Appealing an administrative decision
The principle: two levels of rules
The procedure for appealing a decision of a federal authority is governed by the federal Administrative Procedure Act (PA). Decisions of cantonal and municipal authorities, on the other hand, fall under cantonal administrative procedure laws, the content of which varies from canton to canton, even though the general principles (right to be heard, appeal deadline, reasoning) are similar.
The appeal deadline
At federal level, the deadline to appeal a decision is 30 days from its notification (art. 50 PA), subject to special provisions setting a different deadline. Cantonal deadlines are generally close to this duration, but may differ: it is essential to check the deadline stated in the notice of legal remedies at the bottom of the decision itself.
The form of the appeal
The appeal must in principle be addressed in writing to the appeal authority designated in the decision, contain submissions and reasoning, and be accompanied by the contested decision. A decision that incorrectly states the legal remedies (competent authority, deadline, form) should in principle cause no prejudice to its recipient if they act within a reasonable time despite this gap.
Suspensive effect
An appeal in principle has suspensive effect, meaning it prevents enforcement of the contested decision until the appeal authority has ruled, unless the law or the authority that issued the decision expressly excludes this for reasons of public interest or urgency (art. 55 PA at federal level).
Frequently asked questions
What is the deadline to appeal a federal administrative decision?
30 days from notification of the decision (art. 50 PA), subject to a contrary special provision. The exact deadline applicable to a cantonal or municipal decision must be checked in the notice of legal remedies in the decision itself.
Does an appeal prevent enforcement of the contested decision?
In principle yes, an appeal has suspensive effect, unless the law or the authority expressly excludes it for reasons of public interest or urgency.
What should I do if the decision does not state the legal remedies?
The absence or inaccuracy of the notice of legal remedies should in principle cause no prejudice to the recipient, provided they act within a reasonable time as soon as they become aware of the possibility of appealing.
Are the appeal rules the same in every canton?
No, only decisions of federal authorities fall under the federal Administrative Procedure Act (PA); each canton has its own administrative procedure law, with deadlines and procedures that may differ.