Lack of competence

In Swiss administrative law, competence is a condition of lawful state action. An authority must be empowered by law and act within its assigned subject matter, territorial, functional and temporal limits. A decision issued by an incompetent authority is unlawful and may be annulled on appeal; in serious and obvious cases, nullity may be considered. Competence rules also protect federalism, separation of powers and procedural fairness, because they determine which body must hear the matter and apply the relevant procedure.