Act on Administrative Procedure and Jurisdiction (LPJA) - Principle (VVRG)

1. This law governs the procedure in administrative matters falling under the jurisdiction of administrative and administrative justice authorities.

2. Furthermore, it applies to matters of social security law that fall under the jurisdiction of the social security court.

3. The special provisions of administrative law and social security law remain reserved.

1. This Act does not apply

a) to first-instance administrative orders that are by nature to be made on the spot and immediately enforced. Articles 62 and 63 remain reserved;

b) * to the proceedings before the tax authorities;

c) * when an appeal to the Grand Council or another legal remedy is available.

1. Administrative authorities are considered to be the organs of the administration of the canton, the districts, and the municipalities, as well as public-law corporations and institutions.

2. Private individuals and private organizations entrusted with the fulfillment of public-law tasks are also considered as such.

1. Administrative matters are those that are resolved by an administrative authority or by the Cantonal Court through a decision in the application of public law of the Confederation, the canton, or the municipality.

1. Orders within the meaning of Article 4 of this law are considered to be the directives issued by authorities in individual cases, which concern the following matters

a) Establishment, amendment, or revocation of rights or obligations;

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

c) Rejection of requests for establishment, amendment, revocation, or determination of rights or obligations, or non-consideration of such requests.

2. The following are also considered orders: enforcement orders provided for in Article 38 paragraph 1 letter a and b, interim orders, decisions on objections, decisions on complaints, decisions in the context of a review, and explanations.

3. Declarations by authorities regarding the rejection or assertion of claims that are to be pursued through legal action are not considered orders.

4. The unlawful refusal or delay of an order (Art. 34) is considered an order.

1. The following are considered parties

a) * natural or legal persons whose rights or obligations are or may be affected by the decision to be issued;

b) * an authority, a person, or another organization, insofar as they are entitled to lodge a complaint by law.

1. The local, subject-matter, and functional jurisdiction of the authority is determined by legislation.

2. The establishment of jurisdiction through an agreement between the authority and the party is excluded.

3. The authority reviews its jurisdiction ex officio. If it considers its jurisdiction to be doubtful, it engages in an exchange of opinions without delay with the authority whose jurisdiction is in question. If it considers itself incompetent, it transfers the matter without delay to the competent authority and notifies the interested parties thereof.

1. The authority that considers itself competent shall establish this by order if a party contests the jurisdiction (Art. 42 lit. a).

2. The authority that considers itself incompetent shall decline to hear the case by order if a party asserts the jurisdiction (Art. 42 lit. a).

1. Disputes regarding the jurisdiction of the final administrative authority or the cantonal court shall be conclusively decided by the Court of Jurisdictional Conflicts.

1. Persons who have to make a decision or prepare one shall recuse themselves if they

a) have a personal interest in the matter;

b) are related or connected to a party in a direct line or collateral line up to the third degree, or through marriage, engagement, or adoption;

c) are representatives of a party or have acted for a party in the same matter;

d) if a relative or in-law up to and including the second degree acts as a lawyer, representative or agent of one of the parties;

e) could be biased for other reasons.

2. A member of a collegiate authority, whose department or court has issued the contested decision, shall recuse themselves from the decision of that authority. In the event of a tie, the presiding member casts the deciding vote.

3. If the recusal of a member of a collegiate authority is contested, the authority shall decide excluding the member in question. In all other cases, the ordinary appeal instance decides (Art. 42 letter b).

1. The party may be represented at any stage of the proceedings unless they are required by law or procedural reasons to act personally. They may also be assisted by counsel.

2. The authority may request the representative to provide proof of authority by written power of attorney. If the representative does not comply with the request, the authority shall set a short grace period, warning that failure to submit the power of attorney within the deadline will result in the submission not being considered.

3. Parties residing or domiciled abroad are required, upon request of the authority, to designate an address for service in Switzerland. Notices to parties who do not comply with this requirement may be omitted or may be made by publication in the official gazette. Article 30 remains reserved.

1. Subject to contrary provisions of special legislation, parties may act jointly in pursuit of common legal interests that are based on the same set of facts. A representative must be designated; otherwise, the first signatory shall be deemed the representative.

2. When multiple persons act jointly or individually in pursuit of the same interests, they may be required to appoint one or more common representatives for the proceedings.

1. The authority may, ex officio or upon request, order the consolidation of proceedings that are based on the same facts or the same legal grounds.

2. It may, for reasons of expediency, order the separation of the proceedings until the conclusion of the investigation.

1. Statutory periods can only be shortened or extended if the law provides for it.

2. Deadlines set by authorities can be extended upon a written request if the request is made before the expiration of the deadline.

