Ordinance on Administrative Justice (VRPV) (VRPV)

1. This Regulation governs

a) the procedure before the administrative authorities of the canton, municipalities, corporations, other public-law entities, and public-law institutions

b) the procedure before commissions, private individuals, and private organizations, insofar as they issue decrees

c) the procedure before the Supreme Court as an administrative court

2. Subject to differing provisions of the federal government and the canton.

1. All bodies referred to in Article 1, which are authorized to make decisions, are considered authorities within the meaning of this Regulation.

2. Where this Regulation uses the masculine form for persons, it shall also apply to female persons.

1. Orders are considered to be decisions of the authorities in individual cases that finalize the instance, are sovereign, and are based on public law of the Confederation, the canton, the municipalities, the corporations, other public-law bodies, or public-law institutions, and that

a) establish, modify, or revoke the rights and obligations of specific individuals

b) determine the legal relationships of specific individuals

c) dismiss requests for the establishment, modification, revocation, or determination of the rights and obligations of specific individuals, do not address them, or declare them resolved by withdrawal, settlement, acknowledgment, or lack of pertinence

2. Orders also include enforcement and interim measures as well as the unlawful refusal or delay of an order.

3. Decisions and judgments rendered by the Supreme Court as an administrative court are equivalent to orders.

1. The jurisdiction of the authorities is determined by legislation.

2. Divergent agreements between authorities and parties are void. Arbitration clauses in public-law contracts remain reserved.

1. Authorities shall ex officio review their jurisdiction.

2. Submissions to an incompetent authority shall be forwarded ex officio to the competent authority, with notification to the sender.

3. The relevant time for the observance of deadlines is, in every case, the time of submission, even if it occurs at the incompetent authority.

1. An authority may determine its jurisdiction or lack of jurisdiction through an interim decision.

2. Jurisdictional conflicts between authorities are to be resolved by mutual agreement. If no agreement can be reached, the common supervisory authority shall decide.

1. The Law on Recusal (RB 2.2321) determines when a member of an authority must recuse themselves.

2. The provisions regarding recusal also apply to the court clerk and the secretary of an authority.

1. In administrative procedures and administrative court proceedings, natural and legal persons, as well as associations of persons affected by the decision, may participate.

1. If an administrative matter is likely to affect the rights and obligations of third parties, the authority may, ex officio or upon their request, offer them the opportunity to participate in the proceedings.

2. If an invited party participates in the proceedings, they shall have the same rights and obligations as the main parties involved.

1. The parties may be represented by a representative unless personal action or appearance is required.

2. In the proceedings before the High Court, professional party representation is governed by the Lawyers Ordinance (RB [9.2321](https://rechtsbuch.ur.ch/data/9.2321/de)).

2a

Additionally, persons are authorized to provide professional representation in tax and social security matters if they can demonstrate specific knowledge in the relevant subject area, the necessary knowledge of procedural law, and that they meet the personal qualifications as per Article 8 of the Federal Act on the Free Movement of Lawyers (SR [935.61](https://db.clex.ch/link/Bund/935.61/de)) by analogy. The High Court regulates the specifics in a regulation (RB [2.2347](https://rechtsbuch.ur.ch/data/2.2347/de)).

3. At the request of the authority, the representative must present a written power of attorney. Lawyers are considered to possess a power of attorney from the party they represent.

1. The authority acts ex officio, unless a specific provision requires an application or another action by a party involved.

1. Requests shall generally be submitted in writing, accompanied by an application and a brief justification, to the competent authority.

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

1. The authority may take precautionary measures to preserve the status or to protect threatened legal interests. In the case of collegiate authorities, the chairperson is authorized to do so in urgent cases.

2. For this purpose and for reasons of efficient administrative procedures, the authority may also issue procedural orders, such as the suspension, separation, and consolidation of proceedings.

**1. The Authority determines the facts and collects evidence ex officio, insofar as this is essential for the assessment.**

2. For this purpose, the Authority may question the parties and informants, summon documents, request official reports and expert opinions, conduct inspections, examine witnesses, or take other appropriate measures. If witnesses are examined, or obligations of cooperation or tolerance are imposed on third parties, the relevant provisions of the Code of Civil Procedure shall apply mutatis mutandis.

