Monday 30 August 2010, 256th arbitrary Days
administrative law and civil justice
The Municipal Act defines the jurisdiction of the municipalities falls under the job assignment, under the laws of the Federation of Canton, the social assistance. The communities are the designated corrected welfare authorities.
comes in second place as the supervisory authority of the District and it is in appeals against orders of the municipalities in the first instance to the administration of justice. Probably the bigger and more powerful sister to the administration of justice, the civil court proceedings, governed by the Code of Civil Procedure to proceedings before the civil courts.
"live" The two sisters are not in harmony. Disagreement are not made of food envy, rather competence and coordination of the temporal method. Thus, for over civil Procedures create facts that undermine the administrative and legal procedures or distort decisions.
starting point to the current situation
An example is the second in the blog at Housing ratio of 29 listed available 01. 2007th The appeal against a decision of the municipality shall have suspensive effect, as enshrined in Article VVRG 51st The municipality (EEC) disregarded the suspensive effect to the amount of housing costs and set their permitted a partial payment of social assistance grants. The rent was not paid.
As a result, the existing lease, the landlord announced the expulsion of tenants who demanded he received. The EEC and the SMZ Nikolaital bypassed, the rent control, by the improper reduction of absolute poverty level, the outstanding rent prevented by the invocation of the tenant protection.
-enforced by the EEC resolution of the existing lease agreement came despite the suspensive effect and the current appeal, 70 110 A1, Stand and the forced expulsion was at 28 09. fixed 2007th
The Decision of the administrative law department lifted on 26 10. 2007, the disposal of 29 01. 2007, after the State already in the prior decision of 30 05. was repealed in 2007, the reduction of the "reduction of social assistance to compensate for too much aligned amounts".
The compliance of the suspensive effect would have prevented the expulsion order and comply with legal certainty. This misconduct had caused the following procedure and is the starting point of today's illegal status.
The EEC further blunders and costly, especially, she completed at 04 10. 2007 with the same tenant for the same house a new 19 ½ permanent tenancy agreement. The current monthly housing costs of CHF 1'800 .00 increased to CHF 2'400 .00. The EEC had, in the disposal of 29 01. 2007, a deduction to calculate the subsistence level of Fr.1 '250, 000 and "forced" unlawfully higher housing costs calculated on the basis of months Fr 1'150 .00. The "happy increase was us until 14 12. informed 2007th
Since the EEC to the landlord, according to the lease was liable for damages they behaved quietly and wrapped the housing costs on social assistance since. On the contrary, they issued two decisions which should secure their housing costs by end 2009. These two orders lifted the District Court to be arbitrary.
continuation of the misconduct
The lease from 04 10. 2007 was on 30 04. 2009. On 30 12. In 2008 we received from the EEC, without settlement, the registration of a legal mortgage over CHF 224'362 .25.
refused in the second half of April 2009, the Land Registry for registration of legal mortgages of social assistance, because it is not associated with the land, the relevant article in the cantonal laws is federal law.
On 13 05. 2009 gave the EEC a civil action for refund with the assumption we would have concealed the land in Tasch, the support awarded to surreptitiously and dishonestly obtained. The corresponding process is running.
The unlawful deportation stitch worked once before, as is known she was taken through a second time. On 18 12. 2009, we were put on the road, taking the furniture with police action in holding stored and later moved to Visp.
The entries in the blog of 11 06. 2010, "harassment as an official action and on 19 06. 2010, had the eviction notice from law Bregy Philipp Matthias, on behalf of the EEC on the content and the decision obtained by our precautionary measure. The district court in civil proceedings and the judge of final appeal authority agreed the disposal and the sale of our last possessions.
