Appeal admitted against the change of party of an MP in Zurich

Appeal admitted against the change of party of an MP in Zurich
Appeal admitted against the change of party of an MP in Zurich

Geneva justice must review its copy concerning the revocation of the professional license of a taxi driver involved in accidents. It did not carry out a complete examination of the consequences for the appellant and was not able to correctly apply the principle of proportionality, considers the Federal Court.

The appellant has held a “transport car driver” card since 2008 as well as a taxi license since 2022. In 2023, he produced an extract from his criminal record in order to obtain authorization to operate a transport business.

This document mentioned two convictions for traffic offenses, the first dating from 2014 and the second from 2022. In the latter case, the driver had knocked down and slightly injured a person on a pedestrian crossing. The canton’s Commercial Police then revoked his professional cards and demanded the license plates he held.

Various factors

In a judgment published Wednesday, the Federal Court admits the appeal and annuls the decision. The granting of professional cards is subject to various conditions, including the absence of administrative decisions or convictions incompatible with the exercise of the profession of professional driver or taxi.

However, the authority must make its decision taking into account various factors, including the seriousness of the facts, their repetition, the time elapsed since the sanction as well as the risk of recurrence.

The Mon Repos judges emphasize that the contested measure will prevent the appellant from practicing his profession for many months, or even several years. By simply asserting that the goal of public security outweighs the private interest of the appellant, the Court of Justice of the Canton of Geneva did not carry out a complete weighing of interests and an in-depth examination of proportionality. .

For example, the previous instance does not mention the duration of the sanction. However, the appellant has worked as a driver for 15 years and has a family to support. By taking into account only the seriousness of the offense, the Court of Justice proceeded automatically and did not analyze the facts as provided for by law.

The appeal is therefore admitted and the case sent back for new examination. (judgment 2C_580/2023 of April 17, 2024)

This article was automatically published. Source: ats



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