3. The parties are obliged to cooperate in determining the facts of the case. If they refuse, the Authority is not required to address the requests of these parties.

4. In the case of costly evidence measures, the parties must be heard beforehand.

5. The Authority may delegate the determination of the facts to an official agency.

1. The authorities shall observe the principles of the right to be heard in every proceeding that results in an order.

2. In urgent cases, the authorities may issue interim orders before the hearing.

3. The authority is not required to hear the parties

a) in interlocutory decisions that are not independently contestable

b) when the authority fully complies with the parties' requests

1. The parties involved may claim the right to inspect the files, unless prevailing public or private interests oppose it.

2. If the authority denies access to the files, it must record this in the files. The essential content of the document, for which access is denied, must be communicated to the extent possible without violating the interests to be protected.

1. The parties may submit new requests and refer to new facts and evidence at any stage before a decision is made, unless specific provisions oppose this.

1. The authority decides based on the facts of the case with free evaluation of the evidence. Unless otherwise provided, it is not bound by the requests of the parties involved. It applies the law ex officio.

1. The order must include

a) the facts, the legal principles, and the reasons on which it is based

b) the decision

c) the regulation of costs

d) the reference to the permissible ordinary appeal (type, deadline, and authority)

e) the recipients of the order

f) the date of dispatch and the required signatures

2. Written orders are to be designated as such and provided with the prescribed content, even if they are presented in the form of a letter.

1. Unless otherwise specified, the authority may issue its decision without a statement of reasons, provided that

a) the request is fully granted and neither the parties nor affected third parties request a statement of reasons

b) it concerns an interim decision that is not independently contestable

1. The decision shall be communicated in writing to the parties and any affected third parties.

2. In urgent cases, it may be communicated orally. It must be confirmed in writing without delay.

3. The period for legal recourse commences in any case from the time of written delivery.

4. A decision is considered to have been delivered in writing even if the recipient prevents the delivery.

5. If a party has a professional representative, the decision must be communicated to the representative.

6. If the decision cannot be delivered or is addressed to an indeterminate group of persons, it shall be communicated by publication in the official gazette.

1. Orders Triggering an Appeal Deadline Shall Not Be Communicated

a) during the eight days before and after Easter Sunday

b) during the period from December 18th to January 6th inclusive

1. Whoever initiates a proceeding frivolously or violates customs and decency during the proceeding may be fined up to 1,000 Swiss Francs. The authority responsible is the one with which the proceeding is pending.

1. The official language is German. Submissions, statements, evidence, and similar documents must be submitted in German or translated into German.

1. The principles of the coordination duty are analogously governed by Article 25a of the Federal Act on Spatial Planning (SR 700).

1. Insofar as neither federal law nor cantonal law explicitly stipulates otherwise, that procedure is regarded as the guiding procedure, which allows for an early and comprehensive assessment of the project.

2. The Executive Council shall determine the guiding procedure for the various projects in a regulation.

3. If the Executive Council's regulation contains no provision, and the involved authorities do not agree on which procedure is to be regarded as the guiding one, the Executive Council shall decide as the sole instance.

1. Any person with a legitimate interest may request the authority responsible for acts based on public law, which affect rights or obligations, to

a) refrain from, cease, or revoke unlawful acts

b) determine the unlawfulness of acts

c) eliminate the consequences of unlawful acts

2. The authority decides by issuance of an order.

1. Where the written form is required, communication with the authorities may also occur electronically in accordance with the provisions of this subsection.

2. Electronic transmission must be carried out via a recognized platform for secure delivery and must be accompanied by a recognized electronic signature.

3. Unless this regulation expressly provides otherwise, the provisions of the regulation concerning electronic transmission within the scope of an administrative procedure (SR 172.021.2) shall apply mutatis mutandis.

1. A platform recognized for secure delivery is one that is acknowledged by the federal government based on the Ordinance on Electronic Transmission in the Context of Civil and Criminal Proceedings as well as Debt Enforcement and Bankruptcy Proceedings (SR 272.1).

2. The executive council may recognize additional delivery platforms.

1. A recognized electronic signature is considered to be a qualified signature based on a qualified certificate from a recognized provider of certification services in accordance with the Federal Act on Electronic Signatures (SR 943.03).

