Legislator Case Law & Legislation
170.1 VRG CH-TG

Act on Administrative Justice (VRG) - Principle (VRG)

103 Articles / Provisions · Switzerland · Canton of Thurgau
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Table of Provisions (103)

§ 1 VRG § 2 VRG § 3 VRG § 4 VRG § 5 VRG § 6 VRG - Jurisdictional Conflicts § 7 VRG - Disqualification § 8 VRG § 9 VRG § 10 VRG § 10a VRG § 11 VRG § 12 VRG § 12a VRG § 13 VRG § 14 VRG - Access to Files § 15 VRG § 15a VRG § 16 VRG § 17 VRG § 18 VRG § 19 VRG § 20 VRG § 20a VRG - Domicile for Service of Documents § 20b VRG § 21 VRG § 22 VRG - Request for Reconsideration § 23 VRG § 24 VRG § 25 VRG § 26 VRG § 27 VRG - Administrative Fines § 28 VRG - Bodies § 29 VRG § 30 VRG § 31 VRG § 32 VRG § 33 VRG - Composition, Procedure § 34 VRG § 35 VRG § 36 VRG § 37 VRG § 38 VRG § 39 VRG § 40 VRG § 41 VRG § 42 VRG § 43 VRG § 44 VRG - Right to Appeal § 45 VRG § 46 VRG - Deficient Appeal Brief § 47 VRG § 48 VRG § 48a VRG - Procedural Consolidation § 49 VRG § 50 VRG § 51 VRG § 52 VRG § 53 VRG - Supplementary Provisions § 54 VRG § 55 VRG § 55a VRG - Inadmissibility of Appeal § 56 VRG Section 57 VRG § 58 VRG § 59 VRG § 60 VRG § 61 VRG § 61a VRG § 62 VRG § 63 VRG - Court Holidays § 64 VRG § 65 VRG § 66 VRG - Settlement § 67 VRG - Principle of Publicity § 68 VRG § 69 VRG § 69a VRG - Competence § 69b VRG § 70 VRG § 71 VRG § 72 VRG § 72a VRG § 73 VRG § 74 VRG § 75 VRG § 76 VRG § 77 VRG **§ 78 VRG - Special Cases** § 79 VRG - Advance on Costs § 80 VRG § 81 VRG - Legal Aid § 81a VRG - Additional Payment § 82 VRG § 83 VRG § 84 VRG § 85 VRG § 86 VRG § 87 VRG § 88 VRG § 89 VRG - Principle § 129 VRG § 130 VRG

Statutory Text (103 Articles)

Section: Scope and Definitions - Scope

1. This Law regulates

1. * the procedure before the administrative authorities of the canton, the municipalities, as well as public law corporations and institutions;

2. the procedure before private individuals and private organizations, insofar as they perform public administrative tasks;

3. the procedure before the appeal authorities and the administrative court.

2. For the procedures before ecclesiastical authorities, this law applies insofar as the church organizations provide for it.

Section: Scope and Definitions - Scope

1. This law applies to all administrative procedures, unless other laws provide specific regulations.

Section: Scope and Definitions - Definitions

1. An "authority" is considered to be any entity that is authorized to issue a decision.

Section: Scope and Definitions - Definitions

1. Decisions are orders issued by authorities in individual cases, based on public law, and pertain to

1. the establishment, modification, or revocation of rights or obligations;

2. the determination of the existence, nonexistence, or scope of rights or obligations;

3. the dismissal of requests for the establishment, modification, revocation, or determination of rights or obligations, as well as the non-consideration of such requests.

2. Enforcement orders and interim measures are also considered decisions.

Section: General Procedural Provisions

1. **The Jurisdiction of Administrative Authorities is Determined by Legislation.** Deviating agreements between authorities and parties involved are void. Arbitration clauses in public-law contracts remain reserved.

2. **The Administrative Authorities Review Their Jurisdiction Ex Officio.**

3. **Submissions to an Incompetent Authority Must be Transferred to the Competent Authority, Notifying the Sender.** A deadline is considered met if the submission is made in due time to an incompetent authority.

4. **The Administrative Authorities Are Mutually Obligated to Provide Legal Assistance.**

Section: General Procedural Provisions

1. Jurisdictional conflicts are to be resolved by mutual agreement. If no agreement can be reached, the decision is made by

1. * the joint supervisory authority between administrative authorities or, where such an authority is absent, as well as between departments, the government council;

2. the administrative court between organs of administrative justice and administrative authorities;

3. the administrative court between organs of administrative justice with each other;

4. in all other cases, the great council.

