Kanton Glarus (VRG)

Principle

1 This Act governs the procedure and legal protection concerning decisions and contracts in administrative matters, as well as legal protection in other public-law disputes.

1. Dieses Gesetz gilt für folgende Behörden

| | | | | | --- | --- | --- | --- | | a. | den Regierungsrat und die übrigen kantonalen Verwaltungsbehörden; | | |

| | | | | | --- | --- | --- | --- | | b. | die Vorsteherschaften und Verwaltungsbehörden der Gemeinden und der weitern öffentlich-rechtlichen Körperschaften sowie die Organe der öffentlich-rechtlichen Anstalten; | | |

| | | | | | --- | --- | --- | --- | | c. | private Personen und Organisationen, soweit ihnen öffentliche Aufgaben übertragen sind, und | | |

| | | | | | --- | --- | --- | --- | | d. | das Verwaltungsgericht und die unabhängigen Rekurskommissionen (verwaltungsgerichtliche Behörden). | | |

the Cantonal Council and the other cantonal administrative authorities;

the executive boards and administrative authorities of the municipalities and other public law corporations, as well as the organs of public law institutions;

private persons and organisations, insofar as they are entrusted with public tasks, and

the Administrative Court and the independent appeals commissions (administrative judicial authorities).

Decisions

1 Decisions within the meaning of Article 1, namely first-instance rulings as well as decisions and judgments in judicial proceedings, are legally binding orders issued by an authority in an individual case, which are based on public law and with which

a. rights and obligations are established, amended or revoked;

b. the existence, non-existence or content of rights and obligations are determined;

c. requests for the establishment, amendment, revocation or determination of rights and obligations are rejected or settled by non-admission;

d. procedural or other interim decisions are made, or

e. the enforcement of public law claims is ordered.

2 Decisions include sovereign orders in individual cases issued by an authority in application of private law provisions.

3 General rulings which contain legally binding orders in individual cases addressed to an indefinite number of persons are also considered decisions.

1) GSIA/1/1; Cantonal Constitution of 1 May 1988 Art. 113

SBE III/1 32

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Written Form

1 Where this Act requires the written form, the qualified electronic signature in accordance with the Federal Act on Electronic Signatures² is equivalent to a handwritten signature.

2 The Government Council may provide for simplifications for electronic submissions.

Application to Churches and Parishes

1 This Act shall only apply to proceedings of the publicly recognized cantonal churches and their parishes if

a. a complaint or action before a judicial authority of the Canton is provided for by law;

b. in matters of public law, a dispute exists with a non-ecclesiastical authority; or

c. certain provisions are declared applicable by the legislation of the cantonal churches.

Inapplicability

1 This Act does not apply to

a. purely internal administrative acts, namely service instructions,

provided that they do not affect citizens in their protectable interests;

b. the Glarner Kantonalbank in its business activities, and

c. the cantonal property insurance and other institutions or undertakings

of the public hand, when they act under private law and not in a sovereign capacity.

2) SR 943.03

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### Supplemental and Derogatory Provisions

1. Special cantonal regulations that further elaborate or supplement this law shall apply, provided they do not contradict the provisions of this law.

2. The provisions of the Tax Law concerning assessment and objection procedures take precedence over this law. For tax appeal procedures, however, the present law applies.

3. The procedural law provisions of federal law take precedence.

1. Das Gesetz über die digitale Verwaltung[[3]](#paragraphtext_content_fn_732037_2_3_c) ist auf die Verfahren nach diesem Gesetz anwendbar.

2. Davon ausgenommen sind die Verfahren vor dem Verwaltungsgericht, den unabhängigen Rekurskommissionen sowie den verwaltungsunabhängigen Kommissionen.

1. Jede Behörde handelt aufgrund der geltenden Rechtsordnung und wahrt in diesem Rahmen sowohl die Rechte der Bürger wie das öffentliche Wohl.

2. Sie beachtet insbesondere folgende allgemeine Rechtsgrundsätze

| | | | | | --- | --- | --- | --- | | a. | die Gesetzmässigkeit; | | |

| | | | | | --- | --- | --- | --- | | b. | die Rechtsgleichheit und das Verbot von Willkür; | | |

| | | | | | --- | --- | --- | --- | | c. | die Verhältnismässigkeit der vorgesehenen Massnahmen; | | |

| | | | | | --- | --- | --- | --- | | d. | Treu und Glauben und das Verbot von offenbarem Rechtsmissbrauch; | | |

| | | | | | --- | --- | --- | --- | | e. | die Vermeidung einer belastenden Rückwirkung des Entscheides, und | | |

| | | | | | --- | --- | --- | --- | | f. | das Verbot eines überspitzten Formalismus. | | |

1. Die Behörde wendet das Recht von Amtes wegen an.

2. Der Regierungsrat und die verwaltungsgerichtlichen Behörden überprüfen von Amtes wegen oder auf Antrag vorfrageweise die Geltung und Rechtmässigkeit der im hängigen Fall anwendbaren Vorschriften. Sie wenden keine Vorschrift an, die dem Bundesrecht oder höherstehendem kantonalen Recht widerspricht.

1. Die Behörden führen die Akten digital und geben sie elektronisch weiter.

2. Ausgenommen sind Akten, die sich aus technischen oder beweisrechtlichen Gründen nicht eignen.

Jurisdiction Regulations

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

2 Contrary agreements or concessions by the parties are void.

Examination; Referral

1 Each authority examines its jurisdiction ex officio.

2 If it considers another authority to be competent, it immediately refers the matter to that authority, notifying the parties involved.

Disputed Jurisdictions

1 An authority may record its jurisdiction or lack of jurisdiction, if disputed

by a party, in an interim decision, which the parties may challenge by

appeal.

2 Jurisdictional conflicts between authorities shall be resolved by mutual

agreement after an exchange of views. If no agreement is reached within

a reasonable period, the decision shall be made by

a.

b.

c.

jurisdictional conflicts between the administrative authorities of

the Canton, the Government Council;

jurisdictional conflicts between authorities of municipalities, other

public law corporations and public law institutions, or jurisdictional

conflicts between these authorities and cantonal administrative

authorities, the Administrative Court;

jurisdictional conflicts between a civil or criminal court authority

and an administrative court authority, as well as between the

Government Council and a court authority, the Cantonal Council.

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3.1.2. Recusal

Reasons

1 Persons who prepare or make a decision must recuse themselves if they

a. have a personal interest in the matter or can expect an advantage or

disadvantage from the outcome of the proceedings;

b. are related by blood or marriage to a party or their representative in the

direct line or in the collateral line up to the second degree, or are

connected by marriage, de facto partnership, registered partnership, or

foster parentage;

c. are or were a representative of a party or otherwise acted for them in the

same matter;

d. have been heard as a witness or expert in the matter or were otherwise

involved in the proceedings at a lower instance; or

e. are obviously biased for other reasons, in particular due to friendship or

enmity with a party or their representative.

2 If an appeal is lodged with the Government Council against a decision of a

department, the member of the Government Council who made the contested

decision shall only have an advisory vote.

Decision on Disqualification/Recusal

1 If grounds for disqualification/recusal have arisen or become known, the authority responsible for the matter must immediately decide on the disqualification/recusal.

2 If the disqualification/recusal is disputed, the superior or supervisory authority shall decide thereon, or, in the case of a disqualification/recusal of a member of a collegial authority, that collegium shall decide, excluding the member concerned from deliberation and decision-making.

3 For the Administrative Court, Article 32 of the Court Organization Act4) applies. *

3.2. Parties and Party Status

3.2.1. Definition of a Party

¹ A party is anyone who has a legitimate interest in a public-law matter that warrants protection.

4)

GS III A/2

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² A party is also an authority or other person or organization, insofar as they are entitled by law to lodge a complaint or bring an action.

3.2.2. Joinder

1. If a decision is likely to affect the legitimate interests of a third party, the authority may, upon the third party’s request, upon application by a party, or ex officio, include the third party in the proceedings by way of joinder. If a third party's legal position is certainly affected by the outcome of the proceedings, that party must be joined, provided they are known to the authority.

2. The joined party shall be informed of the motions and submissions of the other parties and shall be given the opportunity to comment thereon and to present their own requests. Likewise, the existing parties may comment on what the joined party motions or submits.