1. Submissions and their attachments may be submitted electronically if the authority has permitted this form.

2. The authority shall publish its address for electronic submissions and the format permissible for transmission on the internet.

1. An authority may serve a decision to a party by electronic means, provided that the party has explicitly consented to this method of service through a written declaration.

2. The consent can be revoked at any time.

1. The parties involved may request the authority to reconsider its decision.

2. The authority is not obligated to consider the request for reconsideration, except

a) when the applicant presents significant facts or evidence that were not known to them in previous proceedings, or which they could not have known despite exercising due diligence;

b) when the applicant had no occasion in previous proceedings to present facts or evidence that were known at that time; or

c) when the circumstances have substantially changed since the initial decision.

1. The authority may alter or revoke an order it has issued at any time

a) if a party has obtained it through a criminal act,

b) if overriding public interests require it, or

c) if circumstances have substantially changed. Reserved are orders that, by explicit provision or by their nature, cannot be altered or revoked.

2. If an order is challenged by a regular legal remedy, the issuing authority may alter or revoke it in any case until the appellate body has rendered its decision.

1. The authority shall clarify or supplement a decision upon the request of a party if it is incomplete, unclear, or contains contradictions.

2. If the decision is amended or supplemented, any applicable deadline for legal remedies shall begin anew.

3. The request for clarification or correction must be submitted within the deadline for legal remedies.

4. The authority may correct clerical and calculation errors in a decision at any time. It must immediately inform the parties involved.

1. The time period commences from the legally specified date or from the date of written delivery.

2. The day the decision is announced does not count toward the calculation of the time period.

3. If the last day of the time period falls on a Saturday, Sunday, or a public holiday recognized by the state, the period ends on the next business day.

4. If the decision is announced without reasons and such reasons are requested within ten days, the period begins only from the time the reasoned decision is announced.

5. Written submissions must be received by the authority no later than the last day or be handed over to the Swiss postal service on their behalf.

1. Statutorily prescribed deadlines cannot be extended.

2. Deadlines set by authorities may be extended upon request for sufficient reasons, provided the request is made before the expiration of the deadline.

1. A missed deadline may be reinstated if the applicant or their representative was prevented from acting within the deadline through no fault of their own, and if they submit a substantiated request for reinstatement within ten days from the removal of the obstacle.

1. Procedural Costs Consist of Official Costs and Party Compensation.

2. Official Costs Consist of Fees for Official Activities (Such as Decision Fees, Writing Fees), the Costs of the Evidentiary Procedure, and Other Out-of-Pocket Expenses of the Authority.

3. Party Compensation is a Reimbursement for the Costs of Professional Legal Representation and for the Necessary Appearance of the Parties Before Authorities and Experts.

1. For official acts by the authorities, the prescribed official costs are to be reimbursed.

1. Official Costs are Borne by

a) In the first-instance administrative procedure, the party who has requested the official action or who has caused it through their behavior.

b) In the appellate and litigation procedure, the party who loses or whose appeal is not admitted. If the party only partially loses, only the corresponding part of the costs will be imposed on them.

2. Multiple parties shall bear the official costs imposed on them jointly in equal parts jointly and severally, unless the order specifies otherwise.

3. As a general rule, no official costs are imposed on the unsuccessful lower instances.

4. If justified by the circumstances, the authority may waive imposing the official costs on the parties.

1. The authority may require a reasonable advance payment of costs from anyone who requests an official act or initiates a procedure. In an internal administrative procedure, however, an advance payment of costs may only be required if significant administrative expenditure is anticipated and the payment of official costs appears to be at risk.

2. If the requested advance payment is not made within the specified period despite the threat of consequences, the official act may be omitted or the procedure dismissed.

1. The authority may grant a needy party free legal aid upon request, provided that the proceedings do not appear to be hopeless or frivolous. This grant exempts the party from bearing official costs and providing an advance for costs.

2. If circumstances require, the authority may appoint a lawyer practicing in the canton to assist a party free of charge.

3. If the formerly needy party subsequently attains favorable economic conditions, they must reimburse the waived official costs and the attorney's fees paid on their behalf. The authority responsible for reclaiming these costs is the instance that granted the free legal aid.

