Act on Administrative Justice (VRPG) - Scope of Application (VRPG)

1. The provisions of this law apply, unless there are specific regulations, to the proceedings before the administrative authorities of the canton, the municipalities, other public-law corporations, and public institutions, as well as before the Supreme Court.

2. Private individuals and private organizations are considered equivalent to administrative authorities insofar as they exercise powers in the fulfillment of public-law tasks assigned to them.

3. The law is not applicable to public-law religious communities within the meaning of Art. 109 et seq. of the Cantonal Constitution (KV).

1. The authority shall examine its jurisdiction ex officio before it takes up the handling of a matter.

2. If it considers itself incompetent, it shall forward the submission to the competent authority.

3. If it has doubts about its jurisdiction, it shall engage in an exchange of views with the authority whose jurisdiction is in question.

4. It is excluded to establish a jurisdiction deviating from the law by mutual agreement between the authority and the party.

1. Communication with parties, authorities, and third parties may be conducted electronically, provided that the recipient has set up appropriate access and that the modalities and security requirements are adhered to.

2. A written form based on cantonal law may be replaced by electronic form if the identity of the sender and the integrity of the transmission are ensured.

3. The government council shall issue the necessary implementing provisions.

1. Administrative Authorities Expeditiously Process the Procedures Initiated with Them and Ensure Their Prompt Resolution.

1. The day on which a period or an order is initiated is not counted in the calculation of the period.

1. If the last day of a deadline falls on a Saturday, Sunday, or a nationally recognized public holiday, it shall end on the next following working day.

2. A deadline expires at midnight on the last day. It is considered to be met if by that time the relevant action has been taken or written submissions have been handed over to the Swiss postal service or a Swiss diplomatic or consular representation.

3. If a party timely submits to an incompetent authority within the canton or an incompetent federal authority, the deadline is considered to be observed.

1. Officially designated deadlines may be extended if a written request is made before the expiration of the deadline; statutory deadlines cannot be extended.

2. A missed deadline may be reinstated if excusable reasons for the failure exist. The application for reinstatement must be submitted in writing and with justification within five days from the removal of the reason that prevented compliance with the deadline.

**1. To the extent that no specific regulations exist, the statutory or judicial deadlines determined by days in the proceedings before the Higher Court are suspended:**

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

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

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

1. Persons who have to make or prepare a decision must recuse themselves

a) if they have a personal interest in the matter;

abis) if they are related or connected to a party in a direct line or up to the third degree in a collateral line, or are related by marriage, registered partnership, or de facto domestic partnership;

b) if they have already participated in a preliminary decision;

c) if they represent a party or have previously acted for a party in the same matter;

d) if they have a significant interest in the outcome concerning a legal entity;

e) if they could be biased in the matter for other reasons.

2. If the recusal is disputed, the decision is made by

- in the case of members and the secretary or the actuary of a collegial authority, this authority excluding the person affected;

- in individual cases, by the appellate authority;

- in the case of a single judge of the higher court, by the higher court itself.

3. If the quorum of an authority is challenged as a result of a recusal request, the decision on the disputed recusal is made

a) for the municipal council, by the government council;

b) for the government council, by the higher court;

c) ...

4. Article 47 letter e of the Judicial Act applies to the higher court.

1. Each party may be advised by counsel and, insofar as personal action or appearance is not necessary, be represented.

2. The representative must, upon request of the authority, furnish proof of representation with a written power of attorney.

1. The authority or a designated person thereof shall establish the facts of the case, insofar as they are essential for the assessment, ex officio and shall take the necessary precautionary measures.

2. The investigation is conducted by questioning the parties involved and informants, by hearings of witnesses, by consulting official reports, documents, and experts, by inspection, or in another manner.

3. The following are entitled to conduct witness hearings: the Government Council, the departments, as well as the Supreme Court. The corresponding provisions of the Swiss Civil Procedure Code shall apply mutatis mutandis.

4. If a party refuses to cooperate, the request shall either not be addressed or decided based on the records.

1. Administrative authorities and judicial bodies provide each other with administrative and legal assistance upon request.

1. The parties have the right to be heard.

2. There is a right to access the case files, provided that no overriding public or private interests oppose this.

3. The parties and their representatives have the right to attend the questioning of informants and the examination of witnesses, to ask supplementary questions, and to participate in official inspections. A hearing does not need to be postponed because parties involved in the proceedings are unable to attend.

1. If the authority considers the determination of the facts to be complete, it shall give the parties the opportunity to inspect the files and to comment.

2. The procedural files shall be made available for inspection or provided in copies upon request. Authorities and lawyers registered in a bar association can be provided with the original files.

