Law on Administrative Procedure (LPAmm) (LPAMM)

1 This law applies to administrative law proceedings that can be concluded by decisions of cantonal, communal, patrician, consortium, and parish authorities, of autonomous cantonal and communal entities, as well as of bodies and organizations independent from the cantonal administration that rule in the fulfillment of a public law task entrusted to them by the Canton.

2 Special procedural rules provided for by other laws remain reserved.

3 The provisions of Title II of this law do not apply in the first instance of administrative proceedings which, by their nature, can be concluded without written forms by immediately enforceable decisions.

1 Decisions are measures taken by authorities in individual cases, based on public law, and concerning

a) the creation, modification, or annulment of rights or obligations;

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

c) the rejection or declaration of inadmissibility of applications aimed at the creation, modification, annulment, or ascertainment of rights or obligations.

2 Decisions also include those pertaining to execution, incidental and preliminary decisions, decisions on opposition and complaint, decisions on appeal, and decisions concerning interpretation, rectification, and revision.

1 Parties are those persons whose rights or obligations may be affected by the decision, or other persons, organizations, and authorities entitled to a legal remedy against the decision.

2 Unless explicitly provided by law, the complainant does not have party status.

Jurisdiction is established by law and, subject to contrary provisions, cannot be founded or altered by agreement of the parties.

Before entering into the merits of a request or an appeal, the authority examines *sua sponte* its own jurisdiction.

1 The incompetent authority shall ex officio transmit the files to the competent authority, whether cantonal or federal, and shall notify the applicant or appellant thereof.

2 Deadlines shall be deemed to have been met if they were met with the submissions to the incompetent authority.

3 If competence is doubtful or if several cantonal and federal authorities are seized simultaneously, an exchange of views shall take place before deciding on competence.

1 Conflicts of jurisdiction between the Council of State and the Cantonal Administrative Court shall be decided by the Grand Council.

2 Those between lower cantonal administrative authorities themselves, or between these and communal authorities or similar public bodies, shall be decided by the Council of State.

3 Those between cantonal administrative authorities and authorities of autonomous cantonal institutions or bodies entrusted with public law tasks shall be decided by the Cantonal Administrative Court.

4 Those between civil or criminal judicial authorities and administrative authorities shall be decided by the Court of Appeal.

Claims for damages by private individuals against the Canton, the Communes or other public law entities, against their officials and employees, as well as against holders of public concessions, authorizations and licenses, are assigned to the civil court.

Should preliminary civil or criminal issues arise, the administrative adjudicating authority may suspend its judgment and refer the interested party to the competent judicial forum, assigning them, if necessary, a period within which to initiate legal proceedings.

1 The exhibits must be written in Italian, signed by the parties or their legal representatives, and submitted to the authority or, to its address, to a Swiss post office or a Swiss diplomatic or consular representation.

2 Written submissions may be transmitted to the authority electronically. In this case, the party or its representative must provide the document containing all written submissions with a recognized electronic signature. [1]

3 The State Council regulates the requirements for the electronic submission of exhibits and may limit this possibility to proceedings before specific authorities. [2]

[1] Para. in force since 1.2.2024 - BU 2013, 453 and BU 2024, 1.

[2] Para. in force since 1.2.2024 - BU 2013, 453 and BU 2024, 1.

1 The parties presenting submissions in proceedings must always communicate their domicile or registered office to the authority.

2 The parties may also indicate an electronic address and agree that notifications be made to them electronically. In this case, the Federal Supreme Court may require parties to provide further information. [3]

3 Parties with domicile or registered office abroad must designate an address for service in Switzerland. If they fail to comply with this obligation, notifications intended for them may be made by publication in the Official Gazette.

[3] Para. in force since 1.1.2022 - FF 2013, 453 and FF 2021, 342.

1 Applications or appeals that do not meet the legal requirements, are illegible or inappropriate will be returned to the interested party with an invitation to resubmit them within a peremptory deadline, under penalty that, should this deadline expire fruitlessly, they will be declared inadmissible.

2 Clerical or calculation errors may be rectified at any time.

1 The period of time whose commencement depends on a notification or the occurrence of an event shall begin to run from the following day.

2 A period of time fixed in months or years shall expire on the day corresponding by number to that on which it begins to run. If such a day is missing in the last month, the period shall expire on the last day of that month.

3 If the last day of the period falls on a Saturday, Sunday, or a public holiday officially recognised as such, the expiry of the period shall be postponed to the next working day.

4 When an act is communicated by post, the period shall be deemed to have been observed if the delivery to the post office is made before midnight on the day of expiry.

