Administrative Procedure Act (APA)
Amended by Annex No 3 of the FA of 4 Oct. 1991, in force since 1 Jan. 1994 (AS 1992 288, 1993 877 Art. 2 para. 1; BBl 1991 II 465).
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
A. ...
Art. 71a–71d
Inserted by Annex No 3 of the FA of 4 Oct. 1991 (AS 1992 288, 1993 877 Art. 2 para. 1; BBl 1991 II 465). Repealed by Annex No 10 of the Federal Administrative Court Act of 17 June 2005, with effect from 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202).
B. Federal Council
I. As appellate authority
1. Admissibility of the appeal
a. Subject matter
Art. 72
An appeal to the Federal Council is admissible against: a. rulings relating to the internal and external security of the country, neutrality, diplomatic protection and the other matters relating to external relations, unless international law confers the right to have the matter judged by a court; b. first instance rulings on the performance-related element of the salaries of federal personnel.
Art. 72 — 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).
b. Lower instances
Art. 73
An appeal to the Federal Council is admissible against rulings: a. issued by the departments and the Federal Chancellery; b. issued by authorities of final instance of autonomous institutions and of businesses of the Confederation; c. issued by cantonal authorities of final instance.
Art. 73 — 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).
c. Subsidiarity
Art. 74
An appeal to the Federal Council is inadmissible against rulings that may be contested by appeal to another federal authority or by objection.
Art. 74 — 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).
2. Appeal briefing procedure
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).
Art. 75
1 The Federal Department of Justice and Police shall conduct the appeal briefing procedure. 2 The Federal Council shall delegate the appeal briefing procedure in appeals against rulings of the Federal Department of Justice and Police to another department. 3 The briefing department shall submit its proposals to the Federal Council and shall exercise the powers held by the Federal Council as appellate authority until the decision is made.
3. Recusal
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).
Art. 76
1 The member of the Federal Council against whose department the appeal is filed shall not participate in the decision of the Federal Council. 2 His department may participate in the proceedings before the Federal Council as if it were an appellant and also within the framework of the joint reporting procedure under Article 54 of the Administration Organisation Act of 19 September 1978. 3 If the joint reporting procedure leads to new factual or legal submissions being made, the appellant, any respondents or other parties involved must be heard on these submissions.
Art. 76 — Amended by Annex No 3 of the FA of 4 Oct. 1991, in force since 15 Feb. 1992 (AS 1992 288 337 Art. 2 para. 1 let. b; BBl 1991 II 465). Para. 2 — [AS 1979 114; 1983 170, 931 Art. 59 No 2; 1985 699; 1987 226 No II 2, 808; 1989 2116; 1990 3 Art. 1, 1530 No II 1, 1587 Art. 1; 1991 362 No I; 1992 2 Art. 1 288 Annex No 2, 510, 581 Annex No 2; 1993 1770; 1995 978, 4093 Annex No 2, 4362 Art. 1,5050 Annex No 1; 1996 546 Annex No 1, 1486, 1498 Annex No 1. AS 1997 2022 Art. 63]. See now the Govern
4. Supplementary procedural provisions
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).
Art. 77
Articles 45–70 also apply.
II. As sole or first instance
Amended by Annex No 3 of the FA of 4 Oct. 1991, in force since 1 Jan. 1994 (AS 1992 288, 1993 877 Art. 2 para. 1; BBl 1991 II 465).
Art. 78
1 If the Federal Council issues a ruling as the sole or first instance, the department that is competent in the matter shall provide it with a proposal on the ruling. 2 The department shall exercise the powers held by the Federal Council until the ruling has been issued. 3 Articles 7–43 also apply.
C. Federal Assembly
Amended by Annex No 3 of the FA of 4 Oct. 1991, in force since 1 Jan. 1994 (AS 1992 288, 1993 877 Art. 2 para. 1; BBl 1991 II 465).
Art. 79
1 An appeal to the Federal Assembly is admissible against appeal decisions and rulings if a federal act so provides. 2 The appeal must be filed with the Federal Assembly within 30 days of notification of the appeal decision or the ruling. 3 The appeal shall have no suspensive effect unless a related provisional ruling has been issued by the Federal Council.
Para. 1 — Amended by No I 1 of the FA of 8. Oct. 1999 on Procedural Amendments to the new Federal Constitution, in force since 1. March 2000 (AS 2000 416; BBl 1999 7922).