3. File inspection can be granted electronically with the consent of the party. The governing council shall issue implementing regulations on the modalities and security requirements.

1. The parties are entitled to submit new requests and introduce new facts and evidence until the decision of the authority.

2. Article 33 paragraph 2 applies to the appeal procedure.

1. The authority is not bound by the parties' requests in its decision.

2. It evaluates evidence according to its free conviction.

1. Decisions shall generally be communicated in writing to the parties and other private individuals and authorities involved in the proceedings. If a decision is exceptionally communicated orally, it must be confirmed in writing without delay.

1bis. A decision may be communicated electronically with the consent of the party. The government council shall issue implementing regulations concerning the methods and security requirements.

2. The delivery of a decision is considered effected even if the recipient is incapacitated.

3. If a party's whereabouts are unknown, the decision is considered communicated if it is published in the cantonal official gazette.

4. Decisions directed at an indeterminate number of persons (general decisions) shall be communicated through publication in the cantonal official gazette.

5. If no regular legal remedy is available, a decision is considered communicated with the delivery of the operative part.

1. Parties involved in proceedings with their seat or domicile abroad may be required to designate a service address or a representative in Switzerland.

2. If they do not comply with this request within a reasonable period, the authority may either substitute service with an official, cost-incurring publication or decline to proceed with the submission.

1. Orders must contain

a) the designation of the authority and the names of the authority members who have recused themselves;

b) the date of the resolution;

c) the facts and the rationale, including reference to the applicable provisions;

d) the decision (dispositif);

e) the determination of costs and the obligation to bear costs;

f) the instruction on legal remedies;

g) the date of dispatch;

h) the signature.

2. An order can be issued without reasoning if

a) an uncontested request is fully complied with, or

b) an appeal against the order is permissible and there are no conflicting third-party interests.

3. For mass orders, the signature may be omitted.

1. Anyone who requests or initiates an official act must pay the procedural costs. These consist of a fee and expenses.

2. If several persons are liable for fees and costs for an administrative act, they are jointly liable, unless otherwise stipulated.

3. In appellate proceedings, the party liable for fees and costs is the one who is wholly or partially unsuccessful or whose appeal is not accepted.

4. The prevailing party may be wholly or partially charged with fees and costs if they established the grounds for prevailing only during the appellate proceedings.

1. Within the fee framework, the fees shall be assessed based on the time and effort expended, the significance of the matter, as well as the interest and the economic capacity of the parties liable for the fees.

1. In appellate proceedings, the appellant or complainant may be required to provide a cost advance. They shall be given an appropriate deadline and warned that, in the event of non-compliance, the appeal will not be entertained.

1. Neither the Confederation, the canton, nor the municipalities, as well as other public law corporations and institutions within the canton, shall be charged procedural costs.

2. Furthermore, procedural costs are generally waived

a) for the granting of state contributions, scholarships, loans, etc.;

b) in matters of social insurance and social assistance;

c) in disputes arising from public-law employment relationships;

d) for election and voting complaints;

e) in cases of protective custody.

3. Procedural costs may be imposed, even in the cases referred to in paragraph 2, if a procedure is initiated or conducted frivolously.

4. If an official act involves minimal effort, in cases of non-admission and withdrawal decisions, or for reasons of equity, procedural costs may be wholly or partially waived.

1. Court fees may be waived in whole or in part if one party is in a state of hardship or if collecting the fees would entail undue hardship.

2. Upon request, the payment deadline may be extended or installment payments may be granted.

3. The issuing authority is responsible for waivers and deferrals, unless special provisions exist.

4. ...

1. In the appeal procedure (Art. 30 et seq.), the party that prevails in whole or in part may, upon request, be awarded reasonable compensation for their costs and expenses, which, however, is usually not more than CHF 7,000.-

1bis In determining the party's compensation, particular consideration shall be given to the time invested and the complexity of the case, its significance for the parties involved, as well as their economic circumstances.

2. The party's compensation shall be borne by the losing party. For reasons of equity, it may also be imposed on the state or municipal treasury.

3. No party compensation shall be awarded

a) to authorities, except in a litigation procedure pursuant to Art. 57 et seq. or in cases of frivolous litigation;

b) if the conditions for prevailing were only created during the appeal procedure;

c) in the objection procedure.

1. If a party lacks the necessary means and their request does not appear hopeless, the deciding authority or the member responsible for the instruction can grant them legal aid free of charge.

2. Provided the raised questions are not easily answered, are of significant importance, and the party itself is not knowledgeable in the law, legal representation can be combined with the granting of free legal aid.

3. If the party comes into favorable economic circumstances through the process or otherwise, they must repay the waived official costs and reimburse the expenses. They are obligated to cooperate in the repayment and reimbursement process.

