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BGE 5 I 531 ΓÇó Standing for revision of a constitutional judgment
BGE 5 I 531Amtliche Sammlung des Bundesgerichts (BGE) / Band I30.11.1878Inadmissible
The Schaffhausen cantonal court sought revision of a prior Federal Supreme Court judgment that had upheld Müller’s constitutional complaint and annulled a district court insolvency-imprisonment sentence. The Federal Supreme Court held that constitutional complaints need not first pass through the full cantonal appeal chain and that its earlier decision was therefore valid. It further held that revision of a final constitutional judgment may be sought only by the parties; the cantonal court lacked standing. The request for revision was therefore not entertained.
Constitutional complaints to the Federal Supreme Court are not dependent on exhaustion of the cantonal instance; neither a constitutional norm nor a statutory provision imposes such a prerequisite. A final constitutional judgment is res judicata and may be revised only at the request of the parties to the original proceedings; cantonal courts or higher cantonal authorities lack standing to seek revision, even if they contest the federal court’s view of competence. While such authorities may state their position during the pendency of a state-law complaint, they cannot reopen a final federal constitutional decision (consid. 1-2).
Das Bundesgericht zieht in Erwägung: