Administrative Justice Act (AJA) (VRG)

Principle 52

Public law matters are decided by the administrative authorities and the Administrative Court. Private law claims must be asserted before the civil courts.

1 Civil courts decide on claims for damages by private individuals against the state and, exceptionally, the municipality, as well as against their officials and employees.

2 They also decide on claims for damages by private individuals against the holders of official concessions, permits, or patents.

**Special statutory provisions that organize jurisdiction differently are reserved.**

* * *

**Second Section: Administrative Procedure**

**A. Scope**

**34 Scope of Application**

The provisions of this section apply to proceedings before the administrative authorities of the municipalities, districts, and the Canton, unless divergent provisions exist.

**B. General Provisions**

**33 Expedition of Proceedings**

Administrative authorities shall expedite proceedings initiated before them and ensure their completion without delay.

1 Before an administrative authority addresses the merits of an examination of a case, it must ex officio verify its jurisdiction. Jurisdiction34

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175.2

Administrative Justice Act (VRG)

Recusal

Provisional

Measures

Procedure

with multiple

parties

Seat abroad

2 Submissions made to an incompetent administrative authority must be ex officio and, as a rule, with notification to the sender, forwarded to the competent administrative authority. For compliance with deadlines, the time of submission to the incompetent authority is decisive.

3 Illegible, inappropriate, and excessively verbose submissions will be rejected for improvement.34

**33 1 Persons who are required to issue, participate in, or prepare an order shall recuse themselves if they appear to be personally biased in the matter, particularly:**

a. if they have a personal interest in the matter,

b. if they are related by blood or marriage in the direct line or in the collateral line up to the third degree, or are connected through marriage, engagement, registered partnership, de facto cohabitation, or adoption with a party,

c. if they are a representative of a party or have acted for a party in the same matter.

**2 If the recusal is disputed, the supervisory authority shall decide on it or, if it concerns the recusal of a member of a collegial body, this body shall decide, excluding the member concerned.**

The administrative authority takes the necessary precautionary measures. In the case of collegial bodies, the chairman is authorized to do so in urgent cases.

**33 1** If several persons are involved in a proceeding who have submitted a joint submission or substantively identical submissions, the administrative authority may oblige them to designate a common domicile for service or a common representative.

**2** If the parties fail to comply with this request within a reasonable period, the administrative authority may either designate a domicile for service or appoint a representative.

33 1 Parties to proceedings with their seat or domicile abroad must designate a service address or a representative in Switzerland.

2 If the parties fail to comply with this request within a reasonable period, the administrative authority may either replace service by official publication or decline to consider the submission.

Administrative Justice Act (VRPG)

175.2

1. The administrative authority investigates the facts *ex officio* by questioning the parties involved and persons providing information, by obtaining official reports, documents, and expert opinions, by inspection, or by other means.

2. The parties involved in the procedure must cooperate

a. insofar as they have submitted a request,

b. if they are subject to a duty to provide information or notification according to legal provisions.

3. For the determination of the facts, administrative authorities and courts are obliged to hand over necessary files, provide official reports, and give information. Special provisions concerning secrecy and data protection remain reserved.33

4. The administrative authority evaluates the results of the investigation freely. It applies the law *ex officio*. It is not bound by the requests made.34

1. Persons affected by an order who have a legitimate interest in its

revocation or amendment are entitled to inspect the files. Outside of a

formal procedure or after a legally binding order has been issued, the right to

inspect files is governed by the Act on Information and Data Protection7.47.

2. The Government Council shall regulate the release and delivery of files for

inspection.

3. The information on court proceedings and the inspection of files by third

parties before the Administrative Court and the courts subordinate to it are

governed by the Ordinance of the Plenary Committee of the Courts pursuant

to § 73 para. 1 lit. d of the Act on the Organization of Courts and Authorities

in Civil and Criminal Procedure of May 10, 2010 (GOG)11.70.

1 Inspection of a file document, particularly an interrogation report, may be refused to protect important public interests or private interests worthy of protection, or in the interest of an investigation that has not yet been concluded. The refusal must be noted in the file and justified.

2 The essential content of a file document, the inspection of which has been refused, should nonetheless be communicated to the extent possible without violating the interests to be protected. In the case of oral notification, a record must be prepared, which must be signed by the person requesting inspection.

3 Disposal

a. In General

b. Orders Without Justification

Objection Procedure

1.7.24 - 125

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Administrative Justice Act (VRA)

**50 1 Written orders must be reasoned and include instructions on appeal, which specify the admissible ordinary legal remedy, the appellate authority, and the appeal period.**

**2 Decrees, with the exception of the Cantonal Constitution³ and cantonal laws, are published with instructions on appeal.**

**3 Written orders are communicated:**

a. to the parties to the proceedings,

b. upon their request, to other persons if they are affected by the order and have a legitimate interest in its annulment or amendment,

c. to the conciliation body within the meaning of the Gender Equality Act of March 24, 1995²⁵, if a conciliation hearing has been held.

**4 An order may be officially published if it**

a. cannot be served,

b. would have to be communicated to numerous persons,

c. would have to be communicated to persons of unknown whereabouts,

d. would have to be communicated to persons whose full number can only be determined with disproportionate effort.

**5 Instead of the full official publication of the order, it may also be announced at which official body the order can be obtained and within what period.**

50 The grounds for an order may be omitted if

a. the requests of the parties to the proceedings are fully met,

b. the parties to the proceedings are informed that they may request a

statement of grounds in writing within ten days of notification; the

appeal period begins to run upon delivery of the reasoned decision,

c. the parties to the proceedings are informed that they may lodge an

objection with the issuing authority within 30 days of notification.

49 1 The objection must be made in writing. It must contain a

request.

2 The running of the objection period and the filing of the objection

have a suspensive effect.

4

Administrative Justice Act (VRG)

175.2

3 The authority reviews its order without restriction and

makes a new decision on the matter. The objection decision must be

reasoned.

49 1 Anyone with a legitimate interest may request the Real Acts

Authority responsible for actions based on public a. In General

law and affecting rights or obligations to

a. refrain from, cease, or revoke unlawful acts,

b. remedy the consequences of unlawful acts,

c. establish the unlawfulness of acts.

