Questione giuridica chiave
Whether the appeal against the cantonal order refusing suspensive effect was admissible despite its incidental nature.
Decisione estratta
The order was incidental and the appellants failed to show an irreparable legal harm within the meaning of Art. 93(1)(a) LTF; immediate final review under Art. 93(1)(b) LTF was also unavailable.
Motivazione estratta
The appellants did not challenge the access-to-file aspect and relied only on the recusal context. A recusal request itself cannot be protected by suspensive effect; only a contested decision can be stayed, whereas provisional protection requires interim measures not requested here.