Act on Administrative Justice (VRP) - Scope a) Principle (VRP)

1. This Act regulates

a)* the procedure before the administrative authorities of the state, the municipalities, and other public-law entities, in particular the special-purpose associations and municipal associations, as well as public-law institutions;

abis)* subject to the Act on Publicly Recognized Religious Communities of August 14, 2018, the procedure before the administrative authorities

1. of religious communities recognized as public-law entities and their church communities;

2. of the public-law institutions and public-law entities established by the entities mentioned in Item 1 of this provision, in particular the special-purpose associations and municipal associations of the church communities;

b) legal protection in administrative disputes.

2. Private individuals and private organizations are equated with administrative authorities insofar as they exercise public administrative powers.

1. This Act shall not apply insofar as federal decrees and cantonal laws contain differing provisions.

2. Divergent provisions of cantonal ordinances are permissible to the extent that a federal decree or a cantonal law refers the regulation of administrative procedures and legal protection in administrative disputes to the ordinance.

3. Equated with cantonal laws are the generally binding resolutions of the Cantonal Council and the legislative treaties approved by the Cantonal Council.

1. Disputes between administrative authorities regarding their jurisdiction shall be decided by the superior administrative authority.

2. Disputes between courts concerning their jurisdiction as organs of administrative legal protection shall be decided by the Cantonal Court. If the Administrative Appeals Commission, the Insurance Court, or the Administrative Court is involved, the Administrative Court shall decide.

3. If no authority considers itself competent, the decision on jurisdiction is to be initiated by the authority first approached. If multiple authorities consider themselves competent, the decision on jurisdiction is to be initiated by the authority that disputes the jurisdiction of the first approached or first acting authority.

1. If administrative authorities and courts cannot agree on their jurisdiction, the government and the cantonal court will decide by mutual agreement.

2. If the Administrative Appeals Commission, the Insurance Court, or the Administrative Court is involved, the government and the Administrative Court will decide by mutual agreement.

3. If the government and the cantonal court or the government and the Administrative Court cannot agree, the cantonal council will decide.

1. The administrative authorities and the courts, as organs of administrative justice, are obligated to provide mutual legal assistance.

2. The granting of information from tax files is decided by the competent department.

3. If disputes arise concerning legal assistance, Articles 3 and 4 of this law shall apply accordingly.

1. The local and subject matter jurisdiction of administrative authorities is determined by legislation. Agreements to the contrary are void.

2. Administrative authorities shall examine their jurisdiction ex officio.

1. Members of authorities, as well as public employees and officially appointed experts who issue orders, prepare such orders, or participate in them, must recuse themselves

a) if they themselves, their fiancés or spouses, their registered partners, their relatives by blood or marriage up to and including the third degree, their adoptive, foster, or stepparents, or their adoptive, foster, or stepchildren, the registered partner of a parent, or the children of the registered partner are personally involved in the matter. The reason for recusal due to affinity continues to exist after the dissolution of the marriage or the registered partnership;

b) if they are representatives, agents, employees, or organs of a person involved in the matter or have given instructions in the matter;

bbis)* if they have participated in an order from a lower authority;

c) if they appear biased for other reasons.

2. ...

1. The following entities decide on issues of disqualification

a) For members of a collegiate authority, the entire authority decides in the absence of the concerned member;

b) For the disqualification of the President of the Administrative Appeals Commission, the President of the Administrative Court decides;

c) For judges and court clerks of a court, its President decides;

d) For experts, the contracting agency decides;

e) In all other cases, the supervisory instance decides.

2. The deputy of the President responsible for the decision decides on the disqualification of that President.

3. An interim decision regarding disqualification can be contested with the legal remedy available in the main proceedings.

1. Natural and legal persons as well as associations of persons may participate in an administrative procedure.

2. If multiple parties to the proceedings or other participants do not designate a common delivery address, the authority may order delivery to one participant for the others' attention, or individual delivery upon request.

1. Capacity to Act in Administrative Proceedings is determined according to the Swiss Civil Code, unless public law specifies otherwise.

2. If a party or their representative is incapable of properly conducting the matter, the authority may require the appointment of legal counsel. If the request is not complied with, the Child and Adult Protection Authority may appoint legal counsel at the expense of the party.

1. The parties may have legal representation and, unless personal appearance is required, may be represented.

2. At the request of the authority, the representative must provide evidence of authorization with a written power of attorney.

1. Parties with a domicile or registered office abroad must designate a service address in Switzerland or appoint a representative with a domicile or business address in Switzerland.

2. If a party fails to comply with this obligation, communications are issued in the official publication organ, or the party is treated as absent without excuse.

1. Requests must be submitted in writing or recorded in the minutes upon the authority's request, accompanied by a brief justification.

2. Any evidence must be identified and included if possible.

3. Submissions made to an incorrect authority will be forwarded to the competent authority. The sender shall be notified accordingly. If the submission is timely made to an incorrect authority, the deadline is considered met.

1. Submissions and attachments may be submitted electronically if the authority has approved this form. The authority shall publish its address for electronic submissions on the Internet.

