Act on Administrative Procedure and Administrative Justice (Administrative Justice Act, VRG) (Verwaltungsrechtspflegegesetz, VRG) - Principle (VRG)

1. This law applies to the procedures in cantonal and municipal administrative matters.

2. Exceptions are made for differing provisions of the federal government and the canton.

3. This law is not applicable to service instructions directed to the personnel of the community.

1. Real acts are factual administrative actions that are based on public law.

1. Decisions within the meaning of this Act are deemed to be decrees or orders issued by authorities with sovereign powers having the following effect in individual cases

1. Establishment, alteration, or annulment of rights or obligations;

2. Determination of the existence, non-existence, or scope of rights or obligations;

3. Rejection of requests for the establishment, alteration, annulment, or determination of rights or obligations, or the decision not to consider such requests.

2. The term "decisions" also includes interim decisions, supplements, and explanations, as well as enforcement decisions.

1. Authorities within the Meaning of this Law

1. The Administrative Court;

2. The Government Council, the Departments, the Cantonal Commissions, the Cantonal Offices, as well as the Administrations of the Cantonal Institutions;

3. The Administrative Boards, the Commissions and Offices of the Municipalities, as well as the Administrations of the Municipal Institutions;

4. The Administrative Authorities of the Municipal Associations;

5. Third Parties, insofar as they make decisions or perform real acts in the fulfillment of public-law tasks.

2. The term "Administrative Authorities" refers to the authorities according to Nos. 2-5.

1. The authority is bound by law and justice in the fulfillment of its duties; it applies the relevant law ex officio.

2. It may only interfere with the rights of individuals and impose obligations on them to the extent that it is legally permissible.

1. Any restriction of fundamental rights and constitutional rights must be based on a legally established public interest.

1. The authority shall take only those necessary and appropriate measures required to achieve the statutory objective.

2. The measure must not result in a detriment to the individual or the public that stands in obvious disproportion to the intended outcome.

3. Among several permissible and appropriate measures, the authority shall apply those which least affect the public and the individual.

1. The authority acts within the scope of the authorization granted to it, based on objective criteria, balancing public and private interests.

1. The authority treats all comparable factual circumstances in the same manner and treats those factual circumstances differently which differ from each other and require different treatment.

1. The authority and the parties shall act in good faith.

2. The public entity is, in principle, bound by assurances and information provided by a competent authority in a specific matter, under the conditions that

1. the recipient could not readily recognize their inaccuracy or could not readily recognize the correct interpretation themselves,

2. the recipient has made arrangements based on that trust, which they cannot undo without substantial loss, and

3. the legislation has not changed in the meantime.

3. If there is a prevailing public interest opposing the protection of trust as per paragraph 2, the public entity shall provide appropriate compensation.

1. The authority examines and regulates matters diligently and without delay.

2. It avoids excessive formalism.

1. Parties Defined

1. Persons whose rights or obligations are affected by the decision or real act;

2. Other persons, organizations, or authorities who are granted a legal remedy against the decision by legislation;

3. Authorities whose decision is being contested.

1. The parties may act independently in administrative matters if they have the legal capacity for the subject matter of the proceedings under private or public law.

2. If a party is unable to properly conduct the proceedings, the authority may require the appointment of legal counsel within a reasonable period.

1. If the decision is expected to affect the legal position of a third party, the authority may include the third party in the proceedings either ex officio or upon request by a party or the third party through joinder.

2. The joined party assumes the status of a party to the extent that its legal relations are affected by the proceedings.

3. The authority shall notify the parties of the joinder.

1. The party may be represented at every stage of the proceedings.

2. The authority addresses its notifications to the party’s representative as long as the power of attorney is not revoked.

3. The party may be assisted by a representative during the proceedings.

1. The legal representation must possess unlimited legal capacity; for professional legal representation before the Administrative Court, Art. 70 of the Court Act is applicable.

2. The legal representative must submit a power of attorney for the records as proof; if the legal representative fails to submit a power of attorney within the specified deadline, the authority will not act on their submission.

1. The authority shall ex officio examine whether it has jurisdiction under the legislation.

2. The establishment of jurisdiction by agreement between authorities and parties is excluded.

1. The authority that denies its jurisdiction shall promptly transfer the matter, notifying the parties involved, to the authority it considers competent.

2. If there are doubts about jurisdiction, the authorities concerned shall engage in an exchange of views.

1. The authority, which considers itself competent despite a party's objection, shall decide on the matter; it may first establish its jurisdiction through an interim decision.

2. If no authority considers itself competent, the approached authority shall dismiss the matter by a decision.

1. Conflicts of jurisdiction between municipal administrative authorities are decided by the superior administrative authority.

2. Conflicts of jurisdiction between cantonal instances are decided by the Constitutional Court, unless it is a party.

3. Conflicts of jurisdiction in which the Constitutional Court is a party are decided by the Cantonal Council.

1. In administrative and administrative appeal proceedings, disqualification is governed by the provisions of the Authority Act or the Personnel Act.

1. In proceedings before the administrative court and the constitutional court, the provisions of the Code of Civil Procedure apply mutatis mutandis to the recusal.

