Kernrechtsfrage
Whether the Federal Court could hear the state-law complaint against the Bern Government Council concerning application of military-service rules for teachers.
Extrahierter Entscheid
The complaint belonged to the competence of the federal political authorities, not the Federal Court.
Extrahierte Begründung
Under the Military Organization Act and the Federal Constitution, complaints about the interpretation and application of the rules on teachers’ military-service obligations had to be decided by the Federal Council, and possibly the Federal Assembly. An allegation of arbitrariness under Article 4 BV did not create Federal Court jurisdiction, because it merely recharacterized an allegedly incorrect application of the substantive military-service rules.