Act on Judicial Protection in Administrative Matters (Verwaltungsrechtspflegegesetz) - I. Principle

1. This law applies to the procedure before administrative authorities and to legal protection in administrative matters, insofar as it is not subject to specific provisions of other laws.

1. Administrative matters are those issues that are to be handled and decided by the competent administrative and administrative court authorities in application of cantonal or federal public law.

1. Authorities as referred to in § 2 are

a) the administrative authorities of the canton and the municipalities;

b) the cantonal assessment commission, the administrative court, the insurance court, the cantonal tax court[1], and other administrative judicial authorities designated by legislation.

2. If individual officials, employees, or offices are authorized to make decisions, they are considered an authority.

1. This law shall apply mutatis mutandis to other corporations and institutions of cantonal public law, to agents and experts of authorities, as well as to private individuals and private law organizations that perform public tasks.

1. Administrative and Administrative Court authorities act within the scope of their jurisdiction. They examine it ex officio.

1. If an authority deems itself not competent in an administrative matter, it shall transfer the matter to the competent authority, possibly after prior consultation with the agencies concerned.

1. Jurisdictional conflicts between administrative authorities are decided by the supervisory authorities.

2. Regarding jurisdictional conflicts between administrative and judicial authorities, the government council and the administrative court shall conduct an exchange of opinions. If no agreement is reached, the cantonal council decides.

3. If there is a dispute over jurisdiction between administrative judicial authorities on the one hand and the other courts of the canton on the other hand, or between administrative judicial authorities, the full superior court shall decide.

1. The grounds for disqualification and recusal under the Law on Judicial Organization also apply to administrative procedures and proceedings before administrative judicial authorities.

2. The disqualification provisions of the Municipal Law and the Law on the Organization of the Government Council and Administration are reserved.

1. The language of the proceedings is German.

1. Time limits specified in days or other units of time begin on the day following their commencement or the triggering event. All time limits expire at midnight on the last day. If the last day of the time limit falls on a Saturday, Sunday, or a public holiday recognized by federal or cantonal law, it shall expire on the next business day. The following are considered public holidays recognized by cantonal law for the purpose of determining deadlines: New Year's Day, January 2nd, Good Friday, Easter Monday, Ascension Day, Whit Monday, May 1st, Corpus Christi, Assumption Day, All Saints' Day, December 25th and 26th.

2. A deadline is considered met if the submission is filed with the authority or handed over to the Swiss Post for delivery to the authority by the last day of the deadline. If a submission is made within the deadline to an incompetent administrative or judicial authority of Solothurn, the deadline shall also be considered met.

1. Officially set deadlines may be extended for sufficient reasons, provided that a request is made before their expiration.

1bis. The same deadline may only be extended more than once in exceptional cases.

2. If the extension is denied, a short additional deadline must be set.

1. A missed deadline can be reinstated upon request if the applicant or their representative was prevented from acting within the deadline through no fault of their own.

2. The request for reinstatement must be submitted in writing with reasons within ten days of the removal of the obstacle. Within the same period, the missed legal action must also be completed.

1. Administrative and administrative court authorities are obligated to provide mutual legal assistance.

2. The granting of information from tax files is determined by tax and financial equalization legislation.

3. Special provisions concerning the duty to provide information and notification, as well as statements before the court, remain reserved.

4. In cases of disputes regarding legal assistance, § 7 applies accordingly.

1. In administrative and administrative court proceedings, a party is anyone who may be affected by an order or decision to be issued. The status as a party in administrative court litigation is reserved.

1. Entitlement to Administrative and Administrative Court Appeal is granted to anyone who is particularly affected by a decree or decision and has a legitimate interest in its annulment or amendment.

2. Municipalities are entitled to appeal if they are particularly affected by a decree or decision and have a legitimate municipal interest in its annulment or amendment.

3. Special provisions concerning standing are reserved.

1. The parties involved in an administrative or administrative court procedure may be represented, unless personal appearance is required.

2. For the representation of municipalities, the municipal council is authorized; it may delegate this authority generally or in individual cases to another municipal body. Municipalities may prescribe a different order in the municipal code or in a generally binding regulation.