2. Decisions on disputed recusal requests are made by

1. the division of the court responsible for the matter, if members of the division or the court clerk are affected;

2. the cantonal court, if the administrative court or the constitutional court can no longer be properly constituted for the decision under number 1.

3. The decision can be contested within 20 days by lodging an appeal

1. with the higher court if the administrative court is concerned;

2. with the administrative court if the constitutional court is concerned.

1. Legal assistance is granted within the framework of the applicable inter-cantonal agreements.

2. The competent department ensures the processing of requests for legal assistance from administrative authorities and administrative courts of the Confederation or other cantons; it is responsible for permitting investigatory authorities of the Confederation or other cantons to conduct official acts within the canton.

1. The authority shall take the necessary measures to investigate the administrative matter.

2. Collegial authorities may entrust the execution of this task to one of their members, a committee, a subordinate office, or an official.

1. The authority may take precautionary measures to preserve the existing condition or to provisionally protect threatened legal interests.

2. In urgent cases, these measures may be taken by the chairman of the collegial authority or the designated body.

3. If proceedings on the merits have not yet been initiated, the authority shall set a deadline for the applicant party to file a complaint, with the warning that the ordered measure will lapse without further action if the deadline expires unused.

4. If circumstances change or if the precautionary measures subsequently prove to be unjustified, they may be amended or revoked.

5. Upon the final and binding decision on the merits, the measures lapse by operation of law. The authority may order their continuation if it serves the enforcement or if the law provides for it.

1. The Chairman of the Authority may, for reasons of expediency, either ex officio or upon request by a party, suspend the proceedings, particularly if the decision may depend on or be significantly influenced by another decision.

1. If, in the course of the proceedings, the legally significant interest in a decision on the matter ceases to exist, in particular as a result of the withdrawal of the parties' requests or a settlement, the authority declares the proceedings to be concluded.

2. It may impose the procedural costs on the parties.

1. The authority responsible for the matter may issue a declaratory decision ex officio or upon request regarding the existence, non-existence, or content of public-law rights or obligations.

2. The request for a declaration shall be granted if the applicant demonstrates a legitimate interest.

1. Party negotiations and consultations before administrative authorities are not public.

1. The procedure shall be conducted in writing, unless the legislation prescribes or permits oral hearings.

2. The language of the proceedings is German; the authorities may accept submissions in foreign languages.

3. Upon request by the authority or a party, the parties must have their submissions or statements in foreign languages translated by experts.

1. The authority issues its summons in writing and at least 14 days before the scheduled date; in urgent cases, this period may be shortened.

2. The summons must contain the following information

1. Names and residences of the parties and their representatives;

2. Place and time of appearance;

3. Subject matter of the hearing and procedural status of the summoned party;

4. Notice of the consequences of default;

5. Date and signature.

1. The authority shall deliver summons, decisions, and other notifications via mail or messenger; if the whereabouts of a party are unknown or if delivery is not possible for other reasons, the authority shall arrange for delivery by publication in the official gazette and, at its discretion, in other newspapers.

2. If the recipient resides or is headquartered outside the canton, the authority may request the locally competent instance to carry out the delivery in accordance with the locally applicable law.

3. Parties with residence or headquarters abroad must, upon request by the authorities, designate a delivery domicile within the canton. Deliveries to parties who fail to comply with this request may be made by public announcement in the official gazette.

1. Service is also deemed to have been legally executed and is legally effective if the addressee expressly refuses acceptance or fails to collect a registered item within the stipulated period.

1. Statutory deadlines commence from the moment the event to which they are linked has occurred; administrative deadlines commence from the receipt of the notification, unless the authority specifies otherwise.

1. In objection proceedings before administrative authorities, statutory deadlines or those determined by the authority in terms of days are suspended from December 18th to January 2nd, inclusive.

2. In appeal and remedy proceedings before administrative authorities, as well as in administrative court proceedings, these deadlines are suspended

1. from the seventh day before Easter to the seventh day after Easter, inclusive;

2. from July 15th to August 15th, inclusive;

3. from December 18th to January 2nd, inclusive.

3. The suspension of deadlines does not apply

1. for the issuance of provisional measures;

2. in objection or legal remedy proceedings concerning

a) the placement in care;

b) admission to schools;

c) promotion and completion of school or vocational training;

d) public procurement;

e) conditional release from detention; or

f) in matters of elections and referendums.

3. in negotiations and the setting of deadlines in agreement with the parties.

1. In the calculation of the deadline, the day on which the event triggering the commencement of the deadline occurs is not counted.

2. If the last day of the deadline falls on a Saturday, a public holiday, or a non-working day, it ends on the next working day. Non-working days are considered to be: Berchtold's Day, Easter Monday, Whit Monday, National Day, and St. Stephen's Day.

1. Actions for which a deadline is set must be completed no later than the last day of the deadline.

2. Written submissions must be submitted to the authority or handed over to the Swiss postal service for delivery to the authority no later than the last day of the deadline.

3. If the submission is timely directed to an incompetent authority, the deadline is considered to be met.

1. A statutory deadline cannot be extended.

2. Deadlines set by the authorities can be extended by the authority or the chairperson, if a request is made before the deadline expires and a sufficient reason is credibly demonstrated; this provision applies correspondingly to the rescheduling of appointments.