2. In the case of electronic transmission, the document containing the submission and attachments must be provided with a recognized electronic signature of the sender. The authority determines the format of the transmission.

3. The authority or the body commissioned by it may require that the submission and attachments be submitted subsequently in paper form.

1. The authority or the administrative body commissioned by it shall establish the facts and collect evidence ex officio by questioning the parties involved, informants, and witnesses; by consulting documents, official reports, and experts; by inspections; and by any other appropriate means.

2. If no special investigations are necessary to safeguard the public interest, only the evidence offered by the parties involved and the readily accessible evidence concerning significant facts shall be collected.

1. For the proof by party statements, witnesses, and experts, the provisions of the Swiss Civil Procedure Code of December 19, 2008, apply accordingly.

1. In tax matters, third parties are obligated to provide information and present documents only to the extent that specific provisions of tax legislation require it.

1. Persons and authorities against whom a submission is directed shall be given an opportunity to comment if the submission is not obviously inadmissible or unfounded.

2. Orders that significantly burden are only permissible if the affected parties are aware of the essential facts and have had the opportunity to comment. This does not apply to the assessment of taxes, duties, and fees.

3. These provisions do not apply when an immediate order is necessary due to danger.

1. If the authority, the parties involved, and third parties cannot reach an understanding as required for the preservation of the right to be heard, the authority or the agency appointed by it shall involve a translator or another suitable auxiliary person.

2. The provisions regarding experts shall be applied accordingly.

3. Oral statements may be replaced by written ones in such cases.

1. The parties shall have the right to inspect the files, unless significant public interests or legitimate private interests oppose such inspection.

2. The denial of inspection must be briefly justified in the records. The essential content of a document, for which inspection is denied, must be communicated insofar as it is possible without violating the interest to be protected.

3. ...

1. The authority shall set reasonable deadlines for the parties involved to cooperate.

2. If the deadlines are not met, the authority may proceed regardless of the defaulting parties, provided it has issued a warning to that effect.

1. The authority may take precautionary measures to preserve the state or to secure threatened legal interests.

2. For the government, the competent department makes the decision, for the other collegial bodies, the chairman decides.

1. The parties may present new requests and refer to new facts, evidence, and regulations until the conclusion of the proceedings.

1. For collegial authorities, the chairperson or a designated body may issue procedural orders.

1. The authority makes its decision based on the facts of the case and the relevant regulations.

2. It is not bound by the requests of the parties involved.

3. It evaluates the evidence according to its free conviction.

1. Collegial Authorities are quorate when the majority of members are present. If substitute members are legally provided for, the authority must be fully staffed.

2. A valid resolution requires the approval of the majority of those present. The chairperson has a vote. In the event of a tie, the motion for which the chairperson votes is adopted.

3. The rules of procedure may provide for circular resolutions.

1. In cases that do not allow for delay and in which the full authority cannot be convened in a timely manner, the chairperson shall decide in its place.

2. The chairperson is required to report on this matter at the next meeting of the full authority.

1. The order shall contain

a) the facts, the regulations, and the reasons on which it is based;

b) the legal ruling of the authority;

c) the determination of costs and the obligation to bear them;

d) the instruction on the permissible ordinary legal remedy, the period and the instance. If a summons date or a deadline was missed, the instruction also pertains to the reinstatement;

e) the dates of the order and the delivery.

2. Reserved are deviations in non-written procedures and, when an ordinary legal remedy is available, deviations from paragraph 1 letter a in matters where similar orders are issued in large numbers.

1. The decision is to be communicated to the affected parties. Third parties whose own legitimate interests are affected by the decision are also considered affected parties.

2. The decision must be communicated in writing, except in cases of urgency or when a matter is resolved immediately in the presence of the affected party.

3. If the decision is communicated orally, the affected parties may request a written communication within five days.

1. Orders are served by publication in the official gazette if the person concerned has an unknown whereabouts and has no representative with a domicile or registered office in Switzerland, or if the person has a domicile or registered office abroad and has not designated a service address.

2. If the same order is directed at a large number of persons or at persons not individually identified, it must be served by public announcement.

1. With the written consent of the party involved, deliveries may be made electronically.

1. Requests for reconsideration are permissible, but do not entitle the applicant to a statement from the authority on the matter and do not suspend the running of deadlines.

2. The request for reconsideration is submitted to the authority that has original jurisdiction over the matter.

1. Orders may be amended or revoked by the issuing authority or by the supervisory authority if the revocation does not impose a burden on the persons concerned or if it is warranted by significant public interests.

2. If a person who has made expenditures or arrangements in good faith relying on the revoked order suffers damage as a result of the revocation, they are entitled to fair compensation, provided they are not at fault for the revocation. The claim is directed against the public entity whose organ issued the revoked order.

3. Orders regarding taxes, which cannot be contested or can no longer be contested through ordinary legal remedies, cannot be revoked. However, amendments to the order due to culpable non-payment of a tax, in proceedings for reopening under Articles 81 et seq. of this law, and in revision proceedings under Article 197 of the Tax Act, are reserved.

