Key legal question
Whether the Federal Court may review an expulsion order based on alleged violation of the German-Swiss settlement treaty and constitutional guarantees.
Extracted holding
The Federal Court is not competent to examine whether the expulsion violated the settlement treaty; such disputes fall to the federal administrative authorities under Art. 189 last para. OG.
Extracted reasoning
Because the case first and foremost concerns interpretation and application of the settlement treaty, the special jurisdiction rule of Art. 189 last para. OG assigns the matter to the Federal Council or the Federal Assembly. Any possible constitutional review is secondary and cannot displace that special competence.