Legislator Case Law & Legislation
162.1 VRGLJALGA CH-ZG

Act on Judicial Review in Administrative Matters (Verwaltungsrechtspflegegesetz, VRG) - Principle (VRG)

112 Articles / Provisions · Switzerland · Canton of Zug
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Table of Provisions (112)

§ 1 Administrative Justice Act, AJA - Principle § 2 Administrative Procedure Act, APA - Authorities § 3 Administrative Justice Act, AJA § 3a Administrative Jurisdiction Act, AJA § 4 Administrative Procedure Code, APC - Decisions § 5 Administrative Procedure Act, APA § 6 Administrative Procedure Act, APA - Principle § 7 Administrative Procedure Act, APA § 8 Administrative Jurisdiction Act, AJA § 9 Administrative Adjudication Act, AAA § 9a Administrative Procedure Act, APA § 9b Administrative Procedure Act, APA § 9c Administrative Jurisdiction Act, AJA § 9d Administrative Judiciary Act, AJA § 10 Administrative Procedure Act, APA - Calculation § 11 Administrative Jurisdiction Act, AJA § 12 Administrative Procedure Act, APA § 13 Administrative Justice Act, AJA § 14 Administrative Procedure Act, APA § 14a Administrative Procedure Act, APA § 15 Administrative Procedure Act, APA § 16 Administrative Procedure Act, APA § 17 Administrative Jurisdiction Act, AJA - Precautionary Measures § 18 Administrative Procedure Act, APA § 19 Administrative Procedure Act, APA - Opening § 20 Administrative Procedure Act, APA § 21 Administrative Procedure Act, APA § 21a Administrative Procedure Act, APA § 22 Administrative Procedure Act, APA § 22a Administrative Procedure Act, APA § 23 Administrative Procedure Act, APA § 24 Administrative Justice Act, AJA § 25 Administrative Procedure Act, APA § 26 Administrative Justice Act, AJA § 27 Administrative Procedure Act, APA § 28 Administrative Justice Act, AJA - Party Compensation § 29 Administrative Procedure Act, APA § 30 Administrative Procedure Act, APA § 31 Administrative Procedure Act, APA - Compensation § 32 Administrative Procedure Act, APA § 33 Administrative Jurisdiction Act, AJA - Administrative Fines § 34 Administrative Procedure Act, APA § 35 Administrative Procedure Act, APA § 36 Administrative Procedure Act, APA - Objection Period § 37 Administrative Procedure Act, APA § 38 Administrative Jurisdiction Act, AJA § 39 Administrative Procedure Act, APA § 40 Administrative Procedure Act, APA § 41 Administrative Procedure Act, APA § 42 Administrative Procedure Act, APA - Grounds for Appeal § 43 Administrative Court Procedures Act, AC § 44 Administrative Judicial Procedure Act, AJPA § 45 Administrative Procedure Act, APA - Suspensive Effect § 46 Administrative Procedure Act, APA § 47 Administrative Jurisdiction Act, AJA § 48 Administrative Procedure Act, APA § 51 Administrative Judicial Procedure Act, AJPA § 52 Administrative Procedure Act, APA - Supervisory Complaint § 53 Administrative Procedure Act, APA § 53a Administrative Procedure Act, APA § 54 Administrative Procedure Act, APA § 54a Administrative Procedure Act, APA § 55 Administrative Procedure Act, APA § 55a Administrative Procedure Act, APA § 55b Administrative Justice Act, AJA § 56 Administrative Procedure Act, APA § 57 Administrative Procedure Act, APA § 58 Administrative Procedure Act, APA § 59 Administrative Procedure Act, APA § 60 Administrative Procedure Act, APA - Supervision § 61 Administrative Procedure Act, APA § 62 Administrative Procedure Act, APA § 63 Administrative Procedure Act, APA § 64 Administrative Procedure Act, APA § 65 Administrative Procedure Act, APA § 66 Administrative Procedure Act, APA § 67 Administrative Procedure Act, APA § 68 Administrative Procedure Act, APA § 69 Administrative Procedure Act, APA § 70 Administrative Procedure Act, APA - Appeal Procedure - Final Hearing § 71 Administrative Justice Act, AJA - Power of Review § 72 Administrative Procedure Act, APA - Judgment § 73 Administrative Procedure Act, APA § 74 Administrative Procedure Act, APA § 75 Administrative Jurisdiction Act, AJA - According to Federal Law § 76 Administrative Procedure Act, APA § 77 Administrative Procedure Act, APA § 80 Administrative Jurisdiction Act, AJA § 81 Administrative Justice Act, AJA § 82 Administrative Procedure Act, APA § 83 Administrative Procedure Act, APA § 84 Administrative Procedure Act, APA § 85 Administrative Procedure Act, APA - Procedure - Final Hearings and Judgment § 86 Administrative Procedure Act, APA § 87 Administrative Procedure Act, APA § 88 Administrative Procedure Act, APA - Deadline § 89 Administrative Procedure Act, APA § 90 Administrative Procedure Act, APA - Suspension of Execution § 91 Administrative Procedure Act, APA § 92 Administrative Procedure Act, APA - Principle § 93 Administrative Procedure Act, APA - Jurisdiction § 94 Administrative Procedure Act, APA § 95 Administrative Procedure Act, APA § 96 Administrative Procedure Act, APA § 97 Administrative Procedure Act, APA § 98 Administrative Procedure Act, APA § 99 Administrative Procedure Act, APA § 100 Administrative Procedure Act, APA § 101 Administrative Jurisdiction Act, AJA - Pending Proceedings § 102 Administrative Procedure Act, APA - Dissolution of the Appeal Commission § 103 Administrative Procedure Act, APA § 105 Administrative Procedure Act, APA - Eligibility Requirements

Statutory Text (112 Articles)

Scope and Terms - Scope

1. This Act governs

1. the procedure before administrative authorities;

2. legal protection in administrative disputes.