3. Restoration of a period can be granted if the affected party requests it in writing within ten days after the obstacle has ceased to exist, providing sufficient reasons.

1. The authority that sets a deadline simultaneously threatens the consequences of non-compliance. In the event of non-compliance, only the threatened consequences will ensue.

1. If the party reaches an incompetent authority in a timely manner, the deadline is considered met.

2. If a longer period than the statutory one is mistakenly specified in an order, the party does not suffer any disadvantage, provided that they comply with the specified period.

1. In the calculation of a time period, the day on which it begins to run shall not be counted. The period ends at midnight on the last day.

2. The following holidays are applicable

a) * the days established by federal law;

b) * the days established in the cantonal law on rest on Sundays and holidays, and in its implementing regulations;

c) * January 2nd, Easter Monday, Whit Monday, and December 26th.

3. Submissions that bear a postmark from the last day of the period shall be considered timely.

4. Otherwise, the provisions of the Code of Obligations (Art. 77 et seq.) shall apply.

1. The administrative authorities of the canton and the municipalities are obligated to provide the Cantonal Court with the information it requests and to submit the documents it demands, free of charge.

2. ...

1. The authority investigates the facts of the case ex officio, without being bound by the submissions and evidence requests of the parties.

2. The parties are entitled to participate in the evidence proceedings and to offer evidence. This evidence is considered to the extent that it appears suitable to clarify the facts of the case.

1. The parties are obligated to cooperate in establishing the facts

a) * in a proceeding initiated by their application;

b) * in another proceeding, insofar as they submit independent applications therein;

c) * insofar as they have a further duty to provide information or disclosure under the law.

2. If a proceeding is not in the public interest and a party refuses to cooperate, the authority shall inform them that the decision will be made based on the records without further investigation.

1. The administrative authority may interview informants and must prepare a memorandum of their statements. If necessary, a record can be drawn up. If the interviewed person has the right to refuse to testify, they must be informed that they are not obligated to answer.

2. If the facts cannot be sufficiently clarified in any other way, then

a) the Council of State or the head of the department may order the hearing of witnesses by a suitable, legally trained official of the State Chancellery or another office;

b) an appeals commission may order the hearing of witnesses by one of its members who has legal training, or by their legal secretary.

3. A formal witness hearing occurs when the witness is informed of the right to refuse testimony, admonished to testify truthfully, and alerted to the legal consequences of false testimony in accordance with the Swiss Criminal Code (Articles 307 and 309 SCC).

4. The Cantonal Court hears witnesses according to the rules of the Civil Procedure Code.

1. The parties have the right to be heard by the competent authority either in writing or orally before the decision is rendered.

2. If an indefinite number of persons may be affected by a decision, the authority may, before issuing the decision, publish the request or the draft decision in the Official Gazette, indicating the location where the records may be inspected. The authority shall set a reasonable deadline for raising objections, highlighting the consequences of forfeiture. This is subject to special legislation which mandates public consultation.

1. The parties are to be summoned for inspections and witness examinations. They may have questions posed to the witnesses through the authority.

2. If the protection of important public or private interests requires it, witnesses may be questioned in the absence of the parties, and the parties may be denied access to the examination records. Article 26 shall then apply.

3. If the nature of the matter requires it, the inspection may be conducted in the absence of the parties.

1. The authority is not required to hear the parties

a) * when it issues enforcement measures;

b) * when it issues interim orders that are not independently appealable;

c) * when the order fully meets the requests of the parties;

d) * when the order can be contested by objection.

1. In urgent cases, the authority may dispense with a hearing of the parties.

2. The hearing must be conducted subsequently if it is requested in the appeal proceedings.

1. In a matter involving conflicting interests of several parties, the authority hears each party on the substantial submissions of the opposing party.

2. The authority assesses all substantial timely submissions of the parties as well as late submissions that appear to be decisive.

1. An order that establishes the legal position for a party may not be subsequently altered to the detriment of that party by the issuing authority or any other authority without prior hearing of the party.

1. The party or its representative has the right to inspect the files of the administrative procedure in question at the seat of the authority or at an office designated by the authority, provided that the transmission does not cause disproportionate effort.

2. As a rule, the party may request copies for a fee.

3. If the party is represented by a lawyer registered in a cantonal attorney register or on the public list, the file may be sent to their law office for inspection upon request and against payment of a calculated flat fee.

1. If essential public or private interests require the confidentiality of a document from a party, the authority shall consider the possibility of disclosing this document confidentially to the party's representative.