1. The authority that sets a deadline or an appointment may only threaten the consequences provided for by legislation, particularly that if a deadline or an appointment is missed, a decision will be made based on the records.

2. If deadlines and appointments set by authorities are missed, only the threatened consequences will occur.

1. Restoration of a deadline or appointment may be granted if the applicant or their representative was unavoidably prevented from acting within the deadline, submits a substantiated request for restoration within ten days after the removal of the obstacle, and simultaneously completes the missed legal action.

2. The authority provides the opposing party with the opportunity to respond; it gathers the necessary evidence and renders a decision without further appeal.

1. The parties have the right to be heard.

2. The authority may require the parties to clarify, correct, or supplement their submissions.

1. The authority must hear the parties before making a decision.

2. It may waive the hearing

1. for interlocutory decisions that cannot be independently challenged;

2. if the decision only affects the applicant;

3. if the decision can be challenged by objection;

4. before decisions in first-instance proceedings, if there is imminent danger and the parties have the right to appeal the decision;

5. before enforcement decisions.

1. In a matter involving conflicting interests of multiple parties, the authority must provide each party with the opportunity to respond to the submissions of the opposing party once.

1. The authority accepts the evidence offered to it if such evidence appears suitable for clarifying the facts of the case.

2. If the acceptance of evidence is associated with relatively high costs, the authority may condition the acceptance of the evidence on the party advancing the costs within a set deadline.

1. The authority may inform the parties of their rights and obligations if it appears necessary.

2. It informs the parties upon request about the status of the pending proceedings.

1. The parties have the right to inspect the following documents at the seat of the decision-making authority concerning their own matters, unless provisions in the legislation provide otherwise

1. Submissions and reports from authorities;

2. Submissions from the parties and records of their presentations;

3. Documents, records, and expert reports serving as evidence;

4. Copies of disclosed decisions.

2. No fee shall be charged for granting access to the files, unless it pertains to a concluded matter.

1. The authority may deny the parties access to the files insofar as confidentiality of certain documents is required

1. to safeguard overriding public interests;

2. to protect overriding private interests;

3. in the interest of another pending proceeding.

2. Access to the files may not be denied regarding

1. one's own submissions;

2. records of one's own applications and statements;

3. documents submitted as evidence by oneself;

4. disclosed decisions.

**1. If a party is denied access to a document, it may only be used to the party's disadvantage if the authority has informed the party of its essential content orally or in writing and has also given the party the opportunity to express themselves and request counter-evidence.**

1. Patented attorneys may have the files released to them subject to Art. 45 para. 1; if the deadline set for the return is not met, the release may be refused in the future.

2. Copies of the files can be provided to the parties upon request, where possible, subject to Art. 45 para. 1.

1. The authority establishes the facts ex officio; Article 50 is reserved.

1. The authority shall, if necessary, utilize the following means of evidence

1. public and private documents;

2. examination of parties;

3. information or testimony from third parties;

4. information from other authorities and administrative bodies;

5. visual inspection;

6. expert opinions.

2. Other means of evidence are permissible, provided they are suitable for proof and do not infringe on the personal freedom of the person concerned.

1. The parties are obligated to cooperate in the establishment of the facts

1. in a proceeding that they themselves have initiated;

2. in another proceeding, insofar as they submit independent applications;

3. insofar as a special duty to provide information is imposed upon them by legislation.

2. The authority is not required to consider applications as per Paragraph 1, Items 1 and 2, if the parties refuse the necessary and reasonable cooperation.

1. The competent authority may request written reports from other authorities to establish facts about which they can provide information based on their official duties.

2. The requested authority shall not provide information if

1. the requested information must remain confidential due to a legal provision or its nature;

2. providing the information could make it impossible or significantly jeopardize the fulfillment of the requested authority's own duties;

3. a public or significant private interest is or could be violated by doing so.

1. Authorized to Conduct Witness Examination

1. The entire Government Council, a committee, or the Landammann in appeal proceedings;

2. The Administrative Court, a committee, or the chairman;

3. Other administrative law instances, a committee, or the chairman.

2. The Government Council may authorize individuals tasked with an official investigation to conduct witness examinations.

3. ...

1. The provisions of Articles 150-193 of the Swiss Code of Civil Procedure (SCCP) apply additionally to the taking of evidence.

1. The authority shall ex officio examine whether the requirements for the issuance of a decision are met; it may initially limit the procedure and the decision to these issues.

2. The issuance of a decision particularly requires

1. Local and subject-matter jurisdiction;

2. Party and procedural capacity;

3. Authorization of representation by party representatives;

4. Existence of a particular concern and a legitimate interest in the decision;

5. Timely and proper legal measures.

3. If a requirement for the issuance of a decision is missing, the authority shall not proceed with the matter.

1. If all procedural requirements are met, the authority shall decide on the matter.

2. Through the decision, the authority resolves all applications of the parties.

1. Presidential decisions are to be issued by the chairperson or the deputy chairperson.

2. Presidential decisions are permissible for

1. Procedural directives;

2. Decisions assigned to the chairperson by the cantonal legislation.

1. The written decision must include

1. the name of the authority, in the decisions of judicial instances, also the names of the presiding judges and the court clerk;

2. the names of the recused members of the authority;

3. the precise designation of the parties and their representatives;

4. the legal claims of the parties;

5. a concise presentation of the facts;

6. the reasoning;

7. the legal provisions on which the decision is based;

8. the ruling, including the allocation of costs;

9. the necessary information about the ordinary cantonal legal remedies, or an indication that no ordinary cantonal legal remedy is permissible;

10. the date of the decision;

11. the signature.

