Facts
Notaries Dr. Beat Schultheiss and Dr. Peter Eulau filed a constitutional complaint against the new Notaries Act of the Canton of Basel-Stadt. They demanded the annulment of various provisions that would restrict their independence and neutrality as notaries.
The Canton of Basel-Stadt defended the regulations and requested the dismissal of the complaint. In a subsidiary request, however, it formulated a more precise version of the applicants' request for annulment, which they joined in the context of the second exchange of written submissions.
The Federal Court dismissed the constitutional complaint, insofar as it was entered into.
Considerations
The Federal Court stated that the cantons have a wide margin of discretion in regulating the notarial system. Restrictions arise only from federal minimum requirements and specific regulations in federal law.
Regarding the incompatibility of the power to authenticate and the position of an organ in a real estate company, the court found that this regulation is permissible. The independence and neutrality of the notary is of paramount importance, which is why the Canton of Basel-Stadt is entitled to restrict the secondary activities of notaries.
The introduction of a retirement age of 75 years for the practice of notarial activities was also considered…