3. For the representation of other public law entities, the executive body is authorized.

4. The power of representation must be demonstrated by written authorization. Lawyers registered in the cantonal lawyer's register and legal representatives do not require proof of authorization. The authority is entitled to request written authorization.

5. Registrars and secretaries of special administrative courts, as well as their deputies, are not admitted as party representatives in procedures within the jurisdiction of the court to which they belong.

1. If more than ten parties appear in a case with collective or individual submissions to represent the same interests, the authority may require them to appoint one or more representatives for the proceedings.

2. If they do not comply with this requirement within a reasonable period, the authority shall appoint one or more representatives.

3. Decisions made pursuant to paragraphs 1 and 2 are not independently contestable.

4. The authority shall determine the compensation for the mandatory representatives at its discretion. Reimbursed will be the proven expenses and, for those professionally representing parties in court, the necessary workload. The compensation and any additional costs of the mandatory representation are allocated according to the rules on procedural costs (§ 37 Abs. 2). This also applies to the administrative procedure at the first instance. The public entity to which the authority belongs pays the compensation to the mandatory representatives.

1. Certificates of finality are issued by the authority that made the order or decision.

1. Generally, no records of evidence collection need to be maintained if the legally significant facts are incorporated into the reasoning of the decision. However, the taking of witness testimony and the oral submission of expert reports must be recorded. Exceptions are reserved for special legislation and § 21bis.

1. Administrative authorities act ex officio within the scope of their official duty. They independently undertake the necessary investigations to clarify the facts of the case and apply the law ex officio.

1. The administrative authorities are authorized to question involved parties and informants, consult documents, conduct inspections, and obtain expert opinions and written information in order to ascertain the facts of the case.

1. If the facts of a case cannot be sufficiently clarified in another way, the departments and the chief administrative officers have the right to conduct witness examinations. Section 18 remains reserved.

2. The examination shall be conducted by an employee of the departments or by the head of the chief administrative office, with the involvement of a recorder, in accordance with the provisions of the Swiss Code of Civil Procedure regarding witness testimony.

1. For the procedure of taking evidence and preliminary evidence preservation, in particular the duty to testify, the right to refuse to testify, the production of documents, the inspection, the experts, and the sanctions for non-compliance with obligations in the evidence procedure, the corresponding provisions of the Swiss Code of Civil Procedure shall apply accordingly.

2. Appeals against criminal sanctions can be lodged with the Administrative Court.

1. The evidentiary provisions of the tax legislation and the Liability Act remain reserved.

1. The authority orders or decides on the administrative matter with which it is concerned.

2. Orders and decisions must be designated as such and issued through the prescribed procedure.

1. Orders and Decisions are directives issued by authorities in individual cases, based on the public law of the canton or the federal government, and have as their subject

a) Establishment, modification, or annulment of rights and obligations;

b) Determination of the existence, nonexistence, or extent of rights or obligations;

c) Rejection of requests for the establishment, modification, annulment, or determination of rights or obligations, or non-consideration of such requests.

1. Orders and decisions must be communicated to the parties in writing, justified as far as necessary or required by law, and accompanied by instructions on legal remedies.

2. In urgent cases, the communication may be made orally; it must be confirmed in writing without delay.

2bis. The authority may instruct parties residing or established abroad to designate a delivery address in Switzerland.

3. If delivery of the order or decision is not possible or if a party has not designated a delivery address in Switzerland contrary to the authority's instruction pursuant to paragraph 2bis, the order or decision may be officially published; Article 141 of the Swiss Code of Civil Procedure (ZPO) applies mutatis mutandis.

1. The requirement for providing reasons for orders and decisions can be waived if

a) uncontested requests are fully granted;

b) the announcement is made through an official publication;

c) the parties and other involved participants in the procedure are notified that they can request a written statement of reasons within ten days from the delivery of the operative part. The period for filing an appeal begins to run anew with the delivery of the statement of reasons.

1. Service of orders and decisions, for which proof of service is required, is generally carried out by registered mail or in another manner against receipt confirmation.

2. The Executive Council may provide exceptions by regulation and specify the details, particularly the conditions under which a form of service is permissible.

1. **Modifications and Revocations**: Orders and decisions can be modified or revoked by the competent authority or the supervisory authority if circumstances have changed or if, for reasons of reconsideration, overriding interests require it.