5 The period for the payment of an advance shall be observed if the amount due is paid promptly to Swiss Post, or debited to a postal or bank account in Switzerland, in favour of the authority.

1 Legal terms are peremptory.

2 Those fixed by the authority may be extended for valid reasons. The application must be submitted before the deadline.

1 Terms that have not been observed can only be reinstated if the party or its representative can demonstrate that they were unable to comply with them due to an impediment for which they are not at fault.

2 The application for reinstatement against the lapse of terms must be submitted to the competent authority within 10 days from the cessation of the impediment.

3 The authority decides without hearing the opposing party.

1 The time limits set by law or fixed by the authorities shall not run

a) from the seventh day preceding Easter to the seventh day following Easter, inclusive;

b) from July 15 to August 15, inclusive;

c) from December 18 to January 2, inclusive.

2 The time limits for appeal and publication shall be extended accordingly.

3 Paragraphs 1 and 2 do not apply in provisional proceedings.

4 Provisions laid down in special laws remain reserved.

1 The authority shall serve documents on the parties and on the authority that rendered judgment, by simple or registered mail.

2 When the authority deems it appropriate or if service by mail has been unsuccessful, service shall be effected by an usher of any authority or by an officer of the cantonal or communal police.

3 Service shall be deemed to have occurred when the mail item is taken into custody by the addressee or by an employee thereof or by a person living in the same household who is at least 16 years of age.

4 Service shall also be deemed to have occurred

a) in the case of a registered mail item not collected by the addressee or an authorized third party, on the seventh day after the first unsuccessful delivery attempt;

b) in the case of personal service, when the addressee or an authorized third party refuses delivery and the bearer attests to the refusal.

[4] 1 The notification of documents may be made electronically to parties who consent thereto. Decisions must be provided with a recognised electronic signature.

2 The Council of State regulates the requirements to which electronic notification is subject.

[4] Art. in force since 1.1.2022 - BU 2013, 453 and BU 2021, 342.

1 The authority may serve its decisions by publication in the Official Gazette

a) on a party of unknown abode and without an accessible representative;

b) on a party residing abroad and without an accessible representative, if the party, in violation of Article 11 paragraph 3, has not designated a contact address in Switzerland;

c) in a case with more than twenty parties;

d) in a case where not all parties can be determined without particularly excessive effort.

2 Service shall be deemed to have taken place on the day of publication.

A defective notification cannot cause any prejudice to the parties.

1 The parties appear in person or through an attorney with sufficient power of attorney. Cases where the parties are obliged to act personally remain reserved.

2 Public entities and organizations entrusted with public law tasks may be represented by one of their employees.

3 Failure to appear shall be excused for illness, accident, military service or civil service, parliamentary activity, or other serious reasons.

4 If, in the appeal procedure, a party proves incapable of arguing its own case, the adjudicating authority must appoint an official counsel for them, chosen from among the attorneys of the Canton. The regulation of official defense is governed by the Law on Official Counsel and Legal Aid of 15 March 2011.

1 If a party fails to appear, the authority repeats the summons with the warning that, in the event of non-appearance at the second hearing, the proceedings will continue their course.

2 The omission of a procedural act does not entail, save for contrary provision of law, the suspension of the proceedings.

1 At any stage of the proceedings, the authority may initiate a conciliation attempt.

2 By agreement with the parties, the authority may also suspend the proceedings to allow them to reach an agreement on the content of a settlement. This agreement must include a clause by which the parties waive legal remedies and must indicate how costs are to be apportioned.

3 A settlement concluded before the authority has the force of a decision.

4 The Council of State may define by regulation the matters where conciliation is mandatory and establish its procedures.

The authority, ex officio or upon request of a party, may suspend the procedure for justified reasons, particularly when the decision to be taken depends on the outcome of another proceeding or could be significantly influenced by it.

1 The administrative authority ascertains the facts ex officio, is not bound by the parties' motions for evidence, and evaluates evidence according to its free conviction.

2 Minutes must be kept of discussions and the taking of evidence before the administrative authority at every level.

3 Administrative and judicial authorities are obliged, upon request and free of charge, to render assistance to each other by transmitting necessary information and documents, subject to special provisions concerning the protection of secrets and data protection.

1 The parties are bound to cooperate in establishing the facts

a) in proceedings initiated by them;

b) in other proceedings, if they file independent claims;

c) insofar as another special law imposes more extensive information or disclosure obligations on them.

2 The duty to cooperate does not include the delivery of objects and documents pertaining to contracts between a party and their attorney authorized to represent them in court in Switzerland according to the Federal Act of 23 June 2000 on Attorneys.

3 The authority may declare claims inadmissible in the proceedings mentioned in letters a) and b) of the first paragraph, if the parties refuse the necessary and reasonably expected cooperation.

