Question juridique clé
Whether the Regierungsrat of Baselland was entitled to bring a constitutional complaint to the Federal Court against the Landrat's decision.
Solution extraite
A cantonal government acting solely as a state authority is not entitled to file a constitutional complaint; only private persons and corporations, or authorities representing the commune as such, may do so.
Motifs extraits
Under Art. 59 OG and the constant case law, public authorities are not legitimized when they invoke only public powers of office. The new organizational statute did not change this, since Art. 178(2) expressly confers the right of complaint on citizens and corporations. The Regierungsrat appeared only in its official capacity and alleged injury to powers belonging to it as a state authority, which is insufficient.