2. Federal law remains reserved.

Scope and Terms - Scope

1. The following authorities are subject to this law

1. the administrative authorities of the canton and the municipalities;

2. the cantonal administrative court.

2. If individual offices, persons, and commissions are authorized to make decisions, they are considered authorities within the meaning of this law.

Scope and Terms - Scope

1. This law applies mutatis mutandis to other corporations and institutions under cantonal public law, to government appointees, as well as to private individuals and private law organizations that perform public duties and have decision-making authority.

Scope and Definitions - Definitions

1. Submissions within the meaning of this law refer to actions taken by the parties in proceedings before the administrative authorities of the canton and municipalities, as well as before the cantonal administrative court, which are aimed at achieving a specific legal effect.

Scope and Definitions - Definitions

1. Decisions within the meaning of this law include orders and determinations made by the administrative authorities subject to this law with sovereign effect, as well as judgments of the administrative court.

Scope and Definitions - Definitions

1. Parties are considered to be individuals whose rights or obligations are to be affected by the decision, as well as other individuals, organizations, or authorities entitled to a legal remedy against the decision, and the authorities whose decision is being challenged.

General Provisions - Jurisdiction

1. The territorial and subject-matter jurisdiction of the authorities is determined by legislation.

2. The authorities shall examine their jurisdiction ex officio.

General Provisions - Jurisdiction

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

2. For the compliance with deadlines, the decisive factor is the time of submission to the incompetent authority.

General Provisions - Recusal and Challenge

1. For the municipal authorities, the recusal provisions of the Municipal Law apply, and for the cantonal authorities, those of the Rules of Procedure of the Council of State apply.

General Provisions - Recusal and Rejection

1. Judges and judicial clerks shall recuse themselves if they

a) have a personal interest in the matter;

b) have served in another capacity, particularly as a member of an authority, as legal counsel to a party, as an expert, or as a witness in the same matter;

c) are married to a party, its representative, or any person who acted as a member of a lower instance in the same matter, or are in a registered partnership or permanent cohabitation with such a person, or are related or connected by marriage in direct line or up to and including the third degree of the collateral line;

d) could be biased for other reasons, especially due to special friendship or personal animosity with a party or its representative.

2. Participation in a previous proceeding of the Administrative Court does not in itself constitute a ground for recusal.

3. If a ground for recusal arises, the person concerned must promptly inform the chairperson of the panel.

4. A party must submit a recusal request in writing as soon as it becomes aware of the ground for recusal. The facts justifying recusal must be credibly demonstrated.

General Provisions - Electronic Submissions and Access to E-Government Services

1. Submissions may be filed electronically if the authority offers electronic transmission in the relevant procedure.

General Provisions - Electronic Submissions and Access to E-Government Services

1. Electronic submissions can be filed online or using the electronic identification solution of the Canton of Zug. Submissions for which a written form is legally required must be transmitted using the electronic identification solution of the Canton of Zug, utilizing transaction codes or an electronic signature in accordance with federal law requirements. Appeals and legal remedies can be submitted via a delivery platform recognized under federal law.

2. In justified exceptional cases, the authority may require that the submission made electronically and the associated documents be subsequently submitted in paper form. Furthermore, it may exclude certain types of documents from electronic submission due to technical or operational reasons that make them unsuitable for electronic transmission.

3. The government council regulates the requirements for electronic submissions, particularly the permissible communication channels, the user account necessary for operating the electronic identification solution, the required personal data and identifiers, as well as their processing, logging, and the electronic signature to be used. The delivery of the customer number and the initial password for activating the user account will occur through two separate mailings, with the initial password being sent by registered mail.

General Provisions - Electronic Submissions and Access to E-Government Services

1. The authority may offer electronic access to its own cases and data. Access is provided through the electronic identification solution of the Canton of Zug.

General Provisions - Electronic Submissions and Access to E-Government Services

1. Users of the electronic identification solution of the Canton of Zug are liable for damages resulting from the misuse of their access credentials and one-time password.

2. Liability is waived if the users can credibly demonstrate that they have taken the necessary and reasonable security precautions under the circumstances to prevent misuse of their access credentials and one-time password.

3. The government council regulates the security precautions in the sense of paragraph 2.

General Provisions - Deadlines

1. If a period requires notification to the parties, the period begins to run on the day following its notification.

2. If the period does not require notification to the parties, it begins to run on the day following its triggering.

3. A period expires at midnight on the last day. If the last day is a Saturday, a Sunday, or a public holiday, the period ends on the next working day.

