Facts
On January 21, 2019, the Cantonal Council of the Canton of Zurich decided to amend the cantonal social assistance law in such a way that conditions and instructions are no longer independently appealable. Several organizations and individuals appealed against this legislative amendment to the Federal Supreme Court.
The Federal Supreme Court did not enter into the appeal of the organizations, as they were not legitimized to appeal. However, the appeal of the three individuals receiving social assistance was examined by the Federal Supreme Court.
Considerations
The Federal Supreme Court concluded that the amendment to the cantonal social assistance law, according to which conditions and instructions are no longer independently appealable, does not violate the guarantee of access to the courts under Article 29a of the Federal Constitution.
The Federal Supreme Court justified this by stating that conditions and instructions in social assistance law are to be considered as interim decisions. According to case law, a disadvantage threatened by an interim decision is only considered irreparable if it could not be remedied later by a favorable final judgment on the merits. In the case of social assistance conditions and instructions, the Federal Supreme Court generally denies such an irreparable disadvantage, as the disadvantage arising from the…