1. If an order is revoked or if its legal effect is not or is no longer valid for any other reason, the authority can demand the return of documents or other items that were intended to prove rights from the order or to exercise such rights, without compensation.

2. If a legitimate interest in the protection of such documents or other items is credibly demonstrated, they can be returned once the authority has marked them as invalid.

1. Unless otherwise specified in this decree, the provisions of the Swiss Code of Civil Procedure of December 19, 2008, regarding judicial summons, the form of service, time limits, and restoration shall apply accordingly.

2. Court holidays do not apply

a) in proceedings before administrative authorities;

b) in appeal proceedings under the Introductory Act to Federal Legislation on Child and Adult Protection Law of April 24, 2012;

c) in appeal proceedings under the Introductory Act to Legislation on Public Procurement;

d)* in cases declared urgent by the presiding judge;

e)* in appeals and complaints procedures under the Tax Law of April 9, 1998;

f)* in proceedings under Art. 60 of this law.

3. The parties shall be informed of the exceptions under paragraph 2, letters b to f of this provision.

1. Statutory deadlines have the consequence of forfeiture if they are not observed, unless otherwise provided by law.

1. Except as provided in Art. 148 para. 1 of the Swiss Civil Procedure Code of December 19, 2008, restoration may also be ordered if the opposing party agrees.

2. The following may be appealed

a) the decision on restoration concerning a final or partial decision according to the regulations applicable to said decision;

b) the decision on the restoration of a deadline for an appeal according to the regulations applicable to the decision on the appeal.

1. A verbal or written reprimand or a regulatory fine of up to CHF 1000 will be imposed on anyone who, as a party involved, representative of a party, or third party

a) has initiated or conducted the proceedings frivolously;

b) violates legal regulations or directives of the authority or the organ appointed by it during the proceedings;

c) violates decorum and decency during the proceedings.

2. The authority before which the proceedings are pending is responsible for enforcement.

3. The fines accrue to the community whose authority has imposed them.

1. The government issues supplementary regulations concerning electronic transmission by ordinance.

1. In administrative disputes, the following shall decide

a) the highest administrative authority of a public-law corporation or an independent public-law institution;

b) the Administrative Appeals Commission and the Insurance Court;

c) the government;

cbis) the department;

d) the Administrative Court;

e) the single judge of the district court, the district court, and the cantonal court.

1. The President directs the affairs of the court.

2. If the court is divided into divisions or chambers, the powers of the President are vested in the Division or Chamber President.

3. If the President is unable to perform his duties and no deputy is available, he is represented by the most senior judge, or if necessary, by a substitute judge.

1. The President may delegate his powers to a member of the court during the proceedings.

2. He himself conducts the main and final hearings.

1. Submissions shall be filed in the necessary number so that the court and the parties each receive a copy.

2. Missing copies may be produced by the court registry at the expense of the submitter.

1. Requests and justifications shall be restricted to the essential.

2. The presiding judge may reject submissions that are verbose or violate decency and propriety, and may threaten non-consideration if the deficiencies are not rectified within the set deadline.

3. Reserved is the imposition of costs or a sanction.

1. To render a verdict, the court must be complete.

2. Abstention from voting is not permitted.

1. If the composition of the court changes during the proceedings, this must be communicated to the parties involved.

2. The proceedings must be repeated upon request or ex officio, insofar as it is in the interest of the parties involved.

1. The court may decide by circulation, if the law does not require a hearing and the rules of procedure provide for it.

a)* ...

b)* ...

2. Decisions made by circulation require the unanimity of the judges and must be designated as such.

1. The President may order

a)* Non-admission

1.* for submissions that are obviously late or for other reasons clearly inadmissible;

2.* for submissions that obviously lack sufficient reasoning;

3.* for vexatious or abusive submissions;

b) Termination of proceedings if neither a judgment nor a decision of non-admission is to be rendered.

2. The reasoning of the order is limited to a brief statement of the reason for the non-admission or the termination of the proceedings.

1. The court may publish decisions of general interest in an appropriate manner.

2. The court publishes decisions of fundamental importance.

3. The names of the parties involved are generally not mentioned.

1. The president and the court clerk sign the decisions of the court.

2. If the president or the court clerk is unable to sign, a judge who participated in the decision may sign on their behalf.

3. For electronic delivery, the electronic signature of the court is sufficient.

1. Orders of lower instances of a public law corporation or an autonomous public law institution can be appealed to the highest administrative authority of a corporation or institution.

2. Municipalities can determine by regulatory ordinance that orders and decisions of lower instances can be directly appealed to the cantonal appeal instance.

