Facts
The appellant B. had been employed as a lawyer in Appenzell since September 1, 1997 and had been a partner in a law firm since May 1, 2001. On February 28, 2001, he applied for authorization to perform public notarial acts in the Canton of Appenzell I.Rh. The Cantonal Council of the Canton of Appenzell I.Rh. rejected the application on May 15, 2001, as B. was not domiciled in the canton and therefore did not meet the requirements of the cantonal ordinance. The Cantonal Court of Appenzell I.Rh. confirmed this decision on November 20, 2001.
Considerations
The Federal Supreme Court ruled that the residency requirement for notaries in the Canton of Appenzell I.Rh. is compatible with the freedom of establishment under Art. 24 of the Federal Constitution. Public notarization constitutes an official activity that can be regulated by the canton. Although the freedom of establishment is generally protected, it can be restricted under the conditions of Art. 36 of the Federal Constitution. The public interest in a close connection between the notary and the community justifies the residency requirement in this case.
The…