Section: General Procedural Provisions

1. Members of authorities and persons elected, employed or appointed by the canton or municipality must recuse themselves ex officio

1. * in their own affairs, in those of their spouses, registered partners, fiancés, relatives and in-laws up to and including the fourth degree, their adoptive, foster or stepparents, as well as their adoptive, foster or stepchildren; the reason for recusal due to in-law status persists after the dissolution of the marriage or registered partnership;

2. as a legal representative, guardian, advisor, agent, employee, or as an organ of a party involved in the proceeding;

3. if they have acted or commissioned in the same matter in a different official capacity or as a witness, expert, or appointed representative;

4. in proceedings in which they have a personal interest or are otherwise biased.

2. If the recusal of a member of a collegial authority is disputed, the entire authority decides in the absence of the person concerned. In other cases, the supervising authority decides. Decisions regarding recusal are to be recorded in the minutes.

Section: General Procedural Provisions

1. Natural and legal persons, as well as associations of persons whose legal status is affected by the decision, may participate in administrative proceedings and administrative court proceedings.

2. If an administrative matter is expected to affect the rights and obligations of third parties, these parties may be given the opportunity to participate in the proceedings ex officio.

Section: General Procedural Provisions

1. The parties involved may seek legal assistance and, insofar as personal action or appearance is not required, may be represented.

2. If a party is incapable of safeguarding their interests, the authority may require the appointment of legal counsel or a representative.

3. Professional legal assistance and representation before the Administrative Court is reserved for lawyers accredited under the Federal Lawyers Act (BGFA).

4. At the request of the authority, the representative must prove their authority through a written power of attorney. A lawyer accredited under the BGFA is considered the general representative of the party they act for.

5. In the case of multiple parties with identical interests, they may be required to appoint one or more common representatives. If they fail to comply with this request within the set deadline, the authority may either designate a delivery address or appoint a representative.

Section: General Procedural Provisions

1. Requests must be submitted in writing with a brief justification to the competent authority; in exceptional cases, they can be recorded in a protocol.

2. Evidence must be specified and, as far as possible, enclosed.

3. Submissions can be transmitted electronically to the authority. The government council regulates, in consultation with the administrative court, the requirements, especially concerning the prescribed format and electronic signature.

4. In the case of electronic transmission, the authority may require that the submission and attachments be subsequently provided in paper form.

Section: General Procedural Provisions

1. The official language in proceedings under this law is German.

Section: General Procedural Provisions

1. To preserve the current state or to secure endangered legal interests, the authority may take precautionary measures and issue the necessary procedural directives. In the case of collegial bodies, the chairperson is authorized to do so.

Section: General Procedural Provisions

1. The authority or its appointed representative shall investigate the facts of the case and gather evidence ex officio by questioning the parties and informants, by consulting documents, official reports, or expert opinions, by inspection, or by other suitable means.

2. If the facts cannot be sufficiently clarified in this way, the government council, its departments, the administrative court, the appeals commissions, or the expropriation commission may have formal witness examinations conducted by suitable staff. Other administrative authorities must commission the locally competent public prosecutor’s office to conduct the witness examinations.

3. If a procedure is not in the public interest, the authority need not proceed upon the request of the parties if they refuse the necessary and reasonable cooperation.

4. The provisions of the Swiss Civil Procedure Code (Civil Procedure Code, CPC) shall apply mutatis mutandis to evidence by testimony, documents, inspection, and expert opinions.

Section: General Procedural Provisions

1. Authorities within the meaning of § 1 para. 1 no. 1 and no. 3 are obliged to provide mutual administrative assistance, unless otherwise specified.

Section: General Procedural Provisions

1. Every affected party must be heard before a decision is made, except in enforcement proceedings.

2. In urgent cases, the prior hearing may be omitted; it must be conducted as soon as possible afterwards.

Section: General Procedural Provisions

1. The parties have the right to inspect the files. The files may be delivered to authorities and attorneys admitted under the Swiss Federal Act on the Freedom of Movement for Lawyers (BGFA).

2. Access to a file document may be refused if it serves exclusively for internal administrative purposes or if important public or legitimate private interests conflict with it. Such documents shall be designated as confidential.

3. If access to the files is denied due to legitimate interests, the essential content of the document shall be disclosed orally or in writing to the extent that the interests to be protected permit it.

Section: General Procedural Provisions

**1. The parties may, in any instance, submit new requests and invoke new facts or evidence until the conclusion of the exchange of written submissions or until the end of the oral proceedings, unless specific provisions provide otherwise.**

Section: General Procedural Provisions

1. If addressing a preliminary issue in advance is likely to avoid significant expenditure of time and costs, it may be made the subject of a preliminary decision upon the application of a party involved or ex officio.

2. Under the same conditions, the proceedings can be limited to part of the dispute and a partial judgment can be rendered.

Section: General Procedural Provisions

1. The authority decides based on the facts of the case through free evaluation of the evidence, without being bound by the requests of the parties involved. It applies the law ex officio.

Section: General Procedural Provisions

1. Collegial authorities have a quorum when the majority of members are present. If substitute members are legally provided for, the authority must be fully composed.