4. The following are considered public holidays: New Year's Day, Berchtold's Day, Good Friday, Easter, Easter Monday, Ascension, Pentecost, Whit Monday, Corpus Christi, National Day, Assumption of Mary, Prayer Day, All Saints' Day, Immaculate Conception, Christmas, and St. Stephen's Day.

General Provisions - Deadlines

1. A statutory deadline cannot be extended.

2. An administrative deadline may be extended if a request is submitted before the deadline expires and a sufficient reason is credibly demonstrated.

3. A missed deadline can be reinstated if the requesting party or their representative was unavoidably prevented from acting within the deadline, and they submit a substantiated request for reinstatement within ten days of the obstacle being removed.

General Provisions - Procedural Regulations

1. The authority may conduct inquiries with parties and third persons, examine documents, carry out inspections, and obtain expert reports to establish the facts of the case.

2. The government council, the heads of departments, the general secretaries, as well as the administrative court and its general secretary, additionally have the right to formally question parties and witnesses.

General Provisions - Procedural Regulations

1. For the evidentiary procedure, in particular the duty to testify, the right to refuse testimony, the production of documents, the inspection, the experts, and the sanctions for non-compliance with obligations in the evidentiary procedure, the corresponding provisions of the Swiss Code of Civil Procedure (ZPO) of December 19, 2008, apply mutatis mutandis.

2. The evidentiary provisions of the tax legislation remain reserved.

General Provisions - Procedural Regulations

1. Public law shall be enforced in a coordinated manner by the cantonal and municipal authorities. The duty of coordination generally lies with the authority responsible for the main procedure, in particular the building permit authority.

General Provisions - Procedural Regulations

1. The authority grants the parties the right to be heard before making a decision.

2. In cases of urgency, interim measures may be taken prior to the hearing.

General Provisions - Procedural Regulations

1. The parties are entitled to inspect the files, unless overriding public or private interests oppose such inspection.

1a. The authority may allow access to or deliver files electronically, if the party explicitly consents to it.

2. Any refusal of access must be noted in the files. The essential content of any document for which access is refused must be communicated as far as is possible without infringing the interests that must be protected.

General Provisions - Procedural Regulations

1. The authority may take precautionary measures to preserve the condition or to protect threatened legal interests.

**General Provisions - The Decision**

1. In the legal assessment of the established facts, the authority applies the law ex officio.

General Provisions - The Decision

1. The decision is issued in writing and must include

1. the judgment;

2. the cost ruling;

3. the instruction on legal remedies;

4. the dates of the decision and its dispatch.

2. Decisions drafted in letter form must be identified as such.

**General Provisions - The Decision**

1. The decision should generally be accompanied by written reasons.

2. In the case of unilateral administrative decisions, a written justification may be omitted if they fully comply with the request of the applying party and do not affect the rights of third parties.

3. Decisions on legal remedies may be communicated in the operative part without reasons or with a brief justification, upon which any party may request a fully reasoned decision in writing within 30 days from the notification. Otherwise, it becomes final and binding.

**General Provisions - The Decision**

1. The decision shall be delivered to the parties by mail. If a party is represented, the authority shall deliver their communication to the representative as long as it has not been informed of the termination of the representation relationship.

1a. Notification can be made electronically if the party expressly agrees. Decisions must be provided with an electronic signature in accordance with federal law requirements. The government council regulates the requirements for electronic notification.

2. Partial decisions should, if possible, be delivered together. The duty of coordination generally rests with the authority responsible for the main proceedings, namely the building permit authority.

3. If a decision is exceptionally delivered orally, it must be confirmed in writing and delivered. In this case, the deadline for legal remedies begins with the delivery of the written confirmation.

4. If delivery proves to be impossible, the communication must be made by public announcement in the official gazette.

**General Provisions - The Decision**

1. Anyone who has a legitimate interest may request from the authority responsible for actions based on public law of the Federation or the Canton and affecting rights and obligations, that it

a) refrain from, discontinue, or revoke unlawful actions;

b) eliminate the consequences of unlawful actions;

c) establish the unlawfulness of actions.

2. Its orders and determinations are decisions.

General Provisions - Costs and Party Compensation

1. Administrative authorities shall charge fees for their official acts according to a tariff.

2. ...

General Provisions - Costs and Party Compensation

1. The Administrative Court imposes a decision fee for the costs and expenses of the court proceedings, as well as a fee for the costs of services rendered outside of the court proceedings, unless legislation explicitly stipulates exemption from costs.

2. The procedural costs are determined based on time expenditure, the complexity of the case, and the amount in dispute or the actual interest in dispute. The decision fee typically ranges from 400 to 15,000 Swiss Francs. In extraordinary cases, there is no adherence to the lower or upper assessment limit.

3. The fees for services outside of court proceedings are generally calculated based on time expenditure, at a rate of 90 Swiss Francs per hour. In cases of particularly low effort and in requests for scientific purposes or from official bodies, the fee may be appropriately reduced or waived.

4. The Administrative Court issues implementing provisions concerning the costs. It may, in particular, provide for the collection of fixed fees for certain services.

General Provisions - Costs and Party Compensation

1. Costs shall be borne by

1. in the initial administrative procedure: the party that requests the official action in their own interest or prompts it through their conduct;

2. in the objection procedure: the party, if they have raised the objection frivolously;

3. in the appeal procedure before administrative authorities and in proceedings before the administrative court: the unsuccessful party.