1. The Administrative Appeals Commission can be challenged with an appeal

a)* ...

b) Employee Protection

1. Orders from the authorities responsible for enforcing the Federal Labor Law concerning the applicability of the law, working and rest periods, special protection for young and female employees, and company regulations;

2. Orders from the authority responsible for enforcing the Federal Law on Home Work;

c) Vocational Education: Orders from the Office of Vocational Education towards training companies and apprentices;

d) Agriculture

1. Orders and objection decisions from the authority responsible for enforcing the Federal Law on Agricultural Leases;

2. Orders pursuant to Articles 80 and 86 of the Federal Law on Rural Land Law;

3. Orders from authorities responsible for implementing regulations on investment credits, structural improvement contributions, and operational assistance in agriculture;

4. Objection decisions from the Land Improvement Commission under Article 47 of the Land Improvement Act;

e) Assessments

1. Decisions of the competent municipal authority or the Assessment Commission in the cost allocation procedure under the Road Act;

2. Orders and decisions of the competent authority of the municipality or the canton or the Assessment Commission in the cost allocation procedure under the Water Construction Act;

3. Orders and decisions of the Assessment Commission according to the law on the land improvement of the Rhine plain and the establishment of a job creation account;

4.* Orders and decisions of the competent authority in land consolidation and boundary adjustment pursuant to Art. 51 para. 2 let. b and Art. 52 of the Planning and Building Act;

f)* ...

g) Public Service Duties

1. Orders from the Fire Protection Commission concerning the duty of fire service or replacement tax obligation;

2. Orders from the Fire Protection Commission concerning the wind and fire watch duty;

3. Orders from the authority responsible for determining the water defense duty;

gbis) Road Traffic: Orders from authorities responsible for enforcing the provisions of road traffic legislation on vehicles and drivers;

h) Taxes

1. Orders or, where an objection procedure is provided, objection decisions from tax assessment authorities, including orders or objection decisions on tax allocations;

2. Objection decisions of the cantonal tax office concerning tax collection and default interest;

3. Decisions of the municipal council concerning the assessment for replacement fire service;

4. Objection decisions of the military service replacement administration;

5. Independent orders and decisions of the highest administrative authority of a public-law corporation or an independent public-law institution regarding fees, charges, contributions, and other public-law monetary payments of individuals as well as public-law security services and refunds of individuals;

6. Orders from the competent department regarding perimeter contributions to the Rhine company;

7.* Orders from the competent department on the contributions of municipalities under the Linth Law;

i)* ...

j)* Data Protection: Orders from the Data Protection Office.

1. Appeals to the Administrative Appeals Commission

a)* Decisions of the Departments in the following matters

1. Granting and denial of licenses for professional practice;

2. Disciplinary measures against medical professionals;

3.* ...

abis)* Decisions of the Departments, the State Chancellery, and the Head of Parliamentary Services concerning the provision of information and access to official documents according to the Public Access Act of November 18, 2014[19];

b) Orders and decisions for which the government, unless special legal provisions provide otherwise, stipulates by regulation the possibility of appeal to the Administrative Appeals Commission.

1. Appeals against orders of the Child and Adult Protection Authority as well as orders pursuant to Article 439 of the Swiss Civil Code of December 10, 1907, can be filed with the Administrative Appeals Commission.

1. The following can be appealed to the Insurance Court

a) Decisions and rulings on objections that can be contested according to the Federal Law on the General Part of Social Insurance Law;

abis) Rulings on objections by the Social Insurance Institution concerning extraordinary supplementary benefits;

ater) Decisions and rulings by the Municipal Council regarding parenting contributions and the advance of maintenance payments;

b) ...

bbis) ...

bter) Rulings on objections by the Social Insurance Institution of the Canton of St. Gallen regarding premium reductions for insured persons in modest economic circumstances;

c) ...

d) ...

e) Decisions and rulings for which the government, unless special legal provisions oppose, provides by regulation the possibility of appeal to the Insurance Court.

2. It is the higher court when federal law prescribes a single cantonal judicial instance.

1. Unless an appeal can be made to the Administrative Appeals Commission, the Insurance Court, or the Government, the following can be contested with an appeal to the competent department

a)* Orders and decisions of the highest administrative authority of a public-law entity or an independent public-law institution, excluding the Board of Directors of the Building Insurance and the Cooperative Body of E-Government St.Gallen (eGovSG);

b)* Orders and decisions of the administrative authorities of the state, excluding the Education Council, the University Council, the Council of the St.Gallen University of Teacher Education, and the Health Council.

2. The head of the competent department

a) may issue general or case-specific directives for the processing of appeal procedures;

b) assesses the grounds for appeal according to Art. 46 of this law;

c) may participate in negotiations or evidence gathering if

1. a change in practice is considered;

2. a legal question of fundamental importance arises;

3. cases of significant importance are to be decided that have considerable impacts on public or private interests;

d) takes a position in the appeal procedure.

3. The government issues regulations through ordinances for the uniform processing of appeal procedures, in particular regarding the collection and amount of advance payments for costs, the amount of decision fees, the awarding and amount of extrajudicial compensations, deadlines, procedural orders, maintenance of case statistics, as well as the uniform application of the provisions on disqualification according to Art. 7 of this law.

1. The appellant may, provided that the other parties agree, waive the appeal decision of the competent department and request that the dispute be referred to the Administrative Court as a complaint.

