1 State - People - Authorities - 15 Authorities - 152 Council of State and Cantonal Administration - TITLE I - Scope and Terminology (VWVFG)

1. This law governs the procedure applicable before administrative and judicial authorities when they are required to render decisions.

2. Special provisions are reserved.

Are deemed administrative authorities

a) the Council of State, the departments, the chancellery, and the administrative units subordinate to them;

b) the administrative commission of the judicial authorities and its general secretariat;

c) the communal authorities and the institutions dependent on them;

d) the corporations and establishments of public law;

e) the persons and organizations vested with the power to make decisions based on public law.

The judicial authority in administrative matters is the Cantonal Court.

**The Grand Council and its organs are subject to the present law when they render a decision.**

1. A decision, within the meaning of this Act, constitutes any measure taken in a specific case, under public law, with the aim to

a) create, modify, or annul rights or obligations;

b) ascertain the existence, non-existence, or extent of rights or obligations;

c) reject or declare inadmissible requests aimed at creating, modifying, annulling, or ascertaining rights or obligations.

2. Measures of execution, incidental decisions, decisions on opposition, complaint, or appeal, and decisions regarding revision and interpretation are also considered decisions.

1. Legislation Determines the Jurisdiction of Authorities

2. The parties and the authority may not derogate from it by agreement.

3. The authority shall examine ex officio whether it has jurisdiction.

1. The authority that considers itself incompetent shall promptly transfer the matter to the competent authority and notify the parties.

2. If it considers its competence to be doubtful, it shall promptly initiate an exchange of views with the authority it considers competent.

In the event of a challenge to its jurisdiction by a party, the authority shall decide by ruling.

1. Conflicts of jurisdiction between administrative authorities are resolved by the common hierarchical or supervisory authority, or failing that, by the Cantonal Court.

2. When the conflict directly involves the Council of State, or authorities under its hierarchical power or supervision, and the Cantonal Court, the conflict is resolved by the Grand Council.

1. The file is transmitted to the authority designated in Article 9.

2. The latter transmits the file to the authority it declares competent.

Any person called upon to render or prepare a decision must recuse themselves, either voluntarily or upon request, if they

a) have a personal interest in the matter;

b) are related or connected by marriage to a party in a direct line or up to the third degree in a collateral line;

c) are united with a party by marriage, registered partnership, engagement, foster ties, or if they are in a de facto cohabitation with them;

d) represent one of the parties or have acted in the same matter for one of the parties;

e) may, for other reasons, have a preconceived opinion in the matter.

1. Parties intending to request the disqualification of a person referred to in Article 11 must do so without delay to the authority responsible for the procedure.

2. If the disqualification is contested, the request is transmitted to the competent authority, namely

a) in the case of disqualification of a member of a collegial authority, that authority which decides without the member concerned;

b) in the case of disqualification of a staff member, the appointing authority;

c) in the case of disqualification of a staff member assigned to a collegial authority, that authority;

d) in the case of disqualification of experts, the designating authority;

e) in other situations, the cantonal appeals authority.

1. The person whose disqualification is requested shall be heard by the disqualification authority.

2. If the disqualification is contested, the disqualification authority shall decide.

1. A person is considered a party to the proceedings if their rights or obligations could be affected by the decision to be made, as well as other persons, organizations, or authorities who have a legal remedy against the decision.

2. In appeal proceedings, the authority that made the contested decision is treated as a party.

1 When the object, whose ownership establishes the standing to participate in the proceedings, is transferred during the course of the proceedings, the person who acquires it takes over the proceedings in place of the transferring party.

1. Parties may be assisted and, unless they must act or appear in person, be represented.

2. The agent shall justify their powers by a written power of attorney.

3. If more than ten persons submit a collective statement or statements with identical content, the authority may invite them to choose one or more representatives. Failing this, it shall proceed with the appointment.

Unless international law or the foreign authority permits direct notifications within the state concerned, parties domiciled abroad must elect a domicile for notifications in Switzerland or take necessary steps to communicate electronically with an authority that uses a transmission method provided in Articles 26 or 28.

1. The parties and their representatives refrain from acting in bad faith and from disrupting the course of a proceeding, particularly by using reckless tactics.

2. They respect propriety and avoid inappropriate acts and remarks.

3. The authority may impose a disciplinary fine of up to 1,000 francs on offenders.

1. The procedure is conducted in French.

2. If necessary, the authority may engage a translator or an interpreter.

3. The costs of translation and interpretation may be charged to the parties.

1. The procedure is in writing, unless otherwise provided by legislation.

2. The parties' documents must be understandable and, if submitted in paper form, signed.

3. Procedural documents executed and transmitted electronically under the conditions of this law are considered to be in writing.

