Facts
X. holds a bachelor's degree in geography, English, and educational sciences from the University of Neuchâtel. He obtained a teaching authorization for geography at the secondary I and II levels in the canton of Neuchâtel in 1998, and then a teaching authorization at the secondary I level, as well as for geography at the secondary II level, in the canton of Fribourg in 2008.
X. requested the Swiss Conference of Cantonal Directors of Public Instruction (CDIP) to recognize his teaching authorizations at the Swiss level. The CDIP refused this recognition, on the grounds that only final diplomas can be recognized under the Intercantonal Agreement on the Recognition of Final Diplomas.
Appealed against this decision, the Appeals Commission of the CDIP and the Swiss Conference of Cantonal Directors of Public Health (CDS) dismissed the appeal, considering that the provisions of the Intercantonal Agreement took precedence over the Federal Act on the Domestic Market (LMI).
Considerations
The Federal Tribunal admitted the appeal to the extent that it was admissible. It considered that the teaching authorizations obtained by X. constitute "certificates of competence" within the meaning of Art. 4 LMI, which must be recognized throughout Switzerland, subject to the restrictions provided for in Art. 3 LMI.
Although the Intercantonal Agreement comprehensively governs the recognition of teaching diplomas, it cannot take precedence over the principles of the LMI, which…