Lexipedia

Withdrawal of suspensive effect

Withdrawal of suspensive effect makes a contested administrative decision enforceable despite a pending appeal.

Withdrawal of suspensive effect is an interim procedural measure allowing the authority’s decision to be implemented before the appeal is finally decided. In Swiss practice it requires a weighing of interests: the public or private interest in immediate enforcement must outweigh the appellant’s interest in maintaining the status quo. The measure is especially sensitive where enforcement may cause irreversible harm. Appeal bodies may review the withdrawal and, where justified, restore suspensive effect or impose protective conditions.