Kernrechtsfrage
Whether the prefect had to be recused for apparent bias after indicating the expected fine and costs in the summons.
Extrahierter Entscheid
Yes. The announced amounts, outside the statutory scheme, objectively created an appearance that the outcome had already been decided.
Extrahierte Begründung
Although art. 6(1) ECHR and art. 30(1) Cst. do not apply to this administrative prefect, art. 29(1) Cst. still requires an impartial authority. The summons went beyond the Law on Contraventions and effectively proposed a settlement by stating the fine and costs in advance; this justified legitimate doubts as to impartiality.