Administrative Court Act (VerwGG) - Scope (VERWGG)

1. This law regulates legal protection in administrative disputes before the administrative court.

1. This law does not apply insofar as federal enactments, as well as concordats and cantonal laws, contain differing provisions.

1. Administrative authorities and courts, as organs of administrative justice, are obligated to provide mutual legal assistance to each other.

2. Submissions to an incompetent judge shall be transferred within the canton to the competent authority. The sender is to be notified.

1. Judges and clerks shall recuse themselves if they

a) are personally involved in the matter themselves, or if persons who are married to them, living in a registered partnership, or in a de facto domestic relationship with them, or their relatives and in-laws in a direct line or up to the second degree in a collateral line, persons whose spouses or registered partners are siblings, their foster or step-parents, or their foster and stepchildren are involved in the matter;

b) are representatives, agents, employees, or organs of a party involved in the matter, or have been given a mandate in the matter;

c) have already participated in the same case as a public employee, judge, or clerk at a different instance;

d) appear to be biased for other reasons.

2. The participation of judges and clerks in summary proceedings shall not be considered grounds for recusal in a subsequent ordinary proceeding.

1. The following decides on contested issues of recusal

a) for judges and court clerks, the President of the Cantonal Court;

b) for the President of the Cantonal Court, his or her deputy.

2. These decisions can be appealed to the Commission for General Complaints.

1. The President ensures the orderly conduct of the proceedings. He may eject third parties and, in cases of serious or repeated disturbances, also participants or their representatives from the proceedings.

1. Anyone who, as a party involved, representative of a party involved, or third party in a proceeding, culpably violates legal provisions, the judge's orders, or decorum required by good manners or frivolously disrupts the proceedings, may be punished by the judge with a reprimand or a disciplinary fine of up to CHF 1,000.

2. The judge revokes or mitigates the disciplinary fine insofar as it subsequently proves to be unwarranted.

1. Submissions shall be filed in the required number so that courts and parties each receive a copy.

2. Missing copies may be prepared by the court clerk's office at the expense of the filer.

1. Requests and justifications must be limited to the essential.

2. The presiding judge may reject submissions that are verbose or violate decency and propriety, and may threaten non-consideration if the deficiencies are not remedied within the set deadline.

3. The imposition of costs or a disciplinary fine is reserved.

1. Orders issued by extrajudicial authorities or offices of the canton in application of public law of the canton or the federation which are not subject to any further cantonal legal remedies may be contested by an appeal to the Administrative Court.

2. The law applies mutatis mutandis to other bodies and institutions of cantonal public law, to agents of authorities, as well as to private individuals and private organizations that perform public tasks and have decision-making powers.

1. The appeal is inadmissible against decisions of predominantly political character.

2. It is also inadmissible against

a) Interim orders and decisions on complaints of denial or delay of justice, when the appeal against the final orders is inadmissible.

b) Orders regarding procedural costs, when the appeal is inadmissible in the main matter.

c) Orders regarding the enforcement of orders and decisions.

1. Decisions of the Presidents and Vice Presidents of the Courts on Personnel Matters of the Courts may be challenged by filing a complaint with the Commission for Complaints in Judicial Personnel Matters within ten days.

1. The following are entitled to file a complaint

a) any person who is affected by the contested decision and has a legitimate interest in its revocation or modification;

b) the authority whose decision has been annulled or modified by a non-judicial appellate body.

1. In tax disputes before the administrative court, federally certified tax experts are permitted to act as professional party representatives.

1. The appellant may raise the following grievances

a) Violation of federal law and cantonal law, including excess, insufficiency, or misuse of discretion;

b) Incorrect or incomplete determination of the legally relevant facts.

2. New facts and evidence may only be presented to the extent that the decision of the lower court gives rise to them.

1. The appeal must be submitted to the court registry within 30 days from the notification of the contested decision.

2. Deviating time limits prescribed by federal law are reserved.

3. Appeals against provisional measures, interim orders, and enforcement measures must be filed within seven days.

4. If the instruction on the right to appeal is missing, if the possibility of appeal is unjustly excluded, or if the instruction regarding the appeal is incorrect, the appeal period is 30 days. If the authority specifies a longer appeal period than legally provided, the appeal is permissible until the end of the specified longer period. If a shorter appeal period is indicated, the ordinary legal period still applies.

