Questão jurídica principal
Whether the public-law appeal was admissible against the expulsion order under the old Foreigners Act and the LTF
Decisão extraída
The appeal in public law matters was admissible because the expulsion was based on Art. 10 LSEE, not on Art. 121(2) of the Constitution; the subsidiary constitutional complaint was inadmissible.
Fundamentação extraída
The case was governed by the old LSEE because proceedings began before LEtr entered into force. Under Art. 83 lit. c no. 4 LTF, only expulsions based on Art. 121(2) Cst. are excluded.