Glossary / Fundamental Legal Principles

Duty to give reasons

The duty to give reasons derives from the right to be heard and from the rule of law. Swiss authorities and courts must state the essential considerations on which a decision rests, addressing decisive arguments and evidence sufficiently for the person concerned to understand the outcome and assess an appeal. The depth of reasoning depends on the complexity, discretion and impact of the matter. Reasons need not answer every argument, but silence on a central issue may breach procedural guarantees.

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