Kernrechtsfrage
Whether a lawyer holding a Geneva certificate may practice in Lucerne under Art. 5 of the transitional provisions to the Federal Constitution despite not having passed the Lucerne maturity and bar examinations.
Extrahierter Entscheid
Yes. A cantonal certificate based on an academic diploma is sufficient; Art. 5 does not require that the issuing authority itself have conducted a substantive skills examination, and local examination prerequisites cannot be imposed on a lawyer relying on an out-of-canton patent.
Extrahierte Begründung
The Federal Court held that the purpose of the transitional freedom of movement provision is decisive, not the purpose for which the cantonal patent was obtained. The issuing authority may verify qualifications by relying on a university diploma. The Lucerne maturity requirement applies only to candidates for the local exam, not to persons exercising the profession elsewhere on the basis of a valid external patent. Any resulting advantage is not unlawful because the same route is open to other Lucerne citizens.