Question juridique clé
Whether the public-law appeal to the Federal Supreme Court was admissible without first appealing to the cantonal administrative court.
Solution extraite
The appeal was inadmissible because the cantonal remedies had not been exhausted.
Motifs extraits
The challenged decision was based on federal public law, but Ticino law provided an appeal to the cantonal administrative court against State Council decisions. Since the State Council is not a judicial last cantonal instance and the correct remedy was ascertainable by counsel through the legislation, the defect in the indication of remedies could not be relied upon.