Questão jurídica principal
Admissibility of the public-law appeal against refusal of an establishment permit
Decisão extraída
The appeal was admissible because the appellant could invoke a statutory right under former Article 7 LSEE and family life under Article 8 ECHR.
Fundamentação extraída
A foreign spouse of a Swiss national may rely on a legal entitlement to an authorization, and the appellant also had an effective family relationship with his wife and child. The challenge to the first cantonal decision was inadmissible because of the devolutive effect of the appeal to the administrative court.