3. A decision rendered may be invoked against the joined party, regardless of whether they actually participated in the proceedings or not; if they participated, this also includes consequences regarding costs and compensation.

3.2.3. Party Representation

Representation and Assistance

¹ At every stage of the proceedings, a party, if not required to act in person, may be represented or, provided that the urgency of an official act does not preclude it, assisted.

² Except in tax law and social security law disputes, parties before the Administrative Court may only be represented by a person who is entitled to represent parties before Glarus courts according to the Cantonal Lawyers Act.

Traffic with the Representative

1 An authority may request the representative to identify himself by means

of a written power of attorney. Lawyers admitted to represent parties are considered

authorised representatives of the parties for whom they act. *

2 As long as the party does not revoke the power of attorney, the authority directs its

communications to the representative.

* **Mandatory Digital Communication**

1. Persons acting professionally and legal entities may exchange documents

with authorities only via the respective platform for the transmission

of electronic documents.

2. A person acting professionally is understood to be

a. anyone authorized under cantonal lawyer's law to represent parties

before Glarus courts;

b. anyone prepared to undertake representation in an indefinite number

of cases.

3. Anyone obliged to use the respective platform for the transmission of

electronic documents who submits paper documents will be given a reasonable

deadline by the authority for electronic submission, with the warning

that failure to do so will result in the submission being disregarded.

4. Excluded are documents that are unsuitable for technical or evidentiary

reasons.

3.3. **Procedure Flow**

3.3.1. **General**

Acting Ex Officio

1 The authority acts ex officio, except when a request or other action by a party is a prerequisite according to a provision.

Preparation of the Decision

1 As a rule, each authority prepares the decision itself.

2 A collegial authority may delegate the preparation to the chairperson, a

committee, a member, a subordinate office, or an individual

employee. A head of a department may entrust this to a

subordinate office or an individual employee. *

3 The person or office entrusted with the preparation may clarify the

facts and the legal situation and lead the procedure up to the decision.

They are authorized to issue procedural orders on behalf of the authority and to take and secure evidence. *

Confidential and Public Hearings

1. Third parties are only admitted to a hearing with parties if the authority permits them for special reasons.

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2. Party hearings before an administrative court are public, with the exception of

a. cases where the court excludes the public for important reasons, particularly to protect public order and morals or the personal rights of the parties involved, or

b. * cases concerning child and adult protection, social assistance, tax matters, and service law matters.

3.3.2. Procedural Orders

Interim Measures

1 The person or office preparing the decision or the deciding authority may, by

interim decision, take interim measures to preserve the existing state of affairs or

to provisionally protect threatened legal interests.

2 The general procedural provisions, in particular those concerning the hearing

of parties and the notification of the decision, shall apply mutatis mutandis.

Suspension, Consolidation, or Separation of Proceedings

1 The authority may suspend proceedings for reasons of expediency, in particular if its decision depends on or is significantly influenced by another decision, unless this would lead to an unreasonable delay for the parties.

2 If separately submitted applications, appeals, or complaints concern the same subject matter, the proceedings may be consolidated in the interest of an efficient resolution.

3 Conversely, if applications, appeals, or complaints concern different subject matters or were jointly submitted by different parties, they may also be resolved separately for reasons of expediency.

3.3.3. Official and Legal Assistance

Principle

1 An authority shall provide supplementary assistance (administrative assistance) in a single procedure upon request from another authority that cannot or can only with difficulty perform an act itself for legal or factual reasons, namely by providing documents and files or giving information.

2 Administrative and legal assistance are free of charge; the expenses of the requested authority shall be reimbursed to it.

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Limitations

1. Official and legal assistance may neither be requested nor provided if

protected public or private interests or special legal provisions are

contrary thereto.

3.3.4. Procedural Discipline

Disciplinary Measures

*

1 The authority may issue a reprimand to parties, their representatives, or third parties, or impose a disciplinary fine of up to 1000 Swiss francs on them if, in a proceeding, they: *

a. * violate decency;

b. * disrupt the course of business or disregard procedural orders;

c. * fail to appear or appear late for a hearing despite due summons and without sufficient excuse.

2 This is without prejudice to the threat of punishment for disobedience under Article 292 of the Criminal Code. *

Police Escort/Compulsory Appearance

1 The Cantonal Council, the Department Heads, the Council Secretary or their Deputy, the Municipal Councils, or the administrative court authorities may, also at the request of another authority, have a party or a witness brought in by the Cantonal Police if the personal presence of this person is necessary and they fail to appear for the hearing despite a summons and the threat of compulsory appearance, without a valid excuse.

**3.4. Formal Requirements, Deadlines**

**3.4.1. Formal Requirements**

Form of Proceedings and Submissions

1 Non-contentious proceedings at first instance may be conducted orally, in

writing, or electronically within the framework of this Act. *

2 Other proceedings shall be in writing, unless a provision prescribes or

permits an oral hearing for the parties.

3 A submission shall generally be made in writing or electronically. However,

a request can also be recorded for the minutes by the competent authority. *

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The authority may set a deadline and demand a justification, clarification,

correction, or supplementation of the submission.

Official Language

1 The official language is German.

2 The provisions of Article 38 of the Judiciary Act apply mutatis mutandis.

1. Die Vorladung muss schriftlich oder elektronisch und, dringliche Fälle ausgenommen, spätestens 14 Tage vor dem angesetzten Termin erfolgen.

2. Die Vorladung enthält Angaben über

| | | | | | --- | --- | --- | --- | | a. | Ort und Zeit des Erscheinens; | | |

| | | | | | --- | --- | --- | --- | | b. | die Parteien, den Gegenstand der Verhandlung und die Stellung des Vorgeladenen im Verfahren, und | | |

| | | | | | --- | --- | --- | --- | | c. | die Säumnisfolgen. | | |

3. Die Vorladungen sind den Parteien und ihren Vertretern zur Kenntnis zu bringen.

Deliveries

1 The authority shall deliver its summonses, decisions, and other communications

by post; in municipalities, delivery may also be made by a municipal employee.

2 If the recipient has their domicile, seat, or habitual residence outside the canton, the authority may request the competent authority at that location to effect delivery.

2a The parties may furthermore specify a user account on the respective platform for the transmission of electronic documents and demand that the exchange of documents with them be conducted via this account. *

3 Parties with domicile, seat, or habitual residence abroad must, upon request of the authority, designate a delivery domicile or a user account on the respective platform for the transmission of electronic documents in Switzerland. If a party fails to comply with this request, deliveries may be omitted or made by public announcement. *

3a If several parties are involved in a procedure who have submitted a joint submission or substantively identical submissions, the authority may oblige them to designate a common delivery domicile or a common representative. If the parties fail to comply with this request, the administrative authority may either designate a delivery domicile or appoint a representative. *

4 The recipient must confirm receipt upon request.

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Public Notice

1. If a summons cannot be served on a party due to unknown whereabouts or

for any other reason, the authority may publish its summons, decision, or

other communication in the Official Gazette and, if necessary, in newspapers.

2. A public notice may also be made if, in a matter, there is a large number of

parties who can only be identified with disproportionate effort.

3. 3.4.2. Time limits and deadlines; Consequences of default; Reinstatement

Calculation

1. A period triggered by a notification, publication, or the occurrence of an event begins to run on the following day.

2. In the case of service via the respective platform for the transmission of electronic documents, the period begins to run at the time indicated on the retrieval receipt, but no later than the seventh day after transmission, provided that the person could have expected service.

3. If the last day of a period falls on a Saturday, Sunday, or a public holiday, the period ends on the next working day.

Extension of Deadlines

1 Statutory deadlines cannot be extended.

2 Deadlines set by authorities may be extended once if the party requests it before the expiry of the deadline.

Compliance with the Deadline

1 Written submissions must be submitted or handed over to the Swiss Post or a

Swiss diplomatic representation abroad no later than the last day of the

deadline.

2 The deadline is also deemed to have been met if a submission is filed with an

incompetent authority in due time.

3 For electronic submission of a document, the time indicated in the

acknowledgement of receipt is decisive for compliance with the deadline. The

authority may request the subsequent submission of documents on paper if: *

a. due to technical problems, there is a risk that processing will not be

possible within a reasonable time;

b. the documents on paper are necessary for verification of authenticity or

for further use.

