Act on Administrative Justice (VRG) - Cantonal Authorities (VRG)

1. This law applies to proceedings in administrative and constitutional matters before cantonal administrative and judicial authorities.

2. Special provisions in other enactments remain reserved.

3. Private individuals are equated with an administrative authority insofar as they make decisions in the fulfillment of public tasks assigned to them by the canton.

1. The general procedural principles as well as the provisions regarding clarification, correction, appeal, and enforcement apply to administrative procedures before regional and municipal authorities.

1. The authorities expedite the proceedings initiated with them and ensure their completion without delay.

1. The law determines the jurisdiction of the authorities. Deviating agreements between the parties are void.

2. The authorities shall examine their jurisdiction ex officio.

3. If an authority denies its jurisdiction, it shall transfer the matter to the authority deemed competent, notifying the parties.

4. If multiple authorities cannot agree on their jurisdiction, the joint superior authority shall decide. If there is no such authority, the conflict authority shall decide.

1. The authority shall, ex officio or upon application, issue the necessary procedural orders and provisional measures for the duration of the proceedings to protect the rights and interests in dispute of the parties involved.

2. In the case of a collegial authority, it is the responsibility of the chairperson or a member designated by them.

1. In the interest of an efficient proceeding, the authority may, through procedural order

a) consolidate proceedings for submissions filed separately concerning the same subject matter;

b) separate proceedings for submissions filed jointly by different parties or for submissions concerning different subject matters.

1. Persons who are required to make, prepare, or draft a decision must recuse themselves ex officio or upon request in proceedings where

a) they themselves; their spouses; partners in a registered partnership or de facto cohabitation; fiancés; relatives and in-laws up to the third degree; their adoptive, foster, or stepparents; and their adoptive, foster, or stepchildren are involved in the proceedings or otherwise have a direct interest in the outcome of the proceedings;

b) they have a particular friendship or enmity with a party, or with an injured or otherwise involved person in the proceedings;

c) they have a special duty or dependency relationship with a party, or with an injured or otherwise involved person in the proceedings;

d) they have participated in an official capacity in a decision of a lower instance in the same matter;

e) they have been heard as witnesses or consulted as experts;

f) they appear biased based on other circumstances.

2. Grounds for recusal according to Paragraph a continue to exist after the dissolution of marriage, engagement, registered partnership, or de facto cohabitation.

3. Grounds for recusal according to Paragraph d do not apply to municipalities.

1. If there is a ground for recusal, the affected person must immediately inform their superior or the chairperson.

2. If the ground for recusal pertains to the chairperson or an individual authority, the further procedure will be carried out by the deputy.

3. The parties can assert a ground for recusal within ten days from the time they become aware of it, to their superior or the chairperson. The facts justifying the recusal must be credibly demonstrated.

4. If the ground for recusal is only discovered with or after the decision, it must be asserted through legal remedies.

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.

1. Written procedural actions may be carried out in paper form or electronically in accordance with the provisions of this law.

2. Special provisions on electronic legal transactions in other enactments remain reserved.

1. Submissions may be made electronically if the authority is connected to a transmission system. Submissions in electronic form must be clearly attributable to the party and immutable.

2. The government may allow submissions outside of a transmission system in first-instance proceedings.

3. The government regulates

a) the recognized transmission systems;

b) the requirements for the secure attribution and immutability of the submission;

c) the permissible formats and the technical design of the transmission.

1. Time limits triggered by a notification, an official publication, or the occurrence of an event begin to run on the following day.

1bis. In the case of electronic delivery, the notification is deemed to have been made at the time of the first retrieval by the recipient or their representative from the transmission system, but no later than on the seventh day after delivery to their electronic delivery address.

2. If the last day of the time limit falls on a Saturday, a Sunday, or a publicly recognized holiday, it ends on the next working day.

3. Incorrect indications of time limits in a decision shall not result in disadvantages for the affected party.

1. Submissions must be delivered to a Swiss postal service, a Swiss diplomatic or consular representation, or to the competent authority during office hours no later than the last day of the deadline.

2. The deadline is also considered met if the submission has been made in a timely manner to an incompetent authority.

3. A payment to the authority is considered timely if, within the deadline

a) the amount has been delivered to a Swiss postal service, or

b) the payment instruction for immediate debiting of an account in Switzerland has been delivered to the bank or a Swiss postal service, and the amount has been credited to the authority within the usual banking period.

