Legislator Case Law & Legislation

Art. 170

1. Reconsideration

If tasks are assigned for independent execution, reconsideration may be requested

a. by the full authority in the case of orders and decrees from members or committees of an authority,

b. by the municipal executive in the case of orders and decrees from subordinate commissions,

c. by the assigning authority in the case of orders from municipal employees.

2. If a subordinate commission assigns tasks to a member or a committee, the municipal executive is responsible for reconsideration.

of Decisions

a. in

General

1.10.22-118

37

131.1

Municipal Law (ML)

b. Procedure

Further Appeal

by the

Municipality

3. Participation in the decision subject to reconsideration does not constitute a ground for recusal.

4. The possibility to request reconsideration must be indicated in the decision.

← Art. 169 Municipal Act (MA) Art. 171 →

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Court Decisions Applying This Provision (21)

VB.2024.00592 · zh (Art./§ 170 Abs. I GG)
Claimant's Appeal Dismissed for Lack of Reassessment, Costs Awarded for Improper Instructions
The court used this provision to state that the possibility of requesting a reassessment must be indicated in the decision.
VB.2024.00592 · zh (Art./§ 170 Abs. IV GG)
Claimant's Appeal Dismissed for Lack of Reassessment, Costs Awarded for Improper Instructions
The court used this provision to refer the case to the Social Welfare Office of the City of Zurich because a request for reassessment was to be made there first.
VB.2023.00320 · zh (Art./§ 170 GG)
Appeal Dismissed: Mootness of Procedural Delay Complaint After Substantive Administrative Decision
This provision appears in the 'Rechtsnormen' section and is cited as a relevant legal norm for the decision.
VB.2023.00224 · zh (Art. 170 GG)
Employee Termination Upheld Due to Deficient Behavior and Reassessment Procedure
This provision is cited in the 'Rechtsnormen' section and is implicitly referred to in the context of the 'Neubeurteilungsverfahren' and the unenforceability of the suspension of the appeal's suspensive effect.
VB.2022.00329 · zh (Art./§ 170 Ziff. I GG)
Municipal Ordinance on Prolonged Overnight Parking Fees Upheld
This provision is cited in the context of the administrative unit's original jurisdiction regarding the decree.
VB.2022.00439 · zh (§ 170 GG)
Spatial Planning Assessment Procedure Appeal Dismissal
The court determined that the specific regulations regarding re-evaluation procedures in planning and construction law (lex specialis) preclude the general provisions in § 170 GG for internal municipal appeal procedures.
VB.2022.00265 · zh (Art./§ 170 GG)
Failure to Exhaust Administrative Remedies in Termination Appeal
This provision relates to the procedural admissibility or the necessity of seeking re-evaluation before appeal, as cited alongside Art./§ 171 GG.
VB.2022.00323 · zh (Art./§ 170 Abs. I lit. a GG)
Electricity Bill Appeal Dismissed: Court Clarifies Appeal Processes and Jurisdictional Limits
Cited in the dispositive as the legal basis for the initial decision by a member of the authority.
VB.2021.00012 · zh (Art. 170 GG)
Challenge to Cost Imposition in Public Area Closure Case
This article is cited as the basis for the re-examination request, which is central to the case regarding the costs incurred.
VB.2021.00126 · zh (Art./§ 170 Abs. I lit. c GG)
Appealability of Police Decision Without Exhausting Internal Remedy
This provision is cited in the context of the overall legal framework but is not explicitly mentioned in the final orders regarding the verdict.
VB.2021.00126 · zh (Art./§ 170 GG)
Appealability of Police Decision Without Exhausting Internal Remedy
This provision is cited in the context of the overall legal framework but is not explicitly mentioned in the final orders regarding the verdict.
VB.2020.00911 · zh (Art. 170 Abs. IV GG)
Social Assistance Reassessment Delay Due to Social Worker Advice
Cited in the operative part regarding the conditions under which the request for re-assessment was considered.
VB.2020.00566 · zh (Art. 170 GG)
Executive Management Termination Appeal Reassessment Jurisdiction Dispute
The appeal was granted and the case was remanded to the District Council for substantive treatment because the lower court wrongly denied its jurisdiction regarding the reassessment procedure.
VB.2018.00765 · zh (Art. 170 GG)
Social Assistance Conditions Upheld
This provision is cited in the 'Rechtsnormen' section and relates to the general provisions of administrative law which are often used in dispositive orders concerning procedural matters or the validity of decisions.
BRGE.II.Nr.0153.201 · zh (§ 170 Abs. 1 GG)
Building Permit Appeal Regarding Patio Roof and Setback Requirements
This article concerning the right to re-assessment by the full authority was discussed as being generally applicable but excluded in this case.