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Säumnisfolgen

Consequences of Failure to Act

¹ The authority setting a deadline or a date shall simultaneously warn of the consequences of failure to act; only the warned consequences shall ensue in case of failure to act.

² As a consequence of failure to act, it may specifically be warned that

a. the request will not be entertained, unless there is a statutory entitlement to the requested performance, or

b. a decision will be rendered based on the existing facts without further hearing.

1. Die Behörde kann eine Frist oder einen Termin wiederherstellen, wenn eine Partei oder ihr Vertreter unverschuldet abgehalten worden ist, rechtzeitig zu handeln, und innert zehn Tagen nach Wegfall des Hindernisses ein begründetes Begehren um Wiederherstellung einreicht.

2. Unter diesen Voraussetzungen kann eine Wiederherstellung auch nach der Eröffnung des Entscheides bewilligt werden, der in diesem Fall aufgehoben wird.

3. Wird die Wiederherstellung gewährt, so läuft die Frist für die versäumte Rechtshandlung von der Zustellung dieser Entscheidung an.

Clarification Ex Officio

¹ The authority establishes the facts of the case ex officio.

² It decides at its due discretion whether and to what extent a fact admitted by a party still requires proof.

³ No one shall suffer a disadvantage due to awkwardness.

1. Zur Feststellung des Sachverhalts kann die Behörde folgende Beweismittel verwenden

| | | | | | --- | --- | --- | --- | | a. | amtliche und private Urkunden; | | |

| | | | | | --- | --- | --- | --- | | b. | Befragung der Parteien; | | |

| | | | | | --- | --- | --- | --- | | c. | Auskünfte anderer Behörden; | | |

| | | | | | --- | --- | --- | --- | | d. | Auskünfte von Drittpersonen; | | |

| | | | | | --- | --- | --- | --- | | e. | Zeugeneinvernahmen; | | |

| | | | | | --- | --- | --- | --- | | f. | Augenschein; | | |

| | | | | | --- | --- | --- | --- | | g. | Gutachten von Sachverständigen. | | |

2. Andere Beweismittel können verwendet werden, sofern sie geeignet sind und keine Eingriffe in die persönliche Freiheit verursachen.

Duty of the Parties to Cooperate

1. The parties are obliged to cooperate in establishing the facts, especially when they submit requests or are legally required to provide information or disclosure.

2. The authority is not required to entertain requests from parties who refuse to provide necessary and reasonable cooperation, unless there is a statutory entitlement to the requested service.

Securing of Evidence

1 After the initiation of proceedings, the authority shall, ex officio or upon

request of a party, take the necessary measures to secure endangered

evidence.

2 For future proceedings, the authority may, ex officio or upon request of a

party, provisionally take or secure evidence if, after a prolonged delay,

such evidence appears to be at risk.

Appreciation of Evidence

1 The deciding authority shall assess the evidence and its value at its own discretion, in good faith.

3.5.2. Evidence by Documents

Terms

¹ Documents are writings, pictorial representations, plans or other records that are intended or suitable to prove a fact of legal significance.

² Public documents are documents that have been issued by members of authorities or employees by virtue of their office, or by certifying officers in a statutory procedure for the purpose of proving a fact.

Duty to Produce Documents

1 Upon request by the authorities, the parties or third parties must produce documents in their possession, unless they are entitled to refuse disclosure (Art. 44).

2 The parties must spontaneously produce documents in their possession if they refer to them as evidence.

3 If a party or a third party denies possessing a requested document, they may be questioned about its whereabouts and content in a party or witness examination.

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Right to Refuse Production

1 Parties or third parties may refuse to produce documents insofar as they

relate to facts on which the possessor could refuse to testify during the

examination of a party or witness (Articles 48 and 56).

2 If the refusal is justified only for parts of the documents, a duty to produce

exists only if the authority orders an appropriate measure to restrict access.

Treatment of Copies and Special Documents

1 If a document is submitted as a transcript or copy, the authority may demand an official certification or the submission of the original.

2 If, due to the nature of a document, it is not expedient or not possible to submit it, or if legitimate interests would be violated by its submission, the authority may inspect it (Arts. 58 and 59) at the owner's premises.

Evidentiary Value

1. Public documents provide full proof of the facts attested by them, as long as their inauthenticity or the inaccuracy of their content has not been proven.

2. In other respects, the authority assesses the evidentiary value of documents according to its own conscientious discretion; this also applies if a public or private document shows insertions, strike-throughs, or other alterations.

3.5.3. Questioning of Parties

Party Interrogations

1. The authority may, ex officio or upon application, interrogate a party to prove a fact.

2. Before the interrogation, the party should be admonished to speak the truth.

Examination with Penal Consequences

1 If the results of the party examination are not satisfactory and the facts

cannot otherwise be sufficiently clarified, the Government Council, a department head

together with the Council Clerk or their deputy, or an administrative court authority may,

exceptionally, examine a party under threat of penalty. *

2 Before that, the party must again be admonished to tell the truth and informed

of the criminal consequences of a false statement and of their right to refuse to testify

(para. 3).

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The party may refuse to provide information if they credibly demonstrate that

answering questions would endanger them, their spouse, their registered partner,

their relatives by blood or marriage in the direct line and in the second degree

of the collateral line, or their foster parents or foster child, by exposing them

to a serious disadvantage. *

The examination shall be conducted in accordance with the procedure for

witness examinations (Art. 57).

Persons to be Interviewed/Questioned

A legally represented party must be questioned personally if they are to testify about their own perceptions and are capable of judgment. Otherwise, their legal representative will be questioned.

If a legal entity or a general or limited partnership is a party, the authority determines which of the organ members, managing directors, or partners will be questioned as a party.

**3.5.4. Information from Other Authorities**

The authority may obtain a written or electronic report for the proof of facts from other authorities that are able to provide information due to their official activities, in accordance with the provisions on official and legal assistance (Arts. 24–25). *

3.5.5. Information from Third Parties

1. Wenn die Umstände es rechtfertigen, kann die Behörde von vertrauenswürdigen und zur Auskunft fähigen privaten Personen mündliche, schriftliche oder elektronische Auskünfte einholen.

2. Vor einer Befragung sind die Personalien festzustellen und die Beziehungen des Befragten zu den Parteien und zur Angelegenheit abzuklären; eine mündlich erteilte Auskunft muss in einem Protokoll festgehalten werden.

3. Nach Erhalt der Auskünfte entscheidet die Behörde, ob diese zum Beweis tauglich sind oder der Bekräftigung durch eine Zeugeneinvernahme bedürfen.

Competence *

¹ If a factual situation cannot be sufficiently clarified by other means, the Cantonal Government, a Head of Department together with the Chancellor or their deputy, or an administrative judicial authority may examine a witness.

Duty to Testify

¹ In principle, everyone is obliged to give testimony.

² Whoever can be heard as a witness must also cooperate in the taking of other evidence; in particular, they must present the documents in their possession (Art. 43 para. 1).

Incapacity

¹ Children who have not yet reached the age of 14, or persons whose capacity for perception and thought is severely impaired at the time of the event or the interrogation, are considered incapable of testifying.

Inadmissibility

¹ Persons who are inadmissible as witnesses are

a. those who can expect a benefit or a disadvantage from the outcome of the proceedings;

b. * those who are related by blood or marriage to a party in a direct line or collateral line up to the second degree, or who are connected by marriage, registered partnership, or foster parentage; or

c. those who are guilty of partiality.

1. Ein Zeuge kann die Aussage verweigern, soweit er glaubhaft macht, dass die Beantwortung von Fragen ihn, seinen Ehegatten, die Person in eingetragener Partnerschaft, die Verwandten oder Verschwägerten in gerader Linie und im zweiten Grad der Seitenlinie, die Pflegeeltern oder das Pflegekind in Gefahr bringt, einen schweren Nachteil zu erleiden.

2. Geistliche, Anwälte, Verteidiger, Urkundspersonen, nach Obligationenrecht zur Verschwiegenheit verpflichtete Revisoren, Ärzte, Zahnärzte, Apotheker, Hebammen, Psychologen, Psychotherapeuten, anerkannte Familien- und Eheberater sowie deren Hilfspersonen sind von der Pflicht zur Aussage über Berufsgeheimnisse befreit.