1. The complaint must be submitted to the court in writing and in duplicate.

2. The complaint must contain a concise presentation of the facts, a legal claim, a brief justification, as well as the signature of the complainant or their representative.

3. A copy of the contested decision and any relevant evidence must be attached, insofar as the complainant has them in their possession. If this is not possible, they must be identified.

4. If the complaint does not meet these requirements, the court shall set a reasonable deadline for the complainant to make corrections, with the warning that otherwise the complaint will not be admitted.

1. In matters of social insurance, the parties involved may, instead of submitting written statements, make declarations for the record before the appellate instance or an organ commissioned by it.

2. The record entries are communicated to the parties involved in writing.

1. The appeal has a suspensive effect, unless the lower court orders execution due to danger.

2. The president may issue a contrary order. Additionally, he may order provisional measures to preserve the status quo or to secure threatened legal interests. These orders are final.

3. Diverging provisions of the special legislation of the federal government and the canton remain reserved.

1. The lower court is obliged to transfer the files, accompanied by a chronological list of records.

1. The lower court and the affected parties are given an opportunity to comment if the appeal is not manifestly inadmissible or unfounded.

2. The court sets appropriate deadlines for the participants' cooperation. If the deadlines are not met, the court may decide without regard to the defaulters, provided it has threatened to do so.

3. In cases of imminent danger, the right to be heard may be granted even after the ordering of provisional measures.

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

2. The refusal to permit inspection must be noted in the files with a brief justification. The essential content of a document, to which access is denied, must be communicated as far as possible without violating the protected interest.

1. The appellate instance may attempt to reach an amicable settlement.

1. The court shall, ex officio, establish the facts relevant to the decision. It shall collect necessary evidence through the questioning of participants, informants, and witnesses, through the collection of documents, official reports, and expert opinions, through on-site inspections, as well as in other appropriate ways.

2. The participants or parties are obliged to cooperate in establishing the facts, insofar as they have initiated the proceedings through their request or submit independent requests in proceedings initiated by the authority.

3. The President of the Administrative Court or the instructing judge shall collect the necessary evidence and order the required expert reports. He is not bound by the motions of the parties in this regard.

4. Additionally, the provisions of civil procedural law shall apply mutatis mutandis.

1. The court may order an oral hearing if there are special reasons.

1. If the court annuls the contested order, it shall decide the matter itself.

2. Exceptionally, it may remit the matter to one of the lower courts for a new assessment.

3. The decision must be communicated in writing to the parties and the lower courts, signed by the court, usually without a statement of reasons. However, it may also be fully communicated.

4. The decision contains

a) in complete form: the petition of appeal, a brief presentation of the facts, the reasoning for the decision, the verdict, and information on legal remedies;

b) in the form communicated without a statement of reasons: the petition of appeal, the verdict, a reference to the possibility of requesting a complete decision, and information on the legal consequences thereof.

5. The parties and lower courts may request a complete decision within 30 days after the communication of a decision without a statement of reasons. If no reasoning is requested, the decision becomes legally binding upon the expiration of the deadline.

1. The court may neither exceed nor fall short of the parties' requests in its judgment, except in cases provided for by law.

2. If the court intends to award more than was requested, or less than what is acknowledged, the parties must be given another opportunity to comment before the decision is made.

3. The court is not bound by the reasoning provided for the requests.

1. If the complaint is withdrawn or otherwise becomes moot, it is dismissed subject to costs.

1. Unless otherwise specified in this section, the procedural provisions of the Court Organization Act shall apply.

1. The Administrative Court adjudicates

a) * public law compensation claims against public law corporations, subject to the jurisdiction of the Committee of the State;

b) pecuniary claims arising from public law contractual or quasi-contractual relationships;

c) * pecuniary claims arising from public law employment relationships, subject to the jurisdiction of the Committee of the State;

d) disputes in the sense of Art. 71 of the Federal Act on the Utilization of Water Power.

2. The provisions of the civil procedure legislation are applicable mutatis mutandis. The judge may ex officio take evidence. No mediation procedure takes place.

1. Claims in the field of social insurance law are to be submitted to the administrative court, insofar as federal law provides for them.