The precautionary measure, we reasoned as follows:
"The current current plight resulted from the misconduct and the improper in the social welfare constraint measures the municipality and not by a malfunction of the applicant. "
and
" The couple Taugwalder is under sentence of the District Court of 05 12. 08 and the disposition of 13 03. 09 entitled to social assistance. The municipality has ordered no adjustment of social assistance. The Einwohneergemeinde as competent social welfare authority to issue before the cessation of the services a decision. (SKOS guidelines A.8.5 and the Judgement within the jurisdiction of the District Court proceedings Z1 09 38 from 04 11. 09)
The municipality asked the following legal request, which were awarded without any correspondence from the District Court and the Cassation Authority, the EEC:
"Mrs. Agathe Taugwalder-Lauber and Mr. German Taugwalder was a period of 20 days to set, within which the 18th since the December 2009 was to pick up furniture in storage. "
" After this period the unused Munizipalgemeinde is to allow Zermatt, the stored Furniture to sell or dispose of them. A possible sale proceeds would be used for the storage costs. "
and
" The amount of the guarantee is from the district judge I Visp in the light of the monthly costs of CHR. 200.00 set. "
In recent legal request acknowledges the EEC, that the lease may remain at the company Fercher, if the monthly rental is CHF 200.00 adopted by us.
Our proposal in this direction, the EEC on behalf of the company declined Fercher AG and accompanied with a scornful remark that it is not this the first time, this refers to a lack of decorum. It is precisely in humans so it is not always what's inside it.
quote another reason:
"The spouses Taugwalder-Lauber have the with the refusal to the property - not to leave, even in that - despite fairly vigorous expulsion decision Current situation to be related. Had they - as ordered by the courts -. Rent to leave bag and baggage, which would have been Zermatt Munizipalgemeinde never forced to store the furniture of the spouses Taugwalder-Lauber temporary "
reads The lawyer for the EEC the judgments do not, which delivers the District Court's office Rieder & Pfammatter. These might have that his honorable client acted arbitrarily and unlawfully and not adopt strictly necessary adjustment available. As well as the fact that the EEC is committed to provide a home.
The violation of laws and the failure of the EEC that caused the expulsion and the storage of furniture.
us also said the District Court of an independent process for the cancellation, which is not yet complete. Also, there is still suspended.
quote from the preamble to the EEC:
"The spouses show Taugwalder-Lauber, however, cooperative in any way, so that the Zermatt Munizipalgemeinde a way must have, that they get rid of the furniture of the spouses can. "
Who blackmail is not sure can be uncooperative, this also applies when someone rights violations, abuse and arbitrary, wrongful actions and a lack of official duties do not" thanks and ehrenbürdig 'faces.
Another quote:
"In determining the amount of the guarantee is taken into account that already cost more than CHF. 500.00 arose this month and now increase by CHF 200.00. A storage until the end of 2010 so at least CHF 1'700 .00 would cost a deposition by the end of 2011 even CHF 4'100 .00. Given the fact that marriage gating force Taugwalder-Lauber, the Munizipalgemeinde Zermatt again in procedures is also more of a longer term than likely shorter duration. "
The appropriate determination is left to the visitor .
The EEC in 2009 generated a cash flow of CHF 11.5 million and had total revenue of CHF 59.2 million, according to their foundation in the correspondence, the District court, especially to the monthly rent of CHF 200.00. The EEC has the truth and proportionality, a strange relationship.
To relieve the "poor" EEC, pending completion of the pending proceedings against the decision for retroactive adjustment of social assistance, we offered the payment of monthly rent of CHF 200.00. The obligation of the EEC, because of the laws provide us with a reasonable apartment is available, still. The company responded to our proposal is not, he was rejected by the EC on behalf of company.
The decision of the cassation authority will be published below in full.
In the right desire and in the process, was our part, never mentioned or entitlement to an additional free storage of furniture by the EEC. It is incomprehensible that if someone grabs a remedy available to protect his property, abuse of rights operates.
There is always a degree of discretion, which we judge each must grant or we give different views and controversial issues to be decided by a judge.
The judge cited the judgments of the District Court, the proceedings C1 09 112, he ruled as a judge, on the appeal of the tenants in expulsion, which resulted in the emplacement took place the furniture. Already in this process, the lawyer filed the EEC no authority to expel tenants but for the refund claim. The ruling held that it was not the EEC as first tenant for the designation of responsibility, but the landlord.
worked in the process C3 09 72 the same judge as President of final appeal authority, on page 7 under the Recital cc) makes this decision, as opposed to always reflect outdated assertion of the EEC and Mr. Bregy, it was up decisions and judgments about the illegality of the Support reference clear that case there was no decision about it and decide in a separate process was still.