1. The relevant time for meeting a deadline is the moment when the authority's transmission system acknowledges receipt of the submission.

2. If the transmission system is unavailable, a current deadline is extended to the day following its restoration. If this day falls on a Saturday, a Sunday, or a legally recognized public holiday, the deadline ends on the next working day.

3. The party affected must credibly demonstrate the unavailability of the transmission system.

1. The authority may require a submission in physical form if the processing of an entry is technically not possible or documents are needed to verify authenticity.

2. The authority shall set a reasonable deadline for the party to submit, with the warning that otherwise the entry will not be considered.

1. Deadlines for legal remedies, as well as those explicitly designated as peremptory in the law or upon determination, cannot be extended.

2. Other deadlines may generally be extended once for sufficient reasons. The request must be submitted before the deadline expires.

1. Missed deadlines can only be reinstated if the party can demonstrate that it or its representative was unable to comply with the deadline due to an unavoidable obstacle.

2. The application for reinstatement must be submitted within ten days from the removal of the obstacle.

1. The facts of the case are to be investigated ex officio.

2. The parties involved in the proceedings are obliged to cooperate in ascertaining the facts of the case. The obligation to cooperate ceases if it would incriminate them criminally.

3. The authority shall collect the necessary evidence and is not bound by requests for ascertaining the facts of the case.

1. As evidence, the authority relies in particular on the following, in addition to the knowledge of its members

a) official records;

b) documents;

c) official reports;

d) questioning and communications from involved parties and informants;

e) visual inspections;

f) expert reports.

2. If these evidential means are insufficient to clarify the facts, authorities may, of their own accord or upon request, examine witnesses. This provision does not apply to municipal authorities.

3. The provisions of the Code of Civil Procedure regarding witness evidence and the right to refuse testimony apply mutatis mutandis.

1. Authorities and private individuals are obligated to release documents and records and to provide information.

2. Authorities are exempt from the obligation to release documents and provide information if doing so would endanger important public or legally protected private interests.

3. Private individuals are exempt from the obligation to release documents and provide information if they have a right to refuse testimony under the provisions of the Code of Civil Procedure.

4. The provisions of the Code of Civil Procedure regarding the production of documents and the right to refuse are applied mutatis mutandis.

1. If the collection of evidence endangers significant public interests or legitimate private interests worthy of protection, the authority shall order the necessary protective measures.

1. The parties may be represented by a competent person

a) in proceedings before administrative authorities;

b) in tax and social insurance disputes;

c) in other proceedings before judicial authorities with the approval of the chairperson upon a justified request in individual cases.

2. Legal representation by a person who is registered in the cantonal registry of attorneys or benefits from the freedom of establishment under the Federal Act on the Free Movement of Attorneys (BGFA) is possible in all proceedings.

3. The representative must provide proof of their authority to represent by a written power of attorney upon request by the authority.

1. The authority must give the party affected by a decision the opportunity to provide a written or oral statement.

2. It may particularly refrain from doing so if immediate action is necessary.

1. The parties involved in the proceedings have the right to inspect the files. The inspection of the files may be granted in electronic form.

1bis. For individuals registered in the transmission system, access to the files may be provided through this system.

2. Inspection may be refused to protect important public or legitimate private interests. Such a refusal must be justified.

3. If a decision is made to the detriment of a party based on files that the party cannot inspect, the detrimental content must be disclosed to them, and they must be given the opportunity to comment and submit evidence requests.

4. The government shall regulate the modalities and security requirements for electronic file inspection.

1. The parties involved in the procedure and their representatives must conduct themselves respectfully towards the authorities and each other and avoid any frivolous litigation and obstructionism.

2. The willful initiation or conduct of a procedure, as well as a gross violation of decorum towards authorities and other parties involved, shall be sanctioned by the authority deciding the matter with a reprimand or a fine of up to 1,000 francs.

1. To fully or partially resolve the proceedings, the parties may reach a settlement, provided they have the authority to dispose of the subject matter of the dispute or have a margin of discretion.

1. If, during the course of the proceedings, the legally relevant interest in issuing a decision on the matter is lost, particularly due to the withdrawal of requests, the revocation of the contested decision, or a settlement, the authority shall dismiss the proceedings as resolved.

