that a decision is subject to appeal to the Social Insurance Court, it also adjudicates the complaint of violation of constitutional rights. An appeal to the Constitutional Court is excluded.

3. The appeal is admissible against decisions of the Grand Council.

4. The appeal is also admissible against the refusal or delay of the contestable decision.

1. The following decisions of the Grand Council are excluded from the appeal to the Constitutional Court

a) Decisions regarding the cantonal recognition of privately organized churches and religious communities

b) Decisions regarding pardon and amnesty

c) Decisions regarding the annual budget and the annual accounts

d) Decisions regarding planning

e) Election decisions

1. The following can be challenged before the Constitutional Court

a) Cantonal ordinances and other cantonal decrees below the level of a statute

b) Decrees of the municipalities

c) Decrees of other bodies carrying out public functions

d) Decrees of publicly recognized churches and religious communities

2. Cannot be challenged

a) Constitutional provisions

b) Statutes

c) State treaties

d) Master plans

e) Cantonal and municipal zoning plans

3. Decrees of the municipalities that require approval by the Executive Council can only be challenged in the event of their approval.

1. Entitled to Appeal

a) Any person who might potentially be affected by the contested decree in the future;

b) The highest administrative authorities of the canton and municipalities, other public duty bearers, and publicly recognized churches and religious communities, if the implementation of the decree falls within their jurisdiction or could affect their legitimately protected interests.

1. The appeal must be submitted in writing to the Constitutional Court within ten days of the publication of the decree in the Canton Gazette. According to § 30b, § 16 paragraphs 2 and 3 apply.

2. The appeal against decrees of the municipalities requiring approval by the Government Council must be submitted within ten days of the publication of the approval in the Canton Gazette. According to § 30b, § 16 paragraphs 2 and 3 apply.

1. The appeal does not suspend the effect of the contested decree, unless the President explicitly orders otherwise.

2. The President publishes the order of suspensive effect in the Canton Gazette. He is authorized to publish the order in another manner in special cases. The contested provisions lose their effect upon publication of the order.

1. The Constitutional Court annuls unconstitutional decrees in whole or in part.

2. The Constitutional Court publishes the judgment in the Cantonal Gazette. It is authorized to publish the judgment in another manner in exceptional cases. Upon publication of the judgment, the annulled provisions lose their validity.

1. For violation of the people's rights, a complaint can be filed with the Constitutional Court. In particular, the following can be appealed

a) The violation of voting rights

b) The inadequate preparation and conduct of elections and votes

c) The disregard for unformulated initiatives by the Grand Council

d) The unlawful transfer of the people's powers to other bodies

2. The following can be contested

a) Resolutions of the Grand Council

b) Orders and decisions of the Government Council regarding elections and votes

c) Orders issued by the State Chancellery based on the law concerning initiative and referendum

d) Other actions and omissions of the Grand Council and the Government Council, provided that no object of appeal exists according to letters a-c of this paragraph

3. The declaration of urgency of a law cannot be contested.

4. Complaints pursuant to lit. b and c of para. 2 are assessed by the Appellate Court as an Administrative Court.

1. Any person entitled to vote has the right to file a complaint, and if it concerns a municipal initiative, the relevant local municipality as well.

2. The majority of the initiative committee is entitled to contest the State Chancellery's decisions regarding the preliminary examination of a popular initiative. Any person entitled to vote is entitled to contest the State Chancellery's decisions regarding the validation of popular initiatives.

1. The complaint must be filed in writing with the Constitutional Court within ten days after discovering the grounds for the complaint, after the delivery of the order or decision, or after publication in the Cantonal Gazette. A written statement of the grounds for the complaint must be submitted by no later than 30 days, calculated from the same point in time.

2. If the complaint is directed against decisions of the Executive Council pursuant to § 81 of the Law on Elections and Voting, it must be submitted in writing with a statement of grounds to the Constitutional Court within five days of the delivery of the decision.

3. These deadlines are not extendable.

1. Due to the violation of municipal autonomy, the resident and citizen municipalities may contest orders and decisions of the highest administrative authorities of the canton before the Constitutional Court.

2. The leading and supreme executive authority of the municipality is entitled to file a complaint.

**1. For the Appeal Due to Undue Delay of a Decision Prescribed by the Administration, the Provisions of Section C of this Law Apply with the Following Deviations:**

1. The appeal is not subject to a deadline; it is filed through a reasoned appeal submission.

2. If an appeal appears to be clearly unfounded, the President shall, if necessary after obtaining a report from the authority, dismiss it stating the reasons, and set a deadline for the appellant within which they must declare whether they insist on an assessment; if this request is not made within the deadline, the court declares the appeal as lapsed.

3. If the appeal is recognized as justified, the court submits the judgment to the government council with the invitation to ensure that the required order is made within a reasonable timeframe.

1. I. The Law of March 9, 1905, on Administrative Jurisdiction is repealed.

II-VII[3]

1. This Act shall come into effect on January 1, 1929.

2. If, at the time this Act comes into effect, the exchange of written submissions between the parties has been completed in complaints pending before the administrative court, they shall be resolved in accordance with the provisions of the previous law.