What now 30 August 2010?
first We need an unfurnished accommodation, which we can move our furniture in storage. If the EEC its obligation after, the problem is solved the storage and EEC completed her misconduct.
second Homeless we are sitting in the open or we get a furnished accommodation.
third We need a storage facility for our furniture.
The mayor, the vice president and department head and hurt them with the municipal applicable law. Targeted financial damage, attacks against the person, extortion and violation of the laws are not covered management tools and back to the officer.
"There are two ways to make a career: either make it really something, or we are told, to do something. I recommend the first method, because here the competition is not nearly as great. " Danny Kaye
Wednesday 18 August 2010, 244th arbitrary Days
Precautionary measures
Legal Basics
Civil Procedure (ZPO), acting in Article 290 and following the adoption of precautionary measures in civil disputes. The Law on Administrative Procedure and the administration of justice (VVRG) contains in Article 28a of its targets for preventive measures.
The statutory provisions of the Code of Civil Procedure are kept full and deviate substantially from VVRG. As a condition called the Code of Civil Procedure to assert the fact of imminent danger, which eliminate an imminent without intervention of the judge, irreparable damage can.
The VVRG set the target differently and more accurately, namely to obtain actual or state law or to protect the threatened interests. Ultimately, this is formulation designed "irreparable damage" to prevent.
The crucial difference is that it can be arranged according to Code of Civil Procedure Article 290, Paragraph 1 of preliminary measures only at the request of a party by the judge. So a "can-articles".
In contrast, the VVRG obligation in Article 28a of the Authority or its president, ex officio or on request of the necessary precautionary measures to be taken to obtain a factual or legal condition or to protect the threatened interests.
The practice of social welfare
In review of 28 07. 2010 223rd under voluntary Day, was briefly referred to various abuses and misinterpretations in the instruction process of complaints to Social Assistance.
The Grand Council was answered by the postulate (2038) concerning the treatment of complaints procedures in social assistance applications and approved.
The Government's response of 13 04. 2010 to the postulant, contains statements that are contrary to the statutory requirements and the practice of DSW. While it is correctly referred to the statutory requirements.
The statement in the response "not a statutory change is necessary. It is sufficient to apply the currently valid regulations. "Is correct if the relevant laws ZUG, GES, SKOS guidelines and the Law on Administrative Procedure and the administration of justice are met in case of complaints.
That is the case in a frightening way for the instruction of the complaints by the Department of Social Welfare, not to. The legal principles are DSW, intentionally or unintentionally, it can remain open, neglected and thus violated.
The prevailing superficiality of the application of the laws and the apparent misinterpretation of the DSW are confirmed by the answer.
From the compelling VVRG Article 28a is in the response a "can-items made. Quote: "If the situation requires, can take the department of urgent measures that are to be seen immediately and without the outcome of the appeal application. It lies on the complainant himself or his legal representative or on the social medical center to put the request for it. "
This statement is incorrect and does not match the article of law that the Authority or its president, clear and unequivocally committed, ex officio or upon request, to obtain a factual or legal status or vulnerable to protect interests. "
VVRG According to Article 42, lit. e) interim orders that the precautionary measures, and relate to refusal or withdrawal of the suspensory effect, individually challenged. These fall under VVRG Article 41 Paragraph 2, which reads: "Before or interim orders, the one can not again cause irreparable disadvantage is independently actionable."
The head of the cantonal department of Social Affairs claims to be in error, with simple letter in the instruction process, the right to dispose of preliminary measures, These letters also correspond in any way the prescribed form of an order, within the meaning of Article 29 para 3 VVRG
Under the law, and District Court are precautionary measures to provide for the purposes of VVRG Article 28a of the appropriate decision authority of the trial (Kölz / Haener, administrative procedures and administrative justice of the Federation, 2nd edition, para. 657 , 337). The decision authority is the Canton Valais, the State Council.
Our complaint of 18th 03. 2010, against a decision of the municipality of the State Council, demanded in a separate legal request precautionary measures, these were also founded.
Today on 18th 08. 2010, five months later, is neither against the requested provisional measures, nor the main proceedings, a decision. Until a final decision from this process go by, there is an additional 30 days pass in the event of a need for further proceedings, and another three to four months.
One year after the order being likely, in the case of using all legal means A final decision there.