2. The authority may limit itself to communicating the essential content of the document orally or in writing.

3. If a party is denied access to a document, it may only be relied upon to the detriment of the party if the authority has informed them orally or in writing of its essential content relevant to the matter and furthermore has given them the opportunity to express themselves and to identify counter-evidence.

1. The authority may suspend the inspection of the records if the conduct of an official investigation that has not yet been concluded requires it.

2. The inspection of pleadings and documents submitted by the party itself must not be refused.

1. Concerning evidence, the following apply subsidiarily

a) the provisions of the Swiss Civil Procedure Code;

b) the provisions of the Swiss Criminal Procedure Code for pronounced penal orders.

1. The authority or its president shall, ex officio or upon request, take the necessary precautionary measures to preserve an actual or legal condition or to safeguard endangered interests.

1. The authority shall communicate the order to the parties in writing. In such cases, the order must be designated as such, even if it is communicated in the form of a letter.

2. If the nature of the matter requires, the order may be communicated orally. It must be confirmed in writing if the affected party, who has been informed of their right during the oral communication, requests it within five days.

3. The written order must be justified in terms of both factual and legal aspects. It must be dated and signed. It must contain guidance on the permissible ordinary legal remedy, including the deadline.

4. The deadline for legal remedies begins from the written communication or confirmation.

1. The authority issues its decision by publication in the official gazette to a party whose identity, residence, or whereabouts are unknown and who has no reachable representative.

2. Publication in the official gazette may also occur in a matter that concerns a large number of interested parties. However, the decision must be individually delivered to the parties who participated in the proceedings.

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

1. As long as no specific regulations, the nature of the matter, the principle of good faith, or other generally recognized legal principles oppose it, the authority may, on its own initiative or upon request

a) * withdraw a defective order if important public interests that cannot be otherwise safeguarded so require;

b) * amend or revoke legally binding orders if the legal prerequisites are no longer fulfilled due to a significant change in the legal or factual situation.

2. An order may be revoked even if it has formally become res judicata.

3. A party is entitled to compensation if they suffer damage due to the revocation or amendment for which they are not responsible. The assertion and limitation period of the claim are subject to the provisions of the law on the liability of public entities and their officials.

1. A request for reconsideration is permissible at any time. It does not suspend the running of time limits.

2. The authority is only obliged to reconsider a decision if

a) the situation has changed significantly since the first decision;

b) the applicant invokes significant facts or evidence that were not presented in the previous proceedings because the applicant was unable to do so or had no reason to.

3. ...

1. The unlawful refusal or delay of a decision can be contested at any time before the competent legal authority (Art. 5 para. 4).

2. If the appellate authority upholds the appeal against denial of justice, it shall remand the case to the lower instance with binding instructions.

3. If a party suffers damage due to the unlawful delay, they are entitled to compensation. The assertion and limitation of the claim are governed by the provisions of the Law on the Liability of Public Entities and their Officials.

1. Legislation determines the cases in which objections against a decision are allowed.

2. An objection can be filed with the authority that issued the decision within 30 days of its announcement.

3. The affected party must be informed of the possibility of objection in the decision.

1. Objection may be raised by anyone entitled to lodge a complaint (Art. 44).

1. The objection must be submitted in writing and briefly justified with an indication of any evidence.

1. The objection has a suspensive effect.

1. The authority subjects its decision to a new examination, unrestricted in both factual and legal aspects.

2. It may amend the decision to the detriment of the appellant only under the conditions set out in Article 61, paragraphs 2 and 3.

3. Only the decision on the objection is subject to appeal.

1. The objection can be withdrawn as long as the authority has not made a decision on it.

1. Moreover, the general provisions (Art. 7-31) are applicable to the objection procedure.

1. Cantonal or municipal legislation may assign an administrative authority with the prosecution and adjudication of infractions.

2. The competent administrative authority must declare itself not competent in favor of the investigating authority at the place of the offense

a) * if, based on the facts of the case, it concludes that there is an offense in the sense of a felony or misdemeanor;

b) * ...

c) * if the injured party asserts their rights in the criminal proceedings.

1. The Swiss Criminal Procedure Code is applicable for the prosecution and judgment of a federal infraction.

2. Articles 34j and the following of the present law are applicable for the prosecution and judgment of a cantonal infraction.

1. Penal orders may be issued without prior hearing of the accused in the form of a summarily justified order of punishment, provided that

a) the facts of the case are sufficiently clarified;

b) the criminal offense can be sanctioned with a fine of up to 5,000 francs.

