Geneva: Two PLR deputies appeal against free TPG

A brake on free TPGs. Two PLR deputies filed an appeal on September 20 before the Constitutional Chamber of the Geneva Court of Justice. In the eyes of Yvan Zweifel and Adrien Genecand, the modification of the Geneva Public Transport law is not in conformity with the Federal Constitution. More precisely in Article 81a (paragraph 2) which specifies that “the prices paid by users of public transport cover an appropriate part of the costs”.

“Parliament cannot make a decision contrary to federal law. We fought against free admission at the Grand Council. We lost this debate. We accept the political verdict. But we want justice to decide: did parliament have the right to make such a decision? asks Yvan Zweifel, who specifies that the duo does not act “in the name of the party”.

The question of constitutionality has already been raised during parliamentary debates. The State Councilor in charge of Mobility, Pierre Maudet, himself explained in March 2024 that to respect higher law, free travel could not be granted to more than 20% of the population. “If we were to extend the beneficiary categories of free access beyond this appropriate portion, we would be out of line and our approach would be invalidated. We would see the house of cards that we are trying to build completely blown away,” he argued.

However, the final project goes beyond that. In addition to free monthly and annual Unireso subscriptions for young people aged 6 to 24, domiciled or training in Geneva, a half price reduction has been granted to AVS/AI beneficiaries. Enough, according to the duo, to undermine the constitutionality of the new law. “With seniors, we reach 43% of the population. So, well beyond what the Constitution provides,” underlines Adrien Genecand.

While the free service was to come into force on January 1, 2025, the appellants are requesting suspensive effect. Aren’t the two PLRs afraid of being unpopular with such an approach? “We don’t go into politics to make friends,” retorts Yvan Zweifel. We understand the possible frustration of those to whom we have already announced that they would have free access, but Parliament cannot free itself from the right.”