1. The authority grants an additional period to the party whose acts are unclear, incomplete, contrary to public decency or inappropriate, unsigned, or not drafted in French, in order for them to be corrected.

2. If the act is not corrected within the period set by the authority, it is deemed not filed.

1. The authority maintains a file that contains the elements it has collected.

2. It organizes the file clearly and creates an index of the documents it comprises, which are numbered.

1. Maintain their records in electronic form

a) the judicial authority;

b) the Council of State, departments, and the chancery, when they are involved in contentious proceedings;

c) administrative authorities as defined in Article 2, letter e, when presided over by a judge from the judicial order.

2. Other administrative authorities may maintain their records in electronic form.

3. The authorities referred to in paragraphs 1 and 2 shall digitize physical documents. Exceptions are made for documents that are not amenable to digital conversion due to technical reasons.

4. The digitized documents constitute the authentic version for the procedure.

**1. Authorities May Process All Necessary Personal Data, Including Sensitive Data, for the Conduct of an Administrative Procedure.**

2. If Administrative Authorities Use an Information System, They Shall Determine by Regulatory Means at a Minimum

a) the purpose of the processing;

b) the person responsible for the processing;

c) the categories of processed data;

d) access rights;

e) the methods of data communication;

f) as far as possible, the general description of the measures aimed at ensuring data and information security;

g) the duration of data retention;

h) the archival and destruction of data.

3. Additionally, the provisions of the Intercantonal Agreement on Data Protection and Transparency in the Cantons of Jura and Neuchâtel (CPDT-JUNE), dated May 8 and 9, 2012 [1], shall apply.

1. In case of emergency, the decision may be communicated orally. It must then be confirmed in writing within five days.

2. If the conditions of Article 31 are met, the written confirmation must be published in the next edition of the Official Gazette.

3. The period for initiating legal proceedings does not begin until the notification of the written confirmation.

1. Are required to use the centralized electronic communication platform as defined by the LPCJ to exchange documents with the authorities designated in Article 26

b) individuals who represent the parties in a professional capacity.

2. If they submit documents in paper form, the authority in charge of the procedure shall set an appropriate deadline for them to submit the documents electronically and shall warn them that if they fail to do so, the documents will be deemed not to have been filed.

3. Other solutions may be used for the transmission of documents between authorities, provided they allow for the protection of the document from any modification and from being accessed by unauthorized individuals.

1. Administrative authorities not referred to in Article 26 may, with the consent of the party or its representative, use an appropriate means of electronic communication, such as

a) a platform that allows

- the identification of the party or its representative;

- the precise recording of the time of transmission and the time of notification; and

- the protection of the document from any modification or access by unauthorized persons;

b) or a secure messaging service recognized as such by the cantonal service in charge of information technology, provided that a qualified electronic signature, under federal legislation, is affixed to the parties' acts and the decisions that require it.

2. They may electronically exchange documents among themselves, provided that the means used allows for the protection of the document from any alteration and access by unauthorized persons.

3. Anyone may request to communicate with the authorities designated in Article 26 through the centralized electronic communication platform.

1. Documents that are not technically suitable for digitization shall be submitted in paper form.

2. Authorities and parties may request that documents also be provided to them in paper form

a) when technical issues may jeopardize timely processing;

b) when it is necessary either to verify their authenticity or to allow for subsequent use.

In the case of using an electronic means of communication, a communication is deemed to be notified at the time of the first consultation, as indicated on the consultation receipt, but no later than the end of the seventh day following transmission to the recipient's address, as indicated on the non-consultation receipt.

1. Decisions or communications in paper form are notified by mail or another method with acknowledgment of receipt.

2. A decision or communication delivered against signature is deemed to have been received no later than seven days after the first attempt at delivery.

3. A decision or communication delivered on a Saturday, Sunday, or holiday, without requiring a signature, is deemed to have been received on the next business day.

**Publication in the Official Gazette of the decision or communication serves as notification when:**

a) a party does not have a domicile, headquarters or place of residence, nor a known agent, or;

b) a party is domiciled abroad and direct notification is not possible, and they have not provided a notification address, according to Article 17, or;

c) notification is not possible or presents extraordinary difficulties.

