Kernrechtsfrage
Whether the St. Gallen Administrative Review Commission is an upper cantonal court under Art. 86(2) BGG in road-traffic matters.
Extrahierter Entscheid
No. Because its decisions in road-traffic cases remain open to ordinary cantonal review in other matters and the body is hierarchically not the canton’s final judicial instance for all its decisions, it does not qualify as an upper court under Art. 86(2) BGG.
Extrahierte Begründung
An upper court must be a single judicial authority with cantonal-wide competence whose decisions cannot be appealed by ordinary cantonal remedies, both in the relevant field and in its other competences. The St. Gallen review commission fails that criterion under the cantonal appeal scheme.