2. The decision is determined by the majority of votes cast. In the event of a tie, the proposal for which the chairperson has voted shall be adopted.

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

Section: General Procedural Provisions

1. A decision must contain

1. the designation of the deciding authority and, in the case of administrative judicial bodies, their composition;

2. the facts, legal principles, and reasons upon which it is based;

3. the ruling;

4. the cost regulation;

5. * a notice of the permissible ordinary remedy, specifying the deadline and instance, and in the case of appeals, any exceptions to court holidays;

6. the designation of the addressees;

7. the dates of the decision and its dispatch;

8. the required signatures.

2. If a decision concerns a large number of participants, only the original needs to be signed by hand.

3. If it is not an administrative dispute, in the case of a large number of similar decisions in the form of computer printouts, the signature may be omitted.

Section: General Procedural Provisions

1. The administrative authorities may issue their decisions without providing grounds, subject to different provisions of federal or cantonal law

1. insofar as uncontested requests are fully granted;

2. provided that an objection against the decision is admissible with the same authority.

2. In cases of appeals or complaints against cantonal offices or departments, a decision may be issued without explanation with the consent of the parties involved, if the request of the appellant or complainant is fully granted and the decision cannot be further appealed by the cantonal office or department.

Section: General Procedural Provisions

1. Decisions shall be communicated in writing to the parties involved and the affected third parties.

2. In urgent cases, communication may be made orally; it must be confirmed in writing without delay.

3. The period for legal remedies shall begin in all cases from the date of written delivery.

Section: General Procedural Provisions

1. Parties with their registered office or domicile abroad must designate a delivery address in Switzerland.

2. If the parties do not comply with this request within the set deadline, the authority may either replace notifications with official publications or disregard the submission.

Section: General Procedural Provisions

1. With the consent of the parties involved, notification and service can be conducted electronically. The government council shall regulate the relevant requirements in consultation with the administrative court.

Section: General Procedural Provisions

1. If a decision cannot be delivered or is addressed to an indeterminate group of persons, it shall be announced through an official publication.

Section: General Procedural Provisions

1. Requests for reconsideration are permissible. However, they do not establish a right to be considered and do not suspend the running of deadlines.

Section: General Procedural Provisions

1. A decision can be amended or revoked by the authority that issued it or by the supervisory authority, provided that important public interests require it or circumstances have significantly changed. Exceptions are decisions that cannot be revoked according to an explicit provision or by the nature of the matter.

2. If a decision is challenged by an ordinary legal remedy, amendment or revocation is possible in all cases until the appellate body has announced its decision.

3. Anyone entitled under a decision who suffers damage as a result of its amendment or revocation is entitled to compensation, provided they have either made expenditures in good faith based on the decision and are not at fault for the revocation or have their acquired rights violated. The claim is directed against the public entity that initiated the amendment or revocation.

Section: General Procedural Provisions

1. The day on which a decision is issued does not count in the calculation of the deadline.

2. Deadlines end at midnight (24:00) on the last day. If the last day of the deadline falls on a Saturday or a public holiday, it concludes on the following business day.

3. To comply with a deadline, the relevant action must be taken before the deadline expires. Written submissions must be submitted to the addressee, the Swiss postal service, or a Swiss diplomatic or consular mission before the deadline expires.

4. The deadline for payment of an advance is met if the amount has been timely handed over to the Swiss postal service for the benefit of the authority or debited from a postal or bank account in Switzerland.

5. In the case of electronic delivery, the deadline is met if receipt at the authority's delivery address has been confirmed by the relevant information system before the deadline expires.

Section: General Procedural Provisions

1. Statutory deadlines cannot be extended.

2. Administrative deadlines may be extended for sufficient reasons if a request is made before the deadline expires.

3. In the event of default, the threatened consequences shall ensue.

Section: General Procedural Provisions

1. A missed deadline may be reinstated upon a justified request if neither the defaulting party nor their representative is at fault. Such requests must be submitted within 14 days from the removal of the cause that prevented compliance with the deadline.

Section: General Procedural Provisions

1. Anyone who initiates proceedings frivolously or violates decorum and propriety in the proceedings may be punished with a disciplinary fine of up to CHF 1,000.

Section: Legal Protection in Administrative Disputes - The Organization - General Provisions

1. Administrative Jurisdiction is exercised in particular by

1. the final-instance administrative authority of the municipalities, public corporations, and independent public-law institutions;

2. * ...

3. the appraisal commissions, arbitration courts, and joint commissions;

4. the appeals commissions and the social insurance court;

5. the departments of the government council;

6. the government council;

7. the administrative court.

Section: Legal Protection in Administrative Disputes - The Organization - The Appeal Commissions

1. The Appeal Commissions consist of a president, two to four additional members, and one to three substitute members. They are elected by the government council for a term of office.