2 The authority shall issue an order.

49 1 Against first-instance actions of the Government Council

that concern the political right to vote of citizens or popular

elections or popular votes, an objection may be lodged

with it within five days. § 21a applies mutatis mutandis.

2 For actions in connection with the renewal election of the

members of the Council of States, the objection must be submitted

within three days. If the objection is handed over to the Swiss Post,

a shipping method must be chosen that ensures delivery on the day

after the deadline.

3 For corresponding actions of other state organs,

1. Time Limits

The day an appeal period opens or a decision is communicated is not included in the calculation of the period. If the last day of a period is a Saturday or a public holiday, it ends on the next working day. Saturdays and public holidays falling within the period are included.

2. Written submissions must reach the authority or be handed over to the Swiss Post at the latest on the last day of the period. If a person abroad has to observe a time limit, it is sufficient for the submission to reach a Swiss diplomatic or consular representation on the last day of the period.

3. and Reinstatement

1. **Extension of a Time Limit**

Legally prescribed time limits may only be extended if the person concerned dies or becomes incapacitated during the period. Other time limits may be extended upon a request submitted before the expiry of the period, if sufficient reasons are demonstrated and, where possible, substantiated.

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175.2

Administrative Justice Act (VRG)

2. A missed time limit may be reinstated if the defaulting party is not grossly negligent and submits an application for reinstatement within ten days after the ground preventing compliance with the time limit has ceased. If reinstatement is granted, the period for performing the missed legal act is ten days.

1 The administrative authorities may levy fees and costs for their official acts. The Government Council designates the official acts subject to charges and the fees to be collected for them in an ordinance.19

2 Several parties involved in the proceedings generally bear the costs in proportion to their degree of defeat. Costs caused by a party through violation of procedural rules or by the belated submission of facts or evidence that could have been asserted earlier shall be imposed on that party regardless of the outcome of the proceedings.

3 In proceedings concerning disputes under personnel law, no costs are charged; subject to the imposition of costs on the losing party who has caused disproportionate expense through their conduct of the litigation.34

4 In matters concerning voting rights, procedural costs are levied if the legal remedy is manifestly hopeless.49

If several parties have made the same application or the proceedings are directed against several parties, they shall, as a rule, bear the costs imposed upon them in equal shares, with subsidiary liability for the whole, unless joint and several liability is established by the legal relationship existing between them.

1 If a significant cash outlay arises from an investigation initiated in the interest of a private individual, the conduct of the investigation may be made dependent on the payment of an appropriate cash advance.

2 A private individual may also be required to provide security for the procedural costs, under threat that their request will otherwise not be processed

a.34 if they have no domicile in Switzerland,

b. if they owe costs from a concluded and no longer appealable proceeding before a Zurich administrative or judicial authority,

c.33 if they appear to be insolvent.

6

Costs

and Party

Compensation

a. Procedural

Costs and

Imposition of Costs

b. Imposition of Costs

for Jointly

Involved Parties

c. Cost

Advance

Administrative Justice Act (VRG)

175.2

34 1 Private individuals who lack the necessary means and whose request for free legal aid does not appear manifestly hopeless shall be granted an exemption from paying court costs and advances on costs upon appropriate request.

2 They are furthermore entitled to the appointment of a free legal representative if they are unable to assert their rights in the proceedings themselves.

3 Legal entities are not granted free legal aid.

4 A party to whom free legal aid has been granted is obliged to make subsequent payment as soon as they are able to do so. The canton's claim prescribes ten years after the conclusion of the proceedings.

1 In proceedings before administrative authorities, no party compensation will be awarded.

2 In appeal proceedings and proceedings before the Administrative Court, however, the losing party or administrative body may be ordered to pay reasonable compensation for the expenses of its opponent, particularly if

a. the legally sufficient presentation of complicated factual circumstances and difficult legal questions required special effort or justified the involvement of legal counsel,

or

b. its legal requests or the challenged order were obviously unfounded.31

3 If private parties with opposing requests face each other in the proceedings, compensation will generally be imposed on the losing party.31

32

Compensation

C. Appeal

Admissibility

Sub-para. 1 (c)

50 1 Decisions that conclude the proceedings are subject to appeal.

2 The appealability of partial, preliminary, and interim decisions

is governed mutatis mutandis by Articles 91–93 of the Federal Supreme Court Act

of 17 June 2005.

50 1 Orders of a lower authority may be appealed to the

higher authority.

a.

2 The appellate body is

the Government Council for orders

1. of a Directorate,

2. of a commission led by a member of the Government Council,

3. of the District Councils and District Governors,

b. the Directorate for orders

1. of an administrative unit of the Directorate,

2.73 of a municipality in cantonal voting matters,

c.61 the District Council for orders

1. of a political municipality,

2. of a school district,

3. of an institution,

4. of a special purpose association,

5. of a private entity performing public duties,

d.57 the District Governor's Office for orders of the political municipalities

in the area of local police and fire services,

Administrative Justice Act (VRPG)

175.2

e. the Cantonal Council regarding the result of a Cantonal Council

election; it decides upon the proposal of the Government Council,

f. the Management Board of the Cantonal Council for orders of its

commissions,

g. the Administrative Delegation69 of the Management Board of the Cantonal Council

for orders in personnel and administrative matters

1. of the Data Protection Officer,

2. of the Head of Financial Control,

3. of the Ombudsperson,

4. of the Head of Parliamentary Services.

3 Deviating legal regulations remain reserved.

4 If an appellate body has, in an individual case, given advice or instructions

on how a lower authority should decide, the administrative authority superior to the appellate body

is competent to hear the appeal. This authority must be indicated as the appellate body in the legal remedy instruction.

51

50 1 An appeal may challenge

a. Violations of law, including abuse of discretion, exceeding

discretion, or falling short of discretion,

b. incorrect or incomplete ascertainment of the facts,

c. inappropriateness of the contested order.

2 If an enactment is challenged, a violation of superior law may be

invoked.

Grounds for Appeal

**49 1 No new substantive claims (Sachbegehren) may be made in the appeal proceedings.**

**New Submissions**

**2 New factual assertions and new evidence are admissible.**

50 1 Any person affected by the order and having a legitimate interest in its

annulment or amendment is entitled to file an appeal.

