Administrative Appeal in Switzerland: Procedure

Federal Appeal System

A cascading system: objection (if applicable), Federal Administrative Court (FAC), then Federal Supreme Court (FSC). Governed by the Administrative Procedure Act (APA) and the Federal Supreme Court Act (FSCA).

Objection

Some federal laws provide for a prior objection to the issuing authority within 30 days (art. 50 APA). Full review power. Provided notably for AVS/DI (art. 52 ATSG), customs, direct federal tax.

Federal Administrative Court (art. 31-34 FACA)

Appeals against decisions of federal authorities (departments, offices, commissions). Covers: asylum/migration, federal social insurance, intellectual property, federal procurement, telecommunications. Deadline: 30 days (art. 50 para. 1 APA).

Grounds (art. 49 APA): violation of federal law (including abuse of discretion), incorrect/incomplete determination of facts, inappropriateness.

Federal Supreme Court (art. 82 et seq. FSCA)

Appeals against FAC and cantonal supreme court decisions. Conditions: exhaustion of lower remedies, standing (art. 89 para. 1 FSCA), 30-day deadline (art. 100 para. 1 FSCA), no exclusion (art. 83 FSCA lists exceptions). Only reviews violation of federal law (art. 95 FSCA), not appropriateness. Bound by lower court's facts unless manifestly incorrect (art. 97 para. 1 FSCA).

General Principles

Right to be heard (art. 29 para. 2 FC): right to express oneself, access the file, participate in evidence, obtain a reasoned decision.

Good faith (art. 5 para. 3 and 9 FC): authorities bound; reliance on erroneous official information may be protected.

Proportionality (art. 5 para. 2 FC): state intervention must be suitable, necessary and reasonable.