Regulation on the Delegation of Decision-Making Powers

1 The Annex to this Regulation specifies the decisions that are delegated to subordinate bodies.

2 Decisions regarding the execution of expenditures, the assumption of commitments, the awarding of works and supplies, and collections are delegated to the administrative units responsible for the Cost Centre. [2]

3 Limitations and delegation competencies defined by the Annex to the Regulation remain reserved.

[2] Any delegation for the assignment of external current management mandates exceeding 5000 francs contained in this Regulation (Art. 1 para. 2 and Annex), as well as in specific sectoral laws, is suspended. External current management mandates are considered to be assignments attributed for work and professional services related to studies, research, calculations, expert opinions, designs, opinions, and consultations. Suspension effective from 1.1.2024 - BU 2023, 361; previous amendments: BU 2004, 218; BU 2016, 510; BU 2019, 394.

1 For the application and execution of delegations, the provisions on service duties set forth in the Law on the Organization of State Employees and Teachers of 15 March 1995 shall apply.

2 The Council of State and each Department Director shall define the criteria to be followed for the issuance of delegated decisions and shall ensure their observance.

3 The Finance Inspectorate and the Treasury and Accounting Section shall, within the scope of their respective functions, monitor compliance with delegated powers. [3]

[3] Para. amended by R 21.12.2004; in force since 4.1.2005 - BU 2005, 8; previous amendment: BU 2004, 254.

[4] The right of signature is regulated as follows

a) by the collective signature of two officials: the official who prepared the case or their substitute, and the director responsible for the unit to which decision-making authority is attributed or their substitute;

b) by the individual signature of the director responsible for the unit to which decision-making authority is attributed, or their substitute, if the same official prepared the case or in other instances established by the Department for justified reasons;

c) without signature for individual decisions issued in large numbers through automated procedures (e.g., tax assessments, road tax notices, etc.).

[4] Article amended by R of 5.7.1995; in force since 18.7.1995 - BU 1995, 361.

1 Decisions of the Departments, the Chancellery, and subordinate authorities are subject to complaint in the cases established by the State Council and indicated in the appendix.

2 The procedure provided for by special laws or regulations remains reserved.

1. The appeal must be submitted to the authority that issued the decision within 30 days of notification. [5]

2. Any person or entity affected by the decision and having a legitimate interest in its annulment or modification has standing to lodge an appeal.

[5] Par. amended by R 18.2.2014; in force since 1.3.2014 – BU 2014, 115.

1 The complaint must be submitted in writing, state the grounds in fact and in law, indicate the evidence, and contain the conclusions.

2 In the absence of these requirements, a reasonable time limit is granted to the complainant to remedy them, with the warning of inadmissibility.

3 The complaint has suspensive effect, unless the challenged decision provides otherwise.

1 The complaint procedure is, in principle, free of charge.

2 In the event of a manifestly unfounded or vexatious complaint, a court fee may be levied, and costs may be charged to the complainant. The court fee shall be determined in accordance with Art. 47 of the Administrative Procedure Act of 24 September 2013. [6]

3 The acceptance of a complaint does not entitle to compensation for legal costs.

[6] Para. amended by R 18.2.2014; in force since 1.3.2014 - BU 2014, 115.

[7] To the complaint procedure, as far as not established by the present regulation, the general provisions of the Administrative Procedure Law of 24 September 2013 are applicable.

[7] Art. amended by R 18.2.2014; in force from 1.3.2014 - BU 2014, 115.

1 This Regulation repeals and replaces the Regulation of the Council of State concerning the delegation of decisions to its Departments and to subordinate bodies of 8 May 1979.

2 It shall be published with its annex in the Official Bulletin of Laws and Executive Acts and shall enter into force on 1 January 1995.

Published in OB 1994, 481 and OB 1995, 1.