Decision on the authorization to practice the legal profession outside the canton of domicile

Facts

The Federal Tribunal has been seized of a constitutional appeal by lawyer André Thalmann against a decision of the Administrative Commission of the Superior Tribunal of the canton of Lucerne granting him authorization to practice the legal profession in the canton of Lucerne, but imposing an "administrative fee" of 250 francs. The appellant contested the chargeable nature of this authorization procedure, on the grounds that it should be free of charge under the Federal Act on the Internal Market (IMA).

Considerations

The Federal Tribunal upheld the appeal. It considered that the activity of a lawyer outside the canton of domicile is subject to authorization, but that this authorization procedure must in principle be simple, rapid and free of charge, in accordance with Art. 4…