1 The authority may entrust the taking of evidence to one of its members, to one of its employees, or even to an external person expressly commissioned for this purpose.

2 The parties have the right to participate in the taking of evidence. If the taking of evidence risks prejudicing public or private interests worthy of protection, the authority shall take the necessary measures for their safeguard.

3 If the evidence is to be taken outside the Canton, a request for judicial assistance (rogatory letter) shall be issued. Exceptionally, the authority may transfer to another Canton to take evidence or to attend its taking, provided this is compatible with the laws of that Canton. In such cases, the evidence may be taken in the absence of the parties.

1 The authority shall make use, if necessary, of the following means of proof

a) documents;

b) information from the parties;

c) information from third parties;

d) on-site inspections;

e) expert opinions.

2 If the facts cannot be sufficiently clarified by the means of proof referred to in paragraph 1, the cantonal authorities may, ex officio or upon request, proceed to the hearing of witnesses.

The authority shall only consider illegally obtained evidence if the interest in ascertaining the truth prevails.

For the refusal of parties to cooperate, the refusal of third parties to cooperate, witness examination, and the preparation of minutes, the provisions of Articles 163-164, 165-167, 169-176, and 235 of the Civil Procedure Code of December 19, 2008 (CPC) shall apply by analogy.

The authority applies the law *ex officio*.

1 A party to an administrative proceeding has the right to examine the files and to obtain copies thereof, provided this does not entail an excessive burden for the authority.

2 Unless overriding public or private interests object, the authority may transmit official files for consultation to the parties or their representatives.

3 For the issuance of copies and the transmission of files, the authority may levy a fee. The Council of State sets the tariff.

4 The consultation of files managed exclusively on electronic media takes place according to the procedures established by the Council of State. [5]

[5] Para. in force since 1.2.2024 - BU 2013, 453 and BU 2024, 1.

1 The right to examine files may be denied only to protect legitimate public or private interests or an ongoing investigation. The refusal must be reasoned and recorded in the files.

**2 An act whose examination has been denied to a party may be used against that party only if the authority has communicated its essential content to them orally or in writing and has also given them the opportunity to comment and to indicate contrary evidence.**

The parties have the right to be heard.

1 The right to be heard is, as a rule, exercised in writing.

2 The authority shall hear the parties before adopting a decision.

3 It is not obliged to hear them before taking, in particular

a) an interlocutory or preliminary decision not appealable independently;

b) a decision appealable by way of objection or complaint;

c) a decision entirely conforming to the parties' requests;

d) an enforcement measure.

4 The authority shall not hear the parties before adopting a decision if, in a first instance proceeding, there is danger in delay or if a prior hearing could frustrate the purpose of the decision, provided that the decision is appealable and no other provision grants the parties the right to be heard beforehand.

1 If a decision is likely to affect numerous persons or if the determination of all parties causes excessive burdens, the authority, before making a pronouncement, may publish the application or the draft decision without reasoning in the Official Gazette and simultaneously deposit the reasoned application or draft decision for public inspection, indicating the place of deposit.

2 It shall hear the parties, granting them a reasonable period for objections.

1 The administrative authority adopts, ex officio or upon application by a party, appropriate provisional measures.

2 For the Cantonal Administrative Court, the decision is adopted by the president or the delegated judge. For the Council of State, the decision is adopted by the president.

3 The granting of provisional measures may be made subject to the provision of security.

4 Provisional decisions are immediately enforceable. They are subject to appeal if the dispute is appealable on the merits.

1 If the party against whom a provisional measure has been issued suffers prejudice, they may claim damages from the opposing party when the conditions of Articles 41 et seq. of the Code of Obligations are met.

2 The action for damages must be brought before the civil court and is subject to a one-year statute of limitations from the expiration of the provisional measure.

1. When a provisional measure has lapsed and a guarantee has been provided, the judicial authority assigns the interested party a peremptory deadline to bring any action for damages.

2. Should this deadline expire without the action being brought, the guarantee shall be returned.

1 More than one person must sue or be sued jointly if they are part of a legal relationship upon which a decision can only be made with a single effect for all.

2 Timely procedural acts by one co-litigant also bind those co-litigants who remained silent. Appeals are an exception.

1 More than one person may sue or be sued jointly if the proceedings concern rights or obligations founded on common facts or legal acts.

2 Each co-litigant may conduct their own case independently of the others.

The co-litigants may designate a common representative. Otherwise, notifications are made to each of them.

In the event of the death of a party or in another case of universal succession, the successor takes over the party's position in the proceedings.

1 If the subject matter of the dispute is alienated during the proceedings, the acquirer may substitute the alienator in the proceedings.

