Glossary / Administrative Procedure

Review of legality

Review of legality asks whether the authority acted within its powers and respected applicable law. In Swiss administrative proceedings it typically covers jurisdiction, procedural guarantees, correct establishment of facts, interpretation and application of legal rules, equality, proportionality and constitutional rights. Courts usually have full power to review legality, although they may show restraint where the authority has technical expertise or discretion. If illegality is found, the decision may be annulled, amended or remitted, depending on the procedural framework.

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