1. The time limits set in days begin to run the day after the day of their communication or the event that triggers them.

2. If the last day of the time limit falls on a Saturday, Sunday, or a public holiday, the deadline is postponed to the next business day.

3. Days are considered public holidays if the offices of the cantonal administration are closed for at least half a day.

1. The deadline is deemed to be met when the document is submitted to the authority or its address, to a Swiss post office, or to a Swiss diplomatic or consular representation, no later than the last day.

2. In the case of electronic transmission, the decisive moment for complying with the deadline is the moment of transmission to the centralized communication platform LPCJ, or via a means provided for in Article 28, as indicated on the receipt of acknowledgment.

3. In the event of an inability to access the platform, the rules provided by Article 26 of the Federal Act on Electronic Communication Platforms in the Judicial Domain (LPCJ) apply.

4. When a party addresses an incompetent authority in a timely manner, the deadline is deemed to be met.

1. A legal deadline cannot be extended.

2. A deadline set by the authority may be extended if the party requests it before its expiration and provides sufficient reasons.

3. When the authority denies the extension of a deadline, the requesting party has a period of three days from the notification of the refusal to complete the act.

1 The period is reinstated when the party or their representative demonstrates a credible impediment, without fault on their part, preventing action within the prescribed period.

2. The application for reinstatement must be submitted within ten days following the day on which the impediment ceased. The act to be performed must occur within the same period.

Legal and authority-established deadlines do not run

c) from December 18 to January 2 inclusive.

1. The authority may, on its own initiative or upon request, consolidate several cases that relate to the same factual situation or a common legal cause.

2. It may order the separation of jointly initiated proceedings if their joint handling is likely to complicate the course of the procedure.

The authority may, on its own initiative or upon request, suspend the proceedings for reasons of expediency.

1. The authority establishes the facts ex officio.

2. It administers evidence freely without being bound by the allegations or offers of evidence from the parties.

The authority shall, where appropriate, resort to the following means of evidence

f) testimony.

1. The authority responsible for rendering a decision conducts the procedure itself.

2. It may delegate the investigation to one of its members, an internal department, a subordinate, or a third party. It shall inform the parties thereof.

1 The parties are required to cooperate in establishing the facts from which they intend to derive rights.

Third parties are obligated to cooperate in the administration of facts, which particularly entails

c) tolerating a local inspection.

1 May refuse to cooperate

a) individuals summoned to disclose facts that would expose them to criminal prosecution, serious dishonor, or definite financial harm, or would expose such risks to

– their spouse, registered partner, or anyone cohabiting with them;

– their direct ascendants and descendants, and relatives up to the second degree in collateral line;

b) individuals referred to in Article 321, paragraph 1, of the Swiss Penal Code (SPC), dated December 21, 1937 [3], summoned to disclose facts that are covered by professional secrecy under this provision, unless such secrecy has been waived;

c) individuals who, in their professional capacity, contribute to the dissemination of information in the editorial section of a periodic media outlet and are summoned to reveal the identity of the author, the content, or the sources of their information;

d) mediators summoned to disclose facts of which they have become aware in the course of their duties.

2. Public office holders are only obliged to testify about facts they became aware of during the execution of their duties if their obligation of confidentiality has been lifted.

When a third party unjustifiably refuses or refrains from cooperating, the authority may

a) impose a fine of up to 1,000 francs;

b) threaten to impose the sanctions provided for in Article 292 of the Criminal Code;

c) order enforcement through public force;

d) assign the costs incurred due to the lack of cooperation to the third party.

1. Administrative and judicial authorities shall exchange all necessary data, including sensitive data, for the establishment of facts.

2. The requested authority may refuse its assistance only if a legal provision opposes it or if it can justify an overriding public or private interest.

3. Disputes between administrative authorities are resolved by the Cantonal Court.

4. Disputes between administrative authorities and the Cantonal Court are resolved by the Grand Council.

1. The authority or the person responsible for the investigation may, on their own initiative or upon request, seek an expert opinion from one or several experts. Unless urgent circumstances exist, they shall first hear the parties involved.

2. The grounds for recusal outlined in Article 11 apply to the experts.

1. The expert must respond truthfully and submit the report within the deadline set by the authority or the person overseeing the proceedings.

2. The authority or the person overseeing the proceedings shall inform the expert of the criminal penalties for breaching official secrecy as per Article 320 of the Penal Code, as well as the consequences of non-compliance or incomplete execution of the mandate.

