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Art. 39 Legge federale del 16 dicembre 2005 sulla protezione degli animali (LPAn) - Diritto di accesso
LPAn; Capitolo 6: Disposizioni finali
Art. 39 LPAn · Diritto di accesso
Le autorità incaricate dell’esecuzione della presente legge hanno accesso ai locali, alle attrezzature, ai veicoli, agli oggetti e agli animali; in tale funzione hanno qualità di organi della polizia giudiziaria.
Decisioni giudiziarie che applicano questa disposizione (45)
AK.2024.125.AK · sg (Art. 39 TSchG)
Criminal Prosecution Authorization Denial in Animal Welfare Inspection Case
Cited in the reasoning defining the authority's status during access to premises, which supports the lawfulness of the entry.
A/190/2020 · ge (art. 39 al. 2 LPA)
Health Insurers v. Physician: Cost-Effectiveness Dispute and Expert Assessment
Cited as the basis for applying grounds for recusal to experts.
A/2603/2019 · ge (art. 39 al. 2 LPA)
Physician Billing Review Due to Statistical Model Inadequacy
Cited to establish that the recusal grounds of Article 15 (1) LPA apply to experts.
WBE.2023.52 · ag (Art. 39 TSchG)
Farmer v. Department of Health and Social Affairs (Animal Welfare)
Provides the legal basis for the veterinary service's access to premises and animals for animal welfare inspections.
A/253/2021 · ge (Art. 39 al. 1 LPA)
Dispute Over Increased Disability Pension Post-1988 Accident with Need for Orthopedic Expertise
Cited regarding the deadline given to parties to propose the recusal of experts.
A/2458/2020 · ge (art. 39 al. 2 LPA)
Claimant v. Insurance Company Regarding Disability Benefits and Pension Calculation
Cited in the context of applying grounds for recusal to experts.
A/283/2023 · ge (art. 39 al. 2 LPA)
Federal Office Appeal Regarding Cantonal Authorization for Animal Experiments Requiring Expert Opinion
Cited in the reasoning preceding the operative part, concerning the deadline given to parties to challenge the appointed experts.
A/2077/2022 · ge (Art. 39 al. 2 LPA)
Claimant v. Insurer Regarding Medical Expert Selection and Procedure
Cited regarding the application of challenge causes to experts.
A/2077/2022 · ge (art. 39 al. 2 LPA)
Claimant v. Insurer Regarding Medical Expert Selection and Procedure
Cited regarding the application of challenge causes to experts.
WBE.2022.204 · ag (Art. 39 TSchG)
Cantonal Veterinary Service v. Dog Owner
Cited to support the jurisdiction of the cantonal veterinarian service based on the right of access to premises, facilities, vehicles, objects, and animals when suspected of violating animal protection laws.
A/1001/2020 · ge (Art. 39 al. 1 LPA)
Appeal Regarding Disability Degree for Mental Health and Alcohol Dependence: New Expert Examination Ordered
Cited in the reasoning leading to the rejection of the motion to recuse the experts, although the final order only addresses the merits and costs.
A/446/2021 · ge (Art. 39 al. 1 LPA)
Insured v. Accident Insurer: Disability Benefits Causation Dispute
Cited in the reasoning regarding the deadline given to parties to propose the recusal of experts.
A/629/2019 · ge (art. 39 al. 1 LPA)
Insurer v. Insured: Recusal of Orthopedic Expert in Coverage Dispute
Cited to confirm that the recusal request was submitted within the required timeframe.
A/629/2019 · ge (art. 39 al. 2 LPA)
Insurer v. Insured: Recusal of Orthopedic Expert in Coverage Dispute
Cited to confirm that the recusal grounds applicable to administrative authorities also apply to experts.
7H 19 155 · lu (Art. 39 TSchG)
Veterinary Service Ban on Multiple Dogs Upheld Due to Public Safety Risk
Cited in the list of articles, relevant to the enforcement powers for animal protection law inspections.