951.1
VRP
CH-SG
CH-SG
Art. 89 Act on Administrative Justice (VRP) - Instances
Part Three: Legal Protection in Administrative Disputes - F. Complaint of Denial of Justice
Art. 89 VRP - Instances · Instances
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.
Court Decisions Applying This Provision (24)
B.2023.109 · sg (Art. 89 Abs. 1 lit. c VRP)
Administrative Department Mandated to Rule on Optional Referendum Complaint Regarding Property Sale Valuation
Cited as the basis for the Administrative Court's jurisdiction to decide on appeals concerning the denial of a decision by a department.
B.2023.62 · sg (Art. 89 Abs. 2 lit. b in Verbindung mit Art. 89 Abs. 1 lit. b VRP)
Road Asphalting Appeal Timeliness and Exhaustion of Remedies
Cited to confirm the court's jurisdiction to hear the appeal against the departmental decision on the denial of justice complaint.
DIGS411.666 · sg (Art. 89 Abs. 1 Bst. a VRP)
Appeal Regarding Cessation of Social Assistance Due to Excluded Care Costs
Cited in connection with the decision to forward the appeal regarding the denial of action to the competent authority (Stadtrat X.___).
B.2022.215 · sg (Art. 89 Abs. 2 lit. b in Verbindung mit Abs. 1 Ingress lit. b VRP)
Jurisdictional Dispute: Pre-trial Detainee Access to Custody Files
This provision establishes the jurisdiction of the Administrative Court to hear appeals against decisions of a Department concerning a complaint of refusal to provide legal remedy.
B.2022.215 · sg (Art. 89 Abs. 2 Ingress und lit. b in Verbindung mit Abs. 1 Ingress lit. b VRP)
Prisoner Access to Custody Files: Jurisdictional Dispute over Detention Management Decisions
This article was cited to establish the Court's jurisdiction to review the appeal against the Department's decision, although ultimately the appeal was dismissed on lack of jurisdiction based on cantonal law interpretation.
RDRM.2022.59 · sg (Art. 89 Abs. 1 Bst. b VRP)
Appeal Dismissed for Lack of Current Legal Interest and Inherent Placement Rules
Cited to confirm the substantive jurisdiction of the Security and Justice Department to handle the refusal-to-proceed appeal.
20.2691 · sg (Art. 89 Abs. 1 Bst. b VRP)
Municipality Mandated to Enforce Final Restoration Order After Delay
Cited in the reasoning to establish the jurisdiction for handling the appeal against refusal to act (though the main ground for admission was Art. 88 VRP).
B.2019.195 · sg (Art. 89 Abs. 1 Ingress lit. b VRP)
Administrative Zoning Application Under New Planning Act and Appeal Fee Recalculation
Cited as the basis allowing the initial administrative appeal (Rechtsverweigerungsbeschwerde) concerning unjustified delay.
B.2019.195 · sg (Art. 89 Abs. 2 lit. b VRP)
Administrative Zoning Application Under New Planning Act and Appeal Fee Recalculation
Cited as the basis establishing the court's jurisdiction to hear the appeal against the decision on the Rechtsverweigerungsbeschwerde.
18.3277 · sg (Art. 89 Abs. 1 Bst. b VRP)
Administrative Delay Dismissal in Rezoning Due to New Planning Act Implementation Timeline
Cited in the reasoning (Erwägung 1) to establish the jurisdiction of the Building Department to hear the appeal concerning unjustified delay.
BLD.Entscheid.Nr.01 · sg (Art. 89 Abs. 1 Bst. b VRP)
Petitioners v. Specialized School Operator Regarding Failure to Issue Termination Decision
This provision was cited to establish the competent authority (the Department) to decide on the appeal against the highest administrative authority of a public-law corporation.
B.2017.131 · sg (Art. 89 Abs. 1 lit. c VRP)
Data Protection Access After Disciplinary File Closure
Cited in the reasoning to confirm the court's jurisdiction, which is a prerequisite for the decision in order 1.
B.2013.244 · sg (Art. 89 Abs. 2 Satz 2 VRP)
Representative's Knowledge of Decision Trumps Formal Notification for Appeal Deadline
Cited to establish the Court's competence to rule on the appeal.
B.2013.244 · sg (Art. 89 Abs. 2 Satz 2 des Gesetzes über die Verwaltungsrechtspflege; sGS 951.1, VRP)
Improper Service Does Not Void Notice When Representative Gains Knowledge
Used to establish the court's jurisdiction to hear the appeal against the decision of the Bildungsdepartement (procedural rule for competence).
B.2013.22 · sg (Art. 89 Abs. 2 VRP)
Planning Authority Conditional Rezoning Instruction Not Appealable Administrative Decision
Cited in the reasoning to support the procedural finding that the issue of the appeal being treated as a complaint against denial of justice (Rechtsverweigerungsbeschwerde) should not be decided in this procedure.