2 Municipalities and other public bodies with legal personality are entitled

to appeal if they

a. are affected by the order like a private person and have a

legitimate interest in its annulment or amendment,

b. assert a violation of guarantees granted to them by the cantonal

or federal constitution,

c. are otherwise injured in their legitimate interests while fulfilling

statutory duties, particularly in the event of a significant encroachment

on their financial or administrative assets.

a. In general

1.7.24 - 125

9

175.2 Administrative Justice Act (VRG)

b. In matters of

voting rights

c. When

contesting

legal norms

Filing an appeal

a. Place and

deadline

b. Content of

the appeal

c. Suspension

Right to appeal

**49 1 In matters of voting rights, the following are entitled to appeal:**

a. the electors of the relevant election or voting district and the candidates,

b. political parties and groups active in the relevant election or voting district,

c. affected municipal authorities.

2 An appeal against the violation of procedural rules in the municipal assembly requires that it was raised in the assembly.60

63 1 Any person whose protectable interests could be affected by a legal norm is entitled to challenge its enactment.

2 Section 21 para. 2 applies mutatis mutandis.

**50 1 The appeal must be submitted in writing to the appellate body within 30 days. In matters concerning voting rights, the period is five days.**

**2 The period begins to run on the day following the communication of the contested act, or, in the absence thereof, on the day following its official publication, or, in the absence thereof, on the day following knowledge thereof.**

**3 In cases of particular urgency, the issuing authority may shorten the appeal period to five days.**

1 The statement of appeal must contain a request and the grounds for it. The challenged decision must be enclosed or precisely designated.

2 If the statement of appeal does not meet these requirements, the appellant will be granted a short period to remedy the defect, with the threat that otherwise the appeal will not be entertained.

3 The means of proof should be precisely designated and, as far as possible, enclosed.

51

50 1 The running of the appeal period and the submission of the appeal have

suspensive effect.

2 There is no suspensive effect

a. in personnel matters concerning a termination, an appointment to

office, a premature dismissal, or a release,

Administrative Justice Act (VRG) 175.2

b. in voting rights matters, if the appeal relates to an election or

referendum and the appeal brief was submitted before the election or

referendum day.

3 The ordering authority, the appeal authority, and the chairperson

of the appeal authority may issue contrary orders for special reasons.

4 Para. 2 lit. a does not apply if, for the cases mentioned therein, the

communal personnel law provides for the possibility of continued employment.

50 1 The appeals body directs the appeals procedure and prepares Appeals

the appeals decision independently of the ordering authority. procedure

2 If the appeal is directed against an order issued by a Directorate

or a Commission led by a member of the Government Council,

a central legal service is responsible for this.

a. Case Management

50 1 The appellate body shall obtain the files of the lower instance. b. Obtaining files

It may refrain from doing so in the case of obviously inadmissible or obviously unfounded legal remedies.

2 The files shall be open for inspection by the parties to the proceedings.

Article 9 remains reserved.

49 1 The lower instance and the parties involved in the lower instance proceedings shall be given the opportunity to submit a written statement.

The lower instance may be obliged to do so.

2 The deadline for submitting statements is 30 days. In voting rights matters, the deadline is five days. If the appeal period has been shortened, the deadline for submitting statements must be shortened accordingly.

3 The appeal instance may order a further exchange of pleadings or summon the parties to an oral hearing.

4 The appeal instance shall forward the statements to the other parties to the proceedings.

49 If the appellate body has judicial independence, it may hear witnesses.

d. Witness examination

49 If the appeal concerns a popular election or a popular vote, the appeal authority may carry out or order recounts.

e. In popular elections and referendums

The appellate body may, in favor of the appellant, go beyond the

appellate requests or alter the contested order to his detriment

by virtue of its authority.

a. General

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11

175.2 Administrative Justice Act (VRG)

b. Personnel

Matters

c. Popular Elections

and Referenda

Disposal of Appeals

a. Processing

Period

b. Appeal

Decision

c. Simplified

Procedure

50 1 If the appellate body considers a termination, a suspension from

office, or an early dismissal to be unjustified, it shall determine this

and ex officio fix the compensation to be paid by the municipality.

2 The decision regarding further claims based on communal personnel

law, particularly for continued employment, remains reserved.

49 A repeat popular election or popular vote shall only be ordered if there are reasons to assume that the irregularity has influenced the outcome of the election or vote with a certain probability.

**33, 50 1 Internal administrative appeal bodies and appeal commissions shall render decisions within 60 days of the conclusion of the fact-finding. The conclusion of the fact-finding shall be communicated to the parties.**

**2 If an appeal body cannot meet this deadline, it shall inform the parties, stating the reasons, when the decision will be available.**

**34 1 The appellate decision briefly describes the facts of the case and summarizes the considerations. To the extent that the description of the facts and the considerations of the lower instance are agreed with, reference may be made to them.**

**2 The appellate decision shall be served in writing on the appellant, the lower instance, and any other parties involved in the appellate proceedings. If the appellate instance alters the order of the lower instance, then in addition, all persons whose legitimate interests are affected by this decision shall receive the appellate decision.**

49 1 In the case of obviously inadmissible, moot, obviously unfounded or obviously well-founded legal remedies, the appeal authority may

a. decide by circulation if unanimous,

b. summarily state the reasons for the decision.

2 In the case of moot appeals, the reasons for the decision may be omitted. Section 10a lit. b applies mutatis mutandis.

12

Administrative Justice Act (VRPG)

D. Enforcement

175.2

1 Every administrative authority executes the order within its jurisdiction

that it has made itself. It is authorised to transfer the execution to a subordinate

authority.

2 Decisions on appeal are, unless the appellate body determines

otherwise, executed by the first instance. The costs of the appeal

proceedings are collected by the appellate body.

39 1 Public law claims of administrative authorities and of private persons become due 30 days from the date of service of the invoice. Reserved are cash payment or advance payment where this is indicated to simplify the procedure, as well as deferment and installment payments in justified cases.

2 After the expiration of the payment period, the debtor will be reminded. From the date of the reminder, the debtor owes default interest of 5%.

3 Deviating provisions of tax legislation remain reserved.

**Title Translation:**

Fälligkeit von Forderungen - Due Date of Claims

1. **Enforcement Measures**

If an order from an administrative authority can no longer be appealed or if the appeal does not have a suspensive effect, it can be enforced coercively by

a. Debt collection in accordance with the provisions of federal law, if the order is for payment of money or provision of security;

b. Substitute performance at the expense of the obligor. The decision regarding the imposition of costs may be appealed;

c. Direct coercion against the obligor or against property in their possession. Police assistance may be requested for this purpose.