3. Behördenmitglieder, öffentliche Angestellte und andere zur Amtsverschwiegenheit verpflichtete Personen dürfen nur aussagen, sofern es der Regierungsrat, die Verwaltungskommission der Gerichte oder die Vorsteherschaft der Gemeinde als ihre vorgesetzte Behörde nach den Grundsätzen von Artikel 24 und 25 bewilligt hat. Vorbehalten bleibt die Auskunftspflicht gegenüber einer Untersuchungskommission des Landrates.

4. Redaktoren, Reporter, Verantwortliche für ein Radio- oder Fernsehprogramm, Verleger, Drucker oder Techniker von periodisch erscheinenden Medien sowie deren Hilfspersonen können die Aussage über Inhalt und Herkunft von Informationen verweigern, ausgenommen, wenn ein Sachverhalt in einem Verfahren zum Schutze der inneren und äusseren Sicherheit des Landes abgeklärt werden muss.

Procedure

1 At the beginning of the proceedings, the interviewer must

a. establish the personal details of the witness;

b. admonish them to tell the truth and make them aware of the criminal consequences of a false statement (Arts. 307-309 SCC);

c. inform them of the right to refuse to testify; and

d. clarify the witness's relationship to the parties and to the matter, insofar as this is necessary for the assessment of evidence.

2 The interviewer then questions the witness. They may confront parties and witnesses whose statements contradict each other, or question them again.

3 A record is kept, in which the initiation of the examination (para. 1) as well as the outcome of the questioning are recorded in narrative form or by questions and answers.

4 The record is given to the witness to read, and its accuracy must be confirmed by the persons involved with their signature. If the witness refuses to sign, this shall be noted in the record.

3.5.7. Inspection

Duldung des Augenscheins

**Tolerance of Inspection**

1 Parties or third parties must tolerate an inspection by the deciding authority of objects in their possession.

2 However, they may refuse the inspection if it relates to facts about which they could refuse to testify during a party or witness examination (Articles 48 and 56). The authority must inform the affected persons of this right.

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### Implementation

1 The authority allows witnesses and experts to participate in the inspection, insofar as this is expedient and necessary.

2 If the authority does not have to perceive the matter itself, it can have the inspection carried out by experts alone.

3 The essential evidence results of the inspection are recorded in a report; visual representations can be used for this purpose.

3.5.8. Involvement of Experts

Appointment

1 If the clarification of the facts requires special expertise, the authority

shall appoint an expert ex officio or upon application by a party.

2 The authority shall give the parties the opportunity to raise any objections

against the expert.

3 When appointing the expert, it shall take into account, by analogy, the

grounds for recusal under Article 13.

4 It shall draw the expert's attention to the criminal consequences of a false

report (Articles 307-309 SCC).

Expert Opinion

1 The expert must diligently and impartially answer in their opinion the questions submitted by the authority and those deemed necessary by the expert for the meaningful fulfillment of their mandate.

2 The authority may appoint a new expert at any time.

3 The authority shall provide the parties with a copy of the expert opinion or, in the case of an oral assessment, an excerpt from the minutes, setting a deadline for comments.

Medical Opinion

¹ The authority may order a medical examination of a party, insofar as their physical, mental or psychological condition is relevant to the decision.

² The party must answer relevant questions from the expert, unless they would be entitled to refuse to testify in a party hearing (Art. 48 para. 3).

³ If special reasons, such as particularly the protection of the examined party, justify it, the authority shall disclose only the results of the opinion, if necessary in an appropriate circumscription.

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3.6. Rights of Participation of Parties

Hearing of the Parties

1 The parties have a right to be heard.

2 The authority must hear the parties personally, in writing, or electronically regarding the facts and legal situation before issuing an order or making any other decision. *

3 If several parties with differing interests are involved in a matter, the authority shall hear each party on the submissions of the others. A hearing is not required if the submissions of a party appear to be irrelevant or are exclusively in favor of another party.

4 An informal discussion or a telephone conversation is not sufficient to ensure the parties' right to be heard.

Exceptions to the Duty to Grant a Hearing

1 The authority is not required to grant the parties a hearing before

a. interim decisions that are not independently appealable (Art. 86 para. 2 and 3);

b. urgent decisions in the first-instance proceedings, if there is imminent danger and the parties are, in any case, entitled to appeal against such decision;

c. decisions that are appealable by objection;

d. decisions in which the authority fully grants the parties' requests; or

e. enforcement decisions, unless the parties wish to comment on the proposed coercive measure themselves.

2 In the cases referred to in paragraph 1 letter b, the authority shall record and justify the refusal in the decision; it shall conduct the hearing as soon as possible and, if necessary, issue a new decision.

Submissions by the Parties

1 The parties may submit facts, offer evidence, and comment on the legal

situation.

2 The authority must consider all relevant and timely submissions by the par-

ties regarding the facts and the legal situation, and must accept the evidence

offered to it if such evidence is suitable and relevant for clarifying the facts. *

3 If the parties have made applications and statements incorrectly or failed

to make them due to error or lack of knowledge, the authority shall give

them an opportunity to correct them.

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Participation in the Taking of Evidence

1 As a general rule, the parties are entitled to attend the examination of other parties or witnesses, an oral evidential statement, or an inspection, and to ask clarifying or supplementary questions. They may ask questions of experts if it is appropriate given the nature of the assessment.

2 The authority may exceptionally exclude parties from participating in the taking of evidence if the clarification of the facts or the urgency of the decision so requires.

3 It may also exclude the parties if essential public or protectable private interests require confidentiality; in this case, however, the confidential results of the taking of evidence shall only be relevant for the parties in accordance with Article 69.

Access to Files

1 Each party has the right to inspect the following files pertaining to their matter, in the form in which they exist: *

a. submissions from parties and statements from authorities;

b. all documents serving as evidence; and

c. decisions already announced.

2 The party may obtain photocopies against payment.

3 Files will be sent to lawyers upon request.

3a Persons who communicate with the authority via the respective platform for the transmission of electronic documents will be granted access to files on this platform. *

4 A fee may be charged for inspecting the files of a concluded matter.

1. Die Behörde darf die Einsicht in die Akten nur verweigern, wenn wesentliche öffentliche oder schutzwürdige private Interessen oder das Interesse an einer noch nicht abgeschlossenen amtlichen Untersuchung die Geheimhaltung erfordern.

2. Die Verweigerung darf sich nur auf die Aktenstücke erstrecken, für die Geheimhaltungsgründe bestehen.

3. Die Einsicht in die eigenen Eingaben der Partei, in die von ihr eingereichten Urkunden und in die ihr eröffneten Entscheide darf nie verweigert werden, die Einsicht in Protokolle über die Aussage der Partei nur bis zum Abschluss der Untersuchungen.

4. Die Verweigerung der Akteneinsicht ist zu begründen und in den Akten zu vermerken.

Admissibility of Classified Files

1 If a party is refused access to a file, the authority may only rely on it to the detriment of the party if it has verbally or in writing informed the party of the essential content for the matter and the party also has the opportunity to comment and designate counter-evidence.

**3.7. Decision**

**3.7.1. Content**

Examination of the Conditions for Entry

1 The authority first examines the conditions for entry, in particular, whether

a. it has jurisdiction;

b. the parties are capable of being parties and participating in the proceedings;

c. the party representatives are authorized to represent;

d. the parties have complied with the deadlines and forms for asserting their claims, and if applicable;

e. the parties are authorized to object or appeal and whether these are admissible.

2 If one of these conditions is not met, the authority decides not to enter into the merits of the case.

Decision on the Merits

1 If all conditions for the authority to consider the matter have been met, it shall decide on the merits of the case itself.

Depreciation (likely refers to "write-off" or "closure" in a legal/administrative context)

1 The authority shall write off the proceedings, including consequences for costs and compensation, if the decision becomes moot or the legal interest in it ceases to exist. This is particularly the case when

a. the party withdraws its application or refrains from pursuing it;

b. the authority revokes the contested decision; or

c. a settlement is concluded.

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Declaratory Decision

1 The authority competent in the matter may issue a declaratory decision concerning the existence, non-existence, or scope of public-law rights or obligations, either upon application by a party or ex officio.

2 Anyone with a legitimate interest may demand a decision from the authority, which, within the scope of its competence and based on public law, performs acts that establish or abolish rights and obligations, to the effect that

a. the unlawfulness of the acts be declared;

b. the unlawful acts be refrained from or discontinued; or

c. the consequences of unlawful acts be remedied.