2. Exceptions are orders and decisions that cannot be revoked or can only be revoked under more stringent conditions according to special regulations or due to the nature of the matter.

3. If the revocation results in damage to the person entitled by an order or decision, they are entitled to compensation, provided that they have made expenditures in good faith based on the order or decision and did not cause the revocation.

4. The relevant provisions of the Liability Act are applicable for asserting and the limitation period of compensation claims.

1. The parties shall be heard before the issuance of an order or decision; they have the right to express their views on the matter in writing and to participate in the taking of evidence.

2. The prior hearing may be dispensed with in cases of urgency; it should be conducted as soon as possible thereafter.

3. In non-contentious cases and in proceedings for the determination of ancillary taxes, it may be completely dispensed with.

1. The parties have the right to inspect the files.

2. Inspection may be denied if there are important public or legitimate private interests to be protected. The relevant documents must be designated as confidential. If the disposition, decision, or reasoning refers to these documents, the party denied access must be informed of the essential content of the document either orally or in writing in advance and given the opportunity to present counter-evidence.

3. In the procurement procedure under the Public Procurement Act, file inspection cannot be requested.

1. If the right to be heard is denied, an independent complaint can be filed against it.

2. If the complaint is upheld and a party has suffered damage as a result of the denial, they are entitled to appropriate compensation.

1. The parties are obliged to cooperate in establishing the facts of the case, insofar as this is necessary and reasonable.

2. If the personal appearance of a party is indispensable, they shall be summoned in writing. In the event of refusal, police escort may be ordered.

1. The parties have the right to submit further evidence requests beyond those ordered by the authority itself.

2. If these are rejected, they may be renewed in the appeal proceedings.

1. Upon written application by a party, an order or decision may be reconsidered by the authority that issued the final legally binding order or decision, provided that new substantial facts or evidence are available or asserted.

2. An appeal may be lodged against the decision of non-admission.

3. The special provisions of tax and fiscal equalization legislation remain reserved.

1. Any person with a legitimate interest may request from the authority responsible for actions based on public law that affect rights or obligations, to

a) refrain from, cease, or revoke unlawful actions;

b) rectify the consequences of unlawful actions;

c) determine the unlawfulness of actions.

2. The authority shall issue an order or a decision.

1. Orders and decisions may be appealed to the next higher administrative authority up to the competent department and thereafter to the Administrative Court, unless another legal remedy, particularly an appeal to the Government Council, is permissible.

1. An appeal may invoke procedural errors of any kind, incorrect or incomplete determination of facts, unreasonableness, incorrect application of the law, denial of the right to be heard, and other circumstances that appear likely to justify the annulment or alteration of the contested order or decision, or the issuance of an administrative act.

2. The plea of unreasonableness is inadmissible in final-instance orders or decisions issued by municipalities within the scope of municipal autonomy. However, complaints against disciplinary measures may in all cases also invoke unreasonableness.

1. No new claims may be submitted with the complaint. However, new factual allegations and the designation of new evidence are permitted until the conclusion of the evidence procedure, as long as they are related to the subject matter of the dispute.

2. The authority imposes the additional costs arising from delayed submissions on the party that introduces them late, if that party is at fault.

1. Appeals in administrative matters of any kind must be submitted to the higher authority within 10 days from the notification of the contested order or decision. The special appeal periods provided for in the tax legislation are reserved.

2. If orders or decisions have not been notified, the appeal period begins from the time the party became aware of them.

3. If the issuance of an order or decision is refused or unduly delayed, a complaint for denial of justice or delay of justice may be lodged at any time.

1. The appeal must be submitted in writing to the appellate authority. It should contain a request and a reasoning.

2. If the appeal letter does not meet the requirements, a reasonable period must be set for improvement, with the threat of dismissal in case of non-compliance.

3. ...

1. If the complaint does not appear to be inadmissible or unfounded from the outset, it shall be forwarded to the lower instance and any other parties potentially affected by the complaint request for their response.

2. If necessary, an additional exchange of written submissions may be ordered.

3. With the response, the lower instance must submit the files.

1. Contested orders and decisions may be withdrawn by the lower instance until their statement is issued.

2. The lower instance shall, without delay, notify the parties and other participants in the proceedings of a new order or decision, and shall inform the appellate instance accordingly.