Since 18th 12. 2009 we are homeless "in transit" without the mandatory statutory law, proposed setting available, arbitrarily placed on the street. DSW, the department and the State Council were unsuccessful and complaints by letter, more oriented over time.
The timing of prophylactic measures, is available immediately after or within the suspensive effect of an appeal, to obtain legal force of a decision. A decision connected through precautionary measures, with the main trading six to twelve months after the filing of a complaint is not inappropriate, unacceptable and certainly within the meaning of the legislature.
The perception of the legal requirement by the competent authorities and regulatory bodies, could have prevented the damage now present. It is the social welfare on exactly no legal certainty as to the existence of intentional delay and denial of justice law, can be considered.
VVRG Article 28: obliges the authority or its to meet with President, ex officio or on request of the necessary precautionary measures before and not after the injury of the existing factual or legal status and the presence of damage to the personal rights and material interests of the complainant.
Basic questions on social assistance in the Valais and in particular to the handling and processing are the basis of the decisions and judgments of the District Court attached:
first The registration of a legal mortgage, according to GES, to secure social welfare, is federal law. That entry is illegal, known for about 10 years.
1.1. And how many such "legal" property deeds, are mentioned?
1.2. If so, it is appropriate that this failure is part of the competent authorities disclosed and corrected red tape?
second As a replacement issued, the head of the department Social Wallis (DSW) transfer to the municipalities and SMZ social assistance from volunteer registrations be made conditional. Such authority is not the head, and there is no law to Basis. to extort
The way such as the Municipality of Zermatt such a "voluntary and involuntary" mortgage registration, is in post from 09 02. 2010 in this blog. Coercive measures are not allowed in the social assistance.
2.1. How many such "voluntary, involuntary," "forced" mortgages entries have been made on exactly?
2.2. How many of these property deeds have been recovered and basic goods by local social assistance and third parties eg for health insurance premiums recovered?
2.3. There are rules about the procedure for the release of such property deeds, are they handled by the municipalities or the SMZ?
2.4. Social assistance agreement is illegal, this type of social assistance through "voluntary and involuntary" mortgage registrations continue to be practiced?
third The use of precautionary measures on the part of the DSW and the State Council, in flagrant breach and the more troubling to existing laws. The plight is exploited arbitrarily, also respects the fundamental rights of the claimants injured.
3.1. If the current shortcomings clarified in the DSW and the lack of instruction system in collaboration with the State, regulated reliable?
3.2. Does not promote the upcoming centralization of SMZ on exactly this climate and removes the local government and the Parliament to control?
3.3. How far is a "privatization" of social assistance, via SMZ at all possible and desirable, it is closely regulated by law?
A complete physical examination and review of Fulfillment of the requirements and lawful management of social assistance in the Valais, by experts outside the administration, is appropriate. As an additional necessary part of this process come to mind, publication, and the position of the head of the cantonal department of Social Welfare, as well as function and control of the SMZ, including its billing. What
cheap for the Valais healthcare network, is quite well for social assistance.
cheap for the Valais healthcare network, is quite well for social assistance.
Wednesday 28 July 2010, 223rd arbitrary Days
Primary Health Care as a coercive measure
SKOS A.8 Directive. 2: "coercive measures in the framework of social welfare law are not allowed."
In the post on 46th Day of arbitrariness pointed under the title "bar with two ends" on the issue and impact of the denial of social assistance for basic medical care.
Six months have passed, the District Court has by now in his 04th Judgement 02. held 2010:
"After what has been said, both, both the State and the community, a key procedural principle - the obligation to complete clarification of the relevant facts - such hurt, that a correct assessment of the two decrees of 3 February 2009 and of 13 March 2009 by the District Court's impossible. According to breach the prohibition of arbitrary decisions are contested by the Office for the purposes of these considerations aside and have to order new decisions on the community back. "
unpaid premiums inevitably lead to the cessation of services of health insurance and medical services in case of illness. Anyone who relies on constant medical care and medicines, as a result of a disease, is suddenly without as well and must also do without some necessary medical services.
ie a direct attack on the health of the individual if the responsible social services at the municipal and cantonal level, do not follow the law.
The existing legislation, particularly Article 51, paragraph 1 VVRG notes, that an appeal has suspensive effect, to maintain the existing legal status until the conclusion of the guaranteed method. Similar to the criminal code, which guarantees the presumption of innocence until conviction.