2. The order of punishment is not subject to fees.

1. The accused may file an objection to the penalty order in accordance with the provisions of Articles 34a to 34g.

2. If he fails to file an objection or withdraws it, the penalty order is equivalent to an enforceable judgment.

3. Only the decision on the objection may be appealed to a judge of the cantonal court.

1. If the conditions for a summary procedure (Art. 34j para. 1) are not met, the authority shall proceed according to the general provisions of the present Act or special legislation. Its decision is subject to appeal to a judge of the Cantonal Court.

1. The Swiss Code of Criminal Procedure governs the appeal process subject to the following provisions

a) only the convicted person may file an appeal;

b) the appeal declaration must be lodged with the competent judge within 30 days from the delivery of the decision;

c) the competent judge informs the administrative authority of the appeal declaration, granting it a deadline to submit the case file and its comments, which in turn are communicated to the appellant with a set period for a response;

d) he/she completes the investigation if deemed necessary;

e) with the appellant's consent, he/she decides without hearings;

f) he/she may confirm or mitigate the decision.

1. Upon request, any person demonstrating a legitimate interest may obtain knowledge of the operative part of the penal order or the penal decision, according to the modalities established by the administrative authority.

1. The competent authority in the matter may issue a declaratory decision concerning the existence, non-existence, or scope of public law rights or obligations, either ex officio or upon request.

2. A request for a declaratory decision must be granted if the applicant credibly demonstrates a legitimate interest.

3. No party shall suffer disadvantages for having acted in legitimate reliance on a declaratory decision.

1. An order may be enforced when it can no longer be contested by any legal remedy, or when the legal remedy does not have a suspensive effect, or if the suspensive effect it possesses is withdrawn.

1. The authority of first instance shall enforce the orders it has issued itself and the appeal decisions rendered in the same matter.

2. It is authorized to delegate the enforcement to a subordinate authority.

1. Orders for payment of money or provision of security shall be enforced through debt collection procedures in accordance with the Federal Act on Debt Collection and Bankruptcy. They are equivalent to enforceable judgments within the meaning of Article 80 of that Act.

2. ...

1. In order to enforce other orders, the authority shall take the following measures

a) * the substitutional execution by the competent authority itself or by an appointed third party at the expense of the obligated party. The costs are to be determined by a special order;

b) the direct compulsion against the person of the obligated party or against their property;

c) the initiation of criminal proceedings, insofar as the law provides for a penalty;

d) * the initiation of criminal proceedings in accordance with Article 292 of the Criminal Code, insofar as no other penal provision applies due to disobedience.

2. Before the authority resorts to a coercive measure, it shall request the obligated party to comply and allow them a reasonable period to do so. If there is imminent danger, the order is to be enforced immediately.

1. The authority may not employ any means of coercion more severe than the circumstances require.

1. The authority shall, on its own initiative, refund any amounts that were not owed or were excessively paid.

2. Both the authority and the citizen may request reimbursement of amounts mistakenly paid. The request for reimbursement must be made within one year from the discovery of the mistake, but no later than ten years from the date of the mistaken payment, otherwise it shall be forfeited. The authority’s decision is subject to appeal.

3. The amount to be refunded is subject to interest at the legal rate from the date of the request.

1. Final orders are subject to appeal. Preliminary and interim orders must be contested together with the final order.

2. Preliminary or interim orders that may cause irreparable harm can be independently appealed.

1. Orders Subject to Independent Appeal as Interim Decisions Under Article 41, Paragraph 2, Specifically Include Orders Regarding

a) Jurisdiction (Art. 7 and 8);

b) Disqualification (Art. 10);

c) Suspension of Proceedings;

d) Investigation of the Facts (Art. 17 to 28);

e) Provisional Measures, Notably the Denial or Revocation of Suspensive Effect (Art. 51 and 52);

f) Legal Aid (Art. 93).

1. An appeal may be lodged with the administrative authorities if no other legal remedy is available to the cantonal insurance court or the Grand Council, or if no other legal recourse is open.

2. In the absence of an explicit legal provision, the Council of State is the appeal body.

1. Entitled to Appeal

a)* anyone affected by the contested decision and having a legitimate interest in its revocation or amendment;

b)* any other person, organization, or authority, provided the law authorizes them to do so.

2. Not entitled to appeal is anyone who did not exercise the opportunity to act before the lower instance.

3. The entitlement to appeal shall be examined by the appellate authority ex officio.

1. The appeal must be filed within thirty days, and in the case of an interim order (Art. 41 and 42), within ten days from the notification of the order.

