Lexipedia

Procedural fairness

Procedural fairness requires public authorities to use fair processes before making decisions that affect individuals or organisations.

Procedural fairness concerns the way a decision is made, not necessarily the substantive outcome. It may require notice of the case, access to relevant information, an opportunity to comment, impartial decision-makers, and reasons sufficient to understand and challenge the decision. Swiss administrative procedure reflects these guarantees through constitutional and statutory rules, with details varying by authority and subject matter. The required level of fairness depends on the seriousness of the impact, urgency, complexity, and the nature of the decision.