2. The authority decides on the allocation of official and extrajudicial costs in the dismissal order if the parties do not reach an agreement on this matter.

3. Withdrawal, acknowledgment, and settlement are included in the dismissal order and thereby attain the effect of a legally binding decision.

1. The authority is free in the assessment of evidence.

1. Decisions must be reasoned and include a dispositive with the verdict and cost regulation, as well as instructions on the possibility and deadline for filing an ordinary appeal.

2. If the instructions on legal remedies are omitted, the appeal is permissible within two months from the notification of the decision.

1. Decisions shall be communicated in writing to the parties and, where required by law, to third parties.

2. The authority may require parties acting jointly to designate a common postal delivery address or an electronic delivery address on a transmission system.

3. If a party does not reside in Switzerland, the authority may require them to designate a person authorized to receive service within the country or to designate an electronic delivery address in the transmission system.

4. A decision may be published officially if

a) it cannot be delivered;

b) it is addressed to an indefinite group of people;

c) a party fails to comply with the request pursuant to paragraph 2 or 3;

d) it is provided for by law.

1. Decisions can be communicated in electronic form via a transmission system if the party or its representation is registered in the transmission system and has consented to electronic communication.

2. Decisions in electronic form must be securely attributable to the authority and immutable. They contain the names of the individuals acting on behalf of the authority.

3. The government regulates the modalities of electronic communication and consent.

1. A party may request the administrative authority to reconsider a decision.

2. The administrative authority is only obliged to reconsider its decision if reasons for revocation are credibly demonstrated.

3. Requests for reconsideration do not suspend the running of time limits.

1. The administrative authority may alter or revoke a final decision ex officio or upon request if

a) the factual or legal circumstances have changed in relation to the original basis of the decision, and

b) there are no overriding public or private interests opposing the revocation.

2. If a person who has made good faith arrangements in reliance on a decision suffers damage through the revocation without any fault of their own, they are entitled to compensation.

3. Specific statutory provisions regarding revocation and revision remain reserved.

1. The competent administrative authority issues a decision

a) ex officio, if this is prescribed by law or necessary to regulate a legal relationship;

b) upon application by a party, if the party has a legitimate interest in a decision.

2. If a decision is requested and the authority deems the prerequisites not to be met, it issues a decision of non-admission. This is subject to appeal in the same manner as an order.

1. The objection obligates the administrative authority to comprehensively review the contested decision and to decide on the matter again.

2. The objection is permissible where it is provided for by federal or cantonal law.

1. Decisions of an office or autonomous institutions of cantonal public law can be appealed to the superior department by means of an administrative complaint.

2. The administrative complaint is excluded when, according to the law, an objection or a direct appeal to the higher court is available.

3. Decisions of the departments and the state chancellery can be appealed to the government by means of an administrative complaint, if the law expressly provides for this.

4. Denials of justice and delays in justice, as well as real acts that interfere with the rights and obligations of individuals, are also considered decisions.

1. Procedural Orders and Provisional Measures as well as other Interim Decisions are only subject to appeal if they

a) result in a disadvantage for the affected party that cannot be remedied at a later date, or

b) are issued as independently appealable with the express purpose of potentially simplifying the procedure.

2. In proceedings before collegiate authorities, procedural orders and provisional measures can be appealed to them, subject to Paragraph 1.

1. The right to lodge an appeal is granted to anyone who is affected by the contested decision and has a legitimate interest in its annulment or modification, or to anyone who is authorized to do so by a specific provision.

1. The appeal may address

a) Procedural defects;

b) Defects in the contested decision, particularly incorrect application of the law and establishment of facts as well as improper use of discretion.

2. New assertions of fact and motions for evidence are permissible.

1. The appeal must be submitted in writing to the appellate authority within 30 days from the notification of the contested decision.

2. The period for challenging procedural orders and provisional measures is ten days.

1. Legal documents must be drafted in an official language and must include a petition and a statement of grounds. They must be submitted with the available evidence and the contested decision enclosed. Additional evidence must be specified precisely.

