Admission of lawyers with out-of-canton qualifications to the practice of the profession - Free of charge admission procedure

Facts

In 1994, the High Court of the Canton of Zurich issued lic.iur. H. the certificate of competence for the legal profession. H. requested the Professional Association of the Canton of Appenzell I.Rh. for the free-of-charge granting of the permit to practice law in the Canton of Appenzell I.Rh. The Professional Association granted the request, but imposed a law office fee of CHF 50.-- on H. H. filed a constitutional complaint against the imposition of the fee.

Considerations

The Federal Supreme Court upholds the complaint and quashes the decision of the Professional Association insofar as it imposed a law office fee of CHF 50.-- on H. The IMA provides that persons domiciled in Switzerland shall have free and equal access to the exercise of their gainful activity throughout the territory of Switzerland. To this end, every person shall have the right to offer goods, services and work throughout the territory of Switzerland, insofar as the exercise of the relevant gainful activity is permitted in the canton or municipality of their domicile or registered office.

The regulation of Art. 4 IMA aims to reduce burdensome administrative procedures. The requirement for a simple, rapid and free-of-charge procedure for the admission of lawyers with out-of-canton patents obliges the cantons to bear the costs…