Art. 29a Bundesverfassung der Schweizerischen Eidgenossenschaft (BV) - Rechtsweggarantie

BGE 152 I 20 (Art. 29a Cst.)

Transfer of sentenced prisoner abroad for execution of Swiss penalty: standing to challenge refusal under Article 29a of the Federal Constitution, and denial of right to be heard on opposing cantonal preavis.

Constitutional guarantee of access to a judge, used as the legal basis for granting the appellant standing to appeal the refusal of a transfer request.

BGE 151 I 19 (Art. 10 Abs. 2 und Art. 29a BV)

Patient’s opt-out of SAMW medical-ethical guidelines: no declaratory ruling on validity or on supervisory consequences for non‑observance by FMH physicians.

Main ground for dismissing the appeal regarding the declaratory ruling on the opt-out of SAMW guidelines and the need for a protectable interest.

BGE 151 II 197 (Art. 29a Cst.)

FINMA press release on closed enforcement proceeding held lawful under financial-market supervision duty, notwithstanding no publication of final decision.

Cited in the reasoning to guarantee judicial review of FINMA's decision to communicate; not cited in the dispositive, so excluded.

BGE 149 V 250 (Art. 29a BV)

Social assistance termination: informal cessation of payments before formal decision violates Art. 12/29a BV; partner's concubinage income may be imputed, but retroactive annulment fails absent prior formal notice.

Guarantees access to judicial review, requiring formal decisions subject to appeal.

A/4353/2021 · ge (art. 29a Cst.)

Official Detachment as Non-Appealable Internal Measure

The final order declares the appeal inadmissible because the contested communication constitutes an organizational measure, not a formal decision, which is an exception to the right to a judicial review provided by this article.

BVGE-2021-VII-8 (Art. 29a Cst.)

Refugee Status as Justification for Not Pursuing Syrian Citizenship

This provision guarantees the right to access to the courts, which the court considered in relation to the applicant's right to appeal.

A/703/2015 · ge (Art. 29a Cst.)

Police Official Reassignment and Salary Reduction Upheld

Examined in relation to the right of access to a court regarding the challenge of the function classification, finding no violation in the dispositive context.

A/704/2015 · ge (art. 29a Cst.)

Police Officer Reassignment Upheld Despite Static Salary and Blocked Increments

Cited in the reasoning when addressing the right of access to a judge concerning the challenge of the function classification.

100 2020 65 · be (Art. 29a BV)

Bern Cantonal Court Upholds 30 km/h Speed Limit Reduction for Traffic Safety

Cited in the reasoning (E. 2.3) by the appellants when arguing that the standard for establishing legitimacy was too high, implicating the constitutional right to an appeal.

93/2015/18 · sh (Art. 29a BV)

Non-Pledged Creditor Lacks Standing to Appeal Specialized Liquidation of Pledged Assets

Mentioned by the appellant as the constitutional guarantee potentially violated if the decision regarding the disputed claim were upheld without proper review, though this argument did not lead to the appeal's success.

100 2020 140 · be (Art. 29 Abs. 1 i.V.m. Art. 29a BV)

Cantonal Court Upholds Transit Site Vote Despite Annulment of Related Police Law

This provision grounded the applicants' claim for exceptional review of the completed vote, but the claim was ultimately rejected.

BVGE-2020-VI-5 (Art. 29a BV)

Asylum Procedure: Accelerated vs. Extended and Effective Appeal Rights

Cited as a ground for finding that the short appeal period in the accelerated procedure violates the right to effective legal recourse.

BGE 143 I 344 (Art. 29a Cst.)

Reclassification procedure opening as appealable interlocutory decision: right to judicial review of employer's dismissal grounds without forfeiting reclassification.

Main ground for admitting the appeal: the canton's refusal to examine the employee's challenge to the reclassification procedure violated the constitutional guarantee of access to justice.

VPB 150000206 (Art. 29a BV)

Swiss Army's Constitutional Mandate and Evolving Defense Needs

This provision guarantees the right to judicial review, applicable to administrative decisions concerning military service and potentially impacting defense-related obligations.

VWBES.2009.196 · so (Art. 29a BV)

Municipal School Zoning Appeal Jurisdiction Denial

Used to interpret the scope of the exception for politically motivated decisions under Art. 86 Abs. 3 BGG concerning the right to judicial review.