1. Precautionary Measures and Enforcement Measures by Administrative Authorities, including the Threat of Coercive Enforcement, are Appealable to the Appeals Instance Competent in the Main Matter.

2. For the government, the competent department makes the decision; for other collegial authorities, the chairperson does.

3. Decisions on enforcement measures are final.

1. The right to file an appeal is granted to anyone who demonstrates a legitimate interest in the amendment or revocation of the order or decision.

2. To safeguard public interests, the right of appeal is also granted to the competent authority of a public-law corporation or an autonomous public-law institution.

1. An appeal may be brought on any grounds against the contested order or decision, particularly on the grounds of the issuing authority's lack of jurisdiction, violation of essential formal and procedural regulations, incorrect or incomplete determination of the facts, as well as the illegality and the unsuitability of the content of the order or the decision.

2. In matters relating to the autonomy of a public-law corporation or an independent public-law institution, the appellant before the cantonal appeal body may not invoke the unsuitability of the order or decision. Exceptions are matters in which a corporation or an institution receives state contributions.

3. New applications are admissible.

1. The appeal may be submitted within fourteen days from the notification of the order or decision.

2. Appeals against interim measures and enforcement measures must be filed within five days.

3. An incorrect legal remedy instruction does not result in any disadvantage to the affected parties.

1. The appeal must be submitted in writing to the appellate authority. It must include a petition, a presentation of the facts, and a statement of reasons. It must be signed.

2. If the petition, presentation of the facts, statement of reasons, or signature is missing, the appellate authority or an organ commissioned by it shall request the appellant to supplement the appeal within a specified deadline. The supplement can be recorded in the minutes.

3. The request to supplement must include a warning that if the deadline is not used, the appeal will not be entertained.

**1.** The appeal must include the contested order or decision along with any relevant evidence. If this is not possible, they should be specified.

**2.** If the appeal does not meet these requirements, the appeals body or an organ appointed by it shall request the appellant, within a set deadline, to subsequently provide the order or decision and the evidence.

**3.** The request for subsequent provision must include a warning that if the deadline is not met, a decision will be made based on the records.

1. The appeal has a suspensive effect unless the lower court orders enforceability for important reasons.

2. The appellate authority may issue a contrary order. For the government, the competent department makes such an order, while for other collegiate authorities, it is the chairman who does so.

1. The appellate instance may determine the extent of the suspensive effect and declare separable parts of the order, which are not contested, as legally binding.

2. For the government, the competent department decides, and for the other collegiate bodies, the chairperson.

1. The lower court is obligated to transfer the files.

1. The lower court and the affected parties shall be given the opportunity to submit a statement if the appeal is not clearly inadmissible or unfounded.

1. The appellate instance attempts an amicable settlement in suitable cases.

1. An oral hearing shall be ordered if it is necessary to protect the parties' rights or if it appears expedient.

2. Court proceedings pursuant to paragraph 1 of this provision and any possible oral announcement of the decision are public.

3. The public may be excluded entirely or partially if required by the public interest or the legitimate interest of a party involved.

1. The presiding officer ensures the orderly conduct of the proceedings. He may expel third parties and, in the event of serious or repeated disturbances, also parties involved or their representatives from the proceedings.

2. If the safety of persons or property appears to be endangered, he arranges for police protection and, if necessary, the search of persons and property.

1. The appellate instance decides without being bound by the requests of the parties involved.

2. It may remand the matter to the lower instance for a new decision. The lower instance is bound by the legal view on which the remand decision is based.

1. If the appeal is withdrawn or otherwise becomes irrelevant, it shall be dismissed.

2. For the government, the competent department decides, and for other collegiate authorities, the chairperson or an authorized body.

1. To the extent that this section does not provide otherwise, the appeal is governed accordingly by the provisions of the second part of this law regarding the procedure before the administrative authorities.

2. Petitions for reconsideration are not permissible against decisions of the Administrative Appeals Commission and the Insurance Court.

1. The Administrative Court adjudicates appeals against decisions of the Administrative Appeals Commission and the Insurance Court. The appeal is inadmissible

a) against decisions of the Administrative Appeals Commission in child and adult protection law;

b) when the Insurance Court has acted as a higher court.

2. A full-time or part-time member of the Administrative Court adjudicates appeals against decisions of the Administrative Appeals Commission and, insofar as it is not acting as a higher court, the Insurance Court regarding legal aid and legal representation, as well as official defense. The appeal is inadmissible against decisions of the Administrative Appeals Commission on legal aid and legal representation in child and adult protection law.

1. If no regular appeal to an administrative authority or an independent federal commission or the Federal Administrative Court is available, the Administrative Court shall adjudicate complaints against rulings and decisions of the government, the departments, the Primary School Appeals Board, the Education Council, the University Council and the Appeals Commission of the University of St. Gallen, the Council of the University of Teacher Education St. Gallen, the bodies of the Eastern Switzerland University of Applied Sciences, the Board of Directors of the Building Insurance, the Cooperation Committee of E-Government St. Gallen (eGovSG) and the Health Council, as well as the highest authorities of religious communities recognized as public law corporations.

