Rejection of the complaint by the Solothurn Cantonal Police Department against the decision of the Federal Department of Justice and Police not to execute an administrative measure

Facts

On 31 October 1969, Hans Peter Hänggi overtook a vehicle with a trailer on the Flumenthal road in Solothurn, disregarding the safety line and the maximum speed limit. He was fined 60 francs by the President of the District Court of Solothurn-Lebern. The Solothurn Cantonal Police Department revoked his driving licence for a period of one month on 11 December 1969. The Solothurn Administrative Court dismissed his appeal against this decision on 22 January 1970. Hänggi then appealed to the Federal Department of Justice and Police (FDJP), which rejected his complaint on 21 June 1971 but ordered that the administrative measure no longer be executed. The Solothurn Cantonal Police Department then filed an administrative law appeal on 28 July 1971 to have this part of the FDJP's decision annulled. The FDJP concluded that the appeal was inadmissible.

Considerations

The Federal Tribunal considers that the FDJP's decision not to execute the administrative measure ordered by the cantonal authority is not a mere execution decision, but constitutes a new independent decision that can be challenged by way of an administrative law appeal. However, the Federal Tribunal finds that the Solothurn Cantonal Police Department does not have standing to appeal against this decision.

Indeed, Art. 103 of the Federal Judicial Organisation Act…