2. The authority may dispense with the presentation of the facts and the reasoning

1. if it fully complies with the requests of the parties;

2. if the parties waive them;

3. if an objection against the decision can be raised.

3. In the case of a decision by a higher instance, reference can be made to the decision of the lower instance regarding the facts and reasoning.

1. Subject to contrary provisions, the following persons shall sign the decision

1. for collegial authorities: the chairperson and the secretary;

2. for presidential decisions: the president or their deputy;

3. for individual authorities: the office holder or their deputy;

4. for official agencies: the head of the agency or their deputy;

5. for administrations of cantonal or municipal institutions: the chairperson and the secretary.

2. ...

1. The authority shall deliver the decision to the parties in writing by providing a copy; the representatives of the parties shall receive the decision in duplicate.

2. An interlocutory decision may be announced orally to the parties present at the hearing, but must be confirmed in writing if a party requests this by the end of the hearing; in such a case, any appeal period begins with the delivery.

3. The decision shall typically be delivered to the parties within 30 days from the issuance; the date of delivery must be noted on the decision.

1. If service to a party is not possible, the decision can be communicated through publication in the official gazette and, at the discretion of the authority, also in other newspapers.

2. This form of communication is also permissible in cases involving a large number of parties, which cannot be fully identified without disproportionate effort.

1. No disadvantage shall arise to the parties from a defective service.

1. By the objection, the administrative authority is obliged to review applications, plans, projects, and the like, which are to be made publicly available, based on the arguments of the objecting persons, and to address them in a first-instance decision.

2. By the objection, a violation of public law provisions can be claimed. The administrative authority refers the objecting persons with their civil law claims to the civil judge.

3. The admissibility of the objection is determined according to the legislation.

1. The objection procedure follows, subject to different regulations in the special legislation, mutatis mutandis according to Art. 70, 73-75, and 79.

2. The objection must be delivered to the applicant for their response no later than after the expiry of the publication period.

3. The administrative authority generally attempts to reach an amicable settlement.

1. Anyone whose rights and obligations are affected by a real act and who has a legitimate interest in a decision can request that the acting authority

1. refrain from, cease, or revoke the unlawful action;

2. eliminate the consequences of unlawful actions;

3. ascertain the unlawfulness of actions.

2. The authority issues a decision.

1. The objection pursuant to this law obligates the administrative authority to review its contested decision based on the party's submissions and to issue another decision on the same matter; the administrative authority's power of review is not restricted.

1. The Admissibility of an Objection is Determined by the Legislation.

1. The appellate authority may amend the contested decision in favor of the appellant.

2. The authority may amend the contested decision to the detriment of the appellant insofar as it violates federal, cantonal, or municipal law, or is based on an incorrect or incomplete determination of the facts; if the authority intends to amend the contested decision to the detriment of the appellant, it shall inform the appellant of this intention and provide an opportunity for response.

1. The objection procedure is, subject to differing provisions, governed mutatis mutandis by Articles 70-75 as well as Article 79.

2. Upon request of the objector, the authority shall conduct an objection hearing.

1. If the construction or alteration of a building or facility requires decisions from multiple authorities, a leading authority ensures coordination in accordance with Article 25a of the RPG (Swiss Spatial Planning Act).

2. The provisions for coordinating building law procedures are applicable mutatis mutandis to land use planning.

1. The authority that issues the decision on the main matter is considered the lead authority.

2. If a decision of the government council is required, it is considered the lead authority; subject to paragraph 3.

3. The cantonal authority responsible for the approval of the first-instance decision cannot generally be the lead authority.

4. The determination of the lead authority takes place at the beginning of the procedure. The issuing authorities must confer with each other; in case of dispute, the directorate responsible for cantonal construction coordination determines the lead authority.

1. The lead authority is particularly responsible for ensuring the joint public disclosure of the application documents as well as the joint issuance of all decisions.

2. If different deadlines apply to the coordinated public disclosure with the possibility of objections, the longer deadline is applicable. If federal law prescribes a mandatory deadline, this federal deadline is decisive.

3. If approval by the canton is required, the joint issuance of the decisions occurs before the initiation of the approval procedure. The approval authority is exceptionally responsible for the issuance if further decisions requiring coordination need to be issued with the approval decision.

1. All decisions that are jointly issued are subject to appeal before the same authority; the appellate authority is

1. the Administrative Court, if a decision of the Government Council is issued;

2. the cantonal approval authority, if approval of the first-instance decisions is required and these are issued before the approval procedure;

3. the Government Council in all other cases.

2. If different appeal deadlines apply to jointly issued decisions, the longer period shall apply. If federal law prescribes a mandatory appeal deadline, this federal deadline is decisive.