2. The complaint is inadmissible

a) In the following matters

1. State supervision, unless a violation of autonomy is asserted;

2. ...;

3.* ...

3bis.* ...

4.* Elections and appointments with a predominantly political character;

5. ...;

6. ...;

7. ...;

b)* Against decisions

1.* Of the highest authorities of religious communities recognized as public law corporations in religious matters according to Article 109 paragraph 2 of the Cantonal Constitution of June 10, 2001, in conjunction with Article 2 paragraph 1 of the Law on Publicly Recognized Religious Communities of August 14, 2018;

2. ...;

3. ...;

4.* ...

3. A full-time or part-time member of the Administrative Court shall adjudicate complaints against rulings of the competent department concerning legal aid and legal representation.

1. A full-time or part-time member of the Administrative Court shall adjudicate

a) Appeals against provisional measures, against orders concerning suspensive effect, and against enforcement measures, including the threat of enforcement coercion by the Insurance Court, the Administrative Appeals Commission, as well as by the government and the departments, if the main issue can be contested before the Administrative Court;

b) Applications concerning the ordering of suspensive effect.

1. The government is entitled to lodge an appeal if an order or decision of a state administrative authority has been revoked or amended.

1. With an appeal to the administrative court, legal violations can be asserted.

2. The appellant may also claim that the contested order or decision is based on an incorrectly or incompletely determined set of facts.

3. New requests are inadmissible.

1. The parties involved shall be given the opportunity to comment on the results of the evidence proceedings.

1. The administrative court may not exceed the requests of the appellant and may not alter the contested order or decision to the appellant's detriment.

1. Unless otherwise specified in this section, the complaint is governed accordingly by the provisions concerning appeals and, additionally, by the provisions of the second part of this Act regarding procedures before administrative authorities.

1. The Insurance Court adjudicates

a) Disputes according to Article 57 paragraphs 3 and 6, as well as Articles 59 and 89 of the Federal Law on Health Insurance;

abis) Disputes according to Articles 55 and 57 of the Federal Law on Accident Insurance;

b) Disputes according to Article 26 paragraph 4 of the Federal Law on Disability Insurance;

c) Disputes according to Article 27 of the Federal Law on Military Insurance;

d) Disputes between Family Compensation Funds;

e) Disputes arising from public-law insurance for authority members and public employees;

ebis) Disputes according to Article 73 of the Federal Law on Occupational Retirement, Survivors', and Disability Pension Plans;

f) Further disputes for which the government, unless specific legal provisions oppose, provides for the possibility of a complaint before the Insurance Court by ordinance.

2. It is the highest court when federal law mandates a single cantonal court instance.

1. The lawsuit before the insurance court is, as appropriate, governed by the provisions concerning the appeal, insofar as this section does not determine otherwise.

1. If the claim is directed against a public entity, legal action may only be initiated once the highest administrative authority responsible for the matter within the public entity has rejected the claim.

1. The parties shall be given the opportunity to comment on the results of the evidence procedure.

1. Decisions of the Insurance Court can be appealed to the Administrative Court within fourteen days. An appeal is inadmissible if the Insurance Court has made a decision as the higher court.

1. The Administrative Appeals Commission adjudicates

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| a)**\*** | Claims arising from public law contracts and employment law actions pursuant to [Art. 79](https://www.gesetzessammlung.sg.ch/data/143.1/de/art79) and [80](https://www.gesetzessammlung.sg.ch/data/143.1/de/art80) of the Personnel Act of January 25, 2011[[26]](#enumeration_itemtext_content_fn_261216_2_26_c) and [Art. 6](https://www.gesetzessammlung.sg.ch/data/171.0/de/art6) para. 3 of the Act on Publicly Recognized Religious Communities of August 14, 2018[[27]](#enumeration_itemtext_content_fn_261216_2_27_c); | | |

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| abis)**\*** | Financial claims from employment relationships established by decree in municipalities and in religious communities recognized as public law corporations. Claims by employees from public law insurance are excluded; | | |

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| b) | Public law disputes in other matters where neither an order can be issued nor a complaint can be filed with another instance. | | |

1. The action before the Administrative Appeals Commission is, as a matter of principle, governed by the provisions regarding appeals, unless this section specifies otherwise.

2. If the claim is directed against a public entity, the action may only be brought once the highest competent administrative authority of the entity has rejected the claim.

3. The parties shall be given an opportunity to comment on the outcome of the evidence procedure.

1. Decisions of the Administrative Appeals Commission in complaint cases can be appealed to the Administrative Court within fourteen days.

1. The Civil Judge adjudicates

a) public law compensation claims against the state, public law corporations, or institutions;

b) ...

c) other public law disputes that are assigned to the civil judge by specific statutory provision.

1. The public law action before the civil judge is governed by the provisions of the Swiss Civil Procedure Code of December 19, 2008, and the Introductory Act to the Swiss Civil Procedure Code of June 15, 2010.