2. Where legally permissible, punishment remains reserved.

1. Prior to substitute performance and the application of direct coercion, a corresponding warning must be issued. The person obligated must also be given a reasonable period to comply.

2. The warning of coercion can be combined with the order to be enforced or issued independently. It is not appealable by recourse.

3. In urgent cases, a warning of coercion may be dispensed with.

1.7.24 - 125

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175.2

Administrative Justice Act (VGG)

Third Section: Administrative Jurisdiction

A. Organization of the Administrative Court

**34 1 The Administrative Court consists of full-time and part-time members and substitute members. The Cantonal Council determines the number of members and substitute members⁹.**

**2 The Cantonal Council determines the seat.**

1 The Cantonal Council elects the members and alternate members. With the election of the part-time members, it determines their level of employment. The Court has the right to propose half of the alternate members.50

2 The term of office is six years.

3 The full court according to § 39 para. 1 can change the level of employment of individual members with their consent within the framework of the total full-time equivalents. The change expires upon the replacement election of an affected member or with the end of the term of office.71

34 1 The office of a full-time member of the Administrative Court

is incompatible with any other main professional activity, as well as with the

professional representation of third parties before courts or

administrative authorities.

2 The office of a part-time member of the Administrative Court

is incompatible with the professional representation of third parties before the Administrative Court.

3 For membership in the administration or management

of a commercial company or a cooperative for economic

purposes, the approval of the Cantonal Council is required for both full-time and part-time members.

4 In all other respects, the incompatibility provisions of the Law on Political Rights6, 41 apply.

53 For the disclosure of conflicts of interest, § 7 GOG11 applies.

1 In its judicial capacity, the Administrative Court is independent and subject only to the law.

2 The Administrative Court reports annually to the Cantonal Council on its activities. This report includes statistical information on staffing levels, workload, and processing times for cases, including the individual procedural steps.

14

Administrative Justice Act (VRG)

175.2

1 The Administrative Court designates the President and Chairman,

the necessary Vice-Presidents, each at the beginning and in the middle of a term of office, and the Registry. The President and Vice-Presidents are primarily to be chosen from among the full-time judges.

2 The Administrative Court appoints the Secretary-General, his deputy, and the legal and administrative staff.35

1 The Cantonal Council shall regulate the remuneration of its members and the remuneration

of substitute judges.

2...36

**50 1 The Administrative Court handles disputes with a three-judge panel.**

**a. Three-judge panel for case resolution**

**2 It may decide on clearly unfounded or clearly well-founded appeals by circulation, provided there is unanimity.**

49 1 The Administrative Court shall decide on appeals against enactments b. Quorum of five

with a quorum of five.

2 The panel shall consist of three members of the Administrative Court and two members

a. of the High Court for appeals against enactments in the areas of private or criminal law,

b. of the Social Insurance Court for appeals against enactments in the area of social insurance law.

3 Section 38 para. 2 shall apply mutatis mutandis.

**49 1 A full-time or part-time member decides as a single judge on appeals**

**a. that are manifestly inadmissible,**

**b. that have been withdrawn or otherwise become moot,**

**c. whose amount in dispute does not exceed CHF 20,000,**

**d. in disputes concerning**

**1. administrative measures in road traffic,**

**2. the enforcement of sentences under the Criminal and Prison Enforcement Act of June 19, 200613,**

**3. the release from professional secrecy,**

**4. measures of first instance courts according to § 43 para. 1 lit. a–c.**

**2 In cases of fundamental importance, the decision may be transferred to a chamber.**

**3 If decisions of the Government Council are challenged, the single-judge assessment is excluded in cases under para. 1 lit. c and d.**

**c. Single Judge**

**Overall Court**

**Ordinance Law**

**Election and Voting Procedures**

**Admissibility**

**Exceptions**

**a. Cantonally final orders**

1.7.24 - 125

15

175.2

Administrative Justice Act (Verwaltungsrechtspflegegesetz - VRG)

38 1 The Plenary Court consists of the full-time and

the part-time members. It regulates organizational and personnel

matters, as well as questions concerning its own administration.

2 Each member is obliged to cast their vote. In the event of a tie vote, the Chairman's vote counts double.

34 1 The Plenary Court shall regulate by ordinance

a. its organisation and conduct of business,

b. fees, costs and indemnities10,

c. the organisation and duties of the secretariat and the registry.

2 Ordinances in accordance with lit. a and b require the approval of the

Cantonal Council.

40 Unless otherwise provided by law, the procedure for elections and

referendums concerning matters of judicial administration shall be governed by the

corresponding provisions for municipal authorities.

B. Appeal 50

**50 1** The Administrative Court, as the final cantonal instance, adjudicates appeals against acts within the meaning of § 19 para. 1.

**2** Derogating statutory provisions remain reserved.

**3** § 19a concerning the type of appealable order applies mutatis mutandis.

50 Appeals are inadmissible against

a. Orders that can be challenged directly before a federal appellate

instance,

b. Orders of the Cantonal Council and its organs, with the exception of

1. Orders in personnel and administrative matters,

2. Orders concerning the approval of the granting of expropriation

rights to private undertakings,

3. Enactments below the level of a formal law,

Administrative Justice Act (VRPG)

175.2

c. Orders of other supreme cantonal courts, with the exception of

1. Acts of judicial administration made by these courts as the sole

instance,

2. Enactments of these courts.

50 1 The appeal is inadmissible against decisions of the first- b. Jurisdiction

instance civil and criminal courts, with the exception of appeals by other cantonal

regarding measures under

a. §§ 3–14 of the Violence Protection Act of June 19, 200614,

b. Art. 73–78 of the Federal Act on Foreign Nationals of December 16, 200524,

c. Art. 4–9 of the Concordat on Measures against Violence in connection with Sports Events of November 15, 200716.

2 The following may be challenged before the High Court by appeal in accordance with the provisions of this Act

a. Judicial administrative acts of the Administrative Court which it has taken as the sole instance,

b. Enactments of the Administrative Court.

a.