2. If no party entirely prevails in the appeal procedure or in the administrative court process, costs shall be divided in proportion to the extent to which the parties are unsuccessful.

3. Costs unnecessarily caused by a party shall be imposed solely on that party, irrespective of the outcome of the procedure.

4. Exemption from costs according to §§ 24 and 25 remains reserved.

General Provisions - Costs and Party Compensation

1. The deciding authority does not impose any costs on the community to which it belongs, nor on its other authorities within the meaning of § 2 of this law.

2. Costs are imposed on other communities and their authorities if they have an economic interest in the proceedings or if they have caused the proceedings due to a gross procedural defect or an obvious legal violation.

3. The costs arising from the assertion of expropriation rights are borne by the expropriator. In cases of obviously abusive requests or clearly exaggerated claims, costs may be imposed wholly or partially on the expropriated party.

General Provisions - Costs and Party Compensation

1. In Special Cases, Especially When

a) the parties have no economic interest in the dispute, or

b) a proceeding is settled by withdrawal or settlement, or

c) the public interest in clarifying a legal issue justifies it,

General Provisions - Costs and Party Compensation

1. The authority may demand a reasonable advance payment of costs from the party requesting an official act or initiating a procedure.

2. If the requested advance is not paid within the set deadline despite a warning of the consequences, the official act may be omitted, or the procedure may be dismissed.

General Provisions - Costs and Party Compensation

1. If a party lacks the necessary means and their request does not appear to be manifestly without prospect, the deciding authority may grant them free legal aid.

2. Upon a justified request, free legal representation may be granted along with the approval of free legal aid if it is necessary to protect the rights of the party.

3. The legal representative is entitled to reasonable compensation from the appointing authority to the extent that the effort for representation cannot be covered by an awarded party compensation.

General Provisions - Costs and Party Compensation

1. In proceedings before the first-instance administrative authorities, no party compensation shall be awarded.

2. In appellate proceedings, the party that is entirely or partially successful shall be awarded party compensation at the expense of the unsuccessful party, in accordance with the degree of their success.

1.* ...

2.* ...

2a. In general, no party compensation shall be awarded to the Confederation, cantons, municipalities, or organizations entrusted with public-law tasks when they prevail within their official capacity.

3. In proceedings concerning administrative legal claims, the losing party is generally obliged to reimburse all necessary costs and expenses incurred by the opposing party. If the decision is not entirely in favor of one party, or if a party has increased the costs through unnecessary complexity or obstruction, a proportional sharing of costs typically occurs. If a party does not receive significantly more from the decision than what was offered by the opposing party for an amicable settlement, they may be held liable for all costs.

4. The expropriator is obligated to pay fair compensation for the necessary extrajudicial costs incurred by the expropriated party in the objection, conciliation, and appraisal procedures. If the demands of the expropriated party are rejected in whole or in greater part, the awarding of party compensation may be partially or entirely omitted. In cases of blatantly abusive demands or excessively high claims, the expropriated party may be required to pay party compensation to the expropriator.

General Provisions - Amendment or Revocation of Administrative Decisions

1. The authority may, for important reasons, amend or repeal its decisions ex officio or upon request outside of a revision procedure, unless specific regulations, the principle of good faith, or other generally recognized legal principles exclude or limit this.

General Provisions - Amendment or Revocation of Administrative Decisions

1. Under the same conditions, the superior administrative authority, outside of an appeal procedure, may compel the subordinate authority, either ex officio or upon request, to annul or amend a decision. In the event of refusal, the superior authority shall issue the necessary orders.

General Provisions - Amendment or Revocation of Administrative Decisions

1. If a person, who has made expenses or arrangements in good faith based on a decision that is later annulled or modified, incurs damage due to the annulment or modification, they are entitled to reasonable compensation, provided they are not at fault for the annulment or modification of the decision. The claim is directed against the public authority whose body made the annulled or modified decision.

General Provisions - General Regulatory Instructions

1. Illegible submissions and those with inappropriate content or excessive verbosity may be rejected with a deadline set for revision, with the warning that otherwise they will remain disregarded.

General Provisions - General Regulatory Provisions

1. Improper or obstructive behavior may be penalized with fines of up to CHF 5000.

The Appeal Procedure Before Administrative Authorities - The Objection

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

2. The review authority of the objection instance is unlimited.

The Appeal Procedure before Administrative Authorities - The Objection

1. The objection is admissible in the cases provided for by law.

The Appeal Procedure before Administrative Authorities - The Objection

1. Insofar as cantonal or federal law does not prescribe a different period than 20 days, the objection period is 20 days from the notification.

2. The objection has a suspensive effect.

The Appeal Procedure before Administrative Authorities - The Objection

1. The objection must be submitted in writing and should contain an application and a justification.

2. The evidence on which the objector relies must be specified and attached insofar as possible.

The Appeals Process before Administrative Authorities - The Objection

1. In the objection procedure, new facts can be asserted and new motions can be filed.

2. The objection instance is not bound by the motions of the parties. It may amend the contested decision in favor of or against a party.

3. Unless the nature of the dispute dictates otherwise, the factual and legal circumstances at the time of the objection decision are decisive.