2. The administrative court adjudicates public-law disputes for which federal law prescribes a single cantonal judicial authority for adjudication. The assignment to the insurance court pursuant to Art. 65 lit. f of this law remains reserved.

1. The Administrative Court adjudicates personnel-related lawsuits arising from employment relationships at the Eastern Switzerland University of Applied Sciences.

1. The Administrative Court adjudicates claims for the structuring of employment contracts pursuant to Article 16, paragraph 3 of the Personnel Act of January 25, 2011.

1. The lawsuit before the administrative court follows, as appropriate, the provisions concerning the appeal.

2. If the claim is directed against a public entity, the lawsuit can only be filed once the highest administrative authority responsible in the matter within the public entity has rejected the claim. In lawsuits concerning the formation of employment contracts, the supervisory authorities as per Art. 43 of the Court Act of April 2, 1987, and Art. 22 of the Introductory Act to the Swiss Criminal Procedure Code and Juvenile Criminal Procedure Code of August 3, 2010, shall replace the highest administrative authority.

1. The reopening of the proceedings against orders and decisions may be requested on the grounds that

a) the order or decision was influenced by deceit or a criminal act;

b) the authority was in manifest error concerning decisive facts;

c) the authority did not know essential facts or evidence that existed at the time the order or decision was issued.

2. A request for reopening will only be entertained if the reasons cannot be asserted through an ordinary legal remedy and doing so would have been impossible with reasonable diligence.

1. An application for reopening shall be decided by the instance that issued the order or decision.

2. Their decision can be appealed to the competent appellate authority within fourteen days.

1. The application for reopening can be submitted within three months after the petitioner becomes aware of the grounds for reopening, but no later than ten years from the issuance of the order or decision.

2. The application for reopening, which claims that the order or decision was influenced by fraud or a criminal act, is not subject to any time limit.

1. A request for reopening and the contestation of decisions in this regard only has suspensive effect if it is ordered by the instance called upon.

2. For the government, the competent department decides, and for the other collegial authorities, the chairperson decides.

1. If an affected party has a legitimate interest in the maintenance of the order or decision, the authority may only amend or revoke the order or decision if more legitimate interests require it. The authority shall endeavor to achieve a balance of interests, taking all circumstances into account.

2. Article 28, paragraph 2 of this Act shall apply accordingly.

1. Unless otherwise specified in this section, the provisions regarding appeals or complaints shall apply mutatis mutandis to motions for retrial and the contestation of decisions regarding them.

1. In proceedings concerning a public-law lawsuit before the civil judge, the reopening of the procedure is governed by the provisions of the Swiss Civil Procedure Code of December 19, 2008, relating to revision.

1. Objection for denial of justice may be lodged insofar as no ordinary legal remedy is available or pending.

2. With the objection for denial of justice, it may be claimed that an authority

a) refuses to perform a prescribed official act or unjustifiably delays it;

b) abuses its official power or is guilty of a criminal act or omission;

c) otherwise acts arbitrarily in the exercise of its powers.

1. On Legal Denial Complaints Against

a)* lower instances of a public-law corporation or institution, the highest administrative authority of the corporation or institution shall decide;

b) lower administrative authorities of the state or the highest administrative authorities of a public-law corporation or institution, the competent department shall decide;

c)* departments, administrative appeals commission, or insurance court, insofar as it is not competent as the higher court, the administrative court shall decide;

cbis)* the data protection authority, the administrative appeals commission shall decide;

d)* ...

2. May be Appealed

a)* the decision under Para. 1 Letter a of this provision can be appealed to the competent department;

b)* the decision under Para. 1 Letter b and Letter cbis as well as Para. 2 Letter a of this provision can be appealed to the administrative court.

1. The complaint for denial of justice is admissible within thirty days after the party concerned has become aware of the grounds for the complaint.

2. The complaint alleging the unjustified delay of an official act is not subject to any time limit.

1. Appeals against denial of justice and challenges to decisions regarding such denials only have suspensive effect if ordered by the appellate authority.

2. For the government, the competent department makes the decision; for other collegiate authorities, the chairperson decides.

1. Unless otherwise specified in this section, the provisions concerning the appeal or complaint apply mutatis mutandis to the complaint regarding the denial of justice and the contestation of decisions thereof.

1. In proceedings of public law action before the civil judge, the complaint of denial of justice is governed by the provisions of the Swiss Code of Civil Procedure dated December 19, 2008, concerning the complaint.

1. A full-time judge of the Administrative Appeals Commission is the judicial authority for enforcement measures in immigration law.

2. He can assign cases to members of the Administrative Appeals Commission.

1. If the legal decision is unclear, incomplete, or contradictory, the authority or the court shall clarify it upon request or ex officio.

1. The request for clarification must be submitted in writing. It specifies the contested points of the legal ruling.

2. The opposing party is given the opportunity to comment if the request is not obviously unfounded.

3. The authority or the court decides without a hearing.

1. Obvious errors in a decision, such as typographical mistakes, calculation errors, or incorrect designation of the parties, shall be corrected by the authority or the court, in the case of a panel, by the chairperson, without further formality.