3. The appellate instance shall continue to handle the appeal to the extent that it has not become moot due to the new order or decision of the lower instance.

1. Administrative authorities are not bound by the requests of the appeal. The contested order or decision may only be altered to the detriment of the parties involved insofar as the requests of the appeal demand it or if the conditions under § 22 (Amendment and Revocation) are met.

1bis. Unless otherwise provided by legislation or by the nature of the dispute, the factual and legal circumstances at the time of the appeal decision are decisive.

2. The special provisions of tax legislation remain reserved.

1. The appeal has a suspensive effect.

2. For important reasons, particularly in cases of urgency, the issuing or deciding authority may enforce the order or decision immediately.

3. If an appeal is filed, the appellate authority, or in the case of collegial bodies, its chairperson, shall decide on the suspensive effect under the same conditions.

4. After the submission of the appeal, the appellate authority may, ex officio or upon request, order other provisional measures to temporarily maintain the actual or legal situation unchanged. If provisional measures might cause significant harm, the party requesting them may be required, under the threat of non-admission, to provide securities within a reasonable period.

1. In the appeal proceedings before the Government Council, the instructing department submits a motion to the Government Council. It exercises the powers vested in the Government Council as the appellate instance until a decision is reached. This department dismisses the proceedings if the appeal is withdrawn, acknowledged by the opposing party, settled by compromise, or becomes moot. It orders non-admission due to non-payment of the advance on costs, non-compliance with the appeal deadline, or lack of appeal reasoning. In these cases, it decides on costs and party compensation.

2. The Government Council adjudicates appeals against orders of the instructing department according to paragraph 1.

1. Unless otherwise stipulated, the administrative procedure at first instance is free of charge.

2. The principles of the administrative court procedure apply analogously to the appeal procedure. Authorities involved in the procedure are generally not imposed with procedural costs.

3. ...

4. The cantonal fee schedule and the fee schedules of the municipalities apply to the fee rates.

1. An advance payment can be demanded for taking evidence measures. If it is not provided, the measures are only to be carried out to the extent that public interest requires it.

2. In appeal proceedings, an advance or security for procedural costs may be required, with the threat of dismissal if not provided. If the required advance or security is not provided or not provided in a timely manner, the appeal will not be considered.

3. The specific provisions of tax legislation remain reserved.

1. In the appeals procedure before municipal councils, departments, and the government council, party compensations may be awarded, for which § 76bis paragraph 3 of this law and § 161 of the Fee Tariff (FT) of March 8, 2016, are applicable mutatis mutandis. Authorities involved in the procedure are generally neither awarded nor charged party compensations.

1. Multiple Parties on One Side (Joint Litigants) are jointly and severally liable for the costs and party compensation imposed on them together, sharing them equally unless otherwise specified in the order or decision.

1. The Government Council may regulate electronic legal communication between administrative authorities and parties in an ordinance. In particular, it may issue provisions regarding the requirements for legal documents, notifications, compliance with deadlines, and liability in electronic legal communication.

1. The provisions of § 76 apply mutatis mutandis to legal aid and free legal representation. The resulting costs are generally borne by the canton if incurred in proceedings before the cantonal administrative authorities, and by the respective municipality if incurred in proceedings before the municipal administrative authorities.

1. The Administrative Jurisdiction is exercised by

a) the Cantonal Assessment Commission;

b) the Administrative Court;

c) the Insurance Court;

d) the Cantonal Tax Court;

e) ...

f) other administrative judicial authorities designated by legislation.

2. Composition and election are governed by the law on the organization of courts and by special legislation.

1. The jurisdiction of the administrative court authorities is determined by the Court Organization Act and by the special legislation.

1. The proceedings before the administrative judicial authorities, except before the Cantonal Tax Court, are public; the deliberations are secret.

2. The administrative judicial authorities may order that proceedings be held in camera if it appears necessary for reasons of public order, morality, or the protection of personal rights.

1. In order to validly deliberate and confer, the courts must be complete.

2. Special legislation remains reserved.

1. Permissible claims and appeals must be submitted to the competent administrative court authority.

2. When issuing orders, decisions, and judgments that can be appealed to an administrative court authority, there must be an indication of the available appeal, the time limit for appeal, and the competent authority.