32, 49 1 The appeal is inadmissible

in matters of voting rights against first-instance orders and decisions on objections by the Government Council,

b. in cases of pardons,

c. against admission restrictions at universities,

d.62 in municipal matters concerning orders of the Government Council

1. for the approval of trials on the further development of cooperation under § 83 para. 1 of the Municipal Act of April 20, 2015 (GG)4,

2. in cases of municipal mergers under § 153 para. 1 sentence 2 GG,

3. concerning contributions to municipal mergers under §§ 156–159 GG,

4. in cases of mergers of justice of the peace districts under § 53 para. 2 GOG11,

5. for the determination of civil registry, debt enforcement, and child and adult protection districts.

e. against orders of the Transport Council concerning the design of basic services and the determination of other transport offers,

f. in the healthcare sector against

1. performance mandates of the Government Council for the University Hospital Zurich and the Cantonal Hospital Winterthur,

2. decisions of the Government Council regarding performance agreements between its Directorate and these hospitals,

3. decisions of the Government Council regarding cooperation agreements between the University Hospital and the University of Zurich.

2 Other statutory regulations declaring an appeal to the Administrative Court inadmissible remain reserved.

3 If the appeal is inadmissible in the main matter, it is also inadmissible against partial, preliminary, and interim decisions, as well as against orders concerning procedural costs and compensation.

§§ 45-47.32

51

64 Eligibility to appeal is determined by §§ 21–21b.

**50 1.** With the appeal, objections according to § 20 para. 1 lit. a and b as well as para. 2 may be raised.

**2.** The objection of inappropriateness is only permissible if a law so provides.

51

**50 1 Admissibility of new claims, factual allegations, and means of proof is governed by § 20 a.**

**2 If the Administrative Court decides as the second judicial instance, new factual allegations are only admissible insofar as they have become necessary due to the contested order.**

50 The appeal must be submitted in writing to the Administrative Court. Section 22 applies mutatis mutandis to the appeal period.

50 1 The statement of appeal must contain an application and its grounds.

2 The contested decision must be enclosed or precisely designated. The means of proof should be precisely designated and enclosed as far as possible.

18

Federal Act on Administrative Procedure (APA) 175.2

50 For the suspensive effect, § 25 para. 1–3 applies mutatis c. Suspen-

mutandis. sive Effect

1 The Chairman of the Administrative Court examines incoming complaints and orders the necessary measures to remedy any defects in the complaint procedure.

2...51

3 51

a. Preliminary Examination

50 1 The files necessary for the assessment are procured. b. File Procurement

This can be dispensed with in the case of obviously inadmissible or obviously unfounded

legal remedies.

2 The files are open for inspection by the parties to the proceedings.

3 To protect important public and legitimate private

interests, the administrative authority involved in the proceedings may withhold

individual documents from the files, to be specified in more detail to the Administrative Court.

Insofar as it is possible without violating the interests to be protected, it should

report to the court in writing on their content.

59 The previous instance and the parties involved in the proceedings receive c. Opportunity

to submit written statements. For the deadline for submitting written statements, the provisions of § 26 b Abs. 2 apply mutatis mutandis. The Administrative Court may order further exchange of written submissions.

1. **Upon request of the parties or ex officio, an oral hearing may be ordered.** This may be conducted in addition to the written submissions or may take their place.

2. **The summons must include a warning that failure to appear will be deemed a waiver of the right to present one's own viewpoint orally.**

e. Taking of Evidence

The evidence required to clarify the facts of the case shall be obtained ex officio. The conduct of the evidentiary procedure may be wholly or partly delegated to a deputation or a member of the court. The provisions of the Code of Civil Procedure27 concerning the taking of evidence shall apply mutatis mutandis.

f. Final Hearing

If evidence has been taken, the parties involved in the appeal procedure shall be given the opportunity to comment thereon orally before the court or in writing.

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175.2 Administrative Justice Act (VRPG)

g. Publicity

Resolution of

Appeals50

a. Decision-

Making Authority

b. Remand

to the

Lower Instance

c. Form and

Notification of the

Decision

d. Costs

1 The hearings before the Administrative Court are public.

The deliberations of the Court take place in the absence of the parties

and the public.

2 The Administrative Court may exclude the public from the hearings for important reasons.

**1 If the Administrative Court annuls the contested order, it shall decide the matter itself.**

**2 It may not exceed the legal claims filed and may not alter the annulled order to the detriment of the appellant.**

**3 In complaints concerning an employment relationship, Article 27a paragraph 1 applies mutatis mutandis.**

1 The Administrative Court may refer the matter back to the lower instance for a new decision, particularly if the challenged order did not address the merits of the case or if the facts were insufficiently established.

2 In administrative proceedings, new factual allegations and the designation of new evidence are admissible. The new decision must be based on the legal assessment that justified the referral back.

**50 1 The decision of the Administrative Court shall be reasoned.**

In the case of appeals that are manifestly inadmissible, have become moot,

manifestly unfounded, or manifestly well-founded, the decision may be

reasoned summarily.

**2 The decision shall be communicated in writing:**

a. to the parties to the proceedings,

b. to the conciliation body within the meaning of the Gender Equality Act, if

a conciliation hearing has been held.

**3 The decision may be announced orally or by service of the operative

part prior to its written communication.**

54 1 The Administrative Court determines the court fee based on

its time spent, the complexity of the case, and the

value in dispute or the actual interest in dispute. The fee

is generally CHF 500 to CHF 50,000.

2 Otherwise, the collection of fees is governed by §§ 13–16

and by the Ordinance of the Administrative Court10.

3 In personnel law disputes with a value in dispute up to

CHF 30,000, no fees are imposed. This is subject to the

imposition of costs on the losing party if it has caused unreasonable

expenditure through its conduct of the proceedings.

20

Administrative Justice Act (VRPG)

175.2

34 Decisions of the Administrative Court are enforceable upon becoming legally binding, with the entry of enforcement.

§§ 67-69.32

To the extent that there are no specific supplementary provisions for the procedure, the provisions regarding administrative procedure are applicable accordingly.

a. Administrative Procedure

53 The provisions of the ZPO27 concerning the direction of proceedings, b. Civil

procedural actions and deadlines (Part 1, Title 9) as well as the procedural provisions of the GOG11 (Part 6, Sections 1 and 2) applicable to civil proceedings, shall apply supplementarily.