The course of our case is known from the articles in the blog, for us, is currently still the suspensive effect, it was not possible according VVRG Article 51, paragraph 2, in whole or partially withdrawn. True to the arbitrary law of the council. "There are right and wrong, but what we do is always right", but is not observed.
Despite the clear requirements of law and judgments of the District Court held the forced expulsion, since we still live in the "mailbox". Our furniture are stored illegally and unattainable in Visp. The municipality presented the request to the Court of our "past eradicate", namely all inventory, furniture, documents with all what belongs to life and to us was left to dispose of and sell. Even though this property by SchKG and welfare legislation is protected. Thus, under the motto: Who has how much for furniture, the family record book, for the cutlery, cooking utensils, cups and Plate?
This coercive measure to conceal irregularities in social assistance, the municipality, the SMZ Nikolaital and the Department Social Wallis, supported on unproven allegations that in "Tschäggatta and Fidgety Philipp" manner presented and placed under be.
The existing documentation of procedures and judgments show that prevail at the Department Social Valais, in the application of laws and policies and procedures in the instruction serious misinterpretations. Mentioned here is the federal statutory mortgages to illegal Secure.
The practice of voluntary registration of a mortgage without a legal basis, using dubious agreements as a condition for granting aid, on the instructions of the head of DSW. The individual informal letter from the head of the DSW in the instruction process, which correspond in any way in the prescribed form of an order referred to in Article 29 VVRG para 3.
With a simple letter will be filed, provisional measures ordered by the incompetent staff chief rejected. Requests for provisional measures are decide in the interim award, in the short term and in a separate process from the state rate (Law and instructions of the District Court) and not with the trial after X months. We wait on a decision for precautionary measures, since 18 03. 2010th
Despite the quote from Konrad Adenauer "take people as they are, which there is no other are there," solutions are due, the objective and not take "dictatorial" features. Required for the purpose of compliance with existing laws and court decisions by a council, not the adult knowingly reciting falsehoods in the "Woodchopper Clock" are.
social assistance does not mean optimizing the costs of certain human cost factors, few of whom who may perceive them legal measures and can.
Monday, 5 July 2010, 200th arbitrary Days
"So the time rolls over like a stone from the mountain down, and you do not know where she goes and where you are." Johann Wolfgang von Goethe
was 238 days ago set up this blog with thoughts on social assistance. Meanwhile, make one doubt whether welfare recipients are being pushed by the competent authorities as fellow human beings, property or social events around.
For 200 days we're on the road, after the Municipality of us, in violation of applicable law, put on the street. Furniture, household goods, clothing, documents and everything, from family record book to the photos on the walls to the photo albums, gifts, souvenirs and personal memorabilia, were used as pressure medium is illegally deprived of possession. On 15 04. 2010 was our property without our knowledge or consent, moved to Visp, the announced disposal could be stopped by means of precautionary available.
199 days ago accused the department chief us on the WB, with untrue facts of illegal social security cover. There is still no, the law required mandatory Eistellverfügung part of the support and, for primary health care. The lack of economic support to the AVS / AI pensions and the specific injury and proliferation of false accusations by the municipality out in the living ratio and in the primary health care to insurmountable obstacles and damage.
There are today two judgments of the District Court to hold that so far there is no decision on legality or illegality of the support. tried Despite these rulings, the municipality and the SMZ Nikolaital 19 01. 2010, to exploit the plight of the missing property and by us signing an "agreement" to "blackmail".
A Agreement which contained a massive amount of deviations from the orders and any sense of justice of decent people to resist runs. It has never made a detailed invoice, with the forced signing of the municipality wanted the refund filed suit, the wrong amount and their misconduct as well as that of President and Director of the SMZ Nikolaital and probably us "do".
Since 13 May 2009, a refund suit filed in district court, which cited evidence records of the municipality and SMZ were Nikolaital, yet after more than a year, submitted. The Allegations and false accusations that give the department head and some council members are the best, unfounded. The official, tax and banking secrecy even injured for its own misconduct. There are issues of liability and responsibility.
Since 18 12. 2009, we live without a permanent address "in the mailbox, and will soon probably for the fifth time," curbing ". We continue to rely on the kindness and courtesy from third parties, unless the competent authorities meet their obligation to provide a home with our furniture available.