3. Additionally, the judicial authority shall inform the expert of the criminal consequences of submitting a false report as per Article 307 of the Penal Code.

4. The expert is entitled to remuneration.

1. Except in cases of imminent danger, the authority or person responsible for the investigation provides the parties an opportunity to express themselves on the matters submitted for expert opinion.

2. The authority then transmits these matters to the person designated as the expert, provides them with the necessary documents for the execution of their mandate, and sets a deadline for submitting their report.

3. The expert may, with the authorization of the authority or the person responsible for the investigation, conduct or have others conduct investigations, the results of which are detailed in the report.

4. The authority or person responsible for the investigation sends the report to the parties and sets a deadline for them to submit their observations or additional questions.

1. When the individual appointed as an expert fails to submit their report within the stipulated deadline, despite a reminder, the authority or the person responsible for the proceedings may revoke their appointment and arrange for a replacement.

2. If the report is unclear, incomplete, or insufficiently reasoned, the authority or the person responsible for the proceedings may request it to be completed, explained, or may call upon another expert.

3. They may sanction the defaulting expert with a fine of up to 1,000 francs.

1. The authority or the person responsible for the investigation may resort to the interview of witnesses if the facts cannot be elucidated using other means of evidence.

2. The parties have the right to attend the witness interviews.

3. If it is necessary to safeguard significant public or private interests, witnesses may be heard in the absence of the parties, and they may be denied permission to consult the interview transcripts, in accordance with Article 59.

4. Witnesses may be confronted with each other and with the parties.

1. The authority or the person responsible for the investigation requests the witness to state their identity as well as their connections with the parties and informs him or her about Article 45.

2. He or she is informed about the consequences of giving false testimony and is asked relevant questions for the establishment of facts.

3. The parties may, with the approval of the authority or the person responsible for the investigation, ask additional questions.

1. The essence of the testimonies is recorded in the minutes, which are read and signed by the person heard as a witness.

2. The testimonies may be recorded and included in the file, in which case the minutes of the hearing do not have to be signed.

The person heard as a witness may obtain reimbursement for travel expenses as well as an allowance.

1. The authority hears the parties before making a decision.

2. It may dispense with this before making

a) an incidental decision not subject to appeal;

b) a decision that may be subject to opposition or complaint;

c) a decision that fully grants the parties' requests;

d) an enforcement measure;

e) another decision when there is urgency in the situation, an appeal is available to the parties, and no legal provision grants them the right to be heard beforehand.

3. The consultation of documents from a processed file and the issuance of copies are subject to fees. The Council of State sets the tariff.

1. Individuals who communicate with authorities electronically within the meaning of Article 26 access the file on the centralized communication platform as defined by the LPCJ.

2. Individuals who communicate with authorities electronically within the meaning of Article 28 receive the file via electronic transmission means.

3. Exceptionally, the file may be consulted in paper form at the authority's headquarters.

A document whose consultation has been denied to a party may only be used to their disadvantage if the authority has communicated to them, orally or in writing, the essential content related to the matter and has given them the opportunity to express themselves and to provide counter-evidence.

1. The authority or person responsible for the investigation may, at any time, suspend the proceedings with the consent of the parties, to allow them to reach an amicable settlement.

2. If the negotiation results in an agreement that includes a waiver of legal remedies, the authority incorporates this agreement into its decision, unless the agreement contains a defect within the meaning of Article 108. The authority also rules on the costs.

3. Each party may, at any time, request the resumption of the proceedings.

1. The authority or person responsible for the investigation may, at any time, summon the parties to a conciliation session.

2. If the conciliation is successful, they record the agreement, including a waiver of legal remedies, in the minutes signed by the parties, incorporate it into their decision, and rule on costs.

3. If one of the parties fails to appear or if the conciliation fails, the procedure continues.

4. Statements made during the conciliation session are not recorded and cannot be used in the proceedings.

1. The authority or the person responsible for the investigation may at any time propose to the parties to enter into a mediation process and, if applicable, suspend the proceedings.

2. If the mediation results in an agreement that includes a waiver of legal remedies, the agreement becomes the content of its decision, unless the agreement contains a defect within the meaning of Article 108. It rules on the costs.

3. Each party may, at any time, request the resumption of the proceedings.

4. The Council of State may specify the modalities for implementing mediation and the requirements to be met by mediators in terms of training.

1. Mediation costs are determined by agreement between the parties and the mediator.

2. These costs are borne by the parties, who agree on their distribution.

3. The Council of State may stipulate in which cases and under what conditions the mediation costs can be borne by the State.