Contents of the Decision

1 A decision must contain

a. the designation of the deciding authority; in the case of administrative court authorities, additionally the names of the participating authority members;

b. the designation of the parties, the interveners, and their representatives;

c. the operative part of the judgment (Rechtsspruch);

d. the reasoning, including a description of the facts and the legal basis, and a commentary on the arguments of the parties;

e. instructions regarding the available ordinary legal remedy (appeal, possibly objection), the appellate body, and the appeal period;

f. the consequences regarding costs and compensation;

g. the date of the decision and the date of service or public announcement; and

h. the signatures, except when the decision is rendered in an automated procedure.

2 For decisions subject to appeal to the Federal Supreme Court, the required contents are determined by Article 112 paragraph 1 of the Federal Act of 17 June 2005 on the Federal Supreme Court. *

3 If a decision is drawn up in letter form, it must be designated as such. *

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Exceptions

1 The authority can dispense with providing reasons and the legal remedies

instruction

a. if the requests of the parties are fully granted and no party requests reasons, or

b. if the parties expressly waive reasons and the right to appeal.

3.7.2. Notification of the Decision

Form

1 The authority shall communicate decisions to the parties in writing or

electronically; if necessary, it shall publish them in accordance with Article 31.

2 It may orally communicate procedural and other interim decisions to parties present; however, it must confirm these in writing if a party requests it without delay.

3 In such a case, the parties must be informed that the appeal period begins to run only from the date of the written confirmation.

Defective Opening

1 If the opening is defective, particularly if the legal remedy instruction is missing or insufficient, the parties shall not suffer any disadvantage as a result.

2 The authority may correct clerical and calculation errors in the issuance of a decision at any time.

3.8. Nullity or Amendment of Decisions

Nullity

1 A decision is void if it contains a particularly serious defect and this is evident upon consideration of all circumstances.

2 A void decision is ineffective and of no consequence. Nullity must be observed ex officio, and it can be invoked by affected persons at any time.

Amendment or Revocation

1 The deciding authority or the authority superior to it may amend or revoke

a decision that is no longer contestable, ex officio or upon a request for

reconsideration (Art. 83), provided that

a. important public interests require it, or

b. the legal or factual conditions that formed the basis of the decision

are no longer met or have subsequently changed significantly.

2 In any case, it must be examined whether good faith, legal certainty, or

other general legal principles prohibit or only restrictively permit the

amendment or revocation. Amendment or revocation is impossible if the

decision cannot be withdrawn according to an express provision or due

to the nature of the matter.

3 Revision (Art. 117 et seq.) remains reserved.

Compensation

1 If a party who, in good faith, has incurred expenses or taken measures

in reliance on a decision, suffers damage due to its nullity, amendment, or

revocation, that party is entitled to reasonable compensation, unless the

amendment or revocation was attributable to their fault. No claim for

compensation exists for lost profits.

2 The claim for compensation is directed against the public entity whose

authority rendered the decision; it must be asserted by means of a public law

action before the Administrative Court (Art. 109 et seq.).

3.9. Review by the Deciding Authority

3.9.1. Objection

Concept and Admissibility

1 The objection obliges the first-instance authority to comprehensively review its contested decision and to re-decide the matter.

2 The objection is admissible where it is provided for by a specific legal provision. *

3 In this case, the decision must indicate the right to object and that the objection is a prerequisite for the appeal procedure.

Objection Procedure

1 The objection procedure is governed *mutatis mutandis* by the provisions on administrative appeals.

24

The authority is not bound by the requests of the parties when making a decision on the objection. It may amend the challenged decision in favor of the objecting party; however, it may also do so to the detriment of that party if the decision was unlawful or based on an inaccurate and incomplete ascertainment of the facts.

3.9.2. Reconsideration

1 A party may at any time request the authority to reconsider its issued

decision.

2 The authority is only obliged to reconsider its decision if the party

asserts grounds under Article 79 paragraph 1.

3.10. Notification to the supervisory authority

1 Anyone can report facts that require an intervention ex officio

against an authority in the public interest to the supervisory authority.

2 The reporter does not have the rights of a party. However, they are entitled

to a statement, provided the report is not baseless or vexatious.

4. Provisions for Contentious Proceedings

4.1. General Provisions

Appeals Procedure

1 The following provisions are applicable to administrative appeals and administrative court appeals.

2 These provisions apply mutatis mutandis to complaints in constitutional law disputes, to revision, and to public law actions.

Appeals against Final and Interlocutory Decisions

1 As a rule, only final decisions can be challenged with an administrative appeal or an administrative court appeal.

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2 Procedural and other interlocutory decisions can only be challenged independently if they are likely to cause irreparable harm. Under this condition, the following interlocutory decisions, in particular, are appealable

a. the rejection of third-party joinder (Art. 16);

b. a provisional measure (Art. 22);

c. the suspension of proceedings (Art. 23);

d. the duty to produce documents and the duty to testify in party and witness examinations (cf. Arts. 43, 47, 48, 53ff.);

e. the rejection of offers of evidence by the parties (Art. 65) and their participation in the taking of evidence (Art. 66), as well as the refusal of access to files (Art. 68), or

f. the withdrawal of suspensive effect (Art. 93).

3 Interlocutory decisions concerning the following are appealable in every case

a. jurisdiction (Arts. 10ff.);

b. recusal (Arts. 13 and 14), and

c. the refusal of legal aid (Art. 139).

Refusal or Delay of Justice

1 A party may, at any time, lodge an appeal against an authority that unlawfully refuses or delays a decision.

Right to Appeal

1 The following are entitled to appeal

a. anyone with a legitimate interest in the amendment or annulment of the challenged decision;

b. a municipality, other public corporation or institution for the protection of the public interests it represents;

c. the Cantonal Government (Regierungsrat) or the competent department against decisions of appeal commissions or independent cantonal institutions; and

d. other persons, organizations or authorities, provided they are authorized to do so by law.

Appeal Period

1. The appeal must be submitted within 30 days, or in the case of an interim decision, within ten days, from the date the decision was announced.

2. In cases of particular urgency, the authority may shorten the period to as little as two days.

3. *

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* **Suspension of Deadlines**

1 In appeal proceedings before the Government Council and before the depart-

ments, as well as in proceedings before the Administrative Court and the ad-

ministratively independent appeal commissions, the deadlines determined by

law are suspended: *

a. from the seventh day before Easter up to and including the seventh day

after Easter;

b. from July 15th up to and including August 15th;

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

2 No dates may be set during these periods.

3 The provisions of paragraphs 1 and 2 do not apply in cases of immediate

serious danger, in proceedings concerning the suspensive effect of a decision

or other provisional measures, and to decisions regarding deadlines for the

payment of an advance on costs. *

Notice of Appeal / Appeal brief

1 The notice of appeal must contain

a.

b.

c.

the legal request concerning the amendment or annulment of the

decision;

a justification of the appeal and the applications for the taking of evidence;

the signature of the party or their representative.

2 The challenged decision must be precisely designated and enclosed.

Likewise, the means of evidence must be designated and, as far as possible,

enclosed already.

3 If the notice of appeal does not meet the legal requirements or if the legal

request or the justification lacks the necessary clarity, the appellate authority

shall set a short deadline for remedying the defects, with the warning that

otherwise the appeal will not be entertained or will be decided based on the

existing files.

New Submissions

1 The appellant may submit new facts, requests for evidence, and legal

arguments within the appeal period and within any supplementary period.

2 New legal claims are only permissible in the administrative appeal, but not in

the administrative court appeal. Amendments to the claim that are

necessitated by the decision of the lower instance and claims relating to

procedural matters remain reserved.

Suspensive Effect

1 As a rule, the appeal has suspensive effect.

2 The lower authority may withdraw the suspensive effect for important

reasons, except when the decision concerns a monetary payment.

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3 Before withdrawing the suspensive effect, any affected persons must be

heard; the withdrawal must be justified.

4 The appeal authority may, ex officio or upon request, reinstate the

suspensive effect or, for its part, also revoke it.

### Transition of Procedural Management

1. Upon the filing of the appeal, the appellate body becomes competent for handling the matter that is the subject of the contested decision.