2 The substituting party shall be liable for all court costs. The withdrawing party shall, however, be jointly and severally liable for the costs already incurred.

3 If there is no alienation of the subject matter of the dispute, the substitution of a party may only occur with the consent of the opposing party.

1. The deciding authority may, ex officio or upon application by a party, order the joinder of third parties who have a legitimate interest in the outcome of the proceedings.

2. The third party joined in the proceedings may exercise the rights belonging to the parties, and the decision is in any case enforceable against them.

3. Intervention in the proceedings is excluded.

1 Every decision must be reasoned in writing and must indicate the legal remedy.

2 The indication of the remedy must mention the ordinary legal remedy admissible, the competent authority, and the deadline for filing it.

3 If the decision is entirely in conformity with the requests of the parties, the reasoning may be reduced to the essential.

1 The administrative authority may levy a court fee on its decisions, which is determined according to the scope and difficulty of the case, the conduct of the proceedings, and the financial situation of the parties. Its amount varies

a) from 100 to 5,000 francs in administrative proceedings of a non-pecuniary nature;

b) from 100 to 30,000 francs in administrative proceedings of a pecuniary nature.

2 Unless otherwise provided, the order for costs against multiple persons shall be understood as joint and several among them.

3 The appellate authority may require a suitable advance from the appellant not residing in Ticino or in arrears with the payment of public cantonal taxes, as a guarantee for the presumed procedural costs, and shall assign them a reasonable deadline for payment, not suspended by holidays, with the warning that the appeal will be inadmissible.

4 The advance for presumed procedural costs is due in all cases in proceedings before the Cantonal Administrative Court. If particular reasons justify it, the Court may nevertheless waive in whole or in part the requirement for the advance.

5 If the instruction of the proceedings in the interest of a private individual entails considerable costs, the relevant evidence may be made conditional upon the provision of a suitable advance.

6 Public bodies and organizations entrusted with public law tasks are not charged with procedural costs. Proceedings in which they act to protect their pecuniary interests remain reserved.

The indemnities for witnesses and experts are those provided by the law on judicial fees of November 30, 2010.

1 The appellate authorities shall order the losing party to pay the opposing party an indemnity for the necessary costs incurred by the dispute. The parties may submit a statement of their costs.

2 Public bodies and organisations entrusted with public law tasks that have a legal department are not entitled to an indemnity for party costs. Particularly complex proceedings and those in which they act to protect their financial interests remain reserved.

3 Article 47 paragraph 2 applies by analogy.

Individuals who are required to make or prepare a decision must recuse themselves

a) if they have a personal interest in the case or in another dispute concerning an identical question of law;

b) if they have participated in the same case in another capacity, particularly as members of an authority, legal counsel for a party, expert, witness, or mediator;

c) if they are or have been spouses or registered partners of a party, their legal counsel, or a person who participated in the same case as a member of the lower authority, or if they cohabit with one of them;

d) if they are related by blood or marriage in the direct line or in the collateral line up to and including the third degree with a party, their legal counsel, or a person who participated in the same case as a member of the lower authority;

e) if they may be prejudiced in the case, particularly due to close friendship or personal animosity with a party or their legal counsel.

The person who recognizes in themselves a ground for recusal must immediately communicate it to the superior authority or to the collegiate body of which they are a member, indicating the reasons, and shall spontaneously recuse themselves if they believe the ground to be present.

1 The party intending to request the recusal of a person must submit a reasoned application to the superior authority or to the collegiate body to which such person belongs, as soon as the ground for recusal becomes known.

2 The application is communicated to the interested party and to the opposing party for their observations.

1 If the ground for recusal is contested, the superior authority shall decide or, in the case of a member of a collegiate authority, the authority itself shall decide in the absence of the recused member.

2 If the entire Council of State or the majority is recused, the recusal shall be decided by the Cantonal Administrative Court. In the case of recusal of the latter or the majority of its judges, the entire Court of Appeal shall decide without the presence of the recused judges.

3 In the event of a block recusal or recusal of the majority of their members, the Council of State and the Cantonal Administrative Court may themselves rule on recusal applications that are manifestly inadmissible or entirely without merit.

4 The decision may be challenged by ordinary legal remedies if it is not rendered by a cantonal authority of last instance.

1. Acts in which a person obligated to recuse themselves participated are annulled and repeated if a party requests it within ten days from the day on which they became aware of the ground for recusal.

2. Non-repeatable evidentiary measures may nevertheless be taken into consideration by the authority competent to decide.

3. If the ground for recusal is discovered only after the closure of the proceedings, the provisions on revision shall apply.