2. Legal documents in paper form must be signed and submitted in duplicate.

3. If a submission does not meet the legal requirements or is drafted in an inappropriate form, is illegible, or unnecessarily extensive, a reasonable deadline will be set to remedy the deficiency, with the warning that otherwise the submission will not be considered.

1. The appeal does not have a suspensive effect.

2. The authority may grant the appeal a suspensive effect ex officio or upon request in individual cases.

3. In a collegial authority, the chairperson or a member designated by them is responsible for this.

1. Persons involved in preparing the contested decision may not take part in the processing of the complaint.

2. Complaints to the government are processed by a department. This department issues the necessary precautionary and procedural orders ex officio or upon request.

1. The complaint shall be forwarded to the lower instance and any other parties concerned, who are granted a reasonable period to submit a written response.

2. An exchange of written submissions may be dispensed with if the complaint is manifestly inadmissible or unfounded.

3. If necessary, a further exchange of written submissions may be ordered.

1. If the appellate instance agrees to hear the case, it either decides on the matter itself or returns it to the lower instance with binding instructions for a new decision.

2. The appellate instance may amend the contested decision in favor or against the appellant party. If it intends to do the latter, it must give the parties an opportunity to comment and to withdraw the appeal beforehand.

1. Legal documents must be drafted in an official language and must include the claim, the facts of the case, and a rationale. They must be submitted along with the available evidence and the decision being contested. Additional evidence must be precisely specified.

2. Legal documents in paper form must be signed and submitted in duplicate.

3. If a submission does not meet the legal requirements, or if it is composed in an improper form, is illegible, or unnecessarily extensive, an appropriate deadline will be set to rectify the deficiency, with the warning that otherwise the submission will not be considered.

1. Legal documents and other submissions may be filed with the court electronically.

2. With the consent of the concerned parties, the court can deliver orders and decisions electronically.

3. In electronic legal transactions, the qualified electronic signature according to the Federal Act on Electronic Signatures must be used. Furthermore, the Ordinance on Electronic Transmissions in the context of civil and criminal proceedings as well as debt enforcement and bankruptcy proceedings applies accordingly.

1. Statutory and judicially determined deadlines are suspended

a) from the seventh day before Easter up to and including the seventh day after Easter;

b) from July 15 up to and including August 15;

c) from December 18 up to and including January 2.

2. Exempted from this are proceedings

a) that are declared urgent by a special order of the examining judge;

b) for which a different statutory regulation exists.

1. The instructing judge shall invite third parties, who are affected in their legitimate interests by the decision, to participate in the proceedings ex officio or upon request.

2. If the joined party participates in the proceedings, they shall have the same rights as the main parties. They may also be charged with costs.

3. By joining the proceedings, the decision shall also be binding on the joined parties.

1. The instructing judge may, at any stage of the proceedings, conduct a reference hearing aimed at achieving either a complete or partial agreement between the parties regarding the matter in dispute or the further proceedings.

1. Provisional and procedural orders may be appealed to the High Court within ten days.

1. The superior court generally decides with a panel of three judges.

2. It decides with a panel of five judges on

a) appeals against decisions of the government or the Grand Council;

b) appeals against legislative enactments;

c) legal questions of fundamental importance;

d) upon the order of the presiding judge.

3. It decides with a single judge when

a) the amount in dispute does not exceed 10,000 francs and a five-judge panel is not required;

b) a legal remedy is obviously inadmissible or obviously well-founded or unfounded.

4. Cases that are to be decided by a single judge according to paragraph 3 may be decided by a panel of three judges if the competent single judge orders it.

1. The Superior Court generally renders its judgment without a hearing, based on the records.

1. The chairperson may ex officio or upon application order a court hearing in which the parties and summoned individuals participate.

2. The summons to the court hearing must include a notice stating that failure to appear will be considered a waiver of the right to orally present one's own position.

3. The chairperson may require the parties, witnesses, or experts to appear in person.

1. The Chairperson shall preside over the court proceedings.

2. During the court proceedings, the matter in dispute shall be discussed with the parties involved, both in legal and factual terms. Each member of the adjudicating body may pose questions to the parties involved.

1. The High Court is also competent to answer preliminary questions that are essential for the determination of the main issue.

2. It may suspend the proceedings until the preliminary question has been decided by the competent authority in the ordinary course.