1. Procedural Costs (hereinafter: the costs) include the fees, evidence administration expenses, and disbursements.

2. They are specified in the operative part of the decision.

3. When proceedings become moot, the authority decides if and to what extent costs may be charged to the parties.

Fees may, on its own initiative or upon request, be reduced or waived

a) when the requirement of their payment would be excessively strict, particularly due to the indigence of a party;

b) when the request or appeal comes from a private institution serving the public interest;

c) when the parties reach an agreement as provided in Articles 61 and following;

d) when other specific reasons justify it, particularly when the procedure is primarily intended to satisfy a public interest.

1. In the first instance, the costs are borne by whoever requests an administrative decision or provokes it by their conduct.

2. Unless provided otherwise by special legislation, they are determined in accordance with the law concerning fees, dated 10 November 1920, and its implementing decrees.

3. They cannot be charged to the party filing an objection or a complaint unless they have violated procedural rules or if their action is reckless or abusive.

1 In the event of appeal, revision, or administrative law action, the costs shall be borne by the losing party.

Are not required to pay fees, except in cases of administrative law action

a) Neuchâtel cantonal authorities, or their entities, within the meaning of Article 2, letters a, b, and e, unless particular circumstances justify otherwise;

b) municipal authorities and public law institutions of Neuchâtel, within the meaning of Article 2, letters c and d, unless their financial interests are at stake or other particular circumstances justify otherwise.

1. The first instance authority may request an advance on costs from the parties, equivalent to the anticipated expenses, only if

a) the party is domiciled abroad or has no known domicile, or;

b) the party is insolvent, or;

c) the administration of evidence is likely to incur high expenses.

2. If the advance is not made within the given timeframe, the authority may declare the application inadmissible or refrain from carrying out the procedural act for which the advance was requested.

3. The authority may, if particular circumstances justify it, waive the requirement for an advance on costs or authorize payment in installments.

1. The authority shall require the appellant or applicant to provide an advance payment for costs equivalent to the estimated expenses, warning that if payment is not made within the specified timeframe, the appeal or application will be deemed inadmissible.

2. The parties may be required to provide, during the course of the proceedings, an advance intended to cover the costs related to the administration of evidence.

3. If this advance is not made within the specified timeframe, the authority may decline to carry out the procedural act for which the advance was requested.

4. The authority may, if special circumstances justify it, waive the requirement for an advance or allow it to be paid in installments.

5. The rules regarding legal aid remain unaffected.

1. The party who is entirely or partially successful is entitled to compensation for the necessary expenses incurred, including professional representation fees and disbursements set in accordance with the law establishing the tariff of fees, chancellery expenses, and costs in civil, criminal, and administrative matters (LTfrais) of November 6, 2019.

2. The costs compensation is charged to the unsuccessful party, or to the community or autonomous establishment in whose name the lower authority ruled, unless particular circumstances justify a different distribution.

1 No costs shall be awarded

a) in the first instance, before administrative authorities;

b) in opposition or complaint proceedings.

2 The party who, by their own fault, did not obtain satisfaction in the first instance has no right to costs in subsequent proceedings.

1. The authority first examines whether the preliminary conditions for making a decision are met, including

a) subject matter and territorial jurisdiction;

b) the capacity to be a party and to appear in proceedings;

c) the standing to sue;

d) powers of representation;

e) compliance with time limits, including for the payment of advances on costs.

2. If the defect is rectifiable, the authority grants the party a reasonable time to rectify or complete its act.

3. If a condition of admissibility is not fulfilled, the authority is not required to rule on the merits.

1. Every decision shall include the following elements

a) the designation of the authority rendering the decision and, if necessary, the names of the individuals comprising it;

b) the names of the parties and their representatives;

c) sufficient reasoning in fact and in law;

d) the operative part;

e) the time limit and the ordinary legal remedy;

f) the signature, insofar as the decision is in paper form, or the qualified electronic signature if it is notified by the means of transmission referred to in Article 28, paragraph 1, letter b.

2. Decisions rendered in large numbers that may be subject to opposition or complaint may be issued without reasoning or signature.

3. Authorities may waive the reasoning if the decision fully grants the claims of the parties.

1. A decision made exclusively on the basis of automated data processing must be presented as such.

2. It may be contested through opposition or a claim as per Articles 98 and following.

3. The decision on opposition or claim cannot be rendered in an entirely automated manner.

1 Before making a decision, the authority may, on its own initiative or upon request, order provisional measures to, notably

a) put an end to a dangerous situation;

b) safeguard threatened interests;

c) maintain an existing state of fact or law intact.

