951.1
VRP
CH-SG
CH-SG
Art. 81 Legge sulla procedura amministrativa (VRP) - Casi di riapertura
Terza Parte: Tutela Giurisdizionale nelle Controversie Amministrative - E. Richiesta di Riapertura del Procedimento
Art. 81 VRP · Casi di riapertura
1. Contro i provvedimenti e le decisioni, la riapertura del procedimento può essere richiesta con la motivazione
a) il provvedimento o la decisione siano stati influenzati da dolo o da atti punibili;
b) l'autorità si sia trovata in un errore manifesto riguardo a fatti decisivi;
c) l'autorità non abbia conosciuto fatti o mezzi di prova essenziali, che esistevano al momento dell'emanazione del provvedimento o della decisione.
2. La richiesta di riapertura sarà accolta solo se i motivi non possono essere invocati attraverso un rimedio legale ordinario e ciò fosse impossibile anche con un'adeguata diligenza ragionevole.
Decisioni giudiziarie che applicano questa disposizione (46)
EL.2024.29 · sg (Art. 81 VRP)
Supplementary Benefit Recalculation and Binding Prior Wealth Assessment
Cited in reasoning as the basis for a potential review of the decision through a resumption procedure.
B.2024.169 · sg (Art. 81 VRP)
Appeal Dismissed Regarding Reconsideration of Food Safety Order
Cited in connection with the requirements for readmission (Wiederaufnahme) cases, relevant to the scope of review for re-examination requests.
IV.2022.12 · sg (Art. 81 ff. VRP)
Denial of Reopening of Disability Insurance Case Due to Failure to Meet Procedural Conditions
The court declined to rule on the request for reopening the procedure based on the relevant cantonal provisions.
IV.2022.12 · sg (Art. 81 ff. VRP)
Administrative Authority's Attempt to Reopen Disability Case Based on Reinterpreted Evidence Dismissed
This provision governs the reopening of proceedings, and the court did not enter a decision on the merits of the reopening request.
UV.2021.42 · sg (Art. 81 VRP)
Jurisdictional Bar to Revision Due to Pending Supreme Court Appeal and Insufficient New Evidence
The court did not enter upon the revision request because the matter was pending before the Federal Supreme Court, which relates to the procedural inadmissibility discussed under Art. 81 VRP.
UV.2021.42 · sg (Art. 81 VRP)
Revision Application Denied Due to Prior Substantive Appeal and Lack of New Evidence
The court referred to this provision when discussing the inadmissibility requirement that grounds for revision cannot be raised in an ordinary appeal, which was implicitly the basis for not entering into the merits.
20.1103 · sg (Art. 81 Abs. 1 VRP)
Building Permit Reopening Denial on Grounds of Untimely Arguments
The court dismissed the request for reopening because the prerequisites for reopening the proceedings were not met (cited in the reasoning of Erw. 2.1 and 3).
20.1103 · sg (Art. 81 Abs. 1 VRP)
Reopening of Administrative Proceedings Regarding Building Permit Modification Denied Due to Failure to Raise Grounds Earlier
This provision governs the grounds for requesting the reopening of proceedings, which was the subject of the petition.
20.1103 · sg (Art. 81 Abs. 2 VRP)
Reopening of Administrative Proceedings Regarding Building Permit Modification Denied Due to Failure to Raise Grounds Earlier
This provision was used to deny entry into the substance of the request because the grounds could have been raised in ordinary appeal proceedings.
B.2019.126 · sg (Art. 81 Abs. 1 lit. a VRP)
Dismissal of Appeal to Reopen Professional Authorization Withdrawal Proceedings Based on Alleged Unlawful Conduct
The core issue reviewed was the existence of grounds for reopening the procedure based on fraud or criminal acts influencing the initial decisions.
B.2019.126 · sg (Art. 81 Abs. 1 lit. a VRP)
Dental License Reopening Denial on Grounds of Fraud
The appeal was dismissed after the court found no grounds for reopening the procedure based on allegations of criminal acts or deceit influencing the initial decisions.
B.2016.183 · sg (Art. 81 Abs. 1 lit. c VRP)
Teacher Misconduct and Immediate Termination Upheld
The court had previously established the existence of a ground for reopening under this article when deciding to reopen the proceedings.
B.2018.203 · sg (Art. 81 Abs. 2 VRP)
Driver's License Withdrawal Reopening Appeal Dismissed Due to Untimely New Evidence
This article was cited as the main legal basis for concluding that it was reasonable and possible for the appellant to use the ordinary appeal procedure, leading to the dismissal of the appeal concerning the resumption of proceedings.
B.2018.203 · sg (Art. 81 Abs. 2 VRP)
Driver's License Reopening Appeal Dismissed Due to Availability of Ordinary Appeal Remedies
The core ground for dismissing the appeal was that the appellant could and should have raised the grounds for reopening the procedure in the ordinary appeal procedure, as required by this provision.
UV.2016.22.UV.2016.60 · sg (Art. 81 Abs. 1 VRP)
Disability Pension Appeal Dismissed Due to Lack of Causal Link
Cited in the context of assessing the grounds for the failed request for re-examination (Wiederaufnahmebegehren).