1. The Appeals Process Before Administrative Authorities - General Administrative Complaint

1. The Administrative Appeal is the formal contestation, subject to a deadline, of decisions made by lower administrative authorities before a higher administrative authority, thereby obligating the latter to review the contested decision and make a new determination on the matter.

1. The Appellate Procedure before Administrative Authorities - The Administrative Appeal in General

1. Decisions made by individual members of the municipal council, council committees, as well as commissions and service departments can be appealed to the municipal council; complaints against decisions of the municipal council, the larger municipal council, and the municipal assembly are to be directed to the governing council.

2. All decisions of lower cantonal administrative authorities based on cantonal law can be appealed to the governing council, subject to differing legal provisions.

3. Decisions of lower cantonal administrative authorities based on federal law can be appealed to the governing council or the competent directorate, insofar as the legislation explicitly stipulates this.

The Appeals Procedure before Administrative Authorities - Administrative Appeal in General

1. Entitlement to File an Administrative Appeal

a) Any individual who participated in the proceedings before the lower instance or was unjustly denied the opportunity to participate,

b) Any individual who is particularly affected by the contested decision or enactment, and

c) Any individual who has a legitimate interest in its annulment or amendment.

2. The right of appeal to protect public interests is granted to the competent municipal councils and the representatives of independent public-law institutions and foundations.

3. The right to appeal is also granted to any person who is authorized by a special provision.

The Appeals Procedure before Administrative Authorities - Administrative Appeal in General

1. An administrative appeal can address all defects in the procedure and the contested decision.

2. New motions, new factual assertions, and the designation of new evidence are permitted.

1. The Appeals Process Before Administrative Authorities - General Administrative Complaint

1. To the extent that cantonal or federal law does not prescribe another deadline, an administrative appeal must be submitted in writing to the appellate body within 20 days after the notification of a decision.

2. In cases of special urgency, the ordering authority may shorten the appeal period to 48 hours.

1. The Appeals Process Before Administrative Authorities - General Administrative Complaint

1. The complaint must include a request and a statement of reasons. The contested decision must be attached or precisely identified.

2. The evidence that the complainant relies on must be specified and, if possible, included.

3. If the complaint does not meet these requirements, the complainant will be given a short deadline to rectify the deficiency, with the warning that otherwise the complaint will not be considered.

1. The Appeals Process Before Administrative Authorities - General Administrative Complaint

1. An administrative appeal has a suspensive effect, unless the issuing authority has ordered the immediate enforcement of the contested decision for compelling reasons.

2. The presidency of the appellate body may restore the suspensive effect ex officio or upon request.

1. The Appeals Process Before Administrative Authorities - General Administrative Complaint

1. If an administrative appeal is to be admitted and it does not prove to be manifestly unfounded, the files of the lower instance are consulted.

2. The lower instance and other parties involved in the proceedings are given the opportunity to submit a written statement.

3. The appellate instance may order an additional exchange of written submissions. It may also summon the parties to an oral hearing.

The Appeals Procedure before Administrative Authorities - Administrative Appeal in General

1. The appellate instance reviews the appeal without being bound by the parties' requests. It may amend the contested decision in favor or against a party.

2. Unless the nature of the dispute indicates otherwise, the factual and legal circumstances at the time of the appellate decision are decisive.

1. The Appeals Process Before Administrative Authorities - General Administrative Complaint

1. The decision on the appeal must be substantiated and communicated to the parties in writing.

The Appellate Procedure before Administrative Authorities - Special Complaints

1. Individuals affected may file a complaint with the superior authority regarding denial of justice or delay of justice.

2. The provisions regarding administrative complaints are to be applied mutatis mutandis.

The Appellate Procedure before Administrative Authorities - Special Complaints

1. By means of a supervisory complaint, any person may inform the supervisory authority of facts that require the authority to take action ex officio against a lower administrative authority.

2. The reporting person does not have the rights of a party.

3. The manner of resolution shall be communicated to the reporting person.

4. There is no obligation to provide a justification.

The Administrative Jurisdiction - Organization

1. The Administrative Court consists of seven members, increasing to a maximum of eight members when partially staffed with part-time positions, and six substitute members.

2. The Cantonal Council determines the number of full-time, part-time, and auxiliary positions, as well as the employment percentages of part-time positions. The employment percentage for the presidency is at least 80 percent, and for a part-time position, at least 50 percent.

3. The Cantonal Council decides on the specifications pursuant to paragraph 2 prior to the election upon the proposal of the Administrative Court.

4. In the case of supplementary elections during the ongoing term, the extended judicial examination commission of the Cantonal Council, upon request of the Administrative Court, may announce full-time judge positions with part-time roles each at 50 percent for election. The commission informs the Executive Council for the purpose of determining the supplementary election in accordance with § 57 paragraph 1 WAG. The announcement is made according to § 29 paragraph 1 WAG by the State Chancellery.

5. During the ongoing term, the Administrative Court may, within the overall fixed staffing percentages for the court and with the consent of the affected judges, alter their employment percentages by up to a maximum of 50 percentage points.

The Administrative Jurisdiction - Organization

1. For the election or employment of full-time and part-time members, the following professional qualifications are required

a) completed university degree in law (Licentiate or Master's);

b) thereafter, at least five years of professional experience in the judiciary, legal advocacy, administration, or legal department of a company.

