Questione giuridica chiave
Whether the public law appeal was admissible under the old foreign nationals statute and the LTF exclusion rule.
Decisione estratta
The case remained governed by the former LSEE, and the appeal in public law matters was open because the appellant could in principle claim an entitlement to an establishment or residence permit.
Motivazione estratta
The renewal request predated the LEtr's entry into force. Since the appellant had lived more than five years with his spouse in Switzerland, the matter was not excluded by art. 83 let. c ch. 2 LTF.