Questão jurídica principal
Whether the public-law appeal was admissible despite the statutory exclusion for entry-ban decisions.
Decisão extraída
The appeal was admissible because the Free Movement Agreement required effective judicial review by an independent court, and Swiss law had to yield in this case.
Fundamentação extraída
Article 11(3) ALC guarantees a judicial appeal and a double-instance review for covered persons; excluding Federal Supreme Court review would still breach the agreement, so direct reliance on the treaty was necessary.