Administrative jurisdiction (Switzerland)

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In Switzerland, the administrative judiciary exercises judicial control over sovereign acts. In all cantons - partly as a separate court, partly as a department of the higher or cantonal court - and at the federal level, an administrative court has been set up. The federal administrative court is the federal administrative court in St. Gallen . In addition to the actual administrative court, the cantons also have special courts such as the construction course court (or the construction course commission ) or the tax appeals court .

Administrative jurisdiction is typically subject to rulings by state authorities. In accordance with the respective cantonal or federal laws, other sovereign acts such as decrees ( laws or ordinances ) or real acts can also be reviewed by an administrative court. Sometimes the appeal to an administrative court is only possible after going through an internal administrative, non-judicial complaint procedure.

Most of the judgments of the administrative courts can be appealed to the Federal Supreme Court with a complaint on public law matters or with a subsidiary constitutional complaint . In some cantons there is a further cantonal appeal body in the form of a constitutional or (until the end of 2010) court of cassation .

literature

  • Benjamin Schindler : History of administrative jurisdiction in Switzerland. In: Karl-Peter Sommermann, Bert Schaffarzik (Hrsg.): Handbook of the history of administrative jurisdiction in Germany and Europe. Springer-Verlag, Berlin and Heidelberg 2019, pp. 1131–1164.
  • Alfred Kölz, Isabelle Häner, Martin Bertschi: Administrative proceedings and administration of federal administrative law. 3rd edition, Zurich 2013.
  • Daniela Thurnherr: The administration of administrative justice in the area of ​​tension between cantonal autonomy and standardization. In: Basler Juristische Mitteilungen 2013, pp. 217 ff.

Individual evidence

  1. ↑ Cf. Benjamin Schindler: The Codification of the Administrative Procedure in Switzerland. Lucerne 2012, p. 4.