Excess of authority

Excess of authority differs from complete lack of competence: the authority may be responsible for the matter, but uses its powers beyond the statutory limits, for an improper purpose, or in a disproportionate way. In Swiss administrative law this may amount to illegality, abuse of discretion or violation of constitutional principles such as proportionality and equality. Courts and appeal bodies may set aside the measure, require a new decision, or, where permitted, replace the authority’s assessment with their own.