2. The provisions regarding appeals shall apply mutatis mutandis.

1. Claims pursuant to Art. 89 Federal Law on Health Insurance (KVG) and Art. 57 Federal Law on Accident Insurance (UVG) must be submitted to the respective arbitration court.

2. The provisions of civil procedure legislation apply mutatis mutandis. The court, with the participation of the parties, establishes the facts relevant to the decision; it gathers the necessary evidence and is free in the evaluation of the evidence. A mediation procedure does not take place.

1. The court shall review its decision ex officio or upon request by a party

a) if it has been influenced by a crime or an offense;

b) if a party presents new significant facts or evidence, or demonstrates that the appellate body has overlooked significant facts on record or specific requests.

2. A request for revision shall only be entertained if the reasons cannot be asserted by an ordinary legal remedy and it was also impossible with reasonable diligence.

3. The request for revision must be submitted in writing to the administrative court within 90 days from the discovery of the grounds for revision. However, a request for revision pursuant to para. 1 lit. b must be raised no later than ten years from the issuance of the appellate decision.

1. The request for revision and the appeal against decisions thereof shall only have suspensive effect if ordered by the court.

1. If an affected party has a legitimate interest in maintaining the decision, the court may only amend or annul the decision if it is required by more legitimate interests. The court must strive for a balance of interests, taking all circumstances into account.

1. Insofar as this section provides no other stipulations, the provisions concerning appeals shall apply mutatis mutandis to requests for revision.

1. Summonses, decisions, and other communications from the judge are typically delivered by post, and if necessary, by the police.

2. If the recipient's whereabouts are unknown, the communication, specifically decisions of the court, shall be published in the official publication organ. The judge may additionally order another form of publication. Publication is also permissible if the number of recipients is very large or difficult to determine.

1. The following are required to designate a service address in Switzerland

a) Parties who are absent from their Swiss residence for an extended period;

b) Parties who reside abroad.

2. Anyone who does not comply with the judicial request may be treated as a person with an unknown place of residence or as unjustifiably absent, if they have been warned of this consequence.

1. If the judgment is unclear, incomplete, or contradictory, the judge clarifies it upon request or ex officio.

1. The request for clarification must be submitted in writing within seven days from the delivery of the judgment.

2. It specifies the contested points of the legal decision. New evidence, which was not presented in the earlier proceedings, is excluded.

3. The opposing party is given the opportunity to respond, unless the request is obviously unfounded.

4. The judge decides without a hearing.

1. The rejection of the clarification can be appealed with the same legal remedy as the decision for which the clarification is requested.

2. If the judge approves the request, he shall reopen the decision.

1. Obvious errors in a decision, such as typographical mistakes, miscalculations, or incorrect designation of parties, can be corrected by the court president without further proceedings.

1. The party that is entirely or partially unsuccessful with its claims must bear the costs of the court proceedings.

2. The costs for inspections, witness examinations, expert reports, etc., are added to the court fees according to the actual expenses incurred.

3. Costs incurred by a participant due to delay tactics or other improper conduct, or by violating essential procedural rules, shall be borne by that participant. Furthermore, each party must bear the costs arising from subsequently presenting claims, facts, or evidence, which they could and should have asserted in a timely manner.

4. If multiple parties are liable for the same official action, they are jointly and severally liable unless the court provides otherwise.

5. Whoever requests the reasoning for a decision must bear the costs of the reasoning, regardless of whether they succeed or fail in the case.

6. Generally, no official costs are levied on public entities.

1. The court may require an advance payment of costs.

2. If the affected party fails to comply with the request despite being informed of the consequences of default, the proceedings may be discontinued, or the requested official act may be omitted, unless public interests oppose it.

1. When the circumstances justify it, the court may waive advance payments of costs and the collection of official fees.

1. In court proceedings, extra-judicial costs are reimbursed to the extent that they appear necessary or appropriate due to the factual or legal situation.

2. The extra-judicial compensation is imposed on the parties involved in the proceedings based on their success or failure.

1. A party is entitled to be granted legal aid if they lack the means to cover the legal costs in addition to providing for their own and their family's living expenses.