2. The differing provisions of the previous cantonal law are repealed, except in matters of elections and referenda.

3. Articles 14 paragraph 2 and Article 34 paragraph 1 remain reserved.

1. The appellant may challenge the legal violations as well as the inexpediency of the decision through the complaint.

2. The incorrect or incomplete determination of the facts, the violation of an essential procedural rule, as well as the excess or abuse of discretion are considered to be legal violations.

3. The complaint regarding inexpediency is inadmissible if the matter falls within the autonomous domain of the municipality or a municipal association.

4. New requests, assertions of fact, and motions for evidence are permissible.

1. The appeal document must be submitted to the appellate authority in as many copies as there are interested parties.

2. The appeal document must include a concise statement of the facts and the grounds, indicating the evidence, as well as the requests. It must be signed and dated by the appellant or their representative.

3. A copy of the contested decision and the documents cited as evidence must be attached, insofar as the appellant has them in their possession.

1. If the complaint does not meet these requirements, or if the requests or reasoning of the complainant lack the necessary clarity, and the complaint does not appear to be obviously inadmissible, the appellate instance shall grant the complainant a short additional period to improve the complaint document.

2. This additional period is accompanied by a warning that, if it expires without being utilized, a decision will be made based on the records, or if requests, reasoning, or signature are missing, the complaint will not be entertained.

1. Upon a justified request, the complainant may be granted a reasonable extension for the supplementation of the complaint.

1. The appeal has a suspensive effect.

2. If the order does not concern a monetary payment, the lower instance may, for sufficient reasons, withdraw the suspensive effect of a possible appeal in whole or in part; the same authority is granted to the appeal instance or, if it is a collegial authority, to its chairperson after the submission of the appeal.

3. The appeal instance or its chairperson may, ex officio or upon request, restore the suspensive effect withdrawn from an appeal by the lower instance.

4. If the withdrawal of the suspensive effect results from the substantive decision, the request for restoration can only be made together with the appeal against this decision or at a later stage. This request or the independent appeal against the interim order regarding refusal or withdrawal of the suspensive effect has no suspensive effect and must be decided without delay.

5. If, on the one hand, the suspensive effect is arbitrarily withdrawn, or on the other hand, a request for the suspensive effect or an independent appeal against an interim order concerning refusal or withdrawal of the suspensive effect is arbitrarily dismissed or decided too late, the entity or autonomous institution in whose name the authority made the order shall be liable for the resulting damage.

1. The instruction of the appeal cannot be entrusted to an authority that participated in the preparation of the contested order.

2. The handling of administrative matters pending before the State Council as an appeal body is the responsibility of the State Chancellery or another office designated by the State Council. This office conducts the investigation ex officio and, after its conclusion, submits a proposal to the State Council.

1. If the complaint is not deemed obviously inadmissible, the appellate authority shall submit it to the authority or office whose decision is being challenged, for a statement, with a request to send their files. Any other parties involved shall be informed of the complaint and given a deadline to submit their statement.

2. The statements shall be communicated to the complainant for their information.

1. The appellate authority may, if it deems it appropriate, invite the parties to further exchange of written submissions. In suitable cases, it facilitates an amicable settlement.

1. The general procedural principles, particularly the provisions concerning the establishment of the facts (Art. 17-28a), are applicable.

2. The appeal authority provides the parties with the memorandum or the record of the examination of informants, if these are added to the file, after the parties have inspected the dossier.

1. The lower court may reconsider the contested decision.

2. It shall communicate its new decision without delay to the appellate instance and the parties.

3. The appellate instance shall continue to process the appeal, insofar as it has not been rendered moot by the new decision of the lower court.

1. The appeal may be withdrawn as long as a decision on the matter itself has not been made.

1. The appellate instance may summarily decide not to entertain an obviously inadmissible appeal or to dismiss an obviously unfounded appeal; if applicable, it may refer to the reasoning of the contested decision.

1. If the appellate authority considers the case, it shall render a decision on the merits itself or remand the case to the lower instance for a new decision with binding instructions.

2. Only the judgment may be delivered to the parties; this document contains the designation of the appellate authority, the parties and their representatives, the dispositive part, the date and place of the decision, as well as the signature of the president. The judgment acquires legal force 30 days after delivery, unless one of the parties requests, within this period, a written decision with reasons and considerations; if such a request is made, the appeal period begins with the delivery of the reasoned decision.

