Art. 31 BV, Art. 4 BV and the treaty with Italy of 22 June 1865; competence for complaints against cantonal measures concerning the exercise of trade and commerce. Where the petition is directed at the refusal of a peddling permit and the alleged violations of equality or treaty-based equal treatment appear only as prejudicial questions without independent petitum, the complaint is to be classified according to its dominant legal character. The authority competent to review freedom of trade and commerce is therefore also competent to decide the ancillary constitutional and treaty issues (consid. 1). Under Art. 194 OG the Federal Court must decline to enter and remit the file where competence lies with the Federal Council, possibly with recourse to the Federal Assembly under Art. 189 OG.
eventuell die Bundesversammlung (vergl. auch den letzten Absatz von Art. 189 Org. Ges.). beschlossen: