Administrative Law

When Administrative Law Comes into Play

Administrative law governs the relationship between the state and private parties. It covers far more than dealings with officialdom in the narrow sense: a building permit, a tax assessment, a decision on contributions, the withdrawal of a driving licence, employment with a municipality, a public contract. The state acts here by formal decision — a sovereign individual act that establishes rights and duties and must carry a notice of appeal rights.

Procedure and Deadlines

The route has three stages: objection or appeal to the deciding or the superior body, then a complaint to the cantonal administrative court, and finally — where admissible — an appeal to the Federal Supreme Court (Art. 82 et seq. Federal Supreme Court Act). At federal level the procedure follows the Administrative Procedure Act, in the cantons the respective procedural statutes. In every case the deadline is decisive: it starts on notification, is usually thirty days and cannot be extended. If you are unsure, have the decision reviewed at once — not shortly before it expires.

Legal Protection and Procedural Guarantees

The Federal Constitution protects those affected: the right to equal and fair treatment and to a decision within a reasonable time (Art. 29(1)), the right to be heard and to inspect the files (Art. 29(2)), and the guarantee of access to a court (Art. 29a). Alongside come the principles of state action: legal basis, public interest, proportionality and good faith (Art. 5). A considerable share of successful appeals rests not on the substantive question but on procedural error.

Public Procurement

Anyone awarding public contracts is bound by procurement law: at federal level the Public Procurement Act, in the cantons the Intercantonal Agreement on Public Procurement and the cantonal implementing legislation. For bidders we review tender documents and the suitability and award criteria, raise defects in good time and lodge appeals against exclusion or award. Contracting authorities we support in setting up legally sound procedures. Deadlines here are particularly short, and suspensive effect usually has to be applied for separately.

Administrative Law in Eastern Switzerland

We represent private clients, companies and institutions before municipalities, cantonal offices and federal authorities — from our offices in Wil SG, Teufen AR and Zurich, with the cantonal particularities of St. Gallen, Appenzell Ausserrhoden, Thurgau and Zurich in view.