Abuse or excess of discretion

A Swiss authority exceeds discretion when it acts outside the range of choices allowed by the legal basis, and abuses discretion when it uses a permitted power for an improper purpose or with irrelevant considerations. Typical defects include arbitrariness, unequal treatment, failure to weigh essential interests, or a disproportionate measure. On appeal, courts may set aside the decision even if the authority had discretion, because discretion must be exercised within constitutional and statutory limits.