Facts
On 23 December 1983, the Guardianship Chamber of the canton of Geneva deprived X of the exercise of his civil rights and appointed Y as provisional representative. On 3 October 1985, the Court of First Instance rejected X's application for interdiction, thus ending Y's functions. The Guardianship Chamber approved the guardianship report and accounts for 1984 and 1985, and set the remuneration of the provisional representative.
On appeal by X, the Supervisory Authority partially confirmed the decisions under appeal and decided that its decision would become enforceable if, within one month of notification, X had not brought an action for damages against Y.
Y filed a public law appeal for violation of art. 4 of the Constitution, challenging the Supervisory Authority's decision which made the enforceability of the provisional representative's remuneration dependent on the non-introduction of an action for damages by the ward.
Considerations
The Federal Court partially admitted the appeal and annulled the decision under appeal insofar as it made the enforceability of the provisional representative's remuneration dependent on the non-introduction, by the ward, of an action for damages. The Court considered that this decision was arbitrary, as it disregarded the nature and scope of the decision setting the remuneration of the provisional representative.
The Court recalled that the exercise of the guardian's functions is considered a paid public office, whose remuneration is fixed by the guardianship authority and levied on the ward's assets (art. 416 CC). The decision of the guardianship authority constitutes a final release from opposition, which can only be challenged by one of the exceptions provided for in art. 81 para. 1…