2. However, the lower instance may reconsider, revoke, or amend its decision until its submission of comments on the appeal (Art. 96). It shall immediately notify the parties of the new decision and bring it to the attention of the appellate body.

3. In such a case, the appellate body shall deal with the appeal only insofar as it has not become moot due to the new decision.

Joinder of Parties

1 If a decision on an appeal is likely to affect the legitimate interests of a third party, that party may be joined *ex officio* or upon application in accordance with Article 16.

2 A joinder of parties must take place if the appeal was filed by only one side and the dispute concerns

a. rights and obligations of private individuals vis-à-vis a municipality, other corporations or institutions under public law, or

b. mutual public rights and obligations of private individuals.

3 A joinder of parties must also take place if the Government Council or the competent department contests the decision of an appeals commission or an independent cantonal institution.

Exchange of Pleadings; Oral Hearing

1 The appellate body shall notify the other parties and the lower instance of the appeal, provided it is not manifestly inadmissible or unfounded, and shall set them a deadline for a statement in response.

2 A copy of the statement in response must be served on the appellant. The lower instance shall submit the files with its statement.

3 The appellate body may order a further exchange of pleadings as required; it may also summon the parties to an oral hearing.

Withdrawal of the Appeal

1 The appeal may be withdrawn as long as the decision has not yet been rendered. The cost regulation remains reserved.

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Decisive Factors for the Decision

1 Unless the nature of the dispute dictates otherwise, the factual circumstances and the legal situation at the time of the appeal decision are decisive.

### Examination of the Facts

1 The appellate body examines the facts freely. *

2 If new evidence is available that appears significant, the parties and the lower instance are given the opportunity to comment.

Examination and Binding Nature of Party Requests

1 The appellate authority is fundamentally not bound by the requests of the parties when making its decision.

2 An administrative authority or an appeal commission, acting as an appellate authority, may amend the contested decision in favor of a party. However, it may also do so to that party's detriment if the decision was unlawful or was based on an inaccurate or incomplete ascertainment of the facts; the decision may not be amended to the detriment of a party due to inappropriateness, unless it must be amended in favor of an opposing party.

3 The administrative court may, in its decision, not go beyond the party requests submitted, either in favor of or to the detriment of a party, except

a. in social insurance law disputes;

b. in tax disputes, and

c. * in disputes concerning the termination of a public employment relationship, where the court may also increase a requested compensation at the expense of the public entity.

4 If an appellate authority intends to amend the contested decision to the detriment of a party, it must give that party an opportunity to comment.

Content and Notification of the Appeal Decision

1 If the appellate body allows the appeal, in whole or in part, it shall decide

the matter itself.

2 Exceptionally, it may refer the matter back to the lower authority with binding

instructions. If the lower authority decided as an appellate body, the matter

may be referred back to the authority that rendered the decision at first

instance.

3 The appeal decision must be notified to the lower authorities, the parties,

and any other persons entitled to appeal.

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4.2. Administrative Appeal

1. Ein Entscheid einer unteren Verwaltungsbehörde kann grundsätzlich mit der Verwaltungsbeschwerde bei einer oberen Verwaltungsbehörde (vgl. Art. 103) angefochten werden.

2. Die Beschwerde ist unzulässig, sofern

| | | | | | --- | --- | --- | --- | | a. | der Weiterzug durch besondere gesetzliche Vorschrift ausgeschlossen ist; | | |

| | | | | | --- | --- | --- | --- | | b. | gegen den Entscheid zuerst eine Einsprache zulässig ist (Art. 81), oder | | |

| | | | | | --- | --- | --- | --- | | c. **\*** | der Entscheid nach besonderer Vorschrift in Gesetz oder landrätlicher Verordnung bei einer unabhängigen Rekurskommission, beim Verwaltungsgericht oder unmittelbar mit einem ordentlichen Rechtsmittel bei einer Bundesbehörde angefochten werden kann. | | |

1. Gegen Entscheide von Behörden, die einer Gemeindevorsteherschaft unterstellt sind, ist die Verwaltungsbeschwerde an die Vorsteherschaft zu richten.

2. Gegen Entscheide der Vorsteherschaften der Gemeinden und der weiteren öffentlich-rechtlichen Körperschaften und gegen Entscheide der Organe der selbstständigen öffentlich-rechtlichen Anstalten ist die Verwaltungsbeschwerde an das zuständige Departement zu richten.

3. Gegen erstinstanzliche Entscheide der Departemente ist die Beschwerde an den Regierungsrat zu richten, gegen erstinstanzliche Entscheide der übrigen unter der Leitung des Regierungsrates stehenden kantonalen Behörden an das zuständige Departement.

4. Vorbehalten bleiben Spezialvorschriften in Gesetz oder landrätlicher Verordnung, die einen abweichenden Instanzenzug vorsehen.

Grounds for Administrative Appeal

1. With an administrative appeal, the party entitled to appeal may challenge the following defects of the contested decision or the disputed procedure

a. the incorrect or incomplete ascertainment of the legally relevant facts;

b. the incorrect application of law; and

c. inappropriateness.

30. In areas where municipalities, other public law corporations, and public law institutions are autonomous, only the incorrect and incomplete ascertainment of the legally relevant facts and the incorrect application of law may be challenged before the cantonal appellate body. However, special statutory provisions remain reserved.

**4.3. Appeal to the Administrative Court**

* Admissibility

1 The following may be challenged before the Administrative Court by means of an administrative appeal, subject to Article 106

a. first-instance decisions and appeal decisions of the Cantonal Government (Regierungsrat);

b. appeal decisions of the departments;

c. first-instance decisions and appeal decisions of municipalities, other public law corporations, and public law institutions, if special provisions in a law or a cantonal council ordinance directly provide for the administrative appeal;

d. first-instance decisions and objection decisions of cantonal authorities, if special provisions in a law or a cantonal council ordinance directly provide for the administrative appeal;

e. appeal decisions of independent appeal commissions, insofar as they do not decide as the last cantonal instance according to special legal provisions.

2 With the consent of the appellant, a lower instance of the Administrative Court may refer an administrative dispute directly to the Administrative Court for assessment, waiving a decision; the lower instance may comment on the appeal and submit motions.

3 If an administrative appeal body has issued an instruction to a lower instance in a matter amenable to an administrative appeal, regarding that or how it should decide, the appellant may directly appeal the decision to the Administrative Court. The appellant must be made aware of this in the legal remedies instruction by the instructed authority. The Administrative Court shall review the plea of inappropriateness if the administrative appeal body could have reviewed it.

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* Inadmissibility

1. An administrative court appeal is inadmissible if it is excluded by a special provision, or if federal legislation provides for a direct right of appeal to a federal authority or to the Federal Administrative Court.

Grounds for Appeal

1 An administrative court appeal can be used to assert defects in the contested decision or the procedure

a.

the incorrect or incomplete ascertainment of the legally relevant facts, and

b.

the incorrect application of law, including an abuse of discretion.

2 The unreasonableness (inappropriateness) of the decision can exceptionally be asserted

a.

in disputes concerning the assessment or refund of a public law charge or concerning the payment of a public law compensation;

b.

in disciplinary measures concerning dismissal or suspension from office during the term of office, transfer to a provisional status, or reduction of salary;

c.

in disputes concerning the pension or other provident benefits of members of authorities or public employees;

d.

in social insurance law disputes;

e.

in other disputes appealable to a federal instance, if that instance has an unlimited power of review;

f.

in disputes concerning child and adult protection matters, or

g.

if special provisions in a law or, in connection with deviations from the regulation of this law concerning the appellate instances, special provisions in a cantonal council ordinance so provide.

1. Der Präsident des Verwaltungsgerichts erledigt als Einzelrichter Beschwerden

| | | | | | --- | --- | --- | --- | | a. | die zurückgezogen oder gegenstandslos werden, oder | | |

| | | | | | --- | --- | --- | --- | | b. | auf die offensichtlich nicht eingetreten werden kann, oder | | |

| | | | | | --- | --- | --- | --- | | c. **\*** | die ihm durch Gesetzesvorschrift ausdrücklich zur Entscheidung zugewiesen sind. | | |

Admissibility

1 The Administrative Court, as the sole instance, shall hear, in particular, public-law disputes upon action

a. between cantonal and municipal authorities or between one of these and another independent public-law authority;

b. arising from public-law contracts;

c. ...

d. concerning the jurisdiction of municipal authorities and cantonal administrative authorities pursuant to Article 12 paragraph 2 letter b, and

e. insofar as social insurance law provides for an action before a cantonal judicial instance.