2. The members are obliged to vote.

3. The Appeal Commissions appoint their secretaries.

4. The Administrative Court supervises the management of the Appeal Commissions as well as the Expropriation Commission. It regulates their organization and operation by ordinance.

Section: Legal Protection in Administrative Disputes - The Organization - The Appeal Commissions

1. The appeal commissions shall submit an annual report on their activities.

Section: Legal Protection in Administrative Disputes - The Organization - The Administrative Court

1. The Administrative Court consists of five to nine members and three substitute members.

2. The presidents of the Appeals Commissions are extraordinary substitute members.

3. The Administrative Court is seated in Weinfelden.

Section: Legal Protection in Administrative Disputes - The Organization - The Administrative Court

1. The Grand Council elects the members of the Administrative Court and, from among them, the President, the Vice President, and the regular substitute members.

2. The Administrative Court appoints the court clerk and the office staff. The ordinance of the Government Council concerning the legal status of state personnel (RSV) applies mutatis mutandis.

3. Personnel-related disputes are adjudicated by the Supreme Court as the sole instance in the appeal procedure.

Section: Legal Protection in Administrative Disputes - The Organization - The Administrative Court

1. As a rule, the Administrative Court sits with five members. This is mandatory in appeals against the Governing Council.

2. In cases without fundamental significance or with a clear legal situation, as well as when acting as an insurance court, the court decides with three members.

3. Each judge is obliged to cast a vote.

4. Furthermore, the Administrative Court regulates its organization and procedures by ordinance.

Section: Legal Protection in Administrative Disputes - The Organization - The Administrative Court

1. The Administrative Court shall report annually to the Grand Council on its activities.

Section: Legal Protection in Administrative Disputes - The Appeal - Principle

1. Appealable by recourse are decisions of a lower administrative authority, including precautionary measures and enforcement measures, provided the possibility of appeal is not expressly excluded by law.

2. Procedural orders and other interim decisions may be independently appealed, provided they result in a disadvantage to the concerned party that is likely not to be remedied later.

Section: Legal Protection in Administrative Disputes - The Appeal - Appeal Instances

1. Decisions of lower instances can be appealed to the highest administrative authority of the municipalities, public corporations, or independent public-law institutions.

Section: Legal Protection in Administrative Disputes - The Appeal - Appeal Instances

1. The jurisdiction of the cantonal appeal bodies shall be determined, subject to the following provisions, in accordance with other applicable legislation.

Section: Legal Protection in Administrative Disputes - The Appeal - Appeal Instances

1. The Tax Appeals Commission adjudicates appeals against

1. Objection decisions concerning tax assessments of real estate;

2. Objection decisions and, insofar as no objection procedure is provided, other decisions concerning tax liability, tax assessments including additional and penalty taxes, as well as tax apportionment;

2a. * Decisions relating to value-added recapture;

3. * Objection decisions concerning military service exemption tax;

3a. * Objection decisions concerning withholding tax;

4. * Decisions concerning road traffic fees.

Section: Legal Protection in Administrative Disputes - The Appeal - Appeal Instances

1. The Appeals Commission for Building Insurance adjudicates appeals against decisions made by bodies of the Building Insurance.

Section: Legal Protection in Administrative Disputes - The Appeal - Appeal Instances

1. The Appeals Commission for Road Traffic Matters adjudicates appeals against decisions made by the Road Traffic Office; excluded are decisions regarding road signage, road traffic levies, and matters related to personnel law.

Section: Legal Protection in Administrative Disputes - The Appeal - Appeal Instances

1. The Agricultural Affairs Appeals Commission adjudicates appeals against

1. Decisions of the licensing authority pursuant to the Federal Act on Rural Land Law;

2. Decisions on the approval of agricultural rent charges;

3. Objection decisions concerning land improvements;

4. Decisions regarding the enforcement of regulations on investment credits and operational assistance in agriculture;

5. Objection decisions concerning the enforcement of regulations on quality assurance in the dairy industry.

Section: Legal Protection in Administrative Disputes - The Appeal - Appeal Instances

1. The Personnel Appeals Commission adjudicates appeals against personnel-related decisions of cantonal administrative bodies, the State Chancellery, the departments, the district courts, the Coercive Measures Court, the Child and Adult Protection Authorities, the University of Education, the Building Insurance, and the highest municipal authorities, with the exception of the following matters

1. Decisions concerning the non-establishment of an employment relationship;

2. Decisions concerning individual salary adjustments;

3. Decisions concerning performance components and performance bonuses;

4. * Decisions on organizational matters;

5. * Decisions regarding the non-granting of a step increase for teachers.

2. In the appeal procedure, claims related to financial matters that pertain to the contested decision must be asserted simultaneously. The administrative court action is excluded.