3. If part of the subject matter of the dispute is ready for decision, the court may issue a partial judgment.

1. The appellate court may deliver a judgment in its dispositive form without justification or with a brief justification. Each party may request in writing a fully reasoned judgment within 30 days from the communication of the dispositive. If no party requests a justification within the stipulated period, the judgment becomes final.

2. The parties must be informed about the possibility of requesting a judgment justification and the legal consequences thereof.

3. If a party requests a justification, the decision will be fully reasoned in writing and communicated in completed form to the parties. The time limits for legal remedies commence from this delivery.

1. The Superior Court adjudicates appeals against

a) Decisions made by municipalities, other bodies, and autonomous institutions under cantonal law, insofar as they cannot be contested before another authority or are final according to cantonal or federal law;

b) Decisions made by offices of the cantonal administration and non-autonomous institutions under cantonal law, insofar as cantonal law provides for direct appeal;

c) Decisions of cantonal departments, insofar as they are not final according to cantonal or federal law or cannot be contested before another authority;

d) Decisions of the government regarding public-law disputes, insofar as they are not final according to cantonal or federal law;

e) Decisions that cannot be reviewed by the government due to bias or other reasons contrary to the general provisions on jurisdiction;

f) * Decisions of recognized national churches and their parishes, insofar as they can be contested before the Federal Court, as well as administrative disputes assigned to the Superior Court by the national churches for adjudication;

fbis) * Supervisory decisions of the Judicial Court concerning members of the Judicial Court, and supervisory decisions of the Regional Courts;

fter) * Supervisory decisions of the Grand Council affecting members of the Grand Council, the government, the Judicial Court, the Regional Courts, and the cantonal Coercive Measures Court;

g) Decisions of other authorities, insofar as this is provided by law.

2. It adjudicates, as the cantonal insurance court, appeals against

a) Objection decisions and rulings in social insurance matters that are subject to appeal under federal law;

b) * Objection decisions and rulings in the area of health insurance and premium reductions, which are subject to appeal under cantonal law and do not concern the admission to activities at the expense of compulsory health insurance;

c) Objection decisions, rulings, and decisions in the area of family allowances, which are subject to appeal under cantonal law.

3. Decisions also include denial of justice and delay of justice, as well as real acts that interfere with the rights and obligations of individuals.

4. Procedural orders and provisional measures, as well as other interim decisions, are only contestable if they

a) Result in a disadvantage for the affected party that cannot presumably be remedied later, or

b) Are expressly issued as independently contestable, if this potentially simplifies the proceedings.

1. The right to lodge an appeal is granted to anyone who is affected by the contested decision and has a legitimate interest in its annulment or modification, or who is authorized to do so by a specific provision.

1. With the appeal, the following can be alleged

a) Legal violations including exceeding or abusing discretion;

b) Incorrect or incomplete determination of the legally relevant facts.

2. The parties may not expand the legal claims that they have made in the previous instance procedure.

3. New factual allegations and requests for evidence are admissible.

1. The appeal must be submitted in writing to the Higher Court within 30 days from the notification of the contested decision.

2. The deadline for challenging procedural orders and provisional measures is ten days.

3. For voting members of a corporation, the day of the resolution in meetings is considered the day of acknowledgment.

1. The appeal does not have a suspensive effect.

2. The instructing judge may, ex officio or upon application, grant suspensive effect to the appeal in individual cases.

1. The complaint shall be served to the opposing party and any other affected parties, setting a reasonable deadline for a written response.

2. An exchange of written submissions may be waived if the complaint is clearly inadmissible or unfounded.

3. If necessary, an additional exchange of written submissions may be ordered.

1. The lower court may amend the contested decision in accordance with the petitions of the appellant party until adjudication.

2. The amended decision shall be communicated to the higher court.

3. The higher court shall only address the complaint to the extent that it has not become moot due to the amended decision.

1. The High Court is bound by the motions of the parties, subject to differing statutory provisions.

2. If the High Court is not bound by the motions of the parties, it may alter a decision to the detriment of the appealing party or award more than what has been requested. In such a case, the parties must be given an opportunity to comment and to withdraw the appeal.

3. If the High Court sets aside the contested decision, it shall either decide the matter itself or remit the case for a new decision.

