Questione giuridica chiave
Whether the appeal against the cantonal refusal of suspensive effect in clemency proceedings was admissible as a public-law appeal.
Decisione estratta
The appeal was treated as a public-law appeal, but the applicant lacked standing to challenge the refusal of suspensive effect because he had no legally protected right to clemency.
Motivazione estratta
A clemency decision is a sui generis state act and not a decision under the Federal Judicial Act or the Administrative Procedure Act; public-law appeal is therefore the only possible remedy. However, clemency is discretionary and no one has a right to it. The right to suspensive effect exceeds the limited procedural rights available in clemency matters, so a person without standing on the merits also lacks standing to contest that interim measure.