Legislator Case Law & Legislation
DE FR IT EN
Analyze in Legislator
370.100 VRGLGA CH-GR

Art. 6c Act on Administrative Justice (VRG) - Decision

**General Principles of Procedure - Conduct of Proceedings, Recusal, Deadlines, and Electronic Legal Transactions - Recusal**
Open official source Full Act (98 Articles) Machine-readable Markdown (.md)

Art. 6c VRG · Decision

1. If the disqualification is contested, the decision is made by

a) * the chairperson of the court responsible for the main proceedings in cases of disqualification of additional court personnel;

abis) * the deputy of the chairperson in cases of disqualification of the chairperson;

b) * the collegial authority in the absence of the affected person in cases of disqualification of its members;

c) the head of the department in cases of disqualification of employees of the respective department;

d) the superior authority in other cases.

2. The same authority decides which procedural or process actions must be repeated if a pre-existing ground for disqualification becomes known only subsequently.

← Art. 6b VRG Act on Administrative Justice (VRG) - Cantonal Authorities Art. 6d VRG - Admissibility →

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 (8)

U 2017 110 · gr (Art. 6c Abs. 1 lit. d VRG)
Canton Expropriation Commission Disqualification Appeal Dismissed
Used to establish the administrative court's jurisdiction to rule on the challenge when all commission members are challenged.
R 2016 40 · gr (Art. 6a - 6c VRG)
Alpine Farming Cooperative Exclusion and Fine Unlawful Due to Lack of Legal Basis and Insufficient Justification
Cited as the provisions governing recusation in the context of municipal law according to Art. 22 para. 3 GG.
R 2013 133 · gr (Art. 6c VRG)
Inn Renovation Permit Appeal Regarding Setback Violations
Cited in the reasoning as part of the applicable procedural law for determining bias.
R 2011 68 · gr (Art. 6c VRG)
Retirement Center Expansion Permit Upheld Against Building Code Objections
Cited in reasoning regarding the procedural rules for recusal applicable to the municipal executive acting as a review body for objections.
PVG 2011 20 · gr (Art. 6c Abs. 1 lit. a VRG)
Building Permit Recusal Proceedings: Administrative vs. Judicial Standards
The court found that the municipal executive violated this provision by not excluding the mayor from the decision on the objection when a conflict of interest was present.
A 2011 13 · gr (Art. 6a - 6c VRG)
Property Owners v. Municipality on Second Home Tax Procedural Violations
These articles determine the rules for disqualification that the Government, acting in its judicial capacity, must follow.
A 2011 13 · gr (Art. 6c VRG)
Property Owners v. Municipality on Second Home Tax Procedural Violations
The previous decision on the motion for disqualification against Council Member X was rendered in violation of this article because the affected member was present during deliberations.
R 2011 41 · gr (Art. 6c Abs. 1 lit. a VRG)
Improper Participation in Recusal and Permit Decisions
The court relied on this provision to find that the cantonal board committed an error by not deciding on the request for recusal in the absence of the concerned member, which led to the annulment of the decisions.