Administrative Procedure Act (APA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
A. Scope of application
I. Principle
Art. 1
1 This Act applies to the procedure in administrative matters that are to be dealt with by rulings of federal administrative authorities of first instance or on appeal. 2 Authorities in terms of paragraph 1 are: a. the Federal Council, its departments, the Federal Chancellery and the services subordinate to it, and businesses, institutions and other public offices of the Federal Administration; b. organs of the Federal Assembly and of the federal courts responsible for rulings in the first instance and appeal decisions in accordance with the Public Officials Act of 30 June 1927; c. autonomous federal institutions or businesses; [tab] cbis. the Federal Administrative Court; d. the federal committees; e. other authorities or organisations outside the Federal Administration, provided they are issuing an ruling in fulfilment of the federal public law duties assigned to them. 3 Only Articles 34−38 and 61 paragraphs 2 and 3 on the notification of rulings and Article 55 paragraphs 2 and 4 on
Para. 2 let. a — Amended by No II of the FA of 28 June 1972 on the Amendment of the Federal Constitution relating to the Terms of Employment of Federal Personnel, in force since 1 Jan. 1973 (AS 1972 2435; BBl 1971 II 1914). Para. 2 let. b — Amended by Annex No 4 of the FA of 8 Oct. 1999, in force since 1 Jan. 2000 (AS 2000 273; BBl 1999 4809 5979). Para. 2 let. b — [BS 1 489; AS 1958 1413 Art. 27 let. c; 1997 2465 Annex No 4; 2000 411 No II, 1853; 2001 894 Art. 39 para. 1, 2197 Art. 2, 3292 Art.
II. Exceptions
1. Partial application
Art. 2
1 Articles 12–19 and 30–33 do not apply to tax proceedings. 2 Articles 4–6, 10, 34, 35, 37 and 38 apply to the testing procedure in professional education and training examinations. 3 Compulsory purchase procedures are governed by this Act unless the Federal Act of 20 June 1930 on Compulsory Purchase provides otherwise. 4 The procedure before the Federal Administrative Court is governed by this Act, unless the Federal Administrative Court Act of 17 June 2005 provides otherwise.
Para. 3 — SR 711 Para. 3 — Amended by Annex No 2 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4085; BBl 2018 4713). Para. 4 — SR 173.32 Para. 4 — Inserted by Annex No 10 of the Federal Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202).
2. Non-applicability
Art. 3
This Act does not apply to: a. the procedures of authorities in terms of Article 1 paragraph 2 letter e if a direct appeal to a federal authority against their rulings is inadmissible; b. in relation to federal personnel, the procedure in the first instance relating to the establishment of an employment relationship, to the promotion of federal personnel, and to employment related directives to federal personnel and the procedure for the authorisation of the prosecution of federal personnel; c. administrative criminal proceedings and related criminal investigation proceedings; d. the procedure for the administration of military justice including the administration of military discipline, the procedure in military command matters in terms of Article 37 as well as the procedure in terms of Articles 38 and 39 of the Armed Forces Act of 3 February 1995, ...; dbis. the procedure in social insurance matters, provided the Federal Act of 6 October 2000 on the General Provisions of Social Insur
let. b — Part of sentence according to No 2 of the Annex to the FA of 19 Dec. 1986, in force since 1 July 1987 (AS 1987 932; BBl 1986 II 313). let. d — Amended by No 1 of the Annex to the FA of 22 June 1990, in force since 1 Jan. 1991 (AS 1990 1882; BBl 1989 II 1194). let. d — SR 510.10 let. d — Amended by Annex No 1 of the Armed Forces Act of 3 Feb. 1995, in force since 1 Jan. 1996 (AS 1995 4093; BBl 1993 IV 1). let. d — Third lemma repealed by Annex No 1 of the FA of 4 Oct. 2002, with effect f
III. Additional provisions
Art. 4
Provisions of federal law that regulate a procedure in more detail apply provided that they are not contradictory to the provisions of this Act.
B. Definitions
I. Rulings
Art. 5
1 Rulings are decisions of the authorities in individual cases that are based on the public law of the Confederation and have as their subject matter the following: a. the establishment, amendment or withdrawal of rights or obligations; a finding of the existence, non-existence or extent of rights or obligations; c. the rejection of applications for the establishment, amendment, withdrawal or finding of rights or obligations, or the dismissal of such applications without entering into the substance of the case. 2 Rulings are also enforcement measures (Art. 41 para. 1 let. a and b), interim orders (Art. 45), decisions on objections (Art. 30 para. 2 let. b, 46 let. b, and 74 let. b), appeal decisions (Art. 61 and 70), decisions in a review (Art. 68) and on explanatory statements (Art. 69). 3 Declarations made by authorities on the rejection or raising of claims that must be pursued by taking legal proceedings do not constitute rulings.
Para. 2 — Amended by Annex No 10 of the Federal Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202).
II. Parties
Art. 6
Parties are persons whose rights or obligations are intended to be affected by the ruling and other persons, organisations or authorities who have a legal remedy against the ruling.