4. Authorities and official bodies are obliged to report changes in financial circumstances that come to their knowledge through their office to the instance responsible for reclaiming the costs. This instance must inform the relevant authorities and official bodies of the individuals to whom and when free legal aid was granted.

5. The claim and obligation for reimbursement expire ten years after the final resolution of the proceedings.

1. In proceedings before the first instance authorities, no party indemnities shall be awarded.

2. In appellate proceedings, in cases of denial of justice and judicial delay complaints, as well as in administrative legal proceedings, the authority shall, upon request, award a reasonable party indemnity to the party that has wholly or partially prevailed, provided that necessary and proportionately high costs were incurred in the proceedings.

3. The party indemnity is to be borne by the unsuccessful private party or, if no unsuccessful private party is involved in the proceedings, by the lower instance authority.

1. Furthermore, the ordinance on fees (RB 3.2512) applies, particularly concerning the amount of official costs and party compensation, and, insofar as not all legal questions can be answered by this alone, the ordinance on fees and compensation before judicial authorities (RB 2.3231) shall also apply.

1. Members of authorities and employees, who become aware of a crime in the course of their duties, are obligated to report it.

2. The obligation to report ceases to apply if the obligated person has a right to refuse testimony or to remain silent.

1. The objection obligates the first-instance authority to review its contested decision and to decide on the matter once again.

1. The objection is permissible where the legal system provides for it.

1. Unless otherwise determined by legislation, the objection period is twenty days.

2. The objection authority's power of review is not restricted. It may amend the contested decision in favor of or against the objector. If it intends to amend the contested decision to the detriment of the objector, it shall inform the objector and allow them to express their views on the matter.

1. The provisions regarding administrative appeals and the general procedural regulations shall apply otherwise.

1. An administrative appeal may be filed against all decisions of lower authorities with the appellate body, unless the possibility of further appeal is expressly excluded or otherwise regulated by a specific provision.

2. Interim decisions can only be contested if they inflict an irreparable disadvantage on the concerned party.

1. Appeals against orders issued by final-instance municipal and corporate authorities, as well as appeals against orders from other authorities that are directly or indirectly subordinate to the Government Council, shall be directed to the Government Council.

2. Orders issued by corporate citizen municipalities are subject to prior internal corporate appeal procedures.

3. Exceptions are made for differing provisions under federal and cantonal law.

1. An order is considered coordinated if it complies with the principles of coordination according to Article 24.

2. Coordinated orders can be directly appealed to the Government Council. It, in turn, ensures a coordinated handling of the appealed orders.

1. Entitled to File an Administrative Appeal

a) any individual affected by the contested order and having a legitimate interest in its revocation or amendment

b) any other person, organization, or authority authorized under federal or cantonal law to lodge a complaint

2. In the case of coordinated orders, any person who fulfills the requirements under paragraph 1 for one or more of the coordinated orders is entitled to file a comprehensive appeal.

1. An administrative appeal may be used to challenge any deficiencies in the procedure and the contested decision, unless otherwise specified by legislation.

2. New claims are not permissible. However, new factual assertions and the introduction of new evidence are allowed, provided they are related to the subject matter of the dispute.

1. Insofar as federal or cantonal law does not prescribe a different period, the administrative appeal must be submitted in writing to the appellate body within twenty days from the notification of the contested decision.

2. If a coordinated decision is contested, the longest appeal period of a decision also applies to all other coordinated decisions.

1. The notice of appeal must include a petition and a statement of reasons. The contested decision must be attached or, if that is not possible, precisely identified.

2. Evidence that the appellant relies on must be specified and attached to the extent possible.

3. If the notice of appeal does not meet these requirements, the appellate authority shall set a short deadline for the appellant to remedy the deficiency. It shall simultaneously warn that if the deficiency is not remedied, the appeal will not be considered.

1. The administrative appeal has a suspensive effect unless the lower instance orders otherwise for important reasons.

2. The appeal instance may issue a contrary order. In urgent cases, the chairman of collegiate authorities is empowered to do so.

1. The competent directorate manages the complaint procedure. It may delegate the procedural management to the competent office.

2. If the administrative appeal is to be admitted and does not prove to be manifestly unfounded, the records of the previous instance shall be consulted.