3. Additionally, the authority shall be guided by Articles 29 and 30 concerning the reasoning and delivery of decisions.

1. The appellate body is not bound by the claims and grounds presented by the parties. It may modify the contested decision in favor of one party.

2. It may amend the contested decision to the detriment of a party if the decision is unlawful or based on an incorrect or incomplete determination of the facts.

3. If the appellate body intends to amend the contested decision to the detriment of the appealing party, it shall inform the party of this intention and provide an opportunity for the party to respond.

1. The complaint must be decided within a period of six months, calculated from the date of its submission.

2. This period can only be extended if justified by circumstances beyond the authority's control (expertise, etc.).

1. The appellate instance shall revise its decision ex officio or upon request of a party if it has been influenced by a crime or offense.

2. Furthermore, it shall revise upon request of a party if the party

a) presents new significant facts or evidence, or

b) demonstrates that the appellate instance has overlooked significant facts that are on record, or

c) demonstrates that the appellate instance has violated the provisions regarding recusal (Art. 10) or the determination of facts (Art. 17 to 28a).

3. Reasons under paragraph 2 shall not be considered grounds for revision if the party could have raised them in the context of the proceeding preceding the appellate decision, or by way of an appeal to which they were entitled against the appellate decision.

4. Additionally, revision is permissible if the European Court of Human Rights, the Committee of Ministers of the Council of Europe, or another recognized European body has upheld an individual complaint due to a violation of the Convention for the Protection of Human Rights and Fundamental Freedoms of November 4, 1950, and its protocols, and reparation is only possible through a revision.

1. The request for revision must be submitted in writing to the appellate authority within 90 days from the discovery of the ground for revision, but at the latest within ten years from the issuance of the appellate decision.

2. After ten years have elapsed from the issuance of the appellate decision, a request for revision is only permissible on the ground stated in Article 62, paragraph 1.

3. Articles 48 to 50 apply to the content, form, amendment, and supplementation of the request for revision; the reasoning must specifically demonstrate the ground for revision and the timeliness of the request for revision. It must also contain the requests for the event of a new appellate decision.

1. The appellate body shall, upon written request from a party, clarify the decision on appeal if it suffers from ambiguities or contradictions either within its operative part or between the operative part and the reasoning.

2. A new period for lodging legal remedies begins only in the event of clarification and upon its delivery.

3. The appellate body may, either ex officio or upon written request from a party, correct editorial and calculation errors or other oversights in its decision at any time.

1. The Cantonal Administrative Court constitutes a division of the Cantonal Court: the Public Law Division.

1bis The Cantonal Tax Court constitutes a division of the Cantonal Court: the Tax Law Division. It is composed of judges, deputy judges, and associate judges.

2. The Cantonal Insurance Court constitutes a division of the Cantonal Court: the Social Security Law Division.

3. A single judge of the Public Law and Social Security Law Divisions can decide alone in the following cases

a) in appeals against a departmental decision;

b) in appeals against procedural decisions;

c) in appeals against provisional measures, preparatory or intermediary decisions that are independently contestable.

3bis A single judge of the Tax Law Division can decide alone in the following cases

a) in appeals against procedural decisions;

b) in appeals against provisional measures, preparatory or intermediary decisions that are independently contestable.

4 ...

1. The provisions of the Law on Judicial Authorities and the Enforcement Decree shall apply with respect to

a) the judges, court clerks, bailiffs, and administrative staff;

b) * the operations of the public law, tax law, and social security law departments;

c) the supervision by the Grand Council;

d) financial autonomy.

1. Subject to any contrary statutory provisions, the Cantonal Court adjudicates administrative appeals against final decisions of administrative authorities (Art. 3) in administrative matters (Art. 4 and 5).

1. In administrative matters which under previous law (January 1, 1978) were decided by the Council of State as the sole administrative authority, but which, after the coming into effect of this law, fall under the final jurisdiction of the Cantonal Court, the authority to make first-instance decisions is transferred to the competent departments, unless the Cantonal Constitution provides for the exclusive jurisdiction of the Council of State.

**1. If the Council of State, in a matter subject to appeal to the Cantonal Court, issues instructions to the lower instance outside an appeal procedure for denial of justice (Art. 34) or outside a remand procedure (Art. 60 Sec. 1) regarding either the substance or the manner of its decision, it must refer an appeal addressed to it to the Cantonal Court for direct handling. In such cases, the Cantonal Court shall review the allegation of impracticality if the Council of State could have reviewed it.**

**2. If an appeal decision by the Council of State can be contested through an appeal to the Cantonal Court, the Council of State may, with the appellant's consent and without rendering a decision, transfer the dispute for direct handling to the Cantonal Court:**

a) **if only legal questions are disputed (Art. 78 let. a);**

b) **if impracticality is alleged and this objection is permissible before the Cantonal Court (Art. 78 let. b).**

1. The administrative court appeal is inadmissible if the matter falls under the competence of the Grand Council or the social insurance law division, or if another ordinary legal remedy exists.

a) * ...

b) * ...

