Facts
X. obtained the Zurich cantonal certificate of proficiency as a dental technician in 1981 and has since operated a dental technology practice in H. (Canton of Zurich). His place of residence is in O. (Canton of Graubünden). On August 22, 1997, X. submitted an application to the Department of Justice, Police and Health of the Canton of Graubünden for a professional practice permit as a dental technician. The Department rejected the application on February 23, 1998, as the profession of dental technician was not provided for in the cantonal legislation.
X. filed an appeal with the Administrative Court of the Canton of Graubünden, arguing that the non-admission violated the Federal Act of October 6, 1995 on the Domestic Market (Domestic Market Act, BGBM). The Administrative Court dismissed the appeal. X. then filed a constitutional appeal with the request to set aside the decision of the Administrative Court and to remand the matter for a new assessment.
Considerations
Legal Considerations:
a) The Federal Supreme Court holds that the independent practice of healthcare professions requires a permit, and that a permit for dental technicians is not provided for in the Canton of Graubünden. Such a cantonal regulation, which does not allow the independent practice of the profession of dental technician, can be justified by reasons of public interest and is proportionate.
b) The Domestic Market Act has not changed this legal situation. The Act relates to the free movement of goods and services, but not to establishment. Anyone wishing to…