The Administrative Jurisdiction - Organization

1. The administrative court is elected by the people for a term of office of six years.

2. The cantonal parliament appoints the president, who serves in a full-time capacity. It may appoint additional full-time judges.

The Administrative Jurisdiction - Organization

1. The Cantonal Council elects extraordinary substitute members

1. For individual proceedings, when all substitute members are insufficient for the proper composition of the court;

2. * For the duration of incapacitation, when a full-time member is expected to be prevented from performing their duties for several months due to illness or other reasons;

3. * For a period not exceeding two years, when a court is no longer able to fulfil its tasks within a reasonable time due to an extraordinary increase in workload;

4. * For the remainder of the term of office, if no supplementary election is conducted according to § 57 para. 3 WAG [14].

2. Court clerks are eligible to be elected as substitute members in these cases.

The Administrative Jurisdiction - Organization

1. Members of the Administrative Court may not simultaneously belong to the Government Council, the Cantonal Court, the Criminal Court, the Supreme Court, or be a member of a municipal council, nor may they be employees of the canton or a municipality.

2. Members of the Administrative Court are not permitted to assume representation in appellate procedures before administrative authorities and the Administrative Court.

3. Full-time members of the Administrative Court may not serve on the administrative or supervisory boards of private commercial companies or public institutions and service enterprises.

The Administrative Jurisdiction - Organization

1. Upon taking office, all members and substitute members shall inform the Administrative Court in writing about

a) professional secondary occupations or the primary professional activity;

b) activities in executive and supervisory bodies of municipal, cantonal, Swiss, and foreign corporations, institutions, and foundations of private and public law;

c) participation in commissions and other bodies of international organizations, the Confederation, the cantons, and municipalities;

d) membership in a political party.

2. Any changes must be reported at the beginning of each calendar year. Professional confidentiality remains reserved.

3. The Administrative Court shall maintain a register of the information according to paragraph 1 and ensure that the relevant information is made publicly accessible in electronic form. It monitors compliance with disclosure obligations.

The Administrative Jurisdiction - Organization

1. The office of a member or substitute member of the Administrative Court elected by the people shall terminate if the member or substitute member loses the right to vote in cantonal matters.

2. The affected person must immediately report the loss of their voting rights to the Administrative Court and the State Chancellery.

3. From the time of the loss of the voting rights required for their office, the affected person is prohibited from performing any official acts.

The Administrative Jurisdiction - Organization

1. The Administrative Court organizes its structure and proceedings through rules of procedure, which require the approval of the Cantonal Council.

2. The Administrative Court may establish chambers as part of its rules of procedure, consisting of three or five members.

3. The rules of procedure specify which decisions or orders the chairperson or another member of the Administrative Court can make with individual authority.

The Administrative Jurisdiction - Organization

1. Deliberations shall take place excluding the public and the parties. During the judgment, each judge is obliged to cast a vote.

The Administrative Jurisdiction - Organization

1. In its application of the law, the Administrative Court is independent and bound only by the law.

The Administrative Jurisdiction - Organization

1. The Administrative Court elects the court clerks, appoints the clerical staff, and nominates the Secretary General.

2. The Government Council provides the Administrative Court with meeting rooms and office space after consultation with the court.

The Administrative Jurisdiction - Organization

1. The Administrative Court is under the supervision of the Cantonal Council.

2. The Administrative Court reports on its administration to the Cantonal Council every two years.

Administrative Jurisdiction - Administrative Court Complaint in General

1. An appeal to the Administrative Court is admissible

1.* against administrative decisions made by lower cantonal administrative authorities, provided that these decisions are based on federal law and the legislation does not provide for further appeal to the Executive Council or the Federal Administrative Court;

2.* against administrative decisions made by the Executive Council, provided that the legislation does not exceptionally exclude further appeal;

3.* against administrative decisions made by the Data Protection Officer or the Ombudsperson.

2. With the consent of the appellant, the Executive Council may refer an administrative dispute to the Administrative Court for direct judgment, waiving a decision; the Executive Council may comment on the appeal and submit applications.

Administrative Jurisdiction - Administrative Court Complaint in General

1. The right to file an administrative court appeal is granted to anyone who

a) participated in the proceedings before the lower instance or had no opportunity to participate,

b) is particularly affected by the contested decision or decree, and

c) has a legitimate interest in its annulment or amendment.

2. The right to appeal in the interest of safeguarding public interests is also granted to the competent municipal councils and the representatives of autonomous public-law institutions and foundations.

3. Any person who is specifically authorized by regulation is also entitled to appeal.

Administrative Jurisdiction - Administrative Court Complaint in General

1. With an administrative court appeal, any legal violation can be contested. The following are considered legal violations

1. the non-application and incorrect application of a legal provision;

2. the incorrect legal assessment of a fact;

3. the abuse or exceeding of discretion;

4. the violation of a significant procedural or formal regulation;

5. denial of justice and delay of justice.

2. With an administrative court appeal, any incorrect or insufficient finding of facts that is relevant to the decision can also be contested.

3. In the cases of § 61 paragraph 1 number 1 and paragraph 2 as well as in special procedures (§§ 74 to 79), the incorrect exercise of discretion can also be contested.