1. The administrative court appeal is inadmissible

a) **\*** against orders concerning the approval of decrees;

b) **\*** ...

c) **\*** ...

d) **\*** against orders relating to the supervision of cantonal authorities;

e) against the granting or refusal of contributions, loans, guarantees, compensations, and other public law benefits, to which there is no legal entitlement;

f) **\*** ...

g) **\*** against decisions in matters of health planning;

h) **\*** against orders regarding the appointment, promotion, and transfer of office holders.

1. The administrative court appeal is inadmissible

a) * against orders concerning the internal security of the canton;

b) * ...

c) * ...

d) * ...

e) * ...

f) * ...

g) * ...

h) * against decisions of the Grand Council in the field of road construction, when it concerns the classification of roads;

i) * ...

k) * ...

l) in the field of tax law against orders on indexation at the municipal level (Art. 178 of the Tax Law), on accession to a tax allocation agreement or concerning the distribution method (Art. 186 of the Tax Law), and on the issuance of invoices and budget forecasts (Art. 231 of the Tax Law).

m) * ...

1. The administrative court appeal is inadmissible

a) against interim orders and decisions regarding complaints of denial of justice and delay of justice, when the administrative court appeal against the final order is inadmissible;

b) against orders concerning procedural costs and party compensations, when the administrative court appeal in the main matter is inadmissible;

c) against orders concerning the enforcement of orders, unless the violation of Article 39 (Principle of Proportionality) is alleged;

d) against orders concerning the complete or partial revocation of orders against which the administrative court appeal is inadmissible.

1. In the cases mentioned in Articles 75 and 76, the administrative court appeal is nevertheless admissible if federal law requires a higher court as the instance immediately preceding the Federal Court.

1. The complainant may allege in the appeal

a) Legal violations, including exceeding or abusing discretion and incorrect or incomplete determination of the facts relevant to the law;

b) the inexpediency

1. of orders regarding admission to public institutions,

2. of orders regarding the protection of minors,

3. of orders regarding admission to public institutions,

4. of orders that can be appealed to a federal authority with unlimited authority to review,

4.bis * of orders of the tax authorities,

5. of other orders, provided that the law so provides.

1. The Cantonal Court may neither exceed the requests of the appellant nor amend the contested decision to their detriment.

2. It is not bound by the reasoning of the appellant's requests.

3. The introduction of new factual and legal grounds is permitted, unless explicitly excluded by law.

4. ...

1. Legally or judicially prescribed time limits are suspended

a) * from the seventh day before Easter to and including the seventh day after Easter;

b) from July 15 to and including August 15;

c) * from December 18 to and including January 5.

1. The following provisions are applicable by analogy to the appeal procedure

a) * Right to appeal: Art. 44;

b) Time limit for appeal: Art. 46;

c) Appeal brief: Art. 48 to 50;

d) * Effect and instruction of the appeal: Articles 51 and 53 to 58;

e) * Admissibility of the appeal and decision on the appeal: Articles 59, 60, and 61a;

f) * Clarification and correction: Article 64.

2. With respect to the reasoning and issuance of the decision, Articles 29 and 30 are applicable. If an ordinary legal remedy is available to a federal authority, it must be indicated.

1. Furthermore, the provisions of the Code of Civil Procedure shall apply subsidiarily.

1. The Cantonal Court acts as the sole instance for adjudicating appeals in the field of tax and social security law.

2. Subject to specific federal or cantonal regulations, the procedure of administrative jurisdiction is applied analogously.

3. The tax and social security law divisions are not bound by the claims of the parties. They are authorized to amend the decision to the detriment of the appellant or grant more than requested. In such cases, they must provide the parties with the opportunity to express their views on the matter or to withdraw the appeal.

1. The Cantonal Court acts as the sole instance in adjudicating claims in public law disputes of a pecuniary nature that cannot be the subject of a decision appealable to this court (Art. 41 and 72).