1. The competent presidents or a member of the court appointed by them shall conduct an investigative procedure as necessary.

1. Administrative court authorities are not bound by the evidence requests of the parties. They may order the gathering of evidence ex officio.

2. New factual assertions and the designation of new evidence are permitted, as long as they are related to the subject matter of the dispute, up until the conclusion of the evidentiary procedure. Section 31b paragraph 2 applies mutatis mutandis.

1. Evidence is provided by witnesses, documents, visual inspection, expert opinions, party examination, written information, and informants.

1. The administrative court authorities, as well as the investigative judges, may conduct precautionary evidence collection and evidence preservation either on their own initiative or at the request of a party.

1. Evidence may be taken by the court, a delegation of the court, or by the investigating judge. It is taken by the court itself, insofar as this is expressly required by higher law or by a party.

1. The party interrogation, the duty to present documents, the duty to cooperate, the right to refuse, the conduct of the witness examination, the inspection, the expert evidence, and the obtaining of written information are governed mutatis mutandis by the provisions of the Swiss Code of Civil Procedure.

2. The special provisions of this law and the special legislation are reserved.

**1. If parties fail to appear during the instruction, evidence procedure, or main hearing despite being duly summoned, a decision shall be made and ordered based on the records.**

1. Judicial Decisions Shall Be Signed as Follows

a) Final decisions, as well as independently appealable preliminary and interim decisions: by a member of the court and by the court clerk;

b) Other decisions, such as procedural orders: by a member of the court, by a court clerk, or, insofar as provided in the court's rules of procedure, by the registry staff.

1. Unless otherwise specified, the provisions of the Swiss Civil Procedure Code shall apply mutatis mutandis to proceedings before the administrative judicial authorities.

2. The special provisions of the specific legislation remain reserved.

1. The lawsuit may be initiated orally or in writing by naming the opposing party and the subject matter of the dispute.

2. The president or the instructing judge may, at the request of a party or on their own initiative, conduct an attempt at conciliation.

1. An exchange of written pleadings takes place, which is usually limited to the claim and the response. The presiding judge or the instructing judge may, after the submission of the response, allow a reply and rejoinder.

2. The written pleadings must contain a legal request and a justification.

3. ...

1. After the exchange of written submissions, the President or the instructing judge issues the order for evidence with or without a party hearing.

2. ...

1. The main hearing takes place in analogous application of the provisions of the Swiss Civil Procedure Code.

2. Each party is given the floor once to substantiate their motions. Exceptionally, the floor may be granted a second time.

3. The pronouncement of judgment may be postponed after hearing the parties.

4. The decision is usually delivered orally; the reasoned judgment is delivered in writing.

1. If no further evidence needs to be gathered, the administrative court may dispense with holding a hearing unless a party requests it.

1. The judgment must include: the place and time of the hearing, the names of the persons present, the parties' motions, the operative part of the judgment along with the reasoning and the instructions on legal remedies.

1. If a party was unavoidably prevented from attending the main hearing, they may submit a request for reinstatement within 10 days after the obstacle has ceased to exist.

2. The request shall be granted if it can be assumed that the absence of the party influenced the judgment.

1. The appeal is admissible against decisions and orders that have resolved a matter either on the merits or by non-acceptance. Preliminary and interim decisions, which are either prejudicial or significantly disadvantageous to a party, are equivalent to main decisions.

1. The appeal period is 10 days from the notification of the order or decision. Special deadlines under federal law, inter-cantonal law, and cantonal tax legislation remain reserved.

1. An administrative court appeal may be filed on the grounds of

a) Violation of cantonal or federal law; any excess or misuse of discretion is considered a legal violation;

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

2. If the administrative court appeal is directed against orders and decisions of officials or authorities who have issued or decided on the matter as the first and only instance, the claim of undue hardship may also be made, subject to the principles of municipal autonomy.

3. In complaints against municipal non-reappointments, municipal dismissals for important reasons, municipal terminations of definitive employment relationships, terminations of a service relationship during and after the probationary period (§ 18bis paragraph 4 and § 27 Law on State Personnel), immediate terminations of a service relationship for important reasons (§ 28 Law on State Personnel), as well as against decisions of the Cantonal Council and the Legal Examination Commission, undue hardship may not be claimed. Complaints against disciplinary measures, except those decided by the Cantonal Council, may also claim undue hardship.

