Facts
The Federal Court decides that the appellants can challenge the provisions of the concordat on measures against violence on the occasion of sporting events by means of an appeal under Art. 82 lit. b BGG. The concordat provisions are to be considered as cantonal enactments, which under the Organizational Act have been regarded as acts of cantonal sovereignty and, in the case of legislative concordats, as cantonal enactments within the meaning of Art. 84 para. 1 lit. a OG. They can also be understood and challenged as cantonal enactments under the Federal Court Act pursuant to Art. 82 lit. b BGG.
Considerations
In examining the constitutionality of an enactment within the framework of abstract norm control, the decisive factor is whether the provision concerned can be interpreted in accordance with recognized rules of interpretation in a way that makes it compatible with the constitutional or ECHR guarantees invoked. The Federal Court will only annul a cantonal norm if it is immune to any interpretation compatible with the constitution and the Convention, but not if it remains accessible to such an interpretation in a reasonable manner.
The measures of exclusion zones, reporting requirements and police custody provided for in the concordat do not have a criminal character, but are of a police nature and serve to prevent danger. Thus, they cannot conflict with Art. 123 of the Federal Constitution and do…