Inadmissibility

1 An appeal is inadmissible

a. if the competent authority issues a decision that is subject to an

administrative appeal or an administrative court appeal, or

b. if an appeal under this Act may otherwise be lodged.

Right to Sue

1 A person is authorized to sue if they can assert a legal claim in their own name.

2 A person is furthermore authorized to file a counterclaim if they assert a legal claim that is legally connected with a claim already sued upon or that can be set off.

Judgment

1 The Administrative Court evaluates the submissions of the parties in factual

and legal respects according to its own, conscientious discretion.

2 It may not exceed the motions submitted by the parties concerning the matter, neither in favor

nor to the detriment of a party. This does not apply to social insurance

disputes, but the affected party must first be given

an opportunity to amend the claim.

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4.5. Special Constitutional Law Disputes

4.5.1. Protection of the Autonomy of Corporations and Institutions

1. The Administrative Court shall assess complaints from municipalities, other public law corporations, and public law institutions that claim their autonomy has been violated by

a. Supervisory measures and other decisions of the Government Council;

b. Decisions of another cantonal administrative authority that can no longer be challenged by administrative appeal; or

c. Decisions of an independent appeal commission.

2. Parish communities may also lodge complaints against decisions of the recognized state churches based on the same grounds for appeal, within the framework of Article 5.

3. The Administrative Court shall assess the violation of autonomy in accordance with the framework in which the Constitution and legislation define autonomy.

4.5.2. Protection of Citizens' Political Rights

Admissibility and Competencies

1 Appeals against decisions of the executive bodies and administrative authorities of municipalities and other public-law corporations may be lodged with the Government Council due to violations of voting rights, irregularities in ballots, and irregularities in the preparation and conduct of elections.

2 On the same grounds for appeal, appeals against decisions of the Government Council may be lodged with the Administrative Court. However, decisions in federal elections and ballots must be appealed before federal authorities in accordance with Articles 80 - 82 of the Federal Act of December 17, 1976, on Political Rights.

3 Decisions of the Landammann regarding the determination of the majority at the Landsgemeinde cannot be challenged.

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Complaint Period and Submission

1 In cantonal matters, the complaint must be filed within three days from the discovery of the grounds for complaint, but no later than the third day after the publication of the results. In communal matters, the complaint must be filed within ten days from the assembly, or, in the case of ballot box elections, within ten days from the discovery of the grounds for complaint, but no later than the tenth day after the publication of the results. *

2 The period for appealing decisions on complaints by the Government Council is five days in cantonal matters and ten days in communal matters. *

3 The complaint submission must contain a brief statement of the facts to substantiate the claim. If irregularities are alleged, it must be credibly demonstrated that these, by their nature and extent, were capable of significantly influencing the outcome of the vote. *

Decision; Special Orders

1 The Government Council decides within ten days of receipt of the answers to the complaint.

2 If irregularities are found, the necessary orders to remedy the defects must be made, if possible, before the close of the voting or election process.

4.6. Revision and Explanation

4.6.1. Revision of Legally Binding Decisions

Admissibility

1 The authority shall review its legally binding decision ex officio or upon application if essential procedural provisions have been violated, particularly if

a. provisions concerning the composition of the authority or the recusal of authority members have been violated;

b. the authority has failed to observe its statutory adherence to party requests;

c. individual requests of the parties have remained unadjudicated; or

d. significant facts contained in the files have not been taken into account.

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2 A review is also admissible if the applicant subsequently learns of significant facts or finds decisive evidence that he could not assert in the preceding proceedings; excluded are facts or evidence that arose after the challenged decision.

3 A review is finally admissible if it is proven through criminal proceedings that the decision was influenced by a crime or misdemeanour to the detriment of the applicant. A conviction by the criminal court is not required. If criminal proceedings are not feasible, proof can be furnished in another way.

4 The authority shall, moreover, make changes to a decision as required by the decision of a federal authority or an international authority.

Authority to File an Application

1. An application for revision may be filed by the parties and by the lower court.

2. The application must state

a. as a legal request, what amendments to the previous decision and what restitution are sought, and

b. as grounds, the reason for revision, that this reason was asserted in a timely manner, and information on the evidence.

Deadline for the Application

1 The application must be filed, subject to forfeiture, within 90 days from the discovery of the ground for revision. However, this period begins at the earliest upon receipt of the written copy of the challenged decision or upon conclusion of the criminal proceedings invoked.

2 After a period of ten years since the notification of the decision, revision can only be requested in the case of crimes or misdemeanors (Art. 117 para. 3).

Suspension or Postponement of Execution

1 The revision authority may suspend or postpone the execution of the challenged decision or take further provisional measures. This may be made conditional on the applicant providing security.

Revisional Decision

1 If the revisional authority finds that the ground for revision is met, it shall

annul the previous decision and decide anew. It shall simultaneously decide

on the effects of the revision with regard to both the main matter and costs.

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2 If the revisional authority annuls an appeal decision, it may refer the

matter back to the lower instance for a new decision.

4.6.2. Clarification and Correction

1 If a decision is unclear, incomplete or ambiguous, or if its provisions contradict each other or the grounds for the decision, or if it contains drafting or calculation errors, the deciding authority shall clarify or correct it ex officio or upon application by a party. The other parties do not need to be heard.

2 The request for clarification or correction must be submitted within 30 days of the notification of the decision.

3 The application does not suspend the running of the deadlines for filing legal remedies; however, if a decision is clarified or corrected, the deadlines for legal remedies are reopened for the parties.

4 Article 120 concerning the suspension or postponement of enforcement applies mutatis mutandis.

5. Public Law Contract

Admissibility

1 A public-law legal relationship can be established, amended, or terminated

by a public-law contract. A public-law contract between authorities and

private individuals, or a contract between authorities that affects the rights

and obligations of private individuals, can only be concluded insofar as it is

provided for by law, or insofar as the law at least permits a bilateral binding

agreement for the fulfillment of a public task.

2 A public-law contract can, in particular

a.

b.

c.

eliminate an existing uncertainty regarding the facts or the legal

situation, following a reasonable assessment, through mutual

concession (settlement agreement);

authorize a private person to perform a public service (usage

agreement); or

agree on a consideration for a service provided by the authority,

provided that the consideration is specified in the contract for a

particular purpose and serves the authority in fulfilling its legal

duties (exchange agreement). The consideration must be

appropriate to the circumstances and bear a factual connection

to the authority's service.

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Form; Applicable Law

1 A public-law contract must be concluded in writing; it remains reserved

that a statutory provision provides for a qualified form.

2 The general provisions of this Act apply, and, in addition, private contract law.

### Consent of Third Parties and Authorities

1 A public-law contract that interferes with the rights of a third party becomes effective only when the third party has given written consent.

2 If a public-law contract is concluded in place of a decision that would require the approval or consent of another authority, the contract becomes effective only when the other authority has participated in accordance with regulations.

Invalidity of a Contract

1 A public-law contract is void if

a. it is inadmissible under a law;

b. the statutory form and consent requirements are violated;

c. a decision with the corresponding content would be void (Art. 78); or

d. the invalidity results from the supplementary application of private law.

6. Enforcement of the Decision

Jurisdiction

1 The administrative authorities of the canton and the municipalities execute

their decisions themselves. Decisions made by private individuals or organizations

acting in an official capacity are executed by the public entity that

delegated the tasks.

2 Decisions of the administrative court authorities are executed by

administrative bodies designated by them or by the authority that

made the decision in the first instance.

3 The enforcement authorities may request police assistance from the Cantonal Police.

Requirements

1 The competent authority may enforce a decision if

a. it can no longer be challenged by objection or appeal, or

b. it can still be challenged, but the legal remedy has no suspensive effect or the suspensive effect has been withdrawn.

Debt Collection and Bankruptcy

1 Decisions obliging payment of money or provision of security are to be enforced through debt collection; decisions by administrative authorities are equivalent to enforceable judgments once they have become legally effective after the unused expiry of the objection or appeal period.

2 The concordat concerning mutual legal assistance for the enforcement of public law claims applies to the compulsory enforcement of a decision in another canton.