1 Whoever, during the proceedings, offends decorum or disturbs the progress of the case, shall be punished with a warning or with a disciplinary fine of up to 500 francs. The authority may also order their removal.

2 In cases of bad faith or frivolous litigation, the party and their legal representative may be punished with a disciplinary fine of up to 500 francs and, in the event of recidivism, up to 1,000 francs.

3 The disciplinary measure may be challenged with ordinary legal remedies unless it is adopted by a cantonal authority of last instance.

1 The administrative authority executes its own decisions.

2 The execution of the decisions of the appeals authority is incumbent upon the body that issued the contested measure.

3 Forced execution occurs

a) in the case of payment of a sum of money or provision of security, in the forms prescribed by the Federal Act on Debt Enforcement and Bankruptcy of April 11, 1889;

b) through official execution at the expense of the obligor;

c) through direct coercion against the obligor; for this purpose, the intervention of the municipal police and, subsidiarily, of the cantonal police may be requested.

4 Sanctions under the Penal Code for disobedience to an authority's decision remain reserved.

5 Official execution and the use of force must be preceded, except in urgent cases, by an unappealable warning to comply within a short period.

6 The decision on execution may be challenged through ordinary legal remedies.

Against the decisions of an appeal authority that have become legally binding, the remedy of revision is available

a) if the party demonstrates that the authority did not consider relevant facts arising from the records or specific conclusions;

b) if the party presents new and relevant facts or means of proof, which it could not have presented, through no fault of its own, in the previous procedure;

c) if a criminal proceeding shows that a crime or offense influenced the decision to the detriment of the applicant; a criminal conviction is not required; if criminal proceedings cannot be initiated, proof may be adduced in another way;

d) if the party proves that the authority violated the rules on recusal.

1 A request for revision must be submitted to the appeals authority within 30 days of the discovery of the grounds for revision, but at the latest within ten years of the notification of the decision.

2 After ten years from the notification of the decision, revision may be requested only by virtue of Article 57 letter c).

1 The application for revision must indicate the ground for revision, its timeliness, and the conclusions in the event of a new decision on the appeal.

2 If it is not manifestly inadmissible or manifestly unfounded, the application is communicated to the opposing party, who is granted a reasonable period for a response.

3 The time limit for submitting reply and rejoinder briefs is 15 days, commencing from the notification of the act.

4 An oral hearing takes place only exceptionally.

During the review procedure, the President of the seized authority or the delegated judge may suspend the execution of the challenged decision or order other interim measures.

1 If the authority admits the application for revision, it annuls the previous decision and redetermines the merits.

2 The annulment of a referral decision invalidates the decision rendered by the lower authority following the referral.

3 The revision judgment may be challenged by ordinary legal remedies, unless it emanates from a cantonal authority of last instance.

1 If the operative part of a decision is unclear, ambiguous or incomplete, or is in contradiction with the recitals, the authority, upon written request from one of the parties, shall interpret or rectify it. The application must indicate the disputed points and the desired amendments.

2 Article 59 paragraphs 2-4 and Article 60 apply by analogy.

3 The interpreted or rectified decision may be challenged by ordinary legal remedies, unless it emanates from a cantonal authority of last instance.

4 The authority may at any time correct clerical or calculation errors or other errors of oversight that have no influence on the operative part or on the essential content of the grounds.

1. A claim for the determination of the existence, non-existence, or extent of rights or obligations may be filed with the first instance authority competent on the merits by anyone demonstrating a legitimate interest worthy of protection. In particular, such a claim may concern the determination of the nullity of an administrative act.

2. A declaratory judgment is appealable through ordinary legal remedies.

3. No prejudice may arise to a party who has acted legitimately based on a declaratory judgment.

1 Anyone with a legitimate interest may demand that the authority competent for physical acts based on public law and affecting rights or obligations

a) omit, cease, or revoke unlawful physical acts;

b) eliminate the consequences of unlawful physical acts;

c) ascertain the unlawfulness of physical acts.

2 The authority shall rule by means of a formal decision, appealable through ordinary legal remedies.

1 A right of appeal is held by whoever

a) participated in the proceedings before the lower authority or was deprived of the opportunity to do so, and;

b) is particularly affected by the impugned decision, and

c) has a protectable interest in the annulment or modification thereof.

2 Furthermore, every person, organization, or authority to whom a special law grants such a right also has a right of appeal.

1. Preliminary and Incidental Decisions

Preliminary and incidental decisions that are notified separately and concern jurisdiction and applications for recusal are subject to immediate appeal and cannot be further challenged.

**2. Other preliminary and incidental decisions** that are notified separately are subject to independent appeal only if

a) they may cause irreparable harm to the appellant, or

b) the granting of the appeal would immediately lead to a final decision, making it possible to avoid an exhaustive and costly evidentiary procedure.

