Press release
The Management Committee of the Valais Grand Council (Cogest) has been authorised by the Conseil d'Etat to consult Dominique's entire tax file. Giroud. This authorisation was given in violation of the principles and procedural rules of a state governed by the rule of law. To ensure that his constitutional rights are respected, Dominique Giroud has been forced to lodge an appeal for denial of justice. The ultimate aim of this action is to prevent the Cogest report, which is due to be published shortly, from violating his privacy by disclosing confidential information about his tax affairs.
Tax secrecy is a fundamental right of all citizens. The State may only lift tax secrecy with the agreement of the taxpayer or, if the taxpayer objects, on the basis of a formal decision that respects the taxpayer's right to be heard and indicates why the measure is necessary and to what extent. It turns out that the Valais State Council made the entire tax files of Dominique Giroud and Giroud Vins SA available to the members of the Cogest without respecting the procedural guarantees to which Dominique Giroud, like any other citizen, was entitled. When his representations to the Council of State were unsuccessful, he was forced to lodge an appeal for denial of justice with the Valais Cantonal Court on 26 August 2014.
With this action, Dominique Giroud hopes that the cantonal court will finally oblige the Conseil d'Etat to do what it has refused to do until now, namely to respect the procedure by taking a formal decision to lift the secrecy on his tax file. Like any citizen, Dominique Giroud has certain rights, and just because he has made a mistake in the past in tax matters does not mean that everything is now allowed. Dominique Giroud is asking for nothing more than respect for his constitutional rights.
The Cogest's remit is not to examine the substance of Dominique Giroud's files, but to investigate any malfunctions in the handling of the Giroud case by the cantonal administration. These are two completely different things. Some members of the Cogest have already consulted Dominique Giroud's entire tax file. As a result, if no action is taken quickly, the Cogest report, which is due to be published imminently, could disclose confidential information about Dominique Giroud's tax file, creating an irreversible violation of his privacy and fundamental rights. To avoid suffering such damage, Dominique Giroud is asking the courts to withhold publication of the Cogest report until a court ruling has been made on respect for his fundamental rights.
Dominique Giroud is not opposed to the Cogest's mandate or to the Cogest receiving the information it needs to fulfil its mandate of high-level supervision of the cantonal administration. However, he considers that it is perfectly possible for it to do so without the tax secrecy to which he is entitled being lifted in its entirety.
This press release is accompanied by a list of the most frequently asked questions on why Dominique Giroud is bringing an action for denial of justice.