1. The administrative authority that made the decision may, considering the principles of good faith, change or revoke a decision ex officio for important reasons at any time, unless specific provisions exclude or restrict this; important reasons exist in particular

1. if the decision has a serious defect;

2. if important public interests are to be preserved, which cannot be safeguarded otherwise by the authority.

2. The decision can be changed or revoked even if it has become legally binding.

1. The party may submit a request for reconsideration to the authority within 4 months from the delivery of the decision; this is not a legal remedy.

2. The authority is not obligated to consider the request for reconsideration, unless the applicant can present new and significant facts or evidence that were not previously available to them or that they did not know despite exercising due diligence, or if the circumstances have significantly changed.

1. The authority shall clarify or supplement its decision at the request of a party if it is incomplete or unclear, contains contradictions, or does not correspond with the reasoning.

2. If a decision is clarified or supplemented, any applicable period for appeal begins anew.

1. The authority may correct at any time clerical errors, calculation errors, or other oversights that do not have a significant impact on the ruling or the content of the reasoning.

1. An appeal is generally only admissible against a final decision.

2. Procedural orders and other interim decisions can independently be contested with an appeal admissible against the final decision if they can cause irreparable harm.

3. Interim decisions that are considered independently appealable include, in particular, decisions on

1. Jurisdiction;

2. Recusal;

3. Suspension, severance, or consolidation of proceedings;

4. Rejection of evidence proposals;

5. Rejection of a request by a party or a third party for joinder;

6. Provisional measures;

7. Revocation of the suspensive effect;

8. Right to be heard;

9. Denial of free legal aid.

1. Denial of justice or undue delay in legal proceedings can be challenged with the legal remedy admissible against the decision.

2. If the appellate instance upholds the legal remedy, it instructs the competent authority to issue a decision within a reasonable period.

1. Entitlement to File an Appeal

1. Entitled to file an appeal is anyone who

1. participated in the proceedings before the lower court or did not have the opportunity to participate;

2. is particularly affected by the contested decision; and

3. has a legitimate interest in the annulment or amendment of the decision.

2. Furthermore, persons, organizations, and authorities to whom legislation grants this right are entitled to file an appeal.

1. The appeal must be submitted within 20 days after the decision is announced; special provisions remain reserved.

2. A complaint can be filed at any time against the refusal or delay of a decision.

1. Administrative appeals and administrative court appeals have, subject to different provisions, a suspensive effect.

2. The appellate authority or its chairman may, ex officio or upon application by a party, grant or revoke the suspensive effect.

3. In order to maintain the existing condition or temporarily secure threatened interests, provisional measures may, if necessary, be taken immediately without hearing the opposing party.

1. The notice of appeal must be submitted in a sufficient number for the appellate instance and all opposing parties, but at least in duplicate.

2. The authority shall prepare missing copies at the expense of the party.

1. The notice of appeal must include

1. precise identification of the parties and their representatives;

2. legal claim; it must be specified what modification of the contested decision is being requested;

3. grounds and a concise presentation of the facts of the case;

4. any possible motions for evidence;

5. date and signature of the party or the representative.

2. The contested decision with the delivery envelope, the available evidentiary documents, and any possible power of attorney must be attached.

1. If the legal document suffers from a defect or is illegible, improper, incomprehensible, verbose, or drafted in a foreign language, it will be returned for improvement or translation within a set reasonable deadline, with the warning that the matter will not be considered and will be removed from the record at the expense of the concerned party.

1. If the appeal is not immediately declared inadmissible or dismissed, the submissions from the opposing party and the lower court must be obtained.

2. The submissions must be submitted within 20 days after notification.

3. This period may be shortened in particularly urgent cases or, if a request is made before the deadline and a sufficient reason is credibly demonstrated, extended to a maximum of 40 days.

1. The reply must be submitted within 20 days from the service of the statement of defense.

2. The rejoinder must be submitted within 20 days from the service of the reply.

3. This deadline may be shortened in particularly urgent cases.

1. Articles 73-75 shall apply mutatis mutandis.

2. The legal documents must be served to the parties.

1. The lower instance cannot alter or revoke its decision during the appeal proceedings; however, the acknowledgment of legal claims remains permissible.

2. During the appeal proceedings, the party may not initiate a new procedure in the same matter, subject to paragraph 3.

3. If the party files a request for reconsideration according to Article 66 during the appeal proceedings, it must inform the appellate authority immediately; the appeal proceedings shall be suspended ex officio until the conclusion of the reconsideration proceedings.

1. The appeal may be withdrawn until the decision of the appellate authority; any differing provisions shall remain reserved.

1. The administrative appeal is the written challenge of a decision made by a lower administrative authority to the higher administrative authority.

2. The higher administrative authority is obliged to review the contested decision, decide the matter, or refer it back to the lower instance for a new decision.

1. First-instance decisions of an administrative authority may be appealed by administrative complaint to the Government Council.

2. Reserved are any differing provisions of the Federation and the Canton.

1. An administrative appeal may be used to challenge all defects of the contested decision and the procedure.

2. The reviewing authority of the appeals instance is not limited unless otherwise specified in the legislation.

1. In the appeal proceedings, the parties and the lower instance may present new facts and introduce new evidence.

2. The parties cannot expand or amend the requests submitted in the lower instance proceedings in terms of their content.