2. Provisional measures may be modified or revoked, on its own initiative or upon request, when the circumstances justifying them have changed.

1. If the provisional measures are likely to cause significant harm, the requesting party may be required to provide security within a reasonable time frame.

2. In the absence of such compliance, these measures may be denied.

3. Administrative authorities are exempt from the obligation to provide security.

1. Upon request by a party, the authority shall interpret its decision when it contains ambiguities or contradictions in the operative part or between the operative part and the grounds.

2. If the request is granted, a new period for appeal begins to run from the time of interpretation.

3. The costs and advance of costs are determined in accordance with Articles 68, 69, and 71.

1. The authority may, at any time, ex officio or upon request, correct drafting errors, calculation mistakes, or other similar oversights that do not affect the operative part of the decision or the essential content of the reasoning.

2. Costs and advances on costs are determined in accordance with Articles 68, 69, and 71.

A decision is enforceable when it can no longer be challenged through ordinary legal means, or when suspensive effect has been withdrawn or is excluded by law.

1. Administrative authorities shall execute their own decisions.

2. Decisions rendered by the judicial authority shall be executed by the competent administrative authority in the first instance or by the one designated by the appellate authority.

1. Decisions ordering the payment of a sum of money or the provision of securities are executed in accordance with the Federal Act on Debt Enforcement and Bankruptcy (DEBA) of April 11, 1889 [7].

2. Once they are enforceable, they are equated with a judgment in the sense of Article 80 DEBA.

1 To enforce decisions not pertaining to the payment of a sum of money, the authority may

a) order direct enforcement, if necessary by threatening penalties stipulated in Article 292 of the Swiss Criminal Code (SCC), dated December 21, 1937 [8];

b) have it enforced by a third party;

c) enforce the decision directly.

2. The enforcement costs shall be borne by the concerned party.

1. Before resorting to a coercive measure, unless there is an imminent danger, the authority shall warn the concerned person and grant them an appropriate time to comply.

2. The warning may be included in the substantive decision or in a subsequent document.

1. The administrative legal action can be pursued in cases involving disputes related to public law claims that cannot be subject to an appeal.

2. It applies to disputes concerning

a) pecuniary claims arising from the status of magistrates or the public service employment relationship;

b) claims arising from public law contracts or concessions;

c) non-contractual indemnities;

d) unjust enrichment;

e) financial disputes between municipalities;

f) social insurance benefits for which no appeal is available;

g) disputes between pension institutions, employers, and beneficiaries;

h) other cases provided for by law.

Any person who asserts a legal claim has standing to initiate an action.

The Cantonal Court has sole jurisdiction over all administrative law actions that are not assigned by law to another authority.

1. The action is initiated by a petition stating the grounds, the claims, and any possible means of evidence.

2. If the petition is submitted in paper form, it must be signed and submitted in one copy for the authority, accompanied by as many additional copies as there are parties.

1. The presidency of a collegial authority, or the member of the panel responsible for the proceedings, shall rule as a single judge in cases of inadmissibility or the closing of a procedure that has become moot or has been concluded by withdrawal or a judicial settlement.

2. They may handle requests for legal aid and make incidental decisions concerning procedural issues as well as provisional measures.

3. These decisions are summarily reasoned.

1 The defendant may raise counterclaims.

The parties may amend their pleadings until the close of the hearing.

Unless otherwise provided by law, the authority may not rule beyond the parties' pleadings.

**1. The authority that rendered the decision at first instance may, on its own initiative or upon request, modify or revoke it, when:**

a) a ground for revision within the meaning of Article 120 exists; or

b) the facts, circumstances, or legal provisions upon which the decision is based have changed significantly since then; or

c) an error was made by the administration, the correction of which is of considerable importance.

**2. The costs and advance of costs are determined in accordance with Articles 68, 69, and 71.**

1. Reconsideration for the reason provided in Article 120, paragraph 1, is possible at any time.

2. The request for reconsideration for other reasons must be filed with the authority that rendered the decision within 90 days following the discovery of the reason, but no later than ten years after notification of the decision.

3. The authority may reconsider its decision on its own initiative within two years following the discovery of the reason, but no later than ten years after notification of the decision. The time limits provided by special laws, particularly for the restitution of benefits, are reserved.