4. Special provisions in the specific legislation remain reserved.

1. The complaint must be submitted in writing and accompanied by a petition; it must be substantiated; the evidence must be specified.

2. If the complaint does not meet the requirements, a reasonable deadline for improvement shall be set, with the warning of dismissal in case of failure to comply.

3. No new claims may be brought forward with the complaint. However, new factual assertions and the designation of new evidence, if related to the subject matter of the dispute, are allowed until the conclusion of the evidentiary procedure. § 31bis paragraph 2 applies mutatis mutandis.

1. The appeal is submitted to the authority whose decree or decision is being contested for the submission of records and any possible comments. Third parties involved are to be given the opportunity to provide their statements.

1a. § 34a shall apply accordingly.

2. The instructing judge or the administrative court authority may order an additional exchange of written submissions.

3. The appellant must, insofar as necessary, be given the opportunity to submit a written response to new submissions or evidence presented in the statements.

1. An appeal only has suspensive effect if ordered by the President or the instructing judge. In tax proceedings, it has suspensive effect by law. [6]

1. In the case of disciplinary complaints, an oral hearing shall take place. In all other cases, the administrative court authorities shall decide based on the records; they may, upon request or ex officio, order a hearing.

1. If the administrative court authority sets aside the decision or order, it shall decide on the matter itself. Exceptionally, it may remit the matter to the lower instance for a new decision.

2. The contested decision or order may not be amended to the detriment of the appellant. Reserved are the tax legislation and the provisions on child and adult protection in the Introductory Act to the Swiss Civil Code.

1. Appeals against judgments of the administrative courts are permissible on the grounds specified in the Swiss Code of Civil Procedure and within the deadlines mentioned therein.

2. With respect to the judgments of the Cantonal Tax Court, the special provisions of the tax legislation remain reserved.

1. The appeal can be lodged by anyone who is adversely affected by the judgment. The request for appeal must be submitted in writing to the administrative court authority that made the contested decision.

1. Clearly Unfounded Appeals are Decided Based on the Records. Otherwise, the Provisions of the Swiss Code of Civil Procedure Apply.

1. A party that lacks the necessary means to conduct the proceedings may request the granting of legal aid if the proceedings do not appear to be groundless or vexatious. If necessary to safeguard rights, the party may request the appointment of a free legal representative.

2. Legal aid cannot be granted to a legal entity. It is excluded for pre-procedural and extrajudicial expenses, except for the necessary expenses of the legal representative for the application of legal aid and for the concurrently filed legal submission.

3. The application must be submitted in writing and can be filed at any time after the litigation has become pending.

4. Otherwise, the provisions of the Introductory Act to the Swiss Code of Civil Procedure and the provisions of the Swiss Code of Civil Procedure shall apply mutatis mutandis to legal aid and the free legal representative.

1. Legal Costs are

a) the court costs;

b) the party compensation.

2. Court Costs are

a) the flat fees for the decision (decision fee);

b) the costs of evidence;

c) the costs for translation.

3. Party Compensation includes

a) the reimbursement of necessary expenses;

b) the costs of professional representation by a lawyer.

1. An advance payment may be required for evidentiary measures. If it is not provided, the measures are to be carried out only insofar as the public interest necessitates it.

2. The complaining or suing party may be required to make an advance payment up to the estimated court costs, under the threat of dismissal if not complied with. If the payment is not made within the set deadline, the court will not proceed with the complaint or lawsuit.

1. Court costs shall be imposed by analogous application of Articles 106-109 of the Swiss Code of Civil Procedure. Authorities involved in the administrative court appeal proceedings are generally not imposed procedural costs, nor are party compensations awarded.

1. The court costs, party compensation, and the compensation for the pro bono legal counsel shall be determined according to the fee schedule.

1. The claimant party is required to provide security for the legal costs of the defendant party under the conditions set forth in Article 99 of the Swiss Code of Civil Procedure. Article 100 of the Swiss Code of Civil Procedure is applicable.

2. If the security is not provided within the prescribed deadline, the court will not proceed with the claim, provided it has threatened this consequence.