3. The Personnel Appeals Commission shall be composed in a balanced and independent manner.

Section: Legal Protection in Administrative Disputes - The Appeal - Appeal Instances

1. Unless an appeal to a Recourse Commission is permissible, the competent Department shall adjudicate appeals against decisions of

1. the cantonal administrative offices;

2. the supervisory commissions;

3. the highest municipal bodies;

4. the public-law corporations and the independent public-law institutions;

5. private individuals or private organizations, insofar as they perform public administrative functions.

Section: Legal Protection in Administrative Disputes - The Appeal - The Procedure

1. Entitled to Appeal

1. anyone affected by a decision and having a legitimate interest in its annulment or amendment;

2. any person, organization, or authority authorized by law to do so.

Section: Legal Protection in Administrative Disputes - The Appeal - The Procedure

1. The appeal must be submitted in writing within 30 days from the notification of the contested decision, with an enclosure of the decision, to the appellate authority, signed in one copy each for the appellate authority and the parties involved. The appeal must contain a petition and a statement of reasons, as well as list the evidence. Documents must be submitted numbered and with an index of documents.

2. Legal submissions must not be illegible, improper, incomprehensible, excessively verbose, or drafted in a language other than the official language.

3. For appeals against provisional measures and in urgent cases, the deadline can be reduced to five days.

Section: Legal Protection in Administrative Disputes - The Appeal - The Procedure

1. If the appeal document does not meet the legal requirements and the appeal is not evidently inadmissible, a reasonable period for supplementation shall be set. At the same time, it will be communicated that a decision will be made based on the records after the unutilized period expires. If the application, reasoning, or signature is missing, or if the legal document is illegible, inappropriate, incomprehensible, excessively verbose, or not drafted in the official language, the supplement period will be set with the warning that the appeal will not be entertained after the expiry of the unutilized period.

2. Exceptionally, the supplementation to the appeal may be recorded in the minutes.

3. Appeals based on vexatious or abusive litigation will not be entertained.

Section: Legal Protection in Administrative Disputes - The Appeal - The Procedure

1. An appeal can address all procedural defects and deficiencies in the contested decision.

2. In matters concerning the municipalities' own sphere of influence, public-law corporations, or autonomous public-law institutions, the appellant cannot claim the inappropriateness of the decision.

3. New procedural requests and new factual assertions, as well as the designation of new evidence, are permissible.

Section: Legal Protection in Administrative Disputes - The Appeal - The Procedure

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

2. In the case of immediate dismissals, the appeal does not have a suspensive effect.

3. The appeal instance or its chairman can restore the suspensive effect withdrawn by the lower court or withdraw the suspensive effect from an appeal.

Section: Legal Protection in Administrative Disputes - The Appeal - The Procedure

1. Multiple appeals in the same matter may be consolidated if this results in advantages for the proceedings.

Section: Legal Protection in Administrative Disputes - The Appeal - The Procedure

1. If the appeal does not initially appear to be inadmissible or unfounded, it shall be forwarded in writing to the lower court and any other parties involved whose legitimate interests are affected by the appeal request, for their comments.

2. With the comments, the lower court shall transmit the records.

3. The appellate authority may order an additional exchange of written submissions or an oral hearing.

Section: Legal Protection in Administrative Disputes - The Appeal - The Procedure

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

Section: Legal Protection in Administrative Disputes - The Appeal - The Procedure

1. The appellate instance decides without being bound by the requests of the parties involved. It can decide in favor of the appellant beyond their request, amend the contested decision to their detriment, or refer the matter back to the lower instance for a new decision.

2. Due to disproportionality, the contested decision may only be amended to the detriment of the appellant if the amendment is in favor of another party involved. The affected parties must be heard beforehand.

Section: Legal Protection in Administrative Disputes - The Appeal - The Procedure

1. If the appeal is resolved by settlement, withdrawal, or acknowledgment, or becomes irrelevant, it shall be recorded in the minutes by the chairperson.

2. If a department is the appellate body, the recording may also be performed by the authorized person.

Section: Legal Protection in Administrative Disputes - The Appeal - The Procedure

1. The general procedural provisions shall apply mutatis mutandis.

Section: Legal Protection in Administrative Disputes - The Appeal - The Appeal Instances

**1. By filing a complaint with the Administrative Court, decisions of the following authorities can be contested:**

1.* Office responsible for managing the commercial register

2.* Coercive Measures Court in the area of immigration law and police coercive measures, whereby the complaint has no suspensive effect

3.* Appeal bodies

4.* Expropriation Commission

5.* Departments.

