Facts
The appellant [A.] filed an appeal with the Administrative Court of the Canton of Obwalden against the decision on objection of the Compensation Fund of Obwalden dated 11 April 2019, by which the remission of the OASI minimum contribution (Art. 11 OASIA) was refused.
In connection with this appeal, he simultaneously filed an application for legal aid.
By interlocutory decision of 1 July 2019 (UR 19/019/SKE), the Administrative Court wrote off the legal aid application proceedings as settled.
[A.] filed an appeal in public law matters with the Federal Supreme Court against this write-off decision. He requested that the lower court's decision be set aside and that the Administrative Court be ordered to issue a new decision on his application for legal aid. He also applied for free legal representation before the highest court.
Subject matter of the dispute: Admissibility of an appeal to the Federal Supreme Court against an interlocutory decision writing off an application for legal aid in proceedings concerning the remission of OASI contributions.
Considerations
Decisions on the deferral or remission of duties are excluded from appeal in public law matters to the Federal Supreme Court under Art. 83 let. m FSCA. According to case law, this also applies to decisions on the remission of OASI contributions under Art. 11 OASIA.
If the appeal against the substantive decision is inadmissible, the interlocutory decision refusing legal aid is likewise not subject to appeal in public law matters. This follows from the established case law, to which express reference is made.
The subsidiary constitutional complaint under Art. 113 ff. FSCA is also not applicable. A qualified substantiation of the…