Facts
Bardhec Duhanaj, born in 1944, is from Kosovo. From 1981 to 1992, he worked an average of eight months per year as a seasonal worker in a construction company in the Canton of Lucerne. On February 4, 1993, the Foreigners' Police of the Canton of Lucerne rejected his application for the issuance of a yearly residence permit (conversion of the seasonal into a yearly permit). The Cantonal Government of Lucerne dismissed the appeal filed against this decision on May 2, 1995 and set a deadline for Bardhec Duhanaj to leave the Canton of Lucerne. Bardhec Duhanaj filed a constitutional appeal against the decision of the Cantonal Government on June 13, 1995.
Considerations
The Federal Supreme Court does not enter into the constitutional appeal or an administrative court appeal. This is for the following reasons:
According to the Federal Act on the Organization of the Federal Judiciary (OG), the administrative court appeal against the granting or refusal of permits to which federal law does not entitle is excluded. The appellant has no federal legal claim to the issuance of the residence permit, in particular not from the Ordinance on the Limitation of the Number of Foreigners (BVO).
Although the Cantonal Government in its reasoning addressed the Limitation Ordinance and refused the permit because it considered the requirements for the conversion of a seasonal into a yearly permit not to be met, the administrative court appeal is nevertheless inadmissible in this case. The Federal Supreme Court is reviewing its previous case law, which had allowed the…