**3. If the appeal is not admissible** under paragraph 2 or has not been lodged, preliminary and incidental decisions may be challenged by way of an appeal against the final decision insofar as they affect its content.

**4. Provisions provided for by special laws** are reserved.

A appeal may be lodged if the authority addressed unduly denies or delays the issuance of an appealable decision.

1. The appeal must be submitted in writing to the appeal authority within 30 days of notification and, in the absence thereof, from the knowledge of the contested decision.

2. The deadline for appealing provisional measures is 15 days.

3. Deadlines provided for by other laws remain reserved.

4. An appeal for denied or delayed justice may be filed at any time.

1 The appellant may invoke

a) the violation of law, including the excess or abuse of discretionary power;

b) the inaccurate or incomplete ascertainment of legally relevant facts;

c) inadequacy.

2 The plea of inadequacy is admissible before the Cantonal Administrative Court in cases provided for by law.

1 The appeal, in as many copies as there are parties, plus one for the appeal authority, must contain the conclusions, the grounds, the indication of the means of proof requested, and the signature of the appellant or their legal representative. The contested decision and the documents indicated as means of proof must be attached, if they are in the possession of the appellant.

**2 The appeal may adduce new facts and propose new means of proof. New claims are not admissible.**

The appeal has suspensive effect unless the law or the contested decision provides otherwise. In this case, with a specific request, the appellant may ask the president of the appeal authority or the delegated judge for the suspension of the decision.

The appeal authority may, immediately or after recalling the files, decide with brief reasoning to declare the application or the appeal inadmissible or to reject them if they prove to be manifestly unfounded.

1 If the appeal does not appear inadmissible or manifestly unfounded, the appeal authority shall serve it on the authority that issued the challenged decision, the opposing parties, and any other interested parties, assigning them a reasonable period for response and simultaneously setting out the consequences of non-compliance. Within the same period, the lower authority must produce the complete file.

2 The response must be drafted in the form and with the content required for the appeal brief.

3 If the response is not submitted within the period set by the authority or extended by it, the right to respond shall lapse.

1. Upon the filing of the appeal, the handling of the case forming the subject of the impugned decision passes to the appellate authority.

2. The lower instance may nevertheless amend its own decision in line with the appellant's requests, as a rule, until the filing of the reply.

3. It issues a new decision, which must be communicated to the appellate authority, and rules on costs.

4. The appellate authority shall examine the appeal only to the extent that it has not become moot.

1 The appeals authority serves the response on the appellant and grants them a reasonable period for their reply, simultaneously stipulating the consequences of non-compliance.

2 The appeals authority serves the reply on the authority that issued the decision, on the opposing parties, and on any other interested parties, and grants them a reasonable period for their rejoinder, simultaneously stipulating the consequences of non-compliance.

3 If the reply or rejoinder is not submitted within the period set by the authority or extended by it, the corresponding right is extinguished.

4 The appeals authority may exceptionally order a further exchange of written submissions.

1 When multiple appeals are lodged before the same authority whose factual basis is identical, the authority may order the consolidation of the investigative proceedings, decide the appeals with a single decision, or suspend one or more procedures pending the investigation or decision of the others.

2 The appeals authority may order the severance of proceedings at any time, when it deems it necessary, and particularly when their joint handling could complicate their progress.

In the event of the taking of evidence, the parties must be given the opportunity for verbal or written discussion.

At every stage of the proceedings, the appeal authority may summon the parties to an investigatory hearing and order a debate.

1 The appeal authorities shall publish their final decisions. Publication shall, in principle, be anonymized.

2 The Council of State shall determine the modalities thereof.

The appeal to the Council of State is admissible against

a) decisions of municipal, patrician, consortium and parish authorities, if the law does not provide for an appeal to another authority;

b) decisions of the Departments, the State Chancellery, subordinate bodies and special commissions, as well as bodies entrusted with public law tasks, if the law does not provide for a direct appeal to the Cantonal Administrative Court or to another appeal authority.

1. The investigation of appeals and the taking of evidence are entrusted by the Council of State to a service directly subordinate to it. The Council of State establishes the exceptions.

2. The appeal must not be handled by the official who investigated the first instance proceedings.

3. Investigative hearings are not public.

The State Councillor, against whose Department the appeal is directed, abstains from the decision of the Council of State.

1 If the Council of State annuls the contested decision, it shall rule on the merits or refer the case back to the lower instance for a new decision.

2 The Council of State may amend the contested decision to the advantage or disadvantage of a party.

3 If the Council of State intends to amend the contested decision to the disadvantage of a party, it must inform that party of its intention and give it the opportunity to be heard.

