Key legal question
Whether the refusal to allow a reply to the Justice Commission’s observations violated the right to be heard before the Grand Council
Extracted holding
Yes. Because the commission’s submission contained substantive new arguments and a legal assessment capable of influencing the decision, the complainant had to be allowed to respond; the omission violated Art. 29(2) BV.
Extracted reasoning
The right to be heard required a rejoinder once the authority’s observations went beyond mere assurances and introduced new decisive considerations. As a formal right, the breach led to annulment without examination of the merits.