Art. 21 Code of Administrative Procedure and Jurisdiction (CPJA) - Reasons

1. A person who is responsible for instructing on a matter, making a decision, or participating in it must recuse themselves ex officio or upon request if

a) they themselves, their spouse, registered partner, fiancé, their relatives or in-laws in a direct line or up to and including the fourth degree in a collateral line, the husband or registered partner of the sister or the wife or registered partner of the brother of their spouse, their registered partner, or the person for whom they are the designated representative or guardian or with whom they share a household, has a direct interest in the matter;

b) they are a member of an organ of a legal entity or a company that has a direct interest in the matter;

c) they have previously been involved in the matter in another capacity;

d) they are a representative or guardian of a party or are related or in-law in a direct line with the representative or guardian or is their spouse or registered partner;

e) there exists a close friendship or personal enmity or a special duty or dependency relationship between them and a party;

f) other serious reasons give rise to doubts about their impartiality.

2. The dissolution of the marriage or partnership does not remove the reason for recusal due to in-law relations.

3. Members of the State Council or the executive organ of a public law corporation are not required to recuse themselves in non-contentious matters concerning institutions whose administration they belong to in an official capacity.

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