Cologny, Switzerland – A recent ruling by the Geneva Administrative Chamber of the Court of Justice has affirmed that the municipality of Cologny did not have the legal authority to prohibit guided tours focused on economic crime within its boundaries. The tours, originally planned as part of the 2025 International Film Festival and Human Rights (FIFDH) program, were cancelled after the municipality’s initial refusal. The decision underscores the evolving jurisdictional boundaries between local and cantonal authorities in Switzerland regarding public events and freedom of assembly.
The case centers around a series of planned walking tours titled “La colline des pirates” (The Hill of Pirates), proposed by journalists Antoine Harari and Gabriel Tejedor. These tours aimed to highlight the residences of individuals involved in high-profile economic and financial crime cases, offering a unique perspective on wealth, legality, and accountability within the affluent community of Cologny. The municipality, fearing potential disruption to public order and damage to its reputation, initially blocked the event. However, the court has now determined that Cologny lacked the legal jurisdiction to do so.
Jurisdictional Dispute and the Law on Public Demonstrations
According to the court’s ruling, delivered on February 17th, the municipality “did not have any competence under the law on demonstrations in the public domain,” and had “usurped a prerogative falling within the exclusive competence of the canton.” LFM reports that the decision effectively clarifies the division of powers regarding the authorization of events held in public spaces. The Swiss legal framework designates the canton, rather than individual municipalities, as the primary authority responsible for overseeing and regulating public demonstrations, and events.
This ruling builds upon a recent evolution in Swiss jurisprudence regarding public events. Previously, municipalities often held greater discretion in approving or denying events within their borders. However, the Administrative Chamber’s decision signals a shift towards greater cantonal control, ensuring a more consistent and legally sound approach to managing public gatherings. The case highlights the importance of adhering to established legal frameworks when restricting public events, even when concerns about public order or reputation are present.
The “La Colline des Pirates” Tours and Their Objectives
The proposed “La Colline des Pirates” tours were designed to be approximately 70 minutes in length, accommodating up to 30 participants per tour. RTS details that the tours would have focused on individuals residing in Cologny who were facing legal proceedings related to economic or tax offenses. The journalists intended to shed light on the often-opaque world of financial crime and its impact on Swiss society.
Harari and Tejedor initially sought authorization from the cantonal authorities, who granted approval with the stipulation that Cologny also provide its consent. The municipality’s subsequent refusal prompted the journalists to file an appeal, arguing that the local authorities lacked the legal basis to intervene. The court’s decision now validates their position, confirming that the canton holds the sole authority to authorize such events.
FIFDH’s Response and Implications for Freedom of Expression
The ruling has been welcomed by the organizers of the FIFDH, who view it as a victory for freedom of expression and the right to peaceful assembly. Laila Alonso Huarte, the co-editorial director of the FIFDH, praised the journalists’ commitment and the discussions sparked by the proposed event, emphasizing its relevance to ongoing debates about human rights perceptions in Geneva. Bluewin reports that Huarte believes the event raised “particularly interesting questions about how human rights are perceived in Geneva.”
While the municipality of Cologny has indicated We see considering an appeal, the court’s decision sets a significant precedent for future cases involving public events and jurisdictional disputes. The ruling reinforces the principle that local authorities must operate within the bounds of the law and cannot arbitrarily restrict activities that fall under the purview of the canton. This case underscores the delicate balance between protecting public order and safeguarding fundamental rights, including freedom of expression and the right to information.
The Role of Cantonal Authority
The decision clarifies that while municipalities can offer opinions on events planned within their boundaries, those opinions are no longer binding. The ultimate authority rests with the canton, ensuring a more consistent application of the law across the region. This shift aims to prevent arbitrary restrictions on public gatherings and to protect the rights of individuals and organizations to exercise their freedoms of expression and assembly.
Potential for Future Events
With the legal obstacles removed, the possibility remains that the “La Colline des Pirates” tours could be rescheduled. However, it is currently unclear whether the organizers intend to proceed with the event, or if they will explore alternative avenues for raising awareness about economic crime and its impact on Swiss society. The outcome of any potential appeal by Cologny will also play a role in determining the future of the tours.
The case also raises broader questions about the transparency of financial dealings and the accountability of individuals involved in economic crime. By shining a light on the residences of those facing legal scrutiny, the proposed tours aimed to challenge the perception that wealth and privilege provide immunity from justice. This aspect of the event sparked considerable debate, highlighting the complex ethical considerations surrounding public exposure and the right to privacy.
Key Takeaways
- The municipality of Cologny lacked the legal authority to ban guided tours focused on economic crime.
- The ruling clarifies the jurisdictional boundaries between cantonal and municipal authorities in Switzerland regarding public events.
- The decision reinforces the importance of freedom of expression and the right to peaceful assembly.
- The case sets a precedent for future disputes involving public events and local regulations.
As of February 26, 2026, Cologny is evaluating its options regarding a potential appeal of the court’s decision. Further updates will be provided as they become available. The ruling is expected to have a lasting impact on the way public events are regulated in Switzerland, ensuring a more consistent and legally sound approach to balancing public order with fundamental rights. Readers are encouraged to share their thoughts and perspectives on this important case in the comments section below.
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