Regulation concerning the Appeals Service of the Council of State and its relationships with the Government Council and the Cantonal Administration

The Appeals Service of the Council of State is directly subordinate to the Council of State and administratively assigned to the State Chancellery.

1. The Appeals Service of the Council of State instructs the appeal and takes evidence in accordance with Articles 25 and 81 of the Law on Administrative Procedure of 24 September 2013, and prepares draft decisions on appeals

a) submitted to the Council of State against decisions of the Departments, their services, and those directly subordinate to the Council of State (hierarchical appeals);

b) submitted against resolutions of autonomous public law entities (municipalities, patricianates, consortia, and other entities). [2]

2. Exceptions are appeals concerning master plans and detailed plans, which are handled by the Department of the Territory.

3. In the case of an appeal, particularly a hierarchical one, the Departments or their subordinate Units shall express their views to the Appeals Service of the Council of State exclusively during the preliminary investigation phase.

[2] Para. amended by R 18.2.2014; in force since 1.3.2014 - BU 2014, 116.

The Appeals Service of the State Council is answerable for its work solely to the Governing Council.

1 Individual members of the Council of State shall refrain from requesting or providing information that goes beyond communications of a procedural nature concerning *litispendency*, related to appeals assigned for preliminary inquiry to the Appeals Service. This principle also applies to their respective collaborators.

2 Requests for information shall be transmitted for processing only to the Directorate of the Appeals Service. They shall be recorded in the individual file.

3 The Appeals Service, and in particular the jurist responsible for the preliminary inquiry, shall refrain from providing information on the case under examination that goes beyond the needs of the preliminary inquiry and is limited to the parties to the case.

1 Draft decisions are transmitted to the Council of State, for the next meeting, with the list of proxies via the State Chancellor.

2 Draft decisions proposing a change in jurisprudence or practice, or personally involving Councillors of State or officials, must be expressly mentioned in the aforementioned list.

1 Draft decisions and their related files may be retrieved and examined by the State Councillor who requests them, for review and evaluation, only upon their presentation in the list of delegations, with a corresponding mention on that document; the Appeals Service shall re-submit the retrieved draft decision, in its original version, to the Council of State, with a specific annotation in the list of delegations, within one month of its retrieval.

2 At the next meeting, the Governing College, at the request of the State Councillor who retrieved a draft, may ask the Appeals Service to proceed with further investigative acts, inquiries, or the presentation of amendments, both in the recitals and in the operative part, provided this is legally sustainable; in such cases, the Government shall return the draft to the Appeals Service, issuing specific written directives.

3 At the next meeting, it shall re-submit the project after further examination, indicating any modifications with a specific annotation in the list of delegations.

1 In cases of hierarchical appeals against decisions adopted and signed by a member of the Government in their capacity as Director of Department, the interested State Councillor may express an opinion during the investigative phase within the exchange of written submissions, but must abstain from the deliberation of the Collegium; this obligation does not exist in the case of appeals against decisions of subordinate administrative units, for which the Director of Department has not had the opportunity to express a direct opinion.

2 The State Councillor personally interested in an appeal addressed to the Government Collegium immediately reports the case to the Appeals Service and vice versa, refraining from formulating observations and from deliberating in the Collegium.

3 The Appeals Service of the Council of State, when presenting the draft decision to the Council of State, mentions the above-cited cases in the recitals of the judgment and marks them in the list of abstentions.

4 The cases described above are recorded in the protocol of the deliberations of the Council of State.

1 Communications concerning judgments issued by the Council of State in its capacity as a judicial authority are reserved for the addressees of the decision within the framework of the notification procedure.

2 Information to the media is determined on a case-by-case basis if required by the general interest or the particularity of the specific case. However, such information must only be provided after notification has been effected.

This Regulation repeals the DE amending the aggregation of the Appeals Service of the Council of State of 25 March 1992, is published in the Official Bulletin of Laws and Executive Acts, and enters into force on 1 July 2009.

Published in OB 2009, 260.