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BGE 4 I 56 ΓÇó Federal Court declines immediate review of tax complaint
BGE 4 I 56Amtliche Sammlung des Bundesgerichts (BGE) / Band I17.10.1877Inadmissible
The Spar- und Leihkasse des Thales Aegeri challenged a parish wealth tax, arguing that the cantonal ruling violated Art. 49 of the Federal Constitution because it could not be treated as belonging to a confession. The Federal Court did not decide the merits. It held that although its competence in constitutional matters was not excluded by the failure to exhaust cantonal instances, it may require recourse first to the canton’s highest authority when the case concerns the internal administration of a canton and no intercantonal conflict exists. The complaint was therefore not entered at this time and the complainant was referred to the Zug cantonal supreme authority.
Art. 49 BV; competence and admissibility of a constitutional complaint against cantonal internal administration: the Federal Court may, despite its constitutional competence, require prior recourse to the highest cantonal authority when no intercantonal conflict is involved and the dispute concerns the application of a federal constitutional norm within a canton. This procedural reservation is especially justified where the legal question is of general significance and the court seeks the position of the cantonal supreme authority before adjudicating the merits (consid. on jurisdiction and referral).