1. For inappropriate conduct before the administrative court authorities, a party involved in the proceedings may be reprimanded or fined in accordance with the analogous application of Article 128 of the Swiss Civil Procedure Code.

1. The cantonal council regulates the procedure before the insurance court in an ordinance.

1. Orders and Decisions in Administrative Matters are enforceable as soon as no ordinary legal remedy is permissible or if no suspensive effect is granted to a legal remedy.

1. The enforcement is carried out by the enforcement authority.

2. The enforcement authority is the head of the locally competent superior office.

1. Orders and decisions that mandate payment of money or the provision of security are equivalent to enforceable court judgments.

1. In all other cases, the execution authority shall issue an execution order. This order prescribes the necessary and appropriate measures to establish the condition according to the disposition and decision. The execution authority is entitled to issue orders with reference to Article 292 of the Swiss Criminal Code, to carry out substitute performance at the debtor's expense, or to employ police force.

2. The execution authority may require the parties requesting execution, with the exception of sovereignly acting administrations of the cantons and municipalities, to advance or secure the costs of the execution procedure. If the required advance or security is not provided, the execution procedure shall be suspended.

3. The costs of the execution procedure are typically borne by the losing party.

1. If the enforcement order requires action from liable parties or third parties, a reasonable period must be granted.

1. If an administrative authority, within the meaning of § 3 paragraph 1 letter a and paragraph 2 of this law, determines a state that is unlawful under the applicable public law, it shall, if it is competent in the matter, order the restoration of the lawful condition at the expense of the culpable or responsible party. Otherwise, it shall report to the competent authority.

1. Appeals against enforcement orders and orders pursuant to §§ 86 and 88 may be submitted to the Administrative Court within ten days from the date of notification. The appeal must be filed in writing; it must contain a request and a justification; the evidence must be specified. If these requirements are not met, the appeal will not be considered.

2. The appeal may be justified on the grounds of lack of jurisdiction of the issuing authority, lack of enforceability, or non-conformity of the enforcement order with the directive.

3. The appeal has a suspensive effect, unless the President or the investigating judge decides otherwise.

1. If substitute performance has been ordered at the expense of the obligated party, the cost orders are equivalent to an enforceable judgment.

2. For the costs of the substitute performance, the enforcing community has a statutory lien pursuant to § 284 of the Act on the Introduction of the Swiss Civil Code.

1. The amendment was incorporated into the respective decree.

1. Upon the commencement of this law, all laws, ordinances, cantonal council resolutions, and other decrees that conflict with it are repealed.

2. In particular, the following are repealed

a) Law of May 31, 1858, on Execution Procedures for Public Services;

b) § 21 of the Law on the Implementation of the Federal Law on Health and Accident Insurance of May 28, 1967;

c) §§ 237 and 238 of the Law on the Implementation of the Swiss Civil Code of April 4, 1954;

d) §§ 77 paragraph 7 and 80 paragraph 3 of the Law on Direct State and Municipal Tax of January 29, 1961;

e) Ordinance of the Cantonal Council of November 29, 1961, on Organization and Procedure before the Cantonal Administrative Court;

f) §§ 60-75 of the Enforcement Ordinance of September 13, 1949, to the Municipal Law;

g) Regulation of the Supreme Court of November 6, 1957, on the Procedure before the Cantonal Estimation Commission and the Supreme Court;

h) §§ 17-19 of the Law of June 20, 1954, on Supply and Detention in Workhouses;

i) Cantonal Council Resolution of November 27, 1917/March 29, 1960, on Organization and Procedure of the Cantonal Insurance Court;

k) Ordinance of the Cantonal Council of November 29, 1949, on Cantonal Legal Procedures in Military Insurance Matters;

l) § 32bis of the Law on Construction of June 10, 1906, as amended on May 24, 1964.

1. Administrative, administrative court, and enforcement procedures initiated before the entry into force of this law shall be concluded according to the provisions of the previous law.

1. The law shall enter into force at the time determined by the government council following approval by the people.

1. Proceedings that are pending at the time of the enactment of this law are generally subject to the new provisions.

2. The new provisions regarding the improvement of the complaint and new submissions do not apply to the appeal proceedings before the appellate authority dealing with the appeal at the time of the enactment of this law. In this respect, the provisions of the old law remain applicable.