**1bis The complaint is excluded if:**

1. Federal law allows direct appeal to the Federal Supreme Court, the Federal Administrative Court, or another federal authority

2. The decision is final

3. An appeal to the Government Council can be filed according to § 55

4. The Grand Council is competent.

**2. Employment-related decisions of the Government Council and the Higher Court in accordance with § 42 para. 1 can be contested by filing a complaint with the Administrative Court. § 42 para. 2 applies analogously.**

**3. Decisions of the Grand Council in the area of citizenship legislation can be contested by filing a complaint with the Administrative Court.**

Section: Legal Protection in Administrative Disputes - The Appeal - The Appeal Instances

**1. To the extent that federal law does not provide for an appeal to the Federal Administrative Court or another federal authority, the following decisions can be appealed to the government council:**

1. Decisions pursuant to § 45 para. 2 subsections 2 and 3 of the Law on Voting and Electoral Rights (StWG)[9];

2. Decisions of the department in accordance with the Law on Cultural Promotion and Management[10];

3. Decisions of the departments regarding financial equalization and contributions from the state to municipalities and other public-law entities;

4. Decisions of the departments regarding contributions to individuals, to which there is no legal entitlement;

5. Decisions of the department pursuant to § 19 of the Law on the Promotion of Public Transport[11];

6. Decisions of the department according to the Law on Measures Against Unemployment and for Location Promotion[12];

7. Decisions of the department in accordance with the Law on Measures for the Promotion of Housing Construction[13];

8. Decisions of the departments on organizational matters of administration;

9. Decisions of the departments for the protection of public safety and order;

10. Decisions of the departments on supervisory complaints, subject to § 72a.

**2. The provisions concerning recourse apply to the procedure.**

Section: Legal Protection in Administrative Disputes - The Appeal - The Appellate Instances

1. An appeal to the Administrative Court or the Council of State is generally inadmissible in cases where the Grand Council decides.

Section: Legal Protection in Administrative Disputes - The Appeal - The Procedure

1. An appeal may be filed on the grounds of legal violations that are significant for the assessment of a dispute, as well as incorrect and incomplete determination of the facts.

2. Legal violations particularly include

1. the incorrect application or the failure to apply a legal provision or a generally recognized legal principle;

2. incorrect legal assessment of a fact;

3. abuse or excess of discretion;

4. disregard of essential procedural rules.

3. The administrative court has full review authority when it is the first appellate instance to decide, when its decisions can be appealed to a federal instance with unlimited review authority, or when a law or state treaty prescribes this.

Section: Legal Protection in Administrative Disputes - The Appeal - The Procedure

1. The appeal must be filed within 30 days from the notification of the contested decision, accompanied by the same, in a signed copy for both the appellate authority and the parties involved. The appeal must contain a request and a statement of reasons, as well as listing the evidence. Documents should be submitted numbered and with an index of documents.

2. Legal writings must not be illegible, improper, incomprehensible, excessively verbose, or drafted in any language other than the official language.

3. For appeals against precautionary measures and in urgent cases, the deadline may be reduced to five days.

Section: Legal Protection in Administrative Disputes - The Appeal - The Procedure

1. New claims are not admissible before the administrative court.

2. The parties may assert new facts to the extent that this becomes necessary due to the contested decision.

Section: Legal Protection in Administrative Disputes - The Appeal - The Procedure

1. A member of the administrative court conducts the preliminary proceedings and takes the provisional measures.

2. The instructing judge may take evidence, insofar as the taking of evidence by the court is not indicated.

3-4. ...

Section: Legal Protection in Administrative Disputes - The Appeal - The Procedure

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

Section: Legal Protection in Administrative Disputes - The Appeal - The Procedure

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

Section: Legal Protection in Administrative Disputes - The Appeal - The Procedure

1. The Dismissal of the Record Due to Settlement, Withdrawal, Acknowledgment, or Obsolescence is Carried Out by the Presidium at the Administrative Court.

2. Complaints to the Executive Council are dismissed by the State Chancellery in such cases.

Section: Legal Protection in Administrative Disputes - The Appeal - The Procedure

1. Additionally, the provisions regarding the appeal and the general procedural regulations shall apply mutatis mutandis.

Section: Legal Protection in Administrative Disputes - The Appeal - The Procedure

1. Court vacations last from the seventh day before Easter to the seventh day after Easter, from July 15th to August 15th, and from December 18th to January 2nd.

2. During court vacations, deadlines set by law or court order that are specified by days do not run.

3. Court hearings and inspections may also be conducted during court vacations if the parties authorized to participate consent.

4. Court vacations do not apply to proceedings concerning the suspensive effect and other precautionary measures, proceedings regarding the granting or refusal of permits for constructions or facilities, public procurement, tax, and enforcement procedures, as well as in the area of immigration enforcement measures. If the legal remedy instruction does not mention this provision, the court vacations apply.

5. In cases before the Social Insurance Court, Article 38 of the Federal Act on the General Part of Social Insurance Law (ATSG) applies.

Section: Legal Protection in Administrative Disputes - The Lawsuit at the Administrative Court - Principle

1. The Administrative Court adjudicates as the sole instance

1. Disputes arising from public law, with the exception of those concerning state contributions between the State of Thurgau and municipalities, municipal associations, public-law corporations, and autonomous public-law institutions, as well as disputes among these entities;

1a. Disputes arising from administrative contracts;

2. ...