C. Appeal and Complaint in Tax Matters 50

The Administrative Court is the final court of appeal and instance for complaints in tax matters, according to the special provisions of tax legislation¹⁸.

34 For appeals, recourse, and revision, as well as for their proceedings,

the provisions of the Tax Law18 apply concerning their effect, procedure, and decision.

§§ 74-80 d.51

D. Administrative Law Action50

50 The Administrative Court, in the litigation procedure, rules as the sole instance on

a. Disputes arising from public law, provided that neither a party nor another state organ can decide thereon by means of an order,

b. Disputes arising from administrative law contracts, with the exception of disputes arising from employment relationships that have been established by a public law contract,

c. Disputes arising from public law, when another law prescribes their adjudication by a court as the first instance.

51, 60 The canton and the municipalities may agree to arbitration courts for disputes arising from contracts concluded by municipalities from different cantons.

1.7.24 - 125

21

175.2 Administrative Justice Act (VRPG)

Procedure

a. Statement of claim

b. Further

pleadings;

oral

hearing

Resolution of

the claim

Supplementary

provisions

Reasons

Applications

1 The statement of claim must be submitted to the Administrative Court in duplicate. It must contain an application and a justification.

2 If the statement of claim does not meet these requirements, the President of the Administrative Court shall set the plaintiff a short deadline to remedy the defect, with the warning that otherwise the action would not be entered into.

3 The means of evidence shall be precisely designated and, where possible, attached to the statement of claim.50

4...32

1 The defendant shall be given an opportunity to file a written

response to the claim. The statement of defence must be submitted in duplicate. The evidence shall be designated and, as far as possible, appended.

2 Further written submissions may be ordered or a summons to an oral hearing may be issued.

The Administrative Court shall freely assess the applications submitted to it with regard to matters of fact and law.

50 The provisions concerning the appeal procedure before the Administrative Court apply mutatis mutandis.

Section Four: Revision 33

**33 Revision of Final Orders of Administrative Authorities, Appeals Commissions, and Administrative Courts**

Revision may be requested by parties to the proceedings if

a. it is established within the framework of criminal proceedings that a felony or a misdemeanor has influenced them;

b. they become aware of new significant facts or discover evidence that they could not present in the earlier proceedings.

33 1 Revisions applications are inadmissible if the grounds for revision could have been asserted in the proceedings preceding the order, or through an appeal or complaint against the order.

Administrative Justice Act (VRPG)

175.2

2 The revisions application must be submitted to the authority that issued the order within 90 days of discovering the ground for revision. After ten years from the notification of the order, a revisions application is only admissible for the reason stated in § 86a lit. a.

**33 1** The application for revision must state the grounds for revision and contain the motions made for the event of a new order in the matter. Evidence shall be enclosed or, to the extent that this is not possible, precisely designated.

**2** The submission of the application for revision postpones the enforcement of the challenged order only if the invoked authority so determines.

33 Revision takes place when the authority rescinds the decision or order in question and issues a new one.

Section Five: The Ombudsperson 34, 35

74 1 The Cantonal Council elects the Ombudsperson and their deputy for a term of four years. The deputy is functionally equal to the Ombudsperson.

2 The Ombudsperson is independent. Administratively, they are assigned to the Cantonal Council's Executive Board.

3 The Cantonal Council may remove the Ombudsperson and their deputy from office before the end of their term, upon proposal by its Executive Board, in cases of serious breaches of official duties or professional inadequacy. A two-thirds majority of the Cantonal Council members is required for such a decision.

**74 Personnel Law Status**

1. The provisions of personnel law apply *mutatis mutandis* to the Ombudsperson and their deputy, in particular concerning

a. salary payment,

b. the payment of family allowances,

c. rights and obligations in cases of parenthood, illness, and accident,

d. legal protection.

2. The salary of the Ombudsperson and the deputy corresponds to the maximum amount of salary grade 27 for cantonal employees. The deputy's salary is calculated based on their time commitment.

1.7.24 - 125

23

175.2

Seat and Organization

Administrative Justice Act (VRG)

74 1 The ombuds office is located in Zurich.

2 The ombudsperson is responsible for the hiring and promotion

of the ombuds office staff within the framework of the budget approved

by the Cantonal Council. The personnel law of the Canton applies

to the staff of the ombuds office.

3 If the ombudsperson takes on duties according to Art. 81 para. 4

KV3 in a municipality, they shall commence their activity no later than one year

after the entry into force of the corresponding provision of the municipal

ordinance.43

4 The Canton is represented vis-à-vis the ombudsperson by the

Executive Board of the Cantonal Council.

Controlling and

Accounting,

Approval of

Expenditures

Scope of Duties

a. Principle

b. Exceptions

45, 75 1 The Ombudsman is subject to the Law on Controlling and Accounting (CRG)17 and the implementing ordinances of the Government Council regarding this law.

2 They keep their own accounts. They annually submit to the Cantonal Council an overview of the development of services and finances, a budget draft, and a report on their activities, including financial statements.

3 They are equal to the Government Council regarding expenditure authorities. §§ 19–25 of the CRG17 apply mutatis mutandis.

66 1 The Ombudsperson examines whether the authorities and administrative

units of the Canton and the districts proceed according to law and equity.

2 In addition, they examine

a. the dependent and independent cantonal institutions and corporations,

with the exception of Zürcher Kantonalbank and Elektrizitätswerke des

Kantons Zürich,

b. the authorities and administrative units of a municipality whose municipal

constitution provides for the Ombudsperson's activities.

a.48

b.

c.

The following are exempt from review by the Ombudsperson

the Cantonal Council and the Church Synods;

authorities with judicial independence, insofar as they are not

active in the field of judicial administration;

other authorities

with regard to the preparation, enactment, amendment, repeal, and

approval of generally binding decrees,

in appeal proceedings, except in cases of denial of justice,

delay of justice, and other breaches of official duties.

24

Administrative Justice Act (VRG)

175.2

1 The Ombudsperson will act upon a complaint from someone legally or factually interested in the review of the procedure. The review may refer to an ongoing or concluded matter.

2 They may also act on their own initiative.

1. The Ombudsperson35 may clarify the facts according to Section 7 (1) b. Investigations.

2. The authorities with which the Ombudsperson35 is concerned in a particular case are obliged to provide information and to submit files to her. Restrictive provisions of the Confederation remain reserved.