An appeal to the Cantonal Administrative Court is admissible against

a) decisions of the Council of State that are not declared final by law, nor appealable before another appellate authority;

b) decisions of other appellate authorities that are not declared final by law;

c) administrative law decisions of autonomous cantonal entities, in cases provided for by law;

d) decisions of the Grand Council, in cases provided for by law;

e) other decisions in specific sectors, in cases provided for by law.

The taking of evidence and the examination of witnesses are carried out by the delegated judge.

1 If the Cantonal Administrative Court annuls the contested decision, it shall decide on the merits.

2 The Cantonal Administrative Court may annul the contested decision and refer the case back to the lower instance for a new judgment, particularly in cases where the latter did not address the merits, established the facts incompletely, or violated essential procedural rules.

3 The reasons for the referral judgment must form the basis of the new decision.

4 The Cantonal Administrative Court may amend the contested decision to the advantage or disadvantage of a party.

5 If the Cantonal Administrative Court intends to amend the contested decision to the disadvantage of a party, it must inform the party of its intention and give them the opportunity to be heard.

The decisions of the Cantonal Administrative Court are immediately enforceable.

1 Sittings before the Cantonal Administrative Court are public, deliberations are secret.

2 If there is reason to fear a danger to security, public order or morality, or if the interest of a participant in the proceedings justifies it, the Cantonal Administrative Court may order that the proceedings be held wholly or partly in camera.

[6] 1 If the Cantonal Administrative Tribunal judges the hiring or appointment of an employee to be unlawful, it shall confirm this in its judgment; consequently, the hiring or appointment shall be annulled and the file shall be returned to the appointing authority for a new decision.

2 An appeal against a hiring or appointment decision shall not have suspensive effect.

3 The grounds for appeal are, exhaustively, the following: manifest failure to comply with the formal or substantive conditions of the job advertisement or the exclusion of the appellant for discriminatory reasons related, in particular, to sex, marital status, or origin.

4 The Cantonal Administrative Tribunal cannot compel the competent authority to hire or appoint an excluded candidate.

[6] Art. amended by L 24.2.2025; in force since 1.6.2025 - BU 2025, 96; previous amendment: BU 2020, 319.

In the event of a disciplinary measure, notice of termination of employment, or non-renewal at the end of the appointment period, the Cantonal Administrative Tribunal shall freely examine all questions of fact, law, and the appropriateness of the contested decision.

1 If the Administrative Cantonal Court deems the disciplinary dismissal or the termination or the non-renewal unjustified, it shall ascertain this in its judgment.

2 Following the procedure as a single instance, the Administrative Cantonal Court shall determine the corresponding compensation, whether the competent authority no longer intends to re-employ the public servant or the public servant no longer intends to be re-employed, or in the event of re-employment.

3 If the Administrative Cantonal Court deems another disciplinary measure unjustified, it shall annul it and may replace it with a less severe measure.

The Cantonal Administrative Court rules as a sole instance on

a) proprietary disputes between the holder of a concession and the State or another public entity, pertaining to the obligations and rights arising from the act of concession;

b) disputes arising from public law contracts to which the State or a Municipality or an autonomous cantonal entity or an independent body entrusted with public law tasks is a party;

c) disputes relating to proprietary relationships in cases of municipal mergers and separations, or those of fractions thereof;

d) in all other cases provided for by law.

The petition must be submitted to the Cantonal Administrative Court in as many copies as there are parties, plus one for the judge, in the form provided for in Article 221 CPC.

The defendant is granted a suitable period for the response, which must be drafted in the form prescribed by Article 222 CPC.

1 The response is served on the plaintiff, who may submit a rejoinder within 15 days.

2 In this case, the rejoinder is served on the defendant, who may submit a surrejoinder within 15 days.

3 In exceptional cases and for justified reasons, the Cantonal Administrative Court may extend the deadlines referred to in paragraphs 1 and 2 or set a deadline longer than 15 days.

4 The Cantonal Administrative Court may exceptionally order a further exchange of pleadings.

At every stage of the proceedings, the Cantonal Administrative Tribunal may summon the parties to an investigatory hearing and order a debate.

The Cantonal Administrative Court freely examines all questions of fact, law, and expediency.

1 Procedures concerning personal status, foundations, and family law that are not assigned to a judge must be brought before the competent administrative authority in accordance with the Law on the Application and Supplementation of the Swiss Civil Code of April 18, 1911, and other special laws.

