Lexipedia

Review of appropriateness

Examination of whether a lawful administrative decision is suitable and reasonable as a matter of discretion or policy choice.

Review of appropriateness goes beyond legality and asks whether a decision, though lawful, is sensible, expedient and balanced. It concerns the administration’s discretion and policy choices, such as selecting among several legally permissible measures. In Swiss law, administrative appeal bodies may sometimes review appropriateness, but courts often have more limited powers unless legislation grants full review. Even where appropriateness is not reviewable, legality still includes checking misuse or excess of discretion, proportionality, equality and whether relevant interests were properly considered.