3. The authorities, in turn, have a right to comment.

4. The Ombudsperson35 is equally bound to secrecy towards third parties and the complainant as the authorities concerned.

The Ombudsman35 is not authorised to issue orders. Based on their review, they can

a. provide the complainant with advice on their further conduct,

b. discuss the matter with the authorities,

c. if necessary, issue a written recommendation to the reviewed authority. They also submit this recommendation to the superior administrative body, the complainant, and, at their discretion, to other involved parties and other interested cantonal authorities.

c. Conclusion

lic.

1 The services of the Ombudsperson35 are free of charge.

d. Costs

2 A municipality whose municipal statutes provide for the activity of the

Ombudsperson shall contribute to the costs of the Ombuds-

office.43

3 The amount of the annual contribution shall not exceed CHF 1 per

inhabitant and shall be determined by the Cantonal Council upon application by the Ombudsperson.

The Cantonal Council shall take into account the number of inhabitants of all municipalities whose municipal statutes provide for the activity

of the Ombudsperson.67

4 If a municipality again waives the services of the Ombuds-

person, the financial obligation according to para. 3 shall remain for one year

after the entry into force of the corresponding provision

of the municipal statutes.43

1.7.24 - 125

25

175.2

e. Duty of

Confidentiality

Administrative Justice Act (VRG)

1 The Ombudsperson and their staff must maintain secrecy regarding their observations concerning authorities and private individuals. Section 167 GOG11.53 remains reserved.

2 The duty of confidentiality ceases if

a. the person concerned agrees, or

b. compelling public or private interests prevail, which justify the disclosure of information.

49, 68 Appeals against directives of the Ombudsman concerning their own personnel-related or administrative matters may be lodged with the Administrative Delegation69 of the Cantonal Council's management.

Personnel-related and administrative matters

Repeal and Amendment of Laws

a. Principle

b. Law on Disputes in Administrative Matters and Conflicts

c. Introductory Act to the Swiss Civil Code

d. Poor [Laws]

Sixth Section: Final and Transitional Provisions34

Provisions of Earlier Laws and Ordinances Repealed.

23 June 1831, as well as §§ 8–10 of the Law on Conflicts of

23 June 1831, are repealed.

The book of April 2, 1911, is amended as follows: . . .30

The Welfare Act is amended and supplemented as follows: . . .30

e. Tax Laws

Law on Inheritance and Gift Tax of April 26, 1936

as well as the Law on Entertainment Tax of December 16, 1934

are hereby amended such that the Administrative Court

replaces the Supreme Appeals Commission.

f. Miscellaneous

Laws

2. § 67 of the Law on Direct Taxes of July 8, 1951 is

repealed.

**dert:** ...30

26

**Administrative Justice Act (VRG)**

175.2

a. Pending

Proceedings

Disputes pending before an authority, the Insurance Court, or a civil court shall be decided and pursued based on the previous provisions, irrespective of the jurisdiction amended by this Act.

The term of office of the Administrative Court ends with the current term of office of the Supreme Court.

b. First Term of

Office of the

Members of the

Administrative

Court

c. Entry into Force

entitled, and after the official publication of the cantonal law and the

Decree of the Cantonal Council of Verification, it shall enter into force

on a date to be determined by the Government Council, but no later

than one year after its approval in the popular vote.

Transitional Provisions

Law of 8 June 1997 (OS 54, 268)

Art. XV para. 3

The jurisdiction for the assessment of appeal proceedings pending at the

time of entry into force shall be determined by the previous law. For

the rest, the new law shall apply to pending proceedings.

Law of 30 August 2004 (OS 59, 409)

1 The amended provisions shall also apply to proceedings that are

pending at the time of entry into force of this amendment to the

law.

2 The jurisdiction and composition of the body before which a

proceeding is pending at the time of entry into force shall be

governed by the previous law.

1.7.24 - 125

27

175.2 Administrative Procedure Act (VRPG)

Transitional Provisions for the Amendment of 28 August 2017

(OS 72, 523)

1 If the referendum period expires unused before 8 November 2017,

the amendment to the law shall enter into force on 1 January 2018.

2 In other cases, the Government Council shall decide on the date

of entry into force.

Transitional Provision for the Amendment of 12 December 2022

(OS 79, 157)

If the amendment enters into force during the current term of office of

the Ombudsperson, the previous law shall remain applicable until the

end of the current term of office.

1 OS 40, 546 and GS I, 342.

2 Entry into force: 1 May 1960 (OS 40, 593).

3 LS 101.

4 LS 131.1.

5 LS 151.

6 LS 161.

7 LS 170.4.

8 LS 175.21.

9 LS 175.213.

10 LS 175.252.

11 LS 211.1.

12 LS 230.

13 LS 331.

14 LS 351.

15 LS 413.30.

16 LS 551.19.

17 LS 611.

18 LS 631.1; LS 632.1.

19 LS 682; LS 681.

20 LS 700.1.

21 LS 711.1.

28

Administrative Procedure Act (VRPG)

22 LS 712.1.

23 LS 732.1.

24 SR 142.20.

25 SR 151.1.

26 SR 173.110.

27 SR 272.

28 SR 721.80.

29 SR 832.10.

30 For text, see OS 40, 566 ff.

175.2

31 Version according to Law of 6 September 1987 (OS 50, 221). In force since 1

January 1988 (OS 50, 223).

32 Repealed by Law of 8 June 1997 (OS 54, 268). In force since 1 January 1998

(OS 54, 290).

33 Inserted by Law of 8 June 1997 (OS 54, 268). In force since 1 January 1998

(OS 54, 290).

34 Version according to Law of 8 June 1997 (OS 54, 268). In force since 1 January

1998 (OS 54, 290).

35 Version according to Law of 27 September 1998 (OS 54, 752). In force since 1

July 1999 (OS 55, 62).

36 Repealed by Law of 27 September 1998 (OS 54, 752). In force since 1 July

1999 (OS 55, 62).

37 Inserted by Law on the Disclosure of Conflicts of Interest of Judges of 13 June

1999 (OS 55, 434). In force since 1 January 2000 (OS 55, 496).