1. The Supreme Court shall adjudicate as a constitutional court appeals against

a) legislative enactments;

b) infringements on voting rights as well as elections and referendums;

c) final decisions of municipalities, other corporations, and autonomous institutions of cantonal law, as well as the Grand Council, the government, and the cantonal departments in public law disputes.

2. If a legislative enactment is subject to approval by the government or a department, the constitutional appeal against the enactment is permissible only after notification of the approval resolution.

3. The constitutional appeal is excluded to the extent that another cantonal legal remedy is available.

1. Appeals against legislative decrees may be lodged by anyone who could be affected in their legitimate interests by the application of the contested provision in the foreseeable future.

2. Appeals against infringements of voting rights, as well as elections and referendums, may be lodged by anyone who is entitled to vote in the relevant electoral or voting district.

3. Appeals concerning the violation of autonomy may only be lodged by the respective body corporate.

4. Moreover, appeals may be lodged by anyone who is affected by the contested decree or decision and has a legitimate interest in its annulment or amendment.

1. The complaint may allege

a) Violations of constitutional and political rights, as well as the principle of the precedence of superior law;

b) Violations of the autonomy of municipalities, regions, and other public-law entities, as well as national churches.

1. The complaint must be submitted in writing to the Higher Court within 30 days from the notification of the contested decision or from its official publication.

2. For complaints against interference with voting rights as well as elections and referendums, the period is ten days from the

a) notification of the complaint decision, or

b) discovery of the reason for the complaint, but no later than after the official announcement of the result of an election or referendum.

3. For eligible members of a corporation, the day of the assembly resolution is considered the day of acknowledgment. If there is an official publication, this shall determine the commencement of the period.

1. The Superior Court annuls the contested enactment or decision to the extent that it is unconstitutional or unlawful.

2. It simultaneously orders the appropriate publication of this decision.

3. Insofar as the constitutional violation cannot be remedied otherwise, the Superior Court issues the necessary orders.

1. Insofar as this section does not contain any provisions, the regulations concerning the administrative court appeal procedure shall apply.

1. The Higher Court adjudicates in lawsuit proceedings

a) constitutional and administrative law disputes between public law corporations and institutions that are on equal footing;

b) disputes arising from public law contracts;

c) compensation claims under the State Liability Act, insofar as no other authority is specified;

d) compensation claims arising from lawful actions of public law corporations and institutions, insofar as a legal basis exists and no other authority is specified;

e) financial claims from public service relationships, insofar as no other authority is specified;

f) constitutional and administrative law disputes that are assigned to the Higher Court for adjudication according to special provisions;

g) disputes involving recognized national churches or their parishes, insofar as they can be appealed to the Federal Court, or that are assigned to the Higher Court for adjudication by the national churches.

2. It adjudicates as an insurance court in lawsuit proceedings

a) disputes in the sense of Article 73 of the Federal Act on Occupational Old Age, Survivors', and Disability Pension Plans (BVG);

b) disputes in the sense of Article 85 of the Insurance Supervision Act (VAG) and Article 7 of the Swiss Civil Procedure Code.

1. The lawsuit is pending by filing with the Higher Court.

1. Insofar as this section does not contain any provisions, the regulations concerning the appellate procedure before the Higher Court are applicable.

2. If no provision can be derived from this law, the provisions applicable to civil proceedings shall apply accordingly.

1. The Judicial Court adjudicates ultimately on appeals against

a) Supervisory decisions of the Higher Court concerning members of the Higher Court;

b) Supervisory decisions of the Grand Council concerning members of the Higher Court;

c) Personnel decisions of the Higher Court concerning employees of the Higher Court;

d) Decisions of the Supervisory Commission;

e) Decisions of the Higher Court regarding requests for recusal, insofar as an appeal to the Federal Court necessitates a decision by a cantonal appellate authority;

f) Additional decisions, insofar as such is legally stipulated or required by Federal law.

2. The prerequisites for filing an appeal and the appeal procedure are governed by the rules that apply to the administrative judicial appeal procedure before the Higher Court.

1. The judicial court makes the final decision on jurisdictional conflicts between judicial bodies for which the law does not provide another resolution.

2. It is appealed to by a judicial body when there is agreement on the jurisdictional conflict.

1. In administrative court proceedings, the judicial court, as the sole cantonal instance, adjudicates claims for compensation under the State Liability Act that are assigned to it for assessment.