1. Administrative legal action to the Cantonal Court is particularly admissible

a) in property-related disputes between public-law entities;

b) in property-related disputes arising from concessions and administrative contracts in which a public-law corporation or institution is a party;

c) * ...

d) in disputes concerning the determination of municipal boundaries, subject to the jurisdiction of the Grand Council for the allocation of territories;

e) * ...

f) * ...

g) * in other matters that the Cantonal Court judges as the sole instance, provided a cantonal law stipulates this;

h) * in other public-law disputes for which federal law designates a cantonal judicial authority as the first instance.

1. In the following cases, the jurisdiction of the civil courts is reserved

a) * Disputes regarding claims for damages, satisfaction, and recourse arising from the liability of public entities and their officials;

b) * Disputes of a proprietary nature between the notary and the parties within the scope of a public notarization as well as disputes between the official surveyor and third parties within the scope of his official duties; subject to the powers conferred by special legislation to the administrative authority;

c) Disputes between the state or municipalities and contractors or suppliers of public works regarding the interpretation and execution of the agreements made.

1. The provisions concerning the administrative court appeal before the cantonal court shall apply mutatis mutandis to the administrative law claim, subject to

a) * special contrary provisions;

b) * Articles 86 and 87 of the present law.

1. The judge assigned to the instruction of the case may, on their own initiative or upon the request of a party, seek an amicable settlement.

1. In simple cases, the Cantonal Court may conduct the following summary procedure

a) it summons the party at short notice by registered letter, stating the reason;

b) it generally decides based on the documents submitted with the complaint or during the session; if necessary, it may supplement the files, in particular by questioning parties or witnesses and requesting documents;

c) it usually holds a session with the participation of the court clerk; it may decide at short notice even in the absence of the parties;

d) the decision briefly outlines the course of the proceedings, the important submissions of the parties, the facts, and the reasoning;

e) a decision made in the absence of the parties does not have the effect of a default judgment.

1. The public law action procedure is analogously applicable for the assessment of social security law claims before the social security law division.

**1. Whoever initiates or requests an official action is required to pay the fee determined by the authority. They may be obligated to fully or partially reimburse expenses.**

2. If multiple parties act jointly, they are jointly liable for the costs, unless the authority decides otherwise. This provision applies to cases of joint representation (Art. 11a) and the joining of proceedings (Art. 11b).

3. ...

4. Cash expenses include expert fees, witness fees, and other costs incurred by the handling of the matter.

5. The party causing unnecessary expense is liable for it in any case, even if they prevail in the matter.

6. If the collection of evidence involves relatively high costs, the authority may condition the taking of such evidence on the party advancing the costs within a set deadline.

1. In an appeal procedure, the losing party is generally required to bear the costs. If the party loses only partially, the costs are reduced.

2. Exceptionally, the costs may be waived in whole or in part.

3. ...

4. Federal, cantonal, and municipal authorities that appear as parties or lower instances in a proceeding within their official capacity and without it being a matter of their proprietary interest are generally not charged with costs.

1. The appellate authority or the office entrusted with the instruction of the case by the appellate authority may require the appellant to provide a deposit to cover costs. It shall set a time limit of 30 days for this purpose and warn the appellant that failure to comply will result in the appeal not being entertained.

1. Except in cases to which Article 88 paragraph 5 applies, the appellate authority shall, upon request, grant the prevailing party full or partial reimbursement of the necessary costs incurred (expenses).

2. The compensation shall be quantified in the operative part and shall be charged to the state and municipal treasury, unless it can be justifiably imposed on the losing party.

3. Authorities or organizations entrusted with public tasks that prevail are generally not entitled to party compensation.

1. No advance payment of costs or cost guarantee is required from public corporations.

1. All provisions contrary to this law are repealed, namely

a) the Law concerning the Organization and Powers of the Court for Administrative Disputes from December 1877;

b) the Resolution on Administrative Procedures before the State Council and its Departments dated October 11, 1966.

2. This law and the associated implementing decrees are applicable in lieu of provisions that are repealed by them and are referred to in the current legislation.

1. The following legal texts are adjusted and amended as follows

a) Law on the Judicial Authorities of May 13, 1960;

b) Law, amended on October 6, 1976, on the Organization of the Court tasked with deciding on competency conflicts between the Administrative and Judicial Authorities of May 25, 1877;

c) Tax Law of March 10, 1976;

d) Law on the Legal Profession and on Judicial and Administrative Legal Assistance of January 29, 1988;

e) Law on Municipal Ordinance of November 13, 1980.

1. Proceedings that have already been initiated at the time this law comes into effect will be concluded in the instance where they are pending according to the provisions of the previous law.

2. The appeal procedure is governed by the new law.

1. The State Council determines the date of entry into force of this law.

2. This law is subject to a referendum.