The application for reconsideration neither interrupts the time limit nor has a suspensive effect.

1. Decisions rendered in large numbers or made exclusively on the basis of automated data processing are subject to objection or complaint.

2. The option to file an objection or complaint is also available when a legal basis provides for it.

3. The standing to file an objection or complaint, as well as the suspensive effect, are governed by analogy with the provisions applicable to appeals.

1. The period for filing a claim or objection is 30 days from the notification of the decision.

2. The objection or claim must be summarily reasoned.

The authority that issued the initial decision shall adjudicate the complaint or opposition with full power of review.

Final decisions may be subject to appeal.

1. Incidental decisions concerning jurisdiction or recusal may be subject to appeal. They can no longer be contested at a later stage.

2. Other incidental decisions rendered separately may be subject to appeal if

a) they are likely to cause irreparable harm, or;

b) admitting the appeal may lead immediately to a final decision that avoids a lengthy and costly evidentiary procedure.

3. If the appeal is not admissible under paragraph 2 or if it has not been used, the incidental decision may be contested along with the final decision to the extent that it affects the content thereof.

The appeal is admissible if the authority addressed refrains from making a decision subject to appeal or delays in doing so.

**The appeal against an enforcement measure is admissible only if it produces new legal effects.**

Decisions of the Grand Council and the Council of State that have a predominantly political character cannot be subject to an appeal at the cantonal level.

Entitled to appeal

a) Anyone particularly affected by the contested decision who has a legitimate interest worthy of protection in having it annulled or modified;

b) Any other person, organization, or authority when provided by law.

1 The Cantonal Court is the ordinary higher appeals authority.

2. Administrative authorities are appeals authorities in cases provided for by federal or cantonal law.

The following grounds may be invoked

d) denial of justice as defined in Article 103.

**1. The Appeal Brief and Its Annexes**

The appeal brief and its annexes are submitted to the competent authority. If filed in paper form, it must be signed and provided in one copy for the authority, accompanied by as many additional copies as there are parties.

**2. It Indicates:**

d) any possible means of evidence.

**3. If the brief does not comply with legal requirements, the competent authority will grant a suitable time frame to the appealing party to remedy the deficiencies.**

**4. Simultaneously, the authority will inform the appealing party that failing to do so, it will make a decision based on the file, or if the conclusions or reasons are missing, the appeal will be declared inadmissible.**

The appeal may be withdrawn, in whole or in part, as long as a decision has not been made.

1. The Appeal with a Suspensive Effect.

2. It lacks suspensive effect if

a) the decision rejects the request of an applicant;

b) a legal provision provides for it;

c) the authority that rendered the contested decision decides due to an important public interest;

d) the appellate authority decides, ex officio or upon request, due to an important public interest.

3. The decision withdrawing or removing the suspensive effect must be justified.

4. The suspensive effect cannot be withdrawn from appeals against a decision concerning a monetary benefit.

**1. Upon the filing of the appeal, the authority to address the subject of the contested decision transfers to the appeal authority.**

**2. The first instance authority may, however, conduct a new examination of the contested decision until the submission of its observations.**

**3. It shall promptly notify its decision to the parties and inform the appeal authority, which shall continue to process the appeal if the new decision has not rendered it moot.**

1. Upon the filing of the appeal, and if the appeal is not manifestly inadmissible or unfounded, the investigating authority shall forward it to the authority that issued the contested decision and, where applicable, to the other parties, setting a deadline for them to submit their observations.

2. At the same time, it shall request the lower authority to produce its file.

3. It may, at any stage of the proceedings, invite the parties to a new exchange of pleadings or to a hearing.

1. The presiding officer of a collegial authority, or the member of the panel responsible for the instruction, may, without the exchange of written submissions or debate, dismiss an appeal that is manifestly inadmissible, frivolous, or abusive.

2. He or she may close proceedings that have become moot due to withdrawal, conciliation, or for another reason.

3. He or she may handle requests for legal aid and make incidental decisions regarding procedural matters, suspensive effect, as well as provisional measures.

1. The appellate authority is not bound by the grounds or the conclusions of the parties.

2. It may amend the decision to the advantage or disadvantage of the appellant party.

3. In the latter case, it informs the party of its intention and grants a period for the party to express its position or, unless otherwise provided by law, withdraw the appeal.

1. To the extent that it admits the appeal, the authority annuls the contested decision and, if necessary, decides the case itself.

2. If applicable, it remands the case to the respondent authority.

An appeal to the Cantonal Court is only admissible after all lower avenues of appeal have been exhausted.