4. The presentation of new facts and the designation of new evidence is permissible.

The Administrative Jurisdiction - The Administrative Court Appeal in General

1. Insofar as neither cantonal nor federal law prescribes a different period, the administrative court appeal must be submitted to the administrative court within 30 days after the communication of the appealable decision.

The Administrative Jurisdiction - The Administrative Court Appeal in General

**1. The appeal must include a petition and a statement of reasons. The contested decision must be attached or precisely identified.**

**2. The evidence upon which the appellant relies must be listed and, as far as possible, included.**

**3. If the appeal does not meet these requirements, the appellant will be granted a short period to rectify the deficiency, under the threat that otherwise the appeal will not be admitted.**

Administrative Jurisdiction - Administrative Court Complaint in General

1. The administrative court appeal has a suspensive effect unless the issuing authority has ordered the immediate execution of the contested decision for compelling reasons.

2. The presidency of the administrative court can restore the suspensive effect ex officio or upon request.

The Administrative Jurisdiction - The Administrative Court Appeal in General

1. The Presidium of the Administrative Court reviews the incoming complaints and sets a deadline extension for the complainant to rectify any potential deficiencies.

2. If a complaint cannot be admitted or if it proves to be manifestly unfounded, the court decides without further procedures.

The Administrative Jurisdiction - The Administrative Court Appeal in General

1. The parties shall have the opportunity to submit written statements. The administrative court may order further exchanges of written submissions or an oral hearing.

Administrative Jurisdiction - Administrative Court Complaint in General

1. The administrative court may gather the evidence necessary to clarify the facts itself or delegate this task to the lower court.

2. All cantonal and municipal administrative offices are obliged to provide information to the administrative court.

3. The conduct of the evidence procedure may be fully or partially entrusted to a delegation or a member of the court.

The Administrative Jurisdiction - The Administrative Court Appeal in General

1. If an evidentiary procedure has been conducted, the parties shall have the opportunity to provide written comments on the result.

2. The administrative court shall, upon request of a party or ex officio, order a closing hearing if such a hearing appears warranted. The hearing is public unless the court excludes the public for important reasons.

The Administrative Jurisdiction - The Administrative Court Appeal in General

1. The Administrative Court reviews the complaint within the scope of the legal requests made. It may not amend the decision of the lower instance to the detriment of the complainant. However, it must refer the case back to the lower instance for re-evaluation if it determines that the decision needs to be amended to the detriment of the complainant.

The Administrative Jurisdiction - The Administrative Court Appeal in General

1. If the Administrative Court grants the appeal, it either adjudicates the matter itself or refers it back to the lower court for reconsideration.

2. The Administrative Court may particularly remand the matter if the lower court did not address the case or if it inadequately established the facts.

3. The judgment must be reasoned and communicated to the parties in writing.

The Administrative Jurisdiction - The Administrative Court Appeal in General

1. Judgments of the Administrative Court are enforceable upon their notification; subject to differing provisions of federal law.

Administrative Jurisdiction - Special Procedures - Tax Disputes

1. The Administrative Court is the cantonal appeals authority in cantonal and municipal tax matters.

2. The specific provisions of the Tax Act apply to the tax appeal.

Administrative Jurisdiction - Special Procedures - Tax Disputes

1. The Administrative Court is the cantonal appeals authority within the meaning of the federal provisions on direct federal tax and military service exemption tax, as well as other federal taxes or levies for which federal law provides for a cantonal remedy instance.

2. Appeals are treated like cantonal tax disputes, subject to differing and supplementary provisions of federal law.

The Administrative Jurisdiction - Special Procedures - Disputes Predominantly of a Patrimonial Nature According to Cantonal and Federal Law

1. The Administrative Court adjudicates disputes primarily of a financial nature as the court of last resort according to cantonal law, specifically

1. Appeals against decisions of family compensation funds under the Act on Child Allowances[17];

2. * Appeals against decisions of the Assessment Commission under the Planning and Construction Act[18].

3. * ...

4. * ...

5. * ...

Administrative Jurisdiction - Special Procedures - Disputes Predominantly of a Pecuniary Nature under Cantonal and Federal Law

1. The Administrative Court assesses complaints from the field of federal social insurance as the sole cantonal instance, for which federal law provides for a cantonal appellate instance.

2. Deviating and supplementary provisions of federal law remain reserved.

1. Administrative Jurisdiction - The Administrative Court Action

1. The Administrative Court has jurisdiction as the sole instance

1. over property-related disputes between municipalities, municipal associations, and special-purpose associations;

2. over property-related disputes between the canton and municipalities, municipal associations, or special-purpose associations, unless otherwise provided by legislation.

1. Administrative Jurisdiction - The Administrative Court Action

1. The Administrative Court assesses as the sole instance

1. Financial claims of private individuals against the canton or municipalities, insofar as they are based on public law and the legislation has not designated another authority as the first instance;

2. * ...

3. * Disputes arising from concessions between a public law entity and the concessionaire, or among concessionaires themselves;

4. * Disputes between the concession holder and other right holders or the granting authority according to the Federal Act on the Utilization of Water Resources.[19]

1. Administrative Jurisdiction - The Administrative Court Action

1. The Administrative Court, as the sole cantonal instance, adjudicates claims in the area of federal social insurance for which federal law prescribes a single cantonal judicial authority.