3. The previous instance and other participants shall be given the opportunity to comment on the complaint.

4. The procedural management may order an additional exchange of written submissions. It may summon the parties to an oral hearing and conduct further evidence proceedings.

5. In suitable cases, the procedural management seeks an amicable settlement.

1. **The Appeal Instance Reviews the Appeal**

The appeal instance reviews the appeal without being bound by the requests of the parties involved. It may modify the contested decision in favor of or against a party. If it intends to change the order to the detriment of the appellant, it informs them of this and allows them to comment on it beforehand.

2. Unless otherwise dictated by the nature of the dispute, the factual and legal circumstances at the time of the appeal decision are decisive.

3. The appeal decision must be reasoned - subject to Article 20 - and communicated in writing to the appellant, other affected parties, and the lower instance.

1. The general procedural provisions apply in all other respects.

1. The Administrative Court Appeal is the appeal to the Supreme Court against a final decision of an administrative authority.

2. It is permissible

a) against decisions of the Government Council, insofar as the legislation does not exclude or regulate further appeal differently

b) against decisions of other authorities, insofar as the legislation expressly provides for further appeal to the Supreme Court

1. The administrative court complaint is inadmissible against

a) Decisions that can be appealed to the Federal Administrative Court

b) Decisions in federal voting rights matters

c) Acts of the cantonal government council in cantonal voting rights matters

d) The enactment and approval of plans not binding on landowners

e) The granting, refusal, or transfer of concessions for which the legal order does not confer a right

f) The resolution of supervisory complaints

g) The decision on pardon applications

h) Orders declared as final by legislation

2. If the administrative court complaint is inadmissible in the main matter, it is also inadmissible against interim decisions as well as against associated procedural costs, compensations, and enforcement orders, insofar as their legal infringement coincides with that of the main matter.

1. The administrative court appeal is, however, admissible in every case if superior law requires judicial review by a cantonal court instance.

1. The administrative court appeal must be filed directly with the Superior Court.

1. With the administrative court appeal, any legal violation that is essential for the assessment of a dispute can be contested.

2. Legal violations particularly include

a) the incorrect application and the non-application of a legal provision or a generally recognized legal principle

b) the incorrect legal assessment of a fact

c) the misuse or the exceeding of discretion

d) the violation of essential procedural and formal provisions

3. Furthermore, with the administrative court appeal, any incorrect or insufficient determination of the legally relevant facts can be contested.

4. The administrative court appeal cannot be raised merely due to the inappropriateness of the decision, unless the superior court acts as the first instance of legal remedy or its judgment can be forwarded to a federal instance with unrestricted reviewing authority.

1. New claims are not permitted. However, the parties may present new factual allegations and submit new evidence if they are related to the subject matter of the dispute and have become necessary due to the contested decision.

1. The administrative court appeal must be filed with the Higher Court within twenty days from the notification of the contested decision.

2. Federal deadlines are reserved.

1. If additional evidence is required to clarify the facts of the case, it shall be collected ex officio. The conduct of the evidentiary proceedings may be wholly or partially delegated to a division of the court or the presiding judge.

2. The parties shall be given the opportunity to comment on the results of the evidentiary proceedings.

3. All authorities and their administrative offices are obligated to provide information to the Supreme Court.

1. The higher court or the presiding judge may, even if it is not legally required or the parties waive it, order an oral closing argument.

2. Oral closing arguments are public unless the court excludes the public due to overriding public interests or protectable private interests.

1. The higher court must not exceed the claims of the appellant and must not amend the contested decision to the appellant's detriment.

2. If the court upholds the appeal, it will rule on the matter itself, or it will refer the case back to the lower court for a new assessment. The court may refer the matter back particularly if the lower court has not heard the case, or if it has inadequately established the facts.

3. The judgment must be reasoned and communicated to the parties in writing. If possible, it should be delivered in operative part beforehand.

4. To the extent required by law or where there is a public interest, the decision shall be made accessible to the public.

5. For decisions subject to appeal to the Federal Court, the required content is determined in accordance with Article 112 paragraph 1 of the Federal Court Act (SR 173.110).

1. The provisions of the Code of Civil Procedure relating to court holidays shall apply mutatis mutandis to the Administrative Court.