1. Unless the nature of the matter in dispute dictates otherwise, the factual and legal circumstances at the time of the decision are decisive for the assessment of the administrative complaint.

1. Any person who has participated as an administrative authority, member, or official of an administrative authority in a contested decision may not be involved in the preparation or submission of the appeal decision.

1. The appeals instance can amend the contested decision in favor of the appellant.

2. It can amend the contested decision to the detriment of the appellant insofar as it violates federal, cantonal, or communal law or is based on an incorrect or incomplete determination of the facts; if the authority intends to amend the contested decision to the detriment of the appellant, it shall inform him of this intention and grant him an opportunity to comment within a reasonable deadline.

1. The administrative court appeal is the written challenge of a final decision by an administrative authority before the administrative court.

2. The administrative court is obliged to review the challenged decision, decide the matter, or remit it back to the competent authority for a new decision.

1. Final decisions of an administrative authority can be appealed to the Administrative Court by means of an administrative court appeal.

2. Reserved are differing provisions of the federal government and the canton.

1. An administrative court appeal may only address legal violations; an excess or abuse of discretion is considered a legal violation.

1. In the appeal proceedings before the administrative court, the parties and the lower instance may introduce new facts and rely on new evidence.

2. The parties may not expand or substantively alter the motions submitted in the proceedings before the lower instance.

1. To the extent that the nature of the matter in dispute does not dictate otherwise, the assessment of the administrative court appeal is based on the factual and legal circumstances existing at the time of the contested decision.

1. The Administrative Court shall order a party hearing at the request of a party or ex officio if such a hearing appears necessary or appropriate to safeguard the rights of the parties.

1. The administrative court must not exceed the party requests submitted in the matter.

1. The Administrative Court Action is the written petition to the Administrative Court to adjudicate the following disputes

1. Disputes arising from public-law contracts;

2. Public-law disputes between municipalities, institutions, corporations, and other bodies under public law;

3. Disputes concerning financial claims between municipalities, institutions, corporations, and other bodies under public law and their officials;

4. Other disputes for which the legislation provides for administrative court action.

2. It is permissible, provided that the legislation does not prescribe another legal remedy.

3. It is impermissible if the legislation authorizes an authority to issue a decision on such disputes.

1. The plaintiff must inform the defendant of the claims and their justification before the filing of the lawsuit; the defendant should be given a reasonable period to respond.

2. If the notification and response in accordance with paragraph 1 are omitted, the administrative court may take this into account when determining the court costs.

1. The pendency of the case is initiated by the filing of the lawsuit with the administrative court.

2. This particularly results in the interruption of the statute of limitations.

1. The Complaint Must Contain

1. Precise designation of the parties and their representatives;

2. Legal claim;

3. Information concerning the jurisdiction of the administrative court;

4. Reasoning and a concise presentation of the facts of the case;

5. Exchange of documents from the preliminary procedure;

6. Any evidence and motions for evidence;

7. Date and signature of the plaintiff or their representative.

1. The Legal Response Shall Contain

1. Legal Claims;

2. Any Objections to the Procedural Admissibility of the Complaint;

3. Response to the Plaintiff's Statements;

4. Any Evidence and Requests for Evidence;

5. Any Counterclaim;

6. Date and Signature of the Defendant or Their Representative.

1. The defendant party may present counterclaims against the plaintiff party with a counterclaim, which are legally related to the original claim.

2. The counterclaim must be drafted like the original claim and submitted with the response.

3. Regarding the counterclaim, the plaintiff assumes the position of the defendant party, and the provisions set for the legal response apply to them.

4. Both the original claim and the counterclaim should be resolved in a single proceeding; however, the court may, on its own initiative or upon request by a party, refer the counterclaim to a separate proceeding at any stage of the process.

1. The parties may present new facts and evidence until the conclusion of the evidentiary procedure; Article 120 remains reserved.

1. The Administrative Court shall order a party hearing at the request of a party or ex officio if such a hearing appears necessary or appropriate to safeguard the rights of the parties.

1. The amount in dispute shall be determined in accordance with the provisions of the Code of Civil Procedure.

1. The administrative court independently assesses the parties' applications in factual and legal terms.

1. The administrative authority or the administrative court shall revise its decision ex officio or upon the request of a party if it is proven through the course of criminal proceedings that the decision was influenced by a crime or misdemeanor; a conviction by the criminal judge is not necessary; if the criminal proceedings cannot be conducted, the proof may be provided by other means.

2. The administrative authority or the administrative court shall also revise its decision upon request

1. if significant facts or decisive evidence are presented after the fact that arose before the contested decision;

2. if it failed to consider facts that should have been derived from official records;

3. if the decision was made in violation of the provisions regarding disqualification or the right to be heard.

3. The revision of a decision can no longer be demanded based on the reasons in paragraph 2 if these reasons could have been asserted within the ordinary proceedings or through an appeal.

1. The authority that issued the contested decision shall decide on the appeal for revision.

1. The application for review must specify, in particular, the grounds for review and the evidence.

1. The petition for revision must be submitted in writing within 90 days of the discovery of the ground for revision; after a period of ten years from the delivery of the decision, a revision can only be requested if the issuance of the contested decision was influenced by a crime or misdemeanor.