The administrative law proceedings can be delayed by customs and Zermatt and protracted. All decisions and procedures of the municipality contained defects, there was none, the process we initiated by the State Council or District Court, as "unnecessary", "not just form," or without "interest worthy of protection" denied or rejected.
The District Court ruled on the community of arbitrariness and the State Council. Some orders have been lifted or instructions for Re-enactment within the meaning of the considerations to the municipality rejected.
There are massive mistake, as the non-compliance of the suspensive effect of appeals filed, the failure to adopt a Einstellverfügung and probably also a "Sprutz" Amtsanmassung and abuse. The crude "blackmail" of a signature on an agreement for a "so-called involuntary, voluntary registration" of a mortgage and attempts to bring about the bankruptcy. These are unlawful coercion.
SKOS A.8 Directive. 2: "Coercive measures within a framework of social welfare law are not allowed. "
Saturday 19 June 2010, 184th arbitrary Days
The judge has the 18th with his personal directive June 2010, according to Code of Civil Procedure Article 290 para 1. d), the municipality of Zermatt to Visp prohibits the disposal of our outsourced property.
The municipality had the disposal, by its letter of 27 May 2010 (blog entry 11 June 2010) have been promised. The order applies, pending a new court order.
The Municipality of Zermatt was pointed out that disregarding the court order, according to Article 277 ZPO can be occupied by a serial bus to a maximum Fri 100.000.00.
Because of this new and the ongoing proceedings on the restitution of assistance received, no entries are first of these civil proceedings published.
The municipality had the disposal, by its letter of 27 May 2010 (blog entry 11 June 2010) have been promised. The order applies, pending a new court order.
The Municipality of Zermatt was pointed out that disregarding the court order, according to Article 277 ZPO can be occupied by a serial bus to a maximum Fri 100.000.00.
Because of this new and the ongoing proceedings on the restitution of assistance received, no entries are first of these civil proceedings published.
Except for developments in administrative law proceedings.
Friday 11 June 2010, arbitrariness 176. Days
chicane serves as an official act
The municipal council of the municipality of Zermatt, the harassment as a means of official acts. Despite the lack of legal basis, he willfully and intentionally uses the construction of obstacles and difficulties, with the sole purpose of causing harm.
On 17 May 2010, at the 151st Day of arbitrariness: Entry in Blog:
"Apparently under this "shock" the municipality transported on 15 04. 10, into an uncompromising, outrageous defiance our property (furniture, household items, clothing and personal files and documents) from Zermatt and stored it in Visp. "
This action was as a retort to a State Council decision Commenting on a complaint, on grounds of lack of jurisdiction, not treated, there is the question of restitution proceedings before the district court.
On 25 05. 2010, the district judge sat in this method, a replica of the additional correspondence to and put the municipality at the same time period only until 25 06. 2010, the administration's own records and those of the SMZ Nikolaital in and submitted. An everyday occurrence in legal proceedings, nothing special.
On 27 05. 2010 Erlien the municipality an "eviction notice" for the camp in Visp to 18 June 2010, a week before the deadline for the submission of their files. A purely "accidental" meeting.
The "icing" in the letter notifying us that our property (Furniture, household items, clothing, personal documents, archives and documents) to the 18th 06. would be disposed of 2010 by the municipality.
This renewed unlawful action and the presumption of availability of our property is, in the above context, probably to be seen as tit for tat II. This obviously corresponds to the questionable ownership and understanding of law and self-assessment of the author.
The question of compatibility, this type of lawyer and official with the understanding of property law and the Swiss Penal Code seems likely.
Criminal Code "Offences against the official and professional duties, abuse of authority, Article 312, members of an authority or officials who abuse their authority to obtain, or another an unlawful advantage or another a disadvantage to cause to be punished with imprisonment up to five years or a fine. "
This deliberate and controlled action, devoid of any reason, the purpose of voluntarily and intentionally, a compulsory exercise and is targeted to injury, our by SchKG and social welfare legislation, as pieces of protected goods and competence of our property, aligned.
"All wickedness comes from weakness." Jean-Jacques Rousseau
"All wickedness comes from weakness." Jean-Jacques Rousseau
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