4. The obligation to repay and reimburse expires within 20 years from the date of the final decision in the proceedings in which free legal proceedings were granted.

1. A legally completed procedure shall be reopened by the authority upon request or ex officio if

a) a criminal act influenced the decision;

b) a party subsequently discovers significant facts or evidence that could not have been presented in the previous procedure, excluding those that arose after the contested decision;

c) the authority was obviously in error regarding decisive facts;

d) compelling public interests necessitate it.

2. The application for reopening must be submitted in writing to the issuing authority within 60 days of discovering the reason for reopening, but no later than ten years after the decision was issued.

3. The decision on a reopening application and the new decision can be contested in the same manner as the original decision.

4. Anyone who has in good faith made arrangements and suffers damage due to the modified or revoked decision in the reopening procedure is entitled to compensation for the damage, unless they were responsible for the reason leading to the new decision. The claim is directed against the corporation whose authority issued the new decision.

1. A party may at any time request the administrative authority for reconsideration of a decision.

2. Requests for reconsideration do not establish an entitlement to be addressed and do not suspend the running of deadlines.

1. The correction of typographical or calculation errors can be made at any time. It must be communicated to the parties immediately.

2. If the ruling of an order or decision is unclear or contains contradictions, it shall be clarified by the authority that issued it, either ex officio or upon the request of a party.

1. Anyone who initiates or conducts a proceeding frivolously or violates customs and decency during the proceeding may be punished with a regulatory fine of up to CHF 1,000.

2. The authority responsible is the one where the proceeding is pending.

3. The fines accrue to the municipality whose authority imposed them.

1. Appeals may be filed against

a) * Final decisions;

b) * Interim decisions if they result in a disadvantage for the affected parties that is likely irreparable in the future;

c) * The unlawful refusal or delay of an appealable decision.

2. ...

1. The appellate instance is the superior administrative authority, unless specific provisions exist.

2. The appeal procedure before a cantonal administrative authority is the final instance within the administrative internal process.

1. The appeal must be submitted within 20 days after the issuance of the decision.

2. An appeal based on denial of justice or delay in justice is not subject to any time limit.

1. The right to appeal is granted to anyone who has a legitimate interest in the annulment or modification of the contested decision or is authorized by law to do so.

2. In order to protect their own public interests, the right to appeal is also available to municipalities as well as other public law corporations and institutions.

1. An appeal may raise any defects of the prior instance procedure and the contested decision, but in matters concerning enforcement orders (Art. 63), only the unlawfulness or inappropriateness of the enforcement may be challenged.

2. New factual allegations and new evidence are admissible.

1. No disadvantages may arise for the affected person from an incorrect legal remedy instruction.

2. If the legal remedy instruction is omitted in a decision that can be appealed, the submission of the legal remedy is permissible within two months from the delivery of the decision.

1. The appeal must be submitted in writing to the appellate authority. The contested decision must be attached.

2. The appeal submission must include a petition and a brief statement of reasons. Evidence must be precisely identified and, where possible, attached.

3. If the appeal submission does not meet these requirements, a reasonable deadline must be set for correction, with the warning that otherwise a decision will be made based on the records, or the matter will not be considered.

1. The appeal has a suspensive effect, unless this is withdrawn by a special provision or by the adjudicating authority for important reasons.

2. The appellate authority or a person designated by it may, upon request, make a contrary decision.

1. The instruction of the appeal is the responsibility of the president of the appellate authority or a person entrusted with this task.

2. The person instructing must not have been previously involved in the case in an official capacity.

3. The appellate authority shall inform the parties involved in the prior instance proceedings in writing that an appeal has been filed and simultaneously disclose the person instructing the case.

1. The person entrusted with the instruction of the appeal is at any time entitled to propose an amicable settlement to the parties.

1. If the appeal can be admitted and it does not prove to be manifestly unfounded, the appellate authority shall send a copy of the appeal submission to the lower instance and other parties involved in the lower instance proceedings, and request them to submit a written statement within a reasonable period.

2. The lower instance shall provide the records to the appellate authority within the same period.

3. If necessary, further exchanges of written submissions may be ordered, and an oral hearing may be conducted.

4. An appeal can be withdrawn as long as no decision has been made on the merits of the case.

1. The appellate authority may go beyond the legal request of the appellant in favor of the appealing party; it may amend the contested decision to their detriment if important public interests so require, and if it has expressly informed the affected party of this possibility.

1. When the contested decision is annulled, the appellate authority generally decides the matter itself.

2. If the facts of the case have not been sufficiently investigated by the lower instance, or if the contested decision was issued in violation of essential procedural principles, the appellate authority may remand the case to the lower instance for a new assessment and provide specific instructions.