1. The refusal of the clarification can be appealed using the same legal remedy as the decision for which the clarification is requested.

2. If the authority or court grants the request, the decision will be reissued.

1. Legal Protection Against Coercive Measures in Immigration Law is Governed Appropriately by the Provisions on Appeals.

1. Any individual who causes an official act for their own benefit or through their conduct is required to pay the stipulated fee. Additionally, they may be obliged to reimburse the out-of-pocket expenses of the authority.

2. The decision regarding costs shall be made by the authority responsible for the main matter.

1. In disputes, the party whose request is wholly or partially dismissed shall bear the costs.

2. Costs incurred by a party, their legal counsel, or representative through frivolous conduct or other improper behavior, or by violating essential procedural rules, shall be borne by them. Furthermore, each party, their legal counsel, or representative shall assume the costs arising from subsequently presenting requests, facts, or evidence that could have been reasonably and timely asserted.

3. Official costs are generally not charged to the public entity unless it primarily pursues financial interests.

1. The authority may demand an advance payment of costs.

2. If the affected party does not comply with the request despite being informed of the consequences of default, the procedure may be discontinued, or the requested official action may be omitted, unless public interests oppose this.

1. Multiple parties liable for fees for the same official act are jointly and severally liable, unless the authority decides otherwise.

1. If the circumstances justify it, the authority may waive advance payments and the collection of official fees.

1. No official fees shall be charged

a) in appeal proceedings concerning custodial measures if the affected person is in unfavorable economic circumstances;

b)* in cases and appeals related to personnel law up to a dispute value of CHF 30,000;

c)* in the approval procedure concerning the establishment of facilities for the generation of new renewable energy.

2. Reserved are the provisions of Art. 95 para. 2 of this Act.

1. In cases of litigation and in the appeal procedure before the administrative court, there is a claim for the reimbursement of extrajudicial costs.

2. In the appeal procedure, extrajudicial costs are compensated to the extent that they appear necessary and appropriate based on the factual or legal situation.

3. Generally, no extrajudicial costs are awarded

a) to the detriment of the municipality in appeal procedures before municipal authorities;

b) in first-instance and objection procedures;

c) for complaints regarding voting.

1. The extrajudicial compensation is imposed on the parties involved in the proceedings according to their success or failure.

1. The provisions of the Swiss Code of Civil Procedure of December 19, 2008, regarding party compensation shall apply mutatis mutandis.

1. In cases before the Administrative Appeals Commission, the Insurance Court, and the Administrative Court, as well as when required by federal law, legal aid and free legal representation are granted.

2. The provisions of the Swiss Code of Civil Procedure of December 19, 2008, regarding legal aid are applied accordingly.

3. In proceedings before administrative authorities, the competent department approves legal aid and free legal representation.

1. The government issues supplementary regulations concerning costs by ordinance.

2. It particularly regulates the fee rates as well as the compensation for witnesses and experts.

1. Orders and decisions are enforceable if they cannot or can no longer be contested by ordinary legal remedies, unless the issuing authority has set the enforceability for a later date.

2. If there is an imminent risk, the issuing authority may order enforceability even before the decision becomes legally binding.

1. The executing authority ensures enforcement.

1. Decisions are to be enforced by the first instance.

2. Appellate bodies, which are also supervisory authorities, may enforce their decision themselves or delegate the enforcement to a subordinate administrative body.

3. The official costs of the appellate proceedings are levied by the appellate bodies.

1. If the order or decision pertains to a monetary payment or security performance, enforcement shall proceed in accordance with the regulations governing debt enforcement.

1. If the order or decision is directed towards the performance of an act, tolerance, or omission, enforcement is carried out, if necessary, with police assistance, by means of substitute performance by the authority or a third party appointed by it, or by direct coercion.

2. Unless there is immediate danger, the enforcement measure must be threatened by setting a reasonable deadline.

3. Enforcement by substitute performance or direct coercion is not applicable in taxation matters.

1. The authority may threaten the punishment provided by law for the case of disobedience.

2. If the applied decree does not contain a penal provision, the penalty provided in Article 292 of the Swiss Criminal Code may be threatened.

1. In cases of lawsuits before the civil court, as well as in related appeal and complaint proceedings, the enforcement is governed by the provisions of the Swiss Code of Civil Procedure of December 19, 2008.

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1. The regulatory law must be adapted to this Act.

1. Orders and decisions initiated before the commencement of this law may continue to be appealed under the previous legal framework.

2. In instances where previous appellate bodies have been dissolved, the newly designated authorities shall make decisions.

3. In appeal proceedings that were initiated before the commencement of the Expropriation Act, non-official costs shall be awarded according to the previous provisions.

1. The government determines when this law comes into effect.

1. This law is to be submitted to a popular vote in accordance with Art. 10 of the Law on the Cantonal Financial Budget and the Financial Referendum of June 17, 1929 (64).