1. The provisions regarding administrative appeals and the general procedural regulations shall apply otherwise.

1. If higher-ranking law dictates that a decision of the Supreme Court acting as an administrative court can be reviewed by a cantonal judge, the entire Supreme Court is responsible for this.

2. The provisions regarding the administrative court appeal are to be applied.

1. The Superior Court adjudicates as the sole instance the following administrative legal actions

a) Disputes arising from public-law contracts

b) Disputes arising from concessions, particularly those between the concession authority and the concessionaire, between concessionaires themselves, as well as between concessionaires and other entitled users

c) Property-related disputes between private individuals and public entities or among public entities themselves, insofar as they are based on public law and the legislation does not designate another authority as the first instance. Public entities are considered to include all institutions represented by authorities within the meaning of this regulation

d) Property-related disputes arising from an employment relationship subject to public law, including disputes regarding claims against a public personnel insurance fund

e) Disputes arising from federal law, particularly from social insurance law, insofar as the legal recourse is provided for under federal or cantonal law

f) Other disputes for which the legislation provides for an administrative legal action

1. The action is inadmissible if the objection, the administrative appeal, or the administrative court appeal is permissible under this regulation.

1. The President of the Court presides over the proceedings.

1. The Complaint must be submitted directly to the Superior Court in two copies. It must contain a petition and a statement of reasons. If the Complaint does not meet these requirements, the President of the Superior Court shall set a short deadline for the plaintiff to remedy the deficiency, with the warning that otherwise the complaint will not be admitted.

2. The evidence upon which the plaintiff relies must be identified and, as far as possible, attached to the Complaint.

1. Any person who is given the opportunity to participate in the proceedings pursuant to Article 9 of this Regulation must declare in writing within the set deadline whether they wish to participate in the proceedings.

2. If an invited party participates in the proceedings, they shall have the same rights and obligations as the main parties. In particular, they may file legal remedies, and procedural costs may be imposed on them. The judgment shall also be binding on the invited party due to their inclusion in the proceedings.

1. The defendant and the accessory party shall be given the opportunity to respond to the complaint in writing. This response to the complaint must be submitted in duplicate. The evidence must be specified and attached as far as possible.

2. The presiding judge may order a further exchange of written submissions or summon a hearing. He may present the parties with a written settlement proposal.

1. The higher court assesses the petitions of the parties freely in both factual and legal respects.

2. The court may neither award the plaintiff more nor something different from what is claimed, nor less than what the defendant has acknowledged. Exceptions are reserved for differing provisions of federal law and cantonal law.

1. The higher court or the presiding judge may order an oral closing argument, even if it is not legally required or the parties waive it.

2. Oral closing arguments are public unless the court excludes the public due to overriding public interests or legitimate private interests.

1. The provisions regarding administrative court appeals and the general procedural regulations shall apply mutatis mutandis.

1. The purpose of the appeal is to annul a formally binding appellate decision and to initiate a new administrative procedure.

1. The authority shall reopen a legally binding appellate decision upon request if it emerges from a criminal proceeding that a crime or misdemeanor has influenced the decision.

2. The conviction of the perpetrator is not necessary to prove the grounds for revision. If a criminal proceeding is not possible, the grounds for revision can also be proven otherwise.

1. The authority will review its final appellate decision upon request if new significant facts or evidence are presented subsequently.

2. The applicant must credibly demonstrate that despite reasonable diligence, they were unable to present the new facts or evidence in the previous proceedings or through a legal remedy, or that they omitted to do so for justifiable reasons.

1. The parties are entitled to submit an application for revision.

2. The application for revision must specifically demonstrate the grounds for revision and the timely submission thereof, as well as include motions for the event that a new decision on the matter is rendered.

1. Appeals are decided by the appellate authority that issued the contested decision.

1. The application for revision must be submitted in writing within ninety days from the discovery of the grounds for revision. After ten years from the issuance of the contested appellate decision, revision can only be requested if a criminal act is alleged as the ground for revision.

1. The appellate authority may suspend or defer the execution of the contested order or take further provisional measures. It may make this conditional upon the applicant providing security.

1. If the prerequisites for an appeal are met, the appellate authority shall overturn the challenged decision and make a new decision on the matter.

