173.36 LPA-VDLJPA

CH-VD

Art. 36 Administrative Procedure Act (LPA-VD) - Restrictions

Chapter II, Section IV

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Art. 36 LPA-VD - Restrictions · Restrictions

1. The authority may, exceptionally, refuse access to the entirety or parts of the file if required by the investigation of the case or a prevailing public or private interest.

2. As soon as the reason justifying the restriction is no longer relevant, the authority shall inform the parties and grant them access to the withheld documents.

3. A document whose access has been denied to a party may not be used against them unless the authority has communicated the essential content of the document to them in writing and has given them an opportunity to express their views on it.

← Art. 35 LPA-VD - File Consultation Administrative Procedure Act (LPA-VD) - Purpose Art. 37 LPA-VD - Instruction Hearings →

Court Decisions Applying This Provision (8)

D.cision.2021.93 · vd (Art. 36 LPA-VD)

Prisoner Appeal Regarding Denial of Access to Surveillance Footage in Disciplinary Proceedings

Cited in the reasoning section regarding the justifiable refusal of dossier consultation, leading to the overall rejection of the appeal.

FI.2019.0189 · vd (art. 36 LPA-VD)

Usufructuary's Appeal for Full Access to Inheritance Tax File Denied Pending Inventory Establishment

Used extensively in the legal reasoning regarding the right to consult the file, but not cited in the operative part.

GE.2019.0173 · vd (art. 36 al. 1 LPA-VD)

Appeal Against Municipal Exclusion from Family Garden Plot Over Alleged Illicit Sublease and Lack of Due Process

Cited in the reasoning regarding exceptional refusal of file consultation.

GE.2010.0096 · vd (art. 36 al. 1 LPA-VD)

Employee Dismissal Upheld Despite Mobbing Allegations

This provision allowing exceptional refusal of file consultation was cited in the reasoning regarding the right to be heard.

GE.2011.0146 · vd (art. 36 LPA-VD)

Complainant v. Disciplinary Authority (Right to be Heard and Access to File)

Cited in order II as a reservation under which the access to the file may be restricted.

PS.2010.0033 · vd (art. 36 LPA-VD)

Social Benefits Reduction Appeals and File Access Dispute

Cited in the reasoning section regarding the exceptional cases where an authority may refuse access to the file.

AC.2010.0230 · vd (art. 36 al. 2 LPA-VD)

Property Owner Appeal Regarding Building Permit Denial and Access to Technical Notes and Legal Opinion

This provision was cited in the reasoning regarding the limitation or suppression of access to the file based on public or third-party interests.

AC.2010.0230 · vd (art. 36 al. 3 LPA-VD)

Property Owner Appeal Regarding Building Permit Denial and Access to Technical Notes and Legal Opinion

This provision was cited in the reasoning regarding when a document whose consultation was refused can be used against a party, although the dispositive did not issue a final order based on it, the rule in section 2.e suggests the court considered its application before reaching the conclusion that the risk of its influence did not exist.