Questão jurídica principal
Whether the Federal Supreme Court could hear the administrative law appeal against the non-entry decision of the medical education appeal commission.
Decisão extraída
The administrative law appeal was inadmissible because the underlying merits decision concerned the result of professional/aptitude examinations, for which such an appeal is excluded; the same applies to a non-entry decision under the unity of proceedings.
Fundamentação extraída
Art. 99(1)(f) OG excluded review of the merits decision. Under the principle of unity of proceedings, a non-entry decision is also not challengeable by administrative law appeal if a merits appeal would itself be inadmissible. Conversion into a constitutional complaint was impossible because the challenged decision was not a cantonal act.