2. It may remit the matter back to the lower instance for a new ruling.

1. If the issuance of a decision is unlawfully refused or delayed, an appeal may be filed with the supervisory authority at any time.

2. The regulations concerning administrative appeals and the general procedural provisions are to be applied accordingly.

1. Any person may report facts to the supervisory authority which necessitate official intervention against an authority in the public interest.

2. The informant does not have the rights of a party involved. However, they are entitled to be informed of the manner in which the matter is resolved, provided that the report is not unfounded or malicious.

3. The enforcement of the contested order or official action is only suspended by the supervisory complaint if so ordered by the supervisory authority or its chairperson.

4. If the supervisory complaint is justified, the supervisory body shall take the necessary measures.

1. Non-pecuniary disputes between municipal entities subordinated to the Canton are adjudicated by the Government Council, provided that the dispute is based on public law and cannot be resolved by a decree.

2. If the Canton is involved in such a dispute, the High Court decides.

3. The procedure is governed mutatis mutandis by the provisions concerning administrative legal action.

1. Orders are enforceable once no regular legal remedy is permissible or if the appeal does not have a suspensive effect, or if such effect has been revoked.

1. The enforcement of an order is the responsibility of the authority that made the initial decision.

2. The official costs of an appeal procedure are collected by the relevant appellate authority.

1. Orders that oblige a party to make a monetary payment or provide security are equivalent to enforceable court judgments within the meaning of the Federal Act on Debt Enforcement and Bankruptcy (SR 281.1).

1. Judgments rendered by the Higher Court in administrative legal proceedings are enforced according to the provisions of the Code of Civil Procedure.

1. If the order obligates a person to perform an act, tolerate something, or refrain from acting, and there is no imminent danger, the enforcement must initially be threatened with a reasonable deadline for compliance. The threat is not subject to appeal.

2. If the deadline passes without compliance, enforcement takes place either through substituted performance or by direct coercion. The authority may commission a third party to carry out the substituted performance. If necessary, it may seek police assistance.

3. If the substituted performance is ordered at the expense of the obligated party, the cost decisions are equivalent to an enforceable order.

1. In addition to substitute performance and direct coercion, the authority may impose the penalty after prior warning as provided by the applicable decree in the event of non-compliance.

2. If the applied decree does not contain a penalty provision, a fine may be threatened in accordance with Article 292 of the Swiss Criminal Code (SR 311.0).

3. Fines are awarded to the community whose authorities issued the penal order. If the penal order is contested and confirmed in whole or in part in criminal order proceedings or in ordinary criminal proceedings, the fine is awarded to the canton.

1. Administrative penalties can be contested in writing and with reasons submitted to the public prosecutor's office within ten days of notification, unless otherwise specified by legislation.

2. The public prosecutor's office decides whether to dismiss the proceedings, issue its own penalty order, or file an indictment with the court of first instance. The procedure shall be conducted in accordance with the provisions regarding penalty order proceedings.

3. The public prosecutor's office and the courts shall provide the first-instance administrative authority with a copy of the final and legally binding decision.

4. All penalty orders issued by administrative authorities that are not handled through summary fine proceedings must also be submitted to the public prosecutor's office. The latter may issue a penalty order instead of the penalty order issued by the administrative authority or initiate ordinary criminal proceedings. Should the public prosecutor's office intend to do so, it must inform the issuing administrative authority and the affected party within ten days. Otherwise, the penalty order becomes final.

5. The public prosecutor's office is responsible for the conversion of fines imposed by administrative authorities into substitute custodial sentences or community service.

1. Each authority shall conclude the proceedings that are pending with it at the time this regulation comes into force in accordance with the previously applicable provisions.

2. All further administrative proceedings, as well as any subsequent appeal procedures and enforcement, shall be governed by this regulation.

1. The following enactments are repealed

1. Law of May 4, 1851, on the Publicity of District Council and Court Proceedings

2. Ordinance of February 27, 1964, concerning the Running of Deadlines on Saturdays

3. Regulation of March 15, 1993, on the Implementation of the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR)

1. The amendments and supplements to other decrees can be found in the annex, which is an integral part of this regulation.

1. This regulation is subject to an optional referendum. The government council determines when it comes into force. It may bring it into force gradually.