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173.36 LPA-VDLJPA CH-VD

Art. 8 Administrative Procedure Act (LPA-VD) - Conflicts of Jurisdiction

Chapter I, Section II, Subsection II
Open official source Full Act (122 Articles) Machine-readable Markdown (.md)

Art. 8 LPA-VD - Conflicts of Jurisdiction · Conflicts of Jurisdiction

1. When a party challenges the competence or incompetence of an authority, the authority shall decide on the matter.

2. Competence disputes between authorities are resolved by the Constitutional Court, in accordance with the Constitutional Jurisdiction Act [A].

← Art. 7 LPA-VD - Transmission and Exchange of Views Administrative Procedure Act (LPA-VD) - Purpose Art. 9 LPA-VD - Grounds →

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Court Decisions Applying This Provision (7)

CCST.2022.0009 · vd (Art. 8 al. 2 LPA-VD)
Conflict of Competence Regarding Tuition Fee Adjustment in Intercantonal University System
Cited to confirm that conflicts of competence between authorities are settled by the Constitutional Court according to the law on constitutional jurisdiction.
PE.2021.0122 · vd (art. 8 LPA-VD)
Residence Permit Denial Upheld After Dissolved Partnership
Cited as the basis for procedural admissibility of the appeal to the Cantonal Court.
PS.2020.0048 · vd (art. 8 al. 1 LPA-VD)
Appeal on Legal Aid Denial for Social Assistance Debt Remission
Cited in the reasoning section regarding the authority's duty to rule on its jurisdiction, which is relevant to the procedural finding leading to the declaration of inadmissibility in Order I.
GE.2011.0150 · vd (art. 8 al. 2 LPA-VD)
Valuation of Medico-Social Establishment Building Jurisdiction Dispute
Cited in the final section regarding the possibility for the District Court to refer the matter to the Constitutional Court if it contests jurisdiction.
GE.2011.0150 · vd (art. 8 al. 2 LPA-VD)
Medico-Social Establishment Valuation Jurisdiction Dispute
Cited in the final section concerning the procedure should the lower court intend to claim jurisdiction.
AI.575.09.292.2011 · vd (art. 8 al. 1 LPA-VD)
Insured Denied Disability Benefits Due to Refuted Psychiatric Claim
Cited in relation to the payment of court costs, which are imposed on the appellant.
GE.2008.0237 · vd (art. 8 al. 1 LPA-VD)
Student Appeal Jurisdiction Dispute Regarding Module Failure
This provision regarding the court ruling on competence is mentioned in the reasoning but not cited in the operative part (dispositive).