Facts
On July 28, 2010, X., domiciled in Meyrin (GE), requested the State Council of the Republic and Canton of Geneva (hereinafter: the State Council) to be allowed to take the certified translator examinations. Although she did not meet the conditions of the Geneva regulation of December 6, 2004 relating to certified translators (RTJ/GE), which in particular requires a university degree, she contested the legality of this regulation.
By decree of April 20, 2011, the State Council declared X.'s request inadmissible. The Administrative Chamber of the Court of Justice of the Republic and Canton of Geneva (hereinafter: the Court of Justice) partially upheld X.'s appeal and annulled the decree, on the grounds that the RTJ/GE was without legal basis.
The State Council appealed against this decision to the Federal Tribunal, which ultimately dismissed the appeal.
Considerations
The Federal Tribunal considered that the RTJ/GE, emanating from the cantonal executive power, had to be based on a formal legal basis, since certified translators are conferred a share of public authority and perform a state task, while being independent of the administration.
The Federal Tribunal excluded that the RTJ/GE could be based on Art. 125 of the…