2. Legal aid is not granted

a) if the proceedings appear to be hopeless;

b) for legal entities and commercial companies, special funds, as well as bankruptcy and estate masses;

c) for authorities and public-law corporations;

d) in other cases provided for by law.

1. Legal Aid Covers as Necessary

a) exemption from advances;

b) exemption from official costs;

c) appointment of a legal representative; this representative is compensated by the state if recourse to the liable opposing party is not possible.

1. Applications for legal aid may be submitted to the administrative court at any time, with a brief statement of reasons, submission of the files, and indication of the parties' requests.

2. The President decides on the application. These decisions can be challenged by filing a complaint with the Commission for General Complaints.

3. The application for legal aid cannot generally be approved retroactively.

1. The granting of legal aid shall be revoked if the prerequisites were not fulfilled or cease to be fulfilled during the course of the proceedings.

1. If the financial circumstances of a party, particularly in the event of a favorable outcome in the proceedings, allow it, they can be obligated to reimburse all costs borne by the state.

2. The claims expire ten years after the conclusion of the proceedings.

1. Deadlines established by law cannot be extended.

2. Failure to comply results in forfeiture, unless otherwise specified by law.

1. The judge may extend deadlines set by him and postpone hearing dates if a request is made before the expiration of the deadline or before the hearing date.

2. He notes the consequence of forfeiture in the setting of the deadline or in the summons.

1. The judge shall consider the purpose of the proceedings, the regulations concerning their duration, and the interests of the parties and third parties when determining deadlines and hearing dates, as well as when extending or rescheduling them.

1. The summons specifies its purpose. It indicates whether personal appearance is required.

1. A person who, upon being summoned, fails to appear within half an hour of the scheduled time without a valid excuse or refuses to participate in the proceedings, may be deemed absent.

1. For the calculation of time limits, the cantonal law on time periods shall generally apply.

2. ...

3. If a submission is timely filed with an incompetent authority, the deadline shall be deemed met.

1. A summons date or deadline shall be reinstated if the defaulting party credibly demonstrates an unavoidable obstacle as the cause of default.

2. The judge may order the reinstatement if the defaulting party is found to have slight negligence or if the opposing party in the proceedings consents.

3. Reinstatement may also occur after a final decision has been rendered.

1. The decision on the reinstatement is made by the judge before whom the hearing date or deadline was missed.

1. The application must be submitted in writing within seven days after the obstacle has ceased to exist or the default judgment has been announced.

2. If the summons, the deadline, or the default judgment has been published, reinstatement can no longer be requested if two months have passed since the publication.

3. The application must state the grounds for reinstatement and name the evidence.

1. The judge decides after giving the opposing party the opportunity to provide a statement.

2. He may collect evidence requested and investigate ex officio whether the grounds for reinstatement claimed are valid.

1. The following can be appealed

a) the restoration decision concerning a final or partial decision according to the provisions applicable to it;

b) the decision on the reinstatement of a legal appeal deadline according to the provisions applicable to the decision on the appeal.

2. For other decisions, the provisions regarding the complaint of denial of justice remain reserved.

1. Court Holidays are as follows

a) from the seventh day before Easter to and including the seventh day after Easter;

b) from July 15th to and including August 15th;

c) from December 18th to and including January 2nd.

1. During court recesses, statutory and judicial deadlines are suspended.

2. The parties may not be summoned for hearings.

1. Decisions are enforceable when they are reasoned or if a complete copy has not been requested within the deadline.

1. The court is responsible for enforcement unless another authority is declared competent by law or regulation.

1. If the order or decision pertains to a monetary payment or security performance, enforcement shall proceed in accordance with the regulations governing debt enforcement.

1. If the order or decision is directed towards taking an action, tolerating, or refraining from an action, enforcement shall, if necessary, take place with police assistance by means of substitute performance executed by the authority or a third party appointed by it, or through direct coercion at the expense of the obligated party.

2. Unless there is imminent danger, the enforcement measure must be threatened with a reasonable deadline set.

3. Enforcement through substitute performance or direct coercion does not apply in tax matters.

1. The court may threaten the penalty prescribed by law in the event of disobedience.

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

1. Upon the entry into force of this Act, all decrees that contradict it shall be repealed, in particular the Administrative Court Act of April 25, 1999 (VerwGG).

1. The Grand Council determines the enactment of this law.