Contesting an Administrative Decision in Canton of Vaud

Cantonal Framework (LPA-VD)

Administrative procedure in Canton of Vaud is governed by the Administrative Procedure Act (LPA-VD) of 28 October 2008. An administrative decision is an individual, concrete act applying public law (art. 3 LPA-VD).

Remedies

Prior Objection

For certain decisions, an objection to the issuing authority within 30 days (unless special deadline). The authority re-examines its own decision.

Appeal to Cantonal Court

Main remedy: appeal to the Court of Administrative and Public Law (CDAP) of the Cantonal Court within 30 days of notification (art. 92 LPA-VD).

Grounds (art. 95 LPA-VD): violation of law, incorrect determination of facts, inappropriateness (unless the law reserves the authority's discretion).

Federal Supreme Court

After exhausting cantonal remedies, within 30 days (art. 100 para. 1 LTF) for violation of federal law.

Procedure

Standing

Any person affected by the decision with a legitimate interest in its modification or annulment (art. 75 LPA-VD).

Content (art. 93 LPA-VD)

Conclusions, statement of facts, legal arguments, evidence. In French, signed.

Suspensive Effect

In principle, the appeal has suspensive effect (art. 98 LPA-VD). The authority may withdraw it if public interest requires.

Costs and Legal Aid

Costs borne by the losing party (art. 103 LPA-VD). Legal aid available if lacking means and appeal has chances of success (art. 18 LPA-VD). Social welfare and social insurance proceedings are often free or low-cost.

Deadlines: Absolute Vigilance

Deadlines are mandatory. A late appeal is inadmissible without exception. The deadline runs from notification (art. 91 LPA-VD). Postal date is decisive.