Reasonable route to school and entitlement to reimbursement of transport costs
Reasonable way to school and claim for reimbursement of transport costs by Dr. David Hofstetter 1. Initial situation The free provision of primary school education according to Art. 19 of the Swiss Constitution may give rise to a claim for reimbursement of transport costs if the way to school cannot be reasonably expected of a schoolchild due to excessive length or danger. In the cantons, the assessment of the [...]
Alexander Rey speaks at the SAV's continuing education days
Alexander Rey will speak on developments in construction, planning and environmental law at the Swiss Bar Association (SAV) Continuing Education Days on September 14-15, 2022 on the event's program.
Entitlement to attend school away from home free of charge
Entitlement to free out-of-school attendance by Dr. David Hofstetter 1. Initial situation Disputes between parents and school authorities about the place where compulsory school attendance is fulfilled or about the payment of school fees for out-of-school attendance are on the rise. The background of these disputes are difficulties of the school-age child in the traditional school. The problems are of different nature and [...]
Ordinary termination after expiry of the lock-up period
Ordinary termination after expiry of the vesting period due to lack of suitability as a result of illness of Dr. David Hofstetter 1. Facts The Administrative Court of the Canton of Aargau has ruled on a legal question of practical relevance for public personnel law in its judgment of September 20, 2021 in the proceedings WKL.2019.3. The judgment is published as a leading decision in the AGVE (Aargauische Gerichts- und Verwaltungsentscheide). The decision of the administrative court to [...]
The Federal Court changes its practice
The Federal Supreme Court changes its practice regarding the entry of dumping sites in the cadastre of polluted sites by Alexander Rey In its decision 1C_556/2020 of November 25, 2021, the Federal Supreme Court clarified its practice regarding the delimitation of the term "dumping" in connection with the entry in the cadastre of polluted sites. Under discussion were burdens of various kinds on [...]
New enforcement aid from the FOEN
New FOEN Implementation Guide on the Requirements for the Publication of Projects Subject to the Right of Association Appeals by Alexander Rey 1. Initial Situation Environmental protection organizations entitled to appeal lose their right to appeal if they have not already participated in the objection or appeal procedure of a project. The competent decision-making authority must therefore publish the project application in the first instance decision-making procedure in such a way that the organizations can [...]
Request for delivery of anonymous decisions
Request for service of anonymized decisions Judgment of the Federal Supreme Court 1C_307/2020 of June 16, 2021 (intended for publication in the Official Compilation) by David Hofstetter 1. Initial situation In its judgment of June 16, 2021, the Federal Supreme Court ruled in the proceedings 1C_307/2020 on the claim of a litigant for service of a large number of anonymized court decisions of the Canton of Zug. In the judgment, [...]