Kernrechtsfrage
Is a constitutional complaint against a law subject to optional referendum admissible before the erwahrungsbeschluss is published?
Extrahierter Entscheid
No. The complaint was filed too early because the referendum period had not yet expired and the validity confirmation had not been published.
Extrahierte Begründung
Under Art. 89(1) OG the time limit begins only with the legally relevant publication. For laws subject to optional referendum, publication of the enactment text alone is insufficient; publication of the erwahrungsbeschluss is also required. Although premature filing usually leads to suspension, special circumstances here—especially the imminent entry into force of the BGG and the risk of later complaints being governed by different procedural law—made non-entry appropriate.