1. If the conditions for a revision are met, the appellate instance shall annul the contested decision and generally decide the matter itself.

2. The same legal remedies available against the first decision are available against the new decision.

1. Supervisory Complaint may be filed due to

1. Abuse of official authority;

2. Arbitrary exercise of official powers.

2. It is permissible provided that the legislation does not provide for any legal remedy.

1. The supervisory complaint must be submitted to the supervisory authority.

2. If the supervisory complaint is directed against a member of a collegiate authority, the latter is responsible for handling it.

3. Supervisory complaints against the supreme administrative authority of a cantonal institution are decided by the cantonal council.

1. If the supervisory complaint is directed against a specific action, it must be filed within 20 days from the notification or the date of awareness; in all other cases, it must be filed within a reasonable period.

1. The receipt of the supervisory complaint must be confirmed in writing.

2. The supervisory authority handles the supervisory complaint in an informal and swift procedure.

3. The supervisory complaint does not confer party rights nor the right to a decision.

1. The supervisory authority shall take the necessary measures.

2. The manner of resolution shall be communicated to the appellant.

1. The costs of the administrative procedure include the official costs (fees and expenses) as well as party compensation.

1. The assessment of official costs in first-instance administrative proceedings, including objection and appeal procedures, is governed by fee legislation.

2. In internal administrative appeal proceedings, the assessment of official costs, subject to cost-bearing, is governed by fee legislation. The determination of party compensation is governed by the legislation on legal costs.

3. The determination of official costs as well as party compensation in proceedings before the administrative court is governed by the legislation on legal costs.

1. In the initial administrative procedure and in the internal administrative appeal procedure, an advance payment of costs is to be made in accordance with Article 17 of the Fees Act.

2. In the administrative court and constitutional court procedures, the appellant or plaintiff party must provide an appropriate advance payment for the official costs. The opposing party may be required to make an advance payment if it appears warranted due to the evidentiary requests.

3. The procedural management determines the amount of the advance payment for costs.

1. The party filing a complaint or lawsuit shall provide security for the opposing party's legal costs, upon the request of the opposing party, if the party filing

1. does not have a domicile or registered office in Switzerland;

2. appears insolvent, particularly if bankruptcy proceedings have been initiated against them, a composition agreement is in progress, or certificates of loss exist;

3. owes court costs from previous proceedings; or

4. other reasons exist that pose a significant threat to the legal costs of the opposing party.

2. International treaty provisions remain reserved.

1. The court sets a deadline for the payment of the advance on costs and the provision of security.

2. The court may order provisional measures even before the security is provided.

3. If the advance on costs or the security is not provided within a brief grace period, the court will not proceed with the appeal or the claim.

1. Costs incurred by a party due to wrongful conduct during the proceedings or the late submission of facts or evidence shall, in all cases, be borne by that party.

1. No official costs shall be levied by public bodies, except in cases involving pecuniary interests.

2. The cantonal legal remedies instances may impose official costs on municipalities and other subordinate public bodies to the canton, if their authorities are charged with gross procedural defects or manifest legal violations.

1. The party shall bear the official costs in the appellate proceedings if it is unsuccessful, if its appeal is not admitted, or if it has withdrawn the appeal.

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

1. In the first-instance administrative procedure, no party compensation is awarded, unless otherwise provided. In objection proceedings, the losing objectors must pay the prevailing applicants a reasonable party compensation if the objection was obviously abusive.

2. In appellate proceedings, a reasonable compensation shall be awarded to the party who prevails in whole or in part, to be borne by the losing party.

3. If private parties oppose each other in appellate proceedings, the losing private party shall usually bear the party compensation. The public entity must bear a reasonable portion of the party compensation if it is responsible for gross procedural errors or apparent legal violations.

4. Generally, no party compensation is awarded to public entities involved in the proceedings.

1. An individual has the right to free legal aid if

1. they lack the necessary financial resources; and

2. their legal claim does not appear to be without merit.

1. Legal Aid Comprises

1. the exemption from advance payments and security deposits;

2. the exemption from official costs;

3. the appointment of legal counsel if necessary to safeguard rights, particularly when the opposing party is represented by an attorney; the legal counsel may be appointed even for the preparation of the appeals procedure.

2. It can be granted in whole or in part.

3. It does not exempt from the payment of a party compensation to the opposing party.

1. The application for legal aid may be submitted before or after the commencement of legal proceedings.

2. The applicant must disclose their income and financial circumstances and state their case and any evidence they intend to present. The applicant may specify the desired legal representative in the application.

3. The chairperson of the appellate body decides on the application in a summary procedure in accordance with the Code of Civil Procedure (ZPO). The opposing party may be heard. The opposing party must always be heard if the legal aid is to include providing security for party compensation.

4. Legal aid may exceptionally be granted retroactively.

5. If the legal dispute is taken to a higher court, a new application for legal aid must be submitted.

6. Except in cases of bad faith or frivolous litigation, no court costs are charged in the procedure for legal aid.

1. The presiding judge of the appellate court revokes legal aid if the entitlement to it no longer exists or never existed.

