Right to be heard

The right to be heard is a core element of fair procedure. In Swiss administrative and judicial proceedings it normally includes prior notice of the case, access to relevant files, the opportunity to comment, to offer evidence and to receive a reasoned decision. Its function is both protective and truth-seeking: the person affected can defend interests and the authority can decide on a sound basis. The scope depends on the proceeding and urgency, but serious restrictions require justification. Violations may lead to annulment or, in limited cases, cure on appeal.