Questão jurídica principal
Whether the Federal Court must review the complaint despite the absence of a cantonal judicial instance and the appellant's reliance on Art. 29a and Art. 6(1) ECHR.
Decisão extraída
The complaint could not succeed on this ground; Art. 29a Cost. was not yet applicable, and any lack of judicial review was cured by the Federal Court's full power of review.
Fundamentação extraída
The challenged decision was issued in 2008, before the transitional period for Art. 29a Cost. expired. Although Art. 6(1) ECHR could in principle apply, the court held that its own full review sufficed to cure the procedural defect.