1. Administrative Jurisdiction - The Administrative Court Action

1. The complaint must be submitted in two copies. It must contain a request and a statement of reasons.

2. If the complaint does not meet these requirements, a short deadline will be set for the plaintiff to rectify the deficiency, with the threat that otherwise the complaint will not be considered.

3. The evidence on which the plaintiff relies must be specified and, as far as possible, attached to the complaint.

The Administrative Jurisdiction - The Administrative Lawsuit

1. The defendant party is given the opportunity to provide a written response to the complaint. The response to the complaint must be submitted in two copies. The evidence must be specified and attached as far as possible.

2. An additional exchange of pleadings may be ordered, or a summons to an oral hearing may be issued.

1. Administrative Jurisdiction - The Administrative Court Action

1. The Administrative Court shall order a final hearing upon request of a party or ex officio if such a hearing appears to be appropriate. The hearing is public unless the court excludes the public for important reasons.

2. The Administrative Court freely assesses the applications of the parties in factual and legal respects.

3. The court may not award the plaintiff more or other than what they themselves have requested, nor less than what the defendant has acknowledged.

The Administrative Jurisdiction - The Administrative Lawsuit

1. The provisions regarding the administrative court appeal shall apply mutatis mutandis.

**Administrative Jurisdiction - The Appeal**

1. The Revision of a Judgment of the Administrative Court May Be Requested

1. * if it is proven in a criminal proceeding that the decision was influenced to the detriment of the requesting party through a crime or offense. A conviction by the criminal judge is not required. If a criminal proceeding is impossible, the evidence may be provided by other means;

2. * if the requesting party subsequently discovers new significant facts or finds decisive evidence which could not, with reasonable diligence, have been provided in the previous proceeding.

The Administrative Jurisdiction - The Appeal

1. The request for revision must be submitted in writing to the Administrative Court within 30 days from the date of becoming aware of the reason for revision.

**Administrative Jurisdiction - The Appeal**

1. In the petition for revision, the grounds for revision and their timely assertion must be set forth, and the motions for the case of a new substantive decision must be made.

**Administrative Jurisdiction - The Appeal**

1. The Administrative Court may suspend or postpone the enforcement of the contested judgment.

The Administrative Jurisdiction - The Appeal

1. If the conditions for an appeal are met, the administrative court shall set aside the contested judgment and make a new decision on the matter.

Execution

1. Decisions under this law are enforceable as soon as no ordinary legal remedy is available or if an appeal does not have a suspensive effect.

Execution

1. Every authority shall enforce the decision it has made itself. It is authorized to delegate the enforcement to an authority subordinate to it.

Execution

1. Decisions by administrative authorities regarding payment of money or the provision of security are equivalent to enforceable judicial judgments within the meaning of Article 80 of the Debt Collection and Bankruptcy Act.

Execution

1. If the decision requires the performance of an act, tolerance, or omission, enforcement shall occur through substitute performance by the authority or a third party appointed by it or through direct coercion. For this purpose, the police can be employed.

2. Substitute performance and the application of direct coercion must be preceded by an appropriate warning with a set deadline. In urgent cases, such a warning may be dispensed with.

3. If substitute performance at the expense of the obligated party has been ordered, the cost decisions are equivalent to an enforceable judgment.

Execution

1. The authority may threaten the penalty prescribed by law for the case of disobedience.

2. If the applied decree contains no penalty provisions, the penalty provided in Art. 292 of the Swiss Criminal Code may be threatened.

Final and Transitional Provisions - Amendment of Existing Law

1. The following enactments are amended

Final and Transitional Provisions - Amendment of Existing Law

1. References in the current legislation to the Act on the Appeal Procedure before the Government Council shall be construed as references to this Act.

2. Wherever the current legislation mentions the Cantonal Appeals Commission or the Tax Appeals Commission, these expressions shall be replaced by "Administrative Court".

Final and Transitional Provisions - Repealed Decrees

1. Upon the entry into force of this law, all provisions that conflict with it are repealed, in particular

1. The Law on the Appeals Procedure before the Government Council of April 25, 1949;

2. The Ordinance on the Procedure before the Cantonal Appeals Commission of January 30, 1962;

3. The Ordinance on the Organization and Procedure of the Cantonal Insurance Court in Military Insurance Matters of December 23, 1949.

Final and Transitional Provisions - Transitional Provisions

1. This law shall enter into force on January 1, 1977.

2. [27]

Final and Transitional Provisions - Transitional Provisions

1. Every authority, with the exception of the cantonal tax appeal commission or appeal commission, shall conclude the proceedings that are pending before it at the time of the entry into force of this law according to the provisions previously in force.

2. The provisions of this law shall apply to the appeal of such decisions.

Final and Transitional Provisions - Transitional Provisions

**1. As of January 1, 1977, all cases pending before the Cantonal Tax Appeal Commission or Appeal Commission are transferred to the Administrative Court, resulting in the dissolution of both commissions.**

Final and Transitional Provisions - Transitional Provisions

1. All appeal periods that commence on January 1, 1977, or have not yet expired, are governed by the law that is more favorable to the party seeking legal remedy.

Final and Transitional Provisions - Transitional Provisions

1. The eligibility requirements (§ 53a) do not apply to persons who are elected or employed at the time of the enactment of this law, nor do they apply to re-election.

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