**2 This law is subsidiarily applicable, unless otherwise provided, to procedures before the administrative authority.**

**3 Decisions of the competent administrative authorities may be appealed by means of an appeal, within a period of 30 days, to the Court of Appeal.**

1 An appeal has a suspensive effect, unless the challenged decision provides otherwise. In such a case, the appellant may request the president of the appeals authority or the delegated judge to suspend the decision.

2 The parties are entitled to submit new allegations and new evidence.

3 The Court of Appeal may summon the parties to question them on the facts of the case and take additional evidence or information, using, if necessary, the services of judges from the criminal and administrative jurisdictions. The parties must be guaranteed the right to comment on the new findings.

4 For the rest, the rules of appeal procedure before the Cantonal Administrative Court apply.

1. Appeals to the Grand Council are permitted in the cases provided for by law.

2. The general procedural rules provided for by the present law are also applicable to appeals to the Grand Council, unless specific laws provide otherwise.

1 Persons and authorities are entitled to appeal if they

a) participated in the proceedings before the lower authority or were deprived of the opportunity to do so, and;

b) are particularly affected by the challenged decision, and;

c) have a legitimate interest in its annulment or amendment that is worthy of protection.

2 Conditions provided for by other laws remain reserved.

1 The appeal must be submitted in writing within 30 days of notification and, in the absence thereof, from the knowledge of the contested decision.

2 The deadlines provided by special laws are reserved.

3 The appeal for delayed or denied justice may be lodged at any time.

The applicant may assert

a) the violation of the law, including excess or abuse of discretionary power;

b) the inaccurate or incomplete ascertainment of legally relevant facts;

c) inadequacy.

1 The appeal, in as many copies as there are parties, plus one for the Grand Council, must contain the prayers for relief, the grounds, the indication of the requested means of proof, and the signature of the appellant or their legal representative. The contested decision and the documents indicated as means of proof must be attached, if they are in the appellant's possession.

2 The appeal may present new facts and propose new means of proof. New claims are not admissible.

The appeal shall not have suspensory effect, unless the competent Commission decides otherwise pursuant to Article 108, acting of its own motion or at the request of a party.

1 If the appeal does not appear inadmissible or manifestly unfounded, the services of the Grand Council shall serve it upon the authority that rendered the contested decision, upon the opposing parties and any other interested parties, and shall grant them a reasonable period for a response, simultaneously specifying the consequences of non-compliance. Within the same period, the lower authority must produce the complete file.

2 The response must be drafted in the form and with the content prescribed for the appeal document.

3 If the response is not submitted within the period set by the authority or extended by it, the right to respond shall lapse.

1 Upon the filing of the appeal, the handling of the case that is the subject of the contested decision passes to the Grand Council.

2 The lower instance may, however, amend its decision in accordance with the appellant's requests, as a rule, until the submission of the reply.

3 It shall issue a new decision, which must be communicated to the Grand Council, and shall decide on costs.

4 The Grand Council shall examine the appeal only to the extent that it has not become moot.

1 The Grand Council appoints the competent Commission for the instruction of the appeal and for the report.

2 Evidence is taken by the Commission or by one of its delegations.

1 The response to the appeal is communicated to the appellant, who may submit a reply brief within a period of 15 days.

2 In this case, the reply is communicated to the authority that rendered the decision, to the opposing parties, and to any other interested parties, who may submit a rejoinder brief within a period of 15 days.

3 In exceptional cases and for justified reasons, the competent Commission may extend the deadlines referred to in paragraphs 1 and 2 or set a deadline longer than 15 days.

4 The deadline for submitting the reply and the rejoinder is equal to the appeal deadline if, by virtue of a special law, this deadline is less than 15 days.

5 The competent Commission may exceptionally order a further exchange of written submissions.

1 The decision of the Grand Council is notified by the services of the Grand Council and is accompanied by the committee report or reports. The operative part of the decision is published in the Official Gazette.

2 The services of the Grand Council, upon request of the parties, shall subsequently communicate the minutes of the Grand Council session.

Against the decision of the Grand Council, an appeal may be lodged with the Cantonal Administrative Tribunal in the cases provided for by law.

The amendment of existing law is governed by Annexes I and II.

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

2 It applies to appeal proceedings only if the contested decision was issued after its entry into force.

Article 113 Reserved, the Administrative Procedure Law of April 19, 1966 is repealed.

1 After the expiry of the time limits for the exercise of the right to a referendum, this law shall be published in the Bulletin of Laws and Executive Acts, and the Council of State shall establish its entry into force. [7]

2 The entry into force of Articles 10 paragraphs 2 and 3, 11 paragraph 2, 18, and 32 paragraph 4 is deferred and shall be set at a later date.

Published in BU 2013, 453.

[7] Entry into force: March 1, 2014 - BU 2013, 453.