1. If a decision contains ambiguities or contradictions in the enacting terms or in the relationship between decisive considerations and the enacting terms, the parties can request an explanation.

2. If a decision contains editorial or computational errors that affect the enacting terms, the parties can request their correction. The authority may correct such errors ex officio.

3. The authority decides on requests for explanations and corrections based on a simple exchange of letters.

1. The authority that made the most recent decision shall revise final decisions ex officio or upon application if

a) the party subsequently discovers significant facts or evidence that could not have been presented in a timely manner;

b) a crime or misdemeanor influenced the decision;

c) a civil or criminal preliminary question assessed by the authority has been decided differently by the competent civil or criminal court;

d) the authority has overlooked significant facts, evident in the records, due to an oversight;

e) certain aspects of the legal request have not been addressed.

2. An application for revision must be submitted to the most recent instance within 90 days from the date the reason for revision became known. The instance may grant suspensive effect to the application.

3. After ten years have elapsed since the communication of the decision, a request for revision is only permissible based on paragraph 1, category b.

1. Subject of the Supervisory Complaint may be actions or omissions of administrative authorities, as well as corporations and institutions of cantonal public law, that are subject to supervision by the government.

2. The complaint is only admissible if the alleged legal violation cannot be challenged through legal remedies or actions before the Higher Court or the government.

1. A special interest is not required for the filing of the complaint.

1. The complaint is not subject to any time limit.

1. The supervisory authority addresses in its decision whether and to what extent regulatory measures are to be ordered.

2. The decision of the supervisory authority is final.

1. Parties may be charged the costs for proceedings that they have requested or initiated, insofar as the proceedings are not free of charge due to special regulations.

2. If several parties have jointly requested or initiated a proceeding, they are jointly and severally liable for the costs, unless the authority decides otherwise.

3. The cost regulation is made by the authority responsible for the main matter.

1. In appellate and litigation proceedings, the losing party generally bears the costs.

2. If there are multiple parties, they shall bear their costs in equal parts, unless the authority decides otherwise.

3. The appellate authority may decide on the allocation of costs for the proceedings before the lower instance when annulling a decision.

1. The authority may require a party applying, appealing, or filing a lawsuit to provide a security deposit for costs.

2. A reasonable deadline must be set for the party to provide the security deposit for costs.

3. If the party fails to provide the security deposit by the deadline despite being warned of the consequences of default, their request shall not be considered.

1. The procedural costs consist of

a) the state fee, which is levied for the utilization of the authority;

b) the fees for copies and notifications of the decision;

c) the disbursements.

2. The state fee amounts to a maximum of 20,000 Swiss Francs. It depends on the scope and complexity of the case, as well as the interest and economic capacity of the parties liable for the costs. In proceedings before the Higher Court, which entail particularly high expenses, the fee range increases to 100,000 Swiss Francs. If a fully reasoned judgment is waived, the state fee is appropriately reduced.

3. For proceedings before cantonal administrative authorities, the government regulates the fee rates for the state fee, the amount of the fees for copies and notifications, as well as the reimbursement of disbursements by regulation.

4. For proceedings before the Higher Court, the Higher Court regulates, and for proceedings before the Court of Justice, the Court of Justice regulates the amount of the fees for copies and notifications, as well as the reimbursement of disbursements by regulation.

1. The authority may, through procedural directive or with the decision on the main matter, grant a party who lacks the necessary means the right to conduct proceedings free of charge upon request, provided that their legal dispute is not obviously frivolous or clearly doomed to fail from the outset.

2. The granting of this right exempts one from all official costs and fees. The provisions concerning reimbursement remain reserved.

3. Where justified by the circumstances, the authority shall appoint a lawyer at its own expense. The compensation is determined in accordance with the legal provisions on attorneys.

4. Should the prerequisites cease to apply during the course of the proceedings, the authority may revoke the grant.

1. If a party litigates without cost, they are obliged to reimburse the waived amounts and the costs of legal representation if their income or financial situation has improved and they are able to do so. The claim of the canton for reimbursement becomes time-barred ten years after the decision becomes final.

2. The obligation for reimbursement is determined by the office designated by the government. This decision can be appealed to the High Court.