1. If free legal aid is wholly or partially denied or withdrawn, the decision may be contested by filing an appeal.

1. If the party litigating without charge is unsuccessful, the procedural costs are imposed as follows

1. the gratuitous legal counsel is reasonably compensated by the canton;

2. the official costs are borne by the canton;

3. the opposing party is reimbursed for the advances it has made;

4. the party litigating without charge must pay the opposing party's costs.

2. If the party litigating without charge is successful and the compensation for the party is not or is likely not recoverable from the opposing party, the gratuitous legal counsel is reasonably compensated by the canton. Upon payment, the claim is transferred to the canton.

3. In appellate proceedings before a municipal authority, the municipality takes the place of the canton.

1. A party that has been granted legal aid is obliged to make a repayment as soon as they are able to do so.

2. The claim of the canton is subject to a statute of limitations of ten years after the conclusion of the proceedings.

1. Decisions are enforceable as soon as no ordinary legal remedy is permissible anymore or if the legal remedy does not have suspensive effect.

2. The authority may, particularly if there is imminent danger, order enforceability even before the decision becomes final.

1. The enforcement of decisions is the responsibility of the first-instance administrative authority, subject to any different provisions and orders.

2. The official costs of an appeal procedure are imposed by the relevant appellate instance.

1. Decisions that create an obligation for monetary payment or security provision shall be enforced in the event of default by the obligated party in accordance with the provisions of the Federal Act on Debt Collection and Bankruptcy; they are equivalent to enforceable judgments pursuant to Article 80 of this Federal Act once they have become legally binding.

1. If the decision is aimed at taking an action, tolerating, or abstaining from an action, the following enforcement measures can be taken

1. Initiation of criminal prosecution for disobedience pursuant to Article 292 of the Swiss Criminal Code;

2. Substitute performance;

3. Police assistance.

1. Before the competent authority resorts to an enforcement measure, it must be threatened to the obligated party, allowing a reasonable period for compliance.

2. In the case of substitute performance or the use of police, the warning and setting of a deadline can be omitted if there is an imminent danger.

1. The Execution by Substitution is carried out by the competent authority, which either establishes the state ordered by the decision at the expense of the obligor through its own organs or has it established by third parties.

2. The costs arising from the Execution by Substitution, which the obligor must pay, are to be determined by a special decision.

1. The competent authority may request the necessary police assistance from the police directorate.

2. The police directorate shall verify whether the decision has been properly issued and is enforceable.

1. Judgments of the Administrative Court pursuant to Article 95 and the following are enforced in accordance with the provisions of the Code of Civil Procedure.

1. The executive council shall decide on the enforcement of decisions by administrative authorities and administrative courts from other cantons that impose obligations on conduct.

2. It may deny enforcement if there is no reciprocal treatment.

3. Concordats or international treaties remain reserved.

1. For the proceedings pending at the time of the entry into force of this regulation, the previous provisions shall apply.

2. Appeals pending at the time of the entry into force of this regulation shall be concluded in accordance with the provisions of this regulation.

3. Insofar as the legislation provides for an appeal as a legal remedy, the provisions concerning administrative appeals and appeals to the administrative court shall apply mutatis mutandis.

1. §§ 6 para. 2, 25, 27, and 94-112 of the Ordinance of April 21, 1978, concerning the Organization and Management of the Executive Council and the Cantonal Administration (Executive Council Ordinance) are repealed.

2. The Executive Council Ordinance is amended as follows: ...

1. Section 7, Paragraph 2 of the Introductory Ordinance of December 16, 1983, regarding Federal Legislation on Accident Insurance is repealed.

2. Section 7, Paragraph 2 is amended to read: ...

1. Section 5 of the Ordinance of April 8, 1972, on the Contractual Representation of Parties before the Courts (Attorney Ordinance) is repealed.

2. The Attorney Ordinance is amended as follows: ...

1. Section 4 of the Enforcement Regulation to the Public Authentication Act (Authentication Regulation) is repealed.

2. The Authentication Regulation is amended to read: ...

1. Sections 9 and 10 of the Introductory Ordinance of December 22, 1962, to the Federal Act on Investment Credits and Operational Assistance in Agriculture are repealed.

2. The Introductory Ordinance to the Federal Act on Investment Credits and Operational Assistance in Agriculture is amended as follows: ...

1. Objection, appeal, and legal remedy procedures pending at the time this law comes into force are to be concluded by the authority competent under the former law and according to the previous procedural regulations.

2. Appeals against administrative complaint decisions by municipal authorities under the former law must be submitted to the Government Council.

3. Appeals against administrative complaint decisions by cantonal authorities under the former law must be submitted to the Administrative Court.

4. In cases of ongoing appeal deadlines, paragraphs 2 and 3 shall apply; appeals must be referred to the competent authority.

1. In paragraphs 3, 61, and 141, the term "Verordnung" is replaced with the term "Gesetz"; the grammatical changes directly associated with the change of terms are to be made.

2. The paragraphs are newly designated as articles.

3. Paragraph 2a becomes Article 2.

1. This law is subject to an optional referendum; it is to be published in the Official Gazette.

2. It shall enter into force in accordance with Article 46 of the Organizational Law and is to be included in the compilation of laws.