### Other Means of Coercion

1 To enforce decisions that oblige a person to act, tolerate, or refrain from

doing something, the competent authority may take the following

measures

a. it may carry out a substitute performance itself or through an authorized

third party at the expense of the obligated person;

b. it may apply direct coercion against the person of the obligated party or

against their property;

c. it may, in cases where a law so provides, revoke administrative advantages

or order administrative disadvantages or sanctions;

d. it may, to the extent a law so provides, impose a coercive fine;

e. it may, to the extent a law provides for a penalty, initiate criminal

proceedings, or

f. it may initiate criminal proceedings if a penalty for disobedience was

threatened in a decision pursuant to Article 292 of the Criminal Code

and if no other penal provision applies.

2 For enforcement, a penalty for disobedience under Article 292 of the

Criminal Code may again be threatened.

Vorgehen

¹ The authority first examines whether the decision was correctly served and whether it is enforceable.

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² Before a coercive measure is taken, it must be threatened to the obligated party, and they must be granted a reasonable period to fulfill their obligation, with a warning of the potential penal consequences. These warnings can be included in the decision to be enforced or in an interim decision.

³ The authority may, in urgent cases (danger in delay), exceptionally waive the threat of substitute performance or direct coercion.

7. Procedural Costs and Compensation

7.1. Official Fees

Principle

1 The authority levies fees for the official costs of the proceedings

according to the principles of this Act.

2 The official costs include, in particular, disbursements for official

activities (adjudication fees, chancery expenses, etc.) and for the evidentiary

procedure (remunerations for witnesses and experts, etc.).

3 The fees for the official costs of the administrative authorities and the

administrative courts are regulated by an ordinance of the

District Council.

*Advance of Costs*

1 The cantonal authorities shall levy a reasonable advance from the party initiating an appeal, action, or revision procedure, for the official costs that may be imposed on it. In the presence of special reasons, the collection of the advance of costs may be waived entirely or partially.

2 Furthermore, any authority may levy an advance for the official costs that may be imposed on a party initiating a procedure, if

a. the party is in default with the payment of fees from a previous procedure, or

b. special circumstances, such as the expense for taking evidence, justify an advance.

5) GS III G/2

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3 A non-extendable deadline shall be set for the payment of the advance of costs. If the party does not pay the advance of costs, a non-extendable grace period shall be granted to it. If the payment of the advance of costs is still not made during the grace period, the request shall not be entertained. If the advance of costs is to be paid only for the execution of a specific procedural step, non-payment shall result in its omission. *

Costs Payable by Private Parties

1 The party generally bears the official costs

a. in non-contentious first instance proceedings, if it has caused the decision exclusively in its own interest or through its conduct;

b. in objection proceedings, if it has willfully raised an inadmissible or manifestly unfounded objection; or

c. in appeal, complaint, or revision proceedings, if it loses or if its request was not entertained.

2 Costs incurred by a party due to misconduct in the proceedings or due to the late submission of facts and evidence shall be borne by that party, even if it prevails.

3 If a party withdraws a submission or a motion, or discontinues the proceedings, it must bear the costs as if the requests had been rejected, unless the authority reduces the costs (Art. 136 para. 1).

Cost Liability of Authorities

¹ The Canton is not liable for costs incurred by its authorities, unless special circumstances justify it. *

² Municipalities and other public law corporations, as well as municipal institutions, are liable for costs to the cantonal authorities if they are involved in the proceedings as a party and have an economic interest in the matter.

³ Furthermore, the appellate instances may impose official costs on municipalities and other authorities subordinate to the Canton if they have committed gross procedural errors or obvious legal violations. *

* Free Proceedings

1 The following proceedings are free of charge

a. constitutional disputes;

b. disputes arising from public employment relationships up to a value in

dispute of 30,000 Swiss Francs;

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c. social welfare and the granting of legal aid and legal representation;

d. (intended to be the second part of point 'c' in the original text, but listed as a separate point 'd' here)

e. clarification or correction of decisions.

2 It is reserved that such proceedings were initiated by a party wantonly and abusively, or that the taking of evidence causes extraordinary expenses.

Reduction of Costs

1 The authority may reduce the official costs or waive the imposition of costs if

a. the collection of the costs would constitute an exceptional hardship;

b. special reasons, such as the public interest in clarifying the matter, justify it; or

c. a settlement is reached, a submission or application is withdrawn, or a party withdraws from the proceedings.

2 If a party liable for costs is only partially unsuccessful, the official costs shall be appropriately reduced.

### Division Among Parties

1. If multiple parties are involved in the proceedings, the costs will generally be apportioned appropriately among those who have wholly or partially lost, taking into account their respective interests in the proceedings and the decision on their submissions. Prior to this, the costs incurred by the authorities must be deducted (Art. 135).

2. Multiple parties bear the costs jointly imposed on them in equal shares and with joint and several liability, unless the decision specifies otherwise.

### 7.2. Compensation of Parties

1 Party compensation is remuneration for the costs of professional legal

representation and for a necessary appearance of the parties before

authorities or experts in an appeal, action, or revision procedure.

2 Insofar as parties with opposing interests are involved in such a procedure,

the prevailing party may be awarded appropriate party compensation at the

expense of the party that loses or withdraws its request. The allocation among

several parties liable for compensation shall be made in accordance with Article 137.

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3 Parties receive appropriate party compensation at the expense of the previous

instance if

a. they prevail in the administrative court appeal, revision, or action

procedure, or

b. the previous instance has made serious procedural errors or obvious

violations of law.

4 Authorities are generally not awarded compensation, except in action

proceedings or when special circumstances justify it.

7.3. Legal Aid

* Exemption from Official Costs and Free Legal Aid

1 The authority shall, upon application, wholly or partially exempt a party who lacks the means to cover the procedural costs in addition to the cost of living for themselves and their family from the obligation to pay costs and advances, provided that the proceedings are not devoid of any prospect of success.

2 Under the conditions set out in paragraph 1, the cantonal authorities shall, upon application or ex officio, assign a lawyer to the party as legal aid, provided that such aid is necessary for the proper protection of interests. In this case, the authority or, on its behalf, the presiding officer or the member of the authority responsible for preparing the decision shall, after the conclusion of the proceedings, determine the remuneration of the legal aid, taking into account their particulars. The remuneration shall be borne by the state, unless an opposing party or a lower instance is obliged to pay for it.

3 The burden of proof of indigence within the meaning of paragraph 1 lies with the party applying for free legal aid.

4 Upon request, the authority or, on its behalf, the member of the authority responsible for preparing the decision shall issue an interim decision on applications for free legal aid if there is a legitimate interest in doing so; otherwise, the application shall be decided in the context of the final decision.

* Subsequent Payment

1 A party who has been granted legal aid is obliged to make a subsequent payment as soon as they are able to do so. Corresponding orders shall be issued by the authority that granted legal aid; for administrative authorities, this shall be the department designated by the Government Council. The administrative authorities of the Canton shall provide the competent body with all necessary information regarding the income and assets of the party liable for costs for the purpose of recovery.

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8. Final Provisions

Transitional Law

1 This Act is not applicable to proceedings pending at the time of its entry

into force; in all such cases, the previous law, including the former jurisdictions,

shall apply.

2 The provisions concerning jurisdiction and recusal (Arts. 10-14) and concerning

revision and explanation (Arts. 117-122) shall be applicable to all proceedings

upon entry into force.

3 Persons who are obliged to communicate digitally with authorities (Art. 18a)

may still transmit data and documents physically for two years. The period

begins to run on the day the authorities designate the respective platform

for transmission. *

Art. 140a * Transitional Provision for the Amendment of 5 September 2021

1 For proceedings that are pending at the time these amendments enter into force,

the previous law shall apply until the conclusion of the proceedings before

the affected instance.

1. Für Verfahren, welche beim Inkrafttreten dieser Änderungen rechtshängig sind, findet das bisherige Recht bis zum Abschluss des Verfahrens vor der betroffenen Instanz Anwendung.

Amendments to Existing Law

1. Existing legal provisions will be amended in accordance with a special proposal.

2. ... *

1. Der Regierungsrat bestimmt das Inkrafttreten dieses Gesetzes. Er kann es gestaffelt in Kraft setzen.[[6]](#paragraphtext_content_fn_732034_2_6_c)