3. Claims for compensation due to the amendment or revocation of an administrative order;

3a. ...

4. Actions pursuant to § 12 para. 1 of the Liability Act, as well as pecuniary claims against public insurance funds;

5. Disputes arising from public law between family compensation funds.

Section: Legal Protection in Administrative Disputes - The Action Before the Administrative Court - The Procedure

1. The complaint and the response must be submitted in writing, signed, and in duplicate.

2. If special reasons justify it, an additional exchange of written submissions or an oral hearing may be ordered.

Section: Legal Protection in Administrative Disputes - The Lawsuit at the Administrative Court - The Procedure

1. The instructing judge may present the parties with a written settlement proposal or invite them to an oral settlement hearing.

Section: Legal Protection in Administrative Disputes - The Lawsuit at the Administrative Court - The Procedure

1. Oral hearings before the administrative court are generally open to the public, unless important public or legitimate private interests oppose this.

2. The court's deliberation takes place in the absence of the parties and the public.

Section: Legal Protection in Administrative Disputes - The Complaint at the Administrative Court - The Procedure

1. Third parties who may be affected by a decision in their own legitimate interests shall be invited to participate in the proceedings ex officio. They must declare in writing within the designated period whether they will participate in the proceedings.

2. Third parties participating in the proceedings are considered participants.

Section: Legal Protection in Administrative Disputes - The Action Before the Administrative Court - The Procedure

1. In all other respects, the procedure shall be governed mutatis mutandis by the provisions concerning appeals.

Section: Legal Protection in Administrative Disputes - The Administrative Court as Insurance Court

1. The Administrative Court is the sole cantonal instance for

1. All disputes according to Article 57 ATSG;

2. Lawsuits pursuant to Article 73 of the Federal Law on Occupational Retirement, Survivors' and Disability Pension Plans;

3. Disputes arising from supplementary insurance to social health insurance under the Federal Health Insurance Act;

4. Disputes in accordance with the cantonal social security legislation.

2. The Administrative Court acts as a cantonal arbitration court according to Article 27bis of the Federal Disability Insurance Act, Article 89 of the Federal Health Insurance Act, and Article 57 of the Federal Accident Insurance Act. It maintains a list of suitable arbitrators to represent the involved insurers and service providers.

3. In cases without fundamental importance or where the legal situation is clear, a single member of the Administrative Court acts as a sole judge to adjudicate disputes up to CHF 8,000.

Section: Legal Protection in Administrative Disputes - The Administrative Court as Insurance Court

1. Subject to the special procedural provisions of the federal government, the regulations regarding the appeal and complaint procedure before the administrative court apply mutatis mutandis.

2. Articles 34 to 54 and Article 61 letters a to c and letters e to i of the Federal Act on General Aspects of Social Security Law (ATSG) apply mutatis mutandis to all proceedings before the insurance court, with the exception of the cost exemption.

Section: Extraordinary Legal Remedies, Legal Remedies - The Revision and the Explanation

1. The revision and clarification of decisions are permissible. The provisions of the Code of Civil Procedure apply mutatis mutandis.

Section: Extraordinary Legal Remedies, Legal Recourses - The Supervisory Complaint

1. Supervisory Complaint may be filed in the following cases

1. unjustified refusal or delay of a prescribed official act;

2. abuse of official authority;

3. arbitrary exercise of powers.

2. The supervisory complaint is admissible insofar as no ordinary legal remedy is available.

Section: Extraordinary Legal Remedies, Legal Recourses - The Supervisory Complaint

1. The supervisory complaint must be submitted to the supervisory authority.

2. The supervisory complaint is not bound by any time limit.

3. If the supervisory complaint is directed against the president or the presiding member of a collegial authority, this authority is competent to handle it.

Section: Extraordinary Legal Remedies, Legal Recourses - The Supervisory Complaint

1. Against the unlawful refusal or delay of a contestable decision, an appeal or complaint can be lodged with the appellate authority.

Section: Extraordinary Legal Remedies, Appeals - The Supervisory Complaint

1. The supervisory authority may grant suspensive effect.

Section: Extraordinary Legal Remedies, Legal Proceedings - The Notification

1. Facts that, in the public interest, require action to be taken against an authority ex officio may be the subject of a complaint.

Section: Extraordinary Legal Remedies, Legal Remedies - The Notice

1. A complaint can be filed with the supervisory authority by anyone at any time.

2. The person who files a complaint is not thereby involved in the proceedings.

Section: Costs

1. For the official actions of the authorities, the prescribed fees must be paid, and the incurred cash expenses must be reimbursed.