3. The tax administration provides the necessary data to the office responsible for asserting the reimbursement claims through a retrieval process. In the municipalities, the authority responsible for the reimbursement is entitled to access the necessary data through the tax office.

1. In appellate or legal proceedings, the losing party is typically required to reimburse the prevailing party for the necessary costs incurred due to the legal dispute.

2. The Federation, cantons, and municipalities, as well as organizations entrusted with public functions, are generally not awarded party compensation when they prevail within their official sphere of activity.

1. Decisions are enforceable as soon as no ordinary legal remedy is admissible or if the legal remedy does not have a suspensive effect.

2. The following are enforceable as if they were a final decision

a) settlements concluded before or approved by an authority;

b) decisions to dismiss a case;

c) provisional measures and procedural orders.

1. Administrative authorities execute their decisions themselves. They may delegate the execution to a subordinate authority.

2. The enforcement of an appeal decision is the responsibility of the authority that initially made the decision. If this authority fails to fulfill its obligation, or does so incorrectly, assistance from the appellate authority can be sought.

3. The enforcement of measures ordered or decreed by the Superior Court and the Judicial Court is the responsibility of the department in charge of justice.

4. Divergent provisions in other enactments remain reserved.

1. Decisions shall be enforced by

a) Debt enforcement in accordance with the Federal Act on Debt Collection and Bankruptcy, if they concern payment of money or provision of security;

b) Substitute performance at the expense of the obligated party, with costs to be determined by a specific decision;

c) Direct coercion against the obligated person or their property.

2. The criminal prosecution of an obligated person remains reserved, insofar as it is provided for in the law or has been threatened by the authority pursuant to Article 292 of the Swiss Criminal Code.

3. Before the authority orders substitute performance or direct coercion, a reasonable deadline must be set for the obligated person to fulfill the obligation, expressly indicating the consequences in the event of refusal. This setting of a deadline may only be waived if there is imminent danger.

4. The authority may not use any coercive measure that is more severe than the circumstances require.

1. Upon the enactment of this law, the following decrees are repealed

a) Law on Administrative Jurisdiction in the Canton of Graubünden dated April 9, 1967;

b) Law on Procedure in Administrative and Constitutional Matters dated October 3, 1982.

2. If existing decrees refer to provisions that are replaced by this law, the corresponding provisions of this law shall apply.

1. The amendment of laws is regulated in the appendix.

2. Insofar as Great Council ordinances that do not comply with the provisions of Article 32 paragraph 1 of the Cantonal Constitution contradict this law regarding terminology, legal remedy deadlines, or legal remedy guarantees, the Great Council may adjust them to this law by ordinance.

1. Insofar as the provisions regarding costs of this law do not apply, the following articles of the Act on Administrative and Constitutional Procedure of October 3, 1982, shall continue to apply until the corresponding legal provisions come into force

1. Art. 36

2. Art. 40

1. Pending procedures at the time this law comes into effect shall be concluded before the respective instance in accordance with the previous law.

2. The appealability and the appeal proceedings are subject to the new law if the appeal period has not yet expired at the time this law comes into effect.

3. The deadline for challenging legislative decrees begins upon the coming into effect of this law.

4. The limitation period for legal aid granted prior to the coming into effect of the partial revision of the Lawyers Act of October 21, 2008, begins to run upon the coming into effect of this law.

5. Proceedings pending before the Administrative Court at the time of the amendment of this law coming into effect will be transferred, upon its coming into effect, to the court competent according to the new law.

6. The provisions of Article 38a concerning electronic legal communication in proceedings before the Higher Court remain in force until the Federal Act on Platforms for Electronic Communication in the Judiciary (BEKJ) comes into effect and the platform Justitia.Swiss, based on it, is released for cantonal administrative procedures or administrative court proceedings. The government is authorized to determine the occurrence of the conditions. If this decision becomes legally binding, Article 38a and Article 85 paragraph 6 will automatically cease to be in force.

1. This law is subject to the optional referendum.

2. The government determines the date of entry into force.

3. Article 75 paragraph 4 only enters into force if the partial revision of the Cantonal Constitution of August 31, 2006, has been approved. If it is rejected, the provision shall read as follows: For proceedings before the administrative court, the government regulates the amount of fees for transcripts and notices, as well as the reimbursement of cash expenses, by ordinance.