38 Version according to Law on the Election of Part-time Members of the Courts of

4 January 1999 (OS 56, 43). In force since 1 March 2000 (OS 56, 56).

39 Inserted by Law on Default Interest for Public Law Claims of 17 June 2002 (OS

57, 277; ABI 2001, 1308). In force since 1 July 2003 (OS 58, 80).

40 Inserted by Law on Political Rights of 1 September 2003 (OS 58, 289; ABI 2002,

1507). In force since 1 January 2005 (OS 59, 194).

41 Version according to Law on Political Rights of 1 September 2003 (OS 58, 289;

ABI 2002, 1507). In force since 1 January 2005 (OS 59, 194).

42 Version according to Law on the Adaptation of Cantonal Law to the Federal Law

on Partnerships of 9 July 2007 (OS 62, 429; ABI 2006, 1703). In force since 1

January 2008.

43 Inserted by Law of 9 July 2007 (OS 62, 446; ABI 2006, 1313). In force since 1

January 2008.

44 Version according to Law of 9 July 2007 (OS 62, 446; ABI 2006, 1313). In force

since 1 January 2008.

45 Inserted by Law on Controlling and Accounting of 9 January 2006 (OS 62, 354;

ABI 2004, 89). In force since 1 April 2008 (OS 63, 134).

46 Repealed by Law on Controlling and Accounting of 9 January 2006 (OS 62, 354;

ABI 2004, 89). In force since 1 April 2008 (OS 63, 134).

1.7.24 - 125

29

175.2

Administrative Procedure Act (VRPG)

47 Version according to Law on Information and Data Protection of 12 February

2007 (OS 62, 121; ABI 2005, 1283). In force since 1 October 2008 (OS 63, 317).

48 Version according to Church Law of 9 July 2007 (OS 62, 482; ABI 2006, 573). In

force since 1 January 2010 (OS 63, 152).

49 Inserted by Law on the Adaptation of Cantonal Administrative Procedure Law

of 22 March 2010 (OS 65, 390; ABI 2009, 801). In force since 1 July 2010.

50 Version according to Law on the Adaptation of Cantonal Administrative Proce-

dure Law of 22 March 2010 (OS 65, 390; ABI 2009, 801). In force since 1 July

2010.

51 Repealed by Law on the Adaptation of Cantonal Administrative Procedure Law

of 22 March 2010 (OS 65, 390; ABI 2009, 801). In force since 1 July 2010.

52 Formal adjustment of marginal notes according to Law on the Adaptation of Can-

tonal Administrative Procedure Law of 22 March 2010 (OS 65, 390; ABI 2009,

801). In force since 1 July 2010.

53 Version according to Law on the Adaptation of Cantonal Authority Organization

and Cantonal Procedural Law in Civil and Criminal Matters to the New Federal

Procedural Laws of 10 May 2010 (OS 65, 520, 572; ABI 2009, 1489). In force

since 1 January 2011.

54 Version according to Law on the Subordination of the Tax Appeal Commissions

and the Building Appeal Commissions to the Administrative Court of 13 Sep-

tember 2010 (OS 65, 953; ABI 2010, 266). In force since 1 January 2011.

55 Version according to Introductory Law to Child and Adult Protection Law of 25

June 2012 (OS 67, 443; ABI 2011, 2567). In force since 26 September 2012.

56 Inserted by Cantonal Council Law of 17 December 2012 (OS 68, 149; ABI 2012,

189). In force since 6 May 2013.

57 Version according to Planning and Building Law of 28 October 2013 (OS 69,

262; ABI 2011, 1119). In force since 1 July 2014.

58 Repealed by Law on Registration System and Resident Registers of 11 May 2015

(OS 70, 407; ABI 2014-10-31). In force since 1 January 2016.

59 Version according to Law of 17 August 2015 (OS 71, 233; ABI 2015-01-23). In

force since 1 October 2016.

60 Inserted by Municipal Law of 20 April 2015 (OS 72, 183; ABI 2013-04-19). In

force since 1 January 2018.

61 Version according to Municipal Law of 20 April 2015 (OS 72, 183; ABI 2013-

04-19). In force since 1 January 2018.

62 Version according to Municipal Law of 20 April 2015 (OS 72, 183; ABI 2013-

04-19). In force since 1 January 2018. Correction of 19 June 2017 (OS 72, 382).

63 Inserted by Publication Law of 30 November 2015 (OS 72, 527; ABI 2014-11-

07). In force since 1 January 2018.

64 Version according to Publication Law of 30 November 2015 (OS 72, 527; ABI

2014-11-07). In force since 1 January 2018.

30

Administrative Procedure Act (VRPG)

175.2

65 Inserted by Law on Political Rights of 28 August 2017 (OS 72, 523; ABI 2016-

12-16). In force since 1 January 2018.

66 Version according to Law of 19 March 2018 (OS 73, 363; ABI 2016-07-15). In

force since 1 October 2018.

67 Version according to Law of 26 February 2018 (OS 73, 354; ABI 2017-04-28). In

force since 1 January 2019.

68 Numbering according to Law of 26 February 2018 (OS 73, 354; ABI 2017-04-

28). In force since 1 January 2019.

69 Version according to Cantonal Council Law of 25 March 2019 (OS 74, 387). In

force since 1 May 2020.

70 Version according to Law on Information and Data Protection of 25 November

2019 (OS 75, 263; ABI 2018-07-13). In force since 1 June 2020.

71 Inserted by Law of 30 November 2020 (OS 76, 198; ABI 2020-02-28). In force

since 1 July 2021.

72 Version according to Law of 14 March 2022 (OS 77, 424; ABI 2021-04-30). In

force since 1 October 2022.

73 Version according to Law on Political Rights of 9 May 2022 (OS 77, 403; ABI

2021-07-16). In force since 1 October 2022.

74 Version according to Cantonal Council Resolution on the Harmonization of Legal

Provisions concerning the Ombudsperson, the Head of Financial Control, and

the Data Protection Officer of 12 December 2022 (OS 79, 157; ABI 2022-07-15).

In force since 1 May 2024.

75 Numbering according to Cantonal Council Resolution on the Harmonization of

Legal Provisions concerning the Ombudsperson, the Head of Financial Control,

and the Data Protection Officer of 12 December 2022 (OS 79, 157; ABI 2022-

07-15). In force since 1 May 2024.

1.7.24 - 125

31