2. The regulation of costs is determined by the authority responsible for the main matter.

3. The regulation of costs can be challenged independently or together with the main matter.

Section: Costs

**1. In contentious proceedings, the losing party generally bears the costs. If a party is only partially unsuccessful, a corresponding portion of the costs will be imposed on that party.**

Section: Costs

1. Costs shall be borne by a party insofar as the party has caused them by violating essential procedural rules, by subsequent requests or assertions of important facts or pieces of evidence which could have been presented earlier, or by improper conduct.

2. Official costs may be waived if justified by the circumstances.

3. Generally, no fees are charged from the canton, municipalities, public-law corporations, and institutions, with the exception of the cantonal bank.

Section: Costs

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

2. If the advance is not paid despite notification of the consequences of default, the procedure may be discontinued or the requested official action may be omitted, unless public interests oppose such actions.

Section: Costs

1. In the procedure before the Administrative Court or the Government Council, there is generally a right to reimbursement of extrajudicial costs.

2. If private parties oppose each other in an appeal procedure, the prevailing private party is generally entitled to reimbursement of extrajudicial costs by the losing private party. Otherwise, reimbursement of extrajudicial costs is only awarded if justified by a complex factual situation or difficult legal issues.

3. If reimbursement of extrajudicial costs is awarded, the losing party or the losing public entity is obligated to pay the compensation. Article 106 of the Swiss Code of Civil Procedure shall apply mutatis mutandis.

4. As a rule, no party compensation is awarded to the public entity.

5. In other administrative procedures, no party compensations are awarded.

Section: Costs

1. An indigent party may be granted legal aid free of charge upon request, provided that the proceedings do not appear to be hopeless or frivolous.

2. If circumstances require it, particularly in proceedings before the Administrative Court, a party may be granted a lawyer free of charge, who is registered in the Bar Register of the Canton of Thurgau.

3. If a party has been granted legal aid free of charge or a free lawyer in proceedings before the Administrative Court, the Appeal Commissions or the Expropriation Commission, he is obliged to pay the lawyer's fees and costs, as well as the granted free legal aid, as soon as he is able to do so.

4. The claim is subject to a statute of limitations ten years after the conclusion of the proceedings.

Section: Costs

1. A special body attached to the financial administration regularly checks whether parties who have been granted legal aid or a free attorney can be obliged to make a reimbursement in accordance with § 81 paragraph 3. The instances according to § 81 paragraph 3 report corresponding final decisions to this body.

2. The parties are required to fully disclose their income and financial circumstances. The tax authorities and other authorities of the canton and municipalities, as well as public law corporations and institutions, with the exception of the cantonal bank, are obliged to provide information free of charge and disclose documents as necessary for the enforcement of this provision.

3. If a party does not voluntarily make the corresponding reimbursement, the special body attached to the financial administration shall issue a reimbursement decision after hearing the party involved.

Section: Costs

1. The details shall be regulated by the Grand Council by ordinance.

Section: Enforcement

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 authority may, particularly when there is an imminent danger, order the enforceability even before the finality of the decision occurs.

Section: Execution

1. The enforcement of a decision is the responsibility of the authority that made the initial ruling.

2. The official costs of an appellate procedure shall be levied by the appellate instance involved.

Section: Enforcement

1. Decisions pertaining to the payment of money or provision of security are equivalent to enforceable judicial judgments within the meaning of the Federal Act on Debt Collection and Bankruptcy.

2. Corresponding claims become time-barred ten years after the decision becomes legally binding, unless otherwise specified.

Section: Enforcement

1. If the decision is directed towards performing an action, tolerating, or refraining from an action, and there is no imminent danger, enforcement must initially be threatened by setting a reasonable deadline. The threat is not subject to appeal.

2. If the deadline is not met, enforcement is carried out, if necessary with police assistance, through substitute performance or direct force. The authority may commission a third party to perform the substitute action.

3. The decision on enforcement can be appealed directly to the administrative court within five days. Only the lack of jurisdiction of the deciding authority, the lack of enforceability, or the inconsistency of the enforcement decision with the substantive decision can be contested.

Section: Enforcement

1. In addition to the enforcement measures according to § 86, the penalty prescribed for non-compliance may be threatened.

2. If the applicable decree does not contain any penal provision, punishment by a fine in accordance with Article 292 of the Swiss Criminal Code may be threatened.

Section: Enforcement

1. Judgments of the Administrative Court pursuant to § 64 shall be executed in accordance with the provisions of the Code of Civil Procedure.

Section: Repeal, Amendment, and Supplement of Existing Law

1. Upon the entry into force of this law, all provisions that contradict it shall be repealed.

Section: Transitional and Final Provisions

1. This law is applicable to proceedings initiated after its entry into force and only to an appeal or complaint procedure if the contested decision was also issued after the entry into force of this law.

Section: Transitional and Final Provisions

1. This statute shall enter into force at a time to be determined by the Executive Council following its approval by the populace.

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