3. With the agreement of the parties involved, the reasoning of the decision may be omitted; the costs will be appropriately reduced.

1. Facts that make it seem necessary to take action against an authority can be reported to the supervisory authority.

2. The person who reports, unless otherwise provided by regulation, has no party rights but can request to be informed about the resolution of the report.

1. Costs and Free Legal Aid are governed by Art. 19 et seq.

2. ...

3. The prevailing party is generally entitled to compensation for its necessary costs and expenses.

1. The appeal to the Higher Court is admissible against

a) final decrees of administrative authorities;

b) provisional orders of administrative authorities, when they have a disadvantageous effect on the affected parties that is likely to be irreparable later;

c) the unlawful refusal or delay of a contestable decree by a final instance administrative authority.

2. It is inadmissible if a decree can be directly contested with a federal administrative authority, the Federal Administrative Court, or the Federal Criminal Court, or if the law explicitly designates a decree as final.

3. The law may assign further disputes to the Higher Court or exclude the appeal to the Higher Court.

1. The appeal must be submitted in writing to the High Court within 30 days.

2. The appeal for denial of justice or undue delay is not subject to any time limit.

1. Appeals may be lodged on grounds of legal violations as well as incorrect or incomplete establishment of the facts.

2. The Higher Court has full authority for review, insofar as this is provided for by law or when its decision can be appealed to a federal instance with unlimited review authority.

3. In the application scope of Articles 19, 20, 24, and 25, the Higher Court has full authority for review.

1. The High Court adjudicates in litigation proceedings

a) pecuniary disputes of a public-law nature;

b) disputes arising from public-law contracts;

c) disputes between the awarding authority and the concessionaire, between concessionaires amongst themselves, and between concessionaires and other rights holders;

d) disputes between provident institutions, employers, and entitled claimants.

2. An administrative court action is inadmissible if the claimed right can be asserted through an appeal.

1. Complaints shall be submitted in writing without attempting conciliation.

2. The Higher Court ascertains the facts of the case. It is bound by the applications.

1. For the calculation of the amount in dispute in matters of property law, the provisions of the Swiss Civil Procedure Code apply mutatis mutandis.

1. In the absence of specific provisions, the rules concerning appeals (Art. 30-41) as well as Articles 1-26, 28, and 29 shall apply mutatis mutandis to administrative court complaints and administrative court actions.

2. Electronic commerce is governed by the provisions of the Swiss Civil Procedure Code.

1. Orders are enforceable if they cannot be contested with an ordinary legal remedy, if the period for doing so has expired without utilization, or if there is no suspensive effect.

1. The enforcement of an order is generally the responsibility of the first instance.

1. Orders for Payment or Provision of Security are executed in accordance with the Federal Act on Debt Collection and Bankruptcy. They are equivalent to enforceable judicial judgments.

1. For the enforcement of other orders, the authority shall apply the following enforcement measures in accordance with the principle of proportionality

a) substitute performance at the expense of the obligated person;

b) direct coercion, if necessary with the assistance of the police;

c) prosecution, insofar as the law prescribes a penalty.

2. If there is no urgency, the enforcement measure must be threatened with the setting of a reasonable deadline and, if applicable, with reference to Article 292 of the Criminal Code.

3. If substitute performance at the expense of the obligated person has been ordered, the decision on costs is equivalent to an enforceable judicial judgment.

4. The appeal period against enforcement orders is five days; the grounds for appeal are governed by Article 33.

1. The following legal enactments are amended as follows

a) Law of April 24, 1988, on Political Rights

b) Law of February 26, 2001, on Municipal Fees (Fee Schedule for Municipalities)

c) Law of April 27, 1969, on the Introduction of the Swiss Civil Code (Introductory Law to the Swiss Civil Code)

d) Law of April 25, 1982, on Administrative Fees

e) Law of April 30, 1978, on Criminal Procedure (Criminal Procedure Code)

f) Ordinance of June 1, 1963, on the Administration of the Pro Appenzell Foundation

g) Ordinance of February 6, 1978, on Fisheries (Fisheries Ordinance)

h) Ordinance of November 3, 1975, on Cable Cars for Passenger Transport Without Federal Concession and Ski Lifts

i) Law of April 29, 1984, on Child Allowances (Child Allowance Law)

j) Law of April 30, 1933, on Peddling, Clearance Sales, and Markets (Peddling Law)

1. The following laws are repealed

a) Law of April 26, 1970, on time limits;

b) Law of April 28, 1985, on administrative procedure;

c) Law of April 25, 1993, on administrative jurisdiction.

2. This law is subject to an optional referendum.

3. The Council of Government determines the commencement date.