1. The authority of appeal shall revise its final decision, either autonomously or upon request, when a crime or offense has influenced it.

2. Furthermore, it shall proceed with the revision, upon request, when a party

a) alleges important new facts or presents new evidence, or;

b) proves that the authority failed to take into account important facts established by documents, or;

c) proves that the authority violated the provisions on recusal or the right to be heard.

3. The grounds mentioned in paragraph 2 only allow for a revision when they could not have been invoked in the procedure preceding the decision on appeal or by way of appeal against that decision.

1. Revision for the reason provided in Article 120, paragraph 1, is possible at any time.

2. The request for revision for the reasons provided in Article 120, paragraph 2, must be submitted to the authority that issued the decision within 90 days following the discovery of the reason, but no later than ten years after the notification of the decision.

1. The Arbitral Tribunal is seized by means of an administrative law action.

2. The application must be filed with the registry of the Cantonal Tribunal.

3. In addition to the elements provided for in Article 86, it indicates whether conciliation has been attempted by a body provided by agreement.

When conciliation is conventionally provided before an organization, it must be attempted before submitting a case to the Arbitral Tribunal. Failing this, the application is inadmissible.

The presidency shall promptly transmit a copy of the request and its annexes to the opposing party, setting a deadline for response and for indicating its means of evidence.

2. The presidency shall appoint the arbitrators, ensuring ex officio compliance with the rules on recusal.

3. Any person proposed for a mandate as an arbitrator must promptly disclose the existence of any facts that could raise legitimate doubts about their independence or impartiality.

The presidency conducts the case and proceeds with any useful evidentiary measures.

1. The presidency is competent to address requests for recusal targeting one or more arbitrators, or a member of the administrative staff.

2. The Public Law Court is competent to address requests for recusal targeting the presidency.

The Council of State Sets the Arbitrators' Remuneration Tariff.

1. The amendment of the current law is included in the annex.

2. The legal department is responsible for replacing the name of the Law on Administrative Procedure and Jurisdiction (LPJA) of June 27, 1979 [10], with the name of this present law and, if applicable, the specific article referenced, in all texts published in the Neuchâtel Systematic Compilation.

The Law on Administrative Procedure and Jurisdiction (LPAJ), of June 27, 1979 [11], is repealed.

This law applies to proceedings pending at the time of its entry into force.

Municipalities and autonomous public law entities may only be subject to procedural costs following the acceptance of appeals against their decisions if these decisions were made after the entry into force of this law.

1 As long as the Federal Law on Electronic Communication Platforms in the Judicial Field (LPCJ), dated December 20, 2024, has not been implemented in the Canton of Neuchâtel, the authorities mentioned in Article 23, paragraph 1, letters a to c, may retain files in paper form.

As long as the Act on Electronic Communication Platforms in the Judicial Sector (AECPJ) of December 20, 2024, is not implemented in the Canton of Neuchâtel, Articles 26, 27, paragraphs 1 and 2, and 28, paragraph 3, do not apply.

This law is subject to an optional referendum.

1. The Council of State sets the date for the entry into force of this law.

2. It provides, if necessary, for its promulgation and execution.

Law promulgated by the Council of State on May 14, 2025.

The entry into force is set to take effect on January 1, 2026.

Annex

(Art. 129, para. 1)

Modification of the law in force

1. The law on the liability of public authorities and their agents (liability law) (LResp), of September 29, 2020 (RSN 150.10), is amended as follows

2. The law on the organization of the Council of State and cantonal administration (LCE), of March 22, 1983 (RSN 152.100), is amended as follows

3. The Neuchâtel judicial organization law (OJN), of January 27, 2010 (RSN 161.1), is amended as follows

4. The law on the handling of acts upon death and similar acts (LACDM), of November 2, 2010 (RSN 214.10), is amended as follows

5. The introductory law to the Federal Debt Collection and Bankruptcy Act (LILP), of November 12, 1996 (RSN 261.1), is amended as follows

6. The implementing act of the Federal Old Age and Survivors Insurance Act and the Federal Disability Insurance Act (LA-LAVS/LAI), of October 6, 1993 (RSN 820.10), is amended as follows

7. The introductory law to the Federal Health Insurance Act (LILAMal), of October 4, 1995 (RSN 821.10), is amended as follows

8. The introductory law to the